HomeMy WebLinkAboutCC 1981-05-28 Minutesim
y ;r
rzm
Cj�t(Y'�,jyr�Y1Qy�"
�� MAY 28 1981
tjRD
SOUITI ON 0 PAI NO.
(REGULAR
�rp ,
— P & z) aW[.
1
2
3
4
5
6
7
8
9
10
12_
13
AMEND § 53-151 OF THE CODE —INCREASE FEES FOR USE OF
MUNICIPAL AUDITORIUM AND COCONUT GROVE EXHIBITION
CENTER
FIRST AND SECOND READING ORDINANCE: AMEND S.53-135
OF THE CODE —INCREASE ORANGE BOWL PARKING CHARGES
DISCUSSION RE: NEWSPAPER ARTICLE CONCERNING GEORGE F.
KNOX, CITY ATTORNEY BEING HONORED AT NAACP DINNER
(A) FIRST AND SECOND READING ORDINANCE: ESTABLISH
SECTION 30-7 OF THE CODE —ESTABLISH CITY OF MIAMI
PARK CLUB MEMBERSHIP
(B) DISCUSSION OF PROBLEMS AT "DOMINO PARK"
FIRST AND SECOND READING ORDINANCE: AMEND 53-146 (B)
OF THE CODE —INCREASE TAX ON ADMISSIONS TO
MIAMI BASEBALL STADIUM
AyEND8719 BY ESTABLISHING A NEW TRUST AND AGENCY
FUND —"LET'S
LET S PLAY TO GROW" AND APPROPRIATING $2,000
FOR ITS OPERATION
AMEND 8719 BY ESTABLISHING NEW TRUST AND AGENCY FUND —
"STAFF TRAINING FOR ADAPTED RECREATION (4TH YEAR)"
IN THE AIMOUNT OF $74,500.
FIRST AND SECOND READING ORDINANCE: ESTABLISH
NEW TRUST AND AGENCY FUND -."LEISURE SERVICES
SPECIAL ACTIVITIES" —SPECIALIZED PROGRAMS AND CLUB
MEMBERSHIPS.
FIRST AND SECOND READING ORDINANCE: AMEND ORD. 8719
BY ESTABLISHING NEW TRUST AND AGENCY FUND —ENTRANT
ASSISTANCE PROGRAM —LITTLE HAVANA" AND APPROPRIATING
$315,054 FOR OPERATION OF SAME FROM A FEDERAL
GRANT.
BRIEF DISCUSSION AND WITHDRAWL OF ISSUE CONCERNING
PROPOSED AMENDMENT TO SECTION 31-39 OF THE CODE —
"EXEMPTION ALLOWED WIDOWS AND PERSONS PHYSICALLY
INur%7ACITATED, ETC.."
FIRST AND SECOND READING ORDINANCE —AMEND 1, 2 AND
5 OF ORDINANCE 9179 INCREASING VARIOUS
APPROPRIATIONS TO COVER OPERATING COSTS AND THE COST
OF CUSTODIAL MAINTENANCE OF LITTLE HAVANA
COMMUNITY CENTER.
FIRST AND SECOND READING ORDINANCE: AMEND 9199—
TRANSFER $246,900 FROM NEW CITY ADMINISTRATION
BUILDING EMPLOYEE PARKING TO SOLID WASTE
OPERATIONS FACILITY EMPLOYEE PARKING
BRIEF DISCUSSION ITEM: CITY COMMISSION QUESTIONS
THE NECESSITY OF HAVING MOVE STAFF THAN NECESSARY
SITTING IN CHAMBERS THROUGH LONG PERIODS OF TIM,
M-81-448 1-21
ORDI. 9269 3
DISCUSSION 3
ORD. 9270
DISCUSSION
4-5
ORD. 9271
5-0
ORD. 9272
-7
ORD. 9M
8
ORD. 9274
9
ORD. 9275
10-12
DISCUSSION
12
I
ORD. 9276
12-13_'
ORD. 9277
14
DISCUSSION
4=1�
10 No$ (REGULAR—P & Z)
R_w
i 7 r
&MsowTioN
IWCE ORSmcT MAY 28, 1981 No,
14
AUTHORIZE AGREEMENT WITH STATE OF FLORIDA, DEPT. OF
EDUCATION, DIVISION OF BLIND SERVICES FOR OPERNTION
OF CONCESSION FACILITY AT PAU'L S. WALKER MINI PARK
AUTHORIZE LEASE AGREEMENT WITH BELAFONT E TACOLCY
a
�r
CENTER, INC. FOR OPERATION OF THE CENTER FOR
A 5—YEAR PERIOD.
yXr
AUTHORIZE EXECUTION OF RETROACTIVE AGREEMENT WITH
`
METRO—DADE COUNTY FOR JOINT PREPARATION OF
4cn
DOCUMENTATION REQUESTED BY THE UNITED STATES URBA:'3
MASS TRANSPORTATION ADMINISTRATION INRE: THEIR
+
FUNDING CO'.MMITMENT FOR OVERTOWN URBAN INITIATIVES
�
PROJECT. (PRE —CONSTRUCTION PHASE).
r
AUTHORIZE CITY KkNAGER TO TRANSFER CERTAIN CITY—
OWNEDE COUNTY TO BUILD METRORAIL
D PROPERTIES TO DA
SYSTEM IN EXCHANGE FOR A PARCEL OF COUNTY-01,'NED LAND
FOR DEVELOPMENT OF OVERTOWN SHOPPING CENTER
18
AUTHORIZE CITY MANAGER TO NEGOTIATE WITH DYNAMIC
CABLEVISION OF FLORIDA, INC. FOR USE OF CITY
STREETS FOR CONSTRUCTION OF A TRUNK LINE NEEDED
FOR DELIVERY OF CABLE TELEVISION SIGNALS TO THE
CITY OF WEST MIAMI
19
AUTHORIZE CITY TO INVEST $250,000 IN FUNDS AVAILABLE
FOR INVEST*ANT OF QUARTERLY BASIS WITH EACH MINORITY
BANK LOCATED WITHIN CITY BOUNDAREIS (FOR ONE YEAR).
20
BID ACCEPTANCE —PAN AMERICAN BANK FOR BANKING
SERVICES.BANKING SERVICES FOR THE CITY
(FOR 3 YEARS)
21
NG VI
ZETA IATI
(A) ACCEPT ID(CUSTODIAL•
SERVICES LITTLE HAVANACOM*UNITY
CENTER)
(B) BRIEF DISCUSSION: CONSENT AGENDA ITEMS.
22
ACCEPT BID: HECTOR TURF AND GARDEN,INC.
3 REELS GREENS MOWER.
DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE
23
ACCEPT BID: BISCAYNE FIRE EQUIPMENT COMPANY —
FIRE HOSE.FIRE DEPARTMENT
24
ACCEPT BID: SOLO AIR CONDITIONING AND HEATING CO.,
INC.—FIRE ALARM OFFICE —AIR CONDITIONING
—
IMPROVEMENTS-1981.
25
ORDERING RESOLUTION: CITY WIDE-1981—SANITARY
SEWER EXTENSIONS IMPROVEMENT (DISTRICT SR-5476—C),
26
ALLOCATE $.1,000 FOR THE YOUTH LEADERSHIP WEEK CAMP—
(FOR TROPHIES, T—SHI.RTS).
27
ALLOCATE $2,000 FOR CONTINUED FUNDING OF LOCAL
OFFICE OF THE NATIONAL ECONOXIC DEVEEQPMENT
ASSOCIATION (N,E.D= ,) TO PEWIT OPERATION FOR ONE
MORE MONTH
tt a�gzc-�i-�w.,T.�E''tF't
PAGE NO.
R-81-449 16
R-81-450 16
R-81r-451
R-81-452
R-81-453
17
18
19
R-81-454 20
R-81-455 20
R-81-456 --'1
DISCUSSION 1 21
R-81-457 22
R-81-458 1 '-2
R-81-459 23
R-81-460 23
R-81-461
R-81-462 I 2 `)
PRO
Tr�i z„ S r
1a1 NO. I (REGULAR-P & Z) UICT
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
loviaivi
1101-
i I WCE � IPAGE NO ,
MAY 28, 1981 RESOLUTION 0.
ALLOCATE $12,500 FROM SIXTH YEAR COMNITY
DEVELOPMENT BLOCK GRANT FUND TO NEW WASHI GTONTO
HEIGHTS COMLpJNITY DEVELOPMENT CONFERENC1,IN
C.
ALLOW THEM TO OPERATE THROUGH JUNE 17,
WAIVE FULL RENTAL. FEE FOR USE OF COCONUT GROVE
EXHIBITION CENTER FY FLORIDA STATE PLAYERS'
THEATRE.
(ANTIQUE SHOW AND RUMMAGE SALE).
LEASE FIRE STATION AT 12TH AVENUE AND 13TH STREET
TO CUBAN MUSEUM OF ARTS AND CULTURE,INC. TO HOUSE
THE CUBAN MUSEUM -
DISCUSSION OF CONFLICTING STATEMENTS GIVEN IN
CONNECTION WITH COMMISSIONER CAROLLO'S BACKGROUND
CHECK FOR APPOINTMENT AS A SPECIAL POLICE OFFICER
APPOINTMEMEMBER OFNTHEFBILLY ZONING BOARD)SASHREGULARMEMBER.
ALTERNATE
r�
APPROVE REQUEST OF MIAMI ROWING CLUB FOR ASSISTANCE
IN THE AMOUNT OF $5,500 IN CONNECTION WITH THE
8TH ANNUAL MIAMI INTERNATIONAL ROWING REGATTA
GRANT REQUEST OF LATIN CHAMBER OF COMMERCE-
ALLOCAT
OR
OF T HEADQUARTERS
SAIDEOR ANIZATION�WOTHFPROVISO OF N MATCHING FUNDS.
OF
DISCUSSION IN CONNECTION WITH THE ESTABLISHMENT
OF COMPENSATION FOR THE NEW CITY MANAGER
DIRECT CITY MANAGER TO INSTRUCT FRANK R. HARDER, ESQ.
SPECIAL PROSECUTOR FOR CITY, TO DEVOTE FULL TIME TO
THE CAYETY THEATERS COURT CASE.
DEFERRAL OF CONSIDERATION OF $8,000,000 REVENUE
BONDS (DINNER KEY MARINA PROJECT).
PRESENTATIONS, SPECIAL ITEMS, PLAQUES AND
PROCLAMATIONS.
GRANT REQUEST OF MR. JOHN SMITH FOR ASSISTANCE
IN CONNECTION WITH THE "LEE EVANS BOWLING
TOURNAMENT OF THE AMERICAS" NOT TO EXCEED $5,500.00
ETC.
R-81-463 25
R-81-464 26
M-81-465
27-33
DISCUSSION
34-59
M-81-466
59-61
ACCEPT BID: D.M.P. CORPORATION -SOLID WASTE FACILITY -
SITE REDEVELOPMENT.
APPOINT TOM HANSIS, ANGEL QUINTERO, PATRICIA LYN-
FUENTES, MARIA WITEHEAD TO ALLAPATTAH COMMUNITY
DEVELOPMENT ADVISORY BOARD,
APPOINT RAY RODRIGUEZ AND JOSHUA HIGH TO THE MIAMI
AUDIT ADVISORY COMMITTEE.(NOTE: COMMISSION APPOINT
JOE CAROLLO)
APPOINT DOROTHY LATIMORE, JAIME GAETES, JOSE FREIXAS
MARGARITA ROSS AND JOSE MENDOZA AS REGULAR MEMBERS 0
FESTIVAL ADVISORY COrL*'IITTEE.(ALTOERNATES: BENNY MOOR
AND JOHN' BARATTE).
M-81-467
M-81-468
M-81-469
M-81-470
M-81-471
DISCUSSION
DISCUSSION
M-81-472
R-81-473
R-81-474
R-81-475
R-81-476
61-62
62-63
64-80
81-82
82-83
84
84-87
87
88-89
89-92
92-94
illy, ND.
Z: 4
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60 (4)
(REGULAR- P & Z) JUUCT MAY 28, 1981
AUTHORIZE AGREEMENT WITH NATIONAL INSTITUTE OF
MUNICIPAL LAW OFFICERS (NIMLO) IN ORDER TO
EFFECTIVELY DEFEND AGAINST EXPANDED LITIGATION
DUE TO FEDERAL LEGISLATION.
AMEND EXISTING AGREEMENT WITH DADE COUNTY FOR
ECONOMIC PLANNING ACTIVITIES TO BE RENDERED BY
DEPARTMENT OF PLANNING AND DEPARTMENT OF TRADE AND
C0I01ERCE-ACCEPT AWARD OF FUNDS.
ESTABLISH NEW GUIDELINES IN CONNECTION WITH CITY'S
METHOD OF COLLECTING FUNDS.
DISCUSSION AND DEFERRAL OF PROPOSED PRESENTATION IN
CONNECTION! WITH "CIVIC TOI,ER PROJECT" IN
ALLAPATTAH.
ACCEPT SOUND SYSTEM EVALUATION REPORT ON THE CITY
CO,,.L`SIS S ION CHAMBERS . AUTHORIZE ALTERNATE
RECOMIiENDATION COST OF $10,000.
DISCUSSION OF RECENT LAYOFFS. MONTHLY REPORT
ON STATUS OF LEISURE SERVICES ACTIVITIES.
INSTRUCT CITY MANAGER TO DESIGNATE AN INDIVIDUAL TO
REPRESENT CITY OF MIAMI IN TRADE MISSION GOING TO
ARGENTINA FOR THE "ARGENTINIAN TRADE FAIR"
DISCUSSION OF PROMOTION OF POLICE OFFICERS.
r^__ INMCE
oLaio3o, I PAGE N0,
R-81-477-
94-95
R=81-478
95-97
DISCUSSION
97 - 100
DISCUSSION
100 - 103
M-81-479
103-104
DISCUSSION
104-107
DISCUSSION 107-108
DISCUSSION ' 108-111
RESCHEDULE REGULAR CITY COMMISSIONI9 MEETI1 AT NG
F JUNE R-81-480
11, 1981 TO TAKE PLACE ON JUNE 8,
ION
(A) IIFRECT THEYAHAVEINOTATION TO BEEN ABLEDTOSS
COMPLETE
NEGOTIATIONS BY JULY 15TH.
(B) REQUEST THAT ADMINISTRATION PRESENT BUDGET TO DISCUSSION
CITY COMMISSION ON TIME.
CLARIFICATION BY COMMISSIONER J.L. PLUMMER, JR.
OF CONFLICTING NEWSPAPER ARTICLE REGARDING DISCUSSION
PROPOSED NEW STADIUM.
BRIEF DISCUSSION INRE: WATSON ISLAND PROJECT.
DISCUSSION
ADJOURN -PLANNING AND ZONING AGENDA
DISCUSSION
AMEND 6871-CHANGE ZONING CLASSIFICATION AT ORD. 9278
APPROXIMATELY 4240-90 N.W. 11 STREET.
AMEND 6871-MODIFY ARTICLE 2, SUBSECTION (2)
PARAGRAPH (A) AND (B)-"STANDARD AND COMPACT PARKING FIRST READING
DIMENSIONS".
AMEND 6871-CHANGE TITLE OF ARTICLE IV, SECTION 11
FROM "REPLATTED LOTS" TO "REPLATTED OR DIVIDED FIRST READING
LOTS", ETC.
FIRST READING: ESTABLISH INTERIM ZONING DISTRICT
("HERITAGE CONSERVAT10N INTERIM ZONING DISTRICT")
REQUIRE PUBLIC HEARYNHISTORIOrSISSIONRE,ETOVAL PRIOR FIRST READING
TO DEMOLITION OF Ah
My, NO.
�-r) (h)
61
62
63
64
65
66
67
CZ]
7i F g_ tig .
h
°9 iiN A
F 4
£ rz f
A 11 5
(REGULAR-P & Z) &UD�G�p �CT MAY 28, 1981
AMEND 6871-APPLY "HERITAGE CONSERVATION INTERIM
ZONING DISTRICTS" (ONE YEAR LIMITATION)
BRIEF DISCUSSION AND TEMPORARY DEFERRAL OF
CONSIDERATION pE�ITPALICATIREFUSE INCINERATOR BY JACKSON MEMORIAL
HOSPITAL
DENY APPLICATION :`FADE BY SWEET HOME,
INC. FOR
PERMISSION TOOPERATE
A.W NBTH SIT ADULT CONGREGATE
LIVING FACILIT
2720 N.W. 21ST AVENUE)
CLOSE/VACATE AND DISCONTINUE PUBLIC USE OF ALLEY
,.
LOCATED WEST OTPLAT A1098NA Y LIE OF VIRGI'�lA
STREET, ETC. (TENTATIVE
A-PODSAID SUB")
CLOSE/VACATE AND DISCONTINUUE OFPUBLIC
24S OF THAT
STREETETC.
PORTION OF N . E . 4 TH AV E�
(TENTATIVE PLAT #1116-•"DAGHER VILLAGE".
GRANT 6-14ONTHS EXTENSION OF CONDITIONAL USE TO
PERMIT CONSTRUCTION OF A BUILDING WITH MEDICAL AND
DENTAL OFFICEUSE`E AS H E ETRICTO).SPECIFIED)
("COCONUT GROVE
DENY APPLICATION MADE BY LUIS RODRIGUEZ-IZNAGA TO
CHANGE ZONING OF APPROXIMATELY 260 N.W. 40TH
AVENUE FROM R-1 TO R-2.
(A) APPROVE REFUSE AN ACCESSORY USE SUBJECTTNTO JACKSON'
MEMORIAL
HOSPITAL
EXCLUSIVE USE.
(B) INSTRUCT ADMINISTRATION TO A'ENDCODOE TOEALLOW
HOSPITALS TO APPLY FOR PERMISSION
REFUSE INCINERATOR AS ACCESSORY USE
AMEND 6871-CHAyS�NDZONING SUBMERGEDFLANDS,NOF ETC.LTOGS
ISLAND, SAM' S I
THE LIMITS SET BY T.P. NO. 1093 "PORT OF MIAMI
EXpOSION"
AMEND 6871-"DRIVE- IN- TELLERS" TO BE RECOMLI NDED BY
ZONING BOARD AND APPROVED BY THE CITY COMMISSION"
t w.al0
SOI PAGE NO.
l.1JT I OiV �
R-81-481 134
DISCUSSION 134
*i-81-486
R-81-487
M-81-488
FIRST READING
FIRST READING
135-:yC
140-14S
148-149
149 - 15C
150 - 15
153 - 15E
157-158
158-159
15 ck
� ��►� off`
order
was aWith
The meeting
thefollowing.mernberso
Mayor
Maurice A. Ferre'
found to be present:s
Commission
rf{css
Commissioner Joe Carollo
Commissioner Armando Lacasa}{
* 00
Commissioner J. L. Plummer, Jr.
R. Gibson
Vice -Mayor (Rev.) Theodore
Maurice A. Ferre
Mayor
>, a
r
f �f
'DSO
PRESENT :
Howard V. Gary, City Manager
Y U t
George F. Knox, City Attorney
City Clerk
Matty Hirai, Assistantso
delivered by Revere�dtoibhenflao
then
An invocation was
in a pledge of allegiance
led
those present
,, IU:� ��: COCO�,UT GZOti'E=%��a�IBITI0i1
1, AP�:ID 553-151 OF THE COOL ir:CZ.:.AS1 FEES FOR US,�
OF KU II..IPAL AUDIT
CE:T= .
Mr. Plummer; •,•ir. Mayor, I will move the item but I want a justification from
have in every possible cut expenses of
the administration that states that they to oin^ rice our
facility down. Diy concern, Mr. Mayor, is that wereraiseythe rate, well,
that f
auditorium out of business. The easy thing to do is just
that , the hard thing to
s not the easy to do
do is to make sure that every ex-
r. tried. I don't want a justifi F
pence has been cut in that facility and thenI think is the justification for
the raise of rates if everything else �k
I want it in writing
within ten days, I move
cation today,
Mayor Ferre: Is there a second?
I'm not going to second it because want to 3`
Rev. GiLson: Well, Mr. Mayor,
now what do I do? L
raise a question,
I withdraw the motion at this time.
Mr. Plummer: ,N
uestion. As each person
Rev. Gibson: I want to ask this qwho
does business{
with us in that auditorium on a more or less permanent regular basis have
proposed.
been told that this increase is being
Mr. Jennings: There are only
three people that deal with us on a long term
ve been
basis, one of the three t Of
was advised,
eand Ilheardefrore mhimayeserday`,oweuhave made
r.
three, there was one that wasi
arrangements, his event will take place next month, his event wili take place
has been resolved and I apologized
at the old rate structure so that situation
t9 dvised him and let him know it will not happen again,
him that we had not a
Commissioner.
It was just an oversight,
Rev, Gibson: Mr. Mayor, you know I continue to say UP here that if you want
You've got to ask me. I don't buy what young people do today,
me to tango Y outo come out
go to a dance, get out on the floor and hop a somebody is going
to dance with you. I don't buy that. I think that when you are advocating
• •
•
•
•
V�
i
• • • • � ° Y b,' a,7fE.
• • � yam. ��L.
• ��� �( 9r9T}Jih� 5
R
s �
ri a '.'� � 3� ���y ���� rttasiy �.`.ffi. ��u � E'�' �'i�i i��E•r'�} �� n u .���k,��
y
� c �• g. t�._ s��sy .`` �� a 7'i'�" t c r- $ � t�i �h kr� °��r ;>e� r �'��'��" �k��i i�9' € ��,y pX� `" ��
� s
a
' ' "�.. .F`. '... � � �" v'i"�,�"-ttt' ym� � , yt,.. A %3�"..;',�S . q : ��., ��t'�we4 �t•� E�.��'Y' +.`��t l��` �ii n ar u� .c � '�Ir .�' a `�:
.,` `�.�;�°,�+� a-ra+r �, tt. t;. ,,�� �+ ,�..,. � i. ,�;�3s.>4.€�"'.1"�,�.'`��.€h 'x � �t"P:.r'j: �k �( ;" "�,.," u.`�,r,• �' ���:_.
.., .£��. ���-�'� ��� ��. xq�y ��y�i x ���s�'i���ir;tu ate; _ � i `��„`+�'�.rol'����� t•�{a5,�r�.�px
U� }
�t v
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SUBSECTIONS (A) AND (B) OF SECTION
53-135 OF THE CODE OF THE CITY OF MIAMI, FLOiaDA (1980),
AS AMENDED, GOVERNING ORANGE BOWL PARKING CHARGES; BY
CHANGING PARKING RATES FOR CERTAIN ORANGE BOWL PARKING
LOTS; BY CHANGING PARKING RATES FOR CERTAIN ORANGE BOWL
EVENTS; BY ADDING TO SAID SUBSECTION (B) A NEW PROVISION
ESTABLISHING AN ORANGE BOWL PARKING RATE FOR RECREATIONAL as �k
VEHICLES FOR ALL EVENTS FOR WHICH ADMISSION IS CHARGED;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; `^"'�
AND DISPENSING WITH THE REQUIRE,,NT OF READING SA:4E 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 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 x�7,
Commissioner Armando Lacasa
Commissioner J. L. Plummer, Jr.
Vice -Mayor (Rev.) Theodore R. GibsonEd
; Mayor Maurice A. Ferre M,,
Whereupon the Commission, on motion of Commissioner Plummer and seconded
by Commissioner Gibson, adopted said ordinance by the following vote:
AYES: Commissioner Joe Carollo ra a
Commissioner Armando Lacasa
Commissioner J. L. Plummer, Jr.�
Vice -Mayor (Rev.) Theodore R. Gibsonylua L,
Mayor Maurice A. Ferre
&ro 9
� c
NOES • None. 4(
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9269.
The City Attorney read 1_he 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.
k
3 , DISCUSSION RE: NEt;: PAPER ARTICLE. CONCEP\ING GEORGE F. KNOX, �td
L�
CITY ATTO.LNEY BEING HONORED AT NAACP DIN.:ER.
rk
Mr. Plummer: !1r. Mayor, I t:-nk we ought to be very cautious of Mr. Knox today, ,
I think his problem stems from 3n article in the paper which we all should be
proud of that Mr. Knox is going; to be honored by the NAACP at a dinner comingn
up and he is going to have to make: a speech and I'm sure he is very ncrvo"q'
about it and we e,:cuse him for uny problems but we also wart to reccgn.ze —7
this C0m:f�issior, ---hat one of our people is being honored and I think : IL r..:_k, h
N,ayor Ferr a; Well, :_s the 4onorary ca:airman of that dinne
that I have kept a close: eye on Vir. YQwx a..nd roe has ahead,
aid w@ l r@ all �91W.4ing fprw4r4 to 4 yr--y
{a Sri
�bkL W,,
-
i
4A) FIRST & SECOND READING ORDINANCE: ESTABLISH SECTION 30-1 OF
THE CODE - ESTABLISH CITY OF MIAMI PARK CLUB MEMBERSHIPy
B) DISCUSSION OF PROBLEMS AT 11DO11IFiO PARK".
W1
Mayor Ferre: Item #4 is before us now. This establishes a City of Miami Parks
Club Membership.
Mr. Plummer: This is an if voluntary basis, is that whatit is?
Mr. Gary: A voluntary basis.
Mayor Ferre: what it is is a heck of a break fog somebody if they want it.
for. Lacasa: This would be a step in the right direction, there is only one
problem that I was going to bring up with the City Commission and that refers
to the Domino Park on S.W. 8th Street and 15th Avenue. This park is being
affected by a situation where certain elements are getting into the park and
are creating problems there that brings the police in. At the same time,
people that go to the park to just play domino or chess and use those
recreational facilities in the proper way are also being affected by that
problem. One idea was, and I was there last night discussing this issue with =
them, one idea was to fence the park in and allow the issuance of some kind
of identification because the people that go and play there are basically in
65% of the instances the same kind of people. So, issue some kind of identi-
fication to these people so they could go for a nominal fee so they could go
and play. Now, I realize that the City cannot deny access to public service
facilities but, George, can you come out with some kind of legal device that
we can address this problem?
Mayor Ferre: circumvent the Constitution. George, you come out with a � E
legal device that circumvents the Constitution.
+ dy3 9y
Mr. Lacasa: I wouldn't say that, Mr. Mayor.. •
fAW
Mayor Ferre: I understand, I'm saying a joke,
r p
i t �R.�c2
Mr. Knox: We'll .look into it. ���, �g�
Mr. Plummer: I think Mr. Lacasa is trying to accomplish an end, of 'course', gj'
and I think it is something that we would all like to accomplish to see it �z
revert back to the days when it was a wholesome activity for that area.
Mayor Ferre: Ship everybody back to Mariel. '
Mr. Plummer: Well, as long as you're the captain. of the boat we'll make;surei a
that it never gets there.
F •
Mayor Ferre: And I'll take the Commission with me.
Mr. Gary,
Mr. Plummer: That's true, certain members. I do believe that the
t
rFS
would go
presence of some authority in that park of periodic sporadic visits
a long way towards being very helpful and I would hope you recognize the plea
of that area that they would encourage and welcome visits there and I think `s ,.
that normally as we know it those undesirables as they have been referred to- L`
not by me but by others - that they would take the hint, s
w
iscussion on Item 4 as has been presented? If not
Mayor Ferre: Any further d
call the roll,
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING SECTION 30-7 OF THE CODE OF THE
CITY OF MIAMI FOR THE PURPOSE OF ESTABLISHING A CITY OFi,{'
MIAMI PARK CLUB MEMBERSHIP AT AN ANNUAL FEE OF FIVE DOLLARS'
�•
($5,00) PER PA$TICIPANT WITH SAID FUNDS DEPOSITED IN A fa
DESIGNATED TRUST AND AGENCY ACCOUNT FOR EXPANDED RECREATIONALqq
SERVICES FOR CLUB MEMBERS, CONTAINING A REPEALER PROVISIONxf.
AND A SEVERASILITY CLAUSE; AND DISPENSING WITH THE REQUIRE,
tNT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF',
NO LESS TNAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION,
u4
MAY 2 8 1981
ii p
I :I
r
Was ihtresduced by Co ii►issioYter tiu�tter and seconded by Commissioner �ibsott
for adoption pursuant to Section 4, paragraph (f) of the City Chartet' dis-
ensin with the requirement of reading same on two separate days by a Vote
p g�
of not less than four -fifths of the members of the Commission = ",
y ON
Cotlnissioner Joe Carollo
AYES:
Commissioner Armando Lacasa'01 ��
Commissioner J. L. Plummer, Jr.fR"
.) Gibson R
r i 'a VideyMayor (Revr r
Mayor Maurice A. Ferre 01
i° �r
NOES: None.
Whereupon the Commission, on motion of Commissioner Piutnmer' acid seottye�
by Commissioner Gibson, adopted said ordinance by the following Mote:
. Commissioner Joe Carollo
AYES
Commissioner Armando Lacasa
Commissioner J. L. Plummer, Jr.
I4
Mice-►layor (Rev.)
Theodore R. GibsonMii
Mayor Maurice A. Ferre yF'#
s
NOES:
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9270.
The City Attorney read the ordinance into tho pubCo fission and record and renounced
that copies were available to the members of the City
opies
were available to the public.
5, FIRST & SECOND READING
MIAMI BASEBALLISTADIUM F THE CODE -
INCREASE TAX ON ADSSIO
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SUBSECTION (B) OF SECTION 53-146 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA (1960) AS AMENDED
WHICH CHANGES THE CITY OF 14IA."1I TAX ON AD^11sSIONS TO THE
MIAMI BASEBALL STADIUM FOR THE USE OF THE ENTIRE STADIUM
AND FIELD (FOR FAD-
ESTIVAL SEATING) FROM 10% OF THE GROSS
FURTHER
MISSION PRICE TO 12% OF THE GROSS ADMISSION PRICE;
DEFINING EVENT COSTS COVERED BY THE CITY TAX ON ADMISSIONS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE;
AND DISPENSING WITH THE REQUIREMENT OF READING SAME ON TWO
SEpp,RATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF
THE MEMBERS OF THE COMMISSION.
Was introduced by
Commissioner Lacasa and seconded by Commissioner
for adoption pursuant to Section 4, Paragraph (f) of the City Charter,
pensing with the requirement of reading same on two separate days by a
of not less than four -fifths of the members of *_hP Commission -
AYES: Commissioner Joe Carollo
Commissioner Armando Lacasa
Commissioner J. L. Plummer, Jr.
u _ nibson
ACFs: Commissioner Armando Lacasa
Commissioner J. L. Plummer, Jr.
y �e�Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NoFs: None,
81f$1
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9271.
Jennings, I mean I voted for it and I$ve lot no
Mayor Ferret On Item 5, Mr,
problems but why 12%? Why notVE
15 ?
Es
Mr. Jennings: Well, what we're doing is, this does hot apply to baseba5ij
applies to rock concerts and things of that sort
Mayor Ferret I understand, I read it.
Mr. Jennings: Well, I wanted to preface it. in that market our rate has
been 10% and that is competitive in that market, that is what other stadiums
are charging around the country. Now the promoters, however, prefer to have
within the rate the security cost paid for by the stadium owners so what we
have done is we have upped it 2% so that will cover our cost of providing '
the security, in fact, a little more than cover it, we'll still make some
additional money.
M
I think, Mr. Mayor, we have found that most of the festivals and
r. Gary:
ng down to Miami primarily because of the compet-
concerts have not been comi
itiveness of other stadiums and in terms of them not being responsible for
security service and all the administrative red tape.
Mr. Plummer: Let me interject. Mr. Mayor and Mr. Manager, I don't know
about the rest of the Commissioners, I can only assume that they have been
subjected re I have been in my office. I want to tell you you had a concert
there a as
of weeks ago, and I don't know the name and I'm not trying to
s ringing off the hook because obviously
pick on a given concert. My phone wa
they had amplifiers that they were trying to sooth the alligators in the 3'
Everglades. Now, you know people have the right to have a little dignity
in their homes. Mr. Jennings, I have long advocated, and I would hope that;
nd a way that these kind of events coul
the administration would fid possibly s
be held at the Marine Stadium. There is nobody over there to bother. But I j
r
want to tell you also that 1 hope that your offices will inform in the future
t
all rock concert places that have amplifiers blowing off the decible level
s.,
that at 11 O'clock our ordinances say it has to cease, and I know they re a '
not going to like that. But I want to tell you something, the people of x
that area have the right to a little peace and comfort and they haven't hadkf
it in the past. So I hope you will make note of that and that in the future
you will save the wear and tear on my telephone and I'ri sure others on this
Commission of people legitimately calling to tell us that they are very upset
about it and especially when the caller says, "I'm sorry, I can't hear you +µ
x
because of the amplifiers".�
ust for the general information, that con -
Mr. Jennings: Yes, sir, we will. J
cert, Commissioner, just to refresh your memory, that concert did end at 10:30 j�
at night.
Mr, Plummer: Well, you know, even though our ordinance speaks from 11 at E
night to 7 in the morning, you know, when the walls of your house are'vibrat ry
a
ing at 9:30 at night it is uncomfortable.."'
Mr. Jennings: Absolutely, yes, sir.
Mr, Plummer: And I think there has to be a certain reasonableness and a ceX°
tain tolerable level of noise that can be generated.14,
Mr. Jennings: And I do agree with you about Marine Stadium, that becomes a
question of capacity, however, the Marine Stadium, you know, only holds 7,004 Xh.
and we can get 30,000 in the baseball stadium,-
.
Mr. Plummer; I understand, you can get. 80,000 in the Orange Sowill
Mr, Jennings: Well, that's what we're trying for,
tt
Mr. Plummer; All eight, sir,
Ji
PSf
i �i 1a s �d}"fp� � Iota
MAY 2 $1981
06
6. AMEND 8719 BY ESTABLISHING A NEW TRUST & AGENCY FUND -
"LET'S PLAY TO GROW" AND APPROPRIATING $2,000 FOR ITS
OPERATION.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8719
AbOPTED ON OCTOBER 26, 1977, THE SUMMARY GRANT APPRO-
PRIATIONS ORDINANCE, AS AMENDED; BY ESTABLISHING A NEW h ,
TRUST AND AGENCY FUND ENTITLED: "LET'S P?.AY TO GROW" r
AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN,,
gtr t ,
THE AMOUNT OF $2,000; CONTAINING A REPEALER PROVISION h
AND A SEVERABILITY CLAUSE; AND DISPENSING WITH THE RE-tIrTFa
QUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS By
A VOTE OF NOT LESS THAN FOUR FIFTHS OF THE MEMBERS OF
THE COMMISSION.
Was introduced by Commissioner Plummer and seconded by Commissioner Gibson
for adoption pursuant to Section 4, Paragraph (f) of the City Charter, dis-
of reading same on two separate days by a vote
pensing with the requirement
of the members of the Commission
of not less than four -fifths -
AYES: Commissioner Joe Carollo
Commissioner Armando Lacasa
Commissioner J. L. Plummer, Jr.5,1
h,
Vice -
Mayor (Rev.) Theodore R. Gibson
iE3Y 4 `t101 � i
Mayor Maurice A. Ferre
z
r
NbES : , ..None
Whereu on the Commission, on motion of Commissioner Plummer and seconded
p
by CommissionerGibson, adopted said ordinance by the following vote:
,
AYES: Commissioner Joe CarolloY �r $
Commissioner
Armando LacasaQair4
Commissioner J. L. Pluer, Jr.
mm7
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
t a:.
V
NOES: None.
E y n'+
3. L s ( ri Fjsn'y,
SAID ORDINANCE WAS DESIGNATED ORDINANCE N0. 9272.
NO
The City Attorney read the ordinance into the public record and annoul
mbers of the City Commission and copie
that copies were available to the me
were available to the public.
S-
x
f-
7. PO[END 8719 BY ESTABLISHING NEW TRUST 6 AGENCY FUND -
"STAFF TRAINING FOR ADAPTED :kECREATION (4TH YEAR)" IN THE
AMOUNT OF $74, 500.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO, 8719,
ADOPTED OCTOBER 26, 1977, THE SUM1RARY GRANT APPROPRI-
ATIONS ORDINANCE, BY ESTABLISHING A NEW TRUST AND
AGENCY FUND ENTITLED" "STAFF TRAINING FOR ADAPTED REC-
REATION (4TH YEAR)" IN THE AMOUNT OF $74#500, AND
APPROPRIATING THERETO A GRANT AWARD OF $40,500 WITH A
CITY CASH MATCH OF $34,000 FOR THE OPERATION OF SAME;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND DISPENSING WITH THE REQUIREMENT OF READING
THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS
THAN FOUR -FIFTHS OF THE 14EIlBERS OF THE COMMISSION.
Was introduced by Commissioner Plummer and seconded by Commissioned GIn�
adoption 4, Paragraph (f) of the City Charter,
for adoption pursuant to Sec
disc'
for of reading same on two separate days by a vote
peng with the requirement
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 „�{E
Mayor Maurice A. Ferre i
NOES, None . ,
w
on of Commissioner
Whereupon the Commission, on motiPlummer and seoonde
by Commissioner Gibson, adopted said ordinance by the following vote —
AYES: Commissioner Joe Carollo
Commissioner Armando Lacasa p
Commissioner J. L. Plummer, Jr.
Vice -Mayor (Rev.) Theodore R. Gibson7J`Ft
Mayor Maurice A. Ferre art
3 'P A92�.Y
NOES: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9273.
The City Attorney read the ordinance into the public record and announ
that copies were available to the members of the City Commission and copies
were available to the public.
� 3 .a � ��. r-•caA � �y�z'��'rs'�1�t�,� TM rot .�� � t .
nQ
:1
8. FIRST AND SECOND READING ORDINANCE:
& AG
ESTABLISH NEW TRUST PFUND:
ROGRA;SSAND CLUB *iBERSHIPSSPICIAL
ACTIVITIES" -SPECIALIZED
M
AN ORDINANCE ENTITLED -
�w <<
AN ORDINANCE ESTABLISHING A NEW TRUST AND AGENCY FUND sVi
"LEISURE SERVICES - SPECIAL ACTIVITIES",
ENTITLED:r
FOR THE DEPARTMENT OF LEISURE SERVICES; PROVIDING FOR
RTICIPANT
REVENUES THEREIN TO BE COLLECTED F�APPPA
ROPRIAT ONSFEE5
IN AN AMOUNT OF $30,000; AND MAKING 4
REFROM BY THE SAME AMOUNT FOR THE PURPOSE OF PROVIn-
THE
ING SPECIALIZED PROGRAMS AND CLUB MEMBERSHIPS IN THE;
AND RECREATION FACILITIES; CONTAINING Ar ,
CITY PARKS
REPEALER PROVISION AND A SEVERABILITY CLAUSE AND DISC-
PENSING WITH THE REQUIREMENT OF READINpG.NSFOLR-FION FTHS {
SEPARATE DAYS BY A VOTE OF NOT LESS
OF THE MEMBERS OF THE COMfJISSION.
ummer and seconded Co
mmissioWas
introduced by Commissioner Ple Citharternedslbson
two separate days by
for adoption pursuant to Section 4, Paragraph (f) of t y a vote
equirement of reading
same on
pensing with the r
of the members of the Commission
of not less than four -fifths -
Y tl
f
k i
AYES: Commissioner Joe Carollo i� � r
Commissioner Armando Lacasasr
Commissioner J. L. Plummer,
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
�5�R5 • : None.
Commissioner Plummer and seconded
Ntltereupon the Commission, on motion of the following vote:
by Commissioner Gibson, adopted said ordinance by
,' �, s
Commissioner Joe Carollo��
AYES:'
Commissioner Armando Lacasa
Commissioner J. L. Plummer, Jr. c
Gibson '� r
Vice -Mayor (Rev.) Theodore R.��� r r, s r
Ferre
Mayor Maurice A.3
NOES: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9274.
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.
,L
ter sw
3
4 [,
09
1
9• FIRST AND SECOIND READING ORDINANCE, AMEND ORD. 8719 BY
ESTABLISHING NEW TRUST AND AGENCY Fn, D-ENT%tNT ASSISTANCE
PROGRAM -LITTLE; HAVANA" AND APPRnPRIATTNG S315.054 FOR
OPERATION OF SAME FROM A FEDERAL GRANT.
Mr. Ernie Fannatto: Ernie Fannatto is my name and I'm President of the Tax-
payers' League of Miami and Dade County. What is this entrance assistance
program? I'd like to know.
Mayor Ferre: Mr. Manager?
Mr. Gary: Mr. Mayor and members of the City Commission, this is a grant that
we received from the Federal Government to assist us in assimilating the Cuban
refugees into our community. Primarily what it does is it attempts to aid
those refugees in finding employment by providing transportation, job develop
ment and job referrals.
Mayor Ferre: Ernie, the full grant amount comes from the State of Florida,
every cent comes from the State of Florida, $315,054. 'e
Mr. Fannatto: (INAUDIBLE) „xE
Mr. Gary: Mr. Mayor, you're correct it is from the State of Florida by way `of
the Federal Government.
Mayor Ferre: Well, obviously it is being reimbursed by the Federal Government
but the it is coming from the State of Florida and it was an application that
we made on March 19th to the State of Florida for funding and it was subsequent
ly approved and this is what....
Mr. Fannatto: (INAUDIBLE)
Mr. Gary: None. }'s
Mr. Fannatto: (INAUDIBLE) .... We cannot afford to take any more refugees
in Dade County. We are over -populated as for water..... jobs and every job'
given to these people is being taken away from our own people who have been t
paying taxes here for many years.... (INAUDIBLE) In other words they shouldn't',
send all these people here, that's what's causing the hardship..... a}
kv,
Mayor Ferre: Well, that's very true, Ernie, the problem is.... I want to cut
through to make a statement to you so we can get on with the business of the �t..
City. This takes care of the expenses that the City of Miami has had to in �'i
cur for the past, not for the future. M
Mr. Fannatto: Well, you didn't let me finish, Mayor.
r �
trjSi ref EPF
Mayor Ferre: Hurry up, Ernie. 1
Mr. Fannatto: Mr. Manager, let's just get one thing straight. You're employed
by the County Commission but you're an employee of the taxpayers. What I'm try- 'J
ing to tell you is we don't want any more refugees. We have taken 70-80% here rz
in the State of Florida and we can't afford financially to keep them here...,
then we're going to have other problems with the hospitals - no housing, no
employment for our people. It is about time you start to remember some of these �-
things. You know it is getting something for nothing that is going to cost us
an awful lot of money just like the School Board. They took all these children
in and the going
y were g g to get a lot of money from the Federal Government and I
said, well, why...... but I'm not for it. I'm willing to take care of our
share.... no matter what nationality we are but there comes a time when we
�k
can't take 80% and all the rest of the counties and states in the country are
taking 20. We are entitled to take care of our share on a pro -ratio basis
that won't cause a hardship in this City and we've over -did that. And Mr.s
Manager, ......best interest of the County, let's not take the money, This
could be very expensive money..... You've got to take into consideration the n"
overall population and the effect it is going to have on jobs, housing and
hospitals and water and we are in bad bad shape in all these and we don't
have the facilities to take care of these people.
Mr, Plummer: Under discussion, Mr. Manager, my concern hopefully is not a con-
cern but I want to express it. It is not in the back up material how this
money is going to be used. When I say used, what agency is going to administer?
10 r, 8 1981
}
is it being done inyh6u90 is it being done by a private existing &gdhdy
already doing the same thitiq'? t ath looking, Mr. Manager, down the road
that says we are going to be having less City employees come October 1.
would hope that we would look possibly that there is an agency in the private
sector that is doing this kind of work already and that these funds could be
given to them with our supervision to actually service this project, so it
is two -fold (1) that the agency administering it whether it is or a private
agency already doing this kind of a job and (2) if, in fact, that is the case
that this City would retain strict supervision over the disbursing of those
funds. So I give that to you and that doesn't apply just to this project but
any of these projects if there are already private agencies doing these kind
`
of things.
Mr. Carollo: Mr. Mayor, this has kind of gotten my curiosity up. Mr. Manager,'
do you have any notion whatsoever where this money is going to?
Mr. Gary: Yes, sir. We have a budget which should have been attached but
these funds will be used and administered in-house. If you recall, when we
first had the influx of Cuban refugees we used a considerable number of City
employees to provide services to them. This was due to the fact that the
Federal Government had not provided any resources to assist in that project.
As the Federal Government began to take over the responsibility in terms of
giving us reimbursement we set up a small cadre of staff which includes approx-
imately 7 people to do that. These people were taken from various other depart-
ments which were being hurt in their normal operations. As they began to reim-
burse us we began to pay their salaries from the Federal Government. Now, in
response to Commissioner Plummer's request also, what you're getting at, three
of the employees are presently, three or four of the employees are presently
on board, the other three employees are being taken from the lay-off register
for re-employment so that is how the funds are primarily being used.
Mr. Carollo: Could you be even more specific, Mr. Manager?
Mr. Gary: Yes.,
Mr. Carollo: So it could be as established for the record. Are you eriii lion g"
S 4�
any of these funds whatsoever going to Saber?
Mr. Gary: To Saber? No, sir.
Mr. Plummer: I don't even know that they're in that kind of business. Howard,
look, what I'm saying, Okay? What I'm saying is that you've got three employees
present and you're thinking about bringing three employees back, my concern is
that you have expressed by memo that possibly we're going to be laying off 500
employees by the first of October, permanent employees. Okay? I don't want to
see more employees being generated now so that the figure come October 1 is more
than 500. That's all I'm saying to you. I don't want to see a duplication of
administration. Now, in this particular case I have no problem the way you
have it outlined but I hope overall it will be looked at.
Mr. Gary: I appreciate your comments.
Mayor Ferre: Any further comments on that issue? If not, call the roll
Item 9.
AN ORDINANCE ENTITLED -
u: _
CE AMENDING SECTION 1 OF ORDINANCE NO. 8719, a
Ill
AN ORDI AN
;r
ADOPTED OCTOBER 26, 1977, THE SUMMARY GRANT APPROPRI-
ATIONS ORDINANCE, AS AMENDED, BY ESTABLISHING A NEWfi';
TRUST AND AGENCY FUND ENTITLED ENTRANT ASSISTANCE
y t
PROGRAM -LITTLE HAVANA", AND APPROPRIATING FUNDS FOR
THE OPERATION OF SAME IN THE AMOUNT OF $315,054; CON-
ls';
TAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE;�i
AND DISPENSING WITH THE REQUIREMENT OF READING SAME
,'
3 � ls�
ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR-
FIFTHS OF THE MEMBERS OF THE COMMISSION,
Was introduced by Commissioner Plummer and seconded by Commi5signer0'
for adoption pursuant to Section 4, Paragraph (f) of the City Charter, dim
peneing with the requirement of reading same on two separate days
by a vote
of not Tess than four -fifths of the members of the Commission -
AYE$; Commissioner Joe Carollo
Commissioner Armando Lacasa
Commissioner J. L. Plummer, Jr.
Vice -Mayor (Rev.) 7'i1�.od;� orE R. G�=o:,
-�
.1 L
F'�:i l�iJl 21�ct' ::. 3'c:!Ic
r
�,N
! 4 j115. k i)4 .u9kc3 '1eM� )
ru k 11 - t }i Fy Y1 u2
v., a
W i eiip15ii t � i i4tYss3oihjoti6h bf C6Mi-sxoher
by Gd tt i of sddp ed said blydihahce by the follot�irlg Vote
AY tom°: (.'of[131t1551dnE'r toe Caroll0 4 e M' tiffsi'
t6ftbistioner Armando Lacasa
N h
commissioner J. L. Plummer, err,
tiice-Mayoir (Rev.) Theodore R. Cibsoh �, T
Mayor Maurice A: Ferre t�
�,Tlxk.�k� '
NOES.: 9a " a� igf4a i��rf tY
SAID OpZI:NANCE WAS DESIGNATED ORDINANCE NO. 5275. `
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 thA public.
10. BRIEF DISCUSSION AND U'ITHDRAWrL OF ISSUE CONCERNING PROPOSED
AMENDMENT TO SECTION 31-39 OF THE CODE- "EXEISPTION ALLOWED
WIDOWS AND PERSONS PHYSICALLY INCAPACITATED, ETC."
Mr. Plummer: Mr. Mayor, I'm going to move 10 but there is a lot of discussion
on this.
Mayor Ferre: Is there a second?
r
Mr. Lacasa, Second.
s
Mayor Ferre: All right, under discussion, Mr. Plummer.
you e not given us, of course,
have Mr. Plummer: mr. Gary, � '
everybody would like
to do for the handicapped: and the widows everything they
can. You have not
given us anything in a statement here showing us the fiscal impact that this
will have by waving these fees nor have you shown us where you are going to°
this
make up this deficit created by this waiver and as such I
think it is at
time insufficient information.
Mr. Gary: I think that is a good point, I'd like to have
this item brought
back up on June llth.
Mayor Ferre: All right, the item has been withdrawn by the administration and
then that simplifies it, it saves us two minutes. Okay?
11 7nsT AND SECOND READING OfiDINANCE-AMEND 1, 2 AND S OF_UKD.
9179 I';CREASI1;G VARIOUS AeVKUVKIA'ilU1VJ '10 ivrcrZ Jinc�r+Tl�v�
COSTS A::D THE COST OF CU'STODI.AL MAiNTtNANCL OF LITTLE
TLE
HAVANA '_'OMTU:; I TY CE'.TER .
Mr. Plummer: Is this to cover the cost of the additional cost beyond budget?
Ms. Gary: Well, let me explain this. During the course of the Cuban influx
we had a considerable number of departments that expended funds out of theirs_
normal operating budges: to provide service to the refugees. Examples of this
are the Police Department, Sanitation and Fire Department. We also provided
services from the Little Havana Community Center. Now they have a very small'.
l trvi�44
budget and they had to expend funds from their normal operating budget that
were required to over their operation for the whole year. Now the Federal
tff
Government has reirr,:ursed the Little Havana Activity Center for the expenses
that they incurred out of their normal operating budget. What this does is
to put that money back into their budget so that they can continue their nor-
mal operations throughout the year as well as provide custodial services,
Now, with regard to custodial services, we have a considerable amount ofatk
activity at that center. Most of the custodial services were done by CETA
z�
employees, all of the CETA employees obviously for the city will be gone by
August of this fiscal year so we have to provide custodial services and what
F-
tt
we're saying is tl.ey have found money within their existing operating budget
that is being reimbursed by the Federal Government to provide these services.
1? 1,"Al AY 2 8 i 9 a�
ri'f�'YiY j 1 3WY 14 fl _
�k Ali.%
zg rf
`�
"�i�ANc� ENTITLED �
7Ai j
AN ORDINANCE AMENDING SECTIONS 1► 2 AND 5 OF ORDINANCE
NO, 9179, ADOPTED OCT013 3, 1980, THE ANNUAL APPROPRI=
ATIONS ORDINANCE FOR THE FISCAL, YEAR ENDING SEPTEMBER 30►,
1961, AS AMENDED; BY INCREASING THE FOLLOWING APPROPRIyT�u,
ATIONS IN THE AMOUNTS INDICATED: GENERAL FUND, DEPART
MENT OF COMMUNITY DEVELOPMENT, $59,637; INTERNAL SERVICE�a�5T
FUNDS, CUSTODIAL MAINTENANCE, $20,000; AND BY INCREASING
REVENUES IN THE SAME AMOUNTS, RESPECTIVELY, FROM GENERALT
FUND MISCELLANEOUS REVENUES, AND INTERNAL SERVICE FUNDS,
► ?
CUSTODIAL MAINTENANCE; TO COVER THE OPERATING COSTS OF
"IR
THE LITTLE HAVANA COMMUNITY CENTER FOR FY' 80-81 AND THE
Q, '`'
MAINTENANCE FOR THE LITTLE
COST OF PROVIDING CUSTODIAL MAit,s
�a
HAVANA COMMUNITY CENTER FOR FY' 80-81; CONTAINING Ak
4-
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND DISPENS=
ING WITH THE REQUIREMENT OF READING SAME ON TWO SEPARATE
DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEM-
BERS OF THE COMMISSION.
Was introduced by Commissioner Plummer and seconded by Commissioner
Gibson
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
Mayor Maurice A. Ferre
NOES: None. x n sr'af+t�
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9276.
The City Attorney read the ordinance into the public record and announc
that copies were available to the members of the City Commission and copies
were available to the public.
13
MAY ? 8 ls81
4
12, FIRST & SECOND READING ORDINANCE: AIE14D 9199 - TRANSFER
$246,900 FROM NEW CITY vtnnisTRATION BUILDING EMPLOYEE
PARY.ING TO SOLID WASTE OPERATIONS FACILITY EMPLOYEE PARKING.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1. OF ORDINANCE NO. 9199,
THE CITY'S CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE
FOR FISCAL YEAR 1980-81 AS AMENDED; BY TRANSFERRING
2�
900 FROM THE NEW CITY ADMINISTRATION BUILDING
$246, '��-.
EMPLOYEE PARKING (ITEM IX-C.ii2) TO SOLID WASTE OPER-z `
ATIONS FACILITY EMPLOYEE PARKING (ITEM IX.C.ii3) ; " 011 �'..
{�O 23se��rt-'#gip
AND DISPENSING WITH THE REQUIREMENT OF READING SAME ON
140T SSHAN
TWO SEPARATE DAYS BY VOTE OF
SION.T
ssioner Plummer FOUR-
FIFTHS OF THE ME14BEPUS OF THE COPgAlIS
ler and seconded by Commissioner
Was introduced by CommiLaoas
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 -
+ �l
AYES: Commissioner Joe Carollo �g
Commissioner Armando Lacasa
Jr.t
Commissioner J. L. Plummer, �7 ��
�Vice�Mayor (Rev.) Theodore R. Gibson' �� Mayor Maurice A. Ferre
NOES ,. . None,£
Whereupon the Commission, on motion of Commissioner Plummer aid seconect "y '
n„�
}j�U�' +yis
wgas I f
by Commissioner Lacasa, adopted said ordinance by the following vote:
k { i t+
t5
AYES: Commissioner Joe Carollo£
Commissioner Armando Lacasa,
Jr. .
Commis s io ne r J . L . Plummer.
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre r„
NOES: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9277.
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.
13. BRIEF DISCUSSION ITEIi: CITY CO:1:•tISSIOh QUESTIO:dS TKE NECESSITY
OF HAVING 11OVE STAFF THAN .%rLCESSARY SITTI;:G IN CFiA.'H3iRS
T1:ROUG11 !.ONG 11ERIODS OF TI11E.
Ferre: I would like to ask, Mr. Gary, since some of the issues that are
Mayor FItem 13 are memorandums that the Police Chief directly signed and
coming er
we're dealing with I think he should be present, I don't see him here.
Mr. mayor, I have invited Chief Harms, Sergeant Reynolds as well as
Mr. Gary: Y}
Mr. Gisberg to be here at 10:00 and two will be here, Mr. Gisberg has assured 411
me that he will be here at 10:00, tig
Mayor Ferre: Well, will the Chief be here?
�s
Yes, he will. '
Mr. Gary • r ;.
mayor Ferxe: All right, now the next question that I have, and z don't mean
y
to ask ever body that is
to embarrass anybody and I'll do it evenly, I m going
here on the staff whether they're here for a particular item on the agenda.
14d like to point out that in the past there have been many meetings, as I
recall, over the past 8 years where members of the administration have been
present throughout the dal and _T ion't think even though some of us had some
1 ,
�'Ji,�',� c' G 1li
Mayor Ferre: Okay. Mr. Mullins? 30, 31, 32. All right, Mr. Howard? 35,
All right, who else do we have here somebody from the Fire Department? 32
and 33, 20, 21. You're here on Item 42, that will be after 3:30. Sorry?
Mr. Gary: He said he thought it might have been dealt with this morning.
Mayor Ferre: Oh, I see. 42, we might be dealing with it this morning be-
cause Commissioner Lacasa has to leave at noon. All right, who else is
here? Mr. Angulo, what item are you here on? ..... You're not here as
a City employee? I see. Anybody else that I've missed? The union people
are here on specific.... Howard, I just think it is important in the fut-
ure that we have people specifically for whatever items they're here on
and, you know, and then move along.
AIR
Mr. Plummer: Mr. Mayor, let rae congratulate you on doing such and maybe
I would like you to consider to go it a step further. Let me just bring
a„'A,
one idea of follow through. If you read Item 20, and Mr. Garcia is here,
I seriously question why Mr. Garcia even has to be here for that item,
likewise 21.
Mayor Ferre: Well, he may have to answer a question.
Mr. Plummer: Well, what I'm saying to you for consideration is that if
those kind of items which I think are just housekeeping items, in fact, if
there is a question we can defer it and ask Mr. Garcia to walk back here
two seconds forward. And what I'm saying to you is let Mr. Garcia do the
work that he is paid to do and it is not to sit here and listen to a full
day of Commission Meetings.
Mr. Gary: If I may respond, the policy is that department director or
assistant director is to attend the meetings if they do not have an item
on the agenda. Now, items that we may consider routine we've found through
experience that the City Comr.:ission doesn't consider them routine. Thirdly,
I think it is important we are trying to provide the City Commission with
as much resource as possible and we've been in positions in the past where
we have had to call people from long distances such as the Police Depart-
ment, Fire Department and Building Department to come over to respond to
an issue that sometimes may not be scheduled or may not be done according
to the hourly schedule that we have on the agenda....
Mayor Ferre: Yes, well, Howard, this is no reflection on you, please, I
just want to make sure that it is understood, we're going into very tight
periods for the City of Miami. There used to be a time when a department
head would come and he would bring three or four people in case questions
were asked and I'm just saying please, you know, you know Cathy is here
with Dena. Now I would imagine that either Cathy or Dena can answer what-
ever questions we have, they're the only ones that I see that are here as
a team, there are others sometimes, now I know for example in the Police
Department sometimes there are issues that involve more than one person
or the Fire Department but sometimes the Fire Chief comes here and he's
got 4 or, 5 people.
Mr. Gary:
policy.
Mr. Mayor, your point is well taken and we will adhere to that
15
14. AUTHORIZE AGREENTNT WITH STATE OF FI.ORIDA, DEPT. OF EDUCATION,
DIVISION OF BLIND SERVICES FOR OPERATION OF CONCESSION
FACILITY AT PAUL S. �.ALKER 1",,I:II PARK.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 81-449
A -RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE
OF
ATTACHED AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT
OF
EDUCATION, DIVISION OF BLIND SERVICES, FOR THE OPERATION
PARK, FOR
THE CONCESSION FACILITY AT PAUL S. WALKER MINI
SUBSTANTIALLY IN Wig} t `ai'.Vt''s3
ONE DOLLAR, FOR A PERIOD OF THREE YEARS,
SET FORTH THEREIN. e
ACCORDANCE WITH THE TERMS AND CONDITIONS
omitted here and on file p{r
(Here follows body of resolution,
in the Office of the City Clerk.)
by Commissioner Lacasa the resolution was ypr'
Upon
being seconded
passed
ac.H, {{
and opted by the following vote-
Commissioner Joe Carollo x s
AYES'
Commissioner Armando Lacasa j1t
Commissioner J. L. Plummer,,
i t J L,
i5q
7 Z
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES:
None.
15. AUTHORIZE LEASE AGD.EEt!EIIT t•:ITH BELAFONTZ TACOLCY CEN.TE: , IAC.
5-YEAR PERIOD.
FOR OPERATION OF TKE CEPiTER FOR A
a
introduced by Commissioner
The following resolution was Plummer, who
moved its adoption:
RESOLUTION NO. 81-450
AUTHORIZING THE CITY IMAGER TO EXECUTE AWLEHSE ;z�4frfi
A RESOLUTION
II4 SUBSTANTIALLY THE FORM ATTACHED HERETO,.
AGREEMENT,
«yy� itx
TACO ICY CENTER, INC. FOR THE OPERATION OF THE KELP►- 5
gELAFONTE
TACOLCY CENTER FOR A PERIOD OF FIVE YEARS, WITH
A FIVE ; <
FONTE
OPTION TO RENEW, IN ACCORDANCE WITH THE TERMS AND
CONDT-_
7
YEAR
TIOIvS SET FORTH THEREIN.
;
{here follows body of resolution, omitted here and on
file -
T (
in the Office of the City Clerk.)
being seconded by Commissioner Lacasa the resolution
was
'Uon
pIAss@d and adopted by the following vote -
Commissioner Joe CarolloAY
ES;
Commissioner Armando Lacasa
�k�
Commissioner J. L. Plummer, Jr,..
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
k
v ^ 1981
NOES: None. 16
l fie a
• • 1 •
nd •
�t
T
�5.
• 11 •
F
`v. ��- � irk ''n _ ti �� !�t=zc � �R �, � � r. a� �.�t1 •,# dRp�, �r� � ��,� �i �? ,
Fa � � � t4 e' .r` h sRr �'� �� � s # � Rk � �'�`'fi?� ° �• �fi- t� � T
F Pti'. � j�'t v _ yF�"� �?`��55'��'( •���'* 471�3 's}IiYx �i�k.
k` �aayy �', ,� ;�1'f' �:'�:.-t •S,�'� s�iw ,��'� }'ae �� f 1 v � �� € shy
��#,9 x ) � e `" Y'� h i � 4� 9 4 1 �y�✓� k��,�1�.k7�5'`s�ER a}'� 4�jF'
E d �
H � 2
R.
17. AUTHORIZE CITY MANAGER TO TRANSFER CERTAIN CITY -OWNED PROPERTIES
TO DADE COUNTY TO BUILD METRORAIL SYSTEM IN EXCFd-0iGE FOR A PARCEL
OF COUNTY -OWNED LAND FOR DEVELOPMENT OF OVERTOWN SHOPPING i;hNitR6
Mr. Plummer: You know, I think that what we ought to start referring and
every time we do something like this is to tell the County that we're parti-
cipating and cooperating and we would appreciate the same from them. When
we swap land with them they put a five year stipulation on it, if we put a
five year stipulation on them there would be no rapid transit. Now, all I'm
saying is in the spirit of fairness and cooperation cooperation is a two-
e administration informs of this as passed I
way street and I want when th
want them to tell us that.
Mayor Ferre: All right, further discussion with those conditions attached to
this resolution? I assume they're acceptable to the maker of the motion?
1 SS
Rev. Gibson: Yes, sir.
The following resolution was introduced by Commissioner Gibson, _Who;'
r
M
moved its adoption:
RESOLUTION NO. 81-452
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE DOCU�
MENTS EFFECTING THE TRANSFER OF CERTAIN CITY -OWNED PROPERTIES .aF
TO DADE COUNTY TO BUILD THE METRORAIL SYSTEM IN EXCHANGE FOR
A PARCEL OF COU14TY OWNED LAND TO BE TRANSFERRED TO THE CITY {
FOR DEVELOPMENT OF THE OVERTOWN SHOPPING CENTER.r�
�{
(Here follows body of resolution, omitted here and on file
fEll
in the Office of the City Clerk.) r
Upon being seconded by Commissioner Lacasa theresolution was �E,r
� 1.
passed and adopted by the following vote-,
AYES: Commissioner Joe Carollo
Commissioner Armando Lacasa;x
Commissioner J. L. Plummer, Jr.{
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. FerreEy`,g
' y
NOES• None. t ua i
81981
JIC
ABLEVISIOiN
1870-F
AUT
HORIZE CITY MANAGER TO NEGOTIATE "I FO'R�CO\STRUCTION OF A
FLORIDA, INC. FOR USE OF CITY STREENi: LINE NEEDED FOR DELIVERY OF CABLE TELEVISION SIGNALS TO
CITY OF WEST MI.AMI•
want to briefly
Mayor Ferre: This is Dyna
mic Cablevision of Florida, do you
explain that?
Mr. Gary:
In essence, Commission, Dynamic Cable Television would like to use
about a mile of our right-of-way so that theycould
tonprovdieecableir lteleg
ct
system to West Miami for which they have a co v
vision. They are now requesting that we give them that right to do that,
of iate with them to do that.
'ys , , "
only permits me to neg�
this gives you the right to
Mayor Ferre: This is not a conclusive thing, y
start negotiations, is
that correct?
Mr. Gary: Correct.
Mayor Ferre: And this i
n no way interferes or has any problems to rho wits, b�ti �
own....
Gar No, it has nothing to do with our own. The issue that will be
Mr. Y
is the fact that this issue has been kicking around the City for
brought up have gotten permission in :.he past from
about 6 or 7 monthsand that they
nt them the right to do that.
other cities to gra, t,
Plummer, seconded by
Mayor Ferre: I understand. It has ueethat ed by wants to discuss this. Do You
Gibson. I see a gentleman standing p
want to very briefly.....
Mr. Cliff Schulman: Mr. Mayor, my name is Cliff Schulman, I'm an attorwe're
with offices at 1401 Brickell Avenue representing Dynamic. Mr. Mayor,
e.
just concerned really with the element of tithis i'temaand weve nthink in lthat sthe
7
with the Manager's Office since Novembis in substantially the form that meets
agreement that is before you today
with
our
ce to West Miami as soon as pos , company's agreement and with the Managesiblewe're late
company'swe would like to —
have is
e
have to get servi
and if it is possible to receive such an approval today ...
Ma or Ferre: You have a motion and a second recommended by the Manager,
Y so I think you're ahead.;�r
there is no controversy
et the sense of the sN
Mr. Schulman: I understand that, sir, and I wanted tog 7,
Commission, but we are running late on this particular„
Commissioner Plummer, who
The following resolution was in
by ,
moved its adoption:
R<
RESOLUTION NO. 81-453
A.RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE WITH
DYNAMIC CABLEVISION OF FLORIDA, INC. WITH RESPECT TO THE rv,
' CgNSIDERATION TO BE PAID BY SAID pNpMp�LICCPLACESr IN SAID
ITS
USE OF MIAMI CITY STREETS, WAYS,
FOR THE
FIRM' S CONSTRUCTION OF A DEDICATED SIGNALS TO THE NCITyEOFDWEST MIAMIta
' DELIVERY OF CABLE TEUN
LEVIS
s AS FOLLOWS: BEGINNING AT THEE
¢° ALONG A ROUTE APPROXIMATELY, .
;;. WEST BOUNDARY OF THE CITY OF MIAMI PROCEEDING ALONG S. W. 4th
STREET TO S.W. 73RD AVENUE, SOUTH TO TAMIAMI TRAIL (S.W. 8TH
" THEN EASTWARD AND ENDING AT S.W.
66TH AVENUE;
STREET) ,
u fi�
? " SA3A PgOpOSED USE BEING SUBSTANTIALLY IN ACCORDANCE WITH THE
a
TERMS OF THE ATTACHED AGREEMENT. i.
(Here follows body of resolution, omitted here and 4n `
in the Office of the City Clerk,)
upon being
seconded by Commissioner Gibson the resolut-ion way
Paraged and adopted by the following vote=
A�FS! Ca 9110, M�', eiummer, 14r, Lacasa, Rev, Gibson and Yor Ter"D '
NOES; None,
19 M�,Y r: 8198i.
19. AUTHORIZE CITY TO INVEST $250,000 IN FUNDS AVAILABLE FOR
INVESTMENT ON QUARTERLY BASIS WITH EACH MINORITY BANK LOCATED
WITHIN CITY BOUNDARIES (FOR 014E YEAR)
The following resolution was introduced by Commissioner Lacasa, who
moved its adoption:
RESOLUTION NO. 81-454
A RESOLUTION AUTHORIZING THE INVESTMENT OF $250,000
IN
FUNDS AVAILABLE FOR INVESTMENT ON A QUARTERLY BASIS
POP, A
PERIOD OF ONE YEAR C014MENCING JULY 1, 1981 WITH EACH MINOR fix' h iy t
ITY BANK LOCATED WITHIN THE CITY' S BOUNDARIES; SAID
AUTHOR°
IZATION TO BE IMPLEMENTED IN ACCORDANCE WITH THE CITY
CHARTER AND APPLICABLE STATE LAW•,,
(Here follows body of resolution, omitted here and
12 t
on file
in the Office of the City Clerk.)`
h s 4�
by Commissioner Plummer the resolution
Was{f
Upon being seconded
passed and adopted by the following vote-
..
r}5i,
AYES: Commissioner Joe Carollo
r „
Commissioner Armando Lacasa
ih�� Y
Commissioner J. L. Plummer, Jr.
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None.
20. BID ACCEPTANCE -PAN AAlERICLN BANK FOR BANKING SERVICES.
BANKTNG SERVICES FOR THE CITY (FOR 3 YEARS).
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 81-455
_A RESOLUTION ACCEPTING THE BID OF PAN AMERICAN BANK IN THE
AMOUNT OF APPROXIMATELY $79,424.00 AS A CHARGE FOR BANKING
`SERVICES FOR THE CITY OF MIAMI FOR 3 YEARS BEGINNING DUNE 1,
1981; WITH SUCH SERVICE CHARGE TO BE PAID BY THE CITY MAIN-
,m; TAINING AN UNINVESTED AMOUNT OF MONEYS ON DEPOSIT WITH SAID
sna } BANK; WITH SAID REQUIRED UNINVESTED BALANCES FLUCTUATING
u
DURING THE 3-YEAR PERIOD BASED UPON ACTUAL VOLU%
ME OF SER-
VICES PERFORMED AND THE INTEREST RATE OF NEWLY -ISSUED
kf hI
TREASURY BILLS; AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH SAID BANK IN ACCORDANCE WITH THE TERMS AND
v
CONDITIONS OF SAID BID.
omitted here and on file
(Here follows body of resolution,
.,.. in the Office of the City Clerk.)
�7pon being seconded by Commissioner Gibson the resolution was
paSsmd and adopted by the following vote- w€
AX4rS: Commissioner Joe Caroilo
Commissioner Armando Lacasa x x
Commissioner J, L, Plummer, t
Jr, �
Vice -Mayor (Rev,) Theodore R, Gibso0
Mayor Maurice A. Ferre
xz
tsn 4. Ej a
r x 0
.
Nil AIV 8 i9S1
'An
21. (A) ACCEPT BID: ZETA BUILDING SERVICES, LtiC. (CUSTODIAL S$tiVICES
A'1 LITTLt tiA "A CUMMUIi" C6N'1'Ett.
(B) BRIEF DISCUSSION: CONSENT AGENDA ITEMS.
from Item 30 to 38I am asking of the Manager why
,
Mr. Plummer: Mr. Mayor, all those items can't
that is not part of a Consent
ConsentAgenda,
Agendaasking why
be done with one sweep
Mr. Gary: I basically have no problem with that being a Consent Agenda.
Mr, Plummer: It sure saves an awful lot of time.
Mr.• But we're trying to be sensitive to the City Commission priltaYily,
be cause when we were dealing Gary. with purchasing items in the past there were
be
always questions raised.
Mr. Plummer: On a Consent Agenda any Commissioner can withdraw any item
they want at any time, I'm just trying to save time.
Mr. Gary:
Your point is well taken.
was introduced by Commissioner Lacasa,
wh6}}'
The
following resolution
moved its adoption:
zz
r.
RESOLUTION NO. 81-456
-A RESOLUTION ACCEPTING THE BIDSERVICES LIOF ZETA TTLE
DIAL
INC. FOR FURNISHING CUSTODIAL
BASIS FOR ONE YEAR
HAVANA COMMUNITY CENTER ON A CONTRACT
AND VEHICLE MAINTENA23CE;
;n.
FOR THE DEPARTMENT OF BUILDING
$40,000.00; ALLOCATING FUNDS
v< "
AT A TOTAL PROPOSED COST OF
1980-81 OPERATING BUDGET OF THE DEPART -
n}
+THEREFFROM THE
OR
DEVELOPMENT; AUTHORIZING THE CITY MAN-
MENT OF COMMUNITY
AGENT TO ISSUE THE PURCHASE ORDER
AGER AND THE PURCHASING
FOR THIS SERVICE.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
being seconded by Commissioner Plummer the resolution was
Upon
and adopted by the following vote- ,
passed
AYES:
Commissioner Joe Carollo
Commissioner Armando Lacasa
Commissioner J. L. Plummer,
Jr.
Vice -Mayor (Rev.) Theodore R.
Gibson
Mayor Maurice A. Ferre
21 y
22
ACCEPT BID: HECTOR ER URF AND GARDEN- IN
JOW3 REEL GREENS
DEPARTMENT OF BUILDING AND VEHICLE MAINTF21AN
CE
Plummer, who
in resolution was introduced by COmmissioner
The following
moved its adoption:
RESOLUTION N0. 81-457
ACCEPTING THE DID OF HECTOR TURF AND GARDEN., INC
A YESOLUTION
ENS MOWER FOR THE DEPARTMENOF ,
EOH FURNISHING ONE 3 REEL GREENS
DUILb ING AND VEHICLE MAINTENANCE: AT 80 $1 OPERATING BUDGET
A TOTAL COST OF �00;
i,()CA'TING FUNDS THEREFOR FROM THE 19 AND
THAT
DEPARTMENT AUTHORIZING THEFCORDERMANAGER HIS EQUIPMENT+
OF THE PURCHAS
CHASING AGENT TO ISSUE
r
of resolution, omitted here and on file
(Mere follows body Clerk.)
in the Office of the City
lution was
er the reso
seconded by Commissioner PlummF 'ki
Upon -being vote -
passed b the following
passed and adop Y'
Carollo� ��£
Commissioner Joe �� x ��
AYES: Commissioner Armando Lacasa,
L. Plummer, Jr. a
Co
Vice -Mayor (Revmmissioner J•Theodore R. Gibson
°..) Mayor Maurice A. Ferre
NOES None -
BISCAI'NE FIRE EQUIPMENT COMPAI3Y•
23. ACCEPT BID: FIRE AYNE F"01'T
FIRE 110SE.DF
ssioner Plummer► who
The following
resolution was introduced by Comm'
moved its adoption:
RESOLUTION NO. 81-458
THE BID OF BISCAYNE FIRE EQUIPMENT
_ __ .. __ mn THE
22
24. ACCEPT BID: SOLO AIR CONDITIONING AND HEATING CO., INC.
FIRE ALA 11 OFFICE -AIR CONDITIONING =-
I2iPROVEMENTS 1981.
resolution was introduced by Commissioner Plummer, who
iY
The following
moved its adoption:
RESOLUTION NO. 81=459
A ,RE$Or,UTIpN ACCEPTING THE BID OF SOLO AIR CONDITi0I3ItvG
� 11k
INC. 114 THE PROPOSED AMOUNT OF $13,900,
I#EATING CO. ,
SASE BID OF THE PROPOSAL, FOR FIRE ALARM
OFFICE -AIR
CONDITIONING IMPROVE 1981; WITH MONIES THEREFOR a,
ALLOCATED FROM THE "SPECIAL PROGRAMS AND ACCOL'tv'TS -a ; .:
ia
PROPERTY MAINTENANCE" IN THE
ADMINISTRATION BUILDING TRACT COST; ALLOCATING,�
AMOUNT OF $13,900 TO COVER THE CON
;a
FROM SAID FUND THE AMOUNT OF $1, 5O TOIDOF -ND THE
UN
OF pRQ��F.CT EXPENSE; ALLOCATING ::,ROM SAID
r
OF $421 TO COVER THE COST OF SUCH ITEMS ��F�FcO`IdSSAGID
TESTING LABORATOP.IES , AND POSTAGE; ALLOCATINGp,ND
REC_INDI COSTS;
FUND THE APIOUNT OF $580NApER ORTHE
ERECUTE A CONTRACT WITH
AUTHORIZING THE CITY MA `
ssr .
SAID FIRt4, SbBJF:CT TQ THE AVAILABILITY OF FUNDS • Y L
Of resolution, omitted here and on
s,� a
(Here follows body n
in the Office of the City clerk.)l
seconded by issioner Lacasa
Comsr•
the resolution was
Upon being ivote-
the following
passed and adopted by �
Commissioner Joe Carollo ,
AYESs
Com^,issioner Armando Lacasa�tri�M1hµ};
Con
missioner J.
L. Plum,-ner, Jr.
vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None.
�5.
ORDERING RES01-UTION: CITY k'IDE_1981-SANITARY SMIER E}„ENSIONS
I'rTPROVE:'iENT ( DISTRICT SR-5" 7b C
month or two
Mayor Ferre: Mr. Grimm or c4r. Lather, I would date onkournthe sanitarytsewer/storm
months, I don't care when you dateit,
asatouhow far along we are and how much
sewer, every year we get an up
they we have to go to complete and what your estimate is in 1981 dollars
as
fur
to what that will cost.
Mr. Gr imm: Yes, would you like us to throw in highways too, I4r. Mayor?
Well, if
Mayor Ferre: you want to do that separately that is fine, that is
something that fine, if you want to do it I think it is a good idea to upaat
every year on that issue.
ution was introduced by Commissioner Lacasa, who
The following resol
moved its adoption:
RESOLUTION NO. 81-460
A FBSOLUTION ORDERING CITY WIDE 1981 SANITARY SEWER
A TBNSIONS IMPROVEMENT AND DESIGNATING THE PROPERTY AGAINST
', W#3ICH SPECIAL F+SSESSMENTS SHALL BE MADE FOR A PORTION OF THE
��r of AS CI'Y WIDE - 1981 - SANITARY SEW,
' OST THERE R EXTENSION
RLINE SEWER).
��=r MEr7T DISTRICT SR-5476-C (CENTE
pr . fir, a
F t
ere follows body of resolution, omitted here and on fife
h lA the office of the City Clerk,) jA�
} MY
23
281981
t
_
tN
ar _•
u
r � t `�S d 2� .'
its a t�i� c b otnini ssi her Piu er the
rt§61utib *919
pammid and adopted by
the fdllbwihg vote -
Commissioner doe Carollo
Ct hVhissioner Armando Lacasa
�t
Commissioner J. L. Plummer,
Jr►�' �,��
VxlceiMayor (Rev.) Theodore R.
Gibson y t ( 6 v
Mayor Maurice A. Ferre
NOES: None,
26. ALLOCATE $l,000 NUK 'int YobTn LrauctiSnlr wnEt�
(FOR TROPHIES, T-SHIRTS)
The following resolution was introduced by Commissioner Lacasa, who
moved its adoption:
RESOLUTION NO. 81-461
A RESOLUTION AUTHORIZING THE ALLOCATION OF $1,000 FROM THE
SPECIAL PROGRAMS AND ACCOUNTS, QUALITY OF LIFE PROGRAMS/ „h
CITY WIDE EVENTS FOR THE YOUTH LEADERSHIP WEEK CAMP TO
DEFRAY THE COST OF TROPHIES, T-SHIRTS, AND SUN VISORS FOR 5, rah',
a 3
THE YOtTNGSTERS PARTICIPATING IN THE PROGRAM. q
(Here follows body of resolution, omitted here and on file:? t
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` 3 t
i
Commissioner Armando Lacasa
Commissioner J. L. Plummer, Jr.
3 Vice -Mayor (Rev.) Theodore R. Gibson
�t Mayor Maurice A. Ferre w
24
MAY 2 8 1981
27 ALLOCATE $2,000 FOR CONTINUED FUNDING OF LOCAL OFFICE OF
THE NATIONAL ECONOMIC DEVELOPMENT ASSOCIATION (N.E.D.A.)
TO PERMIT OPER 11ON FOR ONE MORE MONTH.
The following resolution was introduced by Commissioner
Carollo, who
moved its
adoption:
RESOLUTION NO. 81-462
A RESOLUTION ALLOCATING $2,000 FROM SPECIAL PROGRAMS AND
ACCOUNTS = CONTINGENT FUND, TO THE LOCAL OFFICE OF
THE
NATIONAL ECONOMIC DEVELOPMENT ASSOCIATION (N.E.D.A.)
TO
PERMIT THE AGENCY TO CONTINUE OPERATING FOR ONE MONTH
AT WHICH TIME THE CITY COMMISSION WILL REVIEW SAID
AGENCY'S
FINANCIAL STATUS.
a
,
(Here follows body of resolution, omitted here and
on file'
in the Office of the City Clerk.)`
'
being seconded by Commissioner Lacasa the resolution was =3
.jpon
and adopted by the following vote-
,passed
AYES:
Commissioner Joe Carollocr,i;.
Commissioner Armando Lacasa
;
Commissioner J. L. Plummer► Jr.9y,T
Vice -Mayor (Rev.) Theodore R. Gibson
Ott=
Mayor Maurice A. Ferre
NOES: None,
28. aLLOCATE $12, 500 FROM 6TH YEAR COXIMI LAITY DEVELOPEMI NT BLOCK
GR=-1:T FUND TO NEW kAShlNGTON HEIGHTS CO�Tn)-LAITY DEVELOPMENT
CONFERENCE, INC. TO ALLOW THEM TO OPERATE THROUGH JUNE 17, 1981.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 81-463
A RESOLUTION ALLOCATING $12,500 FROM THE 6TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUND PREVIOUSLY APPROPRIATED BY ORD-
g, INANCE NO. 9102, ADOPTED MAY 22, 1980, TO NEW WASHINGTON
HEIGHTS COMMUNITY DEVELOPMENT CONFERENCE, INC., TO PERMIT
THE AGENCY TO OPERATE THROUGH JUNE 17, 1981; AUTHORIZING THE
'i''` CITY MANAGER TO AMEND THE EXISTING AGREEMENT WITH SAID AGENCY.
ZY.
Y
(Here follows body of resolution, omitted here and on file y
in the Office of the City Clerk.)
z �
Upon being seconded by Commissioner Gibson the resolution was ,rr
passed and adopted by the following vote-
AYES; Commissioner Joe Carollo
Commissioner Armando Lacasa .
Commissioner J. L. Plummer, Jr.
'
Vide -Mayor (Rev.) Theodore R.; Gibson
Mayor Maurice A. Ferre
No!!d,
.. m. ... � • > `1�. „F, ins, m�£�... _. .. ..
r i� rtyk�}eaae 1 w "b!IN_
f
29. WAIVE FULL RENTAL FEE FOR USE OF COCONUT GROVE EXHIBITION
CENTER BY FLORIDA STATE PLAYERS' THEATRE.
(ANTIQUE SHOW AND RU11MAGE SALE).
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 81-464
A RESOLUTION RATIFYING, CONFIRMING AND APPROVING THE ACTION OF
THE CITY MANAGER IN WAIVING THE FULL RENTAL FEE FOR THE USE OF
THE COCONUT GROVE EXHIBITION CENTER ON MAY 15, 16 AND 17, 1981
FOR AN ANTIQUE SHOW AND RUM.M.AGE SALE SPONSORED BY THE FLORIDA
STATE PLAYERS' THEATRE IN CONJUNCTION WITH COCONUT GROVE CARES,
INC., SUBJECT TO PAYMENT FOR EVENT PERSONNEL, ELECTRICITY, IN-
SURANCE, AND OTHER DIRECT COSTS BORNE BY THE CITY; ALLOCATING
$1,200 FROM THE SPECIAL QUALITY - PROGRAMS QUALITY OF LIFE
PROGRAM - FEE WAIVERS, TO COVER THE COST OF SAID WAIVER; AND
PROVIDING THAT SAID SPONSOR SUBMIT TO THE CITY MANAGER, WITHIN
30 DAYS FROM THE DATE OF SUCH FACILITY USE, A DETAILED ACCOUNT-
ING OF GROSS FUNDS RECEIVED BY IT BY WAY OF FACILITY ADMISSION
FEES AND FUNDS RAISED IN CONNECTION WITH THE AFORESAID EVENT,
TOGETHER WITH A DETAILED ACCOUNTING OF FUNDS DISBURSED, INCLUD-
ING THE MANNER IN WHICH NET PROFITS ARE TO BE DISBURSED, TO-
GETHEP WITH A STATE14ENT OF THE SUMS DISBURSED.
,
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Lacasa the resolution was:
y ;
passed and adopted by the following vote -
AYES: Commissioner Joe Carollor
Commissioner Armando Lacasa
Commissioner J. L. Plummer, Jr. ` �r
nk i
Vice -Mayor (Rev.) Theodore R. Gibson
Y r
3
Mayor Maurice A. Ferre�o,,a��,
N�'' ghr�'3iF { i C
5 .t
NOES: None.
Rev. Gibson: May I ask this question? On #38, do you mean to tell me Mrs.
Virrick and those can pay a fee and these people can't pay a fee? I just
want to raise that question, now you know, I would encourage Mrs. Virrick
and those to come in here because God knows I know what they're doing. See,
once we start giving away, man, you know. rr
k�
Mayor Ferre: Well, this is somethingthat we discussed at the last meetin
9
and this is a formalization now, it's all right with me, you tell me what
you want.
,
Rev. Gibson: If you discussed it I wasn't here. ;
ZI.
Mayor Ferre: That's right, Gibson was not here.$,
Rev. Gibson: Wait a minute, I don't want to stop anything, I;just want toorm
warn you there is such a thing as reading the handwriting on the wall.``'
That's all right, move on.
, a .
14
MAY r 81981
FA
30. LEASE FIRE STATION AT 12 AVENUE AND 13TH STREET TO CUBAN
Mi1Rr,11M OF ARTS AND CULTL'E,INC. TO HORSE THE CUBA:; MUSEU;i
Mayor Ferre: All right, Mr. Lacasa - for the record, Mr. Gary, on Item 42
I was visited by the President of that organization, Mrs. ..ignon Medrano,
she came accompanied by I don't know whether it was Mr. Diaz or who will be
speaking to that issue, it is on the afternoon agenda but perhaps somebody
might be able to talk to it. We have also scheduled the Candellas, Mr. and
Mrs. and the other members of the Cuban Museum. I have for the record, if
I might, do so read the following .letter from Mr. David Wollard who is the
Chairman of the Metropolitan Dade County Council of the Metropolitan Dade
County Council of Arts and Sciences which is the advisory board that deals
with arts and sciences in the community for the County.
"Dear Mayor and Commissioners:
As Chairman of the Dade County Council of Arts and Sciences, I call to your
attention the request of the Cuban Museum of Art and Culture for the use of
the existing facility - formerly a City of Miami fire station - located at
S. W. 12th Avenue and S. W. 13th Street, to house the Museum's exhibits and
administrative offices.
I understand that the President and the Board of Directors of the Museum
plan to appear before the Commission to propose that the City lease the
above -mentioned facility to the Museum for three years, at a cost of $1
per year, the lease to be renewable at the discretion of the City Commission
"
at the end of the said three-year period.
As you know, the Cuban Museum of Art and Culture was founded in January, 1974,
and has sponsored and presented activities of an artistic and educational
nature throughout Dade County since 1976. Heretofore, the Muse= has been a-
"museum without walls." Tho availability of the vacant facility presents
an excellent opportunity for the City of Miami to showcase a worth community`
cultural resource and to increase public awareness of the quality and variety
of Cuban arts and crafts.
I look forward to your favorable consideration and support of the proposal
of the Cuban Museum of Art and Culture."
Now, members of the Commission, these people since 1976 which is 5 years have
been looking all over this community for an approrriate location. They, of
course, have been aware that some of these fire stations have been closed
and they have on their own, own initiative, I guess some of them go to St.
Peter and Paul, looked at that station, they asked permission to go inspect
it, they inspected it, got very excited about it and came back with a re-
quest for it. Now, I realize that this is an issue that has all types of
ramifications on what we do with surplus property. These people are not re-
questing that we give this property to them, I'm sure they will in the fut-
ure if they're successful and I mean it is important to put that out front
that there will probably be a request for the property should the property
be successful. They're not asking for any subsidy, they're not asking for
the City to fund the property, all they're asking for is to be able to use
it for a three year period to prove that they can not only exist but that
�o3H
they can subsist and prosper. As you know, the Cuban community makes up
f�
over 55% of the total population of the City of Miami. Now this is an organ-
ization made up of I think some of the best Cuban Americans that we have in
our community, people that are honestly and totally dedicated to the welfare
of the City, I wish all the requests that came to us came with that kind of
support and that kind of backing, in the same way that we have supported
s
other institutions I think this is a very worthwhile project and I just
want to commend it to you along with Mr. David Wollard, the Chairman of the
Council of Arts and Sciences and say that I think it is a most worthy
project and I am totally in support of it and I hope that the Commission
would see fit. I see Mrs. Dias and I would recognize her at this time to
_
say a few words, Your name and address for the record and your statement.
L
is s's
E
1,
RtA, Arta AlVare2: My narre is Ana A varet, l live at `lib btiftW66d Mad
Key biscayhe and 1 am the Vice-president of the Cuban Museum, f Would like,
futthefnore, to tell you that we thought we would be represented by all the
board members but by mis-interpretation by ourselves as to the time we would
be on the agenda that is why the rest of the members of the board of trustees
and board of directors of the Cuban Museum are not here. Anyway, I think
that after reading the letter of Mr. Wollard of the Council of Arts and Sciences
I just have to reaffirm that we have been working in the community through all
these 6 and 7 years and we have presented exhibits, we have had lectures, we
have toured children to exhibits of monetaries and stamps, we have been work-
ing hard for the community in two senses. We first want to have and keep our
heritage for our children and we also want to establish a breach of understand-
ing between different communities and the different ethnic people that make
the Miami community. We have set up exhibitors that speak to the black com-
munity as Itoria , he is an Afro-Cuban exhibitor. We have established
relations with the Anglo community through our exhibits and we firmly believe
it is through the cultural understanding that we can get to a better knowledge
of each other and so to really understand each other and agree in other issues.
Mayor Ferre: Thank you. I might point that Annie Alvarez and her husband
Raul who is well-known to this Commission, I cannot, and I don't mean to
offend anybody else, but I cannot think of anybody in the Cuban community
that in the past 8 years has been more dedicated or more active, selflessly
to try to improve Little Havana than Paul Alvarez and his wife Annie follows
the very same pattern. If you look at the Board of Directors of the Cuban
Museum besides the klvarers and Dr. Eddie Arango and the Candelas, Margarita
Cano, Castellanos, you really have, Justo Legido, you really have some of the
most dedicated civic minded and culturally minded people in the Cuban Com-
munity. I have a letter here from St. Peter and Paul which is addressed to
the Mayor and members of the City Commission signed by the Reverend
Gilberto Fernandez, Pastor of St. Peter and Paul which reads as follows:
"Dear Sirs:
We have received with pleasure, the news of the request of the Cuban Museum
of Art and Culture to obtain a lease at the former fire station located on
Southwest 12th Avenue and 13th Street.
Such a move is welcome by us, as it will serve to enhance our neighborhood,
and we are sure our school will certainly benefit by the museum's proximity
to it.
In addition, we want to inform you that the parish is making its parking
facilities available to the special events sponsored by the museum."
Lastly, we have a letter dated May 27th signed by Mignon Perez de Medrano, ��4
President which reads as follows:
E
"Dear Mr. Ferre :
i I pfi .
Eight years ago the Museo Cubano de Arte y Cultura commenced its existence.
This non-profit organization was founded to promote and preserve the Cuban
artistic heritage rich in its blend of Hispanic, Indian and Afro cultures.'
1 3
Since it has evolveu into a dynamic center for the dissemination and exposi-
tion of works of art and historic treasure of not only Cuban roots and
achievements, but also of other Latin American countries.
To date, obstacles have multiplied due to the lack of a building wherein to
house the presentations and exhibits heretofore organized by the museum.
On Thursday, May 28, 1981, we will appear before the City Commission to re-
quest that the building located at Southwest 12th Avenue and 13th Street,
formerly used as a fire station, be made available to the Museum as a center
wherein the art exhibits, lectures and cultural events, in general, can be
held and a ,permanent exhibition can be displayed. It is impossible to en -
numerate in this brief letter the past activities and future projections of
the Museum. They will be outlined at the Commission Meeting.
The community at large and the Cuban community which to thank you in advance
for your gracious favorable consideration of this request,"
Mx`. Plummer; Mr. Mayor, I guess one of the problems of being around for a
long time is remembering history. I think it is in order that this Commis-
sion today move a public hearing on this matter on our next regu�gnu U lr,�j1
28 MI i U
-
f
r �
of there are a lot ofrObii�a
scheduled Meeting of June llth Msy r
that would have to be ironed out internally prior to 1 think a Coissin
approval, I think this (1) is precedent setting,
t think (2) part of
p spent in the Fire Department budget showed
an _
the monies that have been of $100►000. _
anticipated reimbursement fro
tthesaroblemse of hcreatedis ewhen 13th Avenue WAS
think, Mr. Mayor, we all recallP be right
renamed, that that was a big problem. I think it would only
t meeting so that
that we have a public hearing on this matter tthemselves asxa regularly sched-
everybody has the opportunity to express
uled item. Another matter, Mr. Mayor, that would have to be addressed is
the matter of zoning. It is presently, as I understand it, zoned for govern-
ment use. There would be other problems even
theiroparking, parkingand
wouldPaul
be
graciously has agreed to allow them to use their
I think all
of concern. The zoning has to be addressed, presented thetpublicrhearing
Mr. Mayor, must be looked into in depthP suggest at the next meeting.
whenever it would be scheduled, and I would
Mayor Ferre: I would respectfully, Mr. plu;mrer, say that the public hear -
it would come up during the rezoning of the property for this
special use. We are not giving away any property, we are leasing it for a
three year period and I think that the whole aspect of this matter would
certainly come up at a public hearing on the rezoning and at that time, ob- -
viously, the Commission would have the opportunity if that is the concensus
to turn this matter down. I would remind
ave one on any
outuforapublit we 1c/private non-profit
locations, we have leased the properties
type of operations, N,i ami Home for the
for example, in Legion Park to the =
Aged, the Jewish community,
t.1r, Plummer: A portion of it.
Mayor Ferre: A portion of it, that is correct. This is obviously a much
smaller facility. We have done so and e ofthem evenhout a profitable operations
leased many other facilities out, lic hearing. we have
some le, concessions at golf courses, at
which this obviously is not. For example,
there is a profit involvement.
Melreese Golf Course where
Mr. Plummer: Sure.
Mayor Ferre: or a concession involvementfor
the
the pro,
wecoopdid
tharationt without
theCity
public hearing. I would say that if you l
has had with Tacolcy Center, for example, with African Square and the other
items in Coconut Grove itself where weera a donons all
litiesthese
ortype
ea f themthings
for
where we have given community based p
$1.00 a year because they're serving the public. So, in resume, I would like
to propose the following: We approve in principle this item and that we
schedule it for a zoning to comply with all of the proper rules and reg
ula-
that time that that would be the public hearing
tions and that jointly at
and then properly
Commis -
where this matter would be discussed y come to the Commis-
sion under the current course of events. I'm sure it will be a couple of
to
months.
Rev. Gibson: Mr. Mayor.....
Mayor Ferre: Well, Z don't want to cut off anybody from discussion, if you
want to make that as the form of a motion....
Mr. Lacasa: If that is, if you are making that as a motion I will
Mayor Ferre: Yes, I'll make it as a motion, that's fine,
second it.
Gibson: Mr. Mayor, I want to speak to the issue. of all the things I
byou
1 4
Rev.
to
aavegfromh cIaminotlopposedttolwhatons
T3%
would he the first one to want go
I h
�i,
cause that is where I get all that
to the Commission's attention the follow -
;e
ant
axe asking for. But I wto call
memory about some things but a long one about
ng: I have a very short
and my members remind me, that I always say the dis-
others. I always say,
of keeping old people around is they remember the right thing at
advantage
All right? With that in mind let me call to the attention
,z
the wrong time.
this Commission took the position of collecting all City-
that some time ago
A-L-L, put it in a pot and try to sell it, market it out and
owned property
from the saof land to invest in
le of the many pieces
then use the proceeds
building, Do you remember that? Part of the argue
that new administration
when you were talking about the Forensic Hospital was just
meat you used
that? All right, that's (1). I hope if we're going
that. Do you remember
to do this then we need to abandon the position we have taken in t;��p`as; Q
1981
29 1 GG O
gigsip.kt
*q,
i,, .-.
L
f
abbot collecting all City property and putting it on the market and theh
taking the proceeds there frott and Using its (2) I have some real real real
problems with taking that piece of property which is located in a resident-
ial area and doing other than - now, the reason you could have dope that
with the fire station is the fire station is government, it's our's and the
only way you are going to get protection for those people in that area is
you have to put a fire station. You know the arguement around here is to put
a fire station everywhere but in mine. So what you did is you literally
made that piece of property government owned which excluded it from the
criticisms of the people in the neighborhood. I think before you agree to
give those people that property you ought to go to the people in the neigh-
borhood and let them know that I don't buy, I don't buy whole-heartedly
what is said about the church and parking because there is another item in
zoning that is going to come up that is going to haunt us later on to build
a church on 2nd Avenue, and I want to call to the attention of this Commis-
sion my experience is you aren't helping churches when you let them build
up to the property line because sooner or later it comes back to haunt them
just as it does us. And there is another problem. out in the Allapattah
area, do you remember that fight we had here where the Fire Department
wanted to use th old fire station for some services to the peopleoft
hat City? Do you remember thatthis
? And somewhere later on in this agenda
--owhat Rimilar and like. So I
W
Mr. Plummer: Fire Station No. 9.
Father Gibson: Number 9. Do you know what you told them? Listen to
this. I want to remind us, who are going to be voting soon. You said
to them, we're going to make a study of all of the. City unused, or
unoccupied pieces of property. And after we would have made that study,
we will make a decision. My bretheren, I have no light to guide my
future but the light of the past. I must trust my Commissioners, my
fellow Commissioners to do what they do with deliberate speed, yes. And
that doesn't mean very much in this ,'.ountry a nv more. It all depends on
who wants the speed. Fiat it also Savo that you can't tell them you're
going to make a ,study, and then in this instance don't. r,-:ake. , stud;. AnJ
I want you to know the people who are. involved are my friends. One
m
especially is a friend of wine, and I'm not spcariing .against the ;-reject.
I just want you to be doing; it consistently and I say ::gain as I hush,
shut my mouths, my brethereIl, J-4.7 y7ll move your hail&, eVCnII,I around here
and smoctllly, when other people come all vOLI have to do is to remind them
that when John came tliti is the way we did it and what we did. But if
you don't do than, tl,e people then are koing to accuse you of what I have
accused this country of all my life, and that is you enforce. the rule
based on who is in force.
Mr. Plummer: Mr. Mayor, 1'd like to ask a question. Mr. Mayor?
Mayor Ferre: Go ahead.
Mr. Plummer: You made mention prior that they were not asking for
subsidy. Mr. ";n,,or, that is City owned property, and if we were to
lease it out, I'L, sure a fair return would be 10, and maybe more. But
10% would be about $30,000 a year that 1 look at as subsidy. I would
like to ask the question, you read a letter from David 1,'ollard, who is
the head of the Arts and Cultural Committee of Metropolitan Dade County
which, Mr. Mayor, as you are aware-, :,vve S1,000,000 a year approximately
from the bed tax. Hai any request been made of that committee to
financially sponsor ti:is makeup of 50% of this City? $1,000,000 a year,
and as I recall the budget of that particular committee, I don't think
any of it could be directly related to the Latin, or Hispanic portion
of this conr:lunity. As a matter of f._,t:t, about 80 of that budget is
presently going to one festival, one. festival. About 80;1 of that budget.
Now, has any request been made of that council to help Defray the cost
since they have $1,000,000 a year to disburse? I think this is part
of the thing, Mr. Mayor, that this needs to be deferred for until a
public hearing on the llth.
Mayor Ferre: 1 understand, and 1 will try to cover that in the motion,
and 1--t me amend then my motion that 1 made. l.et me do it this way:
I move that the City of Miami declare, in principle, its intention to
assist the Cuban Museum of Art and Culture by rasing the fire station
on 12th Avenue in front of Saint Peter and Paul; provided however,
that before this is finalized, that a full report on the surplus
properties, fire station properties that the City of ^:imi be made.
Secondly, that a request to the Dade County Council of Arts and
Sciences be, made to pay a rent to the City of Miami of up to 10% of the
appraised value of the property. But that that is something that the
City Commission will or will not waive- or consider at a future date.
And thirdly, that it �;o through L,ii of the legal requirements, such
as the Zoning Board, do that this property can be properly earmarked for
this type of public usc', all,! that <:t that zoning, nearing, that it come
up before the Commission reg,:,rdless of wt-,at the Zoning Board decides.
And that c oiii,cide[ tai with the: itei:i coming up before the CoffS;lssion
after the Zoning; board has .ielib�rat�d, that it be simultaneous with
a public hearing; so that the neighbors will have the opportunity to
express their opinion at that time. I would hope that the way I couched
the motion we have covered all of the different items, and this is just
Ahd thd 1 �
unit ate toneiusiott after all these thirkgs have beep dote F
Mr, Gatollo: Second the motion, Mr. Mayor.
MAj�or Ferte: Well, Lacasa had previously seconded the t�btiony so
1
care which one of you seconds it... ;
Mt. Carollo: It's a third vote then. There's a majority there, `
Mr. Lacasa: I keep seconding the motion, Mr. Mayor, in the WAY thgt;Yd "
amended it.
} 5 xR
Mayor Ferre: All right.
} f
p n
Mr, Plummer: Under discussion, Mr. Mayor.
Father Gibson: Yes, sir.
Mr. Plummer: Mr. Vice -Mayor, unfortunately, I will have to vote against
the motion. I think it is putting the cart before the horse. I think
the public hearing should be held first, Had the Mayor, or had the
maker of the motion made a motion to support the Cuban Museum, the City
support that museum, I would vote affirmatively. Had the motion said
that after a public hearing that this be done, I would have voted
affirmatively. That the City supported, and maybe if not that facility,
some other facility. I would support. but, designating that without a
public hearing, recognizing the history of that particular locale,
and I did not even bring up the 6 or 8 months ago in which there was
a rumor circulated in that neighborhood that it was going to be used for
a half -way house, you might recall the tremendous heat that that generated.
I don't want to preclude having the people of that neighborhood say
that we didn't give them the opportunity to speak to it before it gets
that far down the line. I would like to support this institution, I
would like to support them in a City facility, but not necessarily that
one. And since the maker of the motion speaks to that facility, that is
why I will have to vote in the negative.
Father Gibson: All
I'll say mine when
call the roll.
The following motion was introduced by Mayor Ferre, who moved
adoption:
right, any other discussion? Let's
you call my name.
MOTION NO. 81-465
V DECLARING IN PRINCIPLE THE CITY COAL*1ISSION'S
3N TO ASSIST THE CUBAN MUSEUM OF ARTS AND
INC. BY LEASING TO THEM THE FIRE STATION SITE
AT 12th AVENUE AND 13TH STREET, PROVIDED,
THAT BEFORE A FINAL DECISION HAS BEEN MADE
Y SUPPORT THIS PROJECT, THE FC-11OWING SHALL HAVE
COMPLISHED:
THAT A FULL REPORT BE MADE AND PRESENTED TO THE
CITY COMMISSION AS TO ALL OTHER SURPLUS PROPERTIES
OWNED BY THE CITY OF MIAMI;
THAT THE CITY ADMINISTRATION SOLICIT FROM THE
METROPOLITAN DADE COUNTY OF ARTS AND SCIENCES
THAT THEY ALSO BECOME A SPONSOR OF THIS PROJECT
AND THAT THEY PAY RENT TO THE CITY OF MIAMI
OF UP TO TEN PERCENT (10%) OF THE APPRAISED
VALUE OF THE PROPERTY, AND THAT SUCH BE TAKEN
INTO CONSIDERATION BY THE CITY ADMINISTRATION
AS A POSSIBLE AVENUE AT A FUTURE DATE;
THAT THE CITY ADMINISTRATION GO THROUGH ALL THE
LEGAL AND REQUIRED STEPS AND REQUIREMENTS
IN ORDER THAT THE ABOVE -MENTIONED SITE MAY
EE PROPERLY REZONED FOR THIS USE; AND
(CONTINUED ON NEXT PAC-
32
r ^�
7
ZONING BOARD
REQUESTING V THE
EY CONSIDER THE ISSUE OF THE POSSIBLE
- s, BONING OF THIS FIRE STATION SITE, AND THAT Yea
THEIR 'FINAL RECOMMENDATIONS BE MADE KNOWN TO
THE CITY COMMISSION, SUCH ZONING BOARD'S'
,
RECOMMENDATIONS TO BE CONSIDERED AT A PUBLIC
FEARING WHICH IS TO BE PROPERLY ADVERTISED
AND HELD ON THIS ISSUE PREVIOUS TO ANY FINAL ,
DECISION SO THAT ALL THE NEIGHBORS MAY BE ABLE -
Tp EXPRESS THEIR OPINION AT THAT TIME
y
the motion was p�►sss
.�$ being seconded by Commissioner Lacasa,
`a$apted by the following vote: Fr
3x�a
ACES:
Commissioner Joe Carollor,.
Commissioner Armando Lacasa
Mayor Maurice A. Ferre ,
Ih
NOES:
Commissioner J. L. Plummer, Jrt
Vice -Mayor (Rev.) Theodore R, Gi�isotl t, 1 x
Ip�+
IT "
ABSENT:
�ryt���as
None
ON ROLL
CALL:
Mr. Plummer: is for reasons stated, I have to 'vote,'unfortunatelY,`
in the negative.
Father Gibson: I am for the support omuseum.
eventsam That's unalterably
like
opposed to the method and the sequentaf order
form this
putting the cart before the horse. I have
likeehaving a gun
seat where I sit before, that I don't p
put to my head. And I think that when you already give, and then you're
__4_e rn ask for the zoning, there is no... the people are noe.,Aefnry
^1. DISC-;S SI0;1 Or CO;TLTCTTNG STATEITNITS GIVEN IN CONNECTION t.IT11
Cn,E-lissTONER CAROLLJ' S BACKGROUND CUECK FOR APPOINTITIvIT AS A.
SPLCI1%J, P01,10E hFFICER.
Mayor Ferre: We're now on item 13. I'd like to see if I can
reconstruct, as I understand, the issue before us. And I'm sure there
will be other and peripheral side issues, but the main issue, as you
may recall, Mr. Gary, was that there was an inconsistency in the
sworn statement made by 2 individuals. One of them, as I recall, was
Lt. Reynolds.
Mr. Gary: Sergeant Reynolds.
Mayor Ferre: ...Sergeant Reynolds of the City of Miami Police Department,
in his investigative capacity. The other was a statement made by
Mr. Gisberg of the Department of State of Florida. And they were
contradictory statements. Now, the first question that really is before
the Commission is that I asked that you meet with bath of these gentlemen
and see if you could get to the bottom of this inconsistency and also
ask them both to be present in case the Commission might have some
questions on that particular item. So, Mr. Howard Gary.
Mr. Gary: Mr. Mayor, in compliance with the request of the City
Commission, I informed Mr. Gisberg and Mr. Reynolds of the wishes of
the City Commission. Mr. Reynolds, and I provided you with a response
to his letter, informed me that he could attend the 10:00 A.::. meeting,
but that his superiors recommended to him that he not meet with me
and Sergeant Reynolds. I also informed Mr. Gisberg by letter of the
meetings and your desires, and also provided him with a copy of 4`Y"
the sworn statement of Sergeant Reynolds. Likewise, I informed the s
Police Chief as well as Sergeant Reynolds of the City Commission's'
desires, and I likewise provided them with statements of Mr. Gisberg.
Now, all of the individuals who are here...
Mayor Terre: Wait, you did not meet with Reynolds but you did meet
with Gisberg is that it?
Mr. Gary: No. The other way around. �3
Mayor Ferre: I got it confused. You met with Reynolds but not vith
Gisberg. fin.
Mr. Gary: I met with Reynolds but I did not meet with Mr. Gisberg '�=1
because his superior informed him that that should not occur.
Mayor Ferre: I see.
Mr, Gary: Now, I'd also like to inform the City Commission that T have `
provided each of the City Commissioners with all the information �r
that was provided to Commissioner Carollo with regard to the background
investigation. I have also provided the City Commission with all
correspondence that I've had with other City Commissioners requestingP
information. I'd also like to inform everybody that everybody should
r
have the same information. ,
Mr, Plummer: May I ask a question? Mr. Gary.,.,
Mayor Ferre: Excuse me, J. L., just a routine thing, Howard, there are r
some es that I cannot read in what you provided me and I know
Fag y p �
it's hard to make copies, but let me tell you what I think happened,
because it happens in my office all the time, you make copies of
copies rather than copies of the original and then they becomeu.
illeg0le• But I think it's very important that we have the original x ..
o ,that if there's any,,, I've made out most of these things as I read
j
34
ist iYT i z 0 iJVl
—
tt
MY
MAy 'arre (continued): thtotigh them but I think we do need to hake
can read them if there's any question,
the originals available so that we -
Mr. Plummer: My question, Mr. Gary,
is did Mr. Gisberg, at the tifie df
the refusal to speak with you on advice of his superior, indicate the
reason his superior gave not to meet with you?
Mr. Gary: First of all, Mr. Gisberg had agreed to meet with the at
2:00 o'clock on —yesterday at 2:00 o'clock. And he later informed me
that his superior had informed him that a sworn statement had been given,
and that that should be sufficient, and that he would not attend that meeting,
but that he would show up this morning at 10:00 A.M.
Mayor Ferre: We have a sworn statement and Gisberg is here.
Mr. Gary: Yes.
{
Mr. Plummer: A further question, Mr. Gary -
Mr. Gary: Yes, sir.
k 7
Mr. Plummer: Are both of these depositions sworn?
j
Mr. Gary: To my knowledge, they are.
Mr. Plummer: Well, I can make it out on Sergeant Reynolds that he was _
duly sworn whatever that little phrase is? Is it the same
on
Mr. Gisberg? -
Mr. Gary: I cannot respond to that because that occurred prior to...
Mayor Ferre: Well, I lnk we here? can
4,'ouldayou}'bethat
willingvery
underoathquickly.
to
Mr. Gisberg, is that you
swear that the statements that you made, the statement that you made
to Mr. Rob Parkins is —what's the legal format, George?
ate
Mr. Knox: He would just have to authentic
everdatesthosestatementswere
uthchesch
were made to Mr. Rob Parkins, on
made, were accurate.
but let's do it this way. Does anybody.
Mayor Ferre: I'm not a lawyer,
have a copy of his statement in hand?
+ 33 ii
Mr. Plummer: Was it a sworn statement? Yes, okay.
Mayor Ferre: It was a sworn statement,
Father Gibson: Turn on the mike. ���
s'
a �
Mayor Ferre: Do you stipulate here, Mr. Gisberg that that was ,
a'sworn statement and you made the statement under oath,t5',
i ire
Mr. Gisberg: Yes, sir. hYYtt,k
r
Mayor Ferre: And the same of Sergeant Reynolds, Is that Corieot,``
Mr. Gary: Yes, sir.
( r
1i FJiFS C�F �.
Mayor Ferre: Is Sergeant Reynolds here?
Mr, Gary: Yes, he is.
Mr, Plummer: Mr. Mayor, the point I was trying to make is this; s �
think that the terminology which you have used at the last meeting
was a little stronger than"conflicting statements'. I am only
concerned, Mr. Mayor, that if both of these statements are sworn and
there is a 180 degree position, as you have analyzed, Mr. Mayor, this
borders on perjury. Now, this City Commission is not a Grand
,nary, Perjury, if proven, is a criminal offense. What I want to
35 MAY 2 8 1981
w
mrt plutaer (tdtitinued): say is that 1 hope that this
does not try to set itself up as a stand Jury,
Mayor Ferre: Oh, I understand.
Mr. Plummer: My only concern is, Mr. Mayor, that if we dwell into this
subject today, that if in fact it were to go to the Grand Jury, it could
jeopardize the Grand Jury's possibility of having a fair look at this
situation.
Mayor Ferre: 1 understand the full...and I might remind you that we've
been in this same position at least a dozen times. I might remind you
of the Cook case, I might remind you of the Dixon case, I might
remind you of many many other times when the City of Miami Commission
has dealt has an investigative body, which the Charter permits us to
do. And we have to be very careful not to get into those realms that
are outside of our purview. Certainly we cannot come to a conclusion
of any kind if there is a criminal process that could be instituted
by another agency of government. However, I think what we're doing
right now is trying to verify both of these statements to unaerstana the full
impact of what they really mean; because what's at stake mere, gentlemen,
is...and as I've said before, it's not Mr. Carollo or his credibility,
even though there's another issue which I understand affects members of
the Commission which is another important, but a separate issue. What
this issue involves is basically 2 things, and that is the propriety
of an investigation on an elected member of this Commission, how
extensive it was, whether it followed the regular norms and regulations
that are acceptable to this country and to this community. Secondly,
in my opinion, is the question which we have not gotten into, but I think
we will be getting into, and that is the deployment of forces, when we
had as we had last year, 52,500 Part I crimes and we had a soar, becal
that's the only word that can be used, of Part I crimes starting in
July or August of last year and lasting throughout the latter part of
the year, for whatever reasons, and I'm not here concluding what the
reasons were. When we had that type of a problem, the question is,
in 46 days, how much effort by Sergeant Reynolds, how much of his
time was occupied? Was he the only one involved in this? And how
many people were involved in this investigation? And then the questic
of the deployment of manpower or force in the City of Miami for an
investigation, which as I understand it, for a police permit is a fail
routine type of a thing. So those are the two issues, as I see them.
Now, there is another issue which I understand you or some members of
this Commission are interested in discussing, and that's fine. That':
a separate issue. Now, those are the two issues as I see before me
at this time, and before this Commission.
Mr. Plummer: Mr. Mayor, my comments were only to the area of possibli
perjury, not to the other comments that you made.
Mayor Ferre: We can't get into that, J. L., as you said.
Mr. Plummer: Well, I hope that we will refrain from trying to set th
Commission up as a Grand Jury.
Mayor Ferre: Our purpose here is to investigate and get information
not to come to a conclusion as to who is lying and who is not lying,
or who is perjuring, and who is not perjuring. That's not within our
realm of responsibility. Now, Wally, are you up for anything in
particular on this ?,limited to this issue only.
Mr. Walter Rodak: Yes. I just wanted to address the Commission.
Iir, Mayor, City Commissioners, my name is Walter Rodak. I'm Presiden
of the F.O.P., 2300 N.W. 14th Street. As the employee representative
my only concern is that the employee's rights are -not violated,
Sergeant Remolds was ordered to do a job, he in tact oia ills 3uu • .��
want to become involved in a political process. Sergeant Reynolds is
off today, he is here with his wife. He has a previous appointment
in Port Lauderdale with a doctor, He is prepared to make a statement
and to respond to any questions that you may have, and I would
0
ist
t� {
M ,U(continued)! t�aspeotfully t6quest that he be al.lbved tb do
ao at this time.
Mayor Ferre: Okay. Wally, I want to tell you, and I'm sure that I
speak for every member of this Commission, we don't want to infringe
on anybody's either civil rights, or rights as an employee. I'm
certainly not going to start name calling or implying anything. There
is a matter that is important. I don't say...I'm not the only one
that's saying it. You know that I never agree with the Miami Herald and
the Miami News, and yet they have both editorialized that this is a
matter that must be concluded. Members of this Commission have said...
and I would hope that we can conclude this matter today. The only
intention that I have is to get whatever issues are before us and
air them, and then get on with our business.
Mr. Plummer: Mr. Mayor, excuse me. In the same vein, Mr. Mayor, which
you have just said, and I think I would almost conclude the same bottom line
that very seldom do I ever agree. If you continue on from that matter
that was editorialized by the morning paper, the final recommendation
Mr. Mayor, I would recommend here. And that was to send this matter
to the Grand Jury. If I were in Commissioner Carollo's place, Mr. Mayor,;
I would not be happy until this matter had been reviewed by an
independent body away from this Commission. I would have to look at
it in a slanted view otherwise.
Mayor Ferre: I understand that.
Mr. Plummer: I only caution, Mr. Mayor, that whatever we get involved
into here today is my concern that if this matter is to go to the
Grand Jury, and I feel appropriately so, that this Commission does not
stituted body whose right it is to do
impede the work of the regular con
that. That's my only caution, Mr. Mayor.
Mayor Ferre: I understand that and concur wholeheartedly. And
once again may I repeat, and with all due respects to Carollo, he can
take care of himself. I'm not worried about him. I'm worried about
the City of Miami and about this Commission and our deliberations.
So let's get on now. So, first of all, why don't we get Sergeant
Reynolds or Mr. Gisberg. Either one.
Mr. Rodak: Sergeant Reynolds, please.
in Fort Lauderdale. He's off today.
He has a doctors appointment
Mayor Ferre: All right, Sergeant Reynolds. Good morning,
how are you?
Sgt. Charles Reynolds:
Reverend.
Sergeant,
Good morning Mr. Mayor, Commissioners,
Mayor Ferre: Sergeant, I have a statement which is a 3 page statement
and as I recall, it is...there is a memorandum dated April 24th...
I beg your pardon. There is a statement dated the 29th of April, 1981
at 1606 hours, where Sergeant C. L. Reynolds and a stenographer,
notary republic, Mary C. Loral, were present and Internal Security,
and it's a 3 page statement. Is that the statement that was basically
rnkPn by vou? The one we got in the packet from the Manager?
Sergeant Reynolds: That appears to be the form of
that I did give on that ocassion. I think I can
if I might be permitted...
Mayor Ferre: Please,
Sergeant Reynolds: ...to proceed into this and speak specifically
to the issues that you've talked about. As you know, I'm here at
the request of the City Manager and Chief of Police to assist in
clarifying some specific areas with regard to Mr. Carollo's background
check for appointment as a special police officer of the City
of Miami, First of all, I should like to state that between investigative
agencies, police departments, state agencies, etc., the exchange of
MAY 6281981
37
Sitksant Reynolds (cohtinusd):information is a foutino_ grid bode§§Ary
thing in the conduct of any investigation, 'There was some question as
to whether it was I who spoke With fir. Gisberg. it was indeed 1. I
phoned him, I had asked for another gentleman of his office who was on
Vacation at the time, but I was put in touch with ;ir, Gisberg, and we
did have a telephone conversation. At the time of my statement to
Internal Security which you've just drawn our attention to, that was
given one afternoon on very short notice. At the time, the investigative
file -copies of which you all have been given was not in my possession.
I
had no opportunity, therefore, to review my notes prior to giving that
statement. I am aware, as all of you are, that there has been a lot
of media attention to this matter, and indeed, there were some pressures
from that source, that I felt specifically at the time that I was
called to Internal Security. I might add, that in my going on 13 years
with the Polio.e Department, I've never been called upon to give a
statement in Internal Security prior to this time. With that in mind,
and having subsequently had the opportunity to read "ir. Gisberg's
statement, I'd like to add that I did state to him that should his
agency in the future desire to conduct an investigation for the
purpose of licensing under state law, that he may want to include
rU
employment records of Dade County PSD, Florida International University P hu
and the Wackenhut Corporation. Additionally, I'd like to state
-unequivocally that no unusual investigative steps were taken with
"regard to this investigation. And I, of course, have no personal,
interest in the politics of the matter.. I've never met Mr. Carollo,
and the investigation I conducted was strictly within the scope of^"fix
my duties. I routinely conducted this investigation as I have many,
similar ones. I'll be happy to answer any questions. r �Y ,.
,F
Mayor Ferre: Well, you have read Mr. Gisberg's statement?
Sgt. Reynolds: Yes, sir.
Mayon Ferre: Mr. Gisberg, in page 4 in the answer after ... I'll read
r
the question and then the answer. It says, subsequently, was there.
another occasion where Commissioner Carollo's name came up to your
attention? Yes, I was the duty officer", is the answers. "I believe
.it was on Tuesday the time frame that I had described to you before.
;a..
I received in a telephone call, was forwarded to our office, Miami,.
it was from a City of Miami police officer who had indicated that he
had received information from one of our investigators that
Commissicner Carollo was under investigation by our department. At
that point I informed the police officer that was not the case,
that Carollo was not currently under investigation by the department.'
It further goes on in page 5, and the following question is asked,
,.
"What, if anything, did he say regarding the activity as it related
;
to Commissioner Carollo?" Referring to the police officer. knswer:
"He indicated to me that he was in the process of performing a
background investigation on Commissioner Carollo based upon a request
from Commissioner Carollo to be allowed to carry a concealed weapon
within the City of Miami limits. He indicated that during the
course of that investigation he had come upon certain information
=
that he felt might be of value to our department were we at some
future date to conduct a background investigation on Mr. Carollo".
i
Which is what you've just confirmed.�4
Mr. Reynolds: Yes, sir.
..
Mayor Ferre: Next question. "Did he categorize this information
or describe it in any way?" Answer: "He indicated to me that this
information was of a derogatory nature, that it was information that
was received from 2 former employees of Mr. Carollo, primarily
Wackenhut Corporation and the Public Safety Department." Then it
a{{
goes on, "To clarify the record, do you indicate...you just indicated
}+
former employees, did you mean..." Answer: "That is correct,
employers of Mr. Carollo". "
Question: Did he indicate to you ;if
,
he had formed any opinion regarding Commissioner Carollo?" Answer;
4
let's see"... the police officer indicated to me that this information
was of such a significant nature and would probably be a contributing
factor in any decision that we might reach in any further licensing
i
ff
yy��
any
if t ,.
r
eYte (continued)! investigation that we tight WfOm On
l
mayor
Mr. Carollo," Question: 'Did he give you anindication of the,
information?
will use the word"flavor",that he would apply to that
definitely reflect on Mr
Cwasllo
Answer: "He said that it would
of the job performance during the period ofoorlv time
in terns
employed by Wackenhut and the Public Safety Department." Then the
"Had during the course
last question that I want to point out was: you
this type of information on your own"
of this investigation solicited
the question. Answer: "Nw", says Mr.Gisberg.. "In fact, I was
was
very careful to point out to this police officer that we were not
not be
currently investigating Mr. Carollo, and as such, we would
the time." Now, my questions
interested in this information at present
Mr,3isberQ1s deposition, to you Sergeant Reynolds
after having read
is, first of all, Gisberg says that the information was of a derogatory
in
nature." Secondly, that there ....it was of "a significant nature.'
of a significant nature, that it
other words, the information was such
factor to whether or not he could get
would probably be a contributing
licensing. And thirdly, that it"reflected poorly on Mr. Carollo':
future ements. One,"derogatory,"
So my questions are based now on those 3 stat
it d e�ir.
two, of such a significant nature that
Carollo'.' �� Did you
"it poorly on
licensing", and three, that reflected
that in your opinion wered did you tell
make any statments
egrentory,licensing orr
antrto
that it would be a signific
Mr.Gisberg
that it would reflect poorly on Mr. Carollo's record?
hat statemet
Sgt. Reynolds: Sir, with all due rpindicatedltothim,�;,eaninQnirinGisberg'
the portions that you read, the wods
it is my duty to
opinion, and so forth, are used. As an investigator,
I can determine in relaying
reflect only those objective facts which
information to another investigator ,
A l
Mayor Ferre: Even if not requested?
1 v`:
Sgt. Reynolds: Well, this is not unusual, sir. I mean, to imply
that it is would be sort of.
Mayor Ferre: words, it's not unusual
Okay. I understand. In other
significant
for you to voluntarily say, and by the way, we have some
Carollo apply for any further licensing
information that should
really get in touch with us because it would definitely reflect
you should
poorly on Mr. Carollo. And that's —did you make a statement in that
general vein?
Sgt. Reynolds: Let me go into that just a second, sir. You said
what I was saying.
that he should get in touch with us. That's not
third agency rule applies here which means
We had no information, a
another agency information as if it were gospel if
it were ni
that we can't give
indeed investigated by our agency. So this is why, in fact, I did not
Opinion has
"see us" I have no information for them in this case.
say
no place within this investigation.
Mayor Ferre: In other words, you did not express an opinion? Or you,".
did express an opinion, but that's just a personal thing?
u`
Sgt. Reynolds: Between investigators this is often the case.
Mayor Ferre: Okay. In other words, that was an opinion you were
't= ax,,
expressing.
Sgt. Reynolds: I would like to reiterate with regard to the word,
derogatory. The way the statement is phrased, and the way Mr. Giaberg s`
between
answered it, there is no difference. There is no conflict
I that the information;.,
our statements. What it says is, as recall,
contained in those files maybe of a derogatory nature.
a R �
Mayor Ferre: In other words, that was an opinion that you were
+ x
,
volunteering to Mr.Gisberg as another government employee?
Sgt,geynolds: I did not reveal the contents of those files to him. And
of
any opinion with regard to their content would have been as a result
39 MAY 2 81981
i c t
z
�r
aeynolcls (continued): his parceptien of the inftiatidn that l
wat trying to give him at that tithet was givittig hits what we call an
investigative lead. Nothing more.
Mayor Ferre: Well now, that then brings us to the question during
that investigative lead, when you gave him this investigative lead that
there might be something that would be significant and so on, that you,
since I've seen... as I understand it, the complete files, you're talking
about the investigations that you had made at both Wackenhut and at the -
Public Safety Department.
Sgt. Reynolds: There is some confusion with regard to that, sir.
Public Safety Department is the phrase that both Dade County and
Florida international University use with regard to their police agency.
Now, it's not clear in the statement taken by Mr. Parkins to which
agency they were referring.
Mayor Ferre: The problem then that I have,at this juncture, with that
is that we have a statement somewhere in here from Florida International
University and ...dated April the 8th to Mr. Carollo, from Steve
Belcher, the Acting Assistant Director of Personnel Relations. We also
have a verbal statement that evidently was made, and I'm sure we cou12
if this thing continues, we would have to get in in writing, from
Wackenhut. And my problem is that during this investigation, they seen
to give him a rather good report. The question came up that rather
than calling the Personnel Offices, and as I recall and it was
Chief Breslow who made this statemt he said, well, that it was
common practice not always to call personnel offices because personne:
offices did not always give you the straight line, so that there was
a contact within those agencies that sometimes you would make those
contacts and pursue it that way. My question specifically then, sinc(
you were investigating this matter is did you at any time call the
head of personnel or the personnel office of either FIU or Wackenhut
in your pursuit of this information?
Mr. Reynolds: No, I did not. And the statement which Chief Breslow
gave you is accurate.
Mayor Ferre: In other words, you called individuals that you knew.
Sgt. Reynolds: Individuals who were first line supervisors, you migh
say. Persons who had been directly involved with the work habits and
patterns of the individual in question.
Mayor Ferre: Is there anywhere in the record, their responses that
was derogatory in nature, because I have not found any letter, or any
written statement anywhere in these files other than the scribbled
notes where there are derogatory statements, or that there are
negative statements about Commissioner Carollo by his previous 2
employers.
Sgt. Reynolds: I
handwritten notes
in person and one
apologize for my handwriting, but those were my
at the conclusion of those two conversations, one
telephonically. They were not reduced to writing...
Mayor Ferre: And we have not subsequently...
Sgt. Reynolds: ...in a formal sense.
Mayor Ferre:...We have not gotten those in writing since.
Sgt. Reynolds: No, sir.
Mayor Ferre: So these are just statements that were made to you,
Sgt. Reynolds: And I'd like to add that the investigation is not coml
Other investigative avenues, probably including the personnel office]
would have been directed by my superiors had this investigation come
to,...even a pause., as it were, if I had submitted that type informal
to my superiors.
Mayor Ferre: Now let me ask you with regards to the 46 days that
ir Cook toI. know it Was not concluded, but how much of your time
40
1 s t
i ",` t P
Mayor Porte (continued) did you 90et►d dutiftg those 46 days of th
nvastigation?
Sgt, Reynolds: I would state that probably no tore than $ to lb Irian hoUYs`
of,My own were involved in this.
Mayor Ferre: Total? Y'
tk j
Sgt. Reynolds: Yes, sir.
Mayor Ferre: Okay. Were you the only person involved in this
investigation?
Sgt. Reynolds: No, there were others on the periphery whom I asked to
do interviews and check records, etc.
Mayor Ferre: See, because in your statement on page 2, you say
precisely that." There were others who assisted me with that background.'
And yet, in 2 statements signed, one by Chief Harms, the other one by
Breslow, but dictated by Harms, one was dated May the 12th, the other
is April 30th. It says, and this is dictated by KIH and typed by BS
whom I assume is Chief Harms, signed by Breslow. It says: "With the
exception of or:.i instance in which a computer check regarding gun
ownership was made by another officer, only one individual conducted
this background investigation." The May 12th memorandum states something
similar to that effect. Now, so I just wanted to understand in my mind
that there was more than one person involved in the investigation.
Sgt. Reynolds: Yes, sir, there was and I can't, of course, address
that memorandum. I have no direct knowledge of it.
Mayor Ferre: How many people were involved in the investigation?....,h x�
51,
bF rF `p t
Sgt. Reynolds: If you'll give me just a second. c g'
Mayor Ferre: Can you name them, the people? Exl
r
Sgt. Reynolds: Three individuals that I can recall ;specificallyy` ,`
Mayor Ferre: Who were they?
i,
Sgt. Reynolds: One was investigator Alex Gonzalez b
Mayor Ferre: Gonzalez.
�j
Sgt. Reynolds: Investigator Richard Brooks
y p4
�
Mayor Ferre: Brooks.
Sgt. Reynolds: And crime analyst Madilyn Jacobi, riaw Zacardi, who xx�z
re�
no longer works for the City.
1
Mayor Ferre: Were there any other people involved? �y
Sgt. Reynolds: Not that I can recall, but if I looked at the notes, :
I could be more specific.
Tr
Mayor Ferre: What, in your estimate, were there ... how much time did
they spend in the investigation? xr
,�.:.
Sgt. Reynolds: In the instance of investigator Gonzalez, he speAt kp��
the
most time. He contacted the personal references
Mayor Ferre: Is that Mike Gonzalez?1
Sgt. Reynolds: No. Alex, Alejandro. He contacted the personal
references and wrote a handwritten report which is part of that file; JY
the handwriting other than my own, I would estimate that he used
approximately 6 man hours total.
41
ist
MAY 2 8 41981
Mayor Verre: How about Brooks?
Sgt. Reynolds: Brooks was not so long in duration,in duration, maximum an hour
and a hal.f. He checked gun registrations, as I recall.
Mayor Ferre: And Jacobi?
Sgt. Reynolds: And her involvement also was, approximately,an hour to
an hour and a half.
Mayor Ferre: Okay. So in othere words, we can conclude out of this
that the total investigation even though it took 46 days did not take up
any more than about 20 man hours of police officers work?
Sgt. Reynolds: That's correct, sir, assuming your math is right.
Mr. Plummer: I count 14.
Mayor Ferre: 10 and 6 and 1-1/2 and 1-1/2.
Mayor Ferre: Did you not say 8?
Mayor Ferre: He said 10.
Sgt. Reynolds: 8 to 10 is what I said.
Mr. Plummer: All right, 10 and 3 is 13...
Mayor Ferre: No, 6 for Gonzalez, 1-1/2 for Brooks, and 1-1/2 for Jacobi.
Mr. Plummer: I stand corrected.
Mayor Ferre: And I said under 20 you know.
Mr. Lacasa: About 16 or 17.
Mayor Ferre: 16 to 17 man hours of police work. So it isn't this
thing that it took 46 days. It didn't take 46 days of work.
Sgt. Reynolda: No, sir. And there was no specific pressure on this
investigation, and things were done in a routine manner. We had
requested certain records which never became available to us, and that's
why it took so long.
Mayor Ferre: Okay. I don't think I have any other questions
personally at this time, Sergeant Reynolds. Let's see if any other
members of the Commission have any questions?
Mr. Carollo: I don't think it would be appropriate for me. Mr. Mayor,
to make any questions.
Mayor Ferre: Okay. Could you stick around for a few minutes more to
see if there's anything that comes up after Mr.,isberg ..? All right.
Mr. Gisbert, could we ask you to step forward? Mr. Gisberg, as I
understand it, this statement that you made which.. present:
Robert W. Parkins, Conrad G. Koler, and Seymour Kosky, on April 14th,
11:05, have you seen this?
Mr. Gisberg: Yes, I have.
Mayor Ferrt!: Does this accurately reflect what you stated?
Mr. Gisberg: Oh,yes it does, Mr. Mayor.
Mayor Ferre: And this was a sworn statement on your part?
Mr. Gisberg: Yes, it was.
Mayor Ferre: You've now heard Sergeant Reynolds's correction, and
as I perceived what he said, is that he may have expressed some
opinions which is standard operating procedure. There's really no
42
ist
be a contributing ,duu-L ---- - -
further licensing." And then he went on to say that"it would definetly
reflect poorly on Mr. Carollo." Is that ... do you stand by those statements?
Mr. Gisberg: Yes, I do, Mr. Mayor. At the time that the statement
was given, and at the time that the conversation took place -I did know
if it was Mr. Reynolds at that time.- I definitely got the impression
from the information that
einthisthat
backgroundthat
investigat�onation
contained.... that he had discovered
might be of value or might be of value to our investigation, should we
ever conduct one on Mr. Carollo.
Mayor Ferre: But you told him that you had no investigation, and that
Mr. Carollo was not applying for anything. Is that correct?
Mr. GisberQ: That is correct. We received an investigative request, or
it can be categorized as an inquiry based upon information that we
received indicating that Mr. Carollo at one point was intending in
forming a partnership with Mr. Jack Alfonso, of Sunshine Security. I
conducted that investigation and ascertained that at that point
no such move was contemplated and I informed him that should such a move be
contemplated by him, I refer to Mr. Carollo's attorney, that ;tr. Carollo
would have to register with our department. Mr. Suarez indicated that
he was aware of that.
L
t , �
Mayor Ferre: Vyho is Suarez? '
t
�,x�l M'' �S�•rb
Tit. Gisberg: Mr. Suarez is Mr. Carollo's attorney.
Mayor Ferre: Oh, okay.
Mr.Gisberg: He indicated that he would comply with that and the
investigation ended there. And that is the... and, that, at that point, was
public information. And that's what I indicated to Mr. Reynolds during
that phone conversation, that at that time we were not presently
i
investigating Mr. Carollo. (
Mayor Ferre: Well, is it ... how long have you worked with a state... rye«a£4
with the Secretary of State's Office?
r
1
t
N e
Mr. Gisberg: I've been an investigator with the Secretary of State's
Office for approximately 2 years. T
Mayor Ferre: For how many?
Mr.Gisberg: 2 years. Prior to ths. T was a probation officer with41k'
the Department pf Corrections.
Mayor Ferre: During your previous experience for the past 2 years,is 1„
it the regular course of action when you're talking to T+,
another agency that ..... when they ask you are you investigating so,
and so and you say"no;'and that the discussion then goes on and
information is proffered of this nature, when they say, well if you
ever have an... if he ever applies for a corporate or license be sure
to call us up because we've got some information that will impact n
Qn that." Is that standard?
Mr, Gisberg: Mr. Mayor, we're not a law enforcement agency, and as sueh�.-J
we have to adhere very strictly to the Sunshine Law of the State of
orida and Public Records Law. We have to be very careful with the type n„
of information that We give out and that we receive in order that we
might not give the impression that we formed an opinion prior to r a
the investigation being conducted. If we were to conduct an
yestigation of Mr. Carollo, l certainly would have contacted
MAY 2 81r'1
43
ist
to contact us because we've got some information".
Mr.Gisberg I would say that no, that's not usually the case.
Mayor Ferre: Did either Sergeant Reynolds or anybody in the City of -Miami
call you subsequent to that conversation that you had in November'
Mr. Gisberg: I was contacted by Mr. Parkins.
ti ! Etta $wJ L
Mayor Ferre: Mister who?�a��'+
+x
Mr. Gisberg: Rob Parkins, City Manager's Office.
F tl r'M., 'm, t.
Mayor Ferre: Rob Parkins.
And he indicated to me that he had
received information
Mr. Gisberg:
that I had been contacted by a City of Miami
information and would I, come to speak to them.
And at that point
Mayor Ferre: And the result of that was this sworn statement ofYtl
Ralph Thomas Gispert?
Mr. Gisberg: That sworn statement occurred after
that meeting and
after that meeting Mr. Parkins asked me if I was
willing to take a
sworn statement as to the information that I gave
him, and I said that
I would. '
Mayor Ferre: Other than those meetings with Parkins and that
conversation with Reynolds, were there any other conversations with
any other members of the City administration, police or otherwise.
Mr.Gisberg: No, there weren't.
Mayor Ferre: Sergeant Reynolds, I only have one last question which
I have to ask you that I have here. The conversation according to the
notes that I have were in November. The conversation that the notes
that you have written here, as I read them, and I read specifically
from your note that says, "On November 17th, the Office of the
Secretary of State", blah, blab blab..."was called and with the
below individuals with negative results." Dated November 17th. Okay?
Now, subsequent to that, on December the llth, you pulled a, or somebody
in the departmentlon December the llth, 1980, pulled the computer T!
printout on Sunshine Security. Was that you?
tti�Y
ne by Crime Analyst Jacobi, that
Sgt. Reynolds: No,that was doI,
mentioned before.{
Mayor Ferre: And since you had already talked to the Secretary of
art
State's Office...
t;
fw.
Sgt. Reynolds: Pardon me, sir, didn't you say that I spoke with him
t '�6
on the 17th and that stated the llth? s
Mayor Ferre: Yeah, but that was the 17th of November, and this is then.
11th of December. '
f{
M2
Sgt. Reynolds: Okay.
a
Mayor Ferre; uestion is why after having talked to the
So my q
secretary's Office, and the secretary having said the man is not
,making an application, would a printout'be punched out"3 weeks-14teO
$St. Reynolds; That's very simple, six. There's separate divisions.
44
is
j.j,Av 2 8 19 81
Mayor Ferre: Mr. Alfonso, I'll give you the opportunity after I've
given the opportunity to members. of the Commission to ask questions
of Mr. Gisberg, and then you can make any statement that you want.
The last question, Sergeant Reynolds, that I have that I've written down
here, and I've tried, in these notes it's very difficult to tell. There's
a note up here in the corner which having looked at another copy, itsays
"J.C. expects to be turned down . We'll let it lie. Has been told it is
illegal and a conflict of interest. Now, I don't know because there's
several handwritings on these papers, but this looks like your handwriting
in the other one. Do you remember writing that note?
Sgt. Reynolds: Yes, sir.
Mayor Ferre: Now, do you know who told..:J.C. I assume is Joe Carollo,`
that his request was illegal and a conflict of interest?
Sgt. Reynolds: The information contained on that note was relayed
to me from an officer in another agency.<3 {,
Mayor Ferre: In another agency.
},
S s
Sgt. Reynolds: Yes. �tk
Mayor Ferre: Other than the City of Miami?11111 E
a�f k E 4i W��p✓F �r
.41
x j �r w,�
rN"'
Sgt. Reynolds: Yes, sir. ;
Mayor Ferre: Is it appropriate to ask you whothat individual was;
n
and what agency that was?
Sgt. Reynolds: It was the Department of Public Safety, ,Dade County,
and the Officer was Jack Kurt.
tk a
Mayor Ferre: Jack who?.
F
Sgt. Reynolds: Kurt. �W
Mayor Ferre: Kurt. So, when you wrote expects to be turned down,
Well let it lie. Has been told it is illegal -conflict" �ir was a ;,u7,'
Metro Officer who had told Carollo that?
Sgt. Reynolds: No, this was told to me. t.
Mayor Ferre: It was told to you?�
4 -0 A � .'I�fipiui E
Sgt. Reynolds: Yes. And that this was.,,
Mayor Ferre: Well, why would it be a conflict of interest?
Sgt, Reynolds: I'm not aware of the whole ramifications of what they
were saying at that time. What he was implying was that it may indeed
e a conflict of interest for one to be appointed as a special police
gffi.cer in the City of Miami while serving on the Commission;,
pr Ferre: While serving on the Commission.
M
ist
NJ,hl' 2 8 19 81
t
ht's Aaytioldst NOV, 'that Ways teat a legal c6ticluai6 t by ahyotle but
%fidi:y a statement, an opinidit ae a Matter of faot, from ati6ther c5ffieer
in another agency.
Mayor Ferre: I have no further questions. Does anybody else have a
question at this point? Mr. Carollo?
Mr. Carollo: Mr. Mayor, as I stated before, I think it wouldn't be
appropriate for me to ask any questions of Mr. Reynolds. I would like'
to state for the record, however, that the 2 individuals that were
contacted both at Wakenhut and at Florida International University have
stated, in fact, I have a letter from one of them, that they did not
give any information such as the ones that are in the notes, to Mr.
Reynolds or the Miami Police Department. Furthermore, the individual
from Wackenhut stated that he was told that I was going to be opening
up a security firm and that's why I needed the gun permit for, for the
security firm. Furthermore, there was reference made that they
contacted previous, supervisors. The individual that was contacted
at Florida International University was not one of my supervisors there.
And the individual that was contacted at Wackenhut was only a
supervisor of mine for about a week or so.
Mayor Ferre: All right, Mr. Alfonso. Since your name and firm was
mentioned, I'll let you briefly make a statment, then I've got a few
questions of the Chief, and then I'm all through.
Mr. Jack Alfonso: Mr. Mayor, my name is Jack Alfonso, for the record.
My office is at 7501 S.W. 8th Strraet Mr. Mayor, for any professional
"investigator if are investigating someone, and you want the background
of that particular individual, this time Mr. Joe Carollo, and is available
to them at the corporation of the State, by name, if the investigation
was on Joe Carollo you can say if Yr. Joe Carollo has or was any part of any
Corporation in the State of Florida. That's enough and that information in
available to them. Then don't have to go through Sunshine Security. They
have no reason whatsoever to (unintelligible) through the computer.
Moreover, they asked the Investigator from the Department of State,
how I conduct my business with then and how was my relation with them.
_ That has nothing to do with (unintelligible). And I resent that, and
Ihope that you be aware of this.
f
f
Mayor Ferre: Sergeant Reynolds, then may I ask you one more because]
this brings up the subject as to the extent of the investigation. In %°E•
addition to that, I see that the property holdings of Mr. Carollo's
father and his brother-in-law, Mr. Chesnut were also looked into.
What relationship do any of these things have with Mr. Carollo's
application for a gun permit?
Sgt. Reynolds: The basic document from which the investigation stems,
is the statement, the application made by the applicant. It is our ;3
function to verify information appearing ' on the application. The
records which were checked were public records of Dade County, Flori ^ a
concerning ownership of land and taxes, solely done, and it would not
have been done had they been able to be verified more simply in the
$resser's Cross Index. This is a tool which we use regularly within
LY ��
our office to confirm an individuals address. Now you... kuF
Mayor Ferre: But why would Mr. .. , .
4
Sit. Reynolds: ...you mentioned, sir,..
( r #
;Mayor Ferre; ..,Chesnut's taxes,,,
Chesnut's addressI'm not aware that tht'thorn.
�$�, Reynolds: ... , aas
Mr. Carollo: Mr, Mayor, I'd like to make a correction to the statement
you :wade. The property holdings that were put down were property
that belongs to my parents, and property that was previously by myself,,
a�
Where my brother -in-laws name appears is in reference to checking `r
bim put if he had any corporations or apparently was in business with me.
.16
4rt� y�.tnnf
1
Mray t Ferre: We11, Stith tegatds to the, . ,l still do tot uhdetat d
—
what your tax...what is father days in taxes, what does that have to
with a gun permit?
Sgt. Reynolds: Absolutely nothing. The sole purpose for checking those
records, as I reiterate, is simply to verify the addresses as shown
on the application. The individual who made that check for me, and once
again, I have to keep mentioning Ms. Jacobi, but she routinely does
research public records for other investigations. And I asked her to
check these addresses and she did them in a manner which may have been
conducive to a different type investigation. You will note, that in my
memorandum to the Chief of Police at the conclusion of my portion of
this investigation dated, I believe December 16th, that there is
no mention of those properties, or the values of them and so forth.
During an investigation, it's routine to develop a lot more information
than is needed or necessary, and that information is routinely set aside
and disposed of at the conclusion of the investigation. Because this
investigation was not allowed to be concluded, there is a lot of
extreneous material there which would never appear in a :formal report
of any kind, and should no be public record and is gettin6 aired in
a public forum which is unfortunate.
Mayor Ferre: I don't have any further questions. Chief, could ask
you a few questions on this? I noticed a memorandum here from you, and
then a further memorandum from Howard Gary concurring with your
conclusion that reads as follows. Well, rather than take up the time
of the Commission, let me just say that the memorandum basically says
that you think it's...oh here it is. "On April 24th, I became aware
of correspondence and statements made by individuals which were contrary
e
to the remarks from persons initially interviewed by this department.
Based in part on this new information, the inconclusive nature of the
t
original material, and taking into consideration the totality of the data
I now have at my disposal, I conclude that the applicant Joseph Carollo
meets the necessary criteria to be issued a special officers permit.
A memorandum has been forwarded to the City Manager regarding this
=
conclusion." Howard Gary then writes a memorandum that he concurs
with your conclusion. Now, as I understand it, you come to this conclusion
based on the testimony, in part, as you say, of further information
where his previous employers agreed..
Chief Harms: Mr. Mayor, permit me, if you will, to ask you a question
or 2 about the scope of the inquiry. I'm particularly interested in
how the Commission is sitting, how they are reviewing the issue before
them at this time, and whether or not your interest represent their
interest. And then of course, I'll be more than happy to respond to
rr�Er
the questions. But I do want to get some of the ground rules down
so at least I'm aware of the diretion of the inquiry itself.r
Mayor Ferre: I have 3 or 4 questions to ask you, and I'm just going
to proceede asking and ask that you respond, please, Chief.
Chief Harms: I want to make sure that this process that we're going
through right now is perceived as being fair to the community and
bK
fair to everyone involved. The mere fact, Mr. Mayor, that Mr. Carollo
Is sitting on that side of the table creates some concerns on my behalf
that this Commission is sitting as a finder of fact to review this�5k,
Issue, and ultimately make some sort of decision, I assume, with
regard to the comments that I've made to you, Gisberg, and
Sergeant Reynolds. So I think it's important that we put those things
in perspective, Mr. Mayor, in hehalf of the community.
Mayor Ferre: Mr...Chief, let me say that as a member of this Commission,
like any member, and as the Mayor. I have under the Charter a right
}t��
to ask questions and I have a right to get responses. Now, that's
�x
something that has never, that I can remember, ever been questioned.°
Now, I have...
r�
good precedent, but I think �t�� �,
Chief Harms: I don't want to rain a a{
-
important to bring that i&Bwe out,
47
ist
May r+ 'retret
'you don't want to kairl Ed�ieb�
Chief Farms:
A good pt-ecedent. You say Y6tttv6 itattex aett iahm,
on that.
Mayor Ferte:
I never what?
Chief Harms:
You said that you have never peen questioned on your
ofg itt to ask
these sort of questions.
Mayor Ferret I don't think any Commissioner has ever been questioned
on his right to ask an employee of the City of Miami a question.
Chief Harms: Nor do I want you to misunderstand my comments. i'tn
not questioning it either, but I'm suggesting that there may be a
more appropriate forum to deal with this issue.
Mayor Ferret Like what, Chief. X
Chief Harms: The State Attorney's office, the Grand Jury, and I Cdn
think of a number of reasons in the interest of truth and the pubiidl
Mayor Ferret Chief, I've got 4 questions to ask you.
Chief Harms: Yes, sir.
Mayor Ferret Now, the first one I've already asked, and that is
that, as I understand it, in your conclusions, you concluded that witt tt
new information that you have you felt that it was appropriate to now
issue Carollo a permit to be a special officer.
Mayor Ferret Now, if your question is did I write that memo, the
answer is, yes, sir. That's a memo that had been sent and that was the;
conclusion I reached.
Mayor Ferret Okay. Now, with regards to the conclusion that you
reached, I just have a simple question on that conclusion. Is that, <
you said, based in part on new information that you had received from
Wackenhut and FIU?
Chief Harms: That's correct, yes, sir.
Mayor Ferret So in other words, if this investigation had gone beyond
the 46 days and eventually as the personnel directors were requested
this information, you probably would have come to that normal conclusion
in the course of events.
Chief Harms: There's a very strongly likehood that I would. And I
was alerted to the possibility of that information existing by Mr.
Carollo, I asked for a copy of it, was not given a copy of it. When 1
was provided a copy, then that decision was in fact made.
Mayor Ferret Chief, as a matter of procedure, do you feel that it's
appropriate for an officer of the City of Miami in their conversations
with other agencies of government in the state or in the city, or in
the community to give personal opinions questioning or saying that
if you have any further requests, if there is an application for
anything be sure to contact me because may have some information that
is important and that will reflect badly on the Commissioner if he
should...is that the type of thing that...do you concur with the...
that an officer of the City of Miami should make that kind of a
personal statement?
Chief Harms: That is a prudent investigative technique that is used
in law enforcement agencies at the Federal, at the state, at the
county and the municipal level, and yes, sir, I agree with that
procedure, 1 think it's very important that information is shared
between investigators that could impact on a future investigation
A7
4
t }
�I �' � � � F [ v t. n ir�'�•� 3 f rk �x�'� "�J x 3 , u � `�-1�3 � r t �i K � � �
I
it Harms (Continued) or future qualification
eertanly limited by nature of the requirethent itself,
Mayor Ferre: With regard to the possible conflict of interest which Was
a statement made my Metropolitan Dade County, do you feel that a
conflict of interest ....that Commissioner Carollo in requesting a pe mit
to use a gun or to have a concealed weapon within the boundaries of
the City of Miami would in any way be a conflict should he open up a
security...?
Cheif Harms: The issue of conflict of interest has nothing to do with
his position on the Commission, but it has something to do with his
intention, if an intention existed, to enter into the private security
business as was reported by the print media some months prior to the
initiation of the background investigation. And there's a ruling by
the ethics committee that deals with just that kind of conflict of
interest. It deals with jurisdictional interest, and it deals with a
conflict that could exist between a security consultant and the
information that he might receive from one of his clients, and then
as a result of that client relationship not be able to divulge to
law enforcement agencies which may have legitimate interest in those kinds
of dealings.
Mayor Ferre: Are you aware of any organizations where any member of
the Police Department may have an interest that may have that type of
a conflict?'�"
1
Chief Harms: Am I aware of any?
1-
Mayor Ferre: Yes, sir, are you aware of any.?
Chief Harms: I'm convinced they exist, I'm not really conversant
with which organizations. I realize that in the past that even within
our own organization that there were officers with interest in private
security firms. And as a result of the Ethics Commission ruling, we
have certainly attempted to identify all of those officers within our
department and advise them of the conflict and suggest they eliminate
that conflict of interest.
"ry
Mayor Ferre: At the present time, you're not aware of any such entityx,,
functioning within the City?
Chief Harms: Mr. Mayor, I'm sure that there are some but none that I can; t�
think of off -hand.
Mayor Ferre: Are you aware of a company called Police Line? ;T
GM
Chief Harms: Police Line?,
pq� "
Mayor Ferre: Police Line, Inc. Do you know who Sergeant Douglas Ricei
is?
Chief Harms: Yes, I do. I know Sergeant Rice. I'm not familiar
with the company. r,s
k
Mayor Ferre: You're not in any way aware of anything that Police Line
or Sergeant Rice....? And you're not aware of any conflicts of any sort? {' ;
Chief Harms: No, sir. But it is certainly something I'll follow up
on and I appreciate you sharing that information with me.
Mayor Ferre: I don't think I have any other questions. Any other
members of the Commission have any other questions? There's one
other thing and I'm trying to remember what the heck it was,
I have one question that's lingering...I can't —there's one other t
that I had in mind, but I'll call you up on it or write you memo
on it when it comes to mind, I don't remember at this time,
1-9
tst
MAY ' 81981
Mr. Mayas, A 'aauld likt' u
ah the other f lhbats i f th@ Urhig§i6h to`read a atAteybent ilhta the°
tad6tdo, l think it might help clatify thii§ issue,
Mayor Verre Sure. Co tight ahead. ;
Chief Harms:
"During the past several months, numerous allegations
pronounced by Commissioner Joseph Carollo have
been directed to both me and the Miami Police
Department. Recognizing that open debate between' °
public officials or ublic fi ures is too ofte"
,..
a disruptive influence in a community, I've
chosen to assume a restrained posture with the hope
that any differences between Mr. Carollo an-- :ne
'
could be resolved in a dignified and respectfulr
,iiattner. Because Mr. Carollo has -,hosen to
;4
'
`2;-.
pursue this issue in a relentless monologue of
:.
accusations, it is most appropriate that I publiclylkV
�r
clarify the details of the matter at this time.
y
'W°
z
'qn November
xf G
of 1980, Mr. Carollo made application
>,r
with the Miami Police Department to be appointed
-{
a special police officer. According to the Code.'y
of the City of Miami, Special Police OfficersNO
are individuals appointed by the Chief of Police
who are empowered with limited arrest authority}7"
and the right to bear a concealed firearm within-
J
the City limits. The ordinance is quite-
r�
specific that the granting of such status is solely
contingent on the evaluation of the Chief of
police pursuant to the results of a thorough,
r
background check, the minimum elements of which arer,..
r
clearly outlined in the ordinance itself. This
privilege should in no way be confused with a
r
Concealed firearm permit which by law can onlyyj
r
*'.
be issued by Metropolitan Dade County.
SS j
UTWW�
T
k 1.7
y�
At the time Mr. Carollo submitted his application
to me, it was apparent that there was an
expectation on his part that his request would
$k
be immediately granted. In light of the fact
'
that Mr. Carollo's status was that of any other
private citizen, the department was mandated to
f;
T.
treat his application accordingly.
x?
_g
Mr. Carollo's application was processed routinely
,
with the investigative officer devoting only that
time allowed by his other more primary
responsibilities. On December 15, 1980, Mr.
Carollo withdrew his application citing primarily
x
,'
his belief that the 46- day time lapse was
{ vµY
2
�.
indicative of a perceived attempt by the Police
Y
Department to discredit him. In no way did this
..
time duration reflect the Police Department's
Y ,
interest in Mr. Carollo's application. As is the
case with many public agencies, the processing
of routine forms permits or other applications
� P PP
rarely meet the time needs of the interestedv
party. While as an administrator, I recognize'rR
that this is an area that should be addressed
;
and remedied, I am still of the belief that unless
i
Mr.Carollo was of the feeling that his public
K
'
position afforded his application special attention,
'" {
the 8 to 10 hours dedicated to Mr. Carollo were neither,^
excessive nor abusive,
{ s..
(CONTINUED ON NEXT FAQ
P
Y
rA
' "During the course of the baekgroutid invest gati6ti,
Certain individuals who had supervised Mt. Carollo
in his previous work experience were interviewed&
These persons made certain statements regarding
Mr. Carollo.
"At the time the Commissioner withdrew his applitati$ti
the personal notes taken by the investigator were
sealed. At the insistence of Mr. Carollo, these
handwritten notes were released to the public.
"More recent correspondence from the supervisors
of these individuals conflicted with the
sentiment of of these original statements. Since
these original statements were rendered with an
expectation of anonymity, recent denials in the
media by those persons interviewed have implications
which are both obvious and understandable.
Nonetheless, the investigator stands by the
validity of these initial utterances.
" Several allegations have been made by Mr. Carollo
that the scope of the background investigation
involved either persons -or facts not relevant
4,r4t` to the Special Officer application. This charge
has been allowed to gain some credibility in
the media due, to a large extent, to my previous
posture of issuing minimum public statements on
ry
this entire matter. The Miami Police Department
�{ denies such charges.
" In the course of gathering material intended to
' berif information provided on the application
Y
sT� by Mr. Carollo, various public records were
checked. Certain pieces of information were
l_S$ti written on pieces of scrap paper by the
investigator. In one instance, the name of a
relative was included in these notes. This
occurred during the Police Department's attempt
to verify the address of the applicant where
the residence listed by Mr. Carollo was not on
the recently published 1981 Bresser's Address
Manual. For anyone to represent this as an
1.<<� investigation of Mr. Carollo's family is to me
an obvious attempt to perpetuate the notoriety
this issue has received. Had Mr. Carollo not
"{ insisted on public revelation of these personal
notes they would have been discarded since the
information contained in them would ultimately
not have been included in the final report.
" the Decemember 16, 1980 summary report, prepared
after the Commissioner withdrew his application
is a good example, as it included none of this
material.
A review of this file will clearly indicate
that there is no succeeding information
an any familiar member, absolutely no
broadening of scope on any of these individuals,
a fact which has not been articulated by the
media; a fact which refutes any contention that
the department was investigating such persons,
5, :i
k
f
, f I t` ps 5'Si
i
R3O
trc`S
4a�
J
�r
IlAtwther hatter which has been the subject of
public attention has been the department s
inquiry with the Florida Secretary of State s
Office to determine, as has been reported in
the media, if Mr. Carollo had in fact opened
a private security business. Since the
Florida State Ethics Commission has ruled that
it can be a conflict of interest for police
officers to be involved in a private security
business, Mr. Carollo's status as a Special
Police officer would have, we believe,
umbrellered him under this decisions;
Additionally, it would be inappropriate for
the Chief of Police to grant a citizen an
alternative method of becoming an armed';
private security specialist when the State f,
has already prescribed a stringent process {¢
for attaining such status. The brief 'r
mention in the file of 2 other individuals y
came about as a result of determining any
conflict of interest issues on the part of
Mr. Carollo.
" Charges that a police officer made derogatory
comments to a representative of the Secretary
of State's office were investigated by the
Internal Security Unit of the department. In
a -sworn statement, the investigator has denied
these allegations.
"
Several weeks ago, Mr. Carollo made public
Charges that members of the Police Department
were surveiling his activities. In a fashion
`;"
unprecedented in the history of the Police..
Department, the form er City Manager and a
member of his staff conducted an early
Saturday morning interrogation of personnel
of this department. With total disregard
for the employees' contractual rights, these
officers were subjected to scrutiny and
innuendo without my prior knowledge or input.
Additionally, on that same Saturday a
-su P ervisor in the department's Homicide Detail
was questioned in City Hall as to his
knowledge of an internal investigation. The
questioning was conducted by that same
member of the City Manager's staff but also
a member of the Mayor's staff. The unusual
!£'
nature of this action raises some serious
=:
,questions as to the propriety of this
individuals involvement or that of her
3 ,
superior, the Mayor.
"The timing of this occurrence, just immediately
;."
before a scheduled attempt to choose a permanent
"
pity Manager should be of utmost concern to
the Commission and this community, and
;.
consequently warrants further examination.
On several occasions during the last few monthsa
1've met with Mr. Carollo with the hopes of
-resolving this issue. As a result of his
personal feelings towards me, Mr. Carollo has
admitted to me delaying appropriations of
important funding for police equipment, and
f.
'keepictg me away frost my duties at the Police
insisting I sit through entire
department by g
14,hour Commission meetings. He has become `
enthralled in internal Police Department
policies which are normally not consistent
with the involvement of an individual of .
such public position. He has harassed my �3
officers in the street and has spoken abusively
.3
ily when I have not been"Mn
to members of my fam
available at home to respond to his interests. K,
His persistent charges of "hatchet jobs"a
are baseless.
" A review of the file will indicate the followings
r( On March 27, 1981, I responded to Mr. Fosmoen's
' directive to bring him the background file. At
f3
> that time, I advised him of my serious concerns
a+. that the sensitive nature of the information
Could be used to embarrass Commissioner Carollo.
Furthermore, in a March 26th phone call to me, rt
Mr. Carollo indicated that he had not solicited
m 52
the Manager's assistance in gaining access to,
the material. Taking into mind these two
�x
considerations, I presented to Mr. Fosmoen a
z
comprehensive memorandum outlining my concerns
�t4; about improper dissemination of the material.
1p
-,Upon reading the memorandum in my presence, ,
fiY Mr. Fosmoen refused to accept it and gave me
back both the memorandum and background file. ,
-On April 3, 1981, Mr. Fosmoen called my office, t
' in my absence, and demanded that the background
file be delivered to him. The file was again
accompanied by a memorandum, this time signed k=
F by Acting Chief Breslow. This memorandum
reiterated the Department's concerns that the ,
inconclusive nature of the information made
iJ
its contents subject to too much interpretation.
This was the only copy of the background file
�that was not returned.'3
On April 10, 1981, I again accompanied, at
Mr. Fosmoen's direction, a copy of the background
file to the Manager's Office. Attached to this
copy was yet another memorandum in which I voiced
my concern to Mr. Fosmoen that the information
should not be treated lightly and must not be
disseminated indiscriminately. As he had on
t.
March 27th, Mr. Fosmoen refused acceptance of the
memorandum; an occurrence I duly noted on the
bottom of the document. I left his office with
the memorandum and the background file.
The point to be made here is this: Those amongst
}' us, the media included, who have oriented
themselves to believe that there is a position to
be gained or news to be read by representing this
ti
issue as an abusive Police Department discrediting of
an elected official, will likely attempt to
Seek out innuendoes to perpetuate the
a
�> emotion and disruption of this drama,d
F
}
±
iat
k`jR„, 1"t+^R^t"y'i'�,.is''t`, Y5
ft (continued)
-
"However, those ratio insect t its thatetidl with . x
T;;4E
objectivity
has been totally inconsistent withthatof a�
must conclude that m Position
person determined to embarrass or brings
harm to Mr. Carollo. Yet understanding the
w
flair for the sensational and the needs of son►
to pit one public figure against the other,
I'm not surprised that this story has been ;
portrayed as it has: ;ir. Carollo's owns
persistence in this regard is a matter over s�
which I have no control.
u24
Had Mr. Carollo allowed the background �y
'x investigation to proceed, his application
obuld have been approved upon the presentatibti r,
- of the material only recently received..
Mr. Carollo's April 6th refusal to give me
i�
these more positive recommendations is a fact.
UV t can neither explain nor understand.
hr �' Several issues must be addressed to resolve
'I
this matter. None the least of these must T
fi�f,t
R0;0 be a commitment on the part of the leaders of
this community to accept the truth as the final
a
determinant.
r
W iI
T° ,5 F
'iI have responded to inquiries from two City�j
six ,
-;.
managers and both have expressed their aI
satisfaction with my responses. I have
rM j '
„r£�� answered, by memorandum, questions posed by
n,-AtM*
$'s�',�
�May or Fe
rre Commissioner Carollo and the
< , yOM
Commission as a body.
u,
N `
Yet through all these communications, the issue is,
still with us.�
dividing us and occupying our
valuable time. I can only conclude from this
that there are those amongst us who have chosen
to persevere with the hope that personal
position or gain will be attained as a result."
Thank you, Pir. mayor, and members of the Commission.
G IT
r, ,
Mayor Ferre: Chief, I can only speak for myself, and obviously not
for the press, or for Mr. Carollo or anybody else that you bring
into this. The interest that I've had in this is nothing more and
nothing less than to bring the truth out which I think has been
done during this whole process. As far as I'm concerned, from the
City Commission's point of view, this matter is concluded at this
time. Even though I have strong disagreements with both the
Herald and the News, I cannot, nor can you as a public official, think
lightly of the opinions that are expressed, even though we disagree
with them. And I think when both of these bodies that function
or sometimes function as a conscience to this community, bring out
the point that this matter must be taken to its natural conclusion.
l think that's something that nobody on this Commission can
quarrel with. Now you made three points that I would like to address
myself to, and they are on page 3 at the top of the page. The
first one is that charges that a police officer made derogatory comments
to a represenative of the Secretary of State's Office were investigated
by the Internal Security Unit of the department. In a sworn
statement the investigator has denied these allegations. I might
point out to you, that right here before your eyes and before your
ears, you heard that same investigator correct that statement.
Chief harms: No, sir, I'm not sure that that's what I heard. What f
understood is a semantical debate over the issue of derogatory,
i
-
NIP-
'.,,, - J
yr
ry
iie llarfns (continued) : The investigator et}ianded his 5tateSrnetit.
I think that he would certainly be willing to come back up here and
discuss that same issue. I did not see that as a conflict, :Ir= M2yor�
Mayor Ferret Well, I...I certainly, at best,
I see it as an expansion,
I see it as a correction and a reversal, and he specifically
At worst, personal opinions,
expressed that he was expressing "
Chief Harms: I understood that.
that certainly was not..+l
Mayor Ferre: As I understood him to say, ressure and it was a very
accept the fact that perhaps he was under p �s statement
quick statement, and he made it, and after reading ,isberg
and further reflecting, he remembered some of these things. But as I
understood it, he was expressing that these were personal comments
that he was passing on.
Chief Harms: I accepted that in that light.
Mayor Ferre: I...I do not accept the premise that one agency of
innuendo passes on to
government on rumor or another without substantiation
important —can
me back because I have some
a derogatory or a important
ve nature.
important information of a negatiI question that as a 4
sworn officer, and a member of the
matter of policy, for a member, a Department to make. That's neither here nor there at this time.
Police with regard to, -
We'll get to that later on. Now, the second paragraph artment".
"in a fashion unprecedented in the history of the Police Dep
You were a member of the Police Department when Mel Reese was the
of the City of Miami. You were also, I'm sure, aware that
Managerorted directly to the Police Chief -
Lt. Potter and others that rep
I mean, to the Manager.'
Chief 'darms: It was Sergeant Potter, it was through a reassignment
that those individuals reported to the City Manager.
tive
_ Mayor Ferre: Sergeant Potter and oreportedmembes of toMelhReese, andaI can,
forces of the City of Miami dire
if r re p you, not one,
if you wish, I'd go back to my files and reconstruct for y
but a dozen investigations that Mel Reese was conducting on many
issues affecting the City of Miami.
Chief Hams: Mr. Mayor, I think the statement speaks for itself. You
and I may have differences over semantics, but I think it speaks very
eloquently for itself.
Mayor Ferre: I just want to point out that I don't know whether
that's something that's so impressive in the history of the City of }
Miami. And I think the Manager, who is after all, the Chief Enforcement
under our Charter...
• '
Chief Harms: Mr. Mayor,
he's the Chief Executive Officer, law
enf
orcement authority he does not have. But he is certainly they#'
Chief Executive Officer.
V,DWE.
Ytl
't think that the former Managers
Mayor Ferre: Mel Reese...I don
2 former Managers were very different. And as
id, that may be
tregards you said,
to the a4�
a difference in interpretation. Lastly,
member of my staff, and you're talking, I would
unusual nature of a r�
assume, since you said she, you talking about Marie Petit who
was present at the time of the discussion. Again, may I remind is ;
you that the Charter of the City of Miami specifically gives to any r,r
of course includes the Mayor the right
member of the Commission that..
Co ask questions of any employee of the City of Miami. And so, I
don't think that Marie Petit was in any way acting outside of
urview of what the Charter permits. And I might say, that in that
the P .
function she was acting under my instructions, and I might reiterate
this, and I was doing this in the
once again, that she was doing
terest of clarifying this whole issue.
55 P-'A, !,l' ) 81931
ist
f
z.? R. it6Y� f' �`� �- t t i t q05
rt.
f
b"
p7 �fi r
Lft�ftbA: Mr. Mayor, in this,
Mt. Carollo: if 1 may Mr. Mayor',ti ' k
tegafd-ihg
get into a candid repott.
Mayor Perre: Go ahead.
Mr. Carollo: So I don't get into other areas Mr. Mayor, or prolong;
this any longer, as far as this 4 page letter from the Chief, forh�'
lack of a better word at this point in time, let s just say
N
that there's statement here that are veryinaccurate. And if the Chief<< a
� �,i
would like, I will send his name to the Catholic Church so that they can'71
N, �.
make him a saint.
Mr. Lacasa: Are you through, Mr. Carollo?, Mr. Mayor, members of the
Commission, at the last City Commission hearing, I raised the question
that in the Miami Herald issue of Thursday, May 14, 1981... that in the
Miami Herald issue of Thursday, May 14, 1981, Mr. Carollo, and I
quote from the Miami Herald information, it says that Carollo publicly
has named Lacasa to the initiation of the probe. It says, "Harms' friend,
Plummer, knew about it and may have used his influence to promote the
investigation." In a WQBA radio program, Mr. Carollo made similar
allegations in relation to my alleged involvement in the inducement or
promotion subjected of this investigation. At that City Commission hearing,
I requested from the Manager that he request from the Chief of Police an
answer to whether or not. I have taken such position in relation to this
investigation. On May 26, 1981, a memorandum from Mr. Harms to Mr. Gary as to
the question that Commissioner Lacasa at any time or in any way suggest or discs
the possibility of investigating Commissioner Carollo. Commissioner Lacasa
is the answer from Chief Harms did not at any time or in any way suggest or
C 11 As to uestion
iss
discuss the possibility of investigating Commissioner aro o, q
number two, Commissioner Plummer in any way had any direct or indirect
responsibility with reference to Commissioner Carollo's background check, the
answer was that Commissioner Plummer did not in any way have any direct or
indirect responsibility with reference to Commissioner Carollo's background
check. Chief, do you stand by...?
Chief Harms: Yes. I do. Those are the statements I made and I stand by them. =t
Mr. Lacasa: Okay. So, are you satisfied Commissioner Carollo with the answers i
to this question posed to Chief Harms, through the City Manager and with his
answers.
Mr. Carollo: My dear Commissioner Lacasa, let me point out the thing that stood
out most in that article was a few things they quote me saying, and that is that
I'm not making accusations. The same thing that I've stated over the radio when
I've been there. On the other hand, and I stand by it, I have never made any
accusations, sir, against yourself or <,ny other member of this Commission.
I brought out some allegations that: I received, just like I have in the past
and I will do in _:t:e future. That's my prerogative and no one can take that away
from me. A-ain, I'm quoting from that same articl.! that you just )fought out.
I'm not making accusations, But my dear Commissioner, I think the areas
that you would lke to get into are areas that are more of a personal nature
between yourself and 1, and they should be discuss_d in an open form, .,n any
radio st.►tion, T.V. station, like I have invited you to do, my dear Commissioner.
But, if I may put this on the record, here's a copy of that tape which, I'll
give it to the City Clerk in just a second. Three Mondays ago, WQBA radio
program, my dear Commissioner Lacasa made some statements that stated the
following. He stated that when I became a.....before I became a Commissioner,
I had an old car, a Ford, which is correct, stating it was 1973, it's 1974.
Then he stated when I became Commissioner I bought a new car right away. Well,
my dear Commissioner you see my new car out there. It's a 1977 Pacer
which you know, unfortunately, you have to bang your door every week,
when you go to your $20,000 Cadillac. I know my car only cost"$
r,7 ram,
z4 Nr�s�r.. k
key t1 Nt 1-6
R"4{if n3. #R'�SL' Ifi��s
S 3
M I
I xF" arc,
(ebtitinti►ed� $
2 000 an
it's a l977e but my dear 00 tissiciier
ted that
h6w tar, bU say it's a brand near car? Niy dear o ftissionerrwhich is9190 asomething
Y before l became a Cotmni
I did not own any property
untrue, and the records are public that we all have to fill
that's totally
out on that. My dear Commissioner stated Avenue after I became a
I have never
first bought an apartment at 17t period,
owned any aparments anywhere near that. For that matter, an apartment,
I'm assuming he's referring to condominiums bstatedtthatnlahad bought
rea where he has
expertise in. My dear Commisut t
sioner, you also
a house on Lejeune after I became a Commissioner. My dear Commissioner,
ejeune
the house that I'm living in presently
ensiveis imansions te a tincLejeunee from LRoad.
Road and cannot be compared to t p
You also stated that my wife has a car also, after I became a Commissioner.
the car that my wife has is my 1977 Pacer after hefss got totalled in a hit
Well,
and run. My dear Commissioner also stated that I have anto
a tomatoe farm. My dear Commissioner knows,
nnOcala, S� orMarionhe'slCountyookediand that
1
it quite well, that I don't own a property relatives were at one time.
I am not in a tomatoe business. Some of my
My dear Commissioner knows that. My dear Commushlofethetatematthhave
matter is that
bought an Uzi machine gun for $5,000. Therifle
as a
I have bought like its my right 00 for 1it2eAndajust1asutheaCommissioner
Uzi and I paid no where near $1,0it
has stated about myself that he had owned 2 shotguns,
has it, or
to own a semi -automatic rifle to protect my he is an
just look at it. At the same time the Commissioner, mind you,
attorney,
I am not, after the article appeared, was conducted, a 4 day
tha
investigation on mhat I had a
yself based on allegddtthesreason the t he aATFde tconducted the
machine gun in the trunk of my car, an
investigation was a request from our Police Chief which he rdeng onrthe
their head agent
down here, theineunS1ATF, theoner sATFsreporton lclearly stated
radio saying that 1 have a mach g
that they found no evidence, nothing whatsoever out of that and that the
case be closed. Just for the record,
if the Commission will bear with
me for a moment, I'd like to find and read the conclusion of that.
The ATF report states an informationa.No furtherevidence investigation isd
1ct
contemplated
violation of the gun control act. in the
and it is recommended that this case be closed:' Furthermore,
statements that my dear Corsnissioner made as a part of his statement,
states that he did see a machine gun -like weapon in my car but he doesn't
he � familiar with firearms,
remember the date. He also stated that he is not very
and therefore, the gun he saw was what he perceived machine guns to look
like. But he still goes ahead onradio and ntonues to the agent sawathea
machine gun. My dear Commissioner
also states
machine gun much previous to the date that he made the statement on January
�,�w At- tine same time he stated that he- has not -been— 14ffi rttlt for me to _
f;I�x�Al? S i
i kS
K 4m �1Wy
Mtn caralid (tontinued): investigation with federal agents v.s, k� x
Attorfioy Attalee 14ampet and the V8I"Another article with a headin ,'p
of "Fill fltoves claim Lacasa received CETA kickback" dated October
the 8, 1980. It states, "Miami City Commissioner Armando Lacasa
is under investigation by the FBI:' Mr. Lacasa, I see no reason
why I have to get into a debate with you, sir, into any
of these matters at this point in time, and furthermore, I find
it insulting that I have to get into a debate with someone that',
according to what the Miami Herald, the paper you are for all along,'„,
And if it's that true then I would hope that the U.S. Attorney
Attalee Wamper, and the FBI, the Herald, this Commission. f
Sir, if you want to debate me, or for that mattes
any member of this Commission that would like to debate me, we `� l
could do it on radio, T.V., away from the Commission where it
should be. Sir, you proceed with your kangaroo court and when,:;
you're done, I could be reached in office and I will be verys'F:�
i,
willingto come back to the Commission again.
Mr. Lacasa: Mr. Mayor....
Mayor erre: Mr. Lacasa, P
. sx
I�
Mr. Lacasa: ... I stand by the question. I believe that the City
Commission hearing is a public forum. Whatever we way here we say ,Ft
for the public record, in front of the public and in front of the w,x
press. The question that I raised, I think, concerning Commissioner + }
Carollo's public allegations that I and a member of this .-
Commission has instigated, promoted, or in any way initiated the
investigation that the Chief of Police has been testifying about' ,3
today. I have requested an answer from the Chief of Police +,h.
concerning this question. the answer is here. I have read }`
i- tt
the answer into the record, I have asked Commissioner Carollo"
if he's satisfied with the answer from the Chief of Police, to
which he has not answered. And my question stands.
Mayor Ferre: Now, what else is there?
fip
Mr. Plummer: Mr. Mayor, very briefly, I would only request that
the memorandum of May 26, 1981 from Kenneth Harms to Howard Gary
in which my name is brought up, be given to the Clerk and made
a part of the record.kYih
Mayor Ferre: All right. F
Mr. Plummer: Thank you.
Mayor Ferre: Is there anyting else on this issue? t,
r3
Mr: Plummer: Yes, Mr. Mayor, on this issue. As I said from the
Inception, I hope whether it's my motion or by request......
J 'Yi
Mayor Ferre: Make your motion, J.L. Let's get it over with. f�
Sr. Plummer: I really don't want to make a motion, Mr. Mayor. I r<
hope that the administration would forward any and all papers
documents, affidavits, depositions, handwritten notes, anything relttln'�
to this matter....
-G
Mayor Ferre: And the minutes of this meeting.t
M. Plummer: And the minutes of this meeting to the State ";
Attorney's Office and ask them if they would review this situation.tY.S',
Mr. Mayor, I do that with a definite reason. And the reason is very
simple as I stated at the last meeting. That any further pursuit',"
of this matter would be with a regular, duly constituted body, by,
law, and not with this Commission, so that this Commission can
get back to the work that it is elected to do, because we have so
_
many many important matters that we are faced with in the next a..,
few months, that i would hate to have to divert, as we have in th@ y'
rt��-�
58
it'xt��csll
2 ,fir 4.
n #mr� Fig t� 7 de%3' °
}.
lunte iti�►ttiued) t part 6 months, a great deal of attent36tiy
this matter when we should be addreso
Cdigsion attention to ffs,
the Clatters of the budget, labor negotiations, employee lay`
s of that nature. Mr. Gary, it would be my
appropriations, and thing piece of material that can be sequestered
hope and desire that every pbe
purposes of sending it to the State and that tany further n matters
e so
orney
for the pure our office,
as quickly as possible by y
in this relation, any questions, memos, then could be forwarded to
that appropriate body
to be answered by them, and this Commission can
t back to the very important work that it was elected to do.
ge
Well, I think we've been doing important work,
_
May Ferre:
personally concerned,
let me state that as far as I'm p
is nclulet �the
nwords
concerned
on,then
this matter as far as the Commission lthe Commission,
unless I hear a no from any member of proceed to
that is that you p
send all
of Plummer speak for all of us, and to
through the Clerk's Office,
the
this information... Mr. Manager,
' to them to pursue this matter
then its up
State Attorney Office, and
yanythingelse to on
further. islthere
if they wish to any
issue. If not, tanytke
this particular
E CITY COiISSION WENT INTO A BRIEF
aaLY':
THEREUPON,
reconvening
at 12.15 P.M., at 12:25 P.M.
RECESS
all members of the Commission found to be
3t
with
for Commissioner Carollo.
present except
32. APPOINT"ff-= OF BILLY FRZIXASLRETOFORE ALTER;:ATE :1E`BER OF TEE
ZO.*,I'NG BOARD) AS REGULAR MEMBER -
Mr.
e before us at this present time.
Mayor Ferre: Which is the on
ro ose is that Mr....the position that s,
Mr. Lacasa: What I am going top p
;r
Mr, Cruz has resigned be given to Mr. Freixas who is the alternate ME
at this particular point.
Mayor Ferre: Are we filling Mr, Cruz is position at this time?
Mr, Perez: Mr. Mayor, You have the option to fill one of the tvo `
WnpXpired terms with the alternate,
MAY 2 6 ��81
59
{ n •pp ' il"tt=r s tU �{ fg r0er
1 i, ,`[-�
g�
+ Yf, y1
gOkay �e UpSt£
z (
r
``f f�lutuiier: te11, waita�itfr �s ti* u
�► Understanding that Mr. ct� ever► thoujh dieted by. 'th�td3 {yg�
73'1.1-ai Somme
iF 1 k .
fte�ter has sworn into office, is that cottect7 3
Mr. Perez: That is correct.
Mr. Lacasa: I'm talking about the...
it Mr. Plummer: I understand that. But what I`msaying
isworniintotoffice.
replacement of Mr. Cruz, because he never actuay was
Mayor Ferre: Okay. Okay. Technically, you're correct. It's the filling
of that vacancy. Okay, he wants to correct Citfor
the
on orecord,
n that is and
that's
right. Okay, now, what's the will of this
Mr. Plummer: Well, Mr. Mayor, let me refer back, the point that Mr. Lacasa
made, and you and I and maybe Father were here, when we changed the
rules pertaining to the Zoning Board at the suggestion of Dr. Bartley and
Mrs. Gordon. We created the position of alternate solely for the purposes
of like a traning ground so that those people could either
fill in in
the absence of a member, or if a vacancy occurred, they
could ved
up .
Mayor Ferre: So you're concurring with Lacasa.
So, I'm concurring with that
statement that i't't�ould be 'rf
Mr. Plummer:
normal situation that it should be...w,
w
a
Mayor Ferre: Is there a motion?r4
Aa
Mr. Lacasa: I move.�R
r
r�r vM ay �'f;ca
t t rA Mr r
All right, Mr. Lacasa moves. �.h�,�i�Y�
Mayor Ferre:
Mr. Plummer: Second.
he alernte memberof
Mr. Plummer seconds thamoted
Mayor Ferre: ...and
Zoning Board who is Mr. Bill Frexias be tottheapermanent
Call the roll.
the
position. Is there further discussion on
that motion?
The following motion was introduced
by Commissioner Lacasa, who
moved its adoption:
MOTION NO.
81-466 r +
A MOTION OF THE CITY COMMISSION APPOINTING THE
HERETOFORE ALTERNATE MEMBER OF
THE ZONING BOARD fi
Y�
(MR. BILLY FREIXAS) AS A REGULAR MEMBER OF THAT
BOARD TO FULFILL THE 'UNEXPIRED
TERM WHICH IS zs�
TO EXPIRE DECEMBER 31, 1982
se
Upon being seconded by Commissioner
Plummer, the motion VA. p
d adopted by the following vote:
L Plummer Jr.
S; Commissioner J. I
Commissioner Armando Lacasa
Vice -Mayor (Rev,) Theodore R. Gibson
Mayor Maurice A. Ferre
{
19s; None
�RNT= Commissioner Joe Caroliu�,,
r a
AN
x
�t a
i t a r tiro
)3
60
,iir ne P k Y gi"IMN
Y e,3 riaa
6� i'Y ,s i¢ t Ki x�'_"$T-(°S5
,� � i 14R� ,, r• fit; ri�ah � ��t"
ROLL CALL
Mayor Ferre: Now, on the giatter as to the next vacancy, and tha
alternate which is now vacat►t, would you then advertise so that wea
deliberate,,-
Mr. Perez: We are going to send a memo to the City Clerk for the City
to proceed to advertise for those 2 positions.
l be scheduled for July the 9th meeting for
Mr. Plummer: And it wil
this Commission to chose.
Mayor Ferre: On both. All right, thank you. Is there any further
discussion on that?
33.
APPROVE REQUEST OF MIA:'I ROWII;G CLUB FOR ASSISTA::C% III
THE AMCUidT OF $5,500 IN COi1:-.ECTION WITH THE 3TH Al\liUAL
*1JX%1I II'TERINAT.IONAL ROWING REGATTA
Mayor Ferre: All right, before we get, Howard, to your thing, Armando
Mr. Sabines. Where
wants to take up the Sabines matter. All right,
Club. All right, let's get this thing
is Mr. Sabines? Miami Rowing
for Miami Rowing Club. Very quickly.
done. What is it that you want
Mr. Jorge La Torriente: My name is Jorge La Toriente. My address
941 Arango Avenue in Coral Gables. I'm right now the president
is non-profit organization. We are
of the Miami Rowing Club which a
the 8th Annual International Rowing Regatta
going to have this year
Stadium. We have hel this regatta since 1974. This year
at the Marine
for the national...Union National Rowing Championships
is the preparation
be the host organization, and they will be held here in
which we will
the Miami area. Therefore, this year we are sanctioning the course,
having the national officials here in prepartions for next years.
Mayor Ferre: Mr. De la Torriente, cut through. What is it you want
from the City?
k,4
from the
Mexico,and Argentina. bring oarsmen
Mr. De la Torriente: We're asking for funds
Eastern part of the United States, and from Peru,
Mayor Ferre: How much are you asking for? This is item number 41.
Mr. De la Torriente: $5,400.
t,
$5,400. Well, Mr. Mayor,I believe that what the Miami
Mr. Lacasa:�� d for the community
Rowing Club has done for the City of Miami
and which has seen this City
j
in general has been a tremendous effort,
as far as rowing competition.
It ,
become one of the most important cities
sir, that your club has even obtained championships
is my understanding,
of a national nature.
.
Mr. De la Torriente: Last year we won the Union Na tional.?t
And this has been the first time that the City of Miami
has ..
Lacasa:
enjoyed such an opportunity. So therefore, I believe it is in the{fir
and therefor,
best interest of this City that we go along with this request,
move it.
Mayor Ferre: All right, is there a second?
tj�r��tk
Plummer; ,, Second.
Mr T ♦ G r f
1
Mayor Ferre: Further discussion on item 41? 0e1. t 0' Ili
d��t
61 Mr.- � 8
1 g t
4
i Toner J L. Plummer, Jr.
Comm s
A�
Commissioner Armando Lacasa
Vice -Mayor (Rev.) Theodore R.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Joe Carollo
Gibson ;yNs fiT
a
34.
GRAN REQti _ST OF LATI�v CHkx1BER OF COIDIERCE—ALLOCATE N.T.E.10,
$100,000 FOR PEBI =1 "ENT HEADQUARTERS OF SAID ORGAN
IZATIO� WITH
PROVISO OF .tATCKEXG FUNDS.
Mayor Ferre: All right, Mr. Sabines.
Mr. Eloy Gonzalez: My name is Eloy Gonzalez. I am the secretary of
I representing Mr. Sabines,
the Latin Chamber of Commerce, CAMACOL, and am
find from the Commissioners and the Mayor
the president. We tried to
the approval of $35,000 for the Hemispheric Congress that we're going to
have in September, next September. But coming back some years ago,
the
the Commission was involved in the first Hemispheric Congress of
in the City
Chamber of Commerce where we have 19 Chambers of Commerce
of Miami. At that time, we had the challenge and the commitment to
andCentralAmerica
create a permanent office in Miami. All the South
UnitedAmerica
ates
and the Latin Chamber of Commerce of
for of Chaer of
as the permanent office
thisthe timeatin
29e000ngrAtswe have pledges of
For that purpose, we need $1 ,
private enterprise of $29,000. So we are asking this Commission the
for the benefit
other $100,000 to create that office, that permanet office
of all the members of the Chamber of Commerce.
Mr. Lacasa: Will that be, Mr. Gonzalez, then, a contribution from the,
-what you are requesting, a contribution from the City of Miami of
$100,000 by other organizations,
$100,000 which will be matched by another
whether in money or in -kind?
fit` ti�1w
Gonzalez: That's true.
Mr, Lacasa: Okay. It is in this fashion that I move that this requeSt
by the Latin Chamber of Commerce be granted.U.`i�y
Mayor Ferre: All right. There's a motion that the City of Miami match
$100,000
Apr
the Latin Chamber of Commerce up to an amount not to exceed
�•
which this includes the $35,000, as I understand it, which was rQcomm�nded
�► the Manager, but not to exceed $100,000 on a matching basis,
£kf.
62
�.
J7 -t aA ra} M, s quaffl �, s
r.l •zt�gx a.
y� s� yy�4
17ilUWWGi'i 1. DG'L-�
�}tV►t �L WV. qq •y.0
day or
`eti'ai Is there futthet diSCy153iC1f1 all:�lp iZ�1J
The following imotion was introduced by Co missioner Lacy§ai
ffioved its adoption:
MOTION NO, 81-468
A MOTION OF INTENT OF THE CITY
COMMISSION
CHAMBERGRANTING
OF
THE REQUEST FOR FUNDS MADE BY THE LATIN
COMMERCE IN CONNECTION WITH THE SECOND HEMISPHERIC
t CONGRESS OF LATIN CHAMBERS WHICH IS TO TAKE PLACE
�a`5981, AND ALSO IN CONNECTION WITH THE
IN SEPTSEPTEMBER,
ESTABLISHMENT OF A PERMANENTLY BASED MAIN OFFICE IN
WHICH MAIN PURPOSE WOULD BE TO
lz THE CITY OF MIAMI
'. DEVELOP INTO A WORKING NETWORK AMONG THE DIFFERENT
'.
r CHAMBERS OF COMMERCE IN THE UNITED STATES, LATIN
AMERICA AtiD THE CARIBBEAN IN ORDER TO FURTHER
PURSUIT OF THEIR GOALS; SUCH FUNDING BEING FOR AN
AMOUNT NOT TO EXCEED $100,000, WHICH AMOUNT IS TO r
BE MATCHED DOLLAR FOR DOLLAR BY THE LATIN CHADiBER
s5. OF COMMERCE AND/OR ANY OTHER ORGANIZATIONS,
r, WHETHER IN MONY OR IN KIA'D
Commissioner Plummer, the motion.wa� ,
Upon being seconded by
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Joe Carollo
Commissioner Armando Lacasa sr
Gibson' "
ViceMayor (Rev.) Theodore R.bjsx
Mayor Maurice A. Ferre
None
ABSENT: None
1 '
d 7
.G
7 °d
fi'ti `. � t � ,s•yF7'7` r
4
,
h`(F'WJTi �1�,�'�5 4��� � t���L� N��fg1��„( "i-,'��y��'4LS •fir' §��' ^G'"�a�
u
i
LA
�l
35. DISCUSSION IN CO:iPiECTON WITH THE ESTABLISIVENT OF COITEiiSATION
FOR TEE NEW CITY WIAGER
Mayor Ferre: Now we are on Item 15 which is compensation of the City Manager.
I would like to make a statement on the record on this matter. And I want to
say at the outset, and I hope that I can come to a middle ground on this,and
this is what I'm trying to do, Howard, I'm trying to find a compromise that I
feel that I can live with in my conscience and would accommodate not allsbut in
parttwhat you have requested. I would like to just for the record make several
points and one is that in the last published Municipal Year Book of the year 1981
on page 63sin cities between 250,000 to 499,999, in other words half a million, ,
City Managers make a mean of $55,000, the first quadrile is $49,000 and the
last quadrile is $59,262. These are 1980 salaries. In the south, obviously
the area that affects Miami even though there is some question about that, the
mean is $54,624 and the third quadrile is $57,264. In addition, I would like
to, just so we can put this in perspective, say that a United States Congress-
man receives a salary of $60,600, a United States Senator receives a salary of
$62,500, the Governor of the State receives a salary of $60,000, the County
Manager presently receives $67,500 but with deferred compensation he gets an
additional $3,750 a year. The Secretary of Defense of the United States of
America who runs the Army, Navy, Airforce and Marines receives $69,630. The
President's Cabinet of the United States of America receives $69,630. Recently,'
Mr. La Baw retired from the Off -Street Parking Authority and I think that is
a very interesting precedent because it is the only one that fits within the
purview of the City of Miami, the others, we don't decide what the Cabinet or
the Secretary of the Army or the Governor or the members of the Cabinet make.
In the case of Mr. La Baw, ;"x. La Baw,was when he retired,making a salary of
$65,000. Mr. Carlton who iS going to replace Mr. La Baw was making at the
County $51,000 and the Board,chaired by Mitchell Wolfson at the Off -Street
Parking Authority,raised his salary to $55,000. So at the Off -Street Parking
Authority Mr. Carlton, upon incorporation, with all the frinees and what
have you will be making $56,532 and that includes regular group insurance, a
regular retirement plan, no expense account, a car for governmental use pur-
poses only. Now, there is one question and that is the question of the mone-
tary compensation. I have throught very carefully about precedent in this
and I started working for the City of Miami as a Commissioner in the year
1967 and I have through my career been through 4 City Managers. The case of;
Joseph Grassie was one in which Grassie, as you may recall, refused to come �,J4
for $50,000, finally he consented but I had made a commitment which was made
public and which was discussed at this Commission that he would within 6
months make $50,000. I have the minutes of July 28, 1977 which was about 11i:
months after. During that discussion process I had made a statement that
basically said, and I quote, "Mr. Plummer,in particular,has insisted that >rj
the new Manager not come at the same salary as Paul Andrews" and I thought
that that was justified and I went along with that. Further in that page '
Mr. Plummer says the following: "Mr. Mayor, as you previously stated before,
it was I who was very strong in my feelings that the Manager whoever he was
to be hired was not to be started at the salary that we were presently paying
Paul Andrews.". Now that, I understand, was a kind of particular situation_'
because Paul Andrews through a lot of seniority had made a much higher salary
but I think that the statement, the principle, which again, I want to repeat, a`s.
Plummer saying that the new Manager should not be hired at the same salaryt.
as the previous Manager until he had further proven himself.,
,
r,
Mr. Plummer: Mr. Mayor, I would.....
Mayor Ferre: I'll finish my statement and then I'll recognize you here' '
Mx. Plummer: I remember that well, Mr. Mayor, I don't need a copy of I.t
r
but I would hope when you quote you quote the entire thing, I don't nee4
I remember it well because it was your idea and I went along with it so I
remember it well.z
Mayor Ferre: It is available, I will recognize you as soon as I fnish,,'a�
At the time when Grassie was hired he was hired by Resolution 77,,636 which
was---- I'm sorry, this was the motion to increase his salary to $52,000,
With regards to his pension rights, that was a pretty neat little thing that
he got which was Ordinance 8583, just for the record - this is all part of
the record. With regards to the aK,4intment. in July of 76, that was
04 MAY 281081
t
v 7Sr - "r
t
t y
resolutidh 76-01 of July, 19761with eh ahnlal tAlary of $47,000 and an expohse
account of $2#500 and what have you, the resolution appointing and electing
Grassie - I'M sorry, that was the same one. Now, the only other thing that
I wanted to put into the record was on October 26, 1977 with regards to.,.,
well, that's really not germaine, it is in regards to the expense account and
that is when extraordinary expenses such as when he went to the Super Bowl and
other things, that was voted upon on an issue by issue basis in the past. Now,
in the case of City Manager Fosmoen, when he assumed Grassie's position he re-
quested, and the Commission accepted that he be moved up to the salary that
Grassie was making at the time. Now, I will come back in a second to the is-
sue of money. Now I want to address myself to the second major issue which
is before us which is that of the two-year contract. I read with a great deal
of interest Commissioner Redford's statement in the newspaper this morning and
the on -going debate about County Manager Stierheim and the procedure of how
he is graded. And where Redford gets this from is from Broward County.
Broward County has a procedure where the Manager comes up before the Commis-
sion on a yearly basis and is subject to ....he first makes a statement and
secondly he comes back with a report as to what he has done and what he has
accomplished and then he submits himself to questioning by the Commission.
That all comes from a memorandum which is a handbook prepared by Schwartz,
Becker, Project Director of the City Management Association and it is called
the Tvaluation of the Chief Administrator and it recommends very strongly,
it is called % positive look at evaluation." It sets out tile principles of
evaluation, the roles and the responsibilities, the mechanics of evaluation
and it goes through the whole process as to how a Manager should be evaluated.
It is my understanding that there were some members of the Commission that
were thinking of instituting that previously, I don't know that for a fact
but this is my understanding of it. I would say that the other argument,
the other side of the argument is this. There is an awfully lot of hassling
going on at the City Commission level and there is an awful lot of potential
politics involved in this whole process and so I understand the aspirations
of the present City Manager to have some security and I think they're right.
The question is the City Charter. The City Charter specifically says that
the City Manager works at the will of the Commission and, of course, no con-
tract can abrogate that according to our City Attorney, So what, in effect,
we would be doing is in guaranteeing the Manager, monetary renumeration
that would give him the assurance of continuity so that we wouldn't end up
with the embarrassing situation that we had with former City Manager Fosmoen
going around almost pleading, and I thought that was a degrading process
where the man would have to go pleading for whether he was going to get a
month or two months or three months and I think that was a very unfortunate
thing. It was degrading to him but I think it was more degrading to us and
I would hope that we could avoid that for future Commissions and for future
Managers in the future. Let me also remind you of the fact that at the session
previous to the Commission Meeting where the selection was made,Commissioner
Plummer requested the City Attorney to come back with the specifics as to
whether or not a contract could be signed between the City Commission and a
member of the administration. That was in reference, I thin} to the potential
of maybe Vince Grimm or somebody else or whoever being the City Manager. As
I recall, and Mr. Knox, I want you to correct me because there is some con-
fusion in my mind in this, but as I recall in the record you came back and
said that it was your opinion that the City Commission could not sign a contract
with a City Manager because it would all be superseded by the Charter. And
after I finish I would like to get your recollection of that on the record
so that we can clarify that, my memory on it. In conclusion, I would like to...
I don't think that we are necessarily bound by what we have done in the past,
I have no problems with going into new grounds. I do think that Howard Gary
is going to be a good City Manager and I do think that ever. though in the
past we have not given other City Managers like in the case of Grassie and
Fosmoen more than the previous City Manager, I think there is a very good
argument to be made in this case and that is that if Joe Grassie had remained
beyond August of last year and were the City Manager today he would be making
in the vicinity of $70,000. Is that correct? Do you know the exact figure
if he had gotten his regular....'
Mr. Gary: As of October he would have been making $70,029 and he was up for
negotiation in November.
Mayor Ferre: May. I would, I'm just stating one man's opinion. I have no
objections to permuting the new City Manager to step into the same position
that the former City Manager had and that is $70,032 or whatever the figure
is, and I think I can find justification in that and to some degree precedent
because that is what we did with Dick Fosmoen, we let him step up from $62 000
,
to $66,000. Now, with regards tc, the figure $70,000. I recognize that $70,000
is more than the members of the Cabinet and the Governor and U. S. Senators
65 MAY 2 81981
y!
7 cd
r
r
and so on and so forth make, tut we have the case tecehtly where a very i151-
portant tnelAbet of the adthinistratioh of Mett6politan Dade County was lured
away by California, by Ii Angeles specifically, so that we lost a very val-
uable asset in this community and he went because in California they offered
him $90,000. I realize that Metro has a budget ten times larger than ours,
I understand that. I understand, but on the other hand we have city offic-
ials namely assistant city managers that are making almost what the Manager
is making and I think that there should be some difference. And I think it
would be fair for us to go to that $70,000 figure. Now, with regards to the
job security and protection, I would be willing following what Redford was
reported to have said in the paper this morning, to have the Manager under
the evaluation of the Chief Administration Procedure that has been recommended
by the International City Manager's Association and by the evaluation that
the Broward County Commission has adopted which includes intellectual strength,
full commitment to organization goals, ability, his synthesis, mastery of the
work, political sensitivity and skill, leadership, development of personnel,
integrity and the others, and I would be happy to make this available, I just
got that this morning from Howard Foreman of the Broward County Commission.
By the way, Chairman Colb and the other members of that Commission are extreme
ly happy with the way this thing functions, it is an opportunity for both mem-
bets of the Commission and the Manager to express publicly the performance of
the previous year. so in conclusion, what I'm saying is this: I would be x
perfectly willing to go along with that procedure already established in
Broward County that on a yearly basis, and contract with the Manager for one
year so that the Manager would come before us on the anniversary of his hiring
and at that time his performance and his salary would be analyzed and concluded.
That, of course, does not take into account the regular increases that the Man- ..
1
ager would get. With regards to the other provisions, and I have not made a
t,r ,
totally detailed analysis of the other requests, Howard, but my guestimate
between the double insurance and the other things is that the package thatrt
you're requesting here is about $100,000. For example, on the insurance por-n+WW
s
c
tion of it....
uj
Mr. Plummer: It's 36$. 1
Mayor Ferre: It's 36% of the total? 36% of $75,000, is that what you're saying.
Mr. Plummer: 36% on general employees, 43% on police and fire. That includes
pension and everything. It is roughly $100,000.L
f P1
Mayor Ferre: So I'm saying that it is over $100,000, but you see, in addition L3z�
to that, for example, there are other things here like'the City agrees to �
purchase and to pay the required premiums of whole life insurance, equal an
amount to two times the annual gross salary of the employee:' So if the employee
is making 75 you're talking about a $150,000 policy which is not part of the f
regular package and my guestimate from insurance people is that that is pretty Xk
close to about $10,000 a year for a y person age 35.
Mr. Plummer: well, Mr. Mayor, I think the present insurance that is on all
employees is a equal that of their salary and this would be q y just a double of
that premium.
Mayor Ferre: Now, the other aspect of it deals with the regular insurance
policy and this may be a confusion on my part but it says that the City agrees
to put into force and to make the required premium payments for employee for the x ,,
insurance policy for life, accident, sickness, disability income benefits.... ;a
Now, these things are all covered so this redundancy, the question that comesµ
up is is this in addition to or is this a part of and if it is a part of>'
then why do we need to repeat it? And lastly, on the contract itself,
- Howard, the only thing that I'm concerned about is the question in the n
provision that you can take a job outside of the City of Miami and I think
that is all fine but I personally think that we have to put a limitation on,
that, you know, that you could; be employed, but I would say that to an amour
of money, and I think that is the simplest way of doing it, no more than 10% .`
of the total that you would be making at the City. In other words so that,+°.
you know, we know that we have your full attention and time.
Mr. Gary: What item is that?�}
Mr. Plummer;&
Mr. Gary: No, I'm talking about the item he was just reading,
Mayor Ferre; under duties, I think it's i.n....Okay. in Item Section 6(a) ",00 tfg
City hereby agrees to budget and pay the travel and so on " no, that's not
it. The City also agrees to budget and pay for the travel of..... Okay,
here it is, Item.... Where is it, t rwarci, in this thing?
6 0i
occasional teaching, public speaking, writing or consulting per or
employee's time off.". Now+ that has been an issue that we have never dealt
with with a previous City Manager because that is something that has never
been before us and I have no problems with that and I don't know, but we've
got to put some kind of a cap on it so that it doesn't become a full time
preoccupation on your off -time hours which....
Mr. Gary: Mr. Mayor, it says time off, it says on my time off.
Mayor Ferre: That's fine, Howard, but if you end up having, suppose you
end up lecturing once a week and writing a book a year and involving your-
self, I mean you know, there is a question as to how much of that....
is a minor issue, I'm really not going to, I think the two main issues that
I said before are the amount of compensation and the question of the longevIt
of the contract. That's what I wanted to say.
Mr. Plummer: Mr. Mayor, I'd like to address some of it and I probably will
have to ramble because I did not put it in sequence. Let me speak first to
the contract. And I don't mean this derogatorily of my friends in the press,
but I don't think that the full text relating to the contract was expressed
in the newspaper article and if I had read that article without reading the
contract I would be upset also. What was not said, Mr. Mayor, was that the
two-year contract, if the Manager were to be terminated by this Commission
he would be paid for the remainder of his contract,as it is done and gener-
ally accented in private enterprise. But as you rightfully brought out, Mr.
Mayor, that is not the case with this City. with this City, Mx. Mayor, he
does not serve at our whim. According to Charter,as I understand it,the
off
for malfeasance or misfeasance. It
Manager can only be removed from o
is so written into this contract that if he were to be removed for that
reason he would not be compensated at all. It is ludicrous to think that
you would take and charge a man and be found guilty by this Commission and
to pay him boot. That's ludicrous to even consider. The article stated of
the two-year contract, it did not go on to fully state and relate to the
Charter provisions. Mr. Mayor, I think a two-year period is very fair. The
electorate of this community every two years has the right to analyze each
and every one of us or the majority of us,and that is called an election,and
any time the electorate of this City wishes in their wisdom not to honor that
evaluation of three of the members of this Commission, which is a majority,
they simply replace you.
Mr. Carollo: Excuse me, J. L., something you stated there. I think you made
a very good point that the electorate should be able to analyze each and every ur.
one of us every two years. Of course.....;
Mr. Plummer: The majority of us.
Mr. Carollo: The majority. Any time you or any other member of this Commis- y
sion would like, I'll be willing to make a motion so that the terms of every ,f
Commissioner be two years and that means that me and you would have to run
again this November. I'll be more than willing to run this November also, �r
I'm sure you won't have any problem with that.. So you know, I think it is a f
good pointtba;t we should keep it in mind. Instead of having to wait four n -
years for the electorate to analyze us they should be able to do it every
two years. After all, the best government is the government closest to the fit,
en sometimes respond to us, in fact, the
people. This is why the congressma
majority of the times much better than U. S. Senators. They have to rung
Let's keep that in mind, maybe we could do
every two years raot,every six.
a little study in that. I think that would be healthy.
{
Mayor Ferre: Okay, go ahead Plummer.
a
Mr, Plummer: Let me continue, Mr. Mayor. think two years fair, coo r,,
feel that if anything It is an advantage of this Commission to have the V,
year contract because at the present time we have no other method of removing
the Manager except to go through hearings of malfeasance and misfeasance and
this gives us the opportunity,every two years,to basically give either a
vote of confidence or no confidence to the Manager,and if you don't replace
his contract and you don't pay hir,. I'm sure he will take that very subtle
19 81
}"a x1
r
l rM
r
hint very quickly and leave. Mt. Mayors z Ah very happy that y6U brought
up Dr. Sohn Dyer. And first let me state for the recordas one ;that t afi
very very unhappy that Dr. Dyer has left because he has been the single
sole spark plug of something that is vitally necessary in this community.
But the point that I wish to make, Mr. Mayor, and what you did not sayfis
that he is going to a job, and one of the reasons that he is going to that
job is because he is going to be making $90,000. But more importantly, is
Mr. St:ierheim, realizing the importance of this individual, not wanting to
lose him,offered him $75,000 to stay. Now,that $15,000 was not enough to
ove:rcome,from what I read in the paper,of the adverse newspaper articles
that had ripped him and the agency apart. I'm not entering into that dis-
cession. Mr. Mayor, you spoke of Mr. Grassie and the motions which I
made,I wish to recall to your memory that I very vividly recall what was
:said and what was done because it was your suggestion and that is that we
hire Mr. Grassie at the figure that you quoted from those minutes with the
proviso that 6 months later we would re-evaluate and if found satisfactory
the
increase it by $5,000. That was your
motion. The danger of setting a pecedent,t4rt MayorcI conuwasdyoursI notan.maemine.
It was your idea in concurrence with Mr. Grassie that for the first time a
Manager be allowed to have outside pension other than in the City of Miami
which was the norm. I evaluated that and found that that, in fact, was
true. When we realized that national statistics, and I think the most im-
portant one which you did not quote from is the average lifespan of a City
Manager in any city in the United States is 2.4 years. For him to keep up
any continuation of pension with a reasonable expectancy that when he reaches
retirement age that he will have something there to retire on is when I
voted on your suggestion to give Mr. Grassie the right to go to outside in
n of City Managers. As far
this particular case the International Associatio
as the pay, Mr. Mayor, I think each individual stands on his own. I think
the responsibilities and the duties of that individual have to be evaluated.
I think that we must recall, hir. Mayor, that in this City last year, as I
recall, the Manager is charged with the responsibility of a $124,000,000 bud
get. We learned years ago, Mr. Mayor, because you were a part of this Com-
mission when the Yaeger Pay Study was put into implementationaat your sugges-
ing people from the public sector to
tion to Mr. Mel Reese that we were losing
the private sector because we were not justifiably compensating them. It
was that study that put us across the board of a 23% increase in pay, not
to every member of the City employment, but across the board. Mr. Mayor, I
am a firm believer that if you do not adequately compensate someone what
they're worth the lattestetoor is going that better than o to take them away from us.
Mr. Knox I think canthan anyone,, that unfortunately, the
Legal Department is a training ground. That training ground is young students
coming out of law S=hool who go to work for the City at a very low compensa-
tion to get the experience and after 6 to 12 months of gaining that exper-
ience they leave because they can't live on what they're getting. Mr. Mayor,
I would only like to conclude by making a comparison, You adequately brought
out that the Off -Street Parking Authority paid Mr. La Baw $65,000 but what
you didn't say, and very crucial,is that Mr. La Baw was in charge of a budget
of 2.8 million dollars. Mr. Mayor, you yourself are Chairman of the DDA, a
group which has an annual budget of $1,000,000, 1/124th of what Mr. Gary
is responsible with.
Mayoi FcYre: You can make the same comparison with the County Manager.
Mr. Plummer: That-s right. And, Mr. Mayor, as Chairman your group voted to
give Mr. Kenzie an annual salary of $62,500 based on a $1,000,000 budget.
Mr. Mayor, I think in all fairness,I think it is fair what you said about
Mr. Gary salary and I concur on the $70,029 or whatever that figure was. Ife le
only place that I desagree, Mr. Mayor, is in the area of the one year,
that it is two that Mr. Gary or the City Manager should stand the same
scrutiny on a two year basis as the majority of this Commission does.
Mayor Ferre: J. L., I'm glad you clarified that because I only had two ques-
tions as to your statement. One is you used the word justifiable compensation
and I'm not arguing with any of that, I think $70,000 is justifiable compen-
sation. Now, the question is is $75,000 justifiable compensation?, and 1, at
this time.-ion't agree with that.
mr. Plummer: And neither do I.
mayor Ferre: And I'm glad that you agree. Now, the other point is a question
pn the two-year contract. Let me read for the record and for you Section 15
of the City of Miami. Charter's Section (a) Removal of City Manager". The Com-
mission shall appoint by a majority vote of its members the City Manager for
an indefinite term and may remove brim by a majority vote of its members. At
68
MAY 2 8 19 81
0
da f t} lu it s: h �- 77 i n t 1 tJ z' a t i,ti y f r 's
qw
47P t� 4- z
e .
i 7
least 30 days before; it doesn't say tot Malfeasance or malpractice of tiffs*
feasaheei t quote again "at least 30 days before such removal shall become'
effective the Commission shall by a majority vote of its members adopt a
preliminary resolution stating the reasons for his removal. The City Manager
may reply in writing and may request a public hearing which shall be held
not earlier than 20 days or later than 30 days after the filing of such a
request. After such public hearing if one be requested and after full con-
sideration, the Commission by a majority vote of its members may approve a
final resolution of removal." In other words, ... let me finish....
Mr. Plummer: Would you please just repeat one sentence there as it relates
to.... state the charges.
Mayor Ferre:" At least 30 days before such removal shall become effective
the Commission shall by a majority vote of its members adopt a preliminary
resolution stating the reasons for his removal."
Mr. Plummer: Okay.
Mayor Ferre: Now nowhere in the Charter is there any reference tb' malfeasance"
or otherwise. Now, the reason why that Charter was amended, and that, as you
may recall*because you and I and Father Gibson lived in the community and were
a part of all of this was because when Bob High was Mayor there was a motion
to fire Mel Reese and subsequent to that there was a Charter Amendment which
was supposed to give the City Manager a molecule of protection within what
the Charter had so that it would just not be an arbitrary firing by three
members of the Commission and it gave the Manager an opportunity (1) to be
specifically chargediand (2) for him,at a public forumito answer those charges
which was commendable and, of course, I and all of us are in favor of that.
The question before us is this: The Charter very specifically speaks to how,
we have a Manager form of government because if you want the full protection
of a two-year contract then I might betat this pointtif Commissioner Lacasa
wishes to renew his motion and Commissioner Carollo would second his motion
I would, therefore, vote with the motion to put the question of the City
administrator up to the electorate to vote upon bothlon a two-year basispboth
his salary and the individual. An.d..... You made a motion at one time, Mr.
Lacasa, you were very strong in your position as I recall because there were
two votes at the City Commission level for the so-called "strong :4ayor form
of government " and you were one of those two votes.tµ
Mr. Lacasa: On, well, that was something else. Actually, it was not my
motion, it was Mr. Carollo's.
Mayor Ferre: You seconded the motion, I stand corrected.x
Mr. Lacasa: And it was the question of the "strong Mayor form of government:.',{.
which would be brought out for the consideration...... q�
Mayor Ferre: That's right. I stand corrected in my words. E#
Mr. Lacasa: ...of the electorate but that has absolutely nothing to do
z � x
with this.
Mayor Ferre: It may have something to do with this because if you still
feel the same waylthis might be a way of putting this up to the electorate
z�
and make a decision on it in November. But that is something that we can
discuss at a later time. The question before us at this point is a ques-
tion of a two-year contract and I think that since the Manager, the Chief Admin-
istrator is not elected but is a ointed there is a specific '?
� PP 1 P provision as
to how he is hired and how is he dismissed and the Charter for that very
same reason. Now, I have been since 1970 an advocate that the County, Dade
County, and I'm getting to a point where I'm beginning to think that about
the City of Miami, is a large enough governmental entity where the Governor
or the Chief Administrator, if you will, should be elected. Now, the point.
is this, there are 16 states of the Union in America that are smaller than
Metropolitan Dade County. Can you imagine Rhode Island, Maine or South "
Dakota having a unicameral legislature of 9 which is what the Metro Commis- "aY
sion is? All elected at large not representing any districts in Rhode Is-
land, Maine or South Dakotayand that 9-person unicameral legislature select-
ing the Governor of South Dakota or selecting the Governor of Maine or select-
ing ing the Governor of Rhode Island and 13 other states, there are a total of 16?
Now, I submit to you that we're getting to the point where the City of Miami `
has a budget of $140,000,000. In the days when the City of Miami had a bud-
get of $25,000,000 and $30,000,000, when I became a Commissioner those were the bud-
gets that we were dealing with in the City of Miami. Now we're dealing with
budgets of $140,000,000 and I'm at the point where I'm beginning to question
69
Xj
F'
whether or hot it may not be time fof the eiectofate of this d6tY► Uhity to
have a say as to who the Chief Administrator and how much he gets cotapenm
sated and just let the people of this community make that decision, 1'M
not quite there but I want to say that I'm certainly there with Metropolitan
Dade County, that's long overdue that they go to district elections and that
the people of this community elect their Chief Administrator. Now, the put -
pose of a City Manager form of government is precisely so that the elected
officials deal in policy and not become in the process of the administration.
Now, there are two areas where this can be violated which I think is very
dangerous and is beginning to occur in this here City)as Ernie Fannotto would
sayland that is, one area that is being affected is1when the City Commission;
including the Mayorlbegin tampering with the process of the administration
and I don't think anybody can deny that in the past 3 or 4 years there has
been an increasing involvement of Commission activity in the realms of the
administration. Now, there was a time when the members of this Commission
all served - and I was there, I was one of them - we all had a little room
up there on the second floor and one secretary, Miriam Glowacki. I would
come to the Commission Chambers the day before the Commission meeting and
I would spend a few hours and then I would be here all day of the Commis-
sion Meeting. Now we have every Commissioner and the Mayor have not only
an office and all kinds of files and things but an assistant and secretary
ies and the whole ball of wax. And because of that and other reasons there
is an increasing encroachment on the part of the elected policy setting
board in the process of the administration. That is one danger. The other
danger in this is when you begin to lock in the administration so that in
effect without going through the electoral process the administrator has
the benefits of being an elected official. Gentlemen, I can tell you that
if that is the way we're going to go then let's go all the way. Now, I'm
not there yet but I just want to tell you that in my opinion we have to do
this, there is an awful lot involved in this and I would like to just ...... sc
that we can get on with this, ask the City Attorney to respond as to whether or
not the City Charter. as it is before us and as it exists today, we're able to
sign the contract that is before us at this time. May I ask?..just to make sure
that we answer that question.
Mr. Knox: Yes, sir, Mr. Mayor, I would like to point out that section 15 of
the Charter does provide that the City Manager serves at the pleasure of the
Commission which would preclude the execution of a contract for employment.
As I have previously indicated at least to people in the media, the agree-
ment that is before the City Commission is clearly not a contract for employ-
ment, it was characterized as a contract for compensation. I call your
attention to Section 2(a) which provides that'hothing in this agreement shall
prevent, limit or otherwise interfere with the right of the City Commission
to terminate the services of the employee at any time, subject only to the
provisions set forth in Section 3, paragraphs a and b which relate to the
provisions for providing compensation for a period of time of two years or
r£,
any portion thereof.��
Mayor Ferre: Okay. I'm sorry, Commissioner Carollo, I just wanted to get
that.
Mr. Carollo: No, I was just going to remind the City Attorney that to the
best of my recollection, I remembered something to the effect that he stated
in the previous Commission Meeting to this Commission, where he stated that
the Commission could not go into contracts and he has agreed with that but, you
know I can't help but to laugh at the playing , we're using my words here, so
George, you know, if this is not a contract, then what is it? �+. God. You know
before you answer that, Howard, let me ask you this. Did you write out this
contract or did someone do it for you?
Mr. Gary: No, this is a standard contract that ICMA has adopted and suggests
for their membership to use.
Mr. Carollo: Yes, well, but when you say standard, a lot of the figures,
the forms, a lot of the paragraphs, I'm sure that they're not standard,
everything there you're going to tell me is standard?
Mr. Gary: Yes, it is. Mr. Carollo, if you recall at the last City Commis=
Sion Meeting I met with the Mayor and we agreed to take out some of the points
that were standard because they appeared to be a little offensive or were
not acceptable.
Mr, Carollo; Undertaker, don't leave I'm going to agree with you in a minute.
Mr. Plummer: As soon as I do what nobody else can do for me I'll be ri ht
back. MA 2 8 1981
'10
} Anz
r p
Fj{ r r
Mr. Carollo: As I wad gay happen
to b in t?reeMent with the uhder�
nd
taker and that is that La Bawofrom the
0nedimoneyt �I'mldefhq initelytinaagree,
Mc Kenzie are getting paid to using the figures they
to say 9
ment with that if that's what he was trying chest before I
are making. You know, Howard,of view, let me qet this off of my When
go into the areas that 7 want to tal.wdifference with Mr pointit and express mv Grassie even
Mr. Grassie was here I had quite a bit ofintelli ent
though I have always stated that I thought Mrs probably. Grassie wtheas alowrman on the
individual. I was not tor. Grassie's pet, ,jr. Fosmot1n, I was not
at we hd,
totem pole with the last City Mana�etehlow manaon the totem pole. Frankly,
Fosmoen's pet, again I was probably htehlow
I don't really give a hoot if I'm the low man on the totem
pole agaCommis-
When your name first came up for City Manager,it came up from
's name and I
sioner. Back then I was all alone in mentioning Howard Gary
was one of the three members of this Commission that
for you,
Sir,
to be City Manager. I can't help but to shake my head and
thit the
gentleman that called me and came to my housseveral
veralptimes late at night
needed and told me how much he thought that we nee gee, you know
for
9
this City and the abuse in certain areas, high salaries, etcHoward, you know
I look no� and you know, I have to laugh. Let me say this, twi
I could be fooled one time,and it's not mY fault. But if I,m fooled
rules thece, hey,
that's my fault then. And if to tell us what
ow we're tgto you want to be paid and what
last second and you're going
benefits you want, from what I'm seeing here outside the $75,000 in salary
the other benefits are probably going to amount to another /is thatOoou are
we're talking about $100,000 a year. What I am seeing
kind of dictating what you're going to make, toago thatlsswhy uyou felt SO
o so
have, maybe you already know how it is going is that when we adver-
confident in bringing this up. And what I'm seeing le that
tised for this job as city Managerlyou knew better than most peon
applied for itiwhat the job and what benefits camewas applying. h 1tAtbecause
sameyou
were one of the few people from the inside that
t time, I am sure that if we were to have gone oa$75advertised
,000salary, not 67oase
would have known that here we're going to pay
it appeared before in the papers and so on and give all these extra luxuries
boy,
and benefits besides that,and thej�tgifeoldeHaguevhtmself woual a �ldehere inrcom-
I tell youlI wouldn't even doub, 1 in and
mand. I think we could have gotten
saseallntheydiffefine tentdqualifiedycandi-
we would have had a field day as that would have come and applied for
dates from every corner of our country
this job. So I feel, sir, that since you were aware of what the job paidt
and what benefits were given and we have neverre�eriY g ood raisetasoitnis
ankly, you've got a p Y
Manager before, Howard, fr
from what you were making before to the$67,0o0•recalllexactlywwhatmyoung
around $60,000, somewhere around there. Do y �1
were making? _
Mr. Gary: That's correct
Mr, Crolo: What is Vince
Mr, Gary: Approximately
Mr, Carollo: $65,000.
Mr, Vince Grimm: Yes,
Mr, Carollo; How many
•
� �,f � M ",�'�`�F k'r 11L{'���t.� ��iL+� d�
; 1����iftr fY}j
Grimm making
$65,000.
'1
Vince, are you the
Sir. ,
Years have yQu been path theft►? {a,
M Grimm: 31,
Mr, Car
olio; Thrty or,e years, it is just a small little detail that 31o�Qi�� brpgfiT
put when we were comparing these Salaries, a small littllek etailL1thaT
t-bink �.s quite significant, Howara, I 11 tell Y_u y '
have any problems wish me, you won't let me down, we'll still be friends
job paid
no problems whatsoever rif you feel that after you knew what the
'71 .,
groa r 2tr r 11 y 1 tt „' ,`r
!} k i
t: 3r
and you took it, that it's not eh6tghj you won't have any prohlefhs with
me if you went back being an Assistant City Manager and I want you to know
thatibecause I think that at a point in time that this City is going to
lay off more people than it ever has in its whole history, in fact, when
your administration has pointed out that we might even have to lay off as
many as 500 and 700 regular Civil Service Employees that's besides the
1000 or so CETA employees that are going, t think it is outrageous,
outrageous that you're asking for these kind of benefits, I really do.
And I'll tell you, if I would have known that you would be coming here to
this Commission and demanding this and asking for this, sir, you would not
have had my votelor for that matter anybody else that would have demanded
that including Alexander Hague.
Mayor Ferre: Any further statements?
Mr. Plummer: There are those, I understand, in Washington who would like`
to give Alexander Hague to the City for free.
Mayor Ferre: Any other statements? All right, I would like to ask that
these motions, because I would like to vote and I have a feeling that the
consensus is on a two-year contract basis. I would like to ask the follow-
ing to whoever the maker of the motion is going to be, J. L., that you
divide it into two; that you make one for the salary and the other one for
the contract because I'd like to be able to vote for one, at least.
,r
Mr. Plummer: Mr. Mayor, I assume the first motion.... "
r
f
Mayor Ferre: And secondly with regards to the contract itself I would, $,
like to be able to come.... I think the contract since the Manager has,. ,
I'm sorry, since the City Attorney has said that this is not technically
a contract but an emplo}-nent....what?
Mr. Plummer: An agreement for compensation.
Mr. Knox: An agreement for compensation and in addition sets out the duties
and responsibilities and benefits of the City Manager.
Mayor Ferre: Okay, if you go beyond those two factors, in other words money
and the two-year,it's 2 years and three months at the maximum,because beyond two years he
gets three months in addition to - oh yes, two years plus three months.
So you're talking about well over a quarter of a million dollars or something
at this juncture. So I would, when you go beyond that on the other issues
of the contract rI would like to vote on that separately too, whoever makes
the motion.
Mr. Plummer: Mr. Mayor, the first motion in order would be that the com-
pensation of Mr. Gary who is presently serving as Manager be the same as
what Mr. Grassie would have received and that is the $70,029,
t r'
Mr. Lacasa: I will second that motion.z:,r
CIF
..+�f
Mayor Ferre: Is there further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer who mpved,Jit
adoption;
MOTION NO. 81-469
A MOTION OF THE CITY COMMISSION FIXING THE ANNUAL SALARY a"
OF THE NEWLY APPOINTED CITY MANAGER, MR. HOWARD GARY, ATt
$70,029.00.
7Yiv Y {
Upon being seconded by Commissioner Lacasa, the motion was ,passed and` `ax,ry i
opted by the following vote- 4
AYES; Commissioner Armando Lacasa4�
Commissioner J. L. Plummer, Jr.x
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
Commissioner Joe Carollo.
COt=-NT ea MADE 01; ROIL CALL;
Mr, Carollo; Let me explain my reasons for Voting the way f am, YPu know we
keep referring to what Joe Grassie would have been making, what Joe Grassie
72 MAY 2 8 1981
r
Y �a4 s+t i5 7
i
would have had if he were here nowi Ybu ktibw it is almost bringing tte
point of saying, "(Where are you, Joe Grassie?" You know? "Come badk,"
Mr. Plummer: He's over on Miami Beach making $100,000 a year,
Mr. Carollo: I was under the impression that I was voting for a position e'f
City Manager, not king. I can't help but to get the feeling that the forMa
residents of ancient Sodom and Gomorah would feel right at home in present
day City of Miami. I vote no.
----------------
**Mayor Ferre: With regards to the salary I've already Explained my position
on that I think that is justifiable compensation. I realize that it is a
lot of money, 1 realize that we're under serious financial constraints in the
City, but as a member of the private sector I well understand that a corpora-
tion that has close to 4,000 employees and a budget of $120,000,000 or $130,000,000
and property worth billions of dollars that if we were out in the private
sector we would be paying a president of a corporation $70,000, we'd probably
be paying more, but this is not the private sector, it is the public sector
and the public sector even though members of the Cabinet, the Governor, a
United States Senator, the County Manager and other employees make less I
might point out that if they do make less, -and I realize that they have more
responsibility using Plummer's argument, and I think it is a valid argument, and
with regards to La Baw who got $65,000 for a $2,000,000 budget, Stierheim
gets $70,000 for a billion, 400 million dollar budget. So, you know, obviously
under that kind of logic then obviously Stierheim ought to be making 10 times more,
he ought to be making $700,000. But obviously that is not applicable com-
pletely and I think that this job certainly warrants that kind of compensation
that's what we would have paid Joe Grassie, I think that Howard Gary is every
bit as qualified and deserves as much consideration as Joe Grassie, and I
with pleasure vote yes.
---------------
Mr. Plummer: I, Mr. Mayor, I would not request that my good and dear friend
Alvah Chapman who makes $250,000 a year be considered for City Manager. The
next motion I wish to make to relieve Commissioner Carollo's conscience is
that the Manager be required every day to wear a bow tie.
Mr. Mayor, the neat motion, of course, as you have requested to separate
is the motion which would speak to the contract and I want it to be very clear-
ly understood that I am making a motion for a two-year, not one day longer, a
two-year agreement of compensation.
Mayor Ferre: From what date?
Mr. Plummer: Mr. Mayor, I would have liked for it to have started last Oc-
tober to run concurrent with the elections. I have no problem with that.
Mayor Ferre: Well, make it November, not October.
Mr. Plummer: Well, the fiscal year starts October 1, that's the only reason
I was doing that and you would make a review as to his new agreement on com-
pensation at budget time, that is a logical conclusion. Now, I would make it
retroactive back to October 1. I'm speaking to the agreement for compensation,
retroactive back - well, let me do it the other way around. That would take
it to 80 to 81, 82, right? October 1 of 82? No, not retro back to last year.
Mayor Ferre: No, he's right. October 81 would be the first year, October 82
would be the second year.
Mrs
Mr. Plummer: So it would be October 1, 82. It is less than but I would make
it retroactive back to starting time of last .... no, no, excuse me, that's not
the proper terminology, That this contract be for a period to October 1, 1982
and subsequest contracts be no longer than two years.
Mayor Ferre: J. L., in other words that's for review, and then the Commission`
is bound to review every October 1st every two years,
r
Mr. Plummer: Correct.
tt
Mayor Ferre: Okay, so there's no question there's 90 daynotice and all
of that.
Mr, Plummer: Correct, Now, Mr. Mayor, the one thing I want to make very clear
in its intent, that should the Manager be brought up on charges and found guilty
that he is not to receive any payout or buyout on that contract nor would he
get severance pay or any of the other times incorporated in this contract.
Mayor Ferre: Well, I wish you wouldn't use the word contract bec � hat
p
evidently.... 7 f
�M
Mtis P I wongtt This agreetent, eXtuse'ttier
s rr
Mr. Carollo: Well wait a minute, 1 thitik it's get 86the 96 b a iftg* Cott
know, if we're going to call it an agreeient to fat by ghat the Cityhafti'
states but everybody is calling it a conttact� then that is telling the that
it really is a contract.
Mr. Plummer: Call is a con Are you saying a contract for catnpetisatiott9
Mr. Lacasa: That sounds like you.
Mr. Carollo: How is the Grand Jury investigation and the Pgl investigation ',
going well?
Mayor Ferre: All right, come on, let's go.
Mr. Plummer; Well, Mr. Mayor, what I'm saying is that this agreement for
compensation would be to a period of October 1, 1982 and subsequesnt agreements
would be for a two-year period thereafter.
Mayor Ferre: Now, you're speaking only to /that portion of this contract which
deals with the two-year portion of it, you re not talking about insurance or
any of the other things?
Mr. Plummer: That's all I'm talking about, that is the other issue.
Mayor Ferre: All right, isthere a second to that motion? R1l4?
Mr. Lacasa: Second. b"ED tPx`
Mayor Ferre: Is there further discussion?'rfi
l { 5'7isrv�`iJs�lr'-P;kS�r*E7yErj�l4'a ,(r'�1�,'4��t��Z�
Rev. Gibson: Mr. Mayor, I want to raise a question+ €a
Mayor Ferre: Father Gibson.
Rev. Gibson: You can't appoint a man for a two-year term and all these other
months have passed, or days, and then say that you are agreeing to a two-year
term, that's not right. Listen,
l don't
theknow
timewho
you swore himwe're
infaslthe•
Now if you want to hire Howard Gary from
Manager through so that when the other Commission takes office and you want
them to have the right, that's a different story. You've got to get a dif-
ferent wording, you can't go with a two-year term because the counsel has to
tell you this, he cannot serve already used tiem because all of the people,
all of the documents that were signed
hirprior
tofrright
om now
were
til. signed
ed by some-
body else. So, Plummer, you have
hired, when does the year begin?
}
Mr. Gary: April 16th.
i who was the Manager April 16th?�� ��C4`'
Rev. Gibson: All right, , man k,f
Mr. Plummer; In the morning or afternoon?
.k atjtE{lar}fr y`,
Mr. Gary: I was appointed April 16th. ,
Rev. Gibson: No. listen to this. When did the year begin, the City's t ;
year begin?
Mr. Plummer: October 1.
Rev, Gibson: October 1, Okay, so then from what you're saying that I hear,
've got
you're talking about October passed, inthrough thelnextoCity yeartw ulde
him beginning when you swore him
start. Isn't that right, counsel?
Mr, Knox.; That is correct, but I think that Mr. Plummer made some adjust-
meat to his suggestion.
} 4h
through October oI 170L+
Mt. Knox: I think that was Mr. Plummer's most recent suggestion.
Father Gibson: But my brother, let me tell you And something. thing IOne hing
I learned, that black and white don't lie. ets to be
learned about going to school is that theEnglish
language g, what you have
very very simple and pointed. And I say
ou're trying to do is to
You that Plummer
to do is you have to hire him so that,* y and Lacasa....Do you
avoid coming in conflict ....when the Mayor and I run,
follow what's happening? If you don't do that then, then you get to be
at a point you're in conflict. That's right. So you have to hire.
Mr. Gary for less than a 2 year period. Okay. October,
November October 1 is the beginning of the year. Is that right? October,
nuary, February, March, April, May.
This is
November, December, Ja
o, you have to hire him for 2 years less 8 months
May, is that right? S
in order to be right.
Mayor Ferre: That's right.
Father Gibson: Oh yeah. If you're going on a 2 year contract, you
_ cannot express a 2-year period now.
4 h( t
In oher words,
Mayor Ferre: But that's exactly what he's dohs.g. As Itunderstand,
'y1a
what he's saying is he's not going for 24 mon
go
for an 18 month contract which terminates.Y } t
his motion is he's g g$� �3
October 1st of 1982.�""
�s
Father Gibson: Mr. Mayor...KM
Mayor Ferre: That's what I understood.t
,
Father Gibson: Mr. Mayor, that what y
ou understood. Ask any other, s
member of the Commission if that's what he or she...anybody else in�,,
this audience understood, 18 months.
I be our pardon, Father. I stand corrected. Plummer
Mayor Ferre: g Y
did you mean 24 months?
F
Father Gibson: 2 years is 24 months.
m
-
Mr. Plummer: Mayor, gee, I hope so. qk r
a Ferre: I understood that he was talking Octoberlst,`and tbst's�
Mayor
18 months. But ... M rx
Mr. Plummer: Mr. Mayor, what I said was that this agreement":., ,
compensation would run until October 1, 1982.+
Father Gibson: All right, fine, 4 W'.
rs
Mr. Plummer. It is in fact less than 24 months,
Father Gibson: Beautiful.
stipulated that from that , that
point forward ,
also st1
Mr. Plummer: But I p
compensation would be for a 24
all subsequent agreements for
month 2-year period.
I'll buy that now that you ;out that in the recorder
Father Gibson: Y -
because if you don't put that in the record, let me tell you what's
s y
going to happen My successor, of if I'm here, will contend that the
man was hired for 2 Years• And that's not w'nat's being done. You're
75 MAY 2 8 1981
ist -- -- =-
evaluation.
Va:ther Gibson: flight,
say, starting... -we're
Mt. Gary: April 16th,
April 16, 1981
have perpetual
to specify jbst like yu<
ie period of Aptil?
1, 1982. if youdt5nwt
Mr, Plummer: Mr. Mayor, once again, I want to reiterate the point
strongly. That if during that period
that I was trying to make very of time the Manager is brought up on charges, and proves such, and ,
hat this Commission has no obligation
terminated by this Commission, t
to buy out the remainder of that contract.
Father Gibson: I'll buy that.
v� ou...Mr. Knox, in this
Mayor Ferre: Well now, wait a minute. Are y
ou're...the statement made
non -contract that we're dealing with here, time the City of Miami,
by Commissioner Plummer is that if at any decides to remove
in the pursuit of Section 15 of the contract, in other words,
Mr. Gary and he is afforded the relief of the contractno later than
to come before the Commit, thenCommissionhthenan ,subject to the Charter
30 days and at that psooner t
oint,
provisions dismisses him whatever
thescityadoesenot owe sthe,
sattes
at the time, that then at
Dint former City Manager, any compensation that is being
that p if, for since there's 18 months between
proposed. In other WO of �1982,t if on the 16 h month before, this
now and October 1st affords him his
Commission decides that he's no longer the Manager,owe
20 days so on and so forth, and then concludes, then We°saying,
him 16 months plus 3 months severance. Is that what you're
Plummer?
Mr. Plummer: No buy out.
out. Oh well, that changes. then that changes the'
Mayor Ferre: There is no buy pardon. I'm glad you clarified that a'
whole meaning of this. I bet your p ,3
Mr. Carollo: Go over that again.
Knox: I'd like to, since I have this non -contract, the
{ .
appropriate provision, it appears that Mr. Gary's intention is that
the only way that he is not entitled to what we've called the ersonal
buy back",
is if he is convicted of any illegal act involving p N.
gain to h
ts
d terminate him for any reason, im. If, however, the City Comm
ission,in exercising then
power under the Charter,shoul
's intention that,once he has been
l believe that it is Mr. Gary
l=
b�=
terminated,he would then be entitled to the amount of money suggested
in the buy back.'
Mayor Ferre: But that's not what Plummer's saying. Now, there's
s�fy ti
a big difference, Now Plummer tell is saying .......
Mr, Carollo: Plus 3 months severance pay, right? LL!}
Plummer: No, that's not what I said. Let me reiterate
Fir. Carollo, I'm sorry if it's the 4th time, but obviously them
4
76
ist
`� 1.¢i",-
F3
E
Ri
mt. (continued) ; are those who don't understand= What f
3t 1 spoke to the wording of "thalfeasan�e
saying and what I have said before, P a court of law
and tisfeasance". I'm not talking about convicted by
The Charter, under what the Mayor said of Section 15, this Commission
nI
is the court of law. We are the ones who decide.
Mayor Ferre: It's not limited to malfeasance and misfeasance,
Mr: Plummer: I m saying, Mr. Mayo
r, that if in during that period of
u on malfeasance or misfeasance and found guilty
time he is broughtP terminated, this Commission has no I
by this Commission, and subsequently
obligation to the buy out, nor to any other provisions normally
afforded, such as severance pay•
x, gti
Mayor Ferre
: As determined by this Commission and not a court of law- ,f4
Mr: Plummer: That's right, that's it.
I think the point in all that is that under the
Mayor Ferre: Well,
Charter there is no provision for malfeasances armumentsthat•weAgottinto
we get into the whole argument, the semantica g .r
this morning with the Chief as to what a derogatory statement is. And you know, know, you have a right to make your motion
I think that, Plummer, y =
and I accept it and if you want to second ithetlaw,soriunderBtheuspirit
does not follow the intent in eithwither nthatder t And if you make it
of the Charter, I cannot go along
strictly adhere to the Charter, then I've got no problems and I would -
vote with you.
Mr. Plummer: It does.
a or Ferre: No, it does not. There is no statement in that Charter In
My
Section 15, with malfeasance or misfeasance.
All,thatCthe City Commission
a right to terminate the Manager period.
of to do is to let, is to let the City Manager have a day in
has g , you want to tie
court before the Commission. That s all it says. If y l
F,.
it to that, I vote for it.,"
where is our discrepancy, Mr. Mayor? 's
Mr. Knox: Well, ft
Mayor Ferre: In the description of malfeasance and misfeasance. There
is no reference to malfeasance or misfeasance in the Charter.
k'lrt i5 �ii}+i.
Mr. Plummer: Well, then the wording could read that if he is found
by this Commission... "
Under Charter ...:
Mayor Ferre: 15
Mr. Plummer: ...under Section 15
N
Mayor Ferre: That's different.
Mr. Plummer: ...of malfeasance or misfeasance, that this Commission
has no obligation to buy out the remainder of the contract. I've got
no problem with that.
Mayor Ferre: No, but I'm not going to.•.you're not ... if you add the s .+
y into a whole legal,
word malfeasance and misfeasance, you're getting
semantical problem which would have this whole Commission tied up in
f�
court for years.
Mr. Carollo: See what you did, Plummer. You got Howard Gary to blush ;f Ya4
�t
nd he
left.
t
a
Gary blushing,
Hr. Plummer: l can't imagine Howard sy,
father Gibson; Mr. Mayor... ,
Mayor Ferre Father Gibson or Armando l.acasa, either on@ Q yQLa'• }
77 MAY 2 8 1981
ist
t. tacasa, I'd like to second that o
t
gp s G1,
Mr, Mayor...
gather Gibson:
2
Mayor Ferre:
Under malfeasance and misfeasattca'i
v4 I
gather Gibson: Let me say this,..
There's a motion and a second nog
And the �oti�3� y� �fr'
Mayor Ferre: Okay• expanded b adding the words"malfeasance
is, under Section 15 as y
or misfeasance." ublic.
Mr. Mayor, let me say this to the p
gather Gibson: All right. le out there what can happen.
if that is not done, let me tell you people not feeling too good or
Tonight I go to bed, wake up with a headache, There's nothing in the
at my best. And three of us wake up that way.
s t if you have to prove that the
world which say you're not gone. But you've got to come up
has stolen and have good cause and reason,
ony side of the bed this
man of up on the wr g
with something better than I g is being
That's why the 2-year thing, or the 18 month thing implications
morning. y public, there are some serious imp
considered, because,. for the p they're
it on the table or not, You'll
before us. Now whether we're puttngright. And that means y
there. And I believe, Plummer, you'reit because you
have to have cause and you won't just come 1n and t
That'swh Plummer is
want him out for somebody else to e And don't blame him. The motion is
talking about this time element.
made, Mr. Mayor, I'm through saving what I was saving.
lse wish
Anybody
to make a statement? All right, 3f titi�+'
e'Az�r
Mayor Ferre: Y
call the roll on the motion.
Evho : rx
Commissioner Plummer,'<F
otion was introduced by.,>
The following m{
moved its adoption:
Ni
ki
MOTION NO. 81-470 w'
STIPULATING THAT
A MOTION OF THE CITY CONL*SISSI014P
FOLLOWING IN CONNECTION WITH THE NEWLY APPOINTED CITY
`Ca k 7 t ' 1
MANAGER'S CONTRACT FOR COMPENSATION:
1. THAT THE TERM OF THE CONTRACT SHALL RL:� FROM DAHTA�.
OF APPOINTAiEr+T THROUGH OCTOBER 1, 1982, AND,
THE TERM OF ALL SUBSEQUENT CO::TFACTS
a' FROM THAT POINT OI3 ,
FOR COMPENSATION SHALL BE FOR A 24-11ONTH(2-YEAR) Pi:RIOD;
y` THAT IF, AT ANY TIME DURING THE PERIOD OF E11PLOYMENT;
' 2.
THE CITY COMMISSION WERE TO DECIDE TO DISMISS THE
CITY MANAGER, FOR ANY REASON WHATSOEVER, INCLUDING -
xx THOUGH NOT LIMITED TO REASONS OF rFED`UNDER THE
MISFEASANCE, THAT THEN, AT OR
THAT POINT, THE CITY
r
PROVISIONS OF SECTION 15 OF THE CITY CHAPTER,
nr MANAGER WOULD BE AFFORDED ALL THE RELIEF G�Rr1NIFD HIM
UNDER THE PROVISIONS OF SAID SECTION 15, ,
AFTER ALL PERTINENT PROCEDURES HAVE BEEN FOLLOWED, THE
CITY COMMISSION WERE TO REAFFIRM ITS DECISION TO
TRRMINATE THE CITY MANAGER, THE CITY THEN, UNDER THOSE
CIRCUMSTANCES ,
WOULD NOT BE OBLIGATED TO BUY OUT THE
REMAINDER OF HIS CONTRACT, NOR WOULD THE CITY BE LIABLE
. F UNDER ANY OF THE COTH'F.i�SATION CLAUSES CONTAIPIED IN THE
A COMPENSATION CONTRACT. y
Commissioner Lacasa, the motion was passed
Uon being seconded by ;V
,an adopted by the following vote;
AYE$:
ABSENT:
Commissioner J. L. Plummer, Jr.
Commissioner Armando Lacasa
Vice -Mayor (Rev.) Theodore R. Gibson f
fN,3,VRV&`
Commissioner Joe Carollo
Mayor Maurice A. Ferre **
None
C-
Y1
dt
Mi ► Carollo: I not only think that this is ah 6uttAgefindtriotethet but
an illegal contract according to our City ChatteY�
alternative but to vote no.
**
Mayor Ferre: Well, what's before us, and now I'm sure it will come up before
What
a court of lawlis not whether this is orinionnot
ie withcontract.
due respects
is before us is an issue, whichtin my P is a by-passing of
to my 3 colleagues that have voted in favor ofit, clear, by-p s in
the Charter. The Charter is very veryspecific
we
have lived under the provisions of Section 15 of the Charter which was
voted upon by the people of Miami w�nanthe
last
15tyears. it
has been the guiding light for all
gewhoever he or she
problem in giving some assurances to the Manager,
may be. But I think what in effect we're doing is is this is a
subterfuge on what the Charter basically states. There isthink o mention
of malfeasance or misfeasance in t s is
hether
an addition to, and I'm sure that this is going to be tested, w
one�a contract, and whether or not this is a
or not this is
subterfuge of Section 15 of the Charter. And lastly, I want a ou're
clarificat;on of the maker of the motion. You're talking now, y
not dealing with the 3 months or any other issues other than the U
severance pay as such. g,r
Duration of the agreement.
Mr. Plummer:
Mayor Ferre: Okay. For reasons, as I stated into the reoYds
Oka anything else? f
no. y, t4 ,
t
FOLLOWING ROLL CALL:
Mayor Ferre: All right,then, I would lice t
o make the fullowi'ig motio,t. I would
like to move that on a yearly basis, and I will give these items to
the Clerk for copy for distribution, that it is the intent of this
Commisson top in concurrence with what is being done in Broward
County, and as recommended by the International City Management
Association, that this City go on record with its
Managers on ayebasiarly
basis to have an evaluation of the City Manager
but no more
subsequent to the submittal
atand
date andntimece ftohbese budget,
the Commission
than 3 months after that,
with no more than 3 months after the final adoption....
in the future,, 3 months beyond October 1st is January. NO ..well,
let's be specificPf
later than the end of January. And I so move.Y
Father Gibson: Any second?�i i
,
Is that on an annual basis?
Mr. Plummer: I'm sorry.
Mayor Ferre: This is an annual evaluation of the City administrator,
the City Managerlin a similar way that Broward County is doing
whi
Metro
and is recommended by the International
recommended to Me
k
is being
City Manager's Association.+
r
Mr. Plummer: Mr. Mayor ... well, it hasn't been seconded so I can't wkfi�'
discuss it. y
eat the motion, please.
Mr. Carollo: Mr. Mayor, can you repeat
1
Mayor Ferre: The motion is that the City Commissionlon a yearly
basis, have an evaluation of the City Manager pursuant to and following
the recommendations of the International City Manager's Association,
ly being done by the
and similar in nature to what is present
l}roward county Commission in its evalution of its -County Manager, and
MAY '91
79
ist
Mayor Ferre: ine artytrG� 0N,µ{
'y61^ i i $"J ry iF �Y eFtk�i
Mr. Lacasa: I mean, but what kind of an evalil'At�.0ii�
to be a highly professional evaluation.
Mayor Ferre: The Manager comes up
before the Co�nissioni sUbt�it� a
report as to how he's run thebCiththroughout r the years the questions,
submits himself to questions y e
and is evaluated. It is an established practice of the...recommended
by the International Manager's Association. so it's not something thatis
anything that's earth shaking or.....
Mr. Lacasa: Is there any system that is followed by... ?
ked
Mayor Ferre: Absolutely. There's a format stbeinghat afolloweds been �rand I out
by the Manager's Association itself which
like to ask Howard Gary on the record. And this is not just for you,
I think this is something that ought to apply to the County Manager
and every Manager. Do you have any objections to this procedure?
Mr. Gary: Mr. Mayor, I'd like to respond on that in that I was
the ICMA contract. The ICMA contract was
trying to do that with as
established by City Management hanAssociation. hink that
ought to,
think they ought to go hand in hand.
if they want to accept the ICMA contract, which is now being used nation —
if the contract and that agreement as a joint
wide, they should also
package.
Mayor Ferre: Now Howard, specifically my question is, in the
the at of
format that is being used in Broward County,whdoch is
owith thathe
International Association of City Manager's, you
procedure?
Mr. Gary: I cannot concur with it because I haven't seen the document.
Mr. Plummer: Neither have I.
Mr. Lacasa: Why don't we consider that...
oI will withdraw my motion if it's all right with the
Mayor Ferre: ,
seconder of the motion, whoever he is, and request that this
that '
matter be brought up, that this be distributed by the Clerk,
it be put on the next Commission agenda of the City of Miami.
Mr. Plummer: I second that motion.
Mayor Ferre: I withdrew my motion, and I've instructed the Clerk, the
o put in on the agenda for the next Commission
Manager, excuse me, t
meeting?
CIS �'�INT '�'HE MQTIDN pREVIPUSLY FADE EY MAYOR EERRE IS WITHDRAWN, r„
G XS ti sI ME,n i S
r'"'Sjr`ART&
36.
DIRECT CITY iLANAG%R TO INSTRUCT FRAlik IA. HARDER, ESQ., SPECIAL
PROSECUTOR VOR CITY, TO DEVOTE FULL TIME TO THE GAYETY THEATERS
COURT CASE
Mayor Ferre: Yes, Grace. Go ahead. We've made you wait all day.
Go ahead, but very quickly now. We're going to break up in a moment.
R kafellar.
We haven't had any lunch yet. Mrs. oc
Mrs. Grace Rockafellar: Mr. hIayortand members of the lCommission,sident
Grace Rockafellar. I live at 814 A.E. 7iat1st Stre
of the Northeast Miami Improvement Assocsaaiprivatte citizen. Wertheast xwereers
Association. I'm appearing here today a P
down here I think 2 or 3 times last year in regard to our special
prosecuting attorney this Commission hiredto
doaa s pandaall overl job, the
that's to clean up pornography in the No recommended
City, for that matter. You hired.Harder was highly 's Office.
by the then Chief Judge Cowart,andob. Now, he from wrote State A
wroteanexocellent
And the City hired him to do this
,Tampa,b Jacksonville, by Atlanta,
ordinance that has been adopted by y
Georgia, and now Broward County.
What is it you want from...
Mayor Ferre: Grace, let's get right to
Mrs. Rockafellar: All right. The thing is that they had a case againt
Mr. Harder was taken off of that case and
the Pussycat ready to go.
put on other legal matters, and has not beenover that
case ssycat�So
they lost the case. They have to start all did what they
knowing they were going to have a case brought at them, they
did 3 years ago. They immediately instigated a case of their own against
the City, and against the Police Department and myself in order
give them
intimidate the Legal Department in�hethinking
Dethat
artmentthey
3 years ago,
the same deal that was offered by P and do business
let them plead guilty to all the charges, grant them amnesty,
as usual. What here today is to ask this
forCommission
he be assigned this
ruling under which you hired Mr. Harder
pornography business, the Police Department have set aside officers to
-work with him. Those officers cannot work without their attorney, and
let's get this cleaned up.
ou're saying is that you're requesting..
Mayor Ferre: All right. What y.
ly or on behalf of the association?
are yo+i talking here personal
Mrs. Rockafellar: I'm talking for the whole northeast area.
Mayor Ferre: You're asking that Mr. Harder, that we, as a matter of
policy, because we cannot instruct Mr. Harder,but
dedicatemfullrtimeas a of pto1ey
should
tate on the record here that Mr. Harder
this issue? !'
Mr. Rockafellar: Yes.
Mayor Ferre: Until it's cleaned up. Is that what you're asking?
Mrs. Rockafellar: That's exactly right. And if possible, if possible, ;
that he could be located in an officedowntowno�'Tt'hatj'sdone, he
pwith
can do
secretary, so he can devote full time -
whatever you want him to do.'
Mayor Ferrel
All right. Now we understand your request.;`
ur. 7 Ov+P that.
Mayor Ferr+s: All right, there" a motion. Is 00TV 6
81
MAY 2 81981
t�
Mr. Yes, sit.
Ma,y6t Perre: Do you want to spe
ak to this or c •r rt i
No sir. Mrs. RockafellarIs state
Of ment was well takeno Ahd
Of course, I'll abide by
Knox. the policy of the Commission.
Mayor Ferre: Okay. Is there anything else on this? Call the r011+f'
motion was introduced by Commissioner Lacasat who
The following r?�
moved its adoption:
MOTION NO. 81-471 � <�
A MOTION OF THE CITY COIVISSION DIRECTING THE CITYxk'
A TORNEY TO INSTRUCT FRANK R. HARDER,
ESQ SPECIAL
MUNICIPAL PROSECUTOR FOR THE CITY, TO DEVOTE HIS
* ;`f
J !r?
FULL TIME TO THE CASE OF STATF. OF FLORIDA ex rel l
GEORGE F. K1dOX, JR. , CITY ATTORNEY OF THE CITY OFF
INC. < s7 MIAMI, STATE OF FLORIDA, vs. GAYETY THEATERS, r
UNTIL IT IS RESOLVED
case)
(the "Pussycat" r r,
rtr�� .y
kl pa8se�
seconded by Commissioner Carollo, the motion was
Upon being
the following -vote:
�n adopted by `
Jr. rF�
Commissioner J. L. Plumper,,s,;
Commissioner Joe Carollo
4 F
Commissioner Armando Lacasaso
Gibn,
ViceMayor (Rev.) Theodore R.�
Ferre
Mayor Maurice A.jiU
Jx, x�J{ 3 14 5 F Y L f
NOES: None
ABSENT: None
37.
DEFEF.Rk1. 0v CO::SIDERATIO.+ OF $3,000,000 REVENUE BO,;D
(Dinner Key ;:arina Project)
May re: This item on this bond issue, this is a...NS 1, this is
a resolution of intent. Now, Mr. Knox, I mean, Mr. Knox and Mr. Gary,
does this resolution of intent lock us in if we pass it?
Mr. Plummer: What's it for?
Mayor Ferre: You corrected this? What were the changes that YOU made
n this? Would you please tell us.
de in that we have removed
Mr, Gary: The changes are mathe...
Mr, #Mummer: Where did this come from? Where did this come from?
M yAx Ferre: This is a resolution that was submitted by me, evidently the
pager's Office and this is the...and it was scheduled. ouexplain ito
got in late, and this is his amended resolut.lon. Would y
me what the changes are. Howard?
h
Mr. Gary:
Te changes include the issue :a the original. intent
resolution with regard to the bond counse'.. That has been removed+
t
4-�•
k
y "�.p'^ i p eP gr rg't Et d rft�'�"" r 5� tx}fry k t
3 a.'td id bt.. a'7 c
Yt r
Mrs` �1��te� t well wait a minute, wait a mitittte noto. Mr Mayon YOU
agreed Stith me at the last followinausoodherocedun this was taken
meeting.
Off was that we really were not g g p re. Based upon
the history of 2 or 3 times that we have been denied through the State
for processing, why should we go through all of the monies that are
going to be involved in getting this process started and through, and then
have the State turn us down for permitting again, and you agreed with that.
Mayor Ferre: Yes, I did, Plummer, and I don't see any violation of any
of that in this particular thing because this is a resolution of intent
that begins the process. And what I would like, Howard, since evidently
we're going...I see we're going to have a heated discussion on this, you
schedule this for the next Commission meeting...
Mr. Plummer: Good. Then I'll have time to read it
Mayor Ferre: ...and put it on the agenda as of right now, please, so that
we don't have confusion and let's get into that issue at that tithe.
Mr. Plummer: And at the same time, Mr. Gary...
cceptable to you, to you Father, and to Joe,
Mayor Ferre: Is that a
wherever he's at.
Mr. Plummer: It's acceptable to me, with the proviso, Mr. Gary, that
at the same time ... Mr. Gary, that you provide accompanying the backup
material a chronoligical time as to how we have been denied in the past,
and where we are at the present. You know, after you've been defeated
3 times in a ballgame, you're out of the ballpark. Now, we've been
turned down, as I recall, 3 times, for permitting. And when you start to
get this running is when you start incurring cost. And that's what I'm
trying to avoid at this particular time, of incurring cost before we
get our permitting, because history tells me our permitting isn't going
to come through. I wish to God it would.
Mayor Ferre: I want to just, on the record, make sure that my intentions
are very clearly understood. We have been playing around with the
expansion of this marina now for 5 years. There has been one problem
after another and it is my intention, personally, to see that this
matter is brought to a conclusion as far as moving ahead on it. That
we not only get the designer, but we go out and get the money and
build the darn thing. And that's my only intention.
Mr. Plummer: Mr. Mayor, I agree but, you know, the first step that
you've got to take is to get the permitting, which history tells us x,
we're not going to be able to do. Now, I hope we're wrong. But why, p ,rr
spend any dollars for any kind of a process prior to getting the
permitting. That's the only thing I'm saying.
s
i i h
2 dk �jJ�Lb � I' �ISUS ,AYL ^tfl.�J ltY`{K
ti
MAY 2 81981
33. PRESENTATIONS, SPECIAL ITEMS, PI.AQLTES AND PROCLAMATIONS.
NAPOLI s Most out
Officer of the Month
Sf;T _RINARD
April, 1981, together with Officer Edward ilanek.
Officer of the Month
OrPICER EDWARD HPNEK = Most outstandingofficer
Napoli.
o April, 1981, together with Sg
City of Miami Police DeI+
artme It a MWOR WILLIX%1 A. Ha�F10\'D, JR
CAPT. HERBE_RT L. AL'ITlAN LT. RAlT10;�'D H. BILLINGTO� LT• OTIS ENT
DA�RS LT. JOi1,1 }'Ii00D JR. SGT. EL A'
N. SMITH rSI LDRED r!.
SMITH HONORARY
r•1S • LT . ARCHI E TlCiCAY ��—
HOtiORARY SGT. JESSIE HILL.
IET NA,1 VETERANS h'EEh/1%'ELC0\' HOSE VIET Nr1A1 VETERANS DAY = Pre-
V Viet Nam Veterans Center of
Tentedto Dr. Bill i�'ietz, Director,
Miami .„
DR. 11ILLIk'14 R. RE'`UART =For his of sol n behalf of bilingual s
education at Shenandoa Element r7
Celebrating her 70 years in shoe business.;a=4
DIRS. JULITA 11,11 Z
TIR. MIGUEL DE GPWNv' Y II Celebrating
his 40 years in show
u i'n;ss (rl . de Grandy is the son of Tirs. rhmoz) .
�9
G;,AidT : EQLEST OF Pam. JOHId Si4ITHrFOR ASSISTA;7Ct ,I^nIOSECTIOti
WITH THE ''LEE EVAIIS BOa- 1i;G='•T O _l.�
NOT TO E:CCEED $ 5 , 500 , ETC.
Mr. Plummer: He's here on the bowling alley.
alley. I think that's a very
Mayor Ferre: You're here on the bowling �.
simple one and we can get that over with right now.
Mr. Plummer:
Item 40.
Mayor Ferre:
Do you want
to make a motion on 1
Mr, Plummer:
What's he asking?
14T Gary • $5
500 .
y
Plummer:
much?
How m
.y ! lY`f
i`
"r-,,�'
Mayor Ferre:
It's $5000
lkk}Mi
M 1 Plummer:
$5009,
3
,
T �tvis'•
A/�' r N�� //�� 5 ry
s ty* lio, no F. E.� 1 Y;.
{-r
84 ,
ry t
rtk R ki A 1
1
go to [lavC
you re - n
y +��rr hate to do this to ��u� , but � � {
s a
cbtne back at 6-00 P-M. _+
Mf. Of the
jbhh Smith. I'm John 5tnitli 1 i mTlte eet roans BowlingrToutndffidnt
Cowling Tournament of the Americas
of the Americas is the one that you are familiar with ...
a
Mayor perre: Well remembered.
Mr. Smith: ...and its been in operation now 18 years, and last 'year
the City of Miami hosted the awards dinnureau and at the DtheynPlaza Hotel,
tell me thereI
appeared before the Tourist Information B
are no funds to do it again this yearh.We
ha vere3and uwerwere tlooking
we
ar slated to be here from the western
forward to, we have an agenda, we have reservations made at the Dupont
for an awards dinner. If you bear with me...
Mayor Ferre: Excuse me for a momentI think we can get through this.
.'
Anybody want to make a motion on this
Mr. Plummer: Mr. Mayor, I ve had the opportunity, Mr -
Mr.
sitting
on the TDC to know the importance of this, and the exposure that it is
giving to this community,
and I would move this item,Mayor.
$5,0
Mayor Ferre: Is there a second on this? Thibeen anis that
foro18 years,
Y
Bowling Tournament of the Americas which as things that I'm concerned
As a matter of fact, I'll tell you one of the liCity of Miami, and now,
with is that it used to be always strictly
you take it all over the place.
Mr. Smith: We are bringing itac back this year. We've made r
the bowlers down here
arrangements. Bear with me. We're bap, w �re having lunch at the
for pictures at the Torch of Friendship+ park
these people�',S
Marina Dade, we're taking the buses d downtown. k
over in the parking lot and do shopping r4t
g
ettin
Mayor Ferre: monies from? ttj�
Who else are you g ;r
Mr. Smith: We're getting from TDC, the Council of Arts and Science
n
forget your friends of 18 years.���,,� r
Mayor Ferre: Just don'tuzzs£
Mr. Smith: I wouldn't be here if I didn't feel that way.'
Mayor Ferre: Okay. There's a motion by...
d,
Mr. Smith: If I may Mr. Mayor, I'd like to leave you a program from
last year.
discussion?
Mav or Ferre: Motion by Plummer, seconded by Carollo. Further
AYst Commissioner J. L. Plummer, Jr.
t1 d k. ryrok3nY=�U V 'r
Commissioner Joe Carollo� d
Commissioner Armando Lacasa
r3�
ViceMayor (Rev.) Theodore R. Gibsott
Mayor Maurice A. Ferre
t�OS: None4
None �€,LCAM
7�.M .r glut ra
ABSENT: e7 r wir$ 2t }r Ph�N5.
d r fy�7 i i l b t+ �a
r , ( d 2Ms r tic { d - 5 �' x� -a
Int y
ON ROLL CALL:
Mayor Ferre• All right, in voting, I would like to make a statement
y our 18th annual Lee Evans Bowling Tournamett
�Iat,
to Mr. Smith. Mr. Smith, on y + Commission, a
you have a page that recognizes the City...the Count}
letter from the Mayor and a picture of all the members i the Commission,
and I don't see one mention in here of the City of Miami anywhere.
he front page, look at the back cover.
Mr. Smith: Look at t
Mayor Ferre: Where? Where does it say that this is sponsored in part
by the City of Miami?
r. Smith: The Council of Arts and Sciences does the whole. thing in the
M posters.
City of Miami. It's on the p
me where it says it.
Mayor Ferre: Well, just show I see Mayor Dale
y name in the back here...
Bennett, and I see m
NT PLACED OUTSIDE OF THE PUBLIC RECORD) `
(INAUDIBLE BACKGROUND COMMENT 7
Mayor Ferre: Okay. I just... 4
ram There's no reason why we cannot
Mr. Smith: This is last years prop
incorporate, want to make sure that if y g
I just you et the City
Mayor Ferre: Okay. you're getting with this vote, that you not
of Miami to help you, which y
forget who your friends are, and the City of ink thatinvolvement.
volvemenhat has .And
g you, sir, I don't think with all due respects to y and I vote yes.
been the case. Okay? Tomorrow is another day
Mr. Smith: I'll be glad to sit down with Carlos in your department
and work that out.
Mayor Ferre: I'll tell you, I would like to ask Commissioner peus=erl
and who
who is the fellow who was very close discusso LeeEvansthis�with you•reSo, would
the City in many of these thing .
you accept that assignment? And would you make sure. J. L.., that
we're properly recognized?
ack
Mr. Carollo; What time should we be b+ r
4J.
ACCEPT BID: D.1i.P. CORPORATIC+
SOLID WASTE FACILITI-SITE REDEVELOPMENT.
fit' T (`fte��bv.�i'tt3�'
7 � i
I 3
Mayor Ferre: Take up 35(a).
Mr. Plummer: Move it.
Is there a second? .This is the Solid
Mayor Ferre: Moved by Plummer.
Waste facility site redevelopment.
Mr. Carollo: Second.
Is there further discussion on the Solid Waste
Mayor Ferre: Seconded.
facility site redevelopment? Call the roll, please.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 81-473
A RESOLUTION ACCEPTING THE BID OF D.M.P. CORPORATION34
amp
IN THE PROPOSED AMOUNT OF $338,780.6�� BASEOF
PLUS ADDITIVE BID A AND ADDITIVE B
, PROPOSAL,
FOR SOLID WASTE FACILITY - SITE REDEVELOPMENT �t
WITH MONIES THEREFORE ALLOCATED FROM THE "CAPITAL
�}IMPROVEMENT FUND" IN THE AMOUNT OF $338,780.61 TO
COVER THE CONTRACT COST; ALLOCATING FROM SAID FLfi'D
iris £,t
THE AMOUNT OF $37,265.87 TO COVER THE COST OF PROJECT tf
EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OFP
F� $6,775.52 TO COVER THE COST OF SUCH ITEMS AS
.' ADVERTISING, TESTING LABORATORIES, Ab'D POSTAGE;`+�x r
hk ALLOCATING FROM SAID FUND THE AMOUNT OF $14,045.30��
TO COVER THE INDIRECT COSTS; AND AUTHORIZING THE CITYti�,'L �-
MANAGER TO EXECUTE A CONTRACT WITH THAT FIRUM „r
Vice -Mayon (Rev,) i,neoaore n, "4,-wPv44
87
41. GEL Q
UIliTERO, PATRICIA LYN, _FUE14TES, MARIA
APPOINT TO14 HANSIS, � ITY DEVELOPMENT ADVISORl' 30AF.D.
wTHITEEEAD TO ALLAPATTAH CO2.NJN
Mayor Ferre: All right, take up item 16 so Dena can go back home, now.
Mr. Plumme
r: What is the recommendation? And how many are there?
Mayor Ferre: This is appointing certain individuals as members
the
May it is the recommendation that the City
Allapattah Community —it Development Advisory
appoint 4 individuals to the Allapattah community
Quintero, Patricia
$oard to fill the vacant positions Tom Hansis,
Lynn Fuentes, Patricia...is she any relation to Patricia Keller?
Y
You can't be a...•
Mr. Plummer: I don't see Pat Keller's name in here.
• od named Patri
Mayor Ferre: Anybody cia, I'm suspicious. It's not Patricia
Maria Whitehead...
ou're sure. Okay.
Keller, y �r
b i !
An body have any ot
Ferre: Y
her different names.?
Mayor s f E�x 4
I dont' have...
�R
Mayor Ferre:
• . !1 {may, X3
I move the recommendations of the. Y
Mr. Plummer: x
names -
it. F
Mayor Wait,
wait. Father, do you have any n a}
Ferre:
Father
Gibson: No, sir.
names? Dena, no
of these are N. $ r
Mayor Ferre: Joe, do you have any having..•
and we're not going to end up
I assume,"!
controversial,
In Allapattah, they all have to be.
Mr. Plummer:,
1 Latin, 1 black,
they are
;
Spillman:
glos,
No, we have 2 An�
representative
unit
of the comet Y •
Mayor Ferre: And 1 woman..2 women.
f
Ms. Spillman:
2 women and 2 men.
other members do we have on
that?
.Mayor Ferre:
And how many
8
total of l5, 7 elected and
appointed.
r,s. Spillman:
We have a
elected,,
7 elected. Okay. Who are the people that are
Mayor Ferre:
Spillman:
I don't even think I have that here.
{,
Ms.
the Chairman?
Who isyor
Mayor Ferre:
Ms. Spillman:
Mr. Urrah.
this have Urrah's concurrence? ! U,5
Mayor Ferre:
Urrah. Does
F
�
The whole board agreed with us, yes.
Ma. Spillman:
MBypx Ferre;
Okay. Gaetes. (SPEAKS IN SPANISH)
COMMENT PLACED OUTSIDE OF THE
iN�UDI$i-E BACKGROUND
-a "`
-
'"`u'��'y--
}-
d
{ rp r a g—
i
Ahd tit3s �1A tha n i f►d tion 6f
Mo` tra Okay.
b,
i�ieea�nded
baa>td, okay, Moved bM.
Ff "
l` }
Father Gibson: Yes.
� r
Further discussion on item 16? Ca
the roil,
�t
Mayor Forte,
The following resolution was introduced by
Coftissit�he
Moved its adoption: >k
R'SOLUTION NO. 81=474
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS
OF THE At,LAPATTAH COMMUNITY DEVELOPMENT ADVISORY BOARD,
IN ACCORDANCE WITH THE CITIZEN PARTICIPATION PLAN FOR
THECOMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM`
omitted here and on file
(Here follows body of resolution, 4
in the Office of the City Clerk). aa�
? on being seconded by Commissioner Gibson, the resolution was
p vote:
passed and adopted by the following
L. Plummer, Jr.
AYES:' Commissioner J.
Commissioner Joe Carollo
Rev. Theodore R. Gibson -
Vice -Mayor (Rev.) ,{a!
Mayor Maurice A. FerreF,.,t.. -
�
NOES • None'"`e��
st 1t s.r-f" s`I
Commissioner Armando Lacas
'- v f � C
ARM�e
ABSENT:
a;r-
e=
42APPOINT RAY RODRIGUEZ AND JOSHUA HIGH TO THE MIAMI AUDIT ADVISORY
col,t1ITTEE.
(NOTE: C0*41ISSION APPOINT: JOE CAROLLO) _
Mayor Ferre: Take up item 17.
Father Gibson: Mr. Mayor, that's the one about the committee, I think,
5 people?
x
Mayor Ferre: Yes, Sir and I...a
I think I was the only one or... k,
Mr. Carollo: 5 },
i- 7 5 9( � i�'A�'4 ''•3'�� f "h� 4J��
, f
Well not 5 people.
Mr. Plummer:
9 3
GibSOn: I want to nominate JoSUa High• lie a ►' �, ':'� z sa �'
Father
Mayor Ferre:
Josua High?'
Mayor Ferre: All right, there's a motion that wetominate Mr: Josua''
rf�v�#r
High'
s do we have here?`'
Mr How many openings
Carollo; K�f ,
That leaves one opening, Jpe• you have one, Father haS,,
Mr. Plummer: and one is the City Manager or his
QnP�
one is a City Commissioner.
designee: So there's one left over,
Carollo. Might, I think each of us have one, Myself and the
Mr I
'Father were, . , MAY 81991
8
- % Ne 4 °` t t see �: . 3 tre
r N rr t �yr�%6
UUU
Mrr
r:aii, �otthditttti, yio�pn�:► i��
, piU ,
Mr, oAry! Mr. Mayan...
Carrillo: No.
Mr i
Plummer:
what it says here an the batk'7
Mayor Ferre: Go ahead, Howard.
appointedbe by the City Commis €T
Mr. Gary: There are not 5 membersto
ainted bythe City Cotr�missioti, tliie
There are 4 to be appointed, 3 apP Manager ar his
City Commissioner is to be appointed, and the City
designee is to be on the board.
As I understand it now, Carolla desigr�atec�
Mayor Ferre: All right,
Ray Rodriguez on April 23rd. Right? z
ed
Mr. Gary: Yes.
Mayor Ferre: Now, we have one more vacancy 'apen " ` y
Mr. Plummer: I have none. f*
Mayor Ferre: Gibson has just...we have one more vacancy open and I "
so I'll look for somebody and let's see if�'
have nobody at this time, :
we can come up with...now, please, remember these people have these
very high requirements as to being either an accountant, a CPA, a5'
e a name?
businessman, or a banker. Do you hav
Mr. Plummer: No.
Mayor Ferre: We've got to get somebody that meets all these requiiements.
Mr. Mayor,
Mr. Gary: one other thing that needs to be taken into to serve
consideration is the fact that you need to designate who is going
oing to serve for two and who is going to serve
for one year, who is g�r
for three.
on there. �x
Mr. Plummer: Well, let's get the other party,
Mayor Ferre: Once we get the —the one missing member naw, right.° }
All right. Who is the...we have one City Commissioner and that s t v
Carollo. Is that right?
Mr. Gary: Yes, sir. r�k
or his designee, and that you havent
Mayor Ferre: We have one Manager},� r
decided on. Have you decided who that's going to be. `
Mr. Gary: No, I haven't decided yet.
no
w ow have two citizen members, S
And the
we'x�nl
Mayor Ferre:
vacant one citizen member. r
Mir, Plummer: Correct, sir.
'
Mr. Gary: Yes.
Mayor Ferre: Okay, And then we've got to decide who the two and three
going to be. One, two, and three. Okay.
year appointees are
frankly, that...but we'll .
Well, we'll do that, and I would recommend, and we'll have a name.''
do it by lot or whatever at the next meeting, Plummer that
All right, there's
and point onaitem second by 17 Further discussian?'a
Josua High beappointed atthis
_C.'
�3•
ji
M. Lai`oi1ot Mt, Mayor, Vaa 'Lnere a iizm u..a. -- o -�
administration.. ,, ,�+ti ++
aTIrr,a.tM
Mr. Plummer: No. 9 ''�t �
+ i i �1k
Mr, Carollo. ...with different names and stuff,
Mr, Plummer: No, not at this... the only thing we were given by the . ?
administration, Joe, was a list of qualifications that you alttog't hae
to be a president of a law school to comply -
for nothing.
Mr. Carollo: Mr. Gary, do you have anything on.record on Mr. %odtgii
that was handed in to you from myself?
Mr. Gary: No, sir.
a. Sri
Mr. Carollo: Okay. How was that received?
Mr. Gary: It was voted ... the name was brought up at the last City
Commission meeting and everybody voted to place him on the board.
Mr. Plummer: Wait a minute. Do you know what's wrong? I'm reading
wrong. The way this says here, Commissioner Joe Carollo designated
on April 23, 1981. That was that office of Commissioner. The second
line which looks like it reads as to the first line, one citizen
member Ray Rodriquz appointed, was the second commission seat.
Mr. Carollo: Yeah. I didn't know where that name came from.
Mr. Plummer: I'm sorry.
Mr. Gary: That name was brought up at the last City Commission meetiri
I don't recall who brought it up and it was voted on.
Mr. Carollo: That is correct. 4 3`
Mayor Ferre: Okay.
Rl
y
Father Gibson: J. L.?;_ �a ��tEli
4��rit x`s'
'F> r 9' b' t7 k s iC ,
r 4
Mr. Plummer: Yes, Father.
(INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD)
Mr. Carollo: Does anybody know who Mr. Rodriguez is?
F:
Mr. Plummer: Who appointed Mr. Rodriguez? I assume Lacasa.
Mayor Ferre: Well then, why does it say Carollo?
Mr. Plummer: It doesn't. It's two different offices there
` z
Mayor Ferre: Oh, I beg your pardon.
Mr, Plummer: Okay? It's deceiving the way it's written.
Mr. Carollo: Yeah. I'm just afraid from some past precedent some of
the people my dear Commissioners appointed, that I'm going to get
$tuck with the egg in my face.
Mayor Ferre: Okay. All right. That's been clarified, Let's MOVO on
tp 1$, Call the roll, please,
p�s
q�eN ? •�� $ ����.� vt�..�.c�s��.���,fig�pt��'2� {�+�d�:: air +� i''. 'i7
i �
1 1 €
ry s 91 MAY
ux���C�.�Y c ��t •:i '.e. t� a 7'.�}�;+ �S�i' �dP
q
z
t
'a"
h�F,,���`
t �:, 3�� z a §{ �, { i � t et _ � f t � '�; C r�' f°`,d:x�' ^yd ���•�- nl � i
the li � i�g 1�e Diu � ► is i1A tib due
�e t6 ad6pti :
RESOLUTION NO. 81-475
A RESOLUTION APPOINTING INDIVIDUALS TO SERVE: ON T14E
rt AMI Al,'DIT ADVISORY COMMITTEE FOR SPECIFIED TERMS
(Here follows body of resolution, omitted here and on file
Rt
in the Office of the City Clerk).
Upon being seconded by Commissioner Plummer, the resolution Was
p`iged and adopted by the following vote: w='
AYES: Commissioner J. L. Plummer, Jr.
• jett k
Commissioner Joe Carollo�tf,�Y�
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre �,�•;�, �;,
NOES. None }
ABSENT: Commissioner Armando Lacasa 4 4 7{
ON ROLL CALL:
Mr. Carollo: Is that on Josua?
, '"y.r`
'£s
101
Ms. Hirai: Yes, sir.`
Mr. Carollo: I vote yes.
43.APPOINT DOROTHY LATIMORE, JAIIE GAETES, JOSE FREIXAS, MARGARITA ROSS
AND JOSE :1ENDOZA AS REGULAR MMMMERS OF FESTIVAL ADVISORY CO;L°IITTEE.
(AI TER -NA": ES : Bl"NNY D10ORE AND JOM,' BARATTE) .
Mayor Ferre: All right, now we have a Miami Festivals Advisory Committee.
Father Gibson: Mr. Mayor...
_—...... }
5 iF
i k �74y
—
rIf
qfl
retfiell, the other napes that l have is M�ade%tl
Mayor Pef
re � ested to be on, and Margarita Moss frofa Coeot ut rbVe► 5 ;
Mayor Ferret I nominate Margarita Ross.
Would You 3
Mayor Ferre: All right, now, let's see whor�xiasvis a Cuhatl, .atiM6 e '
the names? We have Ross, who is a woman,
is black...
Father Gibson: And she's a woman.
w3'
Mayor Ferret ...and she's a woman, and who else do we have?'
Mr. Gary: Did you call Mendez?
Mayor Ferre: No, I••.,�
Mr. Plummer: Gaetes.
Mayor Ferre: Gaetes is Cuban male,
We have Frexias and Gaetes
Cuban, Latimore is black and a woman, Ross I guess is Anglo, Latin
woman. , 2
Mr. Carollo: What's the first name of that Ross?
t
Mr. Plummer: How can it be Anglo Latin woman.
Mayor Ferre: Well, there are such things have one black, t othat are half and aCubans, _
I'm trying to see that we balance it. We -
and one Puerto Rican. All right, so I will go with Mendez. Jose Mendez, -
M-e-n-d-e-z. Now, we really should get one more black as an alternate.
Father Gibson: Well, let me suggest Benny Moore, who works at the Junior
College.
Mayor Ferre: Male. Benny Moore is recommended as an alternate.
Mr. Plummer: I move those names be accepted. Ymg
`
�,���,
Mayor Ferre: Wait, wait, wait. We have one more.
! t fiF�Y e .
,AV-
k �sr
Ii
Mr. Plummer: I thought it was one...
uld
Mayor Ferre: No, we have another. • r ?l tell She'syalways...wouldeBurton Landy
Ophelia Tabarez. Do you remember here.
accept?
r
Mr. Plummer: His name is here,
Mayor Ferret We don't have any —.how many Anglos do we have on
yt
We don't have any Anglos on this.
PIr. Plummer: Yeah, Margarita Ross. Or half an Anglo.
Mayor Ferre: Half Anglo. We need an Anglo. So you've got .John Baratte,
like
How about John Baratte. Yeah. He's an Anglo.
All
rsgan�Anglo?
1dSt art
to have John Baratte then. Who else do
Saxf'„ but he's in too many things already. Where's Stuart, He's usually
around here. All right, I would like to recommend John Baratte as an
alternate along with Mr. Benny Moore. Is that acceptable now.
Now,
dpes that balance it? We've got two black, two Anglos, two Cubans, ;
oae Puerto Rican. And we have Coconut Grove, we've got the north part
of town. Where does Mrs. Latimore live? In the Grove?
M "
o Ferret She works in Liberty City. That's good. And where does
ray r d�
Mir Moore work. �:<x
K ir� 2`t,3,
Esther Gibson; He wQFls at the junior college, Downtown Campus.
AYSt Commissioner
Carolla
Commissioner Joe
Theodore R. Gibson
Vice -Mayor (Re
v.)�
A. Ferre�,I��
w
Maurice
`
Mayor
%pray h ��ih4
None
NOES
„, 3
ABSENT: Commissioner Armando Lacasa
44. AUTHORIZE AGREE"TENT WITH NATIONAL INSTITUTE OF ?iLNICIPAL LOW
OFFICERS (NI"Q-O) IN ORDER TOE EFFECTIVELY DERAL DEFEND AGAINST
E%PANDED LITIGATION DUE TO
ght. We now on item number 19 which al authorizing
Mayor Ferre: All ri
League
the Manager to accept an agreewant to ent texplainathat ato us?c p
d George, do you the
Defense Fun
Knox: Yes, sir. The executive committee of the °l Institute
Mr. which is the national organizational defense
of M,inicipal Law offices, provide a leg Ise
and county attornies) has developed a plan to p
municipalities who are subjected to civil rights action,
983
fund for muniac well organized public interest law firms, who
civil rights actions by and generally target smaller
have mobilized all of their resources, bee en asked to make a
ities in order to make significant e bs in the law. And
municipal anization hav
the., -all of the cities in
contribution based on population
Mr. Plummer: Is it coming out of your budget,
Z
Mr Knox; Oh no, sir..
Mrf Plummer:
What?
nax; My budget isn't much more then
C$
Mr. f K x {�k
eQtnin$ #�Q1A� ;
Mayor Fevre; wiers
7,
194
MAY a 8181
'777
01
19k
RN;
'u
qi it RIC
W_
We'll ask the Manager, Out tet6tffaetdatibn is that tiffs"{
eftbribution is subject to the,.,
Mr. Cary! Mr. Mayor4 add this to his contract.
T
Mr, Plummer: Agreement, agreement.
Mayor Ferre: Is there a motion?
Mt. Plummer: Yeah, move it.
Mayor Ferre: A second? Item 19, the 6 igoticn and,
Further discussion? Call the rollb
The following resolution was introduced by Commisgiond
moved its adoption:
RESOLUTION NO. 81-477
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT TO PARTICIPATE IN THE NATIONAL MUNICIPAL ty
LEGAL DEFENSE FUND
OF THE NATIONAL INSTITUTE OF
NIEH
MUNICIPAL LAW OFFICERS (NIML0), SAID AGREEMENT BEING
SUBSTANTIALLY IN THE FORM ATTACHED HERETO, WITH FUNDS
THEREFOR IN THE AMOUNT OF $7,500 HEREBY ALLOCATED FROM
Ym TO AVAILABLILTY OF
THE CONTINGENCY FUND, SUBJECT
MONIES
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
P
Upon on being seconded by Commissioner Gibson, the resolution was
Passed I ssed and adopted by the following vote:
A
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Joe Carollo
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
. . . . . . . . . . . . . . . . . .
', . . . . . . . . . . . . . . . .
NOES: None
ABSENT: Commissioner Armando Lacasa
AAI "
NT) COINTY FOR ECONOMIC PLANNING
ACT1VITTES TO BE Rl.,QERED BY DE*.-",RT`1ENT OF PLANNING AND DEPAR T%ENNT OF
TRADE AND CO,IHERCE; ACCEPT AWARD OF F1*.;DS.
Mayor Ferre: The next item before us is item 24.
Mr. Plummer: I want to know what's going on here.
Mayor Ferre: Plummer, you pulled that.
Mr, Gary: Mr. Mayor, I would like Mr. Reid to explain what this
function is all about so they can give particularly Commissioner Flumme
more insight. W
,r, Plummer: Mr. Reid, especially where it says extending to March 31
Sounds like to me that's ratification rather than extending.
Reid; What has happened is that this has been a program that we
first received money for in 1979 from$75,000 from... going until
October of 1980. Then we received an additional $19,000 to carry us to
tho end of the year. At the end of the year, we got a letter from the
L
s
s tt T 5
{ 5
xz r i
� l e
U t's
fit, d (continued) Fconoi c and Development administration, befote
in that this ptogram would
tho ' after administratiotn had left town, say g
be funded to the City in the amount of $95,000 for year,
for froa period
of a year. That letter was never followed up by
Federal government. The letter was followed up by a telegram from the
to fund you to March 31, at your
Federal government that we reprepared
present level of funding, and you spend at your own risk after that.
So basically, the situation we're in is we have a letter proffering monies
from the Federal government for a year, we have a telegram saying that
they'll let us spend under this offer
dofor lthe
wastinee month Washingtonrlastthat
we've brought it to you for, and we
Thursday, and we do have some indication from the EDAtthathis weis willll be
at
funded for the rest of they year. But at this time,
weave been offered and we've really been holding it in abeyance to see
if they would clarify.
Mr. Plummer: What do we get out of it?
Mr. Reid: In terms of this money, it finances an economic planning
staff within the Planning Department and with on person in the -0ffice
of Trade and Commerce and two in Planning. Last year...
Mr. Plummer: What are they doing?
Mr. Reid: All right, I will report to you. Last year, this group
did the research for downtown tax increment financing. They did the
was adopted by this Commission. They
Biscayne Boulevard study, and it
did the riot damage report, they conduted a local review of the census,
they did an Overtown UDAG, they did a Little
Havana
hotel'Marketability
Study,
performance
and they did the Rapid Transit Market AStudy,
own, a shopping center proforma, and a
in terms of development in Overt
housing proforma. So they...
Mr. Plummer: That's what they did. What are they proposed to do?
Mr. Reid: What they are proposed to do for the remainder of the year
is to work with the community based organizations that we're funding
Y out their mission to work on Title
them to carr
in terms of assisting
we're trying to receive from EDA.
IX program funds that
(INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD)
f �
Mr. Reid: Title IX is Special Assistance to benefit the riot areas
and to work with the private industry council in terms of negotiating
({ f
more employement downtown for minorities. f;
f f �
Mr. Plummer: Are they permanent employees?emu`
Mr. Reid: They are employees that were hired, really, for the purpose
of this grant.'
Mr. Plummer: Are they so terminated at the end of the grant?
Mr. Reid: They are, at the end of the grant, they will have to compete
with other City employees if they are remaining City jobs. They are
`City employees, they are full City employees, but many of them were hired
Existing City employees would have
late in terms of competition.
preference.
Mr. Plummer: You all have a big shock coming, Mr. Mayor, l move item
24• u'.
Mayor Ferre:
Okay. Is there a second?
Father Gibson; Second.
Mayor Ferre► Seconded by Qibson. Further discussQrihroll"
*�
k
. MAY 2 81981
AYES: Commissioner J . L. Plummer, Jr.�� ,
Vice -Mayor (Rev.) Theodore R. Gibson M
Mayor Maurice A. Ferre ,, x
None k t y n ir��ft
NOES: ,
ABSENT: Commissioner Joe Carollo
Commissioner Armando Lacasa
46.
ESTABLISH NEW GUIDELINES IN CONNECTION; WITh CITY'S '-"Ti:OD 0
COLLECTING FUNDS.
Mayor Ferre: 27.
Father Gibson: Mr. Mayor, let me...
Mayor Ferre: Father Gibson. You have a problem with 27.f
Mr. Plummier: No, the only...
Mayor Ferre: Father Gibson had a problem with 27.
TL
Father Gibson: I just find it difficult to understand why you're Rg
to be accepting personal checks.
Mr. Plummer: Excuse me. TT
You know man, they can give you a fit,
Father Gibson: Personal checks. �q
Mr. Plummer: Well, what I want to know more so, Father, you know, personal
checks you're going to take a certain amount of funny paper regardless of
what happens, what business you're in. I get Funny paper in my business,
97 MAY 2 819181
S'
77777-7777 f 1.
Af
� i{ t 5 i N
��� •
��i
AWff
5I t
Veui y beieveut fit. you kh hit
teo�ttittupO
fe y }.1,3ke to the where the greatest pr6blef is is ''itt the 9a tite`tir�tt
.'�apaYttnent i hf
Mt. Gary: Exactly.
Mr, Plummer: You know, the obvious answer to that to fe is, dote y u'
Mr. Gary: What is it?
Mr. Plummer: If they didn't pay, you don't pick up. _E
Mt, Gary: Well, I don't think that's a good policy.
Mr. Plummer: That's why we're having a problem, because you think that
way.
Mr. Gary: Well, let me explain what we are proposing to do, which I_
really don't need the approval of the City Commission. There is a lien
process similar to the process...
Mr. Gary: Mr. Commissioner, if you'd like me to finish. We plain to
and we're in discussion with the Law Department
go through the lien process
now to speed up the foreclosure of those properties. Now...
Mr. Plummer: You can't foreclose on a lien.
Mr. Grimm: A lien against the property.
Mr. Plummer: But you can't foreclose.
Mr. Gary: No, you can put a lien againt it, and it's my understanding
that after a period of time you can also foreclose.
Mr. Plummer: No. Baby, you ain't learned that, but you will.
Father Gibson: Look, are you collecting the money now? Mr. Manages?
Mr. Plummer: You stand high in the line.
Mayor Ferre: Mr. Manager, you have a question.
Father Gibson: Are you collecting this money now?
Mr. Gary: No, that's the problem, Commissioner Gibson. We are now,
experiencing approximately 52% collection rate on our sanitation fee. Now,
part of that is due to the fact that we utilize the data given to us by
Dade County for tax collection purposes. And obviously all those pieces
of property are not receiving services, number .::•e. We pretty much
cleared those up. Secondly, is that the ownership has changed hands in
certain cases and we're receiving return mail. We have now hired a
cadre of temporary employees to go around to those particular properties
that are questionable to verify the data, to determine whether or not our
file is correct. We feel once we've done that, we can issue new bills,
secondly, we can put liens on the proper properties as well as the
proper individuals, and work with the Law Department to speed up collection.
Now...
511
Father Gibson; But ... go ahead. I'm sorry.
Mr, Gary: It's important in terms of what we feel that if a person
has a right to write a personal check which he has at his disposal, as,
Apposed to going to a bank and getting a certified check or money oide,
we feel that the person will obviously pay faster than they do now. ak7i•
h
father Gibson; Mr, Manager. L.�.
pl 1JI
tsz t
in.fi 14
�' v 3i +3x
Mi�� Gg Yes, sit,
Vathet Gibson: I just received yesterday, indirectly, a statettett
ftoth
Mettopolitan Dade County, Dade County Tax Collector, a bill
for a lot
next to the church that we gave a woman a life time estate in. In
the letter they said either a certified, you know, business,
or a
cashiers check or a money order. Now...
Mr. Plummer: I think you'll find that's once the account is
delinquents::'..'' L
Father Gibson: Yes. But let me tell you something...well,
I'm going
to live long enough to have you all regret going to this route. -
Mayor Ferre: No .... 1 mean, I hope you live long enough, but I certainly
let's
hope that we don't regret this. And if you don't want to do
it, not
do it.
Mr. Gary: Mr. Mayor...
Mr. Plummer: You're not accomplishing anything, Maurice. You're going to
spend an awful lot of money filing these liens, and they're
not worth
the paper their written on. It's a joke. Mr. Gary, or Mr.
Knox, is it
within our power that if these people don't pay their bill
to give them
30 days in which to do it, or we quit giving service and notify
the
Health Department. Now, what's wrong with that?
Mayor Ferre: There's a lot of poor people here, J. L. You
know...
Mr. Plummer: Well, if they're poor and they can't pay it,
form a board.
How much is it per residence?
Mr. Gary: $75.00 a year.
Mayor Ferre: See, it's one thing for Coral Gables to do it, I`mean,
everybody else charges in the world, but not everybody has
some of the
ghetto slum areas...
Mr. Plummer: But Mr. Mayor, what you're forgetting is...
s
Mayor Ferre: How does the County do it?
Mr. Plummer: ...most of the people in the ghetto don't own, they rent.
And it's in their rent that they pay.
Mayor Ferre: How does the County do it?
Mr. Carollo• J. L., let me tell you something. We have one of the
poorest cities in this county per capita. You know, you take away a
few of the nice areas, and the rest of this City is extremely poor.
Mr. Plummer: But Joe, what I'm saying is poor people normally don't
own homes.
Mayor Ferre: Our per capita is just barely below the County and State
average. Only by $100 and some odd dollars. It's unbelieveable. When
saw it I coulnd't believe it. That's because...
(INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD)
Mr. Plummer: Hey, I'll tell you, you know, no tickee no laundry. That
the way I look at it.
iY
Mr, Gary Mr. Mayor.
Mayor Ferret Yes,
Mr, Gary; I recommend this be deferred to the next City CQ=isaiQA
@eg Where we can St dQW�I aAd talk CP the City Commission.
Y ppYY �
} �p ,431'M„y
a
{ �7fir
4
A
yy;�ae. All, right, '>+he ma
admirttiatration has withdrawn tet,til
Y
1utifter: I'll vote against a deferrment, He can withdtaw its z s
F
Mayor Ferret That's what he's saying, lie withdrawing,
I thought I heard him say.
Mr, Plummer: That's what
Mayor Ferret The Manager has just withdrawn item 27,
47
DISCUSSION AND DEFERRAL OF PROPOSED PRESENTATION IN CONINECTION, WITH
"CIVIC TOWER PROJECT" IN AL:LAPATTAL.
Mayor Ferret The next issue before us, as I see my agenda is 43. Is
that correct? Samuel Marks? Is Samuel ;larks still with us? Samuel
Marks wanted to speak to us, from the Allapattah Community Association
about the Civic Tower project. What's a civic tower?
Mr. Walter Pier,-,--: Mr. Mayor, I think they were here when the Commission,,
broke at 2:00 o'clock. But I understand a representative of the developer
of this project is here and is available to tell the Commission...
I see the developer, I think, back there. On the
Mayor Ferret Okay.
Allapattah project, is that what it is? Well, anybody want to talk?
If not...
Father Gibson: He doesn't have any problems they have the problem.
(INAUDIBLE BACKGROUND PROJECT PLACED OUTSIDE OF THE PUBLIC RECORD) 4+�
E s zi
Mr`. Plummer: Well, you can at least tell us what a civic tower is.
Mayor Ferret It's that housing project.
Father Gibson: Yes, and let me say this to the Commission. Somebody came
1 said, look,
to me and talked with me about it. I said to the person,
Those people are just about ready
we gave those people the go sign.
' to do, if they haven't already started. To now
going
to do what they're going
these people is not fair. And I said to them,
try to inhibit or prohibit
I look, I don't think this matter ought to be discussed unless
said,
all parties involved are put on notice. Now, the Manager's Office was
heard. If they aren't
kind enough to afford them the opportunity to be
to let citizens go
here, I'm sorry. And you know, we cannot afford
back, and then put a
;
home and pray for 6 months and then come
barrel where the interest rate goes up as it does, and
developer over the
that business, rapidly as all get out. And I doubt seriously,
all
' going to here anything different than what you've
Mr. Mayor, if you're E g that I
heard. And we made it possible, sir. I want you to understand
But they thought I was a soft guy.F
}
tried to discourage these people.
them, look, I want to make sure you understand. Well, all
jt¢
And I said to
right. Miss Keller, we're about to dismiss tnis business. You a
�
better come quickly.
(INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD)
a
Father Gibson: Darling, it's the matter you talked with me about.e>4 �5
better go to that mike and defend your position,
Mayor Ferret Oh, Father, oh, Father, All right, Mrs. Kel1e, the" Fop
recognises you to make a statement. Co ahead.
100
Ut
M 3�,
Mfg, Steller: You'll have go forgive me, but what is the iteit?
Mayor Ferre: I will read it to you. This is signed by you. "Dear
Mr. Pierce, I respectfully request that Mr. Samuel Pierce be allowed to
bake a presentation on the Civic Tower Project. He will present an
entirely new discussion on this project. His agrument has not been
presented in any way before. He must make this presentation at the
next City Commission meeting as the building is about to start, and he,
Mr. Marks, is leaving town very soon after the meeting. Signed
Patricia Keller and Samuel Marks, over, as a Community organization,
we respectfully request that this presentation be heard as this is an
emergency for the following reasons: one, highrise apartments for
families was outlawed by Congress in 1977; two, the building is about
to be started; three, Mr. Samuel Marks will be out of town and therefore',
not be able to attend any later meeting. Respectfully submitted,
Patricia Keller".
Mrs. Keller: Thank you. I'll tell you why I didn't realize this matter
was coming up tonight. I called Father Gibson, requested that we be
put on the agenda tonight and he refused me that permission. I spoek
to Mr. Pierce...
Mayor Ferre: Absolutely not. He just made the opposite sta*o'*o^t. rhnt
he said that you came to talk to him and he wanted you to be
today. He's the one that recommended.
Mr. Plummer: I move the item be deferred to the next agenda.
Mr. Grimm: Mr. Mayor, to clear up, she came...
Father Gibson: Fait a minute...
Mrs. Keller: All right, I'd like to make a presentation...
Mayor Ferre: Wait a moment. I'm still running the meeting,
Mrs. Keller, you have the floor. Now, would you yield to Vir
so that he can make a statement?
Mrs. Keller: Yes. I do want to correct one thing, though. ]
I put in the name Mr. Pierce, I meant to say Mr. Marks. If 3
that.
Mayor Ferre: All right. That is correct. Now, will you'yii
floor to Vince Grimm.
Mr. Grimm: Yes. She came to see me and I told her no that
not be on this agenda and that was subsequently revised by tl
Mayor Ferre: Okay. Well, I'm glad we clarified that now. 1
now at this point? Do you want to make a statement?
Mayor Ferre: I make a motion that we defer?
UNIDENTIFIED SPEAKER: Mr. Mayor, and Mr. Commissioners, can
_ small comment?
Mayor Ferre: Excuse me. There is a motion on the floor, an
I can't let anybody talk until we dispose of that one way or
The motion is that the item be deferred. All right, is then
Father Gibson: Mr. Mayor, I...
Mayor Ferre: For discussion?
Father Gibson: I would be seconding this motion only for di
but I want to make sure, and I want to explain what my posit
I told Mrs. Keller this; and I don't think we need to bring
under any false apprehension. I told her that I believe tha
otther was ready to begin or had already started, and that h
money on the line, he had gone and borrowed. And that I was not going to
MAY ^ 8 1981
ial
Gibson to tty to delay anybody' Hoveti t5
(continued) : be pe
if it trade her happy, and if she had new argument, 1 would be happy
to jain in helping her to be heard. And then she went to Mr. Gritb and
is
thtough the graciousness of the City Manager's Office this matter
I do know what
here. But I want to make sure for us to delay, not
And I don't want to be
harm it does to that man with his money.
L., let's here her now.
guilty. So I would suggest ma'am...J.
Father Gibson: Father, she is not the person on the agenda. Mr. Marks
is the person on the agenda. Just because they've asked for a
these people.
personal appearance doesn't mean it's going to affect
Mayor Ferre: Mr. Plummer, the Chair is going to rule as follows, even
I respect here, and
though Mrs. Keller and I don't always see eye to eye,
herself and her community. She was
I respect here ability to represent
therefore, I construe that as a request
the author of the letter, and
be heard by her group. Now, if she wishes to represent her group,
to
that's fine with me. If Mr. Pierce is the one who is going to
one
represent her group, that's fine with me. And if Mr. Marks is the
that's going to represent the group, that's fine with me too.
Mrs. Keller: Forgive me, but I spoke with Mr. Pierce, and I had his
name in mind and that's how I...
Mayor Ferre: I'm just kidding a little bit, Pat. I can do that once
in a while. All right, the Chair recognizes you now to make your
statement, as long as you make it within a 5 minute period.
Mrs. Keller: I'm a little bit concerned about this because Mr. Gritmn
C`
�q
told me that Mr. Marks could not be on the agenda. Mr. Marks was very
We sat ... Father Gibson's...
very concerned about it. �e
Mayor Ferre: Pat, you know me better than that. We've had ourix
differences, but I've never ever denied you the right to speak, you
comparisons. I've
z
and Ernie Fannato. I don't mean... I'm not making any
never denied you the right to express yourself.
Mrs. Keller: But I'm a little bit concerned because Mr. Marks had this
presentation lined up and he...as far as he knew, he was denied the
right to speak. I'm not saying that you...
�.
Mayor Ferre: Pat, can you get on the phone, call the man and have him
come down here?;
Mrs. Keller: Can I do that?
Mayor Ferre••Yes you may. And I'll recognize you after the zoning
down here in
hearing. Idon't know how long that ... unless he can get
recognize you this afternoon, practically;.;:
the next 5 or 10 minutes. I will
speaking. I don't think we have a long agenda. Okay?
Mrs. Keller: Let me give him a call.
Mayor Ferre: All right. And I'll recognize you again.
UNIDENTIFIED SPEAKER: Can I just make a quick comment because I'm
Just a
not going to be here when they...I have to catch a plane. quick
comment on this.
Mayor Ferre: I'll recognize you to make a quick comment into the reCord�
Mr.
George Perez: My name is George Perez. I am the general partner ofio
this development. Just to clarify, I don't want to rehash what has;,
We closed on this project about 3...2 to 3 months
_ already been said.6
ago with the Federal government, a loan for the approximate amount of
$9,000,000, has already been disbursed payments have already been c�
made, the project has been under construction for a month and a half tiE
already. The requisition for the contract, the first requisition has
already been made. I just wanted to give you the status on where we
ai:e. C)1
102
�i
t
f u
r t t44 t +
,�N� t t t t r [
a +s .rr�7.�t�
W
elIer ci°hails grit f6ight a the thing tc do. t 16h"orift 'hd
to have Mr. Marks' knowledge, and perhaps I'll be 9p0-akip9 dut of tu�1t (:
to represent hits, but perhaps I should say what he's feeling cofleerried
about. I don't know...may I do that, Mayor?
Mayor Ferre: Yes.
Mrs. Keller: I don't know if you people read his letter to the editor
the day before. The lengthy...I'm going to ask Mr. Carollo and Father
Gibson to listen because I think this is so important.
Mr. Carollo: We're listening, I agree to support it. Go ahead, we're
listening.
Mrs. Keller: I don't know if you people read his letter to the editor,
that was in the paper the day before, the lengthy article that was
written in the "Living Today" section. Did any of you have a chance
to read that?
Mayor Ferre: Yes.
Mrs. Keller: You did read it. That's good, that gives us some background
Mr. Maras is a builder. He wanted to point out, and I'm not going to
be repetitious, but he had a tremendous concern as we all do, and as
Washington does, about this project. Now, I want you to know that he and
we are not opposed to a HUD project. I think we should realize that.
Mayor Ferre: That's been made clear. I understand.
Mrs. Keller: ...and I think that's the way we differ from many other
parts of the City. We are not opposed to a HUD project. We are not
opposed to a HUD project for the elderly, for the handicapped, and we are
not opposed to a HUD project for families. And these are Mr. Marks'
feelings. Now, what is new and different is this: Mr. Marks, as a
builder, proposes that this project be allowed to continue provided
that it is for one bedroom apartments, and efficiency apartments for
the elderly. And he, Mr. Marks, will show you how he can build for
families, one ... that is duplexes and single homes $15.00 a square foot
cheaper than this project that is being built. That is the essence
of Mr. Marks' presentation and he wanted you to know that.
Mayor Ferre: Why don't you go call him and see..apologize that we didn't
hear him too, that if he can come, I will certainly...
Mrs. Keller: All right, why don't. I do that, and thank you for letting
me say that much.
48. ACCEI'T SOU:rD SYSTEM EVALUATIO:� REPORT ON TF.E CITY CO'-t1ISSI0:'
C1J;:;BERS. AUTHORIZE ALTER:'ATE a"-CO'1ME-:'DATIO`; COST OF $10,000.
Mayor Ferre: All right, now, we've got 2 other items, as I see, before
us. One is the City Commission chamber sound system which is item 44.
Okay.
Vince.
Mr. Plummer:
Mayor, I
have read the memo, I am in concurrence with
f
the memo. I
think it
is something that is long over due, and I would
move at
this
time that
we instruct the Manager to proceed posthaste
to get
a system in here
so the people of this community can understandkq,r1y
what's
going
on,
14ayor Ferre; There is a motion that the City proceed with the expenditure
of $$,145 for a sound system...$10,000, is that what you said, Vince?
3 l�is'';y 4 b 1�31
4
—
t �pp ik 1
{ yFs�#.'�� 'the a1ta`ClAta f0t8aittatiil-
Mti"it"DJ^;k"pf ti _
a r ferret �boo fot a sound system in these dha
M
y� a .getdnd?
t
r
'Nit ► Carollo : Second. t i
Further discussion. Call the roils
Mayor Ferre: h
2
e following motion was introduced by Commissioner 1'1uteY� rho
The i
rio�ed its adoption: 4>
MOTION NO. 81-479
A MOT
ION OF THE CITY COMMISSION ACCEPTING THE SOUND`
SYSTEM EVALUATIONS REPORT OF THE COMMISSION CHAMBERS
AS PREPARED BY FLOYD JOUBERT, ASSISTANT DIRECMETOpATE, s*
COMMUNICATIONS SERVICES DIVISION, ON THIS SA.
jq-
AND INSTRUCTING THE CITY ADMINISTRATION TO PROCEED,
k"15 POSTHASTE, WITH THE IMPLEMENTATION OF HIS ALTERNATE
Y ,
t,. RECOMMENDATION, WHICH CARRIED AN ESTIMATED COST OF
I� z
$10,000
Yr r Commissioner Carollo, the motion was passe
Upon being seconded by
d.edopted by the following vote: �4
Commissioner J. L. Plummer, Jr. >
Commissioner Joe Carollo
t b y
Rev.) Theodore R. Gibson���;�Y�,�n
Vice -Mayor ( ����
NOES: Mayor Maurice A. Ferre
rzt
ABSENT: Commissioner Armando Lacasa
49.
ULSCI'SSIoti OF RECENT LAYOFFS.
'.10;vTiIl,Y REPORT c)N STATUS OF LEISURE SERVICES ACTIVITIES.
Mayo Ferre: How come I don't have that? Well, give the ... anybody have
a Dopy of item 45? Let me see because I have not seen it. Is there rk
a backup to 45?
Mr. Gary; There was a memo.
do
have if .
Mayor FerreI : That's why 5
Mt. pluuuaer;
I don't have a 45 back up, a.
Mr. Gary: Mr. Mayor, if you recall. we had the lay-off of 40 emplpyees*
The City
Co=tsston directed. the City Manager to come back monthly �
- to inform the City Commission of the status of the Leisure Services
!lL i 11V- Y . • • - - - - -
report itself is1really�the programs 'had hot sberss e
improvement of the staff and enlargement of numbers and the choice we can now
:
are improving. Also, I passed out to
make, we find out that our activities
you, ,just for your information the brochure that we distributed throughout the
city, fifty -thousands of these in distribution, showing the programs that are
available and the parks we have in the City of Miami. This has been received
quite well. So, we are, still offering the program that we had in the past.
Mayor Ferre: I find this unbelievable. You mean to tell me, I'm looking at
this thing, from 51 places a citizen can really call and have someone really
answer a phone that is involved in a recreation service.
Mr. Howard: Yes sir.
Mayor Ferre: That's really unbelievable. Fifty-one....for a city this size
that is one hell of a recreational service. Fifty-one....Well, if I dial, for
example, Watson Park, who will I get?
Mr. Howard: Watson Park, you would get......Information that would be given
out by the park attendants, is a passive park, there is no programs outside
of the Japanese Gardens on Watson Island.
Mayor Ferre: Someone answer the phone?
Mr. Howard: Yes, someone would. They don't stay by the phone, because there
are no activities planned, but someone would eventually answer that phone.
Mayor Ferre: If I call up any of these other places, huh? There is, well, s,f
for an example..
#1, range is that Athlete Range Park?
Xft pis
z ' ' Athlete Range Park.Ma
��
{ NM
Mayor Ferre: There's nobody there.
t y
Mr. Howard: No, that would ring at Dixie.. .Gibson Park
w
Mayor Ferre: That would ring at...���
d pick it up
at Gibson and there was a phone in
Mr. Howard: Yes, we woul
there, Mayor, and until the building was vandalized, we're trying to get ar't
public phone back in there again. Its a very small area next to Gibson Parke
Mayor Ferre: Okay, Any questions?
Mr. Carollo; Yes, Mr. Mayor. Its j"st a point that was brought up in the
administration, I had made a motion that
commission sometime ago, the prior &f
we would install the phones in all the parks within a reasonable distance
so in case there's any crimes or emergencies, a citizen would have access to
Do you know what was
them. That was in the previous administration, Howard. ..
t�
ever done with that or anything?
Mr. Gary: No sir. But I will have a report for you by next week.
VA
F
�{
Mr. Carollo: Could you please do that, cause I think its upmost important, ;
especially in today's times
r
�,• yMY���°'S f ; t if *rc� Fig t � � f ,
x 106
tM�3"_�api�s��@efx s Nr 1 r m if
�i
• i 5t {�?� �! 3�TI�i4�.lw'jiD�+3'`��'�����'�f��T
50
INSTRUCT CITY 11SANAGER TO DESIGNATE AN INDIVIDli:1I: TO REPRESENT
CITY OF MIAMI IN TRADE MISSION GOING TO ARGENTINA FOR TIDE
`ARGENTINIAN TRADE FAIR"
Mayor Ferre: Any futher questions on this issue? All right, the only other
thing I have....I've got two things, one of which I think is rather quick and
let me do that. Some time ago, I'll tell you when it was, when we had all
those mayors up from South America for the view of Miami, I guess it was the
beginning of the Trade Fair, we had about 16 mayors. Do you remember that?
At that time, a member of the press, a northern Argentian, started to ask
us to send a trade mission down for their trade fair and Julio Castanio, as
I understand it, accepted on behalf of the City. Now, the trade fair is coming
and we ain't go no committee and the Mayor ain't going .... I....somehow we
got ourselves into a bind and I have a telegram here from P. Boban,
Republic of Argentina and I will translate it as best as I can: In accordance
with telephone conversations last Sunday, we take recognization of the can-
cellation that were previously confirmed of the trip. Your argument of the
drastic reduction of the budget of the City of Miami is impossible to under-
stand given the circumstances of the image of the City of Miami tries to
project as a big commercial center.....and now all of a sudden, in the last
2 weeks we found that there is not sufficient funds. we have made meetings
with our Governors, the Mayors of major cities, and the business community
and the press. In three states of our Republic, which I understand would
obligate you, which we hope will obligate you, to re -study the lamentable
idea of cancelling your trip. After so many advanced preparations and which
were done through your consent and understanding, etc., etc., Signed by the
Director of Commerce, so on..and so forth...1:P. Boboan. Now, the Department
of Trade and Commerce was approached by representatives of the local Chamber
of Commerce of these three Argentian States of northern Argentina and all
the preparations have been made in Argentina to welcome these groups and
trade mission by the Chamber of Commerce. They came here to our Trade Fair,
they came to our things and frankly, I don't know how you all feel, but I'm
embarrassed. And I think we're going to be embarrassed and I think that this
community is going to be embarrassed. Now, I want two things. I want to
know why we accepted to be part of a trade mission and didn't fulfill our
obligations to gather together a group of bankers, businessmen, and others to
make this trade mission on June 20th. I understand there was time limitations
and frankly, the Trade Fair of the Americas was held in April, between April
and June 20th, there's 3 months and certainly I don't think that we should
have come to the conclusion in May, a month before this whole thing comes
about to, to tell these people we can't make it. Now, the second thing I
want to point out is that I feel. Howard, either Caesar or somebody in your
senior staff.... who does Julio report to?
Mr. Crary: Mr. Reid
Mayor Ferre: Well, of course, that's your decision, but I think that somebody
in senior staff should look into this thing and in my opinion think that
somebody,..,if we have to pay a trip down there, unfortunately, we're going ;q
,r,ra
to get caught with that, we're going to have to send somebody down there or
be highly embarrassed.
Mr. Caroilo: Mx, Mayor, I hope that we have something established by Monday
107 MAY 2 81981
' 5 sV'
i
Y;a ,
Mayor Verret, What?
Mr, Carollo: I hope we have softethih§ established by Monday as o a
as to where the city will be going and ti=y to acquire some additional
from this community to go. the Mayor's right. We're going to be aVfully
embarrassed if we don't send any representation down there.
Mayor Ferre: The problem is we can't be continually having Chamber of Commerce
meetings, bankers meetings and all that kind of stuff and expect all these
people to travel up from these different countries to our conferences acid our
meetings and then we accept going to somebody el.se's meetings, then we cancel
the month before. You know...there's no way you'll ever get those poeple up
here again.
Mr. Gary: Point's well taken. That will never happen again.
Mayor Ferre: so I would like to make a motion or ask that a motion be made
that the Manager be instructed to investigate this matter and select some-
body to represent the City and send them down. We're going to have to foot
the bill. And whether its Julio Castanio or Dr. Aragon, or somebody repre-
senting the community, that is something you're just going to have to do.
Okay?
Mr. Gary: Yes sir.
Mayor Ferre: Can we make..do you need a,motion for that? s
Mr. Gary: No, I don't.
S �
Mayor Ferre: Now, next thing that Ihave, a pocket`tem, ispromot.ion �f 4Ef
police officers. Now, let me explain... „rlx, ter r
aiG923 y -
Mr. Gary: Mr. Mayor, would it be...+ 1
Atn�r $i,
Mayor Ferre: I'm not going to bring it up....Y'm going to discuss it..
not going to bring it to a head today. I just want to discuss it.,
Mr. Gary: I was going to ask would be all right to send Sabines to that ;tt'
Chamber of Commerce?
Mayor Ferre: That's up to you, Howard. I would recommend that you, first of
all, through Julio and Dr. Ragon find out what this is all about. Okay. And
secondly, that you select somebodv who can appropriately represent us. Now,
if it's Sahines. then its Sabines. It should be somebody who has some working
knowledge of Argentina and that part of the world.
51.
DISCUSSION OF PROMOTION' OF POLICE OFFICERS
:.yor Ferre.,.- ,, ............. Now —promotion of police
officers. 1' habe' h' memo'randum which was sent by Mr. Kr—ise to 11owara uar%,
on may 22nd. Which is in answer to a question I had asked Mr. Howard Gary.
Father Gibson, you and I, in particular, who have been firm and consistent
and old advocates of the 'consent degree, in the whole process since the
beginning and previous to that, the whole commission on the Cohen case, estab-
lished a series of procedures which after many years of battle we finally,
I think won. Now, what we were trying to establish was that when people took
exams, first of all, we had the question of what exams were and we dealt with
that. Second was that when a register was posted that somehow there had to
be a vehicle for minorities to be selected, because what was happening was
that when 20 people were put on a register, the top 15 were white, anglo males
_ and the Blacks and the women and the hispanics were on the bottom and never
got promoted, As a consequence of our efforts and the Justice Department and
a lot of hasseling and lawsuits and going back and forth, we established a
procedures, basically. The procedure was worked out and accepted and hammered
out and everybody kind of went along with it. Then, Father, what brings this
matter to a head, is this. That a group of lieutenants, I'm sorry, a group
of policemen took the Lieutenants test and low and behold, for the first time,
by law, that I know of, the number one of guy was a fellow by the name of
Vicent A. Landis. But the police chiefs skipped over Vincent Landis and gave
the Lieutenant's job to Dean, to John, or Yong or however it is pronounced...
Dejong. Then, as you, jo dowt. the llne the first minority person is numli,er 15
and his name is I�vaLol J. AlVait':', :zL(7 FI EEii y r.i %11:, -2 1T' Er---illo �.�`>ti.�.2'n 1981
tO V
Ahg16 males until YOU
Eugene Tellas. Then the next minority here or the definition o miniotitY
The police is Manuel Diaz, number a uess,lorkat whoevertmakesethese decisions, the
and the police chief, I may 9 'cause the manager ...
manager or I would imagine it was the police chief,
this is prior to you, Howard ... I doubt very much if Fosmoen would have done this,
so I assume it is the Police Chief. Besides to jump over Vincent Landis
and you get to the number two guy and he jumps over to number 15 and lb
and picks number 26. Now, Sir, the purpose of the Consent Decree was never
for the Police Chief to jump over one minority to go to another. That was
not the purpose of it. The purpose of that Consent Decree was to get miniorities
in and I, for one, completely disagree with Mr. Robert Krause's premise, which
in his memorandum of May 22nd, in my opinion, he totally contradicts himself,
The men, the police officers themselves, and the Union discussed this matter
and came to a conclusion, against it and furthermore, it is being
petitioncuse they
before the Civil Service Board and without knowing
the have not....I guarantee you that the majority of the Civil Service Board is
not going to go along with this and I don't know how this commisssioono eels
about it, but I, for one, as a long time advocate of this type
I'm totally against what I preceivesaina mNotisuse Of �Consent
to chooseoneDecree.
Latin over another
Consent Decree was to get
over another woman, one Black over another Black. I one
Latin, one woman
, and o
Latin is number 15 on the registerthepurose of t6
heCosent Decree.
gets the job, not number 26. That was notfLatin ip
Mr, Plummer: But you see .... let me tell you. Let me remind you of a little
history, okay. And, I'm going to tell you
wthatnbasic cdecision istly that made
fought you on before and it was very unpopular,
You recall, Mr. b:ayor, there 2 words that I said that other
by Mr. Krause.
than God was impossible to do. "Demthatrnoloneyman�,eI beg thiscommissionto
words are coming back to haunt you
that
set up a board, not to put that into the hands of one individual to make
A a determination as to who was demonstratively senedlothatGod you're finding
has chosen
out right now that that's exactly what h down the throats.
who is demonstratively superior and jamming
Mayor Ferre: I want to remind this commission of a case that went to the
Supreme Court of the United States•In ion. And thatto vcase was Gibs of
these items to come up before this commiss
VS. NAACP vs. John's Committee. Am I correct, sir?
Rev. Gibson: That's right.
t made only, anI
ot
Mayor Ferre: In that landmark decision tha
the Blackhrace rofnAmerica, but all
think history honors Theodore Gibson and
urt of the United States ruled that you cannot demand
America, the Supreme Cofor
of a man, as they were demanding of ntethehpolicemChiefeof thehCity vOf Miami
the NAACP. I want to tell you I wan 's name does the
come here at the next meeting and tell me in what in God
weight and height of an indivi1lanthofficere club nything to
Wally, comememershhere and ip ave aexplain it.
do with the selection of a polCe
What does a club membership have to do, whether I belong to one club or �¢}z
another club or one association or another, that's got nothing to do with*..� l
�.
Uli
I1�4As�hu3cx7Wt...vr St.-,�k
109,
1F�' ku. Y � t r �#�, q A � r t"v ` I 7 �,i� �� �✓�y aver r x ,'n �� S�f
Y 4h"'h'"`5'�` �F}i {t � 'i f ,� � fl f 3Y'V Y Ttiy�E •� Y 1 L
3 �ti f Y
dr
Mr.ocak :mt Mayor j pity Gotli9 ssioriers r Mynk thatswhatthasRhappener isttir
Of ene a Police, 230�1 W loth Street, I'm thi
the Mayor had two different things going-,,-
Mayor Ferre: I said that that there was two things I wanted to force.
emo
Mr. Rodak: One of the things is scussedat veryevaluations.recently I waEvaluationsmareY
random signed by Chief Harms that di
er a 2 year period of
considered in promotions ovosedttoenof ethings
takeeffectonJune
that came up on new evaluations that was supp
1st had to do with education. I wrote a letter to Chief Harms to respond
within 72 hours. I talked yesterday evening with him. perhaps this talked with me d be rescinded.
verbally and he said he'd get back with
But my concerns were in education, that this was to be considered as part
of a man's evaluation, that it would effect negatively on miniority groups.
That it's been an experienpe that they don't have the education, the top
college degrees, or the schools, and out of town schools that they attend,
The complaint has been by minority members has been that they don't get
sent out of town to schools. That has been the complaint in the past anu
still is. Then we get down to the height and weight.
Mayor Ferre: But, but you know that I must, Roy,.... I'm not concerned about
that because even where I agree with you, I can see where that could be
something to be considered, but I want you .... I want somebody to tell me
what in the world does a man s weight or height have to do with such an
issue. And much more important, what does this membership and clubs have
to do with any of this?
r kirr �� r
We'opposed to this.
Mr. Rodak : re pp'
Mr. Plummer: No. no, no....where does this come from that memberships have
something to do with the selection process?
Mr. Kodak: In the memo it would be on the evaluation and the mandatory
comments that any community activities, organizations or any type of political
affiliation you may be, would be li__ted on the mandatory comments of the
evaluation and we are strongly opposed to this. We made —we made our comment
to the Chief in reference to this. We had sat down and discussed this. We
nal life on the outside, whether he belongs
feel it has no place, a man's perso
to the Republican party, Democratic Pary, or any other organization, to be }
listed as part of the evaluation and mandatory comment.
Mr. Plummer: But, but...
I disagree, Mr. Mayor. Let me tell you something
You take two men, okay? Let's say they're both minorities. Put it in your f
damn involvement at all in civic activities. He
realm. One doesn't do a
s TV. The other guy wants
Stays home, drinks beer and watcheto better himself.'
So he gets involved on his time off.
Mayor Ferre: You talk to Gibson about that how those things are misused. I,
,.
think, that's the positive of it. The negative of it is, that if I've ar
member of the NAACP or a member of the Johr, Birch Society or I'm a member of
e Hare Krisna, that's my business, man.
that or the Christian Church or th+ {
Plummer: Mr. Mayor, I'm not speaking negatively. He said c6mmunity
evaluationt,
I think that should be a part of an
involvement, civic involvement. r,{fi
Mayor Ferre: You and I disagree.sil
4
i
Mr. Plummer: That's nothing unusual. You know ... now,...let me stress another
how does that effect? I'd tell you how
point. A man's height and weight,
it effects, very simply how it effects. Mr. Kodak, without mentioning any
names, do we know a man who just got out on disability, because he was about
400 lbs, and could hardly walk?
k r�{�+
+�s{,r
s, ti EI
MAY 281981
77777777--
--pl, WK.fin
-
A _0 k
.3
'0IM M PER", 4 Fl.
ett i d6ti't khOV wh6 YOU "f'" t6
Mr, Plummer: I'll tell you after the meeting, because you 166k at I the �ehbibh
board and he went out on disability. It damn well affeCtg# bedause you Pr6a
moted that man to a lieutentant or one promotion above and then he files f6r
disability. He gets that disability for life and what in effect you're cl6ihqt
is promoting him to give him more disability. Height and weight does have
something to do with it.
Mr. Carollo: How many 400-lb. officers do we have? How many 400 lbs, officers
that we do have that have gone out on disability? Come on now:...
Mr. Plummer: Mr. Carollo, you know I could sit here and argue the point all
night long. I'm arguing the point that in fact a man's height and weight
can have a bearing. I'm not saying it such be an overriding...
Mayor Ferre: J.L., as I said at the outset this is not for discussion or
for conclusion tonight. I'm asking the Manager formally to release through
this meeting, that I would like two things placed on the agenda for discussion
at the next Commission Meeting. One of them is, the whole procedure of how,
all of a sudden, for the first time, we leapfrog, from one individual to......
I thought it was only being done to Latins, you know, minorities. All of a
sudden I find out that it also happened with a white, anqlo male and that
the Consent Decree and the Cohen would you believe. wAs ,spa ns the
vehicle to achieve that. I just...... and whal- shocks me ever, worse, the guy
I'm really upset with all due respects, is Bob Krause. How in God's world,
can a man who has promoted so. -strenuously the upper mobility of Blacks
and other minorities, and then I have here, his Civil Service Board testimony
and I would, I would.. -I want every member of this commission to receive a
copy of the February, March .... April 14th, 1981, Civil Service Board Testimony
of Mr. Robert Krause when he was being questioned by Captain Witt, who
sits on the Civil Service Board and he hemmed and hawed and beat around the
bush and didn't answer. Then I get the answer in this memorandum dated
May 22nd from Mr. Robert Krause which I assume the other members of the
commission, have or should have in which basicly, what I understand he's
doing is answering Mr., Capitan Witt's questioning. and on page one .... he
says, 'on Rule 8 provides that for each promotion the names of the five
highest persons on the Register will be certified'. Now watch....'plus
names of 3 minorities and women, who stand highest on the Register.' Then
he goes: 'if there is a second vacancy,' which in this case, there is, 'two
more names are certified. One from the top part of the Register and a
second from a member of a minority group, who ranks next highest, next highest
on the list.' That's on page one. But then on page two, and this is what,
you know....blows my mind. At the top it says 'under the Civil Service rules
the Police Chief has a right to use his judgement in deciding which of the
certified candidates will be promoted. This grant of discretion permits
him,'.... now watch...'to promote minority candidates on an equal basis with
non -minorities, in order to meet the promotion goals of the Consent Decree.'
But he hasn't promoted on a equal basis. He promoted number 26 over number
15. And that's not acceptable to me. And I tell you that I'm sure we'll
be dealing with it anyway, because the Civil Service Board is going to change
the Rule and I certainly going to vote to appear to ul.liold them, and if they
don't, I'm still going to vote that..that... that this might be mandated in
a very good clear terms. That they are not... that the Chief and Mr. Krauss
aft not to use, what is in my opinion, is almost a sacred thing that we've
done here, which is the Consent Decree, for the purposes of promoting one
less qualified minority over another more qualified minority. That's a
subterfuge Of a hell of a lot of work on a lot of people's part.
We 1 11 bring
the next City Commission agenda.
ill
52.
RESC1iE m PrGULAR CI"',' CotrAISSION 11EETIVG OF JUNE 11, 1931
TO TAI:E PLACE ON JUKE 3, 1931, AT 1:00 P.11.
Mayor Ferre; The last thing on the regular agenda, gentlemen, is the next _
Commission Meeting date. Commissioner Carollo requested a changed date:
He says he is not able to be present on the llth and I would, therefore, out
of respect to him, as we usually do in these cases, defer and see what other
date we can meet.
Mr. Carollo: Would the rest of the commission be opened on the 8th?
Mr. Plummer: No. Not a Monday, Joe. Monday's my worse day. r,
Mr. Carollo: You got appointments ready for Monday or....?ry x,
Mayor Ferre: He's....He's... buries them on Monday.
,b
IN
Mr. Plummer: Z catch up on the weekend.
`lr
��u p
Mr. Plummer: When are you going out of town, Joe?
Mr. Carollo: Well, I'm supposed to leave, if not the 9th, the loth, J.I,. ,� 3
k
That's why hoping on the 8th. j
Mayor Ferre: You're not going up to your tomato farm in your sports car,; r
are you?
'
Mr. Carollo: Well, I'd have to leave and not mention that I'm not open to, '
the crime in the other city. f� "
Mayor Ferre: All right. So what date? h
Mr. Plummer: How about the 18th? 1
Mayor Ferre: No sir. No sir.....Oh, yes, I can ma%e it -on the 18th.' Max
Mr. Plummer: Joe, the 18th?`°`
:k� t h ftt'it��I'Sv'Y
Mayor Ferre: Oh, I can't make it on the 18th.
Mr. Carollo: Is there any way, Dale, that we could make Monday? It shouldn't.`
be a long meeting. Maybe start a little later, or something? }
Mr. Plummer: If you make it start at 11 o'clock in the morning, I probably
can make it.
Mr. Carollo: Will that be all right?
Mayor Ferre: Eleven o' clock?
Mr. Plummer: It's going to be a short agenda. Would one o' dock be a9Xee-
able? Mr. Gary, a short agenda, would one o' clock be agreeable with you?
Mr. Gary: Anything short would be agreeable with me, Eight....
b
Mi. plummer: Make is one o' clock, I prefer that.
M city Commission Meeting.
Mayer Ferre: One P. .- Y
Mr, Plut►�tner; I hope my office will make a notation of that, „` f
�:.
Mayor perre; All right, is there any other problem while we're doing this?
112 MAY 2 81981
sp
; 1a a
� S H
V
Mayor rdrr6 .tin sth is the e t o a
Mr. Gary.' Mr. Mayor. Are you going to permit us to.tsi don't want to
say violate...the five day rule, because most people in the city administra-
tion is geared to June llth for presenting information to you on the lst.
Mayor Ferre: As a matter of fact, I think its only fair, Mr, Manger, that
if we, that if we accelerate and have your meeting on the 8th rather than
the llth, it is unfair for you to have....five days before...would it make
in on Monday. And that's impossible. Well, its acceptable to me, if its
acceptable to the rest of the commission. I think we ought to go to a
2 day rule so that at least its not cold off the press. Can you do that?
In other words, let me put to you this way, can we have it by Saturday morning
or Saturday mid -day?
Mr. Plummer: Friday night?
Mayor Ferre: Well, they might not be able to do it. Howard, what I'm am
saying is that I'd hate to come in and to have to ....and not have an
agenda, until I get here at one o' clock Monday. But I think that by Saturday
mid -day would be acceptable.
a
Mr. Plummer: Friday, at five.'r
Mayor Ferre: Don't push it, J.L.
Mr. Plummer: Hey, that gives him 8 days.
Mayor Ferre: Can you do it, Howard? He can't say it, Howard, 'beause`there's
no reason to push this thing.
Mr. Gary: I would rather not push myself to that extent. I'd rather
have a meeting after the llth, if at all possible. Because what's going
to happen is information is due now on the 5th and if its due on the 5th,
that's what the department is geared to provide information, because...
Mayor Ferre: I cannot make it on the 18th. I could it either,... I could
make it on the 17th. Let me double check and I've got to talk to Marie
again. I'm at the 17th...oh, I'm in June, right? Yes, Morth Theresa is
- coming into town, by the way. All right, I could make it on the 16th, Tuesday.
Will you live with the 8th? Are you sure now? And at what time will the
agenda be finished? Friday night?
Mr. Gary: Yeah, let me get it to Saturday morning.
Mayor Ferre: Okay. Is that acceptable to you? Father? Is that acceptable
to you Joe? Is that acceptable to you? J.L.? No?
Mr. Plummer: Mr. Mayor, I don't know for certain, but I think I'm going to
be out of town on Saturday and that is why I was hopeful that they would£tik
deliver it on Friday.
M�
Mayor Ferre: Going to Columbia again, huh?�
Mr. Gary; We can make every effort to get everyone an agenda by early'
Friday. a
rF
Mayor Ferre: Early on Friday... earlier on Friday, so that J.b. can h4vo
it for his trip.
H4 s r r.
Mr Gary; lies sir:
WIN �. d � ''�. r 4; .,
28 'i981
on who s dfiting
''g°"
Mr plummier:
s
ends
DepAN
the extra weight
°
Mr. Carollo:
Especially all
p
_
li have it Friday atei$�1ti - ,k
Mayor Ferre :
ou'
All right, Y
IM
Mr. Gary:
Yes sir
4 ��'�
�P t a 3 Kag t £
_
(ry!u
Mayor Ferre:
Okay.
i
Harm :
Mr. Mayor, we need a motion on this change.
Ms.
that direction.
Islthat
there
Mayor perre:
We're working in
not on the llth,
the 8tr,of Je
buton
the next commission
meeting be
be delivered to
the members of the Commissit�n
starting at
1 p m and the agenda
Friday afternoon,
and into the evening?
Mr. plununer:
Move.
Mr. Carollo : Second
x f
Mayor Ferre: Call the roll,
resolution Baas, introduced b Cotsrnie5iel�ef pli►ef r : Who mode
The following y
its adoption:
,
RESOLUTION No. 61-480
p, SOLUTION RESCHEDULING THE REGULAR CITY COM14ISSION
PLACE ON JUNE 8 , 1981�'
t MING OF JUKE 11, 1981 TO TAKE k �
AT 1.100 PM.
4fr
t i f7
(Here follows body of resolution, omitted here and on fie
in the Office of the City Clerk).
,Upon being seconded by
Commissioner Caro
llo,_ the resolution was passed ;a#
adopted by the following voter
Mr.
Plummer, Rev. Gibson
AYES: Mr. Carollo, and Mayor Ferre.
is
NOES: None. }v
ABSENT: Mr. Lacasa.
Ferre: Now, while we're talking about meetings and then we
have toy
Mayor
get to the zoning agenda.
Mar. Plummer: I've got a couple of items.
there any problem on the 25th? Does
time of being here for the Commission
the 25th day of June? okay)
Mayor Ferre: is there any problem? Is
anybody have any problems at the present
Meeting which is presently scheduled for
Mr. plummer, Chair recognizes you.
_;; ;,) ; ] k1:i'"1 AT)"ll': LSTRATION TO ADVISE W2? iISSIO'.� I r TI;L1' IlA\'L \OT DELI'
"ill CO?:i'LCIE LABOR ;NEGOTIATIONS BY JLi.Y 17T1:. T,,,J c
HA I' AD"SI'.dISTitAT10, PRESF-N BUDGET TO CITY Cal.-•Ic "IO.+
think
l,doing
Plummer: I want to remind the administration that
this commissionthat
it well in advance that there is a motion of policy
not been able to complete
_ on no later than the 15th of July that if they
t that matter is to be brought before the
labor negotiations contracts tha
commission. Second of all, T'm asking the adminstration when we G coo n§
114
r
G�
A
{ Pi t C M,45n7A
ro
.{ W�bhr�,:•r a
~xs?� ��
I t
f'f'1' ['1.'i' a ML z N lC3k` i YY 11 h' 1 S t_h� uC.0 t „i,'. I r r : if r '� t•s;:z
., .. .. ... s.r ...
54 CLARIFICATION, By C01'•1ISSIONER J.L. PLU%IMER, JR. OF CONFLICTING
NEWSPAPER ARTICLE REGARDING PROPOSED NEW STADILPI
Mr. Plummer: Up or down. Mr. Mawr, the second thing I want to bring to
your attention, seeing as how the morning journalist paper comes out and
before some members of this commission could have got a copy of what is re-
ferred to as the which comes out the evening prior to
the regular edition, I would like to show you what I consider two directly
opposite views on the same matter by the same writer and I don't want anyone
to scalp me before they understand what took place. This was the headlines
of the 'bulldog edition' and it says: 'new football stadium ok'ed'. Now,
Mr. Gary and I attended that meeting and I don't know of any stadium that was
okayed by the new sports authority. Now, then you pick this morning's paper
and I think that this would be a fair representation, which is almost a
direct opposite of the night before and this morning the headlines reads; 'panel
favors new stadium'. I think there's quite a difference between okaying a
new stadium and favoring a new stadium, Mr. Mayor, the morning paper is correct,
We did given all the problems of fiscal restraints, all of the problems, we
would...I think that everybody would like to sce a new stadium, if it is
financially feasible and everything, but in no way, Mr, Mayor, because Lacasa
would be the first who would shoot me first, did we okay a new, a new stadium,
Mr. Mayor, we did have our first meeting yesterday. I indicated at that meeting
that in fact, I would be bringir;y back the concerns of this commission. They
thought so much of that; that they made me Vice -Chairman,. That was their waY
of getting even with me. mi .
Onlytime will <<_11
hut.
two editions of the
rt,... G ,�G�
The.. Aet the
Mr. pltittuner: Gjeire is going to defnafid p4t1
cussion of the ;�',iaitii Herald,
Mayor Ferret I don't 'mean to get into the dis
themselves better than anybody else.
because I think can defend t
that they idifference between who
But I learned time ago, J.L., that this a bg And some -
writes
the story, who edited the story, and who puts the headline.
ere i
times there is, also, a big difference fourth difference, is that the
Editor or the City Desk Editor, who requests the story or orders the
Managing
writer to go write the story ..... I learned time ago, and I say this in all
sincerity, the writers, the working press and the Miami Herald, and that goes
I think that we've got so
e e
for Bill Gjebre, are second to none guys
guy hand thisst,
young talent in the country. My problem is never with those g y
in
9uY
that wrote that —that wrote that story•..Milton...happenst o be,And I've
opinion, one of the sharpest reporters I have seen in a ong
seen a lot of them. He's fair. He's straight• 2 problems with thes tough. Let me there
got 2 P Miami
the problem of the Miami Herald comes. I've writes the head -
the got a problem with a guy 10 times
who in point. That's typical. That happens
lines. That's a good case
Herald. Three problems.
ot a problem with, is the City Manager or the guy
a week. Second guy I've g
that sits there, Editor, who makes the decision who get assigned to what
know how 1
and tells them to g° find that been•watchingAnd yot'that "Lou Grantn�'}' dNowtthis? Iknow
I've been watching T.V. I � „ •.it's nothing like that...
all about the Miami Herald, see? And the gu},Sthat sit together in that glass
the guys I've got a problem with is these guy
room and decide what story goes and what story doesn't
dand what headline gets
put on it. Those are the bad guys, in my opinion.
can tell them all, that I don't have along
the°n't like line, whothas.gotnallhthese reasons
the big guy at the top, somewhere along These guys have
why he wants the story and says now you go write that story.
st of them, they come
aroblem. The problem is that moout of school, and
P reall
they're clean, idealistic kids and theylistenybelieve
going on. And they get told. But you toFerr,tPlro
ummernGibsonuandion
all those guys down there, who are always trying to confuse you. We run a
newspaper straight and honest. But
2}laneiumober21getstell
orderslfromthat
numberel•
2, number 3 gets orders from number
Now, number 3 doesn't really know what number 1 wants, but its thereon And
we want to prove this....you go write the story x5r
what it is is, hey, press, he doesn't,�rt
and such and when it gets down to the guy on the working to
s
r..
know what's behind it.
Sometimes they can
donuteknow it owhaut,estthe axvisgotTh �'
go do a job and they report the job. They
ax is done back there in that °dathe°Oaotalotat dofsharm sometin't havo mes..
so, one
s
I know Y
so, these stories, J.L.► misleading, but this is what
didn't any harm in particular, but they're very �
we've got to live with.
Plummer: Mr. Mayor, I think what the problem is you've been watchingtF��
Mr. been watching, "Quincy."
"Lou Grant" and they've
Quincy . is that you?` }
Mayor Ferre: Q Y••
Mr: Plummer: That's the medical examinor. The coroner.
Ferre: Okay, let's go. Dear Mr. Mayor....this Thursday Mr. Marks
Mayor resented and as he has been denied
has added info other than what I have p
eak, he has already written a letter requesting
permission by Vince Grimm to spr
possible....all right, that's
to speak as soon
after ed to speak tonight, he would have
the 27th of June, as nfhere
Had he known that he would be allowwe `
tonight. Well, I....woulWOuld ask you the Manager would put .this lon the
got"
ali..,.screwed up.,.and Z k
agenda for Mr....Mr. Vincent,... is it Vincent? Pearce Marks...or is it Marks
M.
hi Sad f � ��tcni�^a" L i�''" �• �tY_ df 1 � 5 � 4j..t �. S N
y'xf' -Ina -
�}
16
W-1 �
iaybr F'erYee (continL) Fierce? On the 25th of June,40That's the closest
to the 22nd? All right, very good. We're now or, the regular agenda. Is
that right, Dale? is there any other pockets? What? (inaudible response)
I mean, any zoning agenda?
55.
BRIEF DISCUSSION INRE WATSON ISL&ND PROJECT
s
i+rit iCt". i t e, - i r
Xeah' All x3 ght;w `will now ;begin the foremost.... I guess the
F:rrr�,'
regular meett, is' " coming to a end and we're now adjourned and we're now
w
on 7:pM"agenda: ":..and we now have item 01. Ladies and gentlemen, our of
-the
refezence to you, I wi11 try, to think of items where there are people that are
here and I will ask you to raise your hands on those items where there are
people present.
Carollo: Mr. Mayor, can you inform the public, since we're short of a
like to
Mr imember
of the commission that they can aefer, if ti,ey WOulu
Mayor perre; We're short of one member. There is only 4 members of the
here, if any of you wish to withdraw your item? I'm sorry, not
commission
wi.thdraw,.Beg your pardon... To defer your item to the next commission meeting
1.which will be on the`25th, due to the fact, that there's no full commission,
that is something this commission will consider. Now —who is on item
Hands. .Item #17 Dade County Port Authority? Item #2? One person? Is this
controversial item? is anybody here against Item #2? All right, we'll
a
hopefully take that up very quickly. Item #3? Item #3? First reading,
pi,;arning Department: off Street Parking, Loading, Reduce Tenders and Compact
Dmensipns, one, two, three, four people, four people. Item #4? Item #4..
raise your nand. Two people I see, where's the third? I see two. There's
that. Item 5? one, two. Item #6? Item #6? Nobody on Item #6.
two on
Item?? One, two, three, four, five — five five people on 7A. Same thing on��'.,�
'
7h, right? Eight? `here's where a lot of people...One, two, three, four,
7°
five, six, sevenr eight, nine,,..nine people on Item #8. Item #9? Nine?
one person, Iterc, 10? One person. Item 11" One person. Item 12? One,
14? All we'VP 94
typo, three,' four,, five, Item 137 Item 13? and Item right,
lot of „,,one, two, three, four, five ... about 20 people.
a �eo��e
117
Z
Mr. McMAfiu§ s Mr. Mayor, We've a Pltbbleth oh te1S1 in 'I`e a eiide tt� the
Stbir 1, Central Island Districti a at`e q%i 'j to aditiini`stratively wtith raW
that item,
Mayor Ferre; All right. There's a withdrawal of Item 5, There are two
people who are here on Item 5. Who are they? Do you have any problems with
this withdrawal? Do you have any problems, Janet? You requested the with-
drawal. Okay, No problems with the withdrawal, is that correct? So, Item
5 is withdrawn. Okay. Is there anybody..,..
Plummer: Is this matter going to come back Up later? Bob?
Mt, Traurig: Yes, Mr. Plummer, I was advised there might be a quest,bb
about the legal notice.
Mr, Plummer: So, you're not withdrawing, you deferring it. OkayV all
right...there's a big difference.
Mayor Ferre: I would hope that we can work this thing out. I've got a
respect for Janet. But You know she's gone in and you stopped a whole
bunch of projects, and I think that that in some cases what you've done is,
as I understand, I don't have the in story yet, but some of it is very good.
But I'm also distressed that stopping projects that are going to get going
eventually and all this technicality on proper notice. Now, for God's sakes,
I hope its not an admission of guilt, or whatever it is that we're supposed
to do, but I hope that we notify people properly, so that we don't always
get up on this technical problem of proper notification.
Janet Cooper: Mr. Mayor, the city did notify the people properly and I would
have no objection to the notice. In this case, what was required by law and
what was objected to in the previous case, was still not done this time.
Mayor Ferre: Well, it seems to me, Janet, that you have kind of made your
point. And as the old saying goes, is to get their attention and you've
got an two by four and cracked a lot of people right smack in the middle of
the head.
Janet Cooper: But, they're still not doing it correctly, Mr. Mayor, and there
is nothing I can do about that.
5
Mayor Ferre: You don't seem to be able to understand that, so...I don't know,'
But it certainly is is not beneficial to the developers it seems to me.
Mr. Plummer: Nor to the City Commission.
Janet Cooper: Mr. Mayor, is this acknowledgement on the pant of the Commission:'
that this is an application by the developer?
tA
Mayor Ferre: No, it is not. I'm just —he represents alot of developers,
is that correct?
x
Janet Cooper: I believe so.
Mayor Ferre: And you represent the opposition in most of these developments?`
It's not acknowledgement of anything with anybody. These are two people and
the matter has been withdrawn and I'm making a comment that I would hope without
prejudicing any case, because I don't know anything about the particular merits
legally of the issue. I'm not a lawyer. That's what you're doing in court.
I would hope that we could avoid this type of a harangue, if you will excuse
the word, that it certainly is not being beneficial to anybody.
Janet Cooper: There's a question of jurisdiction, I believe, before., whether
you have the authority and the power to hear the item, and your legal department
has determined that tonight that you do have that jurisdiction and authority=
Mr, Plummer: Then what's it doing before us?
Mayor Ferre: it was withdrawn, J. L.? Let's not belabpl it= So, shall we
go on to the next item.
AT THIS POINT, THIS ITEM IS OFFICIALLY WITHDRAWN. MAY 2 8 1981
57
AIMEND 6871-CHANGE ZONING CLASSIFICATI0;1 AT APPROXIMATELY 4240-90
N.W. 11 STREET.
Mayor Ferre: On Item #2 there's a gentleman here that's on a non -controversial
item, that I think we can speedily get through. Is there anybody here in
opposition? The last time it was moved by Lacasa and seconded by Gibson. Gib-
son would you move it again?
Rev. Gibson: Yes sir.
Mayor Ferre: Gibson. Is there a second„
f r' ' Fit
';'sties" +4f },r�im',a
Mr. Plummer: What is this ro ect?}r 1i s�s�,iihu
p 7 W41 !
iki � t�
Mayor Ferre: This is the City National Batik
n,
t
Mr. Plummer: The Holiday Inn?
Unidentified: No, it is an unnamed hotel. Half of it is being constructed
now in the change of zoning that this ordinance would approve, would allow
the additional hotel rooms to be built on the other portion of the property.
Mayor Ferre: This is what sauce for the goose, is sauce for the gander case.
Remember?
Mr. Plummer:
Well, I'm all in favor of"gooses."
Mavor Ferre:
All right, does Plummer... are you seconding it? tl
Call the roll.
P
AN ORDINANCE ENTITLED-
# t"Sj,kkg"
AN ORDINANCE AMENDING ORDINANCE N0. 6871,
3<",
THE COMPREHENSIVE ZONING ORDINANCE FOR THE
¢"
CITY OF MIAMI, BY CHANGING THE ZONING'''
CLASSIFICATION OF LOTS 4 THRU 10 INCLUSIVEr
I
'
KARKEET SUB (43-45) AND TRACT "A" JODY SUB
t:
,
(72-76), BEING APPROXIMATELY 4240-90 N.W.
llth STREET AtJD APPROXIMATELY 1001 N.W. 43RD
AVENUE, FROM R-3 (LOW DENSITY MULTIFIPLE) TO
e4
C-2 (COMMUNITY COMMERCIAL): AND BY MAKING$
THE NECESSARY CHANGES IN THE ZONING DISTRICT
S
MAP MADE APART OF SAID ORDINANCE NO. 6871
Fi
BY REFERENCE AND DESCRIPTION IN ARTICLE III,
i{
'
SECTION 2 THEREOF: BY REPEALING ALL ORDIN-
ANCES, CODE SECTIONS OR PARTS THEREOF IN
ir�1s
CONFLICT: AND CONTAINING A SEVERABILITY CLAUSE.
ry
Passed on its first reading by title at the meeting of
April 23,1981 was taken up
for its second and final reading by title and adoption. On
motion of
Commissioner
Gibson, seconded by Commissioner Plummer, the
Ordinance was thereupon
given its second and final reading by title and passed and
adopted by
the following
vote:
AXES: Mr. Carollo, Mr. Plummer, Rev. Gibson and Mayor Ferre,
NOES: None.
Jz
ABSENT: Lacasa
"
THE ORDINANCE
WAS DESIGNATED ORDINANCE N0, 9278'�
i
The City Attorney read the Ordinance into the public rocord
And unvunCed
that copies were available to the members of the city 'Comission
and to the
public,
56.
VEND 6871-MODIFY ARTICLE 2, SUBSECTION (2) PARAGItAPY, (A)
0D (B)-"STAIJbA_RD A11D COrTACT PARI:ING DUDIENSI0111,S"
Mayor Ferre: All right, we're going right down the line now and take as many
as these non -controversial items that people are involved and try to get to
the one there 20 people involved on Item #14. Is Item 4 controversial? Is
there anybody here that's an opponent? Anybody against? This is an ordinance,
on first reading only, of the Planning Department's application to admended
the off-street parking and loading to provide a reduced standard and compact
parking space dimension. That's where I am, 3. I beg your pardon. I stand
corrected... item 3. Is there anybody in opposition to Item 3? You want to
speak to it? Do you think it will take a long time to get this one?
Mr. McManus: I don't think so, Mr. Mayor.
Mr. Plummer: Let me ask a quick question.
f th Z in Board?
How come it hasn't gone bebYe��a
did it go be ormi ` `'
i xt,
Mr. Percy PAB�k
�,��,�
Mr. Plummer: Okay. All right.
Mr.McManus• Mr. Mayor, Mr. Commissioners. On the advice and consultance to
the Off-street parking authority, we brought forth before the Planning Ad-
visory Board, a reduction of the parking stall dimensions of standard and
compact cars. Let me see if I can capsulize this. We had recommended a
reduction from standard spaces of 9 x 19, compact 7 1/2 x 16, to, for
standard sizes 8 1/2' x 18', 7 1/2' x 15'. The Planning and Advisory Board
did not agree with our recommendation, as you can see for their vote for
denial. Following the...hearing before Planning Advisory Board, we again
met with the consultants of Offstreet Parking Authority, that is Conrad Ass-
ociates and reviewed the comments of the Planning Advisory Board and based
on that, we are recommending at this point, that the stall widths be somewhat
liberalized as such that they be 9' wide by 18' long for standard sizes. For
compact spaces would be 7' 8" x 15', somewhat liberalizing the previous stand-
ard. Now, the rest of this basically has to do with trying to reconcile the
text the various aisle widths, the standard size cars, the compact cars, and
two-way and one way traffic. Ana we've tried to simplify that by referring
to this a tabular summary and I also think that's in your agenda package.
Thank you, Mr. Mayor.
Mayor Ferre: Okay, Janet?
Janet Cooper: As I understand the information in the packet this is a request
not only to shorten the length of the spaces, but, also, to make smaller the
length of the space between rows of parking. Now, one of my objections was
to the reduction in the width of the parking spaces and that has been addressed
by Mr. ?%Manus and the Department. I, also, object to the shortening of the
spaces and the reduction of the size of driveways and other spaces between
the cars. Its tough enough to park as is it. My car has not gotten smaller
in the last few years, in spite, of the fact, that I wash it frequently, except
in the drought. And, I might point out, that this commission has, within
the last year, it was last October, I believe, reduced the spaces. I don't
know the history before last October, as to how frequently the spaces have
been reduced, but it seems to me that to reduce the parking spaces every
6 months or so, is outrageous. And I just don't think this should be passed.
We already have small enough spaces and this will only benefit developers
who are looking to save a few extra dollars on space.
Mayor Ferre: Next speaker? Anybody else? Questions from the commissiop
Any questions? Any other statements? All right, what's the will Qf the
commission? What's the will of this commission?
MAY 2 81981
F
It a r
Nit, plumes.. Mr. Mayor, I think toffiewhere we've riot to be reatahable. We
want to encourage more parking and especially int the downtown. The Mood
of the nation today, is for smaller cars. Now, Janet has said, she's watered
her car. She abviously bought a sanforized car and its been watered and its
grown. I, just....you know ... this is a weight and balance. I say to you, Mr.
Mayor, I think we've got to try it and see how it goes. You know, we always
heard the story....in answer to your question, in only once in 11 years since
I've been here, has the rule changed..bascially, the reason the rule changed
then as it did now, is that our spaces in front of City Hall were always in
violation. They were smaller than the code ever called for. Mr. Mayor, I
will have to go with the professionals, Conrad and Associates, at least to
try. These are the professionals, who say these are accepted standards, and
I will move that we accept these standards and try them. If they don't prove'
to be beneficial, we can always change.
Mr. Mayor: All right. There's a motion. Is there a second?
Rev. Gibson: Seconded.
Mayor Ferre: Seconded by Gibson. Under discussion. I'd like to ask the
following question of the administration.Mr.McManus...... what is the operating
procedure in recent years, both with Metro and in other cities? Is this the
direction that most urban areas are taking? Does anybody know the answer to
that? Let's get Mr. LaBaw. I'd like to get his...Mr. LaBaw, you think this
is a good idea?
Mr. LaBaw: Yes sir. We're recommending this. Our parking consultant has
met with the Public Words Department and Planning Department and it concurs
with the recommendation we have before you and from an operating stand point
we feel like this is a very acceptable standard.
Mayor Ferre: Mr. LaBaw, is this the trend in urban American, now?
Mayor Ferre: Well, tnis is the airecLion LnaL you L.ninx mvsL u4--uieS aLc yvaiay,
Mr. LaBaw: Yes sir.
Mayor Ferre: Okay. By the way, Mr. LaBaw, where you're up on the microphone,
I understand your retirement is coming fairly soon. What day in June is it?
Mr. LaBaw: August 3rd, sir.
Mayor Ferre: Oh, it's August 3rd, so we'll have plently of chances to,talk xt'
with you before?
t �xz
Mr. LaBaw: Yes sit.�
Mayor Ferre: Okay. Fine. Is there anything 'eQ?,
Commission on Item 3? Call roll please, , k
t
3
�-116'00
�F'
121 MAY 2 61981
kw
`K"gs""'�
NN
r t ri va ctS Le5 f tRt 'r'i .,a#3-rG . �ii S cY1"�Y p'fii *
i'�. IcfS'.0.. . •'4,' yr ,ift'a x
P,
Mr, plumes: In all fairhess this is ah btdihahtd
ariance. It s self initiated a,d lei by itheibe is t#e►eh�t►
It's not a conditional or a v
i would want to have a stipulation that this ordinance be teviewed in 6"ncihths,
a report to this commission in 6 months,
evaluated and come back with
Mayor Ferre: That's part of the motion. You want to....I'm mean its an
to be incorporated in it. In the ordinance,&4r
ordinance, but it will have
on second readings. This is first reading, right?
r.
Mr. Angie: Right.
Mayor Ferre: So when you get to the second reading, incorporate that p61tibilJ"
that was by Plummer next time around. Read the ordinance.
AN ORDINANCE ENTITLEDiy t{
AN ORDINANCE AMENDING ORDINANCE NO. 6871, as
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE �•, "
x k7
FOR THE CITY OF MIAMI, BY MODIFYING ARTICLE
2, SUBSECTION (2) , PARAGRAPHS (a) AND (b),
RELATITvG TO STANDARD AND COMPACT PARKING
DIMENSIONS; BY REPEALING ALL ORDINANCES, �Wr"
m
CODE SECTION OR PARTS THEREOF IN CONFLICT
}
AND 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' t 1,
AYES: Mr. Carollo, Mr. Plummer, Rev. Gibson and Mayor Ferre. $'
r
NOES- None.
a
ABSENT: Mr. Lacasa
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Com-
mission and to the public.
59
r1.M:_:�D 6871-CjW;GE TITLE OF ARTICLE IV, SECTION 11 F"AOP1
"REPLATTED LOTS" TO "REPLATTED OR DIVIDED LOTS ; ETC.
Mayor Ferre: We're now on Item #4. How many speakers are here on that?
Mr. Plummer: There's two indicated.
Mayor Ferre: Any opponents? Anybody in opposition to Item #2. This is an
ordinance on first reading, Planning Department application, to amend 6871
general provision to allow or accepted platt of lots or divided lots, which
R
were of record as Of September 25, 1946. This is recommended for approval
by the Planning and Advisory .... 6 to zero. Is there a motion on this?
Mr, Plummer: Is there an opposition?"
� .
Mayor Ferre: I asked for that. There was none,
rE _
Mr, Plwm►er: Move.32
p
Y u j
1
ReY bibr.0n; Se cOH�ded
i
it i! 3 ' }q`p�
""
MAY
281981
f t�ST 14 iM1it ,#4�E$ t' y �
E } {E k
$IE i ii
a
Mayor Pdtre: Plummer moves. Gibson seconds on first reading, Dick, as I
understand if we don't do something about this within 90 days, it will be
denied. Everybody's in agreement with this thing. Is that correct?
Mr, 14hipple: Yes sir. This is a clarification of our existing wording and
e suits that we have and what this does
also, legal termination based upon som
is continue the policy basically that the city has been using, but puts in
the appropriate wording to justify legally our procedures.
Mayor Ferre: Call the roll, please.
s 5�u l
AN ORDINANCE ENTITLED-
-..wR -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE
FOR THE CITY OF MIAMI, BY A. CHANGING THE jr=
TITLE OF ARTICLE IV, SECTION 11 FROM RE -
ON
" PLATTED LOTS" TO "REPLATTED OR DIVIDED LOTS
p
AND BY DELECTING SUBSECTION (1) THEREIN IN
ITS ENTIRETY AND SUBSTITUTING A NEW SUB-��
SECTION (1); B. BY CHANGING THE TITLE OF
ARTICLE IV, SECTION 7 FROM "EXISTING �zt
PLATTED LOTS" TO "EXISTING PLATTED OR
�
DIVIDED LOTS:, AND BY ADDING THE WORDS"
IN
S
z
"OR DIVIDED" TO SUBSECTION (1) THEREIN;jb
,,. AND C. BY ADDING THE WORDS "DIVIDED 1` x,
l fl
OR" TO: ARTICLE V, SECTION 2, SUBSECTIONr i
F;
(3); ARTICLE VI, SECTION 2, SUBSECTION,
f r
y (3) ; ARTICLE VII , SECTION 2, SUBSECTION
y (3) : ARTICLE VI II , SECTION 2, SUBSECTION
4igl,k , A9
(1) ; PARAGRAPH (b) ; ARTICLE X, SECTION 2,�y '<<°
SUBSECTION 92) ; ARTICLE X-1, SECTION 2, �zti
SUBSECTION (2) ; ARTICLE XI, SECTION 2,
.a SUBSECTION (3); AND BY REPEALING ALL
ORDINANCES, CODE SECTIONS OR PARTS THEREOF r,
IN CONFLICT AND CONTAINING A SEVERABILITY
CLAUSE.
Wasintroduced by Commissioner Plummer and seconded by Commissioner ,
Gibson and passed on its first reading by title by the following vote:
AYES: Mr. Carollo, Mr. Plummer, Rev. Gibson and Mayor Ferre.
NOES: None.
ABSENT: Mr. Lacasa
The City Attorney read the ordinance into the public record an
announced that copies were available to the members of the City Comte
mission and to the public.
t
rt a� i
is s � 4 � a � P �' } , ,:n a - '� es 3 " .�i °✓'� ��� `a��' �e
��'�Gy �zh2i�.i
mayor Verret : flake up It' A.
Mrs Pl-U fier: What happened to
Mayor Ferre: Nobody here on 6, so we can do that on our ovn tithe. W 7A'
This is an ordinance on first reading by planning Department application attend
ordinance 6871... general provisions. —to establish heritage conservation, intra-
zoning districts. The Planning Advisory Board recommended approval 5 to 2.
60.
FIRST READING: ESTABLISH INTERIM "ONI.G DISTRICT ("KERITAGE
CONSERVATION IN:TERINt ZONIJG DISTRICT"): REQUIRE PUBLIC HEARING
AND C01,,21ISS10111 APPROVAL PRIOR TO DE:SOLITION OF A:4Y EISTORIC
STRUCTURE,ETC.
Mayor Ferre: On Item 7B, ordinance on fisrt reading of the Planning
Department's application for the heritage, conservation and intra-zoning dis-
trict to properties currently listed on a national register of historic places,;
was recommended 7 to 0. Mr.Luft, the Chair recognizes you.
Mr. Luft: Mr. Mayor, members of the commission. We've gone over this
ordinance in some detail in past two presentations. At the last meeting,
Commissioner Plummer requested, that the administration prepare a voluntary
ordinance. We have prepared the language for voluntary ordinance. It is a
very simple thing to do. It amounts to one paragraph. We would like to,
however, point out to this commission what the consequences of the voluntary
ordinance are and they are basically, two.
Mr. Plummer: Mr. Mayor. Mr. Mayor. I object. Now, let me tell why I object.
We instructed the Planning Department what to prepare and now they're going
to come up and argue against what we asked them to prepare.
Mayor Ferre: They're not the only ones going to argue. I'm going to argue_
Mr. Plummer: That's fine. You can do such. I pay these people to prepare ;
an ordinance. Now, they've prepared....now that's what I wanted it defeated
last time.
Mr. Carollo: J. L., take it easy.
Mr. Plummer: Because you see what happens when we defer? They do, what they _
want to do. Now, I object and I object strenuously to people, who we pay in
the Department and we instruct them what to do. They do the way they want
and then they want to argue against it.
Mayor Ferre: J.L., wait a minute... it is that clear cut a thing. A lot of
people spent alot of months of hard work. As I recall, I don't remember...
you correct me if I'm wrong, Father, the way I sensed this thing was going
last time, was you and I, were the minority of two and Carollo was that strong,
but I sensed it, that he and Lacasa and Plummer, were together...
Mr. Plummer: That's correct.
Mayor Ferre:
motion.
Mr, Plummer;
..,,.but, there was no clear cut mandate. Nobody made
Kaypr, let me remind you,
� 4 MAY 2 81981
t
Mayor Ferre: And that was
what you wanted to make it
explain —this man is about
It guts it, but I want him
Mr. Carollo:
Mr. Luft:
very clear. And as I understood it in those days,
totally voluntary. Now, this man is about to
to explain what that does. I know what that does.
to say it in his own words. Go ahead.
I'd hate to get buried by you tomorrow, J.L.
}n+�C'id tb
r,
We're prepared to do as the commission wishes... `
Mayor Ferre: Of course you are.
Just explain the differences.
Mr Luft: ..the consequences, which we could not address
because we did not have the legal response from the Federal
Tallahassee at that time, we are prepared to explain at thi
Mayor Ferre: Explain.
Mr. Luft: Two things would happen.
and State Historic Perservation Officer
standards...
Mayor Ferre: Listen to the explanation.
s
at the last meeting,
government or
meeting.
The Federal Government and Tallahassee
and Division of IRS, in Washington, have
Go ahead...
Mr. Luft: These two agencies have standards by which they determine whether
icial
a historic ordinance or a particular commwills be
recote wniped as an
nfoff tax
ordinance. They must do this, because Federal
ad incentives, tax write offs, IRS Special Depreciation Allowances for properties
s, They have responded
within communities with recognized historical ordinance
1 Gr v
Mf. Lint (continued) to us by letter And incticatea
as a valid ordinance, (1) that had legal language written into it that made
it voluntary. This would mean that the most substantial incentives that would
be available to this community, which Commissioner Plummer said he was interested
in, the incentives would not be available. Primarily the monetary incentives.
The second consequence is this and it flows from the first, because we could
not get State or Federal recognition of our ordinance, the opinion of the
County is that they could not, likewise, extend a recognition to the City of
having a valid perservation ordinance. And the consequnece of that is simply
is, is the County ordinance would take precedence, and very possibly lead to
take over of historic perservation functions in the City of Miami and I thought
that Commissioner Plummer and the Commissioners wanted to know that. So that
City Hall wouldn't be controlled by the County.
Mayor Ferre: That's what's going to happen.
Mr. Plummer: Mr. Mayor, if you really want to go into this thing.:
Mayor Ferre: Wait a minute. Jack are you finished with the explanation?
Okay, J.L., go ahead.
Mr. Plummer: If you really want to go into this thing, I said at that meeting
and I will state again. Mr. Mayor, on a voluntary basis, I have no problem.
If a man accepts financial tax incentives, whatever. If he accepts those, then
he is bound. He cannot, in my estimation, come back in 2 years later and say
no, I've changed my mind. But, Mr. Mayor, when you start telling people, the
elementary rule of this country is that a man's home is his castle, what he
can do with his castle, mandatory, it's wrong.
Mayor Ferre: J.L.?
Mr. Plummer: I'm sorry. That's the way I feel. If that man wishes, if that
man wishes voluntarily to have his castle placed under a Historic, and he
accepts the incentives, then he has the right to make that choice. And I
have no problem with that.
Mayor Ferre: Look, let me tell you what you're talking about. You're taling
about the Alamo, which is the Miami City Hospital Building number 1. You're
talking about the barnacle, which is the Ralph Monroe house, which is already.:.
no?
Mr. Plummer: Mayor, you're being duped by those papers. THose that are there
in that were by design, were public places that didn't have any bearing. Mr.
Mayor, there are alot of other places in this community.
Mayor Ferre: Look, the Freedom Tower.... Ronnie Fine is for it and the other,
guy......
Mr. Plummer: Mr. Mayor, you want to attach this to the public places only. I
have no problem with that, but it is with those in private...
Mayor Ferre: THe Freedom Tower is not —the Freedom Tower is not a public
the Freedom Tower are all in favor of this.
place and the owners of
Mr. Plummer: Fine. Then, they volunteered. They have the right of making
that choice. ?
Mayor Ferre: Let me..,let me ... let me,..if I can approach it this way. We
passed a tree ordinance. Ao you zemember that?
J.
ai
Mr. Plummer: Sure,k"
J^�i
01,q x , z of xa Yd +a d 2 airy
�1a�' �'I
i a 34 7 a t i LdY
pit �'" _
vv
t1 h °� ik +�3 Nk'-�t r
u� MAY 2 819 81
Mr. plunher: 1 aon-z
Mayor Terre: I think it passed on a 3`2 basis, as I recall, end, if I reoaly,
it was Rose Gorden, Theodore Gibson and I, that voted for it and as I recall, �-
this is pure out of memory, you and Manolo were against it. That's out of
memory. NOw, let me tell you, and I have some serious misgivings when I voted
for it. I wasn't sure of it. The other day, Johnny Reynolds, a friend of
mine, was building an apartment here on Brickell and he said, 'you know that
damn ordinance of yours caused me $50,000, cause I had to move 48 trees',
And I said, 'where did you move them to, John?' He said, 'I put them right
behind the Holiday Inn and they made me take it down a couple of hundred
feet. I said, 'it didn't cost you any $48,000 to move 50 trees. Come on'. -
He said, 'well, that's what I'm going to charge the IRS, that's what I'm going
to expense and you're not going to contradict me.' I said, 'it cost you lot
less, didn't it?' And he said, 'yeah, I may end up making a little money on -
it.' I said, 'well, shame on you', and I said, 'well, is it so bad?' And
he was complaining about it from the beginning, the worse ordinance he had
ever seen, and it was a tree......and I said let me ask you something...'who
paid for that, other than the IRSV ,since you may have added more to the expenseIm
you know, I'm not going to pay for it.
than you really had. He said, 'well,
The apartment owners pay for it.' I said how many apartments did you build.
What he build 80 or 90 apartments? I said, what are you talking about a couple
of hundred dollars more per apartment?' Now, those apartment owners are going
to be very happy for they had to pay that extra to have — to have the beautiful
that are all over the
Brickell Avenue improvements —all those beautiful trees
place. Now, I ask you, really ... this is not confiscation. Nobody can take =
the property away. Nobody can say all right if you don't do this, you
cannot
build. Nobody says we're going to condemn your property and not pay you
or
it. All they're saying is hey fellow, this is the procedure you've got to
follow and if you don't —you have to follow this procedure and if you can't
_ do it, then there is a way for you to go through it. You know? If I've got
to cut down 100 trees, because that's where my building is going, there's no
way in God's world that anybody can tell you that you can't cut those trees
_ down. But, in the meantime, it gives the people in government the time to
negotiate and try to save as much as our trees and, in this case, as much of
our heritage as we possibly can. Man, that's motherhood. I don't know how
in God's world, anybody can be against. This is not confiscation. You've got
a right to get out of it. It's not final. You don't go there and say, 'look
I want to tear this down and you can't do it. So that's it, you can't do that.
You're stuck with that. And then you say how about..!I pay taxes. This
property is worth a million dollars.' No, you can't....no this isn't what this
says. You've got a right. This is just a procedure. Is that right? Have
I explained it? Have I caught it right? There's a procedure. That's all
they're asking you to do. The same thing as chopping down trees. I can't tell
you not to chop down a tree.
Mr. Plummer: Mr. Mayor, I'll remind you of the Butler Building.
. As it turns out, we bought the Butler
Mayor Ferre: J.L., let me tell you
Building, damn cheap.'"
I'll tell you today that the Butler'
Mr.'plummer: As it turns out today. �4r
Building would have been a fine buy today. ,
Mayor Ferre: And I'll tell you further on the Butler Building would have
cost us as much with or without, it being a heritage of Dade County. We would
have paid the same thing for that property. It was a vacant piece of propertyyr
' .
I rr 14,3(is vx,'i3trp£r 3' 1^� t 1 3 s s=
1
-,„y'r '�i ,' i `P„�," s s r ✓ r d i i e'W x dt ' s �f
iFs}h�ryi�s
127 ii
MAY 2-8 ►981
jr j 3�r
r N W> T
�w
y `U' :
r
��
�
�.,i '' _Ct..`nt �''h f }'j4k'
ft
the
Mayor per�'e (continuec�) vot �hefl that ppetydth y� j x .
�.
he had us pretty good.
f
'j
Mr. Plummer: You know why?
owned the property stfiack fight ih the 1ti"
Mayor Ferre: Yeah, because he
of the block. That's why.
Mr. Plummer: And he filed for historic perservation site,
a vacant lot, it would have been as ituch froth uss
Mayor Ferret If it had been
Mr. Plummer: Mr. Mayor, are you proud of the tremendous eye sore in the middle'.
of Lumus Park?
Mayor Ferret It's got nothing to do with this.
Mr. Plummer: Why doesn't it? That was a historic site.
Mayor Ferret That was just poorly handled by us. That's got nothing to do
f .
with the issue.
Mr. Plummer: How many 'poor handled by us' are we going to accept in the"`riat►1e'
Mayor Ferre: Well, how about Dr. Jackson's home? How about Dr. Jackson's office?
How about the other ... how about the great improvements that we in this city have
done to perserve what little we have.
Mr. Plummer: Mr. Mayor, if you want to tell a man what he can do with his
property, then buy it, as he did. Other than that, I think it should be
voluntary. I'm sorry.
Mayor Ferret That's not the issue.
Mr. Plummer: Okay. It is in my mind.
Ms. McIntyre: I'm Dolly McIntyre, 1835 South Bayshore Drive. I'd like to speak
to you now, not as a perservationist at this moment, but as someone who has
just bought, privately, a piece of historic property in Dade County. I have
already made application for historic designation through Dade County on this
property, because I intend to re -habilitate it and convert it to an office
building. It's a 1903 FEC railroad building. Because of Dade County's
ordinance, I'm going to be able to get the tax benefits that are an important
part of the financial package involved in this building. I spent a number of
hours last week at the Dade County Building and Zoning Department. My building
is, basically, a one-story building, but has a marvelous attic and I'm an attic
freak. But you know, I can't use my attic and do you know why? Because it's
not accessible to the handicapped. In order to use it, I would have to put an
elevator in it. This building is 2,000 square feet. How am I going to put a
elevator in there? That's confiscation of my property, but I don't mind, be-
cause I'm willing to accept all the other good things that are possible. I
am voluntarily requesting this property to be historically designated, be-
cause, frankly, its financial beneficial to me. Now, what has been pointed
out to you, relating to- voluntary ordinance, is the fact its going to make
it extremely difficult for property owners to take advantage of the various
financial benefits that are available, through tax incentives and other means.
Yes, taken individually they can apply for national register listing and
at this time, the national register is closed. They are not taking any nomina-
tions, because of the various situations that are going on in Washington.
C �r;
5}�
Ma. Methtyre: (continued) This is a very it1portant factor in the fihahcing
package of any rehabilitation project. Mr. Plummer, I zo confused, because
I recall being in this very room, it will be 2 years ago to the day on Monday,
and hearing you extoll the virtues of Jacksonville and what they have done
with historic perservation and, at that time, you asked the City Manager to
initiate the activity which would result in this kind of opportunity in the
city of Miami.
Mr. Plummer: Sure.
x
Ms. McIntyre: And, I don't understand.
Mr. Plummer: Let me make them understand.
Ms. McIntyre: Please.
Mr. Plummer: What I'm trying to tell you is that We're not a part on the
bottom line. The bottom line, I'm all for, and that is to save the heritage
of this community. No problem. Where I fall apart, with that which is being
proposed, it's not voluntary, its mandatory. And what I'm saying.... please,
I listened while you were talking —what I am saying to you, tax incentives,
Federal money should be the incentive to make people want to seek this out.
Not say to them, you've got to. That's the difference. Now give them a
reason to want to do. Don't put up stumbling blocks, why they've got to do it.
That's where I have the difference. Tax incentives? I don't know. Can, we,
this commission, give tax incentives? I think we can. Tax abatement. All of
that, if you make it worthwhile, you will have people seeking out to do this.
But if you make it mandatory, it is a natural reaction and it is my reaction.
Look...I guess, I've got a vested interest. I've got a place on Flagler Street
that's 55 years of age. Okay.
Mayor Ferre: Oh, you've just disqualified yourself.
Ms. McIntyre: Are you getting ready to build a high rise?
Mr. Plummer: Well, I see in the west end of town that they're going to build
a high rise mausoleum, and I...
Mayor Ferre: If you want to knock down that building, Plummer,, if this thing
were to become law there's no way in the world that someone can stop you from
doing, if you insist on doing it.
Mr. Plummer: Mr. Mayor, what I am saying to you....let's use my building on
Flagler STreet. If I had the right to apply for tax incentives for the pur-
poses of maintaining that as it is, I probably would swim a river to do it.
Okay. Because I have no intentions..
Mayor Ferre: Not the Miami River....not the Miami River. t
F
Mr. Plummer: That's Dick Stone. I wouldn't take his purview.
,
Mayor Ferre: J.L., look let me put....the bottom line, as you like to say all
the time is, are you being denied the right to tear down your building on ,
Flagler?
Mr. Plummer: Yes. Yes. s.
Mayor Ferre: And I think the answer is absolutely not,
�
Mr. Plummer: I've got to come before a Board, I've got to gQ thiA����
these procedures.
it 1lh b
�d�y
i. ia-r�'�..
PW
Mayor Ferre: So what? So it'll stop you 3 months, How long`4000 tho 'wo
thing take? Six months;
�r a r,w
n
MAY 2 81981
H
to the commission in 30 days. +
Mayor Ferre: Let me tell you what my problem is. You're saying, its the old
story, you want to go to heaven, but you don't want to die. You want to have
green lights and red lights, afnd its got to be voluntary. You know,,,come on.
You mean,....
Mr. Plummer: Mr. Mayor, you see, I guess I've got the same problem with your
terminology as I do the Department's. I wish you would read this paragraph
that they now say is on a voluntary basis. It's put the onus back on the
property owner. If you don't want it, you give a letter of testimony that
you don't want, once its been designated. That's not voluntary. Voluntary
is I want it, I accept it. You see, here is your problem. I should have
moved to deny. Okay. All I'm saying to you is this is not voluntary.
Mayor Ferre: Look let me tell you...let me put it to this way. If you move
to deny now and you get 2 votes to 2, its denied. so, you haven't been.....
The fact that Lacasa isn't here, doesn't deny you the...
Mr. Plummer: Mayor, look I couldn't....you know, excuse me, I'm sorry. Mr.
Lacasa is independent as well as Mr. Carollo, Mr. Gibson and Mr. Ferre. Mr
Mayor, I'm not counting votes. I'm making my thoughts known. Okay. I'm going
to make my vote known. If I lose, I thought what I fought was the good
fight and I have no problem with that.
Mayor Feree: Okay, J.L. Any other questions. What's the will of this
commission? Go ahead, let's start making our motions and see where they
Mayor Ferre: Yes maim.
Ms. Camillus: I am Aileen Camillus, President of the Miami Woman's Club. I
came before you and I believe the last time there was just 3 gentlemen present,
the Mayor, Mr. Lacasa and Mr. Plummer. The other two gentlemen had to leave.
Mayor Ferre: Yes maim.
Ms. Camillus: All right, there was just 3 on that podium. We have to object
because of the fact that the various zoning ordinances that have been changed
within the entire area of where the Miami Woman's Club is situated. You have
permitted, next to us, Plaza Venetia. Across the street Mr. Rollo is coming
back with old Miramar Hotel and asking for many, many variances, or zoning var-
iances. And we are asking now, I mean being squeezed in,...we are going to
have to do something with the property as to parking and such as that.
Mayor Ferre: Are you objecting to this....?
Ms. Camillus: I am objecting to, we are on historic and national record
and have been for the past 5 years. We have to object because we have had
4.or 5 meetings here, and we foresee, and we see that we want to do one
thing about our rights. We're going to have to come back and ask severala ,
people for permission to do it. But we don't deal with them. sc�`
Mayor Ferre: You know, I first heard about this at your Club. A meeting
at your club, where there must have been 500 women there that were all...
r
__ i fi L t -� a� s � �My�, .,iccra.$ 5t C i� � Sw• u,. �i� t, i ui F lip �.� u I
s
r r i
iM i t !Fi^�l yYiC}jl
q r. 1 y tr gs a, d
gi, %r(
Msf tiiius: Actually, it's not 4tdi di ett t �t tl
cafe of that building right nog. $
V } '
Mayor Ferre: No in►a'fii.
Ms. Camillus. There are 45 of aniatiotls that eo►e there to feet. z
g
Mayor Ferre: okay, I see.
Ms. Camillus: I meats there are several of the large mett's organizations
meeting there. We have a bad parking problem, because of what is being builtr;
around us. So, therefoYe we need help. We donut object to tine idatioual
Heritage Zoning.
Mayor Ferre: All right. Your last statement and then we've got to go
forward.
Mr. Rodriguez: My name is Hiram Rodriguez. I am Director of the Historic
Perservation of Metro -Dade Community and Economic Office. I would just like
to make a very brief statement. Its in reference to the statement that Com-
missioner Plummer made...
Mayor Ferre: Go ahead.
Mr. Rodriguez; ...the man's house, the man's castle. And I just like to
decide one thing: the building code. The building code is a regulation. We
have regulations. A government has a responsibility for the public interest.
There are things in this case that we may be answering to, unsafe structures,
to make sure that that castle doesn't fall on our faces. Or on our heads.
But, government has a responsibility to act in the public interest and I think
that everyone recognizes that our cultural heritage is one of these elements
that's in the public interest. I think there is a responsibility and Miami
has been a long way in coming to this point and I think that its a shame to
let it down by the wayside now. Thank you.
Mr. Plkunmer: Sir, I commend you to read your charter as well as our charter
and when you come to make a testimony, such as you've done, to understand why
you have building regulations and sir, if that applied in the same way to this
heritage situation and historical sites, I would agree with you. But you're
completely off -base. The reason why you have building codes for public welfare
and safety. Does not apply to historical sites, sir.
Mayor Ferre: What's —make your motion, J.1. whoever wants to make
motion. What's the will of this commission?
Mr. Plummer: Well, Mr. Mayor, my motion that we send to the Department to
write it as we instructed them to put it on a voluntary basis.
Mayor Ferre: Okay. Is there a second to that motion? Is there a second to
the motion made by Commissioner Plummer? You were going to say something?
Rev_. Gibson: I move that we go on with...
Mayor Ferre: There's a motion for approval for ordinance 7A. Is there a
Mr. rarollo• Mr. Mayor, I second the motion and
with the motherhood proposition.
second?
me say that You sold me
7
`!
i
alk. W ft
:MAY 2 81981
Msyot purrs:
pubiitly. is
AN Ob
NANCE ENTITLED-
AN ORDINANCE ESTA'EI,ISHING AN INTERIM
f
ZONING DI TO BE KNOW AS HERITAGE$
CONSERVATION INTERIM
ION INTERIM CONING DISTRICT, AS
L¢},
FRONDED IN ARTICLE IV, GENERAL PROVI-
SIONS, SECTION 39, OF ORDINANCE NO. 6871
7�
THE COMPREHENSIVE ZONING ORDINANCE FOR
THE CITY OF hIIAMI , REQUIRING A PUBLIC'
HEARING AND APPROVAL BY THE CITY COM-
`
MISSION PRIOR TO DEMOLITION OF ANY HIS
�?
TORIC STRUCTURE IN THESE DISTRICTS AND
�r.
y:
REQUIRING DESIGN APPPOVAL BY THE UR$AN
DEVELOPMENT REVIEW BOARD PRIOR TO ANY
�h
ALTERATION OR NEW CONSTRUCTION AFFECT-
E
ING THE EXTERIOR APPEARANCE OF STRUC-
TURES AND FEATURES IN THESE DISTRICTS;TM�
AND BY RF:PF.AT.TNr. AT.T. T.AWS TN rnMrTSr'M
60 (b)
A:IE:0 6871-APPLY "HERITAGE CONSERVATION INTERITI ZONING DISTRICTS'
(ONE YEAR LIMITATION)
Mayor Ferret 7B? Is.there a motson;on 78?
�'
MOVe.Rev. Gibson: cAa rg
yk� a
P,
a 'n,fw; a 3u"S"`1 zd r roar '.'
I- , i t it 1 t 2 ui "4 }ti,�,'�^rzrdkglt,n e z'o d,
Carollo: Seconded. 4
s �a
Mayor Ferre: Moved by Gibson, seconded by Carollo. �'orthe ciiscu�soB.a9
the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871,
AS AMENDED, THE COMPREHENSIVE ZONING ORD-
INANCE FOR THE CITY OF MIAMI BY APPLYING
HERITAGE CONSERVATION INTERIM ZONING DIS-
TRICTS, SUBJECT 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
uyk
:,, DISTRICT MAP, MADE A PART OF SAID ORDINANCE
„',.. NO. 6871, BY REFERENCE AND DESCRIPTIONS IN
IN ARTICLE III, SECTION 2; REPEALING ALL
ORDINANCES, CODE SECTIONS, OR PARTS THERE-
OF IN CONFLICT HEREWITH; AND CONTAINING
A SEVERABILITY CLAUSE. 132
MAY 2 81981
sr
ihtroduded by C6= g9910ner dibsoh 4hd §eeohdod by
Caro Ahd passed on its first readih§ by title by the rol�.6witig t
.la
3
AM, Mr. Carollo, Rev. Gibson and Mayor Ferre.
F
NOtS: Mr. Plummer.
3
ABSt�iT a Mr. Lacasa .�„T
The City Attorney read the ordinance into the public record and
announced that copies were avilable to the members of the City Com=
mission and to the public.
Mayor Ferre: All right. This will come for a second reading again.
We, ladies
and gentlmen, have not had dinner and I think, I hate to hold people
up, but
on the other hand, let me ask this. Is Item 8 and Item 14 long winded?
Mr. Plummer: Item 8 shows, Mayor, there's 9 people here on the item.
Mr. Carollo: it's going to be long winded.
Mayor Ferre: It was the Planning Department recommending denial. The Zoning
Department recommended denial. This is an application by Louis Rodriguez to
change the zoning from R-1 to R-2. Is it going to be a long one? I guess so.
Mr. Plummer: Mr. Mayor, I have no problem with eating here at this table, if
people will not find it objectionable and we can then do both at the same time.
Mayor Ferre: Why don't we at least take 10 minutes? Or Fifteen minutes?
Mr. Plummer: That's fine with me, Sir.
l
4ti
Mayor Ferre: And we can eat dessert up here. All right, we'll take a 10
minute break.
(Brief recess)
Mayor Ferre: Read the ordinance on 7B, please.
Mayor Ferre: I understand that Items 13 and 14, ..a lot of the people are on it,
thev are not going to be controversial.Maybe we can get all these people howe.inere's
about 25. Is there anybody here on Item 14? Will the applicant step forward.
This is a longer extension of the variance and parking requirements at approx-
imately at 5832 NE 2nd Avenue. Is there anybody against that? Here? All
right, it has a recommendation, as I understand. The Planning Department doesn't?
Is that correct? For the record, Mr. Reid ;aid yes. The Zoning Board granted
it on December 1, 1980. Is there a motion?
Rev. Gibson: It's number 14?
Mayor Ferre: 14. Yes sir. It's for these people here on. Is there a motion
for it? Nobody against it here? And the Department is for it. Al right, it's
been moved by Carollo, seconded by Gibson. Further discussion. Call the
roll. hy�,�,�M�
133
Tha fallewing, ni6lutstt6tidded by Ch it§i�� r `C
RESOLUTION NO, 81=481
A RESOLUTION GRANTING A ONE-YEAR EXTENSION OF AF w
VAMNA,CE GRANTED FROM ORDINANCE No, 6871, ARTICLE
nr XXIII SECTION 4 (18) TO PERMIT CONSTRUCTION OF A xs afi3
CHURCH (FIRST INTER -DENOMINATIONAL HAITIAN CHURCH)
' ON LOTS 1 THROUGH 9 INCLUSIVE AND LOTS 13 AND 14•
�sJ BLOCK 11; DIXIE HIGHWAY TRACT (5-24) BEING APPROXI_..
I MATELY 5832 N. E. 2ND AVENUE AS PER SITE PLANS OF r r
j ME PROVIDING 66 OF 148 REQUIRED OFF-STREET PARK-
1 ING SPACES SUBJECT TO REVIEW ONE YEAR AFTER ISSU-;,
n� ANCE OF THE CERTIFICATE OF OCCUPANCY, AND SUBJECT
TO THE VOLUNTARY DEDICATION OF THE EASTERLY 5 FEET
OF LOTS 1 THROUGH 6 INCLUSIVE AND THE SOUTH 10 FEET
r3 tea 1, OF LOT 1 FOR RIGHT-OF-WAY: LOTS 1 THROUGH 6 INCLU-
SIVE ZONED C-4 (GENERAL COMMERCIAL) LOTS 7, 8, 9, N"<;
13 AND 14 ZONED R-3 (LOW DENSITY MULTIPLE).
Upon being seconded by Commissioner Gibson, the resoluation was pass0t�t#k
and adopted by the followi:,g votes: r'
M
AYES: Mr. Carollo, Mr. Plummer, Rev. Gibson and Mayor Ferre.
x ,
NOES: None.f�gAz,�;y
T
ABSENT: Mr. Lacasa. �, a
Mayor Ferre: Yes and I'm sorry that your people
"had to waft so long: I
apologize. You all can go home now, if you wish. Thank you. Is there anybody.
here on 137 You said there was a lot of people here on-13?
Mr. Plummer: No. Only l has showed.
Mayor Ferre: All right the next one is Item 8, which has 9 people.
61.
BRIEF DISCUSSION AND TZ1QORARY DEFERRAL OF CONSIDERATION
OF APPLICATION BY JACKSON IfEMORLkL HOSPITAL TO PERMIT A
REFUSE I„CINERATOR.
Mr. Plummer: Can we take 12 and get to all those high priced people out
from Mercy Hospital?
Mayor Ferre: Is that a controversial item?
Mr. Plummer: There is only one thing that is controversial for approval all
the way along. There was some restriction placed on this by the Zoning Board
that even though this was being built at Jackson Hospital, that only Jackson
Hospital could use it. Mr. Mayor, I think that's very unfair. I think what
we have to do is to realize that the alternate in this situation is the same
thing that's been continuing to happen and that is to find these materials
out in areas that they shouldn't be. I see nothing wrong, unless someone can
convince me, to the contrary. I see nothing wrong with having one facility
and all hospitals have, if there is available time to use,
R'k }s citi it � 7 �q'i�•{s `ft '
I i,yrI'i
.. tpit
,�' k i ,��I
r i
ifie5u"Y J 'l
( rt�if ,� T
T -0bS
Mr. Abtelfo $etet: Commissioner, Ah incinetatdt in the
City of Hiatfi is pto=
hibit ve use. This application Would not be in frost
of you, if it had been
projo§ecl as a facility for use of all the hospitals in bade County. THis
facility was accepted under a letter froth the Jackson
Mefttial that it Would
be for the exclusive use of Jackson Memorial,
Mr. Plummer: Why?
Mr. T. percy: The Zoning code expressly prohibits incinerators in the city:
And the City Commission could waive that, but Jackson would not be eligible
finless accessory use to the operation. They could not have a business or per-
trait for consideration, otherwise, a non -Jackson affiliated or concern to use
this incinerator.
Mr. Plummer: Frankly, you know, it damn it...come on.
Mr. Percy: This is what our code provides.
Mr. Plummer: Yeah, I understand that and I understand that you're giving
what the law says, which is cold, calculated and according to the book, Now
you know, my illustrious Solomon in the middle here said, 'what's good for
the goose is good for the gander.'
Mr. Carollo: I thought if you'd eat, you'd calm down.
Mr. Perez: May I come in? Within that article of prohibitive uses, there
is not only the incinerator, there is a host of other uses, which would be
open to the same situation, because what's good for the goose is good for
the gander. And...
Mayor Ferre: Look, its going to be a long discussed item. They're going to;
have to wait.
Mr. Plummer: All right. Let them wait.
Mayor Ferre: It's going to be a hot issue. Let's see if we can get _these
quick issues out of the way and get some of these people home.
AT THIS POINT THIS ITEM IS TEMPORARILY ADJOURNED.
b2. 1)"'NY .:PPLII IO', �Vil)L L'Y S'..'E T EO-E, I:;C FOR PERMISSION
10 (V171RATE A. NON-PROFI: AaULT CONG ;EGAIE LIVI:;G FACILITY.
(_'I00 ti.L:. � ST. �1?0 ti.';:. 2i A�'EI�I'L)
Mayor Ferre: Take up item 9.
Mr. Arango: M,; namv is Armando Arango and I'm going to tak about item 9.
I would like with Commissioner Plummer. This is a question of public welfare.
We built a home for the senior citizens. In a moment where this city
has no housing and no places to provide for lodging, not only for the old
people, but even for the young. We have offered this city the possibility of
having beds for this senior citizens and we met variances, according to the
distances, in between the existing building, which is an old building and the
border of the next property. Those are the variances, according with the
dr3f+� ,.z A
s
M f a r �d ax k Y � ir�g G_
r
f � , R- t �,
i
i
I {
Mt. Mango: (cohtinued) head of the ttaift building, that's 'Ally
Mayor Ferre: All right, Mr. Arahgo, As I understand the adi�li�iisttlt
opposed and the Planning Department.:.
1 pt4s
Mr. Plummer: Tell us why you're opposed, Dick. ?}'
Mayor Ferre: ...recommended denial and the Advisory Board voted 7-0 agaihst.
All right, Dick go ahead.
Mr. Whipple: Two basic points. Number one, we've been working .... Richard
Whipple for the record....we've been working on the Community Bay Residential
Facility Study, which is still coming before this Commission and this does
not meet the standards or the recommended standards, pursuing to this study
for such a type of facility. Number two, the applicant has come before this
body and the Zoning Board to serve 35 clients and response to that, this does
not even meet the occupancy limits of the South Florida Building Code. So
overall, because of the small size of the property and because of the Building
Code requirements and because of the proposed regulations regarding the
community based facilities, we recommended a denial and feel this is not a
proper proposal to be approved.
Mayor Ferre: Questions?
Mr. Plummer: It seems like to me and tell if I'm wrong, Dick. It seems to
me that we deferred this item until such time as the ... that other has passed.
And I'm questioning why..... conglomerate living is that what you're...?
Mr. Whipple: Congregate living.
Mr. Plummer: Congregate living.
Mayor Ferre: Be careful.
Mr. Plummer: Yes. There is a little difference. It seems like we deferred
it to that time, until that matter had been resolved. What I'm questioning
is why is it back on the agenda?
Mr. Whipple: Sir, to the best of my recollection without the minutes available,
I've believe we were assured at the commission level as to a determination. But
at no time, have we suggested that this facility would meet or approximately
meet the standards that we set forth. Our main concern is one that does not
even meet the sz!andards set forth by the South Florida Building Code.
Rev. Gibson: Isn't it my understanding that...isn't it my understanding some-
time ago, we appointed a committee to set standards and all that business. Isn't
that right?
Mayor Ferre: That's for half -way houses.
Rev. Gibson: All right. All right. Good. Isn't
it true...?
Mayor Ferre: For this?
Rev. Gibson: Go ahead. You start to say.
Mr. Whipple: No, I can't regpond to that question
directly. The only thing.'
that the Department has done is....
Mayor Ferre: That's for half -way houses. That's
not what this is,
Rev. Gibson: bet me ask, Isn't this ... aren't you
going to be 4cooM0; at@d?
3
`5..%k � f ,R4� �3 'ti ,�j+rS
'�Nin'b 5
to
7 1Tw
ti R
U y,{Y2DS"i,,
!, r' {
x
Rev. G baon (eohtinued) aren't you g6inq to be aceft6dated twide at MAhY peon e
as this facility ordinary would permit in the City's limits of the City of MiaMill
Mr. Whipple: Yes, more than twice.
Rev. Gibson: More than 100%. I remember reading that and I went and saw the
facility.
Mayor Ferre: Make your motion.
Rev. Gibson: It's more than 100%. Let me say this. Now, I'm in sympathy
with charitable institutions, but I just feel we have to say to us, in the
charitable institutions business, that there are some standards, there are
some rules. And we ought to try and live up to them. Now, if you were asking
me to let you do 10% or 5%, I could blink my eyes or turn my head, but you're
talking about 100 plus percent. You're not asking me to deliver...to let you
violate the law that much. You say, just open the door. Isn't that what
that's really is doing to that law? I move to uphold the boards.
Mayor Ferre: Is that a second on the motion? The motion is recommended denial
until the upholding of the Planning Board and the Planning Department. Is
there a second?
Mr. Carollo: Second the motion.
Mayor Ferre: Further discussion.
Mr. Plummer: Under discussion. Mr. Whipple, its my understanding of this
particular application that really what the application is, he's asking to
allow 35 people live there and you're recommending no more than 16. Is that
really the basis of this?
Mr. Whipple:
Yes sir.
f
Mayor Ferre:
Go ahead, Mr. Arango.
`��
ffpsht
1 t
Mr. Arango:
I never said any number of
people.
i'
A
Mr. Plummer:
That's what I'm saying, is
there an
area, like Father said,of";'
compromise?
Mr. Arango:
I never said any number.
Is was the
welfare people, who suggested
that the inspectors from welfare, who came and saw
the premises, suggested be-
tween 30-35.
That was their suggestion,
not ours.
We have never talked about
any number.
Mr. Plummer: But wait a minute. All I'm asking is this. Would it be within
the purview of this commission to approve the 16?
Rev. Gibson: But ... but...But, that's not what they're asking. I was like you.
Listen to what .... the law says there can only house approximately 16 people,
in there.
Mr. Plummer: They can't do that without a resolution, Father.
Rev. Gibson; But, let me tell you this, They don't want 16, Two times l6
is 32.
Mr, Arango; lExcuse me, rather, we didn't say how many people we wanted, M�ye
we only want 10.
'w,
137
Rev. Gibson:
All right. Let me make sure tha.t'all
of us understand this.. '.rhet'
man is going
to be just like the church and!I'mnot
down on the
church, because
that's where
I make my living. Once he gets in,<and
if you're
not careful,
Plummer...
Mr. Plummer:
Hey, you send an inspector there and count noses.
If if you
count 17 noses and if he's in violation, then he
automatically
loses his permit.
Rev. Gibson: And let me tell you this. The day you take that from him, all
their enemies plus their families, will be down your neck. I understand that.
I'm going for the 16, but I just want to make sure, the record will read later
on that Gibson warned all of you of that. I happen to be the father of chari-
table institutions, the church. And I know how easy it is for us to become
prey on your sympathy. Okay? That's what you do about zoning with churches
and then...
Mayor Ferre: Can we legally do this, rir. City attorney?
Mr. Percy: There's a problem, Mr. Mayor, in the monitoring and enforcement
aspect of this, because of the requirement's customs, requirements that you
can't gain entrance at any time the City decides to conduct an inspection. And
that probably imposes, in my mind.
Mayor Ferre: Howard, what's your recommendation?
Mr. Gary: Before I give a recommendation, I think, that it's important to
note that even though his application did not include 35, I'm told that, he
informed the PAB Board that there would be 35 people there. Now, I live not
to far from that area and I know the zoning violations that we had in the city
and the amount of specs we have. It becomes a problem of enforcing and monitor-
ing these types of situations. He could, once you give him authorization for
16, its going to be very difficult to gain entrance into his home to determine
and monitor that process.
MAY 2 8 1981
$ x a
"s
Ni
Mr. numer: N6t dope them it w6uia be on 266 r �
Mr. Whipple : Well Mr. Mayor the only
p'K 1'Ul ^tC�jS �
F
Mr. Gary: We recommend denial, Mr. Mayor.
Mr. Carollo: In other words, what you're saying, Howard, is 'that birg��
be able to get in there to pass the collection plate three tiittes.
Mr. Gary: Exactly.
Mayor Ferre: Mr. Arango, it your...is your entity...is your ``a non-profit
organization?
I4
Mr. Arango: Nonprofit organization,
I
Mayor Ferre: This is non-profit item,'+�
Mr. Arango: Non-profit.
Mayor Ferre: I'm really... ligul tot h+
i
Mr. Arango: Non-profit for public welfare.
Mayor Ferre: I'm .....I really have a dilemma on this. Because I'd like to
help you, but, God gave you a long life, but, you know, in the future if
we approve this, whoever is going to operating this, they end up not with 16,
- but 32 and we can't get in and there's no way. Unfortunately, this is a very
`difficult...
Mr. Arango: But you have the authority to go in.
Mayor Ferre: Constitutionally, we can't just go in and count noses. Well,
there you have it. You have the recommedation and administration against_it.
Some questions to the legality, because of constitutional aspects, so we have
a motion for denial and a second. Do you want to change the motion or not?
Rev. Gibson: No sir. I...
Mayor Ferre: Are you still seconding the motion for denial? Further discussion?
Plummer?
Mr. Plummer: Mr. Mayor, I have made my point,
Mayor Ferre: Call the roll.
(Comments on roll call)
Mr. Plummer: I would vote the recommendation of the administration for the
16. Reading from the Minutes it says that t%, administration recommends such
a facility be limited to more than 16 occupants and our three zoning districts.
I would hope for that, because you're just going to put it out and have nothing
for the motion. So, I'm going to vote against the motion.
Mayor Ferre: Now, the motion is 2 to 1. Let me get the legal impact of this.
Now, if I vote with Plummer.... if I vote no, its denied anyway. No, wait a
moment. Anyway, my vote now doesn't mean anything, because..
Rev. Gibson: It is still denied. Beautiful. I can't lose tonight. This
is the first time in the history of my being on the commission that I can't lose.
Mayor Ferre: I'm going to vote with the motion. My vote is superfluous at this
point, because its denied anyway, but I think, there's too much danger inherent in
this and I am going to have to go with my Manager's recommendation. So I vote with
the motion.
1.39
� :.� 1 4A
63. CLOSE/VACATE AND DISCONTI17UE PUBLIC USE OF ALLEY LOCATED
WEST OF W. RIGHT-OF-WAY LIRE OF VIRGINIA STREET, ETC.
(TE14TATIVE PLAT #1093-A PODSAID SUB")
Mayor Ferre: We now have Item 10 before us, which is Grant. Avenue "PODSAID
SUB", recommended denial 5 In Planning Department recommended approval in
accordance with the conditions established by Plat and Street Committee. Would
you tell us what those conditions are?
Mr. Plummer: Mr. Mayor, excuse me. For the record, Mr. Whipple, it is my
understanding that the Planning Advisory Board's recommendation for denial
was prior to ironing out a legal problem that was ironed out after their'
vote. Is that correct?
Mr. Whipple: Just about.
Mr. Plummer: Then this is mis-leading then.
Mayor Ferre: Why don't you tell us about, Whipple. Is there any objectors
here? Are you an objector? Okay. Will listen to you in a moment. Go ahead,
Whipple.
Mr. Whipple: Mr. Mayor and members of the Commission, the original request
before the Zoning Board, pursuant to a filing of a plat, was a closure of an
alley. At the time that the applicants came in for the closure of the alley
they owned both sides of the alley, however, they did n-t own the immediate
ten foot end of the alley. Therefore, there came a legal question as to our
City Code and our requirements as to everybody in the alley had to concur. So
it was denied on down the line and was recommended originally by the Plat
and Street Committee and it was denied by the Zoning Board when this question
came up to the ownership as to the end of the alley. The applicants then pur-
sued a different avenue and they came in with a revised plat, that they close
all the alley, except the last, shall we say for the matter of information,
left one inch of the alley, which then would preclude adjacent property owner
as to being one of the people that should be concerned. Now, the Plat and
Street Committee denied this request as did the Zoning Board, even though,
at that Zoning Board level the end of the alley property owner submitted and,
it was said in the record,.�hat they agreed with the closure at that point in
time. So the appeals of which this is the initial one, the Plat and Street
Committee has not problem with the closing of the alley and there is concurrance
among the property owners of butting and at the end of the alley at this time,
And therefore, we have recommended approval of this alley closure.
140 MAY
F SS8 hG i
t
t }
9
Fµ�fi �9E Yt iP %5 clxo- t rS? r
i rfr �• 'r1zZ'S l) f f�� y,�*.�t ° +S�J � ) ,. a Lx���u f rr _ Irv' i�,� 1
ft
l
mayor `e f All fight, `ties g�iYfle i le pee �t't L Ana a1by a7id et '
Rev. Gibson: Let's see if the opposition is in.
Mayor Terre: Well, don't you want to hear the people who want to make they
z
case.
Rev. Gibson: 'They're going to make the case. This other man already made
his.t .
Mayor Ferre: All right. 'That's fine with me. We'll give a chance for
rebuttal, if you want to make a statement afterward, Let's hear from the =s
opponents.'= j
"
vz . Richard: Mr. Mayor and members of the commission. My name is Dennis
Richard. I am an attorney. My address is 927 Lincoln Road, Miami Beach,
Florida. I represent Grand Services, Inc. Excuse me...
5
Rev. Gibson: The name of this company?�"fix
Mr. Richard: Grand Services, Inc.
r
Mr. Plummer: Doing business as what?'
Mr. Richard: My client is the property owner of the property and building,;
located at 3031-3035 Grand Avenue, Miami, Florida.
Mr. Plummer: For purposes of identification, you see the map... }
Mr. Richard: That property is and I will point it out for you on this map.
That property is approximately here.
Mr. Plummer: That has the alley on the east side of it? It's an open alley?
Mr. Richard: well, one of the things that I think is essential to point out
at this point is, that the drawing you see is extremely misleading. I will
show you how. It shows that the alley ends approximately 100 feet before it
really does. And I will show by the pen, proceeds an additional 100 feet and
I will show you where. The alley, according to this drawing, starts at
Virginia Street, here, and proceeds to this point. In fact, it continues to
proceed, there is no, up until recently and I'll go into this in a minute, tht.
asphalt continues to proceed straight on behind my client's property...3039.
So, in fact, my clients are interested party more so than otherwise appear
from examination of that map and, in fact, all of the drawings in the Planning
Department file. I might point out, (a) the decision of the Zoning Board in
recommending denial, in fact, was not based solely on that technical difference.
It was based substantially greater merits and I might point out that the re-
commendation of the Planning Board, which I recently examined in the file and
contains the words, they are recommending that it be approved because 'it
shall not have an adverse impact on the surrounding properties since at present
it only leaves to an unimproved parking area, which could obtain access off
Grand Avenue,' is a completely incorrect premise. Let me explain'it to you,
why. The front of my client's building abuts the triple intersection of
South Bayshore Drive and Main Highway and Grand Avenue, which is perhaps the
busiest intersection in the Grove and when I say, abuts, that's what I mean.
THe street and one lane for Grand Avenue is right there. My client's building
is joined at either side with other buildings, i.e , there is no access past
the sides of the building. For more than 20 years, the building that my client
owns has obtained all of its essential services through that alley, including,
propane gas delivery, garbage pick-up, loading and unloading of commercial and
residential tenants. There is, no other access, for that purpose. Since the
�� MAY 81981
s
Mr. Puehard- (continued) 'tithe 'that the t6h; i 6& re otm6h ed the c1
66urd
this alley be denied and within recent weeks and days, the f6ilofwing has
occurred: 5 steel pipes with concrete have been placed in that alley, i
ten foot chain length fence has been placed in that alley and l four foot chaih
length fence has been placed in that alley. All the garbage pick-up has
halted, the gas delivery has been prevented and as of approximately two days
ago, the tenants in my building have lost their hot water. Tonight there is
no hot water in these premises. All as an effort to convince this commission
that, in fact, there's no reason not to abandon that public, 111 people, be-
cause, in fact, no other access down that alley: This morning my clients
filed a lawsuit in the Dade County Circuit Court for injunction and or relief
seeking removal of these recent obstacles based on the emergencies on rotting
garbage, based on the emergencies of no water, based on the limitation of
access. Tomorrow morning at 11 PO4, the Circuit Court has scheduled a hearing
for the purposes of deciding whether or not to issue a mandatory injunction
demanding the removal of these obstacles. Copies of this compliant will be
available to you in a moment. What's really happening here is far more than
the abandonment of 111 feet of public street. What's happening here is that
the applicants for this abandonment have acquired almost of the property sur-
rounding my clients building. What's happening is commonly referred to is
a squeeze play, i.e., if you can buy everything around them, and you want to
do something with this block of property and if you squeeze them hard enough,
then, eventually you can obtain what you want. And what's furthering happen-
ing is that they're now seeking to use this commission to help them squeeze
so that, in fact, they can obtain the results they're seeking. They're
seeking to enlist the members of the commission in what has become a private
war over what they intend to do with their property. Now, what they wish
to do with their property, they have every right to do. However, my client
has clear, prescriptive rights to dispose of his property to dispose of his
trash and the only means available to him, to heat the water of his tenants
and the only means that are available to him. I think that these rights that
the government is not in a position to further help interfere with by
abandoning a public right-of-way that has been, long, been dedicated to the
public for many years. The Department of Solid Waste has advised me today
that, in fact, because of the fact that is the only means for disposition for
solid waste that they oppose this application and they have written me a
note that they have asked Mr. Whipple to advise the Commission that, in fact,
they are oppposed to this application for closure of the alley. The repre-
sentatives of Fire Safety have been out there inspecting the erection of the
obstructions and have advised me that, in fact, there is no other access for
purposes of fire prevention from the rear of the building, except through this
alley way. Basically, that's our position, since we have reversed the method
of presentation, I would request another opportunity to make comments again.
Mayor Ferre; Yes. You certainly will.
€w j�1M -< z z r 4 y
_ yr t t
MAY 281981
i 1�
{
tp
Mt, Whipple, (continued) the dates store. Now, I think that it's ithportant
to note, that number 1, the camera store is a property that is at end of the
alley, which was a 10 foot I spoke of, of which the attorney is here to pre-
sent this commission with their approval. The second property, as you will
note, has no access between the two purple lines to any alley. There has
been an utilization of private property for these services and when we state
that there is access, the point we're trying to make is, that the property
does run on a public right-of-way and does not depend upon on any fictional
alley or right-of-way at the rear of their property, because they is no
dedicated alley or public property at the rear of the property.
Mr. Plummer: Who owns...who owns this open space here?
Mayor Ferre: Let's get the statement from the attorney, who is the propOftdht'
on this and then, we'll give you time to rebutt and so on and then we've
got to get moving.
Mr. Mike Anderson: My name is Michael Anderson. I'm an attorney with offices
at 9400 South Dadeland Boulevard and I represent the applicants. What I'd
like to do is show you a sketch, which was prepared by Biscayne Engineering.
I'm going to give a certified copy to the ...Mr. Ferris or the City Clerk
for the file. However, I wanted to show you at least, so we all would be
talking about the same properties. If you look at parcel 1, that parcel is
owned by Coconut Grove Camera, Inc. You'll notice that there is no private
alley. There's no private alley or any right that extends past that property.
Now, what we have is Biscayne Engineering has certified this sketch and we
have a copy of the deed, which I also would like to give to the City Clerk,
which is a deed, a waranty deed, which is Sally Sams, Murray Sams, Jr., Edward
McBride and Gail McBride. Thereis no private alley in the back. There's no
easement in the back. So, what's been happening is these people have been
using somebody's property and with their consent. Suddenly, that person has
joined in our appllication. In the record, there's a letter from Coconut
Camera, Inc. and says its: 'to the honorable members of this commission, and
honorable members of the city zoning board' and says 'the undersigned is the
owner of the property directly adjacent to the proposed PODSAID SUB division
on the west; the undersigned agrees to join in the plat; not for the purposes
of submitting its property to the plat, but to show its acceptance and its
approval of the plat and the alley closure.' They have joined in the applica-
tion for the closure. So the property directly adjacent abutting the alley
on the west is now an applicant along with the people on the north and south.
Now, these people would have you think that they're locked in, completely
surrounded, but they're not. They're on Grand Avenue and I did at one time
very detailed sketch of the entire zoning ordinance to show that over 50% of
the properties in this city, that are zoned commercial, do not have a service
-by an alley in the rear and this one doesn't either. It was simply was a right
that was granted to them or something, a use they had and now, the owner has
said no, I don't want it anymore, I want to close the alley; I want to use
my property and he has put up the barracades.The property directly adjacent
to Parcel #2 has, also, said they don't want it. The only parcel that wants
it is Parcel #3 on your sketch. So, he has to go over two privately owned
properties to get to his property. Now, as far as all these services and so
fcrt h, that they've said they've used this alley for, that's a 10 foot alley.
To get that third property you'd have to back a 165 feet down a 10 foot alley
where you have to back 165 feet into the public right -a -way. There's no
turn around on this property. The situation is that nobody, no garbage truck
or anything that is going to back down there or fire truck that going to go
driving down there. They probably won't fit down that 10 foot alley. The
fact is that what was happening was, we, my client, was permitting these people
to use its property for these services. My client is the owner, as shown up
there, of these old Chevron Station, Coconut Grove Post Office and this property
right here, which is called Blue Water Marine, has leased the rear. of these
two properties, which is a bike shop and Peninsula Federal. and what wds
happening was right in this cornor, there was a dumpster there and my client '
k
Rct t° k
75, U 'r `
f 1
Mr. Andarsoh (continued) was ptrMittihg the sahitati6h tbtVioe to 66Md in
and over the fence pick up the dutPster. That what was happening, Okays
you know, we permitted that and we came in here, they opposed us and we per-
mitted. They came in again and we had all this fighting with them and they
opposed us again. Finally, my client just gut tired, you know, of letting
the opposition step on them, so to speak. I mean, you know, how... if you
hit an elephant enough times, suddenly it's going to step on you and that's
what basically what happens. So, as far as these other departments, Department
of Solid Waste and Fire Safety, they are on the Platt and Street Committee,
They recommended the closure of this alley. I don't know what else there was.
As far as the private lawsuit, it's a private lawsuit and that's going to be
decided in the court.
Mayor Ferre: Let's get the other attorney now a chance for rebuttal, if he
wishes and then, discussions with the Commission and then we've got to vote.
Mr. Richard: Probably the most important thing to show here, tonight, is
based on a mis-conception of fact. That is that alley ends where that map
shows it ends. And the best way that I can have to show you where that alley
goes, fits what is often true and that's sometimes a picture is worth a thou-
sand words. I've got a photograph of that alley and at the end of that alley,
in this photograph, my client's property. I've only got one, which I'd be
glad everybody to take a look at.
Mayor Ferre: Fine. Fina. Pass it around, we'll be glad to take a look at it,
Mr. Richard: It is now that alley that my client obtained his garbage disposal
and that my client obtained the gas for the hot water in the building. It is
now that alley that my client has obtained those services for over 20 years.
What this lawsuit is about is not crossing private property, but using a pre-
scriptive right, which, in fact, doesn't give any ownership right on the pro-
perty, but gives the right to the way over and pass the property. And it is
not a lot, it is a paved alley, as you can see from that picture. And, in
fact, it goes over 100 feet, past where that survey shows it goes, and, I
don't know why that survey doesn't show the truth, which you can see in the
picture, and over a 100 feet past where that drawing show it goes and gets in
the picture. That's number one. In answer to Mr. Plummer's question, as to
why, in fact, access could not be gotten into that vacant lot, which is, in
fact, one building over from ours, that vacant lot is part of the premises
which is owned by the doctor, Dr. Lawson. And, in fact, we have no prescrip-
tive rights over that lot. We haven't used that lot for 20 years. And, in
fact, there is no paved alley way for trucks to pass. And, in fact, it fronts
Grand Avenue where there is a sidewalk. In fact, trucks can't and will not
drive over the grass, of an unpaved lot. They have no right to do so nor
do we have the right to do so. The only right that we have is the right to
proceed up to the public dedicated part of the alley and then out to Virginia
Street, which is, in fact, the only way that hot water is going to be re-
stored there. And the other thing that is very important is, and, these are
the reasons and the Minutes reflect it, is that the Zoning Board recommended
the denial. And, in fact, the comment in the approval recommendation of the
Planning Board, that, in fact, it leads no where, in fact, again, is incon-
sistent with the picture, is inconsistent where it does lead and that's to the
essential services of this building and these people and their property rights.
If, in fact, this Commission were, tonight, to vacate and give up the public
rights to this alley, then, in fact, these people will advise the Circuit
Court tomorrow that it doesn't matter if they're ordered to move their ob-
structions, because the City has ordered that the alley be closed. And, in
fact, they'll should just have to go without hot water, because they're not
going to get hot water, becuuse the front of the alley has been closed by
the City. The City should not be used in this fashion. And, in fact, if there
are any disputed questions of fact, which obviously they're, then an investi-
gation should be made into those. And if, in fact, this Commission is not
144
t
F
made.
Rev. Gibson: Let me ask a question, Mr. Richard. I'm sorry.
Mayor Ferre: Well, let's see if we have anything else from the elephant or
the elephant's representative. And then we'll get the questions. And Counselor
I'll give you a chance to go after the elephant again.
Mr. Anderson: There's a difference between private rights and public rights.
We admantly deny that there is any private rights that exist over this alley.
You don't need this. The public doesn't need this alley. The situation is
you do need the property surrounding this for dedication. That property, we're
willing to make the dedication on, if they want to go file a private lawsuit
over their private rights, then that's not your ... I don't think it should
be your concern.
Mayor Ferre: Okay. Who do you represent?
Mr. Potts: I'm so used to be in court, your Honor. Mayor, my name is
Patrick Potts and I am one of the owners of the property and I am, likewise,
an attorney, although I'm not representing myself.
j4
Mayor Ferre: The owners of which property?
Mr. Potts: The property which is outlined in blue.
Mayor Ferre: You're part of the elephant then.
t
Mr. Pot'.s: Correct. I've had my rear kicked enough enough and I've been ,
sitting there...f
Mayor Ferre: Okay.
Mr. Potts: .....I keep bouncing all over.rt��t
Mayor Ferre: Okay, go ahead.
Mr. Plummer: Are you the stepee or the stepor?
Mr. Potts: Even as an attorney I can't figure out who's the E and the Or.
There is no alley past that 100 foot portion. Two, I'm not party, none of
my partners, the other owners of that part of the property, are any parties to
any lawsuit. They've, the people in opposition, have filed a lawsuit against
some third parties. I am not party to it. I want the Commission to understand
that. So by acceding to their request that you wait until the Circuit Court
to make a determination, as regarding me, it has nothing to do with me, the
ldw'suit. I'm not involved in the lawsuit. I'm the petitioner to close the
alley.
Mr. Plummer: You didn't sell the chain? >>
Mr. Potts:
I didn't sell the
chain.
P,,
F�
r
Mayor Ferre:
Father Gipson?
th = ty ,
Rev, Gibson.
I'd like to ask.,.,gp ai►aad,
you all tjot th cjh�
want to ask a
question,:
E
{f
�4D
MAY 2 8 1981
Mr. Richard: wneLneL ---I`think that it is question tnaL
of an alley and I'm showing it all to you,
borders on the ridiculous. If we were to adjourn and go over there tomorrow
morning we'd see what's in this picture. It's an alley. It runs back to
my client's property. The only difference between this picture and what you'll
see there, is you're, also, going to see where this picture now shows an open
alley, five steel pipes filled with concrete and to foot chain length
ofence.
And those pipes and that chain length fence were put on the property
hat
people who have been made defendants ofwasthe
thelawsuit.
who just stood heree tWho
the man who put that on their property ave their permission. So when he
ask them for permission to do it and they g
says he doesn't know anything about this, I think that belies the frightness
of what's happening here and the legitmacy of whether the elephant is stepping
on the property owner or not.
e the pipes and the chains are present, is it
Mr. Plummer: Counselor, wer
public or private property?
Mr. Richard: That property is private property, your art r. Howeverpropetrhtyt's
not the point. The point is that my client owns p
And it abuts the ill feet.
Mr. Plummer: My people and this certification here say that's incorrect. NOw,
this is a certified plat by Biscayne Engineering. It's not the City people.
This is Biscayne Engineering, a respectable firm in this community. It's
private property.
Mr. Richard: That's right, but the concept of private property reczgghes
t.
a prescriptive right, which is constitutionally protected property
Mr. Plummer: But that's not our consideration here this evening.
Mr. Richard: Well, I think it is.
Mr. Plummer: What you're trying to say, Counselor, is because its been used
for 20 years it has an infinitum rignt.lou've got to argua that in court.
Mr. Richard: I'm not saying that. I'm not andying that'sat. That the other point I
ls the awant
this state. And, in fact, that quesw of
tion,,
to make..
Mr. Plummer: That's not going to be decided here.
Mr. Richard: Well, I agree. That question is before the court and if the
to the first 111 feet before the question
City is going to abandon its rights
who has what rights in the balance of the alley beside it..
Mr. Plummer: Counselor, you've just admitted that this is private property.
Mr. Richard: My client's property. All I'm saying is that it's not the City's
property and this is why the City doesn't have the right to abandcin the first
ill feet. fthi
" '
Mr. Plummer: Then what you're saying is this owner can do it without cotnin l
here. r�z'
Not the pub
property, they can't do anything about Xt
Mr. Richard: p
! rt
4� D
,%k"�,�,�s 51�'�"i Pt .i �3iy �i tEs{t v'' , '9c�. '�-
MAY 281981
S1i"�.{ S"�YY .tfer�`� "114bt
ANO
Mr. Plummer you're said this is pki ate hot public. k,
Mr. Richard,. The property My client maintains runs right up until the first .
111 feet that you're asking to abandon.
Mayor Ferre: All right, look...,well, Father Gibson has been trying to get
a question...
Rev. Gibson: That's all right. Go ahead, J.L. Go aheadt you're doing good.
Mr. Plummer: Look, is there any way...it is proposing to close your client's
property?
Mr. Richard: Yes sir.
Mr. Plummer: No. It's not. This shows clearly that where the alley stops,
Mr. Richard: If you close —if the City closes that alley, you're closing all
access to client's premise.
W
Mr. Plummer: That's a different point. That's an entirely different point.
This man owns this property.
Mr. Richard: To the contrary. We own the right to cross that property. 7
Mr. Plummer: Where? Where do you own that right? n "-
(
Mr. Richard: That lawsuit that's on your desk was....
Mr. Plummer: Fine, you argue that constitutional question in court. We're
talking about ... we're talking about a zoning application that is before us.
You see, I just argued this a little while ago, and that's a man's right who
owns private property to do what he wants to do with it. This is his private
property. He wants it to use it.
Mr. Richard: No. The property being closed is not his private property.-
..
Rev. Gibson: You just said that it doesn't belong to the public. 'e3:
Mr. Richard: No..no. the 111 feet does belong to the public.
Mayor Ferre: All right, Father Gibson?
1.4
Rev. Gibson: We have a deed to that effect?
Mr. Richard: Yes sir, Father Gibson. The public owns that 111 feet and it is
tonight that the public is being asked to waive and give up their title to
that 111 feet. And beyond that 111 feet, and to close it, my client has a -
property right which will cut off, if, in fact, this Commission closes that
111 feet and gives up its ownership.... there's no question that you own, the
City owns, the first 111 feet.
Rev. Gibson: I don't understand when we ask the question is this public
property, you admitted it's not public property.
Mr. Richard: No. Mr. Plummer asked me if the property beyond the first III
feet was private property. In fact, it is, that's exactly the point. The
first 111 feet, which is not, is public property, That's the part that you're
been asked to...
t h sy`�{E M � 9it�st��'"E��a P � i 4•' y l i* r 4 A� ti � tza`� } s - k
1 � �Kaf
ji
MAID 281,0081
_y wit-t?xs''!7y -{`sz X5•- �5 T 4`7F t `a, '': yk ` 5:.: F`ry t J••
i,,�''`.'`aii ���r�i°���r �it„�ai� S h�..w hi^.Ir�r �tXi ^s t��:�e-�rr,��+.��'� •..''ar R �:� �y`'o w",t.�F t ,} z�_h 1�� iA £ '�i�',,tU ���rb.�twi?a,1��:t.�� s. �F.
5 F}",`4F s x ,t t ih S {'t ',•'`�+` :At.�''%�r.`f-,"%i rB'� i'�S,i "'ujt t?Lr'Se }'' I JI "ttt i ti 7S 1.;�`,f C 13zi, '' e s`X'�
Rev, Gibs6he I'm going to Ask..►Wd1lj I was but thbre yasterday, as late 'as
yesterday. I'm very curious about all that parking, you all don't want to
use that parking lot and all like that and that. You know, I'm very curious
about that, And don't want that alley closed. Now, like you, plummet, I'm
like an authority on that part of the Grove, because I have no where else
to go, but right up there, understand? So, I see daily...let me ask the
staff. I'm going to put you on the spot. Are you telling me there's nothing
wrong with closing that alley?
Mr. Whipple: Yes sir. That's correct.
Rev. Gibson; There's nothing wrong. I move. I move that we close the alley.
Mayor Ferre: All right, there is a motion and a second on Item 10, that the
recommended approval in accordance established by the Plat and Street Com-
mittee in closing of that alley be approved. And it has been properly seconded.
Is there further discussion on item 10? Call the roll.
The following resolution was introduced by Commissioner Gibson, who moved
64. CLOSE/VACATE AND DISCO:ITIidUE PUBLIC USE OF Ti;AT PO:'.T1O:v OF :;E 4TH
AVE:dUE OF I;E 24 ST. ETC. (TEi7TATIVE PLAT ft1116-"DAG1'.ER VILLAGE"
Mayor Ferre: We're now on item #11, an application by Assad Dagher for the
Vacation and Closure of N.E. 4th ...
Mr. Plummer: Wait a minute. What happened to 8?
Mayor Ferre: We're coming to it in a moment. I think that we can get through
this real quick now, Is there any problems on this? Is there anybody here
against?
Rev. Gibson: On what?
SCfY Sk sa�J tG
a 7 • 4 ttt t1 t -i � n� flr ^y'' tag iJ J! F a� r J ht 3�A �
it
d
MAY 2 819 81
t,6�, , t"C�; Mayor Ferre: 11• z� is recbm Pft7el b tf F1 i CiA � !zA���."
MArd 5C Voted for it,
Rev, Gibson: I made a motion,
Mayor Ferre: Gibson moves and Plummer seconds, Item 11, Vt ether
distttsslob,
Call the roll.
The following resolution was introduced by Commissioner Gibson#
who moved
its adoption:
RESOLUTION NO.81-484
A RESOLUTION CLOSING, VACATING, ABANDONING AND DIS==
CONTINUING THE PUBLIC USE OF THAT PORTION N.E. 4TH,{
AVENUE OF N.E. 24TH STREET FOR A DISTANCE OF + 110'
IN CONJUNCTION WITH TENTATIVE PLAT #1116 "DAGHER
,f f`x
VILLAGE".
P ,J
FF
Upon being seconded by Commissioner Plummer, the resolution
wad pasted and
adopted by the following vote:
AYES: Mr. Carollo, Mr. Plummer, Rev. Gibson and Mayor Ferre:"
{
if E pj
NOES: None.
ABSENT: Mr. Lacasa.
�'S• GRAINT 6-MONTHS EXTENSION: OF CONDITIONAL USE TO PEm"TIT CONSTRUCTION
OF A BUILDING WITH MEDICAL AND DENTAL OFFICE USES (AS HEREINBELOt'
SPECIFIED) ("COCONUT GROVE OVERLAY DISTRICT")
Mayor Ferre: Item 13? Mr. Zahid...we're not going to take up 12 for a
second. Were going to go back to 8 in a second. An extension on ... I'm trying
to get rid this, which is a non -controversial item,....for medical use, the
Planning Department recommends approval, so granted on November 17. Is there
a motion?
Rev. Gibson: Move.
Mr. Plummer: Why ... okay..second. Why you haven't done anything in`a year?
Who's the applicant?
Mayor Ferre: All right, Mr. Chaudhry? Who are you, Sir? Who are you,
Sir? Your name and address for the record.
a f,
r
Mr. Plummer: The question is ... we approved this, how long ago?
Six months ago. '
1 ,
Mr. Plummer: Six months ago, why haven't you done something?
a six months extension. ,
Mayor Ferre: All right, Plummer moves 6 months, second? You have a gt3estlQll?
You don't like 6 months? What's your name?
Mr. Phil Brislow; I'm Phil arislow. I'm the architect for my client
on that project. I was under the understanding rnar we nad 4r year, r .,
149
MAY 2 81981
1
IT
Mayor Pere : it it . Now its 6 'twhthb
Mr: Perez: Extension is up to one year.Whatever the C6it►ibsi6h dit4asi
Mayor Vei:re: The Lean says 6 months. He took them at their word.
Mayor Ferre: For the discussion, call the roll.
The following resolution was introduced by Commissioner Carc,1160 who Imoved`
its adoption:
RESOLUTION NO. 81-485gn
A RESOLUTION GRANTING A 6 MONTH EXTENSION OF A�
,
CONDITIONAL USE A5 LISTED IN ORDINANCE NO. 6871,
ARTICLE VIII SECTION 1 (11)(c), TO PERMIT CON-r
y'
STRUCTION OF A BUILDING WITH MEDICAL/DENTAL OFFICE
USES ON LOT 5, BLOCK 27; NEW BISCAYNE AMENDED (B-16)'
K
r7 BEING 3111 S. W. 27TIl AVENUE AS PER PLANS ON FILE SUB-
JECT TO THE VOLG'NTAP,Y DEDICATION OF THE WESTERLY 15
f
FEET OF LOT 5; ZONED R-4 (MEDIUM DENSITY MULTIPLE)
AND SPD-2 (COCONUT GROVE OVERLAY DISTRICT).
Upon being seconded by Commissioner Plu;rnmer, the resolution
was passed Arid
adopted by the following vote:
i , e
s
AYES: Mr. Carollo, Mr. Plummer, Rev. Gibson and Mayor Ferre.
, �
4
t
NOES; None.
fil
ABSENT: Mr. Lacasa.;
Mayor Ferre; All right, we're back to 8.
6o.
1,i ':Y APPLICATION *LADE BY LL'1S RODRIGUEZ-IZNA3A TO Ct1ANGE ZO\I\G
0 APPF.OXI*LATELY 260 NW 40TY. AVEi Ur FROM R-1 TO R-2
Mayor Ferre: We're on 8.
Mr. Plummer: Is there anybody here on 8?
Mr. Whipple: Mr. Mayor, the Department has recommended denial of this item
along with the Zoning Board, as indicatedon the map b ing ro ect-A w e
that this is encroachment into the established single-?aiuil aiea, w-1'ierga Se
R-2 zoning area to the west and south of the subject property, is likewise
established and we feel that this request for a change in zoning would be
a breakdown of the single-family character and zoning in the area.
�r f
� ,�xffi jai
Ya,,+ cAN, Y ia'
150
MAY 2 8 19 81
na:
Ntf', Julio Perez: My name is Julio Poret, I'm here on behalf of br. lthagaj
who is making this petition. Actually, what we are asking for tonight is
to have this section changed to part 1 to part 2. And the reason why we're
doing this, is the fact that their families have grown within the past year
and what they want to do is build a duplex, since things are getting very
hard now days, they want to set up....set aside so, they can have something
over there in the near future. Not only would they benefit, but also, the
City of Miami would benefit to the facts that we're going to bring a new
dwelling area into the area and its going to give a new dimension to it. It's
not going to benefit us or for profit, its just for the fact that we need two
houses to accommodate their two daug thers and I don't see anything gross in
here. You know, we're only asking for a simple petition. That's all. And
the fact that behind that there is a yard, too. Half of that unit is backyard
is a R-2.
Mr.
Plummer:
How
long have you
owned the property, sir?
Mr.
Perez:
Excuse me, sir.
Mr.
Plummer:
Are
you the owner
or the counselor? Are you the attorney?
Mr.
Perez:
No
sir.
iq ,
Mr.
Plummer
How
long have they
owned the property?r;
Mr.
Perez:
Two
years.'��
Mr.
Plummer:
Two
years. When
you bought it did you krbW '1t Was�',�lh
Unidentified lady: Yes.
Rev. Gibson: Let me ask you this. Aren't the people live around there, T`''
went and saw yesterday, aren't those people entitled to a protection they
thought they had when they, too, bought or they, too, built. mere you
say, we need two buildings instead one.
Mr. Perez: Excuse me, I'm not saying building. I'm talking about two
dwellings.
Rev. Gibson: Well, two dwellings is two buildings, man. What you call that?
Mr. Perez: I'm talking about a duplex.
Rev. Gibson: All right, everybody around there has a single-family dwelling.
Well; we're talking about the front. All on that side, all of here, at least,
that's what I saw. Are you telling me that those people have made their
investments thinking that there is a single-family dwelling and what we ought
to do is let you to go across the street here and build a duplex? Is that
what you're telling us to do?
Mr. Perez: I'm not telling you to go accross the street and build a duplex
I'm asking, you, to change that from R-2 to R-1, being the fact, that, behind
that house is an R-2.
Mayor Ferre: All right, Commissioner Carollo seconded the mot'bn, „ la t�hef`a
further discussion on Item 8?
Mr. Plummer: Mr. Mayor, I would assume that the people who are hard al
in objection have no reason to speak now, is that correct?
Mayor Ferre: Are you all here as objectors? Who are the objectors on.
this'
Raise your hands so I understand. I don't think its necessary for the ob-
jectors to speak. Are you an opponent?
Unidentified: No, but I would like to support him.
Mr. Plummer: Then you're an opponent then.
Mayor Ferre: Go ahead, make your statement. I'll let you make a`sta.tement.
Mr. R.Baro: :I live within the neighborhood and I see his point of view.
Ms. Hirai: Excuse me , your name and address, please.
Mr.Rolando Baro• My name is Rolando Baro, and 1 live just a Lloch
away. About 40th...
Mr. Plummer: Which way, sir?
Mr. Barrows: Right on the 13 on 4th Street. Forith and Fourth, right there.
And the way things are going now days, as far as the housing, you have to move
out far out or pay very high to buy another unit. Within myself, right now I'm
at age where I'd like to move out my house or buy my own place, because I'm
married. And most likely, that is what the gentlemen is doing. I do not
know him personally. A lot of my neighbors are doing, making additions to their
homes and would like to, if they could, put a kitchen to their additions, but
they cannot, because of the zoning. So, I would like to his variance granted
for the simple reason may be I can do the same thing in the near future.
Rev. Gibson: You made the point for me.
Mayor Ferre: All right, call the roll.
The following motion was introduced by Commissioner
Gibson, who �npve$ its
adoption:
�
MOTION NO. 81-486
' TO -
„j��
A MOTION TO DENY APPLICATION MADE BY LUIS
ter.
RODRIGUEZ-IZNAGA TO CHANGE TO ZONING OF
APPROXIMATELY 260 N.W. 40TH AVENUE FROM
} 1 �'�, �� �
R-1 to R 2.
�i
Ton being seconded by Commissioner Carollo, the motiQA wee
Adppted by the following vote;
�
AyFS; Mr. Carollo, Mr. Plummer, Rev. Gibson and Mayor Ferre.
Fri
N
NOBS ; None.
ARSgNT; Mr. Lacasa.
12
MAY 2 81981
MAyot Ferre: Call right, that"s on fitst reading. Thank your
67. (A) APPROVE REFUSE INCINERATOR AT JACKSON MEMORIAL HOSPITAL AS
AIN ACCESSORY USE SUBJECT TO JACKSON'S EXCLUSIVE USE.
(B) Il%STRUCT AD14INISTP.ATION TO AMEND CODE TO ALLOW HOSPITALS
TO APPLY FOR PERMISSION TO HAVE A REFUSE INCINERATOR AS
ACCESORY USE,
Mayor Ferre: We're now on Item #12.
Mayor Ferre: Number 12, sir. This application by Jackson Memorial Hospital,
Mr. Plummer.
Mr. Plummer: Excuse me.
Mayor Ferre: Jackson Memorial Hospital for permission to erect a refuse
incinerator at approximately...it says for use of Jackson Memorial, In 10
minutes you can get to it.
Rev. Gibson: Come on, man, address 12.
Mr. Plummer: Here's what you're faced with. You're faced with a serious pro-
blem in this community of .....all right, what else is new? You're faced
With a serious problem in this community that has to be done away with in, a
proper way. We're constantly reading in the paper about dumps containing
materials that are not supposed to be there and should be incinerated or
other reasons. Like in Orlando, wherever it be. Now, it just seems like to
me if we're going to allow and tolerate Jackson to do this, then we should
allow the other hospitals, rather forcing them all, to want to consider having
on their own individual, that one be used for all.
Mayor Ferre: Plummer, you've got a good point.
Mr. Plummer; Now, you know, I hate to talk about consolidation, but that is
what it really what it is.
Mayor Ferre: Consolidation of trash.
Mr. Plummer: Consolidation of miniature cretmatories. You're talking my
language...hey, you know, now give me all your rhetoric about what the book
says.
Mayor Ferre; Otherwise, known as Mercy Hospital Relief Bill.
Mr. Plummer: No, its not just for Mercy. Its for other hospitals E,�Fz,
Mayor Ferre: Heart Institute...,
y
Mr. Plummer: Big deal. Jackson can charge for it. }'
. a
Mr. Gary: Mr. Mayor, first of all, this... - �r
t ^,
Mr. Plummer: Why? Why is that a ?
y y problem. When other people used ouv,*aa,
disposal plant on Virginia Key we charged for it.
Mayor Ferre; Let the Manager have his word, please.
yyyyyy
MA
��Ej
t d i iVf i S� a �Jzz
r
Y h F xG t _ t �, y `3 r t o y {. t .- ✓ l _ y r3
y.
Mrr, $1B f h t ht M a4br' td av� his drei� ►� his v�zsrd
earlier i1i the days
Mr. Gary:
Mr, Mayor, members of the City Commission. The Code specifically'
prohibits the building incinerators, w�thethe
usedcintion, that conjunctionhwithey aoperation
be Used
for accessory use. Which means it can t b
of the hospitals. That's the first point. The second thing is is YOSeadvertise
this as an accessory use, so you can only deal with as an accessory
third issue becomes, if want to use it as a principal use, you have to go
through the process again, as well as, s�of ermittingasprincipal themto useuse+ it as n
other for you to do the latter, in P
principal use, the Code has to be amended.
Mr. Plummer: You mean you're telling me that thesh? public
That'shealth
he trust is
su going
to go into the primary business of burning
of that property in the hospital? Be reasonable.
Mr. Gary: Mr. Commissioner, you know, we, as well as other public entities,
are in a business of selling certain services, which we do quite often. But,
I guess, what I'm saying to you is that Jackson Memorial Hospital petitioned
or requested of this administration for accessory use in conjunction with 'their
hospital. We comply with that request in conjunction with the Code and we
advertise. Now,I think that the important thing that Jackson Memorial Hospital
wants, immediately, is the accesory use. Now, the city Commission, I would they
recommend that the City Commission, vote for the accessory
ue andwant to extend it to principal use, that you amend the Code and I think that
you ought to be restrictive in terms r f their Code, so that you won't have
incinerators being popped up all
Mr. Plummer: Do you realize that you are playing with public health?
Mr. Gary: Mr.Commissioner, I don't feel like I'm playing with public
health. Primarily...
Mr. Plummer: You are.
Mr. Gary: Let me finish. Jackson Memorial Hospital requested for access-
ory use. Accessory use means they want to use it in conjunction with their
operations. If they want to change, they have no problem with that. But,
what I'm saying is that there is a procedure that you have to follow to per-
mit that to occur. The first being that youhavetto change the code and
the second, that they have to petition you
odo
Mr. Plummer: Howard, you know what I'm trying to accomplish? Tell me how
Mr. Gary.... after we get finished Mr. Mayor I want to reconsider Item 15
for Mr. Gary. The hell with Howard. Mr. Gary, Honorable Manager, for a
short period of time, you know....
Mayor Ferre: Just don't call him, my dear Manager.
Mr. Plummer: my dear Manager, you know what I'm trying to accomplish for
6 p
public health. Now, don't give me the stumbling blocks. Tell me, how I� ..
Can do it.
ioner, I concur with what you're trying to do„
Mr. Gary: Mr, Commiss'
c
Mr. Plummer; It don't sound like it.
Mr, Gary:
Well, what I'm trying to do... first of all, permit Jackson
Memorial Hospital proceed with a very urgent request and the way you do that
is to allow what is permissable by law. ANd that is accessory use. Secondly,
54
MAY 2 8 1�1
P'-
AW
c
5
Msr% GAPY1. (continued) that's the Way you advertise, That will give theffl the
aright to begin their construction and to proceed. The Second PtocesS is that
you amend the code to permit a principal use and then they come to this
process again. okay?
Mr. Plummer: And you're going to have that process on each individual
hospital. That's ridiculous.
Mr. Gary: In the Code, Mr. Commissioner, and I'm going to let the attorney
tell you this. If you amend the Code to permit the hospitals to do it for
principal use, one time, you won't have to do it again.
Mr. McManus: Mr. Commissioner, I'm sure that the applicants will confirm
what I'm about to say and that is, that part of the problem that arise about
Jackson to the present time, is that the infectious incinerator that is
concurrently operation at the 58th Street site, a County facility, is being
closed.
Mr. Plummer: All right, let's use that same argument. That same argument -
I assume, Mercy took theirs to 58th Street to get it burnt and they don't
have anything. What in the hell are they going to do? Take it Orlando? This
thing just don't make sense to me.
Mr. Perez: The thing that is at Jackson, which is a county facility, and
the county is closing what we have —let the County have the incinerator
some place.
Mr. Plummer: You know, my dear Manager, is telling me that I can't do by
law and I'm going;to tell you that my fine friend, Father Gibson, says the
same law works for you can work again' you. Now, damn it, we're trying..
ahem, no more shucking and jiving. Now, damn it, tell me how we can do this
thing?
Mr. Reid: Mr. Commissioner Plummer, I'm here to protect my Manager and
Mr. Plummer: Somebody better protect him...
Mr. Reid: I would like to suggest that there is two options available to
Mercy Hospital.
Mr. Plummer: Fire, Gary..
Mr. Reid: One option is to come in for accessory use and as has been done
here and constructional incinerator and the second, is for us to act quickly
allowing Jackson to establish their incinerator also as a principal use and
if Mercy wants to contract with Jackson, they can do it.
Mr. Plummer: How long will that take? How long will it take?
Mr. Perez: In the neighborhood of 3 months.
Mr. Plummer: Three months? Then I would suggest in that 3 months period of
time you stack all of that stuff in Grove Park on 8t.h Terrace, in front of
Gary's house.
Mr. Plummer: Commissioner, that incinerator is not going to be built in 3
months.
Mayor Ferre: What is the will of this commission, gentlemen?
Ar. Plummer; I move that at least Jackson get rid of their stuff,
MAY 2 81981
ce
i f6llawiriq rerabiutitih Was intr6duotd by CidWis8idhdk PhMdr Babb �b �
� f
RESOLUTION NO, 81-487
A RESOLUTION RECOMMENDING APPROVAL OF PERMISSION TO«l+x
DEVRLOP A REFUSE INCINERATOR ON JACKSON MEMORIAL
k,
f 'HOSPITAL TRACT (55-5) BEING APPROXIMATELY 1899 N.W.
k ? 12TH AVENUE AS AN ACCESSORY USE PER COMPREHENSIVE ff';
t" ZONING ORDINANCE 6871, ARTICLE IV, SECTION 36 (2) A5'` ,'t
PROPOSED BY LETTER OF INTENT DATED APRIL 20, 1981
ATTACHED HERETO AND MADE A PART OF HEREIN; ZONED R-4
(MEDIUM DENSITY MULTIPLE DWELLING) SUBJECT TO THE �.
EXCLUSIVE USE OF JACKSON MEMORIAL HOSPITAL; ACCESS'`
' BY INTERNAL CIRCULATION ONLY, NOT UTILIZING PUBLIC
THOROUGHFARES OR PRIVATE DRIVES OWNED BY THE CITY Off'
MIAMI AND TO BE INSPECTED FOR COMPLIANCE ANNUALLY
BY THE BUILDING AND ZONING INSPECTION DEPARTMENT
4 COMMENCING TWELVE MONTHS FROM START OF OPERATION.Ti
(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"r
and adopted by the following vote:
4 r�
4
a�
AYESs Mr. Carollo, Mr. Plummer, Rev. Gibson and Mayor Ferre.
is
NOES; None.
ABSENT: Mr. Lacasa.
Mr. Plummer: This Commission initiates the action outlined by Mr. Gary
to immediately to proceed to change whatever is necessary in the ordinacne
to allow the other hospitals to use that situation.
Mayor Ferre: Moved by Plummer. Gibson seconds. Further discussion. 4.
Mr. Plummer: Hopefully its understood that whatever you change is not
going to be done on an individual basis. It will cover all.
Mayor Ferre: That is clear, Sir. Call the roll.
The following motion was introduced by Commissioner Plummer, who moved its;
adoption:
`,- -•
sW
MOTION NO. 81-488
A MOTION OF THE CITY COMMISSION INSTRUCTING THE
ADMINISTRATION TO IMMEDIATELY PROCEED TO TAKE
WHATEVER STEPS ARE NECESSARY SO THAT THE CITY
CODE MAY BE AMENDED TO ALLOW HOSPITALS TO APPLY f`
Op
FOR PERMISSION TO HAVE A REFUSE INCINERATOR ON "
f14f f THEIR PREMISES WHICH WOULD BE USED AS AN ACCESSORY
USE IN CONJUNCTION WITH THEIR OPERATION. s
Upon being seconded by Commissioner Gibson, the motion was passed ansi°r'"
adopted by the following vote:
r
AXES; Mr. carollo, Mr. Plummer, Rev, Gibson and Mayor Ferre.
NOES; None.
APSM: Mr, b494P4,
tP itsr't.�Ljt ra
M0
a r f �r twn`y i j�k]s
2 of
5 [ W II'4KA'ilJ
a t T-1p, fi`r
a
-
r k
[ a
r HF 'x ;._'41511°fa•EC .T
:1
.
',
- ^e.td}b Af
68. AMEND 6871 - CHANGE ZONING CLASSIFICATION OF LUMMUS ISLAND, SAM'S
ISLAND, SUBMERGED LANDS, ETC. TO THE LIMITS SET BY T. P. NO. 1093
"PORT OF MIAMI EXPANSION".
Mayor Ferre: Take up Item 1 quickly. This is an ordinance on second reading,
Dade County Park Authority R-1 to W-1, moved by Plummer, seconded by Lacasa.
Plummer, do you move?
Mr. Plummer: No, Plummer didn't move it. Why is the County here to tell us
what we want to know about it? Why isn't it a GU is what I want to know.
Mayor Ferre: You moved it last time, didn't you?
Z�
Mr. Plummer: Well, I can ask a question on the second reading. Why doesn'ty=`
the government use this WWI?
Y �d,
Mayor Ferre: WWI is waterfront industrial.
Mr. Plummer: That's right. They don't need that. Its a County operation.
Mayor Ferre: That's the most liberal industrial use. That's exactly what
that port needs. Mr. Plummer, moves that Item 1 be deferred until the County
comes before us and explains they're creating a problem on the bonding.
Mr. Whipple: Mr. Mayor and Commissioners, may I point out that the expansion
onto the islands and the subsequent filling and the land expansion, is what
we have before this evening. The land becomes presently zoned R-1 and we're
proposing that we continue in the WI being as the existing port has been in
the WI vein. now let me further suggest to this Commission, I understand Mr.
Plummer's suggestion that certain controls be exercised and the Department
has recently concurred with this suggestion when they do not concern WI
development and uses. And we do have provisions in our ordinance that when
they expand beyond something other than WI Waterfront Related Industrial Uses,
that they would have to come before this Body for approval, such as is pre-
sently being processed to allow banking facilities, a snack bar and things
of that nature on the Island. WI is perfectly proper for the expansion and
the other uses other than waterfront and industrial will have to be processed
by a different manner for the Boards and this Commission.
Mayor Ferre: Okay. What's the wi11...Plummer, are you voting for this thing?
All right, Gibson moves, Carollo seconds Item 1. Further discussion, call the
roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871,
THE COMPREHENSIVE ZONING ORDINANCE FOR THE
r CITY OF MIAMI, BY CHANGING THE ZONING
* CLASSIFICATION OF LUMMUS ISLAND, SAM'S ISLAND, },.,
�t f
j AND SUBMERGED LAND SURROUNDING SAID ISLANDS
a '1 THE LIMIT SET FORTH BY TENTATIVE PLAT #1093 {
e "PORT OF MIAMI EXPANSION", BEING AT THE PORT F
OF MIAMI, FROM R-1 (ONE FAMILY
W-1 (WATERFRONT -INDUSTRIAL); AND BY MAKING
ySa
ry
ifff.R •
THE NECESSARY CHANGES IN THE ZONING DISTRICT
3 �
W MADE A PART OF SAID ORDINANCE NO. 6871
`ti•.
EY REFERENCE AND DESCRIPTION IN ARTICLE III,
SECTION 2, THEREOF; BY REPEALING ALL ORDINANCES
EYst".
CODE SECTIONS OR PARTS THEREOF IN CONFLICT; A,Np,
4
}4
-CONTA;NZNG A SEVERABILITY CLAUSE.
is • t
�Cary'�'
157
MAY 281981
x!{ tr t r y
r f r t ,i i3 a K trri 53 %fr t� r 11 y
r
�'
NI
a
Was ifitraduoed by C6rgi§si6hdr bib§6h and semded by Cditissian6
eaf lla and }gassed on its first reading by tide of the f6l, l ttifig, vdte! ���'� j
r
A'Y Mr. Carollo Rev. . , Gibson and Mayor Ferre.
MOOS 3 Mr. Plumer.
ABSENT: Mr. Lacasa.
The City Attorney read the ordinance into the Public record and announced
that copies were avilable to the members of the City Commission and to the
public.
69.
A."LEND 6871-"DRIVE-IN-TELLERS TO BE RECOI.12VE-NDED BY ZONING BOARD
AND APPROVED BY THE CITY COMI'IISSIOIV'
Mayor Ferre: Item
6. Plummer moves, Gibson Seconds. Is there further dis-
cussion? Yes?
Mr. Whipple: I'd like the record to reflect that both the Planning Department
and the Planning Advisory Board have recommended deial of this amendment.
Mayor Ferre: The record shall reflect that the Planning Department...
Mr. Whipple: I'd sure like that time to discuss it further, but I wanted it
on the record.
Mayor Ferre: Call
the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
MIAMI, BY DELETING ARTICLE XI RESIDENTIAL -OFFICE
T�R,r,i3
R-C DISTRICT, SECTION 1, SUBSECTION (5) PARAGRAPH
X* n4VF
(b) : ARTICLE XI-2 RESIDENTIAL -OFFICE -COMMERCIAL
A
R-C-1 DISTRICT, SECTION 1, SUBSECTION (7): ARTICLE
XIII LOCAL COMMERCIAL C-1 DISTRICT, SECTION 1,
SUBSECTION (33), PARAGRAPH (f); ARTICLE XIV-I
T{*S'
SPECIAL COMMUNITY COMMERCIAL C-2A DISTRICT SECTION
1, SUBSECTION (57) PARAGRAPH (j): AND ADDING TO
ARTICLE XVI-1 BOULEVARD COMMERCIAL DISTRICT -
tt
C-4A, SECTION 2 SUBSECTION (57) ANEW PARAGRAPH
3
(k): TO READ AS FOLLOWS: "DRIVE-IN TELLERS UPON
RECOMMENDATION OF THE ZONING BOARD AND APPROVAL
BY THE CITY COMMISSION": BY REPEALING ALL ORDINANCES
AND CODE SECTIONS, OR PARTS THEREOF IN CONFLICT,
AND CONTje,INING A SEVERABILITY CLAUSE.
Was introudced
by Commissioner Plummer and seconded by Commissioner.
Gibson and passed on its first reading by title by the following vote:
AYES: Mr. Carollo,
Rev. Gibson, Mr. Plummer, and Mayor Ferre.
NOES: None,
ABSENT: Mr. Lacasa.
The City Attorney read the ordinance into the public record and announced
that copies were available
to the memeers of the City Commission and to the
public.
158 MAY 2 8 1981
t tl 4 !
0�'�i". hii''r�sk `Yt �,ri q ,i yt k, t 4. F�`,�{�ik^+.`{�'•aas tt}a tzT itF*
AWOMMMT
t
`there being he further busintss to c6mo'before the City card§M ,!' '
the Meeting wag adj6uft0d at 1100 P.M.
h
Maurice A. Rerre
MAYOR -
Att��t
kilph 0. Ongie
City Clerk
S ' 10.1 �.., ray„ •S�► 3'�,-^t
ii° IMCORO GRATED �}
Matty Hirai��� le 96 a
Assistant City C1e�C9'9
a� �(
�gmciol
i
OCUMENT
MEETING 0ATE.
May 284 1981
DE;
ITCH NO DOCUMVIT IDENTIFICATION SSION RETRIEVAL
_ ACTION_ CODE NO._
1 AUTHORIZE AGREEMENT WITH STATE OF FLORIDA, DEPT.OF
EDUCATION, DIVISION OF BLIND SERVICES FOR; OPERATION
OF CONCESSION FACILITY AT PAUL-S. WALKER MINI PARK 11-81-449 81-449
2 AUTHORIZE LEASE AGREEMENT WITH BELAFONTE TACOLCY
CENTER,INC, FOR OPERATION OF THE CENTER FOR
A FIVE YEAR PERIOD. 11-81-450 81-450
3 AUTHORIZE EXECUTION OF RETROACTIVE AGREEMENT WITH
METRO'DADE COUNTY FOR JOINT PREPARATION OF
DOCUMENTATION REQUESTED BY THE UNITED STATES URBAN
MASS TRANSPORTATION ADMINISTRATION INRE: THEIR
FUNDING COMMITMENT FOR OVERTOWN URBAN INITIATIVES
PROJECT. (PRE -CONSTRUCTION PHASE). R-81-451 81-451'
4AUTHORIZE CITY MANAGER TO TRANSFER CERTAIN CITY
OWNED PROPERTIES TO DADE COUNTY TO BUILD METRORAIL
SYSTEM IN EXCHANGE FOR A PARCEL OF COUNTY OWNED, LAND
FOR DEVELOPMENT OF'OVERTOWN SHOPPING CENTER. R-81-452 81-452
5 AUTHORIZE CITY MANAGER TO NEGOTIATE. WITH DYNAMIC
CABLEVISION OF FLORIDA, INC. FOR USE OF CITY
STREETS FOR CONSTRUCTLON OF A'TRUNK 'LINE NEEDED_ -
FOR DELIVERY OF CABLE TELEVISION SIGNALS TO THE
CITY OF WEST'MIAMI R-81-453 81-453''
6 AUTHORIZE CITY TO INVEST 5250,000 IN FUNDS AVAILABLE
FOR INVESTMENT OF QUARTERLY BASIS WITH,EACH MINORITY'
BANK LOCATED WITHIN CITY BOUNDARIES (FOR ONE YEAR). R-81-454 81-454
7 BID ACCEPTANCE PAN AMERICAN BANK FOR BANKING
SERVICER. BANKING SERVICES FOR THE CITY (FOR THREE
YEARS) R-81-455 81-455
8' ACCEPT BID:ZETA'BUILDING SERVICES, INC,(CUSTODIAL
SERVICES AT LITTLE HAVANA'COMMUNITY CENTER). R-81-456 81-456
9 ACCEPT BID: 'HECTOR TURF AND GARDEN,'INC,
THREE REELS GREENS MOWER.DEPARTMENT OF BUILDING AND
VEHICLE MAINTENANCE. R-81-457 81*-457
10 ACCEPT BID; BISCAYNE FIRE EQUIPMENT COMPANY, FIRE
HOSE. FIRE DEPARTMENT, R-81�-458 81-458
11 ACCEPT BID; SOLO AIR CONDITIONING AND HEATING CO,,
INC, FIRE ALARM OFFICE, AIR CONDITIONING
IMPROVEMENTS 1981, R�81_459 81-459
12 ORDERING RESOLUTION; CITY WIDE 198I SANITARX
SEWER EXTENSIONS IMPROVEMENT (DISTRICT SR-5476-C) R-81-460 81�460
1.3 ALLOCATE $1,000 FOR THE YOUTH LEADERSHIP WEEK
C4MP,(FOR TROPHIES, T-SHIRTS), R-81-461 81-461
a ,D.00.UMENTINDEr
i
CONTINUED
PAGE #2
11 NO, DOCUMENT IDENTIFICATION
G
14 ALLOCATE $2,000 FOR CONTINUED FUNDING OF LOCAL
OFFICE OF THE NATIONAL ECONOMIC DEVELOPMENT
ASSOCIATION`,(NtOA) TO PERMIT OPERATION FOR ONE
MORE MONTH. R=81-46281=462
15 ALLOCATE $12j500 FROM SIXTH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUND TO NEW WASHINGTON
HEIGIITS COMMUNITY DEVELOPMENT CONFERENCEsINC. TO
ALLOW THEM TO OPERATE THROUGH JUNE 174 1981 R-81-463 81-463
1.6 WAIVE FULL RENTAL FEE FOR USE OF COCONUT GROVE
EXHIBITION CENTER FY FLORIDA STATE PLAYERS'
THEATRE (ANTIQUE SHOW AND RUMMAGE SALE). R-81-464 81-464
17 LEASE FIRE STATION AT 12TH AVENUE AND 13TH STREET
TO CUBAN MUSEUM OF ARTS AND CULTURE, ICN.-TO HOUSE
11E CUBAN MUSEUM: M-81-465 —
18 ACCEPT BID: DMP CORPORATION.SOLID WASTE FACILITY
SITE REDEVELOPMENT R-81-473 81-47.3'
19' APPOINT TOM HANSIS, ANGEL QUINTERO, PATRICIA'LYN
FUENTES, MARIA h'ITEHEAD TO ALLAPATTAH COMMUNITY
DEVELOPMENT ADVISORY BOARD. R-81-474 81-474
20 APPOINTRAYRODRIGUEZ AND JOSHUA HIGH TO THE
MIAMI AUDIT ADVISORY COMMITTEE. (NOTE: COMMISSION
APPOINT JOE'CAROLLC) R-81-475 81-475
21 APPOINT DOROTHY LATTIMORE, JAIME GAETES, JOSE FREIXA
MARGARITA ROSS AND JOSE MENDOZA AS REGULAR MEMBERS
OF FESTIVAL ADVISORY COMMITTEE.(ALTERNATES: BENNY
MOORE AND JOHN BARATT R-81-476 81-476
22 AUTHORIZE AGREEMENT WITH NATIONAL INSTITUTE OF
MUNICIPAL LAW OFFICERS (NIMLO) IN ORDER TO
EFFECTIVELY DEFEND AGAINST EXPANDED LITIGATION
DUE TO FEDERAL LEGISLATION. R-81-477 $1-477
23 AMEND EXISTING AGREEMENT WITH DADE COUNTY FOR,
ECONOMIC PLANNING ACTIVITIES TO BE RENDERED BY
DEPARTMENT OF PLANNING AND DEPARTMENT OF TRADE
AND -COMMERCE—ACCEPT _AWARD OF FUNDS. R-81-478 81-478
24 RESCHEDULE REGULAR CITY COMMISSION MEETING OF JUNE
1101981 TO TAKE PLACE ON JUNE 8, 1981 AT 1:00 P.M. R-81-480 81-480
25_ AMEND 6871—APPLY "HERITAGE` CONSERVATION INTERIM
ZONING DISTRICTS" (ONE YEAR LIMITATION). R-81�4$1 81�481
26' DENY APPLICATION MADEBY SWEET ROME,.INC. FOR
PERMISSION TO OPERATE''A NON PROFIT ADULT CONGREGATE
LIVING FACILITY 2100 N.W. 8TIi STREET-
2700:N,W. 2IST AVENUE R-81=482 81=482
27 CLOSE, VACATE AND DISCONTINUE PUBLIC USE OF ALLEY
I,o —ED WEST OF 'V, RIGHT OF WAY LINE OF VIRGINIA
$TRIET, ETC, (TENTATIVE PLAT #1098-A
A POI)SAID SUB') R=BI=483 81-483