HomeMy WebLinkAboutCC 1981-01-22 Minutesj
OF MEETING HELD ON
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PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
RALPH C. QNGIE
CITY CLERIC
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G1il'tI�'Mla &DA
(RF..GUTAR P & Z) SU1 1C JAtiL'A 'i 22, 1981
t NANCE bg
soLLrrio,.v ho, PASE NO.
DISCUSSION OF CITY ATTORNEY GEORGE F. KNOX'S REQUEST
FOR A IEAVE OF ABSENCE
DISCUSSION
I - 6
DEFERRAL OF CONSIDERATION OF APPROVAL OF A
DEVELOPMENT ORDER FOR THE MIAMI CENTER II: DUPONT
PLAZA PROJECT
DEFERRAL
7
DISCUSSION AND TE`uORARY DEFERRAL OF
HEARING ON FEC PROPERTY
a 'SC,:,SSICt
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DISCUSSION ITD,: FEASIBILITY OF ADD11IONAI_ RAPID
T?ANSIT STATION NORTh OF TH:, MIAMI RIVER
I>1:C1'ti5?Ii'':i
t:.ONI'I: ULD DISG;'SSION OF CITY A -IORNEY Gri RGF
rtFO VEST FOR A LEAVE OF ABSENCE -(;RANTING OF REQUEST
t,.:il 1'A'i'4t'tNTS ?u"�DL TOlt:t. t (�'�F,i�\S:ENT OF iRr %
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OF LA :.,Y i"z7 �1�. .��t'.:.:{ :��,l J \'I.i 1. t;� (SKE ITEM 39 t�NI) 4C)
11tis MEl"7 Ncl
h.`P[71:r l.li`; ;''!i it.L Crt".I,(l li tliit FF'FOR S
CITY DX'll:: S; RAlk,.N
BVILDiNG-PHASE 01.POSSIBLE F'L'NI)iN(;
SOLACES TO AC"::O PLISH CONSTRUCTION
0
DISC:C'SS10- AND DEFERRAL: EXE 'O ION> :0 TEE
S:'BXaISSli)\ OF A LETTER 171-*TO THE, PUBLIC RECOIN }
C0NCE:RNING GLENCOE SUBDIVISIO.":
ISCi tiS:i>,:
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PI -NOES, :'RESE ATIONS A:�i., SPECIAL ITEMS
PRESEN"i'A( i',�;5
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Si'F'?0KT IN PFINCIPLF: GOOMBAY FESTIVA%L/COCt:tN T
IL4 `iRATED CONFERFINC�E: ON SPECIAL: PLAC%S
}}_ .-mac:
4-37
PERSONAL APPI.ARA!iCF : ROBERT O'V"EN5 REGARDING .'Sr. :' i
CEN'. ER AND FEES CHARGED t.'Ri;E: O.S.P..?.
TO RESOLVE MATTER
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'f-RSONAL APPL%Rk;C:F i RACE tu�i'!;AFEFLI AR
Si AMP ()FFIC:E ON r,l N. F. 79'1'11
ACCFP ' EiI}, F :r.i::l i,I ;rTI.Ii', FOR
CONFtKM ORDERIN(' RESOLUTION-ML NOR HItH'WAY
PUBLIC Iil:ARING: FEC PROPERTY
1 +: L.0 i
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CLCtSE. CFE',TAIN STREETS. COCONUT .:ROVEA: I' I
:�: OF DAa F.. OF FESTIVA. 1:"E TO
E*N.CCtUNITERE:, I t+ITii F;,ORI5TS ON VALE: ; INES DAY IFIEB iU.ALR'i : ,
is-u
r, 3-n9
PUBLIC HEARING: 7TH YEAR C:O."UNITY :DEVELOP y-.NT
PR0GR-%,M
D 1.sC'�SSLON
70-57
I PAGE #2
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ly z;:lt tcto *CY tlI?i)Ti,kNCE-REVOCATION AND SL'SPENSiON O
OCC1 PATIONAL LICENSES ORD. Ce_;` 88-89
2C) Sl.tONM R AI -NC ORDINANCE: FIRE APPARATt:S r,t'(li I,"T I )",
REPir C TENTS AND XODIFICA7IC3NS TO NEW CITY
ADMINISTRATTO"; BUILDING 01-,i3. 9-23.) 5?-90
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FIRST A' D SECOND READING ORDI\ANC I' tEA 1 � -
APrR0PR..1i'it)ti TO INTERNAL SE.31 ;ti)S-PR,tiT S10P �!,. �L 3 s
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i �tAi`iCE �
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(REGULAR - P & Z) JA.'�'UAR�: 22, 1981
$bt�J'i1a�E h � PAI NO.
36
CONSENT AGENDA
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E:CCEPT COMPLE' ED CORK SU:CSE; E`'1'ERPRISES, INC.
FOR COCONUT GROVE BUSINESS ARF',-S LDLWALK AND STREET
LIGHT 'MODIFICA"i IOINS
R-S1-E11 III
36.2
ACCEPT COY_'T'LLTED WORE: -SABRE CORPORATION FOR
BOWL REPAIRS Ai:THORIZE FINNAL E'l C.
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t?t:.t°11'i t'i.ii-:.i`ttil..I S; BDiVIS''ON
in i tS.I..'� i �'ENIET AN 1:�1 ti: C7 l; \
C`.EiL':rE: �'.L7."�If;!ti (:.L;4S5]:FI'CATION: `3G' N.W, 31a D AVENUE
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PAGE 4
Ct4 % iffMM"1AF, 6RIDA
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rsoLUTION
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(REGULAR-P & Z) SSj5CT JANUARY 22, 1981
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PA'N0,
52
DEFERRAL OF ACTION ON APPEAL BY AN OBJECTOR TO
ZONING BOARD GRANTING VARIANCE: 100 N.E. 22ND
TERRACE CITY CO`LMISSION TO INSPECT PROPERTY
`S-81-72
; u'1-14 7
53
GRANT EXTENSION OF CONDITIONAL USE FOR PARKING
550 N.E. '2ND AVENUE PORTION DEALING WITH GARAGE
A.ND DRIVE-IN TELLER t:AS DEFERRED
R-6 --73
DISCUSSION ITE.*t: LOCATION 0 FORENSIC HOSPITAL
152- 53 -
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MISCELLANIf) S DISCUSS:.\: MEDIA CARS BEING
=
PICKETED ANP TOWED; CROWD CONTROL PROBLEMS AT
THE NEW IMMliGRATION BLILDING
e
MINUTES OF REGULAR MEETING OF THE
CITY COINLMISSION OF MIAMI, FLORIDA
* * * * * k * *
Can the 22nd day of. Januar'; , 1931 , the City CL -:mission of Miami,
Florida, met at its regular „eeting place in the City Hall, 3500 Pan American
Drive, Miami, Florida in regular session.
The meeting was called to order at 10:30 A.`., by Mavor Ferre with
the following .,embers found to be present:
Commissioner J. L. Plu-=,er, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
® 1
ABSENT: lice -Mayor (Rev.) Theodore R. Gibson
Co�;miss inner Armando Lac asa
ALSO PRESENT WERE:
Richard L. i , :sroen, CiLy Xan .tCr
R alriii Oiii; ie, City i.!L,'. K. -
i:iC ty dirai, Assistant CiteClerk
A11 i?1vo .iL i:" w i i t.: :. ri',._ b ("Un-jris.ioner J. then
ie1C tT:i'tit p1 .ye11t. Z;. a 1'leii:i1 C31 L:!_1C lar,CC t otht i1a_ _
n
a;n. si_t;'t:'ii(2L?d ny ti:L' C1 4\
or ::iiz ij?ei'i.}: Xt: utilir:, Ot -1Lj)t.CMbL.r 1.6, 19:0, l:egular Commission Xti :i'ting
o October 9, 1960, aiiil ,`ne Re,yular and Planning and Zoning Xleetings of
October 30, 1980,
sm
aw
UiSCCSSTO." OF CITY Ai:iOR':EY GLORGE F. s REc,t,i._:;1' FoR A
LEAVE OF AHSE"CF.
zrr
Mayor Ferre: We have an iien, before us which I think be%, iuse. of the
magnitud<- of the implications of it, we should perhaps de- iberate can it
first ti\'('n t17oLfii we d0 not have .a Hill lo^^'S Ston .i111' tla r;ot be able
to E.Clly Lonclude our disC'Lissiona here',. 1 have .'i ietter dated January 2"Ist
Ir m,, X,r. C�i:OX�;i^ F. tnc?i, .1r., CnE C1C}" dittOrilt}' irla It rr�3d5 as IOIl�2wti:
"Gentlemen, I iiereby respecttully rec,uest that I he relieved of my of ficial
duties for approximately niiiet;; (90) days or until "N personal le -al matters
1LI e been resolved. 'ihink you for your consideratio., ::1 ^:o;est
request, r , George " ,
Rus�.��ctrully :�t,;�.^irted Gt'or'e F. r:;.:.�. :pow, as 1 un4erstand
it, Mr. knot: his now dvci.&-a that he will clo this without p <" and therefore,
_ Mr. Clark., at this time whit is tho legal requirements. D 0 es this
colilnissioll have t;0 accept his requic-st of boini; ruliUVE'C 01 OfliCiCzl CC:tli!5
as he nal:c. in his 1«'tter° I5 that an Oil i i�jl act t.'1at We n e to co"
*:r, Robert Clark; )'0S
.''avor Fcrrc: A11. right, is ti14rc motion Lti rL."orv, Lh.Jt Mr. L;c,-rge F. Knox
be at his ri.:que,-,t, b,: rrl ii'vt' 1 Jf t]f f lt'2Lii jiltiC'ti for .ionr. ximateiv ninvt�'
(90) da- or unicl personal legal tatters ::,svG been rt::solved?
Mr. Plummer: So iilok,e..
Mlayor Ferre: Is there a second?
Mr, Carollo: Mr. Mayor, if I may open it up for qaestioning?
Mayor Ferret You sure may,
Mt. Plummer: My good friend Mt. Mayor$ Joe Carollo.
is
Mt. Carollo: I would second it for the UnLter of askinn questions-
mr. Plummer' Procedurely 1 accept it.
mayor Terre: All right, the matter has been moved and secoried. Mr. Carollo,
Mr. Carollo: �Ir. Mayor. when Mr. Knox states in the IL-Lter that he wane
to be relieved of duty, just what does he mean exactly? is he asking for
a leave of absence without pay?
Mayor Ferre: Yes. That's correct.
Mr. Carollo: Mr, Mayor, with all due rvs7cwts, lir, LAnADL Wtv Ar
leave of absence without pay. T4s Co"aissian in not row, has never teen,
or never will be a court cr jury. Mr. Knox's legal prchlems are up to
some one else to decide. it's up for a court and jury to decide. However,
there are some serious charges that he is facinS and 1 chink that If this
Commission goes along with a leave cf absence, :von if is without ra-y
likc he is now requeytin;, that. is gcinq to be a sign that we irm not.
taking this seriously st all. And 1 think it's Oust oving to be one Lcrtt
step in the City of Miami Using its cradGility. Mr, Knox is nc! quiiwv,
he in nat yujRv until proven so by a court of law. Again, I 2annor VOLU fO-
this U,sause A leavc of n5hence without pay, in my upinioa, is a SQU that
this Commission is not taking thit in the serioUS LOne and manner that it
should be.
X,, Cjar,; Ar, xAyc_ ari Com=13sloner CAM11C, POInt 00t Inat
un6er Qu law of Vinvidui , this Commission, today, does not have Powcr
remove an oll;cij! either. t5v City Clerk. or the City Manager who have
Sven appo; ntcd for a f Ua turm. Mr Knox has d-no is request 0%,
ym vjrN,21 he ininvei tiam his duty. This Commission ononot Ao anythin',
as •far ns removing ♦Mr. Knex today, removing him from his pcsitina or the
benefits dttaLhVd thereto.
fir. Carallo: W-I!, Mr. Clark, hcw can you U:1 me that thin 0mmisKlOn
is not emyvwured to r,movc any individuH thkt has been ppointed by this
Canzission.
Xr. Qlarki %r. what NM Wiling you is that tcday you may not reMCVL
Mr. Knox from his position. I'm not telling you do not havo the power. What
!'= tellinv you in that the 14th Amendment requires thst due P=Pss be
,oven Wore yan duprivv anyone of his property. Mr. KnDy, because he
o an offnial appointod for a fimcd term, has a reasonalle vxpectatic.n
continued rmy>yyvnL for the remainder of his term. and that right V,
prntentee under the Constitution,
Mr. Carolic: We "rc not questioninq the probahOlLy Of Mr. Knox onicuing
,mploym,nt wi;h the City of Miami if hc is proven Lo bu :Onnd innocent 0*
the clarges he fnve� when he or-s to court. 1 h�vc ro "i,-�
slum with :kin,
Mr. Knox back a5 our City At;"r"uv wmn Qa4 onppvns. however, it's a UV
Line between now and then. And whnt 1 am saying is tha: 1 chick that these
arc ouvo svriwun a Varges that he Ih being tacud w;th, aau tais CommissI011
ha6 the ry-ponsibVity not GUY to our employees, hut EO the whoic City
of miazi, the druple that pay the hills tor this City, LBO tax payurs, W.
takc Ous" ch,rKes in a 'Urious tone. Now, Mr. Ciark, what y,u are
70, Owt We 11aVe W LaW J"V type 0! uiffercUt PT' WeSS LU ACCOMP11hr Mis,
Vm 01 the vininq then lot it be Uo.
Mayor Ferrv: All Mr. Pluma.f-i
Mr. elunner: Xr. Mayor, I'm glad Mr. Clark put thou on the reword because
1 w; s aware v: that ruling prior to the morian Vich I offered. Mr. Mayor,
! think that If 1 could may j"st for a moment, �w 1 understand it, aO
f- 1
4)2
Mr. Plummet (continued): Mt. Clark, YOU tell M, if I'm wrong. It is my
understanding that the only action that this Corimiss:nn could take on its
own is to start the process outlined in the Charter for suspension, and as
such, Mr. Knox would be entitled to pay until such time as the process
which would be an Investigation and a hearing before this Commission for
final determination whether his pay would be stopped at that time, Now,
what we're looki).g...am I right to that paint?
Atr. Clark! Up until now, the only errnr that you've made is the fact that':
the Charter does not provide for the re-moval of the Gi,.y Clerk, or the
City kttotney. It does provide for the removal of the City 'I'lanager, in which
event you look to State law. Under the common law any offit.ial appointed
for a fixed term must have due process, a cause shown, a hearing and an
opportunity to defend against those charges. Up until now, you re ,ot-tc,-,,
line is correct but the way you arrived at wits just...
Mr. Plun=,,er: All right. Then this Commission has not instigated arts'
action. It is an action instigated by Mr. Knox hin;self.
Mr. Clark: Correct.
`tr._ Plummer: N(�w, that is t:;c� ver% 1)c)ttom line as far <Is I'r; crice.rce(i. i
blink tlia, the i lreatvSL concL—n for tln.e people o: this
is that there woulu- he 110 le�:iti opinions rendered duvin,. .. ii- erio,; 1—.-
ir. hnox. iic: t :ro*i;,i z;, ill my minu, .s relieved 1):'
3�Mi , tO 1W t Ut itiLO ;'i position w1hero f1E' Would not rt.'n-:.t_'T
`. t
fir. i: ;?..> I`ltl tacit, it is : , U-1,Cirat.:at Ui: Z;, k?�l I is if:
itarCt:; t ;e_ other r,t tut:`'v 01 ,t.-E%c ,.;iilIl, fir. !hint}: �CYvi" lit flail t:e
such LiTi:k ;i,i ..(' r . Vic': ore tl; is Comm issi C,n
Xr. Clark: 11.lii:
Xav r Ferri:': A t , I' titll , i see: that :',r Gerstein arose. O ` ou 'wi r':
c r£: r o �,n 1 is
Mr. Ric'narU larhtC:lii. I-I:a;1K. you. :'avor Ferre an"' t1(.'.ibc 'a i.'. itl' l-........5 .. i ]:i
t
':i YOU Know. ! I-l`t):-: t'I1t Ceori.e Knox. Mr. Kno% wi i 1 tinter :, i}
... T!")t .'.'..ill. t' .. C: �. 4ti0SL CI jari.�es. We are, i:onviitcee. t.hi -, lik.' Li:il.
irt:xi he 1S in tiiCt lZnCtCIPnC of t 1i.S' char, o.
J ..:l 'u...:k':?I;0T It lb iot a folonv. Thor(- is Lno aliC`�:.L'or. LotLlk% i}.tl"tt`
thin '.`�:r. i .ox d
.:C.tl'C} corruptly l�nr i'l`i't:'ivl?:.,. .. antithit l_ (.'t l' Lt(' .:ail;':
lit..' is ...it.'i'l'(i to tl.'vc i`O^l.'ittt`ii, an..' .t is (-,r ii ...7tiut,`.;lsitli,t :iti.•'
is a tr(';lt^:.i>1.+.?F o `knn'++:"C'nce in this C-ountry, under the Consti.:lltion, .,n,i
Mr. Carl I:10 11as ;iili-id(,d to that. As Mr. Clilrk Points i)ilt try VOL11, VOU ::o ^r.I
havC' One right ,o rt-mlove Mr. Knox from his office lie h-,is oluntari)•
it It :'i it.eG the pr ob e:r, by request in that tie be relieved U: outy, nV is not
secikini, any coo-pt.!nsition. If vott were to hold a ifllll dale. and
r ivt.- hits; the Cue process, which Mr. Clark has advisi.-d yvu tija; he is
entitled to, then ;(li Would Ilot onl-damage Mr. K.ox', right t, i3 lair
tri2il in thci subS[c(it.lont criminal pr(:ei::oing, but 1 lii: S<iy to oll :r.`.,
,;;,y experienk:c', that ycSI would d«Citai ,v tht: State Attor ney's c,ise :)`, hoidini-'
:i t(: i sCa4" ^ 17tar111 prior to any':itrinaa prf)Ct'tC1iS:
L?St:roper, it has ,-,ever been Gon&, alai there ? is :y t do it it: t l i
'
situation, And in addlitior, as Mr. Plu%mer points oul , X;r. Ksox wc,uId
be entit;led to draw ilia compensation pendins the holdin,,; tit Liiut c.t...::
until a decision wit:' hold In that 't".c:'arittt, You Mould ct,-rt"i ly Ice i'2.ilis' in};
his ril;Ytb. 11%' iS irincloent. of t2OSL. Charges. He will 1)t:
a jury of his pc'c'r5 %in ceri<ilrily the fair, ,yi:St
N tin io is Lo accept 1l--'s voluntary Offer to relieve- ni"Mse'lf ♦:.i dsi-%- Wt`t't;cti,t
pay until tilt se .-harges have been disposed of.
Mayer Ferro: All right, thank you, Mr. Gerste -z. Now I wou c .like ,.- ,,iike
1 tStiiC�?@ t:Cinto the re,:ora. In the first plate,
City oI Miamil..onr..iss:lon is one {:. propriety, 'list "i liueSL ()n o
judging criminal or dn, other action. 1p the St:�n ti 1)i:?'L!, the C1-;z r.ge-s
Fib'81nSL MY. Knox are Iiot critr.inal in, n6L'ure- 1`ev ,::rt, d P.:"isuGt.:r :nor. I'm
-.,®.�-_. $� ....,....� - . _ —t ._. ,...�-.... • . . 4 z R3"slt3'F" r t "' ' rru 4 9 �r
A t;
J
Mayor Ferre (continued): not in any way belittling the charge of a
misdemeanor. But he is not charged with a felony. In the third place; we
have in the City of Miami and in other govettlmental entities, under
Civil Service Rules, set procedures. Those set procedures are c.orintlon to
everybody, They are common to individuals who work in the Sanitation
Department, they are common to individuals who work as building inspectors,
they are common to individuals who work in the Police Department. We have
had within this year many individuals tha' have been charged of wrong -doing,
some criminal in nature which this is not, and yet those people h._vt_ been
susper'ded with pay. 5o here is a precede :ce whic'ri is very clear, Fc)urthly,
even `hough Mr. Knox is not, he's not, I would repeat, under Civil Servii:e
Rules, we have a standing understanding in this City that people that are
not covered by Civil Service, for example, in matter of pa% and in other
jurisdictional matters, will be treated as if they were. For example, there
are many staff people who once the negotiations with the labor unions
are over, are conceded the same percentage pay rase as are those that. ,t--e
covered by the unions. So we have ample precedent in that ... to 'that. effect.
Number five, Mr. Knox as his attorney has clearly pointed out, is going to
plead rot guilty to a misdemeanor. And last1'1, ain ! :.:link. perhaps -nost
important, thank Goa we 'live :in the i'n' CL States o America where a ^gar,
or a woman is innocent until prc-.-en guiity. And certtaizily with the a.ndi.vidua`
:sir. Knox pleading not guilty before a court, I think it is presunptuous
of this Commission, to preclude Mr. Ynox from ;pis riwhts as a citizen to ;;..VL
a fair trial. For Lis to start a hearing on this '_: `il:c' of jrcipriet_,' which
is the Only issue That we can deal with, in -my opinion, is to rre, ud u a n02
tip preaeterm.ine what that UrV IS to decide because t'1i -he
�)t;t?Irvlt4 til•'it wti.,t;lsi i s ii.." 'l.l'E:'ci. A is certainly 1 11;intK this I
courtelFy tllrlt :Vje—riCan an:eorge Ynoa is art American.
w ;:Er: Mr. Mavor, I. at this point, will ask t1he :attorne% i ?r an
)pinion as to -,y motion at Chi-�; tiIJIV fly- LhO 5 t3i
ial i k izt r I.:i� a:,%1 tc, vote or wliat. is. - -do T :ask for <i L<E; ie'.ri;Lllt Ci`, : `:
motion w t t: Proper`
Mr. � ir�Iit. `;C'ii Ccu'1 follow eitht..r course, t(, withura'v: your zotior, .:i-. �
have -:Ilr' sec,;,dcr wiLl-,draw his second w.luld let you continue on w�it:I Ur
rt;._.iaest ',bat the :matter hE' deferre ..:ouId lbc' it re uti's*1 tti
the Chal r an( t0e? Cb alr would Then de'terml.ne wile,:Ihe.l' e
leferre . Vir talking now about thu matter on the agenda for to} iay.
r: Mr, Mayor, it's ir.^.:natl'ricil at this point. - my 1'.'.Otion wi.'!1 Ili,,
charlgo. it is a Matter of the war we handle tl.is ,^.rcpe.rl�,, to ,mr.
tl:e opportunity to vote. ,Joe, do you have; any
Mr. Carol lj o: None whatsoever,
r,
:ir. plucmmer: l'L.l tw`it.hdraw the motion at this t .t"e,
X.r. Carollo: Mr. Clark, i just havE ollE question for yo , Sir. IS tt:(re
any ilin to pr,~clude Mr. Knox froir, tas -Ing this City Cr^lr...�e:rvi.Oil to agree
that he hi:nsel* will suspend himself and not .ask r: of ahsen
uzntil the charges against him are:: settled.
Mr. C:lari— As 1 understand your question, you're .,,king whether ".r.
has the right.
Mr. Car<llo: My questions is clan Mr. Knox step d,.,v:. fro!n his position
as Cie} Attorney without 11a�,rin ; to ask for ra leave of ttsence until t ,t
charges against him are settled.
Mr. Ge'r;:tein: Mr. Mayor...
Mr. Carc)llo: And I may acid for Mr. ;&rstein's benetir and 111.s clients also,
that a-s tar «es when this whole problem would be sett:ieo, if Mr, Knox is
ic,und innocent like 1 think we ,ill trope that he is, I wo�..Id be willing to
c )nsidvr hark pay based can whatever precedent t:n�,rt: has been in the City
c�i ?�liazni .
Mr. 6erste4r7: Thank you, ii?T.`l:ljssiont:r, He wot.ld ht., clearly entitle" to
that I Chink tfie=re's no question about ri at . There: is ail sorts c)
3
Mr, Cetstein (cd%tinued): ptededent tot that in the State as 'Weil as in
the City, het ine say that he has requested to be relieved of duty as pet
the lettet that Majot Forte read to you which he wrote...,
Mt:. Cat6116 That's dotteot; Mr. Ottstein, The differences sirr►.thete s
two ways in my way of looking at it that you could be 'relieved of duty, One
is the leave of absence route where you ate still under the utnbtella of the
City of Miaffii, The other brie being whete you cut the atnbilitai cord
with the City of Miami until the matter is settled And this is the one
that l ain looking at) sir,
Mr, Gerstein: lie does not intend to fulfill or perform anV of his official
duties, Aen he is relieved of duty, he would not have the legal right to
do that. And t think we're arguing a question of semantics,
Mayor Ferre: tet me... that's what I wanted to ask you legally, I guess Mr.
Clark, is there a difference between relieved of duties? In other words,
when he voluntarily is asking to be relieved of his official duty and suspended?
in other words, and voluntarily suspended? For example, is there a difference,
legally?
Mr, Clark You're talking now about whether or not there's a difference
between Mr. Knox's voluntary request that he be ,..
Mayor Ferre: Relieved...
Mr. Clark: ...of duty...
Mayor Ferre: ...of official duty.
Mr. Clark: And you're talking now about the...
Mayor Ferre: Voluntary suspension.
Mr. Clark: That's a voluntary suspension in the sense that you're referring
to. Mr. Knox is asking that... actually by his letter voluntarily
suspending himself.
Mayor Ferre: So in other words, in effect we're just talking about
dictionary definition of words. Is there any difference between voluntary
relieving himself of offical duties and voluntarilysuspending himself.
Mr. Clark: Not in the sense that you're using it for this reason. Normally,
when a person requests a leave of absence to be voluntarily relieved of
his duties it is with pay. In the sense that you use the term suspension,
he is actually suspending himself by his request that he not perform...
that he be granted permission... he's under an obligation to fulfill his
duties for a fixed term. He's asking that he be relieved of that obligation
and if the Commission wishes to, it could grant the request, and prior to
his resumption of duties, the Commission by its action today, could make some
conditions either ninety (90) days, or a fixed term or that he present
himself to the Commission before he commences...
Mayor Ferre: In other words, a rose is a rose is a rose.
Mr; Plummer; No, no. Let me tell you where I disagree now because this
was predicated on my making a motion to grant the leave as requested. It
is my understanding, Mr. Clark, that the word is not just semantica, that
the over -tone of suspension automatically triggers other moves. i.e, the
investigation, i,e „ the hearing, Now that's my understanding because I
don't want in any way to prejudice that mans standing before the court, There
is nothing to preclude this Commission dealing after that trial with, as the
Mayor ;Indicated, other aspects, but it is my understanding that if he did
not voluntarily request a leave of absence, the only action available to
this Commission was to instigate in the Charter, that related to suspending,
Suspending means that he would be in Pffice today, tomorrow and until the
ccmplsticn of an investigation end ,a full heating before this commission.
He would still be the City Attorney, he would still he receiving pay unitl
that had run its cpnrse, Am l cerrera?
JAN
it
Mt. Clark. Eesentiallys you are correct
Mt. Plummer: All fight. Because let's don't misundetsta td each rather.
Mr. Carollo: t think there's another avenue that Ve could look a't.i.
Mr. Plummer: Excuse tine; doe. Let ate finish one other tiling, He would be
required by his contract, of which we're speaking, as City Attorney during
that period of time to act as a City Attorney and to 06 the job that he
has always done,
Mr. Clark: You're talking now about the period of time when he's under
suspension?
Mr. Plummer: Yes. +
Mr. Clark: No, the Commission would have the authority to...when you speak
about suspension, he is suspended then as a result of the Commission's action.
However, the right to his office, the right as it exists, cannot be taken
away from him. He would still be the City Attorney, he would still be
entitled to his benefits.
Mr. Plummer: Right. That's what Ian saying.
Mr. Gerstein: I think the Commissioner is referring to the period of time
that would elapse before the hearing could be held, are you not, sir?
Mr. Plummer: Well that...Dick, that's just one aspect. All right? But
I'll tell you the aspect that's more important, is to George Knox, individual,
- a human being. And that is that this Commission in no way prejudices his
right to a fair trial.
Mr. Gerstein: Absolutely. And by the same token, you do not wish to
_ prejudice the right of the State of Florida to a fair trial,
Mr. Plummer: Exactly.
Mayor Ferre: Precisely.
Mr. Carollo: I think you're both correct in that. If I may get to the
bottom line of what I was trying to get to. -Mr. Gerstein, if you want to
finish this now, if you want my vote, I would vote if you're client will
voluntarily suspend himself, not take a leave of absence until this matter
is settled by the courts and this Commission then would take him back, be
obliged to take him back as the City Attorney.
Mr. Gerstein: Commissioner, Mr. Knox has submitted a letter to the Mayor
requesting that he be relieved of duty and that is his request, that he
be relieved of duty.
Mr. Carollo: It's a letter requesting a leave of absence. What I am
asking for is a letter that he, himself, is suspending himself, asking
this Commission to give him the opportunity to suspend himself, not to take
a heave of absence, And this Commission would hire him back if the
charges are found not to be soy
Mr, Plummer: Mr. Mayor, let me clarify the record. My withdrawing of
the motion was not to buy ,a vote. My withdrawing of the motion was to
give the opportunity to Mr. Lacasa to express himself on this record as I
have had the opportunity to do,
Mayor Ferro: Any other stat4monts'?
(AT MIS POINT, THE ABOVE DISCUSSION WAS TFMPPRAFILY DEFERRED)
,1 DEftkML OF CONSIDERATION OF APPROVAL OF A DEVELOPMENT OkDER
FOR THE MIAMI CENTER It DUPONT PLAZA PROJECT.
AT THIS POINTS ON REQUEST OF THE APPLICANT,
THE CITY COMMISSION UNANIMOUSLY xFERRED THE
HP,R81NABOV'E ITEM,
1.2 DISCUS3101i L; D T0-1PO ,ARY DLFLRRAL OF PUBLIC F EARLIG
01v FLC P OPLXTY
Mr. Carollo: Mr. Mayor, is item 5 going to be deferred also?
Mayor Ferre: As I understand, since there are people who are flying in here
from different parts, they have requested that their testimony be accepted
but that the item not be voted upon until Father Gibson is given the
opportunity to listen to the tapes. And then when he has that oppurtunity,
to bring it up for a'final vote. Is that correct?
Mr. Carollo: That's fine. I ...
Mr. Plummer: Mr. Mayor, we've done that on many occasions of holding the
public hearing and then having the decision made at a subsequent meeting.
Mayor Ferre: In other words, anybody. .Ernie, or otherwise, who wantsto
be heard on item 5, we will accept your testimony and continue the
public hearing until Father Gibson is able to be with us and we'll have
a full Commission.
(INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD).
Mayor Ferre: Thank you.
(AT THIS POINT, THE PUBLIC HEARING PORTION OF THE ABOVE MENTIONED
ITEM WAS TEMPORARILY DEFERRED)
197
JAN
Q
DISCi155ION ITEM- FEASIBILITY OF ADDITIONAL RAPID
TRANSIT STATION NORTH OF THE
MIAMI RIMER.
Y,ayor ferret We are on item A. All rights Dr. Dytr,
Dr. John Dyer! Mr. Mayor, members of the Commission, my name is John
Dyer. I'm the Transportation Coordinator for Metropolitan Dade County.
My reason for being here today is a request by the City and also by the
Downtown Development Authority that the Dade County Transportation Adminis=
ttation examine the possibilit.es of looking at and the feasibility of `
a potential additional Rapid Transit Station immediately north of the
Miami River, essentially in the vicinity of the FEC Freight House, where
it is today. The station would be obviously an elevated station approximate-
ly 75 to 80 feet in,the air and wouia essentially service the Sports
complex that is a concept development stage at this point in time. We've
had a chance to examine that in considerable detail over the last month or
month and a half. Our examination has gone to what the cost would be to
in effect start retro-feeding back into the system. There is a currently
under of contracts left there, the additional cost involved, the additional
equipment that would be involved and what time implications. I must report
to you that the examination does not come out to be a positive examination
on the additional transit station. Essentially, in bottom line type numbers,
it would cost us initially about two to two and a half million additional
dollars to put in Just the basic elements. It would also delay the comple-
tion of the system substantially, several months, and the station when
constructed, if constructed, would cost in the range of twenty to twenty
five million dollars. What we have proposed and have tried to examine
because it is an important issue to us, and it is an important issue: to
the City and certainly to the Downtown Development Authority as well. We've
attempted to look at some alternatives which we think would be equally good
perhaps even better in terms of the overall service of the system and what
I'd like to do is spend, if I might, two or three minutes outlining one
or two alternatives and perhaps suggesting a course of action that the City
and the Downtown Development Authority, might want to consider. What they
are, Mr. Mayor, members of the City Commission, is basically this. The
Downtown People Mover System, as everybody certainly knows, is composed of
a loop, and the loop is depicted in orange in the map that you have before
you and what we basically did also is draw in a leg, the southern leg.
The leg at this point in time as approved Ly the City and the County Com-
mission, essentially is this alignment down to the Brickell Avenue Transit
Station here, where you have an absolute link with nothing other`
than an escalator between the Rapid Transit Station that is 'above and the
People Mover Station that is immediately below the Rapid Station. The
Rapid Transit is 45 or 60 feet in the air, People Mover is 20 feet in the
air here. It's also obviously at the Government Center, the same type of
concept where the Transit Station is at 52 feet in the air, People Mover
Station is at 20 feet in the air. There are two escalator and elevator
that connect those platforms. This is the current alignment. This area
that is involved in the Sports Arena complex is essentially this area.
'It does have, obviously in a concept stage, but a na J or parking facility, it
has a sports arena aizd it has a hotel. There may be other things that get ad-
ded, there maybe a change around but those are the major features. As every..
_ Ono certainly knows, we axe proceeding full blast at this point with People
Mover "System, if I might for Just a minute indicate the loop here and what
the status of this thing is, There has been a lot of press coverage, some
of it, in my opinion# has not been accurate at all but the status basically
is this, We do have a Federal decision to proceed with the project, That's
the first important thin$. The second thing we have is we have`A grant of
58,500,000 from the Federal Government, the total grant project is about
$12.7 million to total., that's all .of the work that the Westing Ouse people
pan do in the first year and we have peon able to negotiate into the
Weatinghpuse contract a provision that in the event that additionalVedexal
funds ate- apt svailabi€, or in the event other types of funds cep not becom
available, the PrOgct,-Quid be terminated with no additional cost other than
the amount already plat in the prQJect at that ppi?t in tire, in other wArde,
—-n--F�-�---.----=-dam--
we would not pay an inordinate cost for shutting down the pfoject a year
ftdm fiow in the event no additional funds ate available ft6m any souree,
to§ically, what it atiouiits to =and I should say this- we went through and
have completed the budd-tail cat contract on the same tVoe of termination
provisions; the tdm of coutse is ifiettmetital funding and over a three-yeat
period and $30000,000 a yeat have now completed the Budd=tail car contract.
We also have completed one other contract under incremental type funding.
The Rapid Ttansit System itself for the first Almost two years had no full
funding contract; had no letter of intent and in fact we had expended about
$1500000;000 before we got the full funding contract fom the ''ederal govern'
tent, which was the thing we were seeking, of coutse, in $60,000,000. We
do have, what I'm saying is, we do have tithe to do that, they ate giving us
all of the dollars that we can expend in the first year and it is not a
case where we are substantially at risk in our judgment at this point in
time. So from the County Commission's view and from certainly from the
staff here, and certainly from the Westinghouse viewy we are all prepared
to proceed with that project as quickly as we can.
That's the loop, now if I can go to the legs just a second -because
this gets into how we examine the overall project in terms of the southerly ;
development--. This is the southern portion of the loop that is in this area
here. The orange depicts the alignment -as approved- across the Miami rover
itself. We are confident without any question that this alignment, as shown
here, with the station in this area or a station here in this area, will work.
We are confident of that at this point in time. As you know, the....
Mayor Ferret You mean as an alternate or as an addition to?
Dr. Dyer: As an alternate. There are, we are certain, other alternatives
that will work, we just haven't gone through the preliminary engineering work
necessary to cite without question that an alignment will work. At this
point in time, Kenneth Fleming is under way doing the preliminary engineering
on both legs. We certainly, plan to go through the identical process that had
occurred in the loop with the City, the County, the Downtown Development
Authority and with the Downtown People Mover Policy Committee to get exact
alignments established and exact stations located on both legs in the next
year. We would suggest and offer as what we think the most proper approach -
would be for the City and the Downtown Development Authority to suggest ad-
ditional alternatives while this preliminary engineering is going on so that
we can get settled.
-Mayor Ferre: What you are saying is that we could -I mean- there is enough
flexibility ahead of us here, where we could change.
Dr. Dyer: Absolutely. there is plenty of flexibility, Mr. Mayor, and one
of the things that I think, from our view point, and perhaps from the City's
view, we would want that station placed -whatever it is in the area that
it's most benefitial to several....
Mayor Ferre: Serves the most.
Mr. Plummer: That's the point I want to get to. Oh, I'm sorry, do you
want to finish? Go right ahead.
Dr. Dyer: Okay, basically, where we are, we believe, for variety of
reasons, the People Mover alternative is a better alternative than the
Rapid Transit Station addition. First, you can almost build the entire
'southern leg of the People Mover for what the cost of that station is.
Second thing is, if the People Mover alternativ is accepted, you have
two directions to go to and from the Sports Arena. The first direction
is the Government Center Station taking the People :lover south, the second is
the brickell Station Caking the People Mover north, So you access the
Sports Arena, the Hotel and the parking facility all from both direction
and you can also distribute people from both directions wont of the Sports
Arena instead of the one direction. And, finally, the other really im-
portant thing is the parking facility -wherever it is finally placed -
Axis to in two functions. If the People Mover alternative is not accepted
this parking facility b0c9mea not only a major parking facility for the
Sports Arena but they essentially become intercept parking facilities
for the entire Downtown, because People aimply park there --for the. People
Mover Station and so anywhere in the Downtown area: much more accessible
to the rest of the ,Central bueincse District if it's serviced by the People
Mover Station. We think there arc a iut .cf reasons why the alternativc
of the People Mover to the bcst/c�ne,
Myot Vettd! All right, iiow questions:
Mr. Plut&er! As t1ti looking at this, the way that the bake presently
runs is basically, i would say, almost splits the distance between our
Cotivehtion Center and the proposed of hoped Colliseum, okay! Then I
have to say to you if we went the alternates it is to the detriment of
the Convention Cafitet froth the distance standpoint.
Mayor Petre! There is a Station right there
Mr. Vcsttoen! You have to look at the station's location, Commissioner.
Dr. Dyer: I don't believe so, Commissionerr Plummer, because it does not
change the location of the Stationb This Station right here is the closest
as close as you can get, it doesn't move, this is the one that services
the World Trade Center and services the Convention Center, both, it doesn't
move. `
Mr. Plummer! All right, so in other words....
Dr. Dyer: What we have here is you add a station, you are adding -a station
here on the southern layout, it is not existing on this alignment.
Mr. Plummer: I see. Okay, now let me ask you this other question. If I
am riding the People Mover, can I get off at that station and go right
into the facility?
Dr. Dyer: Yes.
Mr. Plummert Without being exposed to the elements?
Dr. Dyer: You go down, and under, and back over, yes, the answer is yes.
Mr. Plummer: That would be possible regardless of whether it is raining
or whatever, the people could ride the People Mover to that location, and
get out and go right into the facility.
Mr. Fosmoen: That's correct.
Mr. Plummer: That's very important.
Dr. Dyer: The City Manager knows that better than I do.
Mayor Ferrer John, I have a question. The question is this. What is the
theoretical capacity, maximum., under a full fledge People Mover System?
J.L., I want you to listen to this, because this is the real, I think,
the crux of the matter, one of ... you _know, you are comparing apples and
oranges here.
Dr. Dyer; Mr. Mayor, under normal operating conditions, not when you have
a major event, let's about about normal operating conditions, you've got
about 7,000 or 7,500 people an hour each direction.
Mayor Ferre; So that's 15,000 assuming maximum conditions.
Dr. Dyer Yes.
- Mayor Ferre: All right, now, in the Rapid Transit System in both direc-
tions, what is the maximum?'
Dr. Dyer; Plus 30, twig.
Mayor Ferro; Twice, So, People Mover would give us half of the accessibi-
lity for a Sports Arena, Now, if the Sports Arena or whatever goes there
that would require 20#000 seats, l think it would therefore' be safe to
assume that if everybody took the Rapid Transit it would be twice as easy
to fill the stadim or whatever with -the Rapid Transit as it would be with
tho Peoplo Mover:
Dr. Ayer; Well, l think thst'd accurate as far as you are going, ,I would
1
simply suggest that it would take less than an hour to in effect line up
the people Monet systeth Vhere you can increase its capacity t6 about
25,006 an hour, What you sitfply do is you line up all of your cars and
you simply adjust the train control systefh and it can be done in leas than
an hour. Sb you can get the capacity up tot special events►
Mayor Vette Well, that's like telling me that if you rev up my little
2.2 engine car I can go as fast as a 4.5 engine car, and I'm saying sure
its true, but that's not apples to apples, because it I tev up my_4.5
tit6t6t car,'assuming everything else is e4ual, l'tn going to have to go
faster. Now, the second question that 1 have which impacts in this whole
Project is this. A lot of times when you build a glass factory, a cement
plant, or a 20-st6ty building, if you build the foundation for it; then
you can in the future expand the building, like this building here that
we have in front of us, if you put the foundation for a 20=stoty building
if you build 10 stories now eventually you can add 10. What you can't do
is you can't add 10 if you don't put the foundation there. Now, John,
I realize that it would cost $25,000000 in your estimate to put a station
at that point, My question to you is, we are not going to make that de-
cision today or next year, dr.,maybe within the next 5 to l0 years, how
much more would it cost just in foundatiuns for a future generation of
Miamians to decide whether or not they need a station there?
Dr. Dyer: It's about $2,500,000, Mr. Mayor. The biggest problem in
addition to that though is, see, the alignment we are talking about is
essentially here and basically the station would like something like that.
Now, what the problem is is one of having to... right now there is a grade
from..as you come across the river the whole system starts coming down.
Now, what has to happne is we would have to get this thing leveled, abso-
lutely leveled, and it complicates from here all the way back to the Govern-
ment Center Station, all of that would have to be redesigned.
Mayor Ferre: So it's more than just the foundations.
Dr. Dyer: Yes, sir, a lot more than the foundations, because what happens
is you have to get absolutely leveled to have a station and that's'300 feet
of level, of a leveled track here. It makes the grade from this point to
this point much steelier comine across this end. and it's a little bir of a
complicated set of revisions to the design, it's not just the foundations
here.
Mayor Ferre: Okay, I'm ready to, you know, I understand yourpositionand
I'm ready to accept it, I just want to make sure that we get all of this on
the record. Let me tell you why. We are going to spend a billion dollars
($1,000,000,000) in Rapid Transit by the time it's all over, probably a
lot more than that that's a lot of money• and at to have on, one stab
Y on
in a billion dollar system, to only have one place where you can get off in
Downtown Miami, there is only...well, New Washington Heights is not Downtown
Miami and arickell Avenue is not DowntownMiami; Now, I"realize that it's
within a relatively short distance. It's not within a walking distance
and as to the People Mover I think we have serious problems. Now, the
point of it all is that I say to you that there is not any subway or Metro-
politan Transit System anywhere in the United States -and I would say -with-
in the world— where it only has one Downtown stop. I don't think that such
a thing _exists.
-Dr. Dyer: I certainly would accept that. I think that's one of the major
justifications for the People Mover System, There is not...I think we all
agreed four years ago , there is not a functional way to put an aerial sys-
tem any closer to the Downtown area than the Fb0 right-of-way. So that's
one of the big national as well as local justifications for the loop$ and
the legs, the system, That's where I think wed. came out,
Mayor Ferro; Now, let me ask you some questions about the people Mover
so that we can get this on the record. As I understand it, what we have
now, from the previous Administration which left office Tuesday, is the
first year funding, is that correct?
Dr, Dyer; That's correct,
ypr Forgo; And that is what, 0,000,POQ9,
Dt, DY€ B,SOO,OOp faderal doii-ara, total. is $3Z I50,900,
JN 4 VV
M$yot ptttdt All tight, tiow, Mr, Lutj told me that he was going to tty
to datvd in the 1982/1W budget coihmitrneitt that would get us up to about
$28000b,0oo. Did Mf. tutt do that?
Dr. Duet: yes, he gat $25,obd,00o ih the PI-82 budget, yes
Mayot Vert#t All tight, now, that of couttse is a strong move forward
but it doesn't chisel it in stone, in other wotds, the $8,500,060 we're
got, that nobody cats take away. The c,,250000j000 for-82-85, of coutse,
is subject to considerations of a future Congress and is going to be im=
patted by whatevet the Administration is going to recommend, in other
wordsi that's not in any way guaranteed. Nowi the $12,500,ObO that you
ate talking about, how far will that get us'i
Dt. Dyer: Mr. Mayor, what we had planned to do is, of course, do the
engneering and begin the car production and the railroad.. -and the utility
relocation on the full loop. WA really feel it's just absolutly essential
that the loop be built in the Downtown area. And Our decision is premised'
on two or three things. One, we simply cannot distribute the number of
people out of this Government Center Station with buses, -it will take
150 buses to do that. I don't think anybody wants that additional 150 buses
running around in the Downtown area. The second thing is, we believe that
the funding will be available to build it and clearly it is so oriented
toward the development plans of the City for the Downtown area that neither
the County nor the City can afford to back away from this project, not can
the State, nor can the Federal Government, in the final analysis.
Mayor Ferret All right, now, then, the $12,500,000 will get us going and
at what point will we need further.►.what is the next critical point in
time where you will need commitments for money?
Dr. Dyer: By November of 1981, December, at the end. We are going to
have to know at that point what we have.. November to December of 81. We
have approximately 11 to 12 months.
Mayor Ferret So, if we have 10 to 11 months left before we reach a
critical point.
Dr. Dyer: I might just go ahead and put on the record one of the alter-
natives looks very rational at this point. I think certainly a number of
people in this room know that Los Angeles is in substantial trouble. They
are in trouble for two reasons, it's been printed in the press in. Los
Angeles and it's known elsewhere. They have a commitment from the Federal
government of $130,000,000, a total project of $162,000,000. Their cost
at this point is $259,000,000. We've been criticized for being $13,000,000
and $14,000,000 over our original estimates, they are $100,000,000 over
theirs. They've also got substantial problems with the Federal process
that they've gone through and they may well end up not having a People
_ Mover System in Los Angeles for cost questions and also because they didn't
follow the Federal regulations. We conceivably could end up with that
money, that's what I'm saying to you,
Mayor Ferret Is it possible for us to be able to get those monies without
the approval of the current Administration?
Dr. Ayer No$ not without the approval of the current Administration.
Mayor Ferret We would have to have the concurrence of the new Secretary
of Transportation, that means therefore the White douse, that we could use
another Surf Belt city earmarked fund for our People Mover. Nowt taking
into account that there has been a substantial estimated overrun in the
Los Angeles system; number two, that the Governor of the State of California
has said that he wants no part of the People Mover in TAP ,Angeles; number
three, that there is a very serious split Politically in the community
against the People Mover System, unlik€ Miami; and nutaber four, when you
take into consideration that the Los Angeles Times hap editorially now
gone against the People Mover, which is quite different from our locai
press•, and by than I mean, the Miami Herald* the Miami Mews and the three
l`Y stations and radio stat,ions. none of which have editorialised a$sinot
the People Movers on the contrary# they Are all fot it,
Mr. Plummer; But Mr, Ma Pr, L.A. and their paper, their Mayors .and their
paper, and their editorial staff get Aing,
( ►fss over gpasa Bate a Tneetin& ii# A.M:
12-
JAB'
Mayor Pertet in this case they dontt, because in this case the L.A► Times
to -ally went ggaitist the People Mover and the Mayot, of course, is strongly
fdt it: Now, taking into account all those things that I've now placed into
the tedord, I think the possibilities of those funds being available ate
edrtaifily thrte; theta it no question that this will happen in the next
ce
No bt three fildntht. Now, some people thought that pethaps my input into
the White House would be limited after Tuesday. I would like to let you
know that yesterday I :net with Mr. Carlos Villareal, who was a member of
the Nikon/ford Administration Transportation Department and I have a further..,
and who was a member of the Transition Committee on Ttan5portat16n specific-
ally addressing the Rapid Transit and the People Mover Systen and at that
meeting in Washington with Mr. Villareal I establ�shed the possibility of
further discussions once the =A people are appointed to discuss this flatter
further and I would, Dr. Dyer, let you know that at theproper time I would
like to join with you in going to see the new VMTA people, some of which,
hopefully, I think I will know to see if we can impact on that decision when
the decision comes and I would invite my Republican colleagues to join us in
that trip to help, I'm sure they will, I mean, I'm sure theyare all for it.
Mr. Carollo: You haven't switched projects here then, Mr, Mayor?
Mayor Ferrel. I met yesterday, Mr. Carollo -since you were out of the room,
I spent some time working for the City yesterday, meeting with Mr. Carlos
Villareal whom you do not know but you should know, who was part of the
Transportation Department in the Nixon/Ford years and who might again join
in and who was the person on the Transition Team dealing with People Movers
and that we have a future meeting that I've set up between I hope you, Mr.
Lacasa, John Dyer and myself, and whoever else would join us to discuss this.
Mr. Lacasa: Mr. Mayor, I want to take this opportunity to say that as far as
I am concerned and having a new Republican Administration those opposed who
are Republican should follow the example that you set, that you used all of
your clout with the Democratic Administration working for the benefitofthe
City of Miami with your connections in Washington and we will try to do exactly
the same thing.
Mr. Plummer: Mr. Mayor, I want to make the record clear speaking 1"or one, I
never expressed nor thought that with the change of Administration your access
would be limited. I expressed I thought it would be cut off. (Laughter).
John, let me ask this question, you know, old physical, conservative over here.
My problem is that basically at this point, very quickly with my calculator
listening to you and, the Mayor in your dialogue, I count with a somewhat com-
fortable feeling on $33,000,000. I don't need a'calculator for eight twenty
five,'I can do that one all right. My immediate question, if we go to that
point, the, ultimate disaster potentially is that no more comes down the pike.
What have we done? Because, in my estimation, this City doesn't have any great
latitude even if we wanted to, to increase our commitment to the Downtown People
Mover.
Dr. Dyer: I agree to that.
Mr. Plummer; You know, are we going to have concrete pilings left up in the
street.
Dr. Dyer; Certainly not the first year, Commissioner' Plummer, by the end of
the second year you would, very honestly, but I think the swing decision is
probably a year out, it's three months in Los Angeles one way or another, it's
going to be decided, not a year later. The first two years if you end up -
with -we suggest- with $33,000,000 to $35,000,000,
Mr. Plummer; That's about a third...,
Dr. Dyer; No, no, it's actuality over a half of the Federal share. The
Federal share was $63,0000000,
Xr. Plummer; Okay# yes,
Dr. Ayer; so we would have thirty four or thirty five, we'd be
twenty eight.
Mr,, UOUPar; so, ft Pthdr VOrds, y¢U know, you feel Cmfortable t.o Propped,,
JA,N
Dr. Dyet ves) situ WOW done this on the nail cats and that Was one
ninety thtdd billion dalift cofittatt and it Vos done thtee years ago Stith
the godd Cd tPaftyl of Dhiladeiphia and Ve had no ptohleths getting those dollars
in Olaeet in advofteet at the tide they were neoesbary and we've hdv eompleted
the last payoutto hold:
Mayor Petra! All tights further questions of bt4 byetl Mr. Managers any
questions of Mt, Dyes' on the feeod?
Mt. Vosnioeh! Not sin.
Mayor fetter All right, any other tietibets of the Cbttiission? if noto thank
you very tiuch Dr. Dyer for your presence here.
(C6MMI8St6Nt t tACASA =EREb MEETING AT 11 t 25 A.M. )
C611TIAtb bISCUS8I61v OF CITY ATTORNEY GEO:tGE F► 1u•!OX� S _
iiEgUEST FOK A L AiiE OF A SEI`iCE GpANTING OF 1tE0: sTi =
Mayor Ferre: Mr. Lacasa, we have been waiting for your arrival to you
could vote on the George ktox rnatter. I think your secretary brought you
up to date on the discussion since she was taking notes. She said she would
bring you up to date. We had $ motion by J. L, Plummer and seconded by
Car::,o for purposes of discussion. The motion was subsequently
w°',-e,<dt'awn awaiting your arrival and the motion, as I recall, said that
w 'u regards to the letter of January 21st to the Mayor and members of
city Commission from. George I'. Knox, as presented into the record, that
tt;'a Commission accepts his request to be relieved of official duties
for approximately ninety (90) days or until his personal legal matters have
been resolved, whichever is sooner, without pay. Now that was the motion.
If you want to reinstate it, Mr6 Plummer, we'll see if we have a second
at this point and we'll bring it to a vote
Mr. Plummert Mr. Mayor, in text, yes. That was my motion. I think that
the actual wording would be to grant the request of Mr. Knox's letter dated
January 21st.
Mayor Ferre: All right, is there a second to that motion?
Mr. Lacasa: I second the motion,
Mayor Ferre: Is there further discussion on the issue?If not, call
the roll.
The following motion was introduced by Commissioner J. L. Plummer, Jr., who
moved its adoptions
MOTION NO. 81-43
A MOTION OF THE CITY COMMISSION TO GRANT A REQUEST
MADE BY GEORGE F. KNOX, CITY ATTORNEY, IN A LETTER
ADDRESSED TO THE MEMBERS OF THE COMMISSION DATED
JAN'UARY 21, 1981 ASKING TO BE RELIEVED FROM HIS
DUTIES FOR A PERIOD OF APPROXIMATELY 90 DAYS, OR
UNTIL HIS PERSONAL LEGAL PROBLEMS HAVE BEEN RESOLVED'
Upon being seconded by Commissioner Lacasa, the motion was passed
- and adopted by the following vote:
AYES; Comm ssioner'J. L. Plummer, Jr.
Commissioner Armando Lacasa
Mayor Maurice A. Ferre
NOES: Commissioner Joe Carollo
ABSENT; Vice -Mayor (Rev,) Theodore R. Gibson
ON ROLL CALL;
Mr. Plummer; There's no question how I'm voting but 1 eskeo this could be
deferred so you could have discussion, And new you do that to me, 14 of
cuqrse, vote yes,
Lscs@a; in vptinjr what i would Me to PAY is Ibis, 1 thinl� that
W o very appropriate that Mr. Knox has Peon fit to request this iesve
at
Mt. hacasa (continued): of absence. I perSanally feel that in the system
in which we live everybody is supposed to be itinoeeht until ptoven guilty, The
fact that Mr. Knox has been charged doesn't man that he is guilty, wring
the yews I've beets here as a City Co igaioh-r,,I have developed a
ttefaendous respect for Mr, Vim I am very sorry that he has been subjected
to this situation now, and I pray to 06d that this comes out well for hire,
for the comunity, and for the City of Miami which quite ftdnkly, has
enjoyed the services of an extremely And very good attorney, Aft excellent
attotney. .So in voting yes for the tnotiont What I want to say is that I
think it is consistent with the principles that orient out democracy and
our system. He will have his day in court, This is not a body of justice,
All we can do is to wait for the ruling of the appropriate court, And as
far as I am concerned, this is the appropriate way to go and I vote yes,
Mr. Carollo I think that the credibility of the. City of Miami is much more
important than any one individual, er any two or any three. In the past, we
have had cases, Some very recent, where individuals not only have been
suspended without charges being filed against them by the State Attorney's
Office, of individuals even being fired without charges being filed against
them by the State Attorney's Office. I'm not saying that those actions
were correct. I'm only talking about actions by the City of Miami in the
past. I think the most correct posture that could have been taken, the most
gallant one by Mr. Knox would have been for him to have voluntarily suspended
himself, not asked for a leave of absence from this City_ Commission. And
because I felt that Mr. Knox should have voluntarily suspended himself, and
there is a big difference between a leave of absence and a voluntary suspension
by Mr. Knox, I have to vote no.
Mayor Perre:_ In voting...
Mr. Plummer: Point of personal privilege, Mr. Mayor. And I know I'm...
Mr. Mayor, and only for my colleague Mr. Lacasa who was not here. first of
all, there is no such thing as a voluntary suspension. That is not an
alternate. It cannot...
Mr. Carollo: With the approval of the Commission.
Mr. Plummer: It is not. It is not an alternate,
Mr. Carollo: That's not what the City Attorney stated before.
Mr. Plummer: Let's get the matter clarified.
Mr. Carollo: In fact, what surprises me, J. L., is that this problem seems
to have been going one for several months. It has.come before the
Commission in the past, its been flying around for quite some time. And it
kind of surprises me that we never got a clear opinion on what the alternatives
were to this Commission until today from the City Attorney's Office.
Mr. Plummer: Well Joe, I thinkthetime is right now that we get a clear
cut decision., Mr. City Attorney, is there such thing as a voluntary suspension?
Mr. Clark: No. A voluntary suspension is like a square triangle. It
doesn't exist.
Mr. Plummer..: Thank you.
Mr. Carollo Mr, City Attorney, doesn't this Commission have the right, doesn't
this Commission have the right at any given time to approve a voluntary
suspension from any given employee?
Mr, Clark; Your use of the terms suspension, Commissioner Carollo is not..,
Mr, Carollo; I'm not talking about a leave of absence. sir. I made that
eiear from the start of this meeting today,
Mr. Clark: What Mr, Knox's request contains is a request that he be
relieved Of the responsibility,.,
Mr Caralih: Sir, i raaiil;a vary clearly what Mr. MON has requested,
What i want you to do is to answer my question, i know you havo bean
Programed Already to apaak and act in acertain way today, sir. gut i just
JA 2
Mt. Catollo (cdhtiftued)i want my simple question to be answered.
Mt, Clark: Please repeat the remark that you made about my being Pt6graftcd
to what
Mr. Cat6llo i I stated sit, that I understand that you have been programmed
to speak and act in a certain way today, sir. But I only want..,
Mt. Clark: Sir, 1 didn't understand you.
Mr, Carollot Well sir, I made that statement, If you don't like it you
can answer anyway you want to.
Mr. Clark: I can't hear you, I can't hear you Mr,..
Mr. Carollo: Well sir, I'm trying to speak as clearly as I possibly can.,,
Mr. Clarks I've been programmed...
Mr. Carollo: If you cannot hear me, sir, then apparently you are deaf
or you do not want to hear me,
Mr. Clark: Well I've been accused,,.
Mr. Carollo: ,..how I've asked, sir for you to answer one simple question
to me. I've asked this question several times today, not only now but before
we waited for another Commissioner to come here. You still have not
answered that to me sir. It gives me only one impression. That you
are trying to embarrass me publicly here, sir. Now again, I request of
you ,sir, to answer my question.
Mr. Clark: And your question speficially is whether or not Mr. Knox can
voluntarily suspend himself and the answer is no...
- Mr. Carollo: With the approval of the Commission, sir?
Mr. Clark: The action of suspension is an act by a body such as the
City Commission or a superior. The person asking cannot take the position
that he suspends himself.
Mr. Carollo: Then you are telling me that Mr. Knox cannot step down from
his office with the approval of this Commission?
Mr. Clark: No. No, Mr. Knox cannot step down from his office. Mr. Knox
will retain his office with or without the approval of the Commission
today. That's what I've told you before.- And I apologize. In no way
do I want to embarrass you. But I resent whatever it was you said about
being programmed...
Mr. Carollo; That's fine, sir.
Mr. Clark: ...I've been with the City sixteen (16) years, Commissioner
Carollo. Six (6) city attorney's I've served under and no one has ever
accused me of being programmed. I'm sorry.
Mr. Carollo; Well, sir. I think I've had more than. oneexperience, not..
only from your office, from yourself, but I have asked for quite a few
legal opinions and you know very well, air, the run around that I have
gotten and the reasons why. Now if I_may go into one area that has been
a concern to me for quite some time, and I think that this would explain
even more clearly than I think I have up to now, the stands that I've
taken. And that is something that ir. in our City Charter. It says#
„The City Attorney shall be a full time governmental. employee, _shall not
engage in the private practice of law," Whether Mr. Knox did actually"
engage of did not, I don't think we can determine that now but I think
there Is a question mark Qo wbotbor he did or not engago in the: private -
practice of law, And if In fact he .did, this is a violation of .our City
Charter, and thin is what I4ve stated all along that I think that them
,are Ppmo serious th4rges that ate before us and they art being taken
very lightly by this Cmiasiot?,
MAyot petre: All right" Are you finished tiow! tVdtybody finished
with their statements because I'ti about to vote, I think we'te°ift the
kiddie of a voto, I was jiist gaing to vote befetebut I think that
because of what;§ just happened hete once again. I have no choice but to
take a few conifilents, Nufabet one, this C6ffdi6si6n or any individual in this
eountty does not have the tight to be above the law. The law of this
State has bee enumetatdd by the City AttotfitY5 it is patently clear whether
an individual, a group, or a whole series of people want to accept it or
do not accept it, The law is the law, And there is no way evidently,
and !,staid cot tected y C6mmissioner plummier, when you :Wade the statement
to Correct me that there is a difference evidently between Suspension
and being voluntarily relieved of official duty, The secotl statement
that I waist to snake is that dealing with the credibility of the City which
is more important than any individual, I would remind you that within
this century, there were people in this world, and substitute State for
City; and there are today who feel that the credibility of the State and ,
the rights of the State are more important than the rights of the individual.
Thank God we live in a country where both the Constitution, the upholding
of the Constitution by the Supreme Court, and the tradition of this
country, even though some people evidently do not accept it, hold that the
rights of the individual ate superior to the rights of the State, re the
City, Ana as long as we live in a country that thank God has this
Constitution, then certainly I would be bound morally and practically
by what I think has been the greatest.Qovernment in the history of mankind.
And thank God that we live in a country like this. And I vote yes with
the motion.
FOLLOWING ROLL CALL:
Mayor Ferre: Mr. Gerstein, is there anything else you want to add?
Mr. Gerstein: No. Thank you, sir.
Mr. Plummer Mr. Mayor, I think at this point, I will ask whether it is
necessary for a motion to appoint an individual to serve in the capacity
of the City Attorney.
Mayor Forte: It's all right with me.
Mr. Plummer: Mr. Clark.
Mr. Clark: Mr. Plummer, the department head has the right to designate
someone to act in his capacity while he is absent.
Mayor Forte: That's what I thought.
Mr. Plummer: Thank you.
Mayor Forte: 'I think the legal process is very clear. And that is that
the department head while he is in leave of absence can designate who
is going to run the Law Department. And I assume that that's been
done.' Is that correct?
Mr. Clark: Mr. Knox asked me if I would, and'I told him that I would.
I'assume that Mr, Knox would put that in writing much the same way that
he has done on a previous occasion.
Mayor Ferro; So once Mr, Knox puts that in writing then I would assume
that you would accept it, is that correct?
Mr. Clark; Yes, six,
Mayor Ferre, In writing?
Mr. Ciar)c3 Yes, sir.
Meyer Ferro; And thtwofnre, it's s mopt gnestion.
Mr. Plummer; Just oakin$ for 1@4el purpPriet.
JAN 2 2 1981
4. OFFICIAL CITY COMMISSION POLICY ON TREATMENT OF HOSTAGES
AND PAYMENTS MADE TO THE GOVERNMENT OF IRAN,
Mr, Lacasa: Mr. Mayor, before we enter into item to would you accept that the
appropriate Resolution. ..
Mayor Ferret Only if it is not Controversial$ Armando,
Mr. Lacasa: I don't believe it is going to be controversial, Mr.Mayor.
Mayor Ferret If it's a controversial issue and we get into a long heated
discussion then the Chair will rule it out of -order, and if -.you accept that as
a premise before I let you speak on it, otherwise 1 will rule you out of order,
Mr. Lacasa: I will accept that.
Mayor Ferret _All rights go ahead.
Mr. Lacasa: This country has been appalled by the revelations that we learned
yesterday that the American hostages in Iran had been had been so much mistreated
and tortured,to the extent that the new Administration in Washington is consider-
ing not to make any further payments to the Iranian government under the deal that
in good faith the United States entered with the Iranian government for the
release of the hostages. At this time, I would like to move that the City Com-
mission of the City of Miami request of the new President of the United States
that no further payments be made to the Iranian government on account of the
cruel and inhumane treatment that our hostages received in there and I believe
that this is consistent with due process since the ones at fault, once again,
have been the Iranians and not the United States, who in good faith dealt with
the Iranians for the release of the hostages assuming that they have been treated
like human beings which, unfortunately, was not the case.
Mayor Ferret Is there a second to that motion?
Mr. Plummer: I second that motion.
Mayor Ferret All right, is there further discussion on that motion? All right,
call the roll.
The following motion was introduced by Commissioner Lacasa, who
moved its adoption:
MOTION No.,81-44
A MOTION OF THE CITY COMMISSION URGENTLY REQUESTING PRESIDENT
RONALD REAGAN TO MAKE NO FURTHER PAYMENTS TO THE IRANIAN'GOVERUNMENT
ON ACCOUNT OF THE CRUEL AND INHUMANE TREATMENT THE HOSTAGES RECEIVED
DURING THE PERIOD OF THEIR CONFINEMENT.
Upon being seconded by Commissioner Plummer, the motion was
passed and adopted by the following vote:
AYES; Commissioner J. L. Plummer, Jr.
Commissioner Armando Lacasa
Commissioner Joe Carelio
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferri
NOES; None.
ABSENT; Now
AFTER ROLL GALL
Mr, Lacasa: Xr. Mayor could A t€iegram pignod by ycu and the City Cpmmissian
be sent to th@ Whit@ Mouse Pa this issue
1 r iJ
i t
YAyot Pet e: the Chait insttudts the Manager to ptepate sueh a telegtatt
have the ;aaket and the eecofidet of the rt6tj6n epptove it y and seftd it Arid
sigh etietYbadP's nate that' a ptesent here today%
Mt. Plufamet: dining rather the oppdttunity to toad and to aign,
MdYdt Pd tte. Ask, Bali VAther Gibson it he is able to take A phone call
And ea'k if he t#ishea his name it cludeds it you tattnot teach Pathet dibson
them send the'telegtam without his natie because t think tine is of the es-
sense on this,
5- DISCUSSION IfiEi: ktPbRT My CITY AttbidgMy ON ppoBLMM5 �
Op LAW tXVORCtftNT ACTIVITIMS
(See items 39 and 40 this meeting)
r.
Mayor Ferre : Okay, We ' re on itefn number
Mr. rosmoen: Item ''B'i is in your supplemental package.
Mayor Terre: Mr. Clark.
Mr, Clarks Mr. Mayor, on December 17th the City Commission passed a
motion instructing the Law Department to fncorooratp Ittn vnitr Citv rode
pertinent state statutes governing basically loitering, registration
of hand guns and stop and frisk regulations which will result in granting
property authority to municipal prosecutors in order that, thev tnav prosecute
violations of our Code locally which would also reduce reliance on the
State Attorney's Office. To that end, we conferred with the maker of
that motion, Commissioner Lacasa. We have prepared and forwarded to him,
and it has been distributed to you, two ordinances which we feel are
basically sound. They track the Constitutional law and when you convene
your regular meeting, we would propose and recommend that you pass these
ordinances as an ordinance of the City of Miami. The second part of the
motion that was passed December l7th, that the municipal prosecutors work
very closely with the Immigration and Naturalization Department towards
the enforcement of recently enacted measures by the INS concerning the
question of refugees. We have been in constant and close cooperation with
the INS cooperating at every step of the way together with the State's
Attorney's Office, The third item of that motion which pertained —the
Law Department provided for the addition of one additional municipal
prosecutor to the Law Department's staff to alleviate their burden and
further directing the City of Miami Police Department, etc. We have been
engaged in determining the needs of our staff. We have submitted a
report indicating the workload, and we are in the process of perfecting
the request in proper from to the administration for the additional
prosecutor. Now that essentially consists of my report.
Mr. Lacasa: Well thank you, Mr. Clark. As the maker of the motion, I would
say that I have reviewed your recommendations before this meeting and I'do
agree that this encompasses what I had in n-Alud when I`made the motion. So
at the appropriate time, I will trove for the adoption.
Mayor Ferre; Are they scheduled on the agenda today?
Mr. Clark: Not as separate items. They have been distributed as - part:
of our report with respect to legislation. They can appear later at your...
during the, course of your, meeting.
Mayor Ferre: Well we have on item "B" a written out ordinance. It says
-an ordinance prohibiting the obstruction of free passage. I
And then there is
a second one which starts an order prohibiting any person from loitering
or prowling. I would imagine that we could move on those on first reading.
Mr. Clark; Yes you can, if you want to, If you wan( to do now, I'd prefer
that you do it during the course of your regular meeting,
Mayor Ferro; All tight, now, hoes the proponent want to.,
Mr. 1.4caw I'm ready to move.
Mayor Ferro; IS there any .problem with that.
Mr, Flummor ; I'm sorry, Mr, Mayer,
21
s JA N 2219 1
,t or Pettet Mt, Plumet, if you will look at yuut packet, ice+- "t"i Oti
the third Pagej theta ate►,Ain youf packet is t.
Mrs Vlu et. All right, Well go ahead, l can fallow you: 1 can fdllaw your
Mayor Fetret There ate two ordinances that have beef] deaf t -d to -cl. were
given to us a week ago. And live read theme I've got no r - w i J; thefti
and as fat a§ 1 i fn concethed, l lti ready to vote ott it on fi:-s c teadif3g. We
could alvaya..-.
Mr. Pluftott But are they on a scheduled agenda.
Mayor Ferret Not sir they ate tot:
Mr, Clark: They are not. They also have been prepared iot as waiVt7
of the first and second reading, it other words there would be four fifths
required for passage the way they are drafted, if you w-.:.t to pass 5
them on first reading, it would be...
Mayor Ferret I would recommend that we only pass thee. or, first rea. ag
giving everybody ample opportunity and then to further r,�oao cht_:s. +m sure
voutve read them. And theft we can discuss theft at a future Co:,niss n
meeting when they would be appropriately put on the agenda.
Mr. Carollot Mri Mayon..
Mayor-Ferre: Yes, sir, go ahead.
Mr. Carollo: Before we even vote on them on first �'e.=:�i., r. .y i ask that
we take this up in the afternoon so I could have the opportun*_ty to c:Ascuss
the merits with our legal staff on it?
Mayor Ferret All right, we will then bring these i-. i it the afternoor.
for discussion, and hopefully, a first vote.
8. RUNT ON POLICE it UbttANT tPPOKM
�F
Mayor Ferte: maw, we are on item C.
Mt. V6%den; Mr. Krause is here and thete are representatives of the Police
Department here to bring you up to date on the rectuitment ptocess. Oh, and
Assistant Chief Cosgtdve.
Mayor Ferrer Mr. Krause. -
Mr. kobert Krause: Mr. Mayor; members of the COmmission. You have a report
that wag sighed jointly last week by Assistant Chief Breslow and thyself which
covers the current status, rather than repeat that report, I might take a few
minutes to discuss where we are and what is essentially the tnid-point of the
recruitment and placement of police officers because the PERC chart prepared
by the Police Department last Fall provided for 8 recruit classes, beginning
with the first class in october and the last class in May. We are now half
way through the schedule. We've started 4 classes including one that started
last week, January 15th. our goal was to hire approximately 270 police officers,
that would mean that half the goal for the first 4 months would be 155. The
Department has actually hired 144. So this puts us slightly ahead of the sche-
dule that was projected las Fall. The Police Department is now processing
178 additional candidates who became available as a result of a register and
testing done in December. That testing was done under the Commission Resolu-
ton permitting us to go beyond the City of Miami,.so we have approximately 23
City residents on the register, somewhere around 140 Dade County residents and
then another 20 to 25>residents from other parts of the State of Florida. The
Police Department is expecting that they will start a substantial class in
February as a result of the candidates that are now available to them. The
advertising campaign is very quickly getting into high gear. The newspaper
ads began appearing in the black newspapers last week, they will appear in
the Spanish language newspapers this week and will continue on a weekly basis
hereafter. The radio ads began on the two of the Spanish language stations
yesterday and in one of the Black -oriented stations today. The other Black
station signed a contract last night and the ads will appear there very short-
ly. The advertising firm is now in the process of completing billboards and
brochures so we are expecting that we will remain on schedule. We haveanother
test scheduled for mid -February, I think the date is February 18th, and we would
expect to have a'sizeable number of candidates responding both from the City
and from Dade County and from other areas of Florida in response to this ad-
vertising. We notice some pick up in the number of recruits just as a result
to the two newspaper ads which appeared last week. We are expecting -or at
least hopeful that there will be a substantial pickup as a result of more in-
tensive advertising on both Latin and Black radio.'
Mr. Plummer: Mr. Krause, let me ask you, if you can answer, sir,,what has been
done in the areas of public service from the media, You know, L',ie media has
applauded it and cried out the need for more policemen. Yet, I find no move
under foot from either side, from the City's side to approach them, to say -
you'll like the idea, we need help; nor have I seen from their side an approach
that says -we would like to get on the band wagon and help do that which you are
proposing. What I'm really -I guess- saying is has there been any overture made
to radio, TV and the printed matter to implement or start in conjunction with
the City a Program to accomplish that which they have applauded on the basis
of free-tfine.
Mr, Krause; I can tell you, the effort has been made, At the present time it
has been fairly limited. Channel 23 has approached the City, as a matter of
fact, to interview Mr. Araur. the last Couple of weeks, Once, with respect to
the Community Service Aid VrQgram, this week, with regards to police pffitars'
recruitment, and his comments were broadcast on the Channel. 23 news last Right -
They have asked. him to make another recording next week,
Mr. Fl ar; Mr. Kra;ase, we'vo never- knewn..or qV@r-tieRed where Channel 23 is
Thoy"vc alway@ been with the City, What I want to make sure, Mr xrsupe, is
i
Mrs Plummet (cont'd)i tat you havo- the Report back to me stating that you
have givett All of the tedia time fight to tefuae, bo you tend betVeeii those
minas dt do t have to ekpand
Mrs P6smoan: Yoit dotit have to 6xplaia that5 C6mis5ianet
WiPlu er Now, let's get back to the other subject: Tell ibdi Ve ate delisa
October, NbVtfibet; becembets tot All ptactical putposes .tanuaty. HdV tdany iiew
policeifieii ate on the fotce since the let of Octobet.
Mt. Krause! We've tined 144.
Mt, Plutfttt: AR6 they on the fotcel I'th not talking about at school. l'm
taping about actively wotking.
Mr. Krause: I'm not -sure, maybe Chief Breslow,
Mr, Postoet : He's got the number, he's trying to find it.
Mr. Krause: Thirteen (15) police officers are on the streets because these
are police officers who were previously certified. They were hired and did not
have to go through the academy.
Mr. Plummer I'm going to give you credit , we'll give you credit since
October 1 realizing they were probably in school prior to October-lo i'in
going to give you credit for that. And, besides the 13 who were able to be
certified without schooling, how many has your Department in conjunction with
the Police Department realized are on the streets?
Mr. Krause: None, because the first class which started in October is still
in school.Mr. Fosmoent We had new officers come on in December, for example
and 1 know they were put Downtown. They may have graduated on October 2nd.
How many new officers do we have since October Ist7
Asst.Chief Cosgrove: They have to go through`22 weeks; of training and the
officers who got off on the streets in November had been in school for 22 weeks
- and this was way before October.
Mr. Fosmoen: Understood, and he is going to give us credit for that. How
many officers graduated and are on the streets since October 1st?
Twenty five?
Asst.Chief Cosgrove: Approximately thirty.
Mr. Fosmoen: Twenty five or thirty.
Mr. Plummer: Okay, thirty. PSA's...
Asst.Chief Cosgrove: None.
Mr. Plummer; C.S.A.'S
Asst.Chief Cosgrove: None.
Mr. Plummer: Okay, do you wart to get down to the nitty-gritty? How many
are in school?
Asst,Chief Cosgrove: 15 P.S.A.-IS are in schnn] at this time,
Mr. Plummer: CASs?
Asst.Chief Cosgrove; No CSA's,
Mr. Plummer; None
Mr, Fosmpen; You only approved the Program less than a month ago,
P >3 ►or ism epebiishing the- reCord, it is now the first quarter hss
oomv and gone.
Mr. FQsmoon Twenty five to thirty new officers and 15 PSA's in school,
, Plumdrl. Okay. 96 you have three 1h6te quattdtt to accomplish 'What this
Cd%m18siofi provided foryou ih funds. I'm going to put you on the spot. What
can this obtaiggioti do to aasist you to achieve gout goals if anything?
Mr, Vd§m6en: i think, C6t0iss16hetj that you provided us with the funding
to do the tectuittient and provided us with the funding to add the officets
We ate going to be talking in a few fninutes about a couple of ptobletts we
have in thaintaining police cats and things like that: And that has an impact
on having people bait on the streets. I thinko at this point; has put the ball
in Our court; it is a matter of getting the 'people on board. We are ahead
of schedule in terms of recruiting, and it's getting them through those 22 weeks
of ttaining and getting the PSA's that ate there 13 weeks of training, and
getting the C5A';s through the interviewing process and in the class, And we
are ahead of the schedule that we had set and that we had agreed to:
Mr: Plummer: Then your answer is there is nothing at this time that you can
ask of the Commission to further assist you attain the goals that you are to
do:
j
Mr. Fosmoent I don't believe at this time there is, Commissioner, there are
as you know some external forces that none of us have control over,like the 3rd
District Court of Appeals in New Orleans,
Mr. Plummer: You know it's a baited question, so, that's all.
Mr. Fosmoent Any other questions out of recruitment?
Mr. Plummer Is there anything else they want to tell us?
Mayor Ferret Anything else, Chief?
Chief Cosgrove: Just one comment, we concur with the Manager, as indicated,
in terms of assistance at this point. As we run into those hurdles I'm sure
we will back if we do identify any problems in the interim here. In addition
to that, we truly don't anticipate any problems with accomplishing the 814
sworn on the streets by October of 1981, nor do we anticipate any problems
putting a total of 67 PSA's on the street by Octoberof1981 in light of
where we are going right now. The only area that could potentially hang us
up is in the CSA Program, which we have not fully developed at this point in
terms of the PERC chart in projections through October. Now, we did project
initially when this program was approved'a month ago that we could make our
goals of 100 CSA's by October. However, we have run into some snags and some
delays in that area in terms of the program but it appears as though it will
all be worked out shortly, so we are still developing our PERT chart for the
CSA Program and that may extend to some degree beyond October at this point,
because we are sure of all the pitfalls there vet.
Mr. Plummer: Chief, let me remind you, for every month that goes by the board
the time is running on the CSA Program, and for every man that we don't have
on, I'm saying to you we are losing not only money but the services available
to the Department. That concerns me. Mr. Manager, I assume that this on
the agenda could be expanded, It was my hope and desire that having the Police
Department report here on the second meeting of the month would not be limited
to just recruitment, for example, I would like to ask of someone in the Depart-
ment,.we have now experienced about two months of helicopter use. To what
exsent...has that been helpful or has it not? I think this Commission should
know those things, especially where we are talking on the ofLernoon agenda
relating to helicopters.
Mayor Ferro; All right, that item has been requested withdrawn, by the way.
Mr. Plummer: Well, okay. but I still would like the report,
Mayor Ferro; Okay, it's mid day and we are about to adjourn in a little while,
We have three other items in the morning agenda, Are there further questions
on item C, or staomontsY
Mx, FQsmoen; Mr, Mayor, $,&t, Dejong is here if YOU want a very btlef update
on belioQpter service or we can put it in writing for you.
Mr, Plumer;. Pet it in writing.
7. PRESENTATION OP DESIGN AND MODEL'. CITY ADM AtsTRATtON F
BUILDING - PHASE It, DISCUSSION OF POSSIBLE FUNDING
SOURCES TO ACCOMPLISH CONSTRUCTION.
.k
F
(NOTE POk THE RECORD: -ITEM "t" WAS WITHMAWN)
Mayor Pettet All tight, we are on item bi which is Phase II, Mr. Lester
Pancoast,
Mrs Fosmoen! Mr. Mayor, just by way of background. The Commission may recall
that last .duly and August there was considerable discussion in Washington
about a possible second round of funding for accelerated Public Works projects
and in anticipation of Congress doing something which in fact they did not do,
we employed the firm of Pancoast to prepare schematics for us on the second
Phase of the Administration Building so that we were not caught short if
Congress funded a second round of Public Works programs, which they didn't
do, but plans are available to us and I think they are certainly worthy of
consideration and I would hope we simply don't put them on the shelf.
Mayor Ferre: okay. pre November the 4th I would have said that my Optimism
was very high, after that I...
Mr. Fosmoen: We may have to look to our own resources.
Mayor Ferre To our own resources, that's correct, which may be possible,
I don't know, maybe somebody will come up with something. All right.
Mr. Fosmoen: So we would like to review with you the schematics and get some
direction from you. By the way, I think he did an excellent job.
Mr. Adolfo Albaisa: Mr. Mayor, members of the Commission, my name is Adolfo
Albaisa, partner of the firm Pancoast/Albaisa. I'm very pleased to be here
today making a presentation on the second phase of the Administration Build-
ing, a second phase that not only will complete the design as started three
years ago but will aside from ... more than quadruple the area of the Adminis-
tration Building, will make the entire complex of City Hall for the City of
Miami. I have to apologize for my partner Lester Pancoast, he is out of the
country and he would be making the presentations he is much better than I am
I hope you will bear with me while `I take you through the building.
The design of the new structure, as shown today, and very close to its
final development was drawn in a very schematic manner at the time that we
started the design of the first phase. We've always had reservations as to
what would happen if the second phase never comes, and we still have I guess,
and We also have reservations because we were working in such a tremendous
pressure that we could not solve all the problems at the time. After going
through the exercise that we have now gone, I'm confident, I'm proud to say
that the second phase as designed, not only complements the design as it was
originally planned but it does not compromise at all for the fact of the two
phases instead of one which usually is the case.Naturally, we have to face
the inflation problems, but that's probably the only major compromise that we
have. bake sure that you can all see the model. I would like to point out
it's relation to its surrounding. Unfortunately, 'we do not have a Master Plan
that,shows the building in full context in relation to the Go-wernment Center.
(MR. ALBAISA, AT THIS POINT, DESCRIBES AND REFERS TO A SCALE MODEL OF THE
ADMINISTRATION BUILDING WHICH WAS BEFORE THE MEMBERS OF THE CITY COMMISSION),
Looking at the north elevation of the complex,,,,
Mayor Ferret Mr. Albaisa, I'll tell you, you've gone to an awful lot of work
on this and we are going to hold you up until we have a full Commission here,
I'll recognize you as soon as I got everybody back, because I think you've
done too much work for all of us riot: to listen to you.
(BRIEF RECESS)
Mayer Fe -mg; You can proceed now.
Mr, Mb4tw Thank you, Mr, Mayor, ,uaYhe it would a good idea if you want "
- JXV
to get closer to the model and instead of trying to,e♦and we can have a mote
informal meeting around.
Mayor ftrre: Why don't you go ahead and coticltide your statements and them
You kn6w4 if anybody wants to look further they can look, and ask questiotis,
Mt, Albaisa: I was going to relate now to the rest of the Government Center
as a matter of orientation, ghat you ate looking at is the north elevation
of the complex, in other words, since you were looking at it maybe the
Police Headquarters and the parking structure. Now, to my side Ana about 3
blocks away will be the County offices And the Station for the kapid Transit
To the South I understand, there is a parking structure of about 1000 cars
that is now on the drawing boards. That would be directly south, on the op-
posite side of the building. It is very important that our wilding relate
to those major elements because a major effort was done in order to provide
access from all the possible directions. So; as you can see them all, if you
are in the Government Center and you ate in the park you can access, enter
the building from the East. You can do it from the north where now is an
entrance and you can also access from the south from the future parking
structure. The parking area As it now exists on the site obviously will have s
to be removed. There is no provision for parking for the building at all, so
the building will have to rely on the paz'tiing of the surroundings which is
the idea of the Master plan of the Government Center. I don't know whether
you are aware about the site of the second phase in relation with the first.
What you are looking at now is the Administration Building, the Don Hickman
Building, as it exists. As I said before also, we always felt that the ex-
pansion of the second phase should occur on a similar tower rather than ex-
panding on top, but for functional purposes it should connect to the building.
That connection we have provided. We went to the extent that on the first
We went to the extent that on the first phase that wall is removed, so that
connection is almost automatic when it's done. That serves several purposes.
Circulation is one of them but it also allows the Departments that now exist
on the first phase to expand into the new second phase of the complex. The
building shown is 20 stories high with a tower of 320,000 gross square feet.
As compared to 72,000 for the first phase. Actually, the City does not need,
based on the projection of the program that was preapred three years ago, the
City will require only half of that square footage to accommodate all the
functions that are now scattered throughout. And that includes the Commission
Chambers and the offices of the Mayor and the Commissioners.. I would like
to point out that in developing the second phase, naturally we have carried
the architectural features of the first building. We have carried the orange
style into the stairways which are the emergency exists. We have duplicated
the effect of the elevators.. I don't know whether you all can see but there
are elevators, glass elevators, facing directly opposite the glass elevators
of the first phase. I think that the addition of the new structure will help
emphasize the dramatics of the Plaza that is now created in between them. That
Plaza is very important because is where everybody is going to mingle. As I
said before, all the accesses coincide in that center. It's going to be -we
hope- an area that is going to be very used, it's going to be; shaded, it's
going to be cool and it is going to allow a, complete awareness of the person
in that area of the different functions of the City. We would like to go quickly
now.,..
Mayor Ferre; Mr. Albaisa, we are running out of time, so I think we need to
conclude fairly soon.
Mr. Albaisa; Yes. I want to just briefly go through the plan ao that you
know what happens where, We have provided a basement under the new structure,
which did not exist in the first one.
Mayor Ferro; I have a problem with perception, perhaps you can correct it,
I see a model. and I see a drawing, and they are in opposite directions, would
you either hove the model around or move the drawing _around so that they are
both facing the same direction so that we can follow? Okay,
Mr. Albal:sa, As I said before, we have a basement under the new portion of the
comply which is basically and entirely to accommodate building services- which
are needed, That hap@meat will also provide for access for the Mayor and the
Ccmpisaionets and the VIF's which, by moans of .e private elevator, directly goes
up to thepnssion fihambers;
•
Mayor Fevre: Mould your Colleague come up and point that out in the model?
the private entfance? This is called the J,L, Plummet escape route,
Is theme aft elevatot thete?
Mr, Albai.sa: Thete is an elevatof "there.
Mayor Vdt e: Will the Members of the Commission have a key to that elevator?
Mr. Albaisa3 yes all of the mdthbefs of the Commission.
Mayor Ferre: Will some of those keys be golden keys,
Mr. A9.baisai We can specify them like that,
Mr. Albaisa: The elevator is located off the entrance under the bridge coming
from the Park, There are spaces for the parking for the Commissiottets also,
and the elevator lifts directly to the Commission Chambers# in other words# none
of the...Mayor or members of the Commissioner would have to go through the public
to get to their position, Now, the elevator. continues up through the sixth
lever which is where your offices are going to be located and that's the end
of that elevator, it is a private elevator, key -operated. The main feature of
the building, as I said before, is the entire Plaza and how it works together,
the Commission Chamber occupies the southeast portion of the ground leval, of
the Plaza level, with a capacity of approximately 350 people, which is about
three and a half times what you have now here. Access through the Commission
Chamber is going through the lobby* an air-conditioned lobby, You can enter
the Chamber from either place in the building. On a level above, we have a
cafeteria, we call it a mezzanine even though it is way up, high in the air, and
it has a cafeteria, kitchen, for the use of all employees of the City and for the
public as well. From the second, third and fifth levels, which are larger than
the rest of the tower, will accommodate all the City functions that have most
direct relation with the public. They are larger in response to a demand of
the master planners, that they wanted to present a high -story face to the parka
On the next level, above, is where the offices of the Mayor and Commissioners is
going to happen and those offices are going to open into a terrace than is the
roof of, those enlarged areas. In the next level which would be the seventh
floor, we have additional offices for the City and from there up, would be the
proposed rental spaces which, as I said before, amounts to about half of the
gross square footage of the building. If you have any questions.
Mayor Ferre: Well, the only questions I have are of the Administration. I
think it's "a natural assumption of everybody that under a Republican Administration
there would not be any monies available and I think just the opposite is true.
You may recall that during the Nixon -Ford years, when the percentage of un-
employment went sufficiently high, that's exactly when monies were available
for these types of projects. Now, there was a very wise political observer
in 1976 who said: -'there is nothing wrong with the Republican Party that
double digit inflation won't take care of', and he predicted that 'there would
be 'a Republican President in 1980. That same individual recently made a state-
ment which was in the national press: 'there is nothing wrong with the Demo-
cratic Party that double digit unemployment won't take care of.' And he pre-
dicted that the same process will occur. Now, that may or may not be, that's
not the point, the point is that if we get a higher unemployment, we are already
up, as you already know, to an increase last month we are up to 7.2 nationally.,
I predict to you that if the economists, Republican and Democratic, are correct,
we are probably going to see well over 8.5% unemployment within this year. If
that occurs, it is my prediction and that of a lot of 'people that met in the
Conference of Mayors that met in Washington, including and..Wostly Republican
Mayors, who feel very 'strongly that by this time r.,;xt year, we'll have some
major Federal Republican legislation or a Public Works..for Public Works pro ects.
I don't know whether they are right or not, who knows, I think that we are not...
that this is a step in the right direction. We don't have: the money to do this
now, there is no way that this City can undertake this project now, however,,
I think it would be important to do two things. Number one,.i.s to instruct
the City Administration to look to see how we can get the private sector's
involvement, in a condominium -type basis which is something that has to follow
due process and be properly bid and what have you. The second thi.n8 we hove
to do is wait to see what this Administration develops as a policy neither of
which we can do today, The third thing, is a` uesfion 1 would like to develop
as to how much it would cost to begin the worming drawings of such a project.
Not that we are going to 4Q that just so that we can get those figures estimated,
rhose are my thr g �nestiono of the Administration.
Mr, F'os toefi! Mt Mayor, ghat I would like today from the Cofnatissiofi is a ditec*
tion to pursue aiterfiative fitighdifig methods including looking at passible pederal
assistanee if it tor►es about. We would, with yout direction, wotk with the at-
ehitects iti cofniiig up with a cost estimate for prepatation of Votk tig ditawifigs
Iii my opitioni there is only one thing that w6uid if crease and improve the ef-
ficiendy of operation in the City
Mt. Plummet! Mt. Mayot, I have no problems but my understanding from the Adiaifiis-
ttation is that they are going to proceed at no costs There is one questioiio
Dick, you knows some times when we talk about saving money you :have to also equate
that with the service we are providing to the public. You know, if the one thing'
I, as a Cotbtissioner, and the test of you here that we hear constantly is from
like a contractor who Says I've got to run here, I've to ruin there, I've got to
run hete and I1ve got to run to five differentplaces to get one approval: The
question I have to ask=because_I do have different opinions from some others
up here about the moving of these Chambers from City tall to Downtown. I also
recognize at the same time that if we get all of you lacy devils thrown out of
this building, then we can turn it into something that it should be for the
Commission. Now, will this building afford the opportunity to put all City De-
partments under the same roof with the exception of the Police bepartment?
Mr. Fosmoen: Nol Commissioner, you would not want them all under the same roof.
For example, Mr. Cox's operation which is billed to the building Fund.
Mr. Plummer: No, I understand that, Mr. Cox, in fact, his office does not
have any direct contact with the public.
Mr. Fosmoen: Those operations that have direct contact with the public could
be housed in this building.
Mr. Plummer: Okay. That's what's important.
Mr. Fosmoen: I think that's critical to the public service and to the opera-
tion of the entire City.
Mr. Plummer I don't know the idea but I don't know any other terminology "a
one stop building", okay?, where a man can go in and could do all of the things
_ that he needs to do and not run from the old Police Station to Dinner Key, to
the new Administration Building, to there, here and around. So, to me, not only
do we have to equate the cost factor but also what we are saving to the public,
and I think that is very important. Do you want a motion to proceed? I'll
make such a motion to request the Administration to proceed at no cost to the
City to develop alternative....
Mr. Fosmoen: Financing mechanisms.'
Mr. Plummer: Well, I want to give you the full latitude, you know, to proceed
with finding alternate methods of accomplishing this end.
Mayor Ferrel And that would include, therefore, getting estimates at -no cost
to the City and soon.
Mr,. Plummer: Yes.
Mayor Ferrer Okay. Is there a second to that motion?
Mr. Lacasa: Second.
Mayor Ferre: Further discussion, call the roll.
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION No. 81•-45
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
INVESTIGATE POSSIDLE FUNDING SOURCES FOR CONSTRUCTION OF
PHASE II OF THE. CITY OF MIAMI NEW ADMINISTRATION BUILDING
MP TO FIND ALTERNATIVE ME-THOA_S OF ACCOMPLISHING THIS
CONSTRUCTION INCLUDING THE COST OF THE PROPOSED DEVELOPMENT.
UpQ;t being gsgQnd@d by Commissioner Lamps, th@ mapipn w4s
pgs@sd end 40pted by the €oltpwing vote;
)9
AN'"04
Mitt Comissiow J. L: PluMer, its
d6mmis8i6fier Armando bdcaea
ed itaionat 36e carolld
Vice Mayor (Rev.) Thebdote R. Cibsofi
Mayor Maurice As Ferte
Notst Node:
A$StNT'. None.
Mayor Vetret Thank you very much, Mt. Albaisa, to you and your.,,t think it
would be important, if you would, to leave that model in the Managet's
Conference Room; do you think it will take up too much space there?
Mr. Plummer: Put it out here in the hallway.
Mayor ferret in the hallway is better. Would you leave it in the hallway?
Is it properly identified as a potential City Adt►inisttation Hall and all that?
Okay, so why don't leave it there for a week or two so that members of the
Commission and the public can look at it
----------yr���Gii YIiW Y►�(w Y�i�i�����i
NOTE FOR THE P=On t ITEM "E" WAS WITHDRAWN,
7 ---------------------------------------------------------
S, DISCUSSION AND DEFMAL Ukt@fiIONS TO THE HIRING
FREEZE,
: Mayor Vetre: We are now on item F, discussion of exemptions to Hiring rteete,
Mr, Manager
Mr. Mr. � . VosmoenMayor, members of the Commission, in responso to your direc-
reouesast eek,,we have prepared a thorough analysis, several items that were
q by the Commission. First, in your supplemental package you have a
memorandum from me....
Mayor Ferre: gait, wait a minute. You may recall that at the beginning of
the Commission meetings that we were going to pull any items that were contro-
versial and obviously this is one, J.L., s:fnce you are the one that has a
problem with thi51 assume that this is a controversial item so there is no,
use in pursuing it any further.
Mr. Plummer:: Mr. Mayor, it no longer is controversial_ but I think you want
to defer it.
Mayor Ferrer Okay, we will defer this item which then concludes....do you have
any problems? (INAUDIBLE COMMENT OFF TIRE PUBLIC RECORD) Well, if you have
any problem, then say so....
Mr. Fosmoen: Yes, Mr. Mayor, I have a problem but you know, the votes aren't
there, we are not going to be able to move ahead.
Mayor Ferre: That's why I asked Plummer, and he says it is no longer contro-
versial, I don't know whether that means that he is 'willing too. 6are you ready to
vote or something? (INAUDIBLE RESPONSE MADE OUTSIDE OF THE PUBLIC RECORD)
Well, then, the point is, what is the use of pursuing it?
Mr. Carollo: Mr. Temporary City Manager, are you a mind reader all of a
sudden? I mean, how can you be sure that the votes aren't there? I don't
think you have spoken to me on this at all, I don't know if you have spoken
to Commissioner Plummer. Has he spoken to you, J.L.?
Mr. Plummer: Yes,
Mr. Carollo: Well, he hasn't spoken to me. Just because the vote last week
was three to two ... No, I don't care about pursuint it, I'm just trying to make
a point that he is making decisions that the votes are there at all?. I would
at least give it -a try but you know, it's been deferred so there is no sense
in talking about it,
Mayor Ferre; I just want to say this, Joe, with all due respect to you and
to all of us here, you and I have some differences....
Mr. Carollo: They are on the basis of professional differences, Mr. Mayor,
not personal differences.
Mayor Ferrer ....but one 'thing `that I do say is that you are pretty consistent,
I would be extremely surprises) if in the last week you would change your mind.
unless there were some very good reasons for that, And I don't think that
your position tpday .,I would be very surprised if tt were different from what
it was lost week.
Mr, Flwper; Mr.Mayor, may I please afford the opportunity to the Manager
,or maybe T9411Y remihd the Manager that this Commisel.on provided for him at
the tlt►e that the freeze was impQsd, any individual Justification to be
-
Jon, ht before this pt issJon, }jr, Fesmpgn, what I'm saying i , I want: to
leave the opportunity as it existed at the time of budget, that if this sfter-
noohO air, if you want to come before this Co issipn and §ay, -'Vve got to
have two ppsitipna# one position, or three positions, ,:.,ro I want to !@Avg
M 4'
Q
r
that opportunity to you, I'ti trot etstoutaging, but what ttfn saying to you is
that if you have justification tot one, or two, or three people, tint a total
blanquet -as this it- 1 Want to bake Bute that you remember that you Lave that
opportunity, sits
Rt, Fosmoeni Cottmissionetf first of all$ there are 4,000 employees in the
City, We have been undet a hiring freeze since October let. My instructiots
to the Departtnettts were do the best you can with what you have until we have
an opportunity to present to the Commissfun some Ways in which We are going
to be saving money over the next fiscal year. Now, we presented to you just
before the holidays a package that represented a $4,000,000 savings to the
City. The Departments cannot continue to provide the services with the num=
bet of vacancies that we haver 61 positions that they are viewing as critical,
and out of 4,000 positions in the City, that is a fairly small percentage in
the total number of positions that we have.
Mr. Plummer: Well, you see, that is what I was going to bring up, Ht6 Fosmoen.
and I don't want to..1 don't want to get into any controversy at this time at
the request of the Mayor, but to say that you need a position critical with- `
out the justification that what you have is all critical, you've got to have
some justification.
Mayor Ferre Mr. Fosmoen, we are about to break for lunch, is there anything
that you have to say beyond what you have said?
Mr. Plummer: When are we coming back, Mr. Mayor?
Mayor Ferre: At 2:00 o+clock.
Mr. Plummer: All right.
END OF THIS ITEM.
j
9. SUBMISSION OF A LETTER INTO THE PUBLIC RECORD
CONCERNING GLENCOE SUBDIVISION.
Mayor Ferre: Before we break, let me read into the record, and this is not
a controversial thing but I've got it here, from Myers, Kaplan, Levinson,
Kennen and Richardson law offices, hand delivered, Mr. Gunther Steen, President,
Pelican Reef Development Corporation, a letter that basically says that this is
the Glencoe Subdivision....
Mr. Plummer; Mr. Mayor, that would be appropriate at the time that the matter
is considered in zoning.
Mayor Ferre: I am just going to submit it into the record at this time, so that
I won't have it flying around. I am submitting into the record a letter from
Pelican Reef Development Corporation in reference to numbers 11, 12, 13 and 14
in Glencoe Subdivision which "were rezoned unanimously by the Commission from
R3 to k4" where they are saying that they have lived up to the conditions and
I'm asking the Clerk to submit,a copy of this to all members of the Commission,
to the Press if they want it, to the City Attorney and to Mr. Reed.
We'll meet at 200 P,M, O'clock -
NOTE; COPIES OF THE H£RFINABOVR REFERRED TO LETTER
WEER FORWARDED PURSUANT TO MAYOR FERRE'S
INSTRUCTIONS,.
MAYOR MAURICE PERRE fNvORMS THE PUBLIC THAto DUE TO FATHER GIBSONIS IttNESS
AND ABSENCE FROM THE MWtN04 IT WAS HIS INTENTfON 0 DEFER A XVMBER 0P ISSUES
UNTIL EANN( GIBSON Ho HAD THE OPPORTUNITY M USTEN TO THE TAPES ON ALL IMPORTANT ISSUES
THE POLLOWIMG3 WIRE AGENDA ITEMS W14IC 4 WERE DEFERRED ON ACCOUNT OF THE
AMt-STATED REASON
AGENDA ITEMS NOS, 1, 2(VithdtaWft)0 5s 6, 10, 11, 121 21, 221 23 (withdrawn),
26 (withdratffi) i 27� 30, and S1,
t
i
10. PLAQUES, PRESENTATIONS AND SPECIAL ITEMS.
1. The City of Miami is pleased to proclaim the week of January 18, 1981 as
U. S. HOSTAGE FREEDMI WEEK, in recognition of the American citizens who
suffered their loss of freedom for over a year. This PROCLAMATION will be
presented to the Government of the United States of America in Washington,
D. C. with the request that its message be extended to the hostages.
2. Presentation of a PROCWIATION to MS. MARGARET BARTLETT, Recording Secretary
of the John Mcdonald Chapter Daughters of the American Revolution, designating
the month of February 1981 as AINMRICAN HISTORY WhMi, in recognition of the
memory of those who labored to bring independence to our nation:
3. Presentation of a PROMNATION to MR. JOH' L. WIN70N, Executive Director of
the John Elliott Comrmmity Blood Center, designating the month of February
1981 as VOLU;ti''TEER BLOOD DONOR MONM. The Blood Center is to be commended
for its efforts in making the public aware of need for blood contributions.
4. Presentation of a MIENDATION to Mr. DANIEL K. GILL, a retiring member of
the Downtown Development Authority. On this occasion, it is a pleasure to
honor hint for his untiring dedication and to thank him for his valuable
contributions toward the growth and development of our city.
NOTB FOR RECOkb: ITtM l WAS btVMktb
I"i`& 2 WAS WITHDRAWN
ifs SUPPOkT IN PRINCIPUl. GOOMtAV F%STIVAt
COCONLT GROVE ItU9TRATFb CONFEkFNCE
ON SPHCIAt PLACES
Mayor Ferrel Herbert Miller, Program Chairman of World University
requesting certain activities concerning tourism and culture, Mr.
Hiller,
Mr, Herbert Hiller. 'des, thank you, Mayor Terre. I'm happy to appear
before you and the City Commission once again. The first time I came
before the Commission concerning Street attivitica that focus on local
culture and tourism was early in 1911 when I proposed to the Commission
that we celebrate the historic Bahamian Community in'Dade 'County located
here in Coconut Grove and that was the origin of what is now known as the
Bahamas Goombay Festival in Coconut Grove which although cancelled last
year in the third annual activity attracted some One hundred twenty
thousand people to that celebration. Many of them from outside of the
area. I'm happy to tell you that on the first weekend of June this year,
the weekend of the 5th to the 7th of June the Bahamas Goombay Festival
in Coconut Grove will take place once again. it will be the 5th annual.
We will again focus on the culture and the history of the Bahamian
Community here and on the educational value of that type of festival.
We expect a great deal of cooperation from the Bahamas for this activity.
We have an excellent Committee and Board of Directors working on it this year and I am privileged to be the Chairman of the festival for 1981 and
I can promise you an event that will do something very special for this
City and for that historic community in particular. I have already been
assured through talks with the City that we will have cooperation again
from the City, but I come before you to ask that once again this year
as you pledged last yearthatthe City of Miami would in fact sunnort the
Bahamas Goombay Festival in Coconut Grove. I want to tell you also that
a second festival, a second activity that will take place here the end of
April...
Mr. Plummer: Excuse me, Mr. Hiller. And I apologize Mr. Mayor, for
— eatingmy lunch which we do here quite frequently. As you know I went to
see Father during the lunch break and that's why, I'm eating my lunch now.
Mr. Hiller, you concluded at one phase and that's why I want to ask some
questions. First of all,have you sit down and talked with Father?
Mr. Hiller: Yes, of course.
Mr. Plummer: I immediately raised the question because I do not see
some of the Committee as I have known them over the years who have been
up until that point the Goombay Festival to me, Are you part of that
group?
-Mr. Hiller; Yes, I'm the Chairman of the Committee
Mr. Plummer: You ate Chairman of the group? Ok.
Mr. Hiller: Yes, I'm the Chairman of the group. The reason you don't
see other Committee members here today is we were ready to appear before
— tho Commission last weak at it's meeting, but the opportunity to be heard
was so delayed we had to leavo and it wasn't possible to have everyone
come back today.
Mr, Plummer; In other vords, you are fadi.Fatfng to ma. , , bona so let
me just lay the cards on top of the tabjo, -w onoe found that there were
trying to OXW two groups ,in the Provo to pint on the Goombay Festival.
And this Com�►fasi.ot� almost let itself into a trap you might gay,
"r- Stirrup a part of your Commtttgeg
JAN
Mtn. Millet: yes, of coutse,
Mr. Plummer: Ok:
Mt. Witt! You need not hAVe any cdhdettts about it Coaimissidfier Plufner,
The 066t6ay Test val since 1977 has been something I have been 61696 y
involved with,
Mr. Plummert So then you know well of what I'm talking?
Mr. Hiller! Precisely,
Mr. 'Plummer: Alrighti, sit, so,..
Mr, Hiller: And there is clearly a need to refocus some of the energy
of the festival I thit,k to make it more productive..
Mr. Plummer: Alright, sir. If that in fact is the case the only other
correction I have to you. 'You spoke to the ethic background and culture `
and I want to tell you that one of the most important things that you
left to a native Ploridian in'Key West Conch is that you left out the food
of the Bahamas which is very important to the criteria and the success
in my estimation. go continue sir.
Mr. Miller: Well, let me say to you sir that this year in fact for the
first year we have seen a really good opportunity to knit the two Bahamian
Communities that actually exist here and there is a traditional White
Bahamian Community and a traditional Black Bahamian Community and they
both will be very much involved in this year's activity. I think you will
find in fact that the food and the music and the focus on crafts locally
made crafts and Bahamian objects will be very strong. The focus will be
very much cultural and educational this year. And I think it will be a
celebration of the community in full. I can just tell you we have done
some preliminary estimates by the way 'on'what we think the touristic
benefit of the Goombay Festival will be this year and we are estimating
that if as few as a thousand visitors come from the Bahamas and I want
to tell you that a central theme of this year's festival will be family
reunions, will be inviting people from the Bahamas to celebrate this
community here with their overseas kin. We are working on this with
Bahamas air. We are also working with the Bahamian government in
terms of promoting the festival as you can well imagine. But if we have
only a thousand visitors and we believe it's possible to attract that
number from the Bahamas and if they spend as is normally the case
approximately five, nights here and if they spend in the vicinity of what
Dade County tells us overseas visitors do spend in Miami which is ninety-
two dollars thirty cents a day, then we stand to derive in economic
benefits from this festival for the City from that one source of tourism
alone five hundred fifty-three thousand dollars. We further will be this
year packaging the festival for Florida visitors. We are estimating about
five thousand visitors from else where in Florida each spending twonights
here and giving us a return again based on the figure for domestic visitors
of forty-seven thirty-six a sum potentially of seven hundred ten thousand'
dollars. And we are also packaging the festival up North and we expect
we should derive at least two thousand spending at least two nights here
for the festival and again yielding us potentially two hundred eighty-four
thousand dollars so that the festival with the Committee that exist's
now to plan it here and also to promote it as a touristic event stands to
,attract into the community approximately one million five hundred forty-seven
thousand dollars in tourist expenditures. We are working for it.
Mr. Plummer: My final question, sir. And this will apply to.,. because
1 know you have more than one project that you are going to speak on,
#lave you applied to the 'T.D.C. The Tourist Aevel4pment Council for funding',,
Mr. Hiller; 'des, of course. A preliminary appli�atlon has been submitted
in timely fashion. We are moving on the final,,, and l think these figures
will also be perso4pi.ve for the County,
Mr, Plu=nsn. Thank you, sir,
Hiller: The second ttivity that l Vant to bring bofoxe the Compissi.on
Is the, a festival and confsrengo that will link a historip cmmvn ty In
A ,
Jamaica to this historic community here of Coconut Grove. As you all know
theme is a new govetnfiient in. Jatiaita now and th.t Country substantially dependent
on tourists for bringing it bvet the hump it now fate, , There is An oppof tUbity
to develop a very attractive historic town in that City called.,. in that
Country called "fort Antonio", Many of you here may knots it. It was the site
of the annual brie Marlin fishing tourriatnent up until the mid 10'6, In fact
Rex stand and Earl Flynn used to go down there a great deal. Earl Pliitn's
widow still lives in Port Antonio at Wymoor. And I have had an opportunity
to get to know that town over twelve years. There is a willitigne t on the
part of that part of Jattaica to bring a wide variety of its folkloric and other
entertainments up here to Celebrate together with Coconut Grove their very
Special qualities as special places. And we have arranged now with a considerable
number of people in Coconut Grove. A number of artists,'a number of business
people such as the Grove Cinema. I'm working with the Ransom Everglades
School now. There are a number of activities that we are planning for the last
weekendin April of this year that we are calling the Coconut Grove Port
Antonio Illustrated Conference on special_ places, It will be'a celebration
of special place in a conference and also in a variety of street activities.
We have the support of a very fine outfit in Washington. Partners for Livable
Places to take part in this and I'm confident that the last weekend in April
will turn out to be again, a very festive occasion with a great many public
free activities here in Coconut Grove. So I put both of these activities
before the Commission. I really ask for your support in principle and 1 would
like to be able to follow up with the City Manager's Office to work out details.
What I'm asking for sir is the support of the Commission in principle for these
two cultural and educational festivals so that l might go forward to work with
the City Manager's Office.
Mayor Ferre: Alright, rfr. Manager, before we get the City Commission's action
on this, your comments?
Mr. Fosmoen: I have no comments, sir. We will be happy to work on the Goombay...
_ Mayor Ferre: Alright, Mr. Plummer and Mr. Lacasa, you have heard the presentation
of Herbert Hiller. It is here as he has explained on three different items...
two mainly, I guess and he wishes the support of this Commission so that he
may continue on his endeavor.
Mr. Lacasa Well, Mr. Mayor, I gladly move.
Mr. Plummer:, Well, Mr. Lacasa, seeing as how I'm the only one around to second
it, I will second it for purposes... what are you moving?
Mr. Hiller: I'm asking...
Mr. Plummer; No, no, excuse me, he is the maker of the motion. I'm asking
what is...
Mr. Lacasa; Actually, what he is asking is the support of the Commission for
the two projects that he is representing here. That he has explained. The
Porn Antonio...
Mr. Plummer: Well, excuse me,' you know me, you know me...
Mr. Lacasa: Which incidentally, (COMMENT INAUDIBLE),
(COMMENT INAUDIBLE)
Mayor Ferro;' I don't think there is any commitments of dollars at this point.
I think.,,
Mr. Hiller; No, I haven't asked for any dollars this morning, I want to moot
with the City Manager's Attica and I will work out with them those-..,
Mayor Ferro; And that':; something that we will have to decide when it's
properly presented before us 4s to whether or not we support under.,
Mr, Plummer; In other words, you are asking do we support these €eativaio?
Yea
Mr. miller. Mess ga that t might go... I'fn placiti� then on record as activies
that will be taking place ih the City.
Mayor Vert'e: That's all thatis before us at tbs time and I don+t think there
is any question. That you are going to have full support from every 'heinbet of
this C6mm3.ssion. I would,.. I think I can foresee that much into the future.
So there is a motion by Lacasa, there it a second by Plummet with regards to
the Bahamas Uoombay Festival in Coconut drove ati June Sth to the 1th and in
the Coconut Grove Pot't Antonio Illustrated Conference on special place for
April 21st,to 26th, that this has the moral support of the City of Miami
Commission and that we think these are great events for the well-being and
welfare of the total community of Coconut Grove and the general Miami area,
Mr. hiller: Yes,'thank you. And after working with the City Manager'sOffice
I hope to be able to come back (CGr* ENT INAUDIBLE).
Mayor Terre: And we would further request that the City Manager meet with Mr.
Hiller to discuss these subjects. Call the roll, please.
The following motion was introduced by Commissioner Lacasa, who
moved its adoption:
MOTION NO. 81-46
A MOTION OF THE CITY COMMISSION FULLY ENDORSING AND
SUPPORTING, IN PRINCIPLE, THE FESTIVAL PLANS AS OUTLINED
BY HERB HILLER, CHAIRMAN OF WORLD UNIVERSITY, IN CONNECTION
WITH THE BAHAMIAN COOMBAY FESTIVAL AND THE COCONUT GROVE
ILLUSTRATED CONFERENCE ON SPECIAL PLACES.
Upon being seconded by Commissioner Plummer, the motion was passed
and adopted by the following vote:
AYES: Mr. Plummer, Mr. Lacasa and Mayor Ferre.
NOES: None.
ABSENT: Mr. Carollo and Vice -Mayor Maurice.
12. PERSONAL APPEARANCE: ROBERT OWENS REGARDING USE OF GUSMAN
CULTURAL CENTER AND FEES CHARGED
URGE O.S.P.A. TO RESOLVE MATTER
Mayor Ferre: Alright, Mr. Robert Owens? Mr. Owens?
Mr. Robert Owens: Good afternoon Mayor and Commissioners. On behalf of the
Ballet Spectacular and the Hungarian Church of Reformation both non-profit
organizations here in the community. Rev. Nage is here as well today '
in'the Chambers. We have come to ask for your help in supporting our
international. series which has been now twenty-seven years in this community.
We have written to you and explained our purpose behind, these performances,
The Mayor and Commissioner Plummer have been to many of our performances in
the past. The Great Andro Segovia and the Roishoi Ballet Dance Company
and many, many Brest artists that we have had the privilege to present over
these years. he benefit performances for our scholarship school* the Dance
Drama Workshop. Today we Are 'asking for your support in a project that
involves bringing cultural performances to the Downtown Miami area at Gusman
Cultural Center. For many years we have Brought great artists to this community,
Unfortunately we have not boon able to bring os many as we wanted to the
Downtown area basically becauso of the tremendous cost involved in proeonting
these performance@. We are proposing bringing this coming season internationally
known artists like the Vienna 'Choir boys, Gscor Vot€rs+pn, Nana Msscouri from
f'rsntu and vevorul. othor artists, We recently presented a porformwe of the
TAmburitronf-Folk Donto Company which hod a goat fxcitennt from tho +audience
standpoint, poppio were very excited 4bout this por,formw on January the
100, Unfortunatoiyl we Duty hhve eight hundred fifty poopt@ atte-a4u; tho
porfQr ce out of a potonttat of stghtgou hundred, Thiv wee o p#turdoy
J A a.1 43 �O 40124
evening, Rev, Nage cats certainly back up the :7act that everyone that was
there enjoyed themselves tremendously seeing these young dancers perform
ethnic dance from all over the world, It was just a beautiful evening, But
I guess out main point here today is to ask,., we acre asking,,* we have Bever
in the past twenty -§even years of the International's history we have never
asked for your suppott, We are asking now because we find that we ate in a
situation, economic situation where unless *Ne have the support of the Commission
and the community we would not be able to put these performances oa that we
had scheduled for the Gusman Cultural Center: We have gone before the Off
Street parking, We have asked for their help and understanding in this project.
We have been turned down, This is all explained in the letter that we have
sent to all of you. We are asking that the Commission waive the rental fee
and the percentage for these performances that we would put on at the Gusmait
Cultural Center which would enable us then to bring the best possible name
artists all over the world to the Downtown Miami area. The brunt of the
cost of this we will take the responsibility for which includes stage hands,
the fees of the artists, the promotion, the publicity, the posters, the
tremendous amount of work that's involved in presenting these artists. We are
asking that we be given a grant of fifteen thousand dollars to defray partial
cost of presenting these performances we feel that, that's quite fair
considering the caliber of artists that we would bring to the Downtown area.
I think it's very important that we all live in this community and I think...
I know I have lived here for twenty-seven years in Miami and I can remember
when there were performances given Downtown and the theatre was full, people
were interested in coming into our Downtown Miami area. After seeing the
eight hundred fifty people the enthusiasm that they expressed for these
performances I can say that, that enthusiasm is still here in the community.,
It's just a question of letting them know that something beautiful is happening
in the Downtown area and that we all care about it. That the Commission and
the Mayor care about what's happening in our community. We certainly have
made quite an effort over the years.Some of the artists that we have presented,
I mentioned a few of them, but when you consider the performance of StravinsKy
coming here to this area with an orchestra of a hundred ten, Maurice Chevalier
and all of the great artists from all over the world. Our record stands on the
fact that we have done quite a job here and we would...
Mayor Ferre: Mr. Owens,, in the interest of time because I think we are beginning
to repeat now. We have all gotten your letter and I'm sure we have all read
it. I have read it very carefully. I have read Billiteuben's letter. 1 have
read Emilio Callejas letter. I have seen the Miami News article that... which
reads the sounds of ..(inaudible) opens first 'rate series and all of the otter
information that you have submitted to us. I think we know what we are talking
about Now,...
Mr. Owens: Alright. I was just going to end on that note Mayor, just by saying
that we certainly hope that you will support our endeavors here in the community.
Mayor Ferrer Ok, let _me just begin the Commission's discussion by saying you
know that we have supported you and your endeavors in the past, You also know
that we are under very severe' financial constraints in this City and in the
County and certainly in the Federal Government. We have set up a committee,
Mr, Manager, wherein on a yearly; basis the Administration reviews requests.
And as I recall. we earmarked ten thousand dollars or was it more? We earmarked
some money ----I'm sorry, it was more than that--- for those projects that are,
worthy Livid contribute to the general welfare of the Downtown area and to the
community at large for the City of Miami to make co,itributions to the Off -
Street Parking Authority, The Off -Street Parking Authority will not waive anything.
The City of Miami would have to pay to the Off -Street Parking Authority to use
tb4 H411 and so on, Now, I would recommend since Emilio Callejas wrote you
such a strong letter and since Bill Reuben's the Chairman of the isoara on January
6th wrote you a strong letter that it would go an awful long way if you., were
to come up before the Administration and subsequently to the Commission if alo
with that strung letter dill Reuben's would enclose a cnecK and that Em lio C41lejas
representing the one hundred fitfy merchants or whatever were to tell you that
each merchant had decided to contribute three hundred dollars four hundred
dollars and that through joint effort of three hundred dollars being contributed
thirty thousand dollars had been raised by the sembership or ten thousand
dollars and l thi.nk that would go ah awful lung way for the ComJ_@Joa to
participate, lastly, l might aey that there is a vehicle been established fer
helping art and pprfbrming arts and that is a two percent tAX on bids now and
_ hotels and l might pay that: sixty percent of that tax- is raised Within the
City of Mami, And l think it Would be aPprQPTiate for you to 80 he€Qt,@ that
JA N 2 2 1981
authority and one of out wn, namely that's J, h. Pit-tV-et is a member of that
Board and I think tie would 'gave a vote. I would... I cantt speak for CdMigAldhet
plum dt$ but I would imagine and I'm sure you would find a friendly eat and
pethaps support at that Board to funding,
Mr. Owens: Your honor, I would like to Make a point here, You mentioned
asking Jordan Marsh for support. They have supported the International series
for over twenty-seven years in the way of program advertising which is a
tremendous help to us. They have sold our tickets at their agencies which has
is a tremendous help. They have done their share as far as support is concerned.
I would like to point out the fact that Off -Street Parking ,,tanted special
flat rate fees to other organizations in the community and they were not non-profit
organization. The Zev Buffman Organization was here last year, tried to bring
great cultural performances to the Downtown area and he was given a flat rental.
We need something. We need some support in order to carry on here. It's...
We are not asking for a great deal. We asked for fifteen thousand dollars to
go towards the funding of these performances. We are asking a Waiving of the
fee where we would take the complete responsibility of presenting the performances
Downtown, but we certainly don't want to be put in a position where Offs -Street
Parking has already granted flat rental fees of five hundred dollars on daily
performances and for two performances on a Saturday for nine fifty. That is
on record and I believe you...
Mayor Ferret Is that to you, to you? I'm confused.
Mr. Owens: No, they have granted that to Zev Buffman.
Mayor Ferre: And to you how are they...
Mr. Owens: To us they have asked us to pay the rental, the regular rental and
the percentage.
Mayor Ferre: I haven't heard the figures is what I'm trying to say I guess.
Mr. Owens: Well, they are asking us to pay six hundred fifty dollars and
also eight percent of the gross which makes it a tremendous hardship as far as
presenting any Cultural performances in the Gusman Cultural Center.
Mayor Ferre: Alright. I think that in consideration of the facts that you
have had a successful track record and that you have done a lot of good things
for this community and that Rev. age and the kungarian Church are involved
in this whole process. That because of the long outstanding record of the
Church of reformation and Rev. Nage participation that we certainly snoula
pursue this vigorously. This is my personal opinion. I don't think we are
ready to vote on this at this Commission meeting. But'I think we have to
follow the procedure and that is that the Administration look into the process,
and return back with a recommendation to the City taking into account that -I
think the concensus here is favorable. In other words, that we should try to
help them.
Mr. Owens: Well, Mr. Mayor, there is one slight problem, We have a performance
coming up within the next three weeks, the Vienna Choir Boys and we are very
concerned about the fact that we may have to.
Mayor Ferre: You don't need fifteen thousand dollars for that.
Mr. Owens: Well, as far as the rental to concerned and the arrangements of
the theartre they :aunt be made so that we know exactly where we stand,
Mayor Ferre. Mr, Owens, we legally cannot speak for the Off -Street Parking
Avth ri.ty. They are in this particular matter independent and they can make
a deci.si.on pn their Own. We cannot tell them,.. we cannot order them to
do Anything, What we can do to pay out the City cef€ers The taxpayers
pocket@ ee to speak, for the difference. Now; that's all we ran do, We
cannot order them -to do Anything because of the grant, That theatre was
Sivfn to the City of Wami sunder conditions. One of which was that the
Off -Street Parkin$ Authority would hold title And would be responsible for
runntax the thestre; and that we acceptod It with these conditions, And
Ogre is Just not a darn thin$ that l or anybody elae on this Cc_ i @i.on ran
do- Accept come ` Up with the money: That we can do
rA
Mr, evens: I undetstand that, Mayot. But what iltt asking fot if you decide
to turn us down as fat as the grant is concerned or to lead us in a different
direction what I would like to know ishow is it possible that one ofganization,
a coftnetcial organization like Mr. Buffman,8 can receive a flat rental fee when
a nonprofit otgainization such as ours is asked to pay the percentage plats
the fee. It's not fair and we need to have a decision and we were hoping that
we would get a decision from the Commission today of what their feelings are
about it so that they would at least give us that encouragement to continue
our series.
Mayor Ferret Mr. Owens, again, in the interest of time I'm sure that this
Commission would vote unanimously to apply the rate schedule fairly to everybody.
I don't think anybody would say that somebody arbitrarily should get a lower
rental than--- especially a profit making operation over a non-profit operation*.
So there is no question about that and I'm sure... and if I speak wrongly then
please somebody correct me on the Commission. But Itm sure that everybody here
is in agreement that you and the Hungarian Ch+irch of the Reformation nonceprofitable
organization should certainly have the respect of being treated equally with
a profit making operation like Zev Bufman, as good as Zev Bufman is. That
has nothing to do with it. But again, I reiterate to you that as far as the
fee is concerned and that is a matter that is beyond our control. Now, we can
ask... and I would so request that the Manager ask Mr. LaBaw perhaps by the
end of the day to clarify this situation. If not, come before the City of
Miami Commission and explain how he is charging one person one fee and others
another fee and whether there is a pattern to it or whether it's just being
done arbitrarily. And who is making those judgements. I think we are entitled
to know that.
Mr. Owens: Hell, there are other organizations also. The Chuck Mangione Jazz
Group that comes pays a flat rental as well.
Mayor Ferret I understand. I understand the point...
Mr. Owens: But our predicament is an immediate one and the fact that we have
young scholarship students that depend on our series to be successful. We have
a responsibility. We have already made commitments to some of these artists
that come to Miami. We need to know immediately if... and also I was hoping that
- at least if you were to take a vote on the fact that at least a waiver of the
percentage should be granted to our organization..
Mayor Ferret We can't do that, Mr. Owens. Legally we cannot do than. There
is nothing... the only thing we can do if somebody wishes to move here is to
take money out of the City coffers to pay. for that And that we can do. If
somebody ,here on this Commission wants to do that I will entertain a motion.
Mr. Owens: Mr. Mayor, what I was saying was not that as far as the fee was
concerned, but to waive the percentage. We would... we would...
Mayor Ferre: Mr. Owens, again, we cannot legally do that. I don't know how
to explain it other than to tell you it's illegal. We can... This Commission
cannot force the Off -Street Parking Authority to make a determination on
something that we have no right to impose on them. 'Because when we accepted
the property once again, we accepted the property from Mr. Guswan under the
conditions that he outlined amongst which is that th;:: property will be vested
in the Off -Street Parking Authority, number one. Number two, that the Off -
Street Parking Authority will bave'all management decisions. That includes
the setting of fees. Therefore, since we accepted it under those conditions
we cannot now legally turn around and tell the Off -Street Parking Authority
who to charge, what to charge and how to charge.
Mr. Owens; Mr, Mayor, isn't it possible that sometimes in life we do make
changes and especially for something that sa fAr as the nonprofit organizations
Are concerned, don't you think it would be a good idea that organizations that
Are non-protit that are with a ta-xi nUber aro given o epeti.al fee sQ that it
enablse theft to put on more poriormanced at Gtae n Cultural Center?
Mayor Torre; l egroe, Xr. ow@ne.
14r., Owl' a; And as it if; right :now the only Parfor=ncaa that ere there ore
basically tho lunch time per1ornce8 � roek concorto. That to basically
JAN 21
what is happehing there with the exception of the Philhatbonic occasionallys
Even the Philham6nic has pulled out of the Downtown area
Mayor Terre: Mr. Owens, to save you time, I completely agree a hundred
percent with the statement you just made, Now, what do you want one to do?
Mr. Owens! Well, I'm asking can the Commission take a vote as far as that
non -prof it organizations renting from Gutman Cultural Center should be given
a special flat rental to brake it..4
Mayor Ferrer Mr. Owens, for the last time again, I will re -.eat that it is
illegal for the City of Miami Commission to do that. It does not mean anything.
'We cannot do that legally.
Mr. Plummer: Well, Mr. Ma}iot, let me try to get you all off dead center. It
would be within our purview to have passed a motion or a resolution urging the
Off=Street Parking Authority to consider, to consider that possibility. That
isn't a dictate, an ultimatum. It's asking then to consider what you have said.
They have that right to consider and come back and say "yes", 'lno" or
"indifferent", but Mr. Mayor, that...
Mayor 'Ferret Yes, but let's... look, let's not play games here. Bob it's
important that you understand. Now, we can pass that resolution. it isn't
worth the paper it's written on because if the Administration of the Off -
Street Parking Authority does not want to do it then they can throw the piece
of paper in the waste paper basket. Now, we can make it hard for them. Next
time the budget year comes around in October. You know, that power we do have
over them. But to solve your problem between now and February the llth there
is only one way this Commission can solve that problem and that is if somebody
makes a motion to come up with the money. That's the only way it can be solved.
There is no other way. Now, if somebody has another way, please let me know.
Now, I have expressed my position. What is the will of this Commission?
Mr. Plummer: Well, the obvious question even though, sir it's for mechanical
purposes. I want to tell you is that you are not here ,in all of these cases.
The question is to the Administration, do we have the money? Mr. Fosmoen?
Mr. Fosmoen: Commissioner, the answer is a easy answer is that it is not in
the budget. This was not a budgeted item. We do have as you know an account
"Special Programs". If the Commission wishes us to deal in the short run with
the immediate problem I can see what we can put together in terms of assistance
on the fee. I can meet with Mr. LaBaw an& try and find out why they are charging
a fee above what they charge for profit making organizations
Mayor Ferret It seems reasonable to me.
Mr. Fosmoen: And come back to this Commission on the 11th with a recommendation
dealing with the remainder of the events for the year.
Mayor Ferret 'You see the problem, of course, is again so that we are not
playing games is that he needs to make a decision on the Vienna Choir Boys
right now. And unless this Commission does otherwise, then he is obviously
out on his own.
Mr. Owens; Well, within a weeks time, Mayor.
Mayor Ferret Well, let's do this if somebody wishes to make such a motion.
Perhaps somebody can make a motion asking the Manager on a priority basis to
try to come to a conclusion on this with Mr. IaBaw and hopefully through
friendly pursuasion at least get him to give these people the same thing he
gave to zev Buffman and Chuck Mangi.one and whoever else he is giving these
special deal@ to,
Mr. Fosmoen; The other thing we can do Mr. Mayor, of course, is attempt because
it to a non -Profit Corporation attemPt to @UPPOrt the Organization through
our office of 'Visitors and Info matfon which has fair press aec@ss. You know
we can support the attendance through those efforts and perbApa DRA wpuid
Join up in those efforts since ,the program to located Aowptoww� and try and
get the
AttteAdance -up to 8 point whore the orgmieation is not hex:@ seeking
supplemental funding,
JAN 1981
4 t
Mey6t Pettet Uhat`s tht'sill of this Commission? We need to move along
gdtnebady want to make A Motion?
Mt, PiuMett Mr, Mayot, I Will mode it as you outlined its
Mayor Ferret t$ thete a second?
Mr, LaCas�s 5et6tld,
Mayor Fertet tlhdet discussion is there anything else that has to be said at
this tune? If not, call the roll, please,
The following motion was introduced by Cointhissibner Plutmnet� who
moved its adoptions
MOTION NO, 81-4
A MOTION OF THE CITY COMMISSION AUTHORIZING AND DIRECTING
THE CITY MANAGER TO INVESTIGATE CLAIMS MADE BY MR. ROBERT
OWENS OF THE INTERNATIONAL CULTURAL SERIES,REGARDING
INEQUITIES IN FEES CHARGED BY THE OFF-STREET PARKING
AUTHORITY FOR THE USE OF THE GUSMAN CULTURAL CENTER$ AND
TO SPECIFICALLY DETERMINE IF THERE IS ANY DIFFERENCE IN
THE FEES CHARGED TO NON-PROFIT ORGANIZATION vs, PROFIT
MAKING ORGANIZATIONS FURTHER DIRECTING THAT THIS BE DONE
ON A PRIORITY BASIS.
Upon being seconded by Commissioner Lacasa, the motion was passed
and adopted by the following vote:
AYES: Mr. Plummer, Mr. Carollo, Mr, Lacasa and Mayor Ferre.
NOES: None,
ABSENT: Vice --Mayor Gibson.
42
JAN 1981
titwgnVAt. APPtAP,ANCC: GRAU A0
FtLtAR P1GARDIMr, V00b STAMP
Mayor P'erre: One is Mrs, Grace Rockafellar and the food stamp office issue.
Mrs. kodkafellat; now I understand there is a letter here from Mr. Leonard
Helfand, District Legal Counsel to Mr. Knox dated January 2'st and I would be
happy to recognize first of all Mrs. Rockafellat and then the H.R.S.
people that are here, Mrs. Rotkafellar?
Mrs. Grace Rockafellart Mr. Mayor and members of the Commission, I'm Grace
Rockafellar. I live at 814 Northeast 71st Street, I'm President of the oldest
and largest Civic Association in Dade County. The Northeast Miami Improvement
Association and the Northeast Taxpayers Association. I'm, appearing here today
as a private citizen. Mr. Mayor; the problem we have here today did not
crop up today or last week. It cropped up seven months ago. That community
after this Commission was grateful enough to pass an ordinance that permitted
us to work and redevelop that area.,. we worked a year with developers to have
them come in. Everything was going fine.The last week of July the Immigration
Office moved in over the weekend and the food stamp place which most of you
have been to and have seen and have said this is absolutely an atrocious place
for it. The food stamp place is located at 518. It sits back there. They
have absolutely no parking of their own. The Federal Discount is guaranteed
forty-eight parking places. Thefurniture store on the other side is guaranteed
so many parking places. Now, those are two cancers on that community that's
been eating away at the financial and moral fiber of that community until it's
become a total disaster. We have worked for seven months with Mr. Max Rothbeind
of the H.R.S. We have had one false promise after another. One false promise
after another. The last six weeks they have simply ignored us by refusing to
take our telephone calls thinking by ignoring us we are just going to remain
quiet. As I explained to you last week we have about a hundred three to a
hundred ten merchants in that vicinity. The parking lots are filled up with
the people coming in there for food stamps as they have no parking of their
own. They get in there before the store is opened and the stores are empty. -
Twenty -five of them have already had to lock their doors. They informed me
yesterday about another fifteen they are going to have to lock their doors
at the end of this month. They have had to layoff numerous employees. The
situation is intolerable. I think all of you if you heard President Reagan's
inaugural speech for he made a statement that is so true. He said"the problem
is the government". In our case it's the State Government and the Federal
Government. And we hope today that this Commission shows the people in our
community, one fourth of the City of Miami,that the City Commission is not
part of that problem. That you are working with us and you are not going to
permit this place to become a complete slum area. Now, I think you are all
acquainted with Sidney Rudolph who has charge of all the Wendy Corporations
right across the street from the immigration office. He bought all that land.
He was going to put In -a complex of restaurants. He got one going. He finished
that and no more. Until these two situations are out of there. Last week
when we were here... I think her name was Mrs, Berkowitz of H.R.S. stated
that they locate these places in the area where people live and they are
queationtng from Commission Plummer thirty-two percent, if that much, is the -
very most of the people that live in this area. The rest of them come from
all over Dade County. They flock in there... Now, we read their position
papers on this ahead of the time, the H.R.S's. They said that the pictures
we had show that the people are going into the immigration office. They were not
goin8 into the food stamp place. We took their representative out in the
hall awhile ago, showed him the pictures, showed him, the mmigration- office
where there were no crowds around. They were lined up on both sides of the
buildings going right into the food stamp place.. Now, we hope today.., you have
the eyes of the whole Northeast looking at this Commission today. 'tomorrow
we are having a series of Pectin&$ with both the merchants, the developers
and the bankers in the community to let them know what decision this City
Commission ie going to take. Whether you Are'spin& to protect us from what
has happened tour or whether you are going to become part of the problem and
l don't thinly that's going to happen. In the afternoon we are meeting with
the various Civic Associations, the telephone ooa!i.tteea.are at work today
to father the people to let thm know the deoldion that this 'City Co!iselon
JANUARY 22 1981
w
Made today, Now, we have tried as you know.., we have never.., we don't get
any govetnment help, We don't get.., the rntrdhants uut there do not get their
salaries, their rest not their employees paid by the taxpayers. M.It.Si and
the immigration office does. So they could care less whether the other people
bake a livifig of tiot. And we think this is a ttagedys instead of bringing
more business into the area we are losing what we have, We talked it over
with four or five realtora that work hard in the coiirmunity..t you drive up
and down the streets many people have ;iVen up on the City of Mimli, They y
have their *iomes.up for sale. "Talk to Lauta McCarthy, talk to Jean Ferry,
talk to a numbet of the people that sell real estate in that community and
they say regardless of the kind of a home you have the people tour this area.
They see 19th Street and they say 100h, no we can't move into here". Almost
everybody in the Northeast area in that whole area have a plight for reduction in their taxes because of this situation out there. And you have said awhile
ago Mr. Mayor and you said it truthfully that the City is in dire financial
needs. This is going to affect the revenue coming into the City. it's going
to affect the unemployment because most of these people are being laid off.
in the stores the merchants are down to themselves. May be one part-time
employee, it's affecting the whole fabric c�t the community. And we are here
today to ask this City Commission to have the courage to do what you rightly
have the opportunity to do which is rightly yours and that is to close that
food stamp place down and close it down now. Now, if you do they can
immediately move these people., divide them up... we even have the people
from North Miami coming down there. They don't even have a food stamp place.
Mayor Ferre: Grace, in the interest of time. Didn't we actually pass a
resolution the last time around?
Mrs. Rockafellar: Yes, you did, but I understand you have somebody here from
the H,R.S. trying to get you to throw the thing out.
Mayor Ferre: Ok. Now, before we listen to the H.R.S.... I think it's fair to
give them a chance. 1 think the City Attorney wants to be recognized. Go
ahead.
Mr. Bob Clark: Mr. Mayor and members of the Commission, this question
came up during your last meeting. At that time I think the Mayor asked the
question whether you have the authority to revoke the permit and the answer
was that you had no such authority. The motion was then made and passed
that steps be taken to evict the agency from that location. Pursuant to that
motion we have contacted the Building and Zoning Inspection Department to
find out that they have no certificate of use perfected. The original
certificate of use...
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Clark: The original certificate of use was not perfected. There was
a hold put on it by the Structural Division of the Building and Zoning
Inspection Department. That hold was never released. The application
expired and there has been no follow up with respect to that operation. However,
our Code provides for an automatic processing of any application and requires
that it be acted on within three days and assuming that the building is in
compliance with all the Codes the application should the certificate should
be issued as a matter�of course. It was necessary for us to get guidance
from.the City Commission as to whether or not you want the City Attorney's
Office to seek a mere hearing before the County Court to have a violation and
,fudge and have a fine paid or do you want us to go through with the Circuit
Court hearing asking for an enjoining of the operation and knowing that the
procedure could be moot within a matter of three to five days depending on
the compliance of the applicant.
Mayor Ferre; Are those our two choices?
Mr, Clark, Those are.,► you have no.., you do not evict, You are not the
landlord, You have no.., the only grounds would be a non-complisnt+� and the
Building Department as yet has not advised us of th@ specific nature Q€
the hold on it that war, placed on it We ere awaiting that and I think it;,,
that's where you are at right now,
Mayor Ferre; A,l.righty let's heir fr9m H,M, and then we will open it up
for gVcstiQne,
Mt, Leonard Helfand: Thank you, Mt. Mayor and Commissioh. I'tin Leonard Helfafid
the biattiet Legal Counael for the Florida bepattmetit of Health and Rehabilitative
Services, 10% here this afternoon with Mae Bryan who is the ptogram manager
for all social services in the district directly under Mt,Vothman and with
Mt, Rothman's Administrative Assistant Olga Connors. `Basicallyo we hope
that this mttet can be resolved without litigation because we ate willing to
atComtnodate or cooperate with the City and with the merchants in anyway that
we tan short of total closure of the office, We would like you to consider
two factors in making your decision on whether to initiate litigation, litigation
which �s not going to have an immediate affect anyway, but which of coutse,
could be prolonged as we know the wheels of justice don't alyvays turn as fast
as we like. SO we would bring to your attention first of all the refugee
situation which is being alleviated at that office and the geographies of the
office which does show it to be a neighborhood office serving the surrounding
area. The boundaries of the office include the Northeast at" from 36th Street
to the County line, But the great majority, three quarters of the recipient
households reside in the zip code in which the office is located. The zip code
North and the zip code South. And although we do go somewhat far North it
would not be justified to open an office in the North Miami or North Miami Beach
area because the numbers are not there and because many of the North Miami Beach
and North Miami recipients are elderly and receive their stamps through the
mail even though they are counted in the total case load. With the relocation'
of the refugees many of whom live down toward 36th Street we feel the immediate
neighborhood would constitute an even higher percentage. Now, even in the
immediate zip code of the office we have thirty-five percent of the recipient
households that come from that zip code, Now, I wish I could tell you that as
of today or within a week the refugees would be gone from that office..
Mayor Ferre: Mr. Helfand, I will tell you we all have a copy of your January
21st letter and I have read it and I assume that everybody else has. So don't
repeat what you have put in the letter. I mean, it's all here. Let's get to
the point.
Mr. Helfand: Ok. Let me just say that the Haitian refugees do constitute
twenty-five percent of the case load and may unfortunately even be objectionable
to some people beyond their numbers and these Haitian refugees prior to their
arrival we did not have all of these complaints about the office which I think
is significant The final date for receiving bids for our new refugee office
is February 3rd and the first date after that, that we can get the phones in
and get any formalities completed we will be in the new office and out of the
79th Street office as far as the refugees. We do believe that the Commission
should not be above the fears and concerns of the residents and developers
and business people in the area and you should take these into consideration.
However, hopefully, you will weigh them against the facts of the situation and;
the needs of the entire community in making a rational decision as you generally
do, And I would just urge you today that you do not do anything precipitous,
but make your own investigation, find out for yourself what the situation is
with the lines. Whether the area is being completely disrupted and whether
there is not any possibility of averting the real problems that may exist
without trying to close the office which we will work with the Commission in
that regard. The parking problem which I did not mention in the memo, I
believe can easily be resolved because we do not require any parking.The
employees.., our employees do not use that parking lot and we do not need any
parking for the clients. We would be very agreeable to have all the parking
reserved for the other merchants within the center. The problems of the lines
if not completely resolved by relocation of the refugees can be resolved also
for example, if there are any people still showing up early in the morning
which we believe is the only time there are presently any lines before the
office opens. We could possibly have someone come early in the morning and
let the people inside instead of waiting in front of the stores. The staggered
Issuance which began in October is now being strictly enforced and when people
get in the habit of coming the first day or first few days of the months it's
hard to break that habit, but as of January we are starting to do it and in the
next few months we think we will see even better results so that people do come
throughout the month and not just at the beginning, At least the Comp tosion
should wait to see the full impact of staggered issuance and of the relocation
of the refugees before taking any final action, We are willing to meet with
the caW-unity representeti.ves, with the, business people to arrive at any
mutually satisfactory solutions. We arc oehpitive to the surrounding merchant@,
if in fact they are bung adversely affected and if the co iosi.on wilt ke
sensitive to the 'needs of our clients to be pervcd in their neighborhood which
l Mow the OWUPion is and balance this apstun the, coneerns;o€ the merchant$
F
I believe we can wotk together to the benefit of all involved,
tits. Rockafellat! Mt, Mayor't
Mayot Petret Altight.i. I wilt get back to you C"race; but I think it will all
code out ib the Cdahission questions and we will get back to you in a Second.
Alright, Mt. tacasa and then whoever else wishes...
Mr. taedsa: Welli Mr. Mayori members of the Commission, this is not a matter
at it was said before, that came to the attention of the Commission a week of
two weeks ago; sit. We have been dealing with this issLe for quite a long
time. I myself and I think other members of the Commission has done likewise.
We have gone to the area and we have seen by Ourselves the disruption that this
situation is creating there. I think that at this particular point it's fair
to say that H.R.S, has that office there against the wishes of the neighbors,
against the wishes of the merchants, against the wishes of this Commission+
To say that we can work out some kind of arrangement in the future does not
represent the reality of the situation. The only type of arrangement that
We will like to work out is for you to relocate that office in an area where
the neighbors, the majority of the neighbors asses those facilities. Not here
whereby statements made by your own people only thirty-eight percent of the
people that go to that particular office are being served... that are being
served in that office live in the neighborhood. Well, you have thirty-two
percent on the record. I checked earlier, it's thirty-eight. Now, there is
a discrepency and your people from your office said thirty-eight percent.
Now, it's thirty-two percent here. Even better to make my point. So what I
would suggest if you are to work in cooperation with us in the City Commission
and the neighbors and the merchants is that you expedite as much as possible
the relocation of the office, because I stand by my motion that was approved
and passed by this City Commission the last City Commission hearing instructing
the Law Department of the City of Miami to proceed to relocate the office by all
legal means as soon as possible. And if we have to go to court on this, we
will have to go to court on this. I don't believe that this is the ideal -
type of relationship between two governmental agencies, but this City Commission
has to be responsive to reasonable request from both the neighbors and the
merchants. And one final comment. This has absolutely nothing to do with the
Haitian refugees. Regardless of whether they are Haitian or any other ethnic
backgrounds the disruption that is being created in that particular area, plus the
fact, plus the fact that you are not serving well your own constituency, because
you own constituency, those that needs the food stamps are people that don't
"have the means for transportation and they are being forced to go to a place
sixty-eight; percent of them by your own figures, sixty-eight percent of them
to go to that particular place which is completely out of their own neighborhood.
Yours should be a neighborhood facility serving the neighbors in that particular
area and not a facility so much outside the area where these people live,
because they don't have, I repeat, the means of transportation. So you are
disrupting a neighborhood and you are causing a problem to the users of your
own services. So I plead with you that you expedite this relocation of the
office, but at the same time I urge our Law Department to immediately proceed
with whatever 'legal steps you have to take to relocate... ,to take thatoffice
out of there and if they are out of compliance with the Code I would like for
you to check into the legalities of this so the Building Department, which is
the one that has to give them the permit finds ways not to do so and therefore
we dispose of this situation once and for all,
Mi. Helfand. If I could just say one little thing there. 'Because of the fact
that we knew Commissioner Lacasa, was concerned about whether we were actually
serving the neighborhood we went back to the statistics and to the records
that we keep and this report that we have presented that seventy-five percent
Of the clients do come from the neighborhood is based on our statistical study
this week, Now, the thirty,,, approximately thirty-five percent is within the
Immediate zip code and seventy-five percent is within the zip code of the office
North and South, Of course, we can't have an office every few blocks. And as
I indicated those who are farther North in the North Miami and North Miami
Beach area are to a lar$e oxtent elderly who receive the stamps through the
mail., So we do maintatn that we are sorYtUg that immediate community and this is `
why this aheuid he weighed against the concerns of the merchants, Also, this
Problemdid not s et prior to the i aitign refugees that we had any Complaints
of this nature and as far as the fact that it's existed quite a long time we
have been Woking, on this problem" but we have had a lot Of problems in
roiocoting the 94iti4n rofugm, For OXMV104 due to the fact' that we ran into
opposition as far es having the refnaeea:at the Q€€ico we were planning to
iQcate with the CM-Puntty Actign Agency 0n pZpd 6traot end end venue, brit
46 JAN R9
•
we ate definitely thoving ahead with the relocation of the tefugees at this tibe.
Mayor Fdtre. Aitight, afiy futther..%
Mrs. Rddkaf ellat t Yes.
Mayor Verret Grace t1m going to recognite you.., but.., that was an answer to
tacasals 5tatemei t: Are there afty other stattments from the membets of the
Commission? Or questions? Mr. Plummer? Mr. Carollo7 hell, I will tell you
I do have a statement and I will tell you what it is. I want you to understand
that tliis is not an easy situation Mr. Helfand. That this Commission goes
through this all the tithe, We have continually toning matters where we have to
weigh the rights of individuals over the rights of society as a whole and
sometimes it comes out one way for the individuals. Sometimes it comes out
another way. Now, I think there is no question that in this Country every
man's home is really his castle and that's something that we should go t0 i
great lengths to protect. There are tithes when the needs of society has to
1-e put in balance with that. Now, I for one for example, in another unrelated
-item for several years was a strong advocate of certain sentencing for crimes
committed until a Judge explained to me Lhat the majority of the cases that
come up before the courts are so badly presented and they have got so little
evidence that the only way that they can in anyway deal with these criminals
and put them in jail is to go into plea bargaining. Now, you may have seen
what I thought was a very fine series in both the Miami herald and the News
on crime issues and you may have seen that the percentage of plea bargaining
in Jacksonville and other parts of the State and indeed in other parts of the
Country are not too disimilar to what happens in this community and the
reason for that is that you got to give these Judges that latitude, otherwise,
many more people would not go to jail than if we say "ok, there is no deviation
if you commit this crime it's an automatic two year sentence". What happens,
which is what I have always been in favor of... what happens is that then the
majority of the cases will be dropped because there is not enough evidence or
there is not sufficient and the case is not strong enough. Now, how does this
relate to this? Well, what it all means is that this Commission has got to
have certain leeways of making decisions. Now, because not every case is the
same and not every circumstance is the same. Now, why do we take-up the
plea of the Northeast part of this town? I don't think there is another part
of Miami that is impacted with more problems, prostitution, a complete turn
around in the commercial sector, houses for sale that cannot be sold. It's
a community in real trouble. We have... they have more than their fair share of
agencies, halfway houses, drug related things, all kinds of humanitarian
endeavors which we are all in favor of, but enough is enough, you know. Why
should the Northeast part of the City of Miami have to carry more than its
fair share. When you add all those things together, the deterioration of the area,
the commercialization, the lack of new housing, shifting neighborhoods, high
crime area, prostitution along Biscayne Boulevard and you add to that a
refugee office which has created all kinds of problems on 79th,Street through
no doing of yours, then you add to that a food stamp office which we have
photographs and,I personally went up there to see that operation. I couldn't
believe it. And when you see people lined up for blocks... I don't care whether
they are Cuban refugees or Haitians or poor Americans or whatever, people
lining up blocking off the commercial life of a whole shopping center and you
see that there is not one parking space available and when you see as I have
seen bands of kids.., again, I don't care whether they are Cubans, Haitians
or Americans running through that shopping center, going into scores.,# these
store owners are ,just... you know, they are ready to tear their hair out. They
see all these kids running in, They can't control it. And you can imagine
the kind of chaos that has been created in an area which was not built
originally to have a food stamp operation, but was built as a co=ercial center.
Now, you say "well, God there has got to be. room for a food stamp operation
some where" and I completely agree. There are a lot of places you can go where
you won't disrupt it residential neighborhood or you won't disrupt a struggling
surviving net$bborhood or you won't disrupt a series of mar -chants that are
taxpayers and also have certain rights. Now, if adding all those things together_
I don't.,, my personal opinion is in concurrence with the majority of this
Commission which is I don't think we have any choice but to fight you on this:,
I'm sorry: I hate to do it, you guys are good guys, I'm not saying yQe are
bed guya, you are good guys, But these are- two good situations that have to
be weighed and irenklyf I think that in this particular osse the nscds of that
particular resWntial area supgrsedos the overall gQod thst you. do,
t
Mrs, koekafeliat. Mf- Mayor, I would just like to say two things, First of
Alit everything the getitleihait said over hete iti hi.s ptesentation we have heard
for seveti tionths. We have heard everything he said for seven m6i%ths. Two
statemei"lts he :lade after that l totally resent. Ofie is that you didn't 'hear
any objdd-tions until the refugees became Uaitians, And t think that was attictly
uncalled for. They are masses. We don't sate whether they ate Haitians,
Cubans, Anglos or tgkittos. They are masses that are taking up those parking
places. AM another thing l totally resent is he says the merchants who are
forced to go bankrupt because of his place acid that immigration place, he says
the iherchants should take into consideration these people need food stamps.
The merchants are paying for those food stamps and they are not trying to
prevent these p people from getting the ..food .stamps, They dust want to be able
to open their door in the horning and do business as they were doing before.
And we certainly hope that this Commission sticks to your resolution and moves
ahead with speed to get this place out of there. Now, Mrs. kippie called file
from Atlanta on Tuesday and she has submitted,,. she said she had a meeting
with you, She has submitted a recommendation. So hopefully, hopefully if you
remove this... they remove that we are going to get that area back together
and get to put in use the good ordinances this City Commission passed. And 1
thank you, very much.
Mayor Ferre: Alright, Mrs. Rockafeilar,
Mr. Helfand: I appreciate the weight that you have given the needs of the
Northeast area and the fine work that the community is doing. Basically,
what we are in essence saying is that possibly this could be resolved with the
needs of both sides taken into consideration instead of litigation which would
not achieve anything immediately because the litigation is going to be protracted.
The State of rlorida is entitled to an automatic stay if we appeal any litigation
assuming you are successful and all I'm saying is not to disregard their needs,
but to see if it can be resolved without...
Mrs. Rockafellar: No way, Mr. Mayor. No way.
Mayon Ferre: I hope... well, Grace, you never know. I would hope that perhaps {
they would see the light and cooperate with us and find another place without
getting...
Mrs. Rockafellar: That's the only solution. That's the only solution.
Mayor Ferre: Ok, so there... you know, but that might be possible and let's
hope that, that works out. In the meantime....
Mrs. Rockafellar: If they have to close down Mr. Mayor, they will stop, the
rhetoric and get busy and they can find another location.
Mayor Ferre: I'm sure they will.
Mrs. Rockafellar: They can find another location.
Mayor Ferre: Alright, Mr. City Attorney what's our next move here?
Mr. Clark: We need no further direction. We have been instructed and we will
comply,
Mayor Ferre: Alright, thank you, sir,
14, ACCEPT BID; FIELD LIGHTING FOR MIAMI WEB= STADIUM
Mayor Verbs, We have nou before us the Misini, ►. Is PICtmt ow around?
Mr, Plutiimert Yes.
Mayor Ferrer The Miami Stadium field lighting resolution awarding contract.
This comes from the COtlltnisSiOn meeting of .January 15th, Department of Public
Works and Department of Stadium and Marinas recommends adoption of the
resolution accepting the bid of Timco Electric in the amount of a hundred
seventy-four thousand and authorizing the Manager to enter into a contract.
Now, as you recalled Mr. Plummer at the last Cotmnission meeting said that in
his opinion since we were already losing money in that Baseball Stadium he
didn't see the justification of making improvements on the lighting system 1
and since that time my office got a phone call from the owner of the Baltimore
Orioles. '
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Peters,
Mr. Fosmoen: Mr, Peters.
Mayor Ferre: Ok, what's his first name?
Mr. Fosmoen: Hank.
Mayor Ferre: Hank Peters, obviously concerned and perturbed about all of this
and let's proceed. Make your statement into the record and then we will open
it for questions.
Mr. Jennings: Mr. Mayor, I made some...
Mayor Ferre: Mr. Jennings.
Mr. Jennings: Pardon me.
Mayor Ferre: I'm identifying you for the record. Mr. Jennings?
Mr. Jennings: Mr. Mayor, I will be a little bit repetitive. If I may repeat
some of the things that I said last week. The question is as I understand it,
Commissioner-Plummer's question is why are we spending two hundred thousand
dollars on a stadium that's losing money.
Mr. Plummer: Excuse me, I thought it was a hundred eighty.
Mr, Jennings; Well,,.
Mayor Ferrer hundred seventy-four thousand,
Mr. Fosmoen; Hundred seventy-four thousand,
Mr. Plummer; What number is this?
Mayor Ferro; NSI,
Mr, Planer; Waon't it On the agenda for one eighty?
Mayor Ferro; Yes,
M€ Johnings It. Woo on the laot opuda as 25A,
Mayor Perm; I will tell YOU Mr, Jennfn80* I got a tooling that this is
ptp$ to take more than a few injoutep., 14pn't thftk there is anyhgay @Ipe
hat@ On thin Other than YOU. To that ;orre.W1 To there anybody heta pn that
Issue?
Mt. Fosmdtht Yesq thete is one,
Mr. Jennings: Yes. Mt. Morectoft of the Baltimore Orioles is...
Mayor Ferrer Mr. who?
Mr. Jennings! Mr. Motecrofto who is the operations manager for the Baltimore
Orioles Oganization is here.
Mayor Fevre: Alright, Mr. Motectoft are you here?
Mr. Morectoft: Yes, sir.
Mayor Fevre: Alright, then proceed very quickly Jennings.
Mr. Fosmoen: Mr.Mayor, may be I can Cut through it.
Mayor Ferre: Good,
Mr. Fosmoen: There were some commitments made in the capital improvements'
program when this City Commission adopted it as the budget for the year. There
was an expectation on the part of the Baltimore Orioles that those' lights would
be improved and as a result of that expectation they have agreed to play in
the stadium this year. They are concerned that if the lights are not improved
that the field lighting will not be up to acceptable standards. Their players
may in fact end up getting hurt on that field and when they pay the kinds of
salaries they do to some of their players they area little bit concerned about
that.
Mayor Ferre: Yes, I understand. Alright, sir, your name for the record and
them a statement and we will move along.
Mr. Ralph Morecroft: My name is Ralph Morecroft, Baltimore Orioles, Director
of Operations. I think that it's all been covered so I will make a very few
short remarks. I wanted to disspell the editor that... or the idea that if
Baltimore does not get from Miami what they have asked for they "are going to
leave town. This is not true. We have no other place that we have looked
at and investigated. We want to stay in the City of Miami. However, we are
down to a position that the lighting conditions in Miami Stadium are far, far
below any acceptable standards even for Division A baseball which is the lowest
minor league classification. We do have great concern ever the injury of our
ball players and the fans and the people. We have quite a few conditions las
year that occurred that I don't want to kick around, but were certainly
detrimental to our being here. Now, I would want to point out just one thing,
I think it's in the newspapers there, was indicated we were in ---and I don't
want to be redundant--- in the City of Daytona Beach... which is not true. I
would, point out that the Montreal Ball Club left Daytona Beach to come down
to West Palm Beach to play, to be where we all are. We all want to be here
and we want to stay in Miami. I think we have had great relationship. I would
like to tell you Commissioners that the people that work for you and I would'
like to say Mr, Jennings and will allow me to name their names, Bill Campbell
and I could go right on down through the list, Walter Golby who nave just
bent over backward to be cooperative; with us. Our associati,-n with the City'
of Miami has been fantastic. We are just down to s simple situation. It's
like in your house, The lights were up there when you first got the stadium,
They have deteriorated. They can't be repaired. We are in a bad situation
and we would like relief from it, And we had understood that the lighting
was going to be improved and I was sort of surprised when this came up But
we would ask you to take a good look at it. And we recognize your
responsibilities to the taxpayers to, That's as much ,as I have to say.
Mayor Ferrpt Mr. Morecroft, this is the voice of one individual here and
that's all I pan speak for. I just want to tell you that I'm extremely grateful
to the Orioles, to the Baltimore Orioles for the wonderful relationship that
we have had over the years. It goes now for many, many years, Yes it cost
the City of Miami a lot of money to have you down here, now, there are a lot
of things that we do that cost a lot of Lnoney, Thg question is do we get the
publirwity and the value long term, And I think we do and I want to tell you
publicly I admit that I wade a 'Distake and I guess.,: Rose, you wsfn bete and
Plummer you were here and rather and I think Reboso was hore when we made some
rathet tough st 6ng decisiotis on that bl ttp. And as l look back on it that
was probably a Iistake. Certainly I think I made a mistake. R l wtould
not have put the blimp where those people wanted, ywu know, but l think
we could have worked it out ' somehow Ahd VM not too sure that toe didn't really
tty hard enough, I tertaitily would have never -toted for that big hangar out
there in Virginia Keys but on the other hand l don't think we tried hard
enough to keep those people in Miami and we lost them, I think it would be
a bad blow to out image after the May riots and after the situation with
MAtiel and the other things that have happened in this toiiimunity for us to
lose the Baltimore Orioles, Now. is it worth a hundred seventy-four thousand
dollars to the City. in -pity opinion it is. But that's one iiian's opinion,
Mr. Morecroft: Well, just let me say two further things. Che statements that
I just made about not wish to be Basted in any kind of a threatening position.
I have heard that.
Mayor Terre: I appreciate that.
Mr. Morecroft: Yes, betause Mr. Tdward Bennett Williams was very strong to
me about this and Mr. Peters. We just don't operate that way. The other thing
is I think you do make money in the period of time that the Baltimore Orioles i
are here on the whole run of the stadium. And I think that...
Mayor Ferret toward Bennett Williams owns the team?
Mr. Fosmoen: That's what I'm hearing on...
Mr. Morecroftt I said that I think during the time we are here Mayor in lieu
of your last remarks that the City of Miami does not lose money, but does
make money when the Baltimore Orioles are here for the sixty days'.
Mayor Ferree Yes. I think the overall city, you know, with the tourism and
people and the attraction probably makes some money. The City of Miami itself
as an entity loses money in that stadium. Don't we?
Mr. Jennings: Yes, we do lose money in the stadium, but during the period of
time from the Baltimore Orioles operation while they are here for the two
month period they are here we actually make money as a result of..
Mayor Ferre: Well, let me, let me rephrase that. If the Baltimore Orioles
were not here we would lose more money than we lose now and so if you lookat
it from that perspective it makes sense too. And I just think that we can't
afford to lose the Orioles.
Mr. Jennings: Mr. Mayor, during Mr. Reese's administration, if I'm not mistaken,
_ a study was done to determine how much the presence of the Baltimore Orioles
means to the City of Miami and South Florida during the two months they are
here and the estimate at that time which was quite some time ago was a million
and a half dollars to the economy.
Mayor Ferre: And I'm sure it's double or triple that. Ho in other words, is
it worth a hundred.., and it's like the Orange Bowl, it's like the Orange Bowl
Game, ok? I dou'L think we make any money out of the Orange Bowl Game, but this
community does. You know, because it brings hundreds of thousands of tourist
and the free publicity that we get and you know, when sportswriters write a
story about the Baltimore Orioles in their training tamp it's slate lined Miami.
Now, there are people all over this Country who read those sport stories and
- who follow this. How much is that worth? I'mean, what a dollar... We are
willing to spend hundreds of thousands of dollars in advertising. flow much
is this worth to us? The are the type of things that build up a community,
Hialeah Voted to use it's funds to maintain Hialeah Race Track. Is that a
fifty cent water melon? 1 don't know.
Mayor Fe. rre; Race Track. The Hialeah Race Track loses a hol.l of a lot of
money for the City of Hialeah and yet the City of Hialeah and the taxpayers
evidentall3► are willtug to subsidize it. Whose ate fifty cent orator msions.
And there is a point where t think 1.,f= have to do these things. Now, again
that's one than's opinion,
Mr. Carolloi One of the rumors we hear is that the people of the race track
contribute areal nicely during election time in campaigns in Hialeah,
Mayor Fet•te: Well, l don't think that happens to be the case with the Miami
Orioles. At least I have never heard of them contributing to anybody's
catnpai gn
Mr. Carollo: Not with the Miami Orioles away.
Mayor Ferrel Huh?
Mr. Carollo: Nol with the Miami Orioles away.
Mr. Plummer: -Let me ask you Mr, Jennings, ;-pow long is their contract?
Mr. Jennings: Their contract is year by year, but it's until 1984 Yes, sir.
Mr. Plummer: Until 1984, ok. Mr. Mayor, as you know, I have been questioning
this item up until now. if they have a contract until 1984 you are expressing-
a concern of safety. I can't argue with that one, ok? If we are going to have
it and they have a contract and a safety factor is involved you leave me but
one position to vote and that is favorably. I will say this sir. You are a
welcome relief at that podium to be honest and say we have no intentions of
leaving and that had a lot of determination on my vote. We normally don't
hear that, sir.
Mayor Ferre: Mr. Plummer moves a resolution accepting the bid of Timco
Electric, inc. in the proposed amount of a hundred seventy-four thousand dollars,
etc. It's been seconded by Commissioner Lacasa, further discussion, call the
roll, please.
On ROLL CALL:
Mayor Ferrel In voting let me reiterate my colleague, Plummer's statements
and through you sir to Mr. Edward Bennett Williams and Hank Peters our gratitude
and believe me it is a welcome relief to have a... to have sports team owners
come here and be so forthright and not threaten as we are used to around here.
This community is used to people who own teams threatening an awful lot and
we are happy that there is a team that doesn't work that way. Thank you, sir.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 81-48
A RESOLUTION ACCEPTING THE BID OF TIMCO ELECTRIC, INC.
IN THE PROPOSED AMOUNT OF $174,000, BASE BID "C" OF
THE PROPOSAL, FOR MIAMI STADIUM FIELD LIGHTING; WITH
MONIES THEREFOR ALLOCATED FROM THE "CAPITAL IMPROVEMENT
FUND" IN THE AMOUNT OF $174,000 TO COVER THE CONTRACT
COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $19,140
TO COVER THE COST OF PROJECT EXPENSE ALLOCATING FROM
SAID FUND THE AMOUNT OF $3,480 TO COVER THE COST OF
SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND
POSTAGE: ALLOCATING FROM SAID 'FUND THE AMOUNT OF $7,216
TO COVER THE INDIRECT COST; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk),
Upon being seconded by Commissioner Lacasa, the resolution was
passed and adopted by the following vote:
AYES: Mr. Flummor,
.Mr. Carollo, Mr, Laoasa and Mayor Ferree,
NOES; None,
ABSENT; Rev, Gibson, m
�•.��
L5-a CONPtk-M ORDERING RESOLUTION! MNOR ktcHWAV 1f`1PkOVV-1tNT
PHASE
Mayor Ferret We ate now on Itetn 04 which is a resolution of No. 80-014
construction of Manor Highway ltnptovetients Phase 1. 16 there anybody here
who wishes to be heard can Item #41 Are thdrp any objectors to Itetn #41
Mr. Plummer! Let the record reflect: that none were indicated and I move the
item for approval.
Mr. Lacasa: Second.
Mayor Ferret Alright, Item 4 has been moved and seconded, is there any
further action that's needed? This is a resolution. Further discussion, call
the roll,
The following resolution Vas introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 81-49
A RESOLUTION CONFIRMING ORDERING RESOLUTION NO, 80-914 j
AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED j
BIDS FOR THE CONSTRUCTION OF MANOR HIGHWAY IMPROVEMENT
PHASE I IN MANOR HIGHWAY IMPROVEMENT DISTRICT PHASE I
H-4465
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Lacasa, the resolution was
passed and ,adopted by the following voter
AYES: Mr. Carollo, Mr. Plummer, Mr. Lacasa and Mayor Ferre.
NOES: None.
ABSENT: Rev. Gibson.
JAB''' "'�
16. i'UIsLIC hFAIIM;G: FEC PROP,'..:TY
Mayor Ferre: We're now on item 5 which is a public hearing on the FEC
Court Case on Port property. Now this i_- :he second public hearing
that we've had on this particular item.
Mr. Plummer: Second and last.
Mayor Ferre: Now Father Gibson, as you all know, is in the hospital. Out
of courtesy to Father. Gibson we agreed that we would hear today anybody
who wished to be heard and that Father Gibson would have the opportunity
to listen to the tape on the public record, in the hospital. And that once
he came out of the hospital, that he would then, therefore, be available
to vote. So the simple procedure is that we would continue this public
hearing until such time as we have 5 members of the Commission, at which
time then we will bring this matter up for a vote. However, we will not
deny anybody the right to make a statement into the record at this time.
However, if you wish to, you could also make it at the time that Father
Gibson is here I would allow that to happen. Now, we will first of all
ask for the City Manager to make his presentation. We will then ask the
governmental agencies such as the Downtwon Development Authority, and
any other government agency that is here to make his statement, then I
will ask for statements to be made by quasi-civic...quasi-governmental-civic
like the Chamber. of Commerce, etc., and then we'll hear from the general
public. Okay, Mr. Fosmoen, the Chair recognizes you.
Mr. Fosmoet► Mr, Mayot; I believe that the Commission and those membets
ifi the audience who are going to address it; ate familiar with the basic
proposal. In accordance with the Commissions ibsttuctions t we
cofmnunicated with a numbet of civic organizations asking theta for then'
positions and I believe they are prepared to respond and give the
Cotntission tecoftbendations on the FEC proposal.
Mayor Ferre: All tight; since,.,I think in the interest of time, there's
no use being repetitive, the members of the Commission have previously
heard the presentation so I don't think there's any need to repeat that:
And in that vein, I would tequest...some of you have spoken at the last
public hearing and I would ask those of you that have already made a
statement, Itm going to ask that you be the last to speak to give an
opportunity to those that have not spoken. And then when you speak, I'm
going to ask that you not repeat what you said last time.
Mr. Fosmoen: Mr. Mayor, just one other point. Zit. Toby Brigham who is
the attorney representing the FEC is here. He may wish to lead off with
a statement.
Mayor Ferre: Mr Brigham, the Chair recognizes you, sir.
(INAULIBLL BAKCGROUND COMMENT, PLACED OUTSIDE OF THE PUBLIC RECORD)
Mayor Ferre: All right, sir. I will, therefore, recognize you later on
in the program. All right, Mr. Kenzie, you're next. Is Mr. Plummer here?
It's hard to keep the Commission all togehter, so we'll have to wait until
everybody gets back. Mr. Manager, would you inform ... would you have somebody
inform Messieurs Lacasa and Carollo that Mr. Plummer and I are now in the
Chamber and perhaps as soon as they can join us we can continue.
All right, Roy, proceed. Go ahead.
Mr. Roy Kenzie: For the record, my name is Roy Kenzie. Itm Executive
Director of the Downtown Development Authority. I'm appearing before the
Commission today on behalf of the Board of Directors of the Downtown
Development Authority. You have before you a resolution which was passed
by the board, for your information, on the board's passage of the resolution.
The vote of the members present were 9 for, l against, with 2 abstentions.
The Mayor abstaining because he's voting with the Commission, Mr Dan
Gill who is president of Florida National Bank who has relationships with
Mr. Ball abstained from voting as well.
Mayor Ferre: How does that add up to 9 for. That adds up to 3.
Mr. Kenzie: No, 9 for it, 1 against it, and 2 abstentions. A total of
12 board members voting.- Okay. We were asked by, board member Bill
Klein to undertake an extensive analysis at the staff lever of the various
proposals designed for consideration in regards to the FEC, property and
she bay. This analysis is called a modified KT analysis, It's undertaken
by many large corporationsin making large corporate decisions involving
a lot of dollars or a lot of complexity. We did this using our staff
in a number of different rolls. Some of our staff taking positions of
enviornmentalists, some of our staff taking the position of developers
to run through the process. We went through 2 hours of board discussion
on this matter through analysis and then i additional hour for discussion.
We took the property, the FEC property and the FEC proposal and we tried
to structure first of all what seemed to be the best uses for the land,
and what seemed to be the goals and objectives that the development or
non -development of that land would acheive in relationship to that property
and to the rest of downtown and to the City, in doing that, we came up
with about 45 different, in some cases, contrasting goals and objectives.
And from that analysis and going down through it, there were eight final
alternatives that the board considered, One was to continue the FEC
suit and when the City finally acquires the Property, to cRnvert that into
_ a Passive park, The second would be to continue the ,suit, acquire the
Property but instead of developing that as a Passive park develop it as
a public attraction, A porfmatng arts comer, s maritime muesum somsr
other type of up@ which would attract public to the park, The third was
to OPPW the FgO dcsal as it stands right now, The €north, would be to
is t p` r
Mr. Kenzie (continued) accept a Modi.ii.ed FEC deal. rearranging the
proposed land uses and altering the density so we wouldn't be talking about
such a large mass of buildibgs on the property.
Mayor F'erre. Hold up because I think, you know, this is...I know that we
all have a position on this:.:okay, there he'is. Go ahead.
Mr. Yluuumar: 7'm listening,
Mr.. Kenzie, Okay, The fifth would be to accept a modified FEC deal
and alter the use of the land. Instead of doing condominiums there do
something else which would be commercially profitable and would allow
the deal the go forward, The sixth would be to arrange a trade of
property and to relocate the condominiums proposed to another site and to
use the FEC property as a park. Me next would be the same kind of deal
but to use the FEC property as a public attration. And finally, the last
one is if. the City wanted to acquire and it didn't have enough funds, and
that failed, then that land would be sitting as it is now with C--1
zoning and if the FEC wanted to deve:lc;, anything else on it they'd have
to negotiate with us for an upgrade and we Could try to get the maximum
public benefit out of it at that time. After a long series of discussion
and a lot of consideration analysis, we came to the conclusion that in
order, number one, was that we were in favor of continuing the negotiations
-
wi.th the FEC and to look at the possibility of trading the property and
relocating the condominiums and to use the FEC property as a public
attraction. I'll explain that a little bit more in a minute. The second
could be to trade the property, relocate the condominiums and to use the
FEC property as a park. And the third would be to continue the FEC
suit and we acquire the land, put a public attraction on this site. But
we were opposed to the acquisition of that property for pure use as a
passive park In the board resolution you have before you, the board
stvongly urged the City not give up its negotiations at this point but
that it continue its negotiations and try to establish a workable deal
with the FEC. We were opposed to the deal as it stands right now. The
putting the large condominium structures on the FEC property. But we
suggested in your negotiations as you continue, look at other alternatives
including relocation of those to the northern end of the park. I'd like
to take: this microphone with me, I'll explain some thoughts that we had
as we went into this. These buildings here as just in there for scale so
You'll understand the kind of magnitude we're talking about in the development
as proposed ,by the FEC. This is the FEC property. The 45% of the land area
and 55% of the water area that was proposed as a_portion of the deal as
outlined. On that 45% of the land area, they were talking about
1,500 units, approximately, condominiums. .wL could relate something
like this into 3 large towers. However they are distributed, you can
put them any way on here, but it means something of that magnitude in order
to'get _1,500 units on that site. We'were-proposing instead of doing this
development on that site, the DAA Board said instead of just dropping
the whole thing at this point in time let's look at if there's any other
way of structuring it. One would be, if possible, to look at the relocation
of that, these housing units up into the northern edge of the park,
Bicentennial Parka That could mean either, again, the placement of tall
towers. And there are many many ways that could happen, along the edge
of the park, or it could mean a different type of -configuration similar
to the ones on Brickell. Key which would lower the height of the buildings.
It would make it more bulky, again along the edge of the expressway, 'along
the edge of the park. We did not, of course, attempt to do any design
on what those buildings would look like, but this 'gives you an idea
of the scale of what we're talking about, be it in the center of the park,
or on the edge of the park, be it tall towers which are narrower and take
less land area, or squatter structures which are going to spread out
across more of the property, The board felt it was very important as a
part of the FEC proposal that we not lose sight of the fact that the land
On the river is a part of it, and that in part of this deal were talking
about also considerations in regard to 4 sports arena, trade art, and
exhibition hail, And that'thesa, again, are very important issues that
the City has cQnoern i.n trying to develop and that these ate companion
Proposals. And if we do not move forward and continue egQtiatiQns, we
stand to lose that opportunity on it►e rivers and wooid have to cQme in
is JAN 2 2 1981
Mt, ktfitie (continued) through condemtiatioti, probably go through
atiothet 5 years of litigaticitt and end up iosing that because of the ifittease
in land pfice afouftd the Atena site, Thank your
Mayor Petre: All righti ate there any other governmental agencies or
entities that Wish to express an opiniiiti at this tinel if not, then we'll
to the Chamber of Cotmffietce and the other curie entities,
Mt. David Wallard Mr, Mayon, Commissioners, my natbp is David Wallard. I
am here today'69 chairman of the bade County Council of Arts and Sciences.
I think the Mayor and the Commission are familiar with the interest that
the Council of Arts and Sciences, and indeed, the Greatet Miami Chamber
Of CoMerce have had in the formation of a peforming arts Center
somewhere in the Downtown area, The most recent interest was given impetus
back in 1918 when a committee, a sub-cofrunitee of the New World Center
Action Committee of the Chamber was formed to investigate the need for a `
performing arts center, This evovled into a special subs-comnitee, The
Action Committee of the Arts udder attorney Robert Paul which produced
the study and pilot plan recommending a downtown site for the center, A
_ group of consultants from throughout the united States was used in the
formation of that pilot study.Hilario Candela, a local architect, headed
the study and signed it on behalf of the group, Interest of the Greater
MiamiChambercontinued until September of this year when it was decided...
excuse me I'm sorry, in July of this year when the Chamber requested that
the Dade County Council of Arts and Sciences assume responsibility for
further study and planning of a downtown performing arts center.` A Committee
was formed under the chairmanship, or chairpersonship of Tina Hills who is
the immediate past chairman of the Dade County Council of Arts and Sciences.
Constructed as the Performing Arts District Commitee containing a number-
of members of the council, the Dade County Council of Arts and Sciences
and a number of public members at large.` One of the principal sub-comittees
of that Performing Arts District Committee was the Site Selection Committee
on who replaced Hilario Candella as chairman, Howard Dando, Marshall
Harris, Bob Herman, Roy Kenzie and Julian Krieger. And at the first meeting
of this Site Selection Sub -committee the question of location of a
performing arts district was evaluated. The tentative conclusion, and I
say tentatitive only because 'I think there needs to be a bit more formal
under pinning of that site selection sub-committes work thus far. but the
conclusion reached by that sub -committee was unanimously to reconfirm the
Chambers recommendation stated in their study and pilot plan of a site
either in Bicentennial Park or between Bicentennial Park and the Bayfront
Auditorium with perference for the ideal site as the FEC property that
has been condemned for public purpose. Mr. Mayor, I think you and the
Commissiners received Tina Hills wire. She is unable... intended to be
here and was unable to be here today because of business reasons so I won't
bother to read it, but she does reconfirm again her commitee and her
personal ... her committees belief and her personal belief.
Mayor Ferre: I'll tell you. Go ahead and read because I was going to do
it anyway and submit it to the record.
Mr. Wallard: Thank you. "To Mayor Ferre And City Commissioners, I regret
exceedingly not being able to attend the public hearing on Thursday
January 22nd, regarding the future use of the FEC property, As a member
of the Made County Council of arts and Sciences, And Chairman of its
Performing Arts District Committee, I respectfully request that said
property be earmarked and preserved for such purpose. With the approved
Noguchi Park plan in the south, and the Performing Arts Center to the north,
we will be attracting, preserving and making the park an attract€ve area
for all of our people now, and for the futura." Mr, Mayor, V II just
make a few more comments and then I'll get off the podium, I serve, in
addition to the role ... my rQI0 as Chairman of the Dade County Council
Of Arts and Sciences, as Chairman of the Economic Development Action
Committee of the Chamber, I also work for a local bank, The range of
MY interest is sm411 compared to the range of interest represented by
most of the people on the Dade County Council of Arts and Sciences, It's
not a elope little group whose interest to art and culture merely for
the sake Pf those two ideals, WE r#cP&nlge fully t#at a
has CQ he usedand dexe e € for the m fuupublic resource
€ e of all the p€op e,
JAN 19 1
i
Mr: Wallard (continued) : But we behove very &,ply that Miami in its
emerging tole as an international city r1i first rank, and you and
Commissioner hacasa were can a ttade mission recently when we all got
further evidence of the tremendous speed with we are reaching that first
rank in the world, indeed, we feel very strongly that as a center piece,
or a touch stoner or a signature, if you will, for this City that a
performing arts theater located in the dowrtown area, and in deed, on that
magnificent Biscayne Bay, will be an asset that will be beyond valie as
we go forward with the development of the City. Thank you, Mr. Mayor:
Mayor Ferrel All right, Mr Wallard, I'll tell you, because of the
similarity in some ways, I'm going to read into the record s-,mething else
that was sent to me by a Mr. George Gill. And he sends a copy of the
article in the Miami Herald by Julian H. Krieger which is entitled Dade's
seeds of culture crave fiscal nourishment, And Mr. Gill's comments are
as follows and I'm reading them into the record. The key word is district:
I immediately think of two performing arts centers which are viable,
profitable, generate and support many complimentary businesses and in many
ways improve the: area. These centers are the New York City Theater District,
and the London West End." And he underiiiies, Wand they were not tax payer
created nor tax payer supported." End of the underlining. "Performing
arts facilities can be efficient as parts of other types of buildings, as noted
above, in Nashville, and NewYorkCity theaters, etc," George Gill. I think
the point that Mr. Gill is making is that theater districts, performing
arts are not necessarily incompatible with commercial activities, and indeed,
in areas where they co -exist, that they feed on each other in a very
healthy way, namely the New York Theater District and the London West End,
and in Nashville, the James K. Polk State Office Building and the Tennessee
Performing Arts Center as a part of that. And I would just, even though
we're not at that stage but in reference to your statement and to this
statement by Mr. Gill, say that they are not incompatible.
"ir. Wallard: Thank you, sir. We have a brief paper which has been prepared
by our esteemed member George Wolski which essentially sets out the
council's position from a philosophic and indeed an economic standpoint, and
I'd like to 'leave copies of that with you if I might
Mayor kerre: Yes, sir. And I'll submit them into the record and ask
that the Clerk make copies available to all members of the Commission and
the administration. All right. Anybody wish to make a statement on the
Chamber group? Mr. Herman. Then I'll recognize you in a moment. Are
there any, other civic groups that wish to be heard today?
Mr. Robert Herman: Mayor Ferre, Commissioners, my name is Robert Herman.
I'm the general Manager of the Greater Mia;:ii Opura Association. I'd just
like to add briefly that I was present and active in the planning and
execution of Lincoln Center, New York which turned a 6 or 8 block area
that one wouldn't walk through at night for fear into a thriving' active,
high class, valuable "area. It's now full of shops, theaters, open plazas,
parks and theaters and that is one of the central factors in New York
City 's existence now. Tourists come from all. over the world. Its made
that City in that part of the city safe, its made it rewarding commercially,
and it has made it rewarding artistically. Because when the arts are
clustered together in a smaller area, the success of one raises the level
of -the others. It raises the consciousness of the entire couxunity to
what the arts have to offer. And I strongly support the position of the
Dade County Council. I believe that a Performing Arts Center could only
help make this a new world center of the arts,
Mayor Ferre; Thank you. Are there any other civic organizations?
Do you represent a civic organization.
UNIDgNTIFI>~D SPF ER Chamer of Commerce. Mtaml-Aade Chamber,
Mr. Al Ferguson; Mr. Mayor and Commissioners, I have to apologize for
Mr, George Green who Was to make a presentation before you on this matter.
Since he had tQ leave. he asked me to present his position and the position
of the Miami- Dade Cha;nber of Commerce relative to this matter. I'm Al
Ferguson, the Executive 'Vice Frooideat of the MJ4mjWDade Cha"her of Commerce,
,; I, ,,,,C;!
Mt. #dtgugoft (dofitifiUdd)! And the Mialhi-Dade k"hambet of Cothtetdd and its
bdatd has teVieVdd the issue quite thoroughly and f-ela that it vould be in
the best itete§t of the City And the Cofthig5ift6ts and the Mimblzbade
Chafnbet of Wftetde to accept the proposal as presented by the Florida
East Coast Railway, ljdlbcatihgi of tbuttto the c6ndofnihiuf6§ As proposed
to the northern end of the park area thus maintaining the integrity of the
park, And should the Comigtioti decide to follow or adopt this particular
proposal then the Miami -Dade Chamber of ComMetce recommends the following
items for consideration! Number onei the downtown and Bayftont developtfiettq
take into consideration and make adequate provision fur the needs nad
donceina of black residents in the Ovettown area, Specifically such needs
include housings empl6yfnento business opportunities, public services and
facilities. Number two, taxes generated by new luxury developments 'Which
capitalize on bayfront locations be used to finance the revitalization of
Overtwon in residential and commercial redevelopment ptojectso public
,facilities and services, The Chamber supports the establishment of a housing
and redevelopment fund for the City similar to the proposal submitted by
Martin Fine where bayfront development would be used to finance the
redevelopment of nearby blighted slum areas. Number three, a more positive
serious and substantive commitment be given by the city Commission and City
agencies to address similar redevelopment problems in the northwest area,
Liberty City. Specifically, more and better public safety services, police
and fire, more aggressive code enforcement in commercial and residential
districts and neighborhoodst more and better sanitation and trash removal
services, improvement of major and minor streets and drainage facilities,
signals and signs, improved coordination of city planning and economic
development agencies, with the chamber and related non-profit community
based development groups. And establish a community redevelopment district
in Liberty City similar to that for downtown and provide special levies
or assessments and other non-profit tax revenues of the City. Mr. Mayor,
we have made a copy of this available to your staff for entering into the
record.
Mayor Ferre: Thank you, Mr. Ferguson for you statement. And I would
request that the ... sir, I will recognize you. You will not be forgotten.
To have the City Clerk's Office to distribute copies of Mr. Ferguson's and
Mr. Green's statement into the record. Now, Mr. Luis Sabines was here for
about 2 or 3 hours and I... is he still here or is there anybody here
representing CAMACOL which is the Latin Chamber of Commerce? Mr. Sabines?
If not, Mr. Sabines asked me if he were not here, because he had to go
to another appointment to put into the record that the Latin Chamber of
Commerce, similar to the statment just made by Mr. Ferguson, supports the
proposal as outlined by the FEC offer. Now, are there any other chambers
of commerce or civic organizations? You represent a civic organization?
This gentleman first and then Mr. Calleia.
Mr. George Gill; I represent the Florida Motion Picture and Television
Association. My name is George Gill and I am from North Miami, Florida.
Mayor Ferre: Mr. Gill, I apologize. I read that statement of yours into
the record thinking your were not here. Go ahead,
Mr. Gill: You did a much better job on it than I could have done. I thank
you very, very much. The Florida Motion Picture and Television Association
endorses this concept of the performing arts district and ce4ter. Motion
pictures and television are important elements in these types of operations.
Everybody is very familiar with live from Lincoln Center and we understand
that motion picture and television facilities and considerations will be
a definite part of this. And by unanimous vote of our board of directors,
we endorse this entire concept. Thank you very much,
Mayor Ferro; All rtghtt F-milip Callej4,
Kr, gmilip Callpja; My name to Emilio Callejae Vio the Exocutivo Director
of the Downtown Miami Business Association, Very briefly, upon dio'cussion
of the issue, our board of directors Coulda't Como up with any consensus,
We have varying in eropto on the board that cannot ar-rivc P4any acneral
agreement on the project with so ICS41v or not duo to various questions
of &RsitY4 Ugality* fVAd§##tC, So we voted to table the issue,
tot
JAN
Mayot Ferree All tight, Is there another group of civic organizations,
the Chamber of Commence of any other?
Mr. Dan Paul: My name is Dan Paul and I'm speaking for the Greater Miami
Chamber of Commerce which has noted to oppose the project and recommend
to the City Commission that the FEC proposal be rejected
Mayor Ferre: All right, ate there any other statement, to be made into the
record? All right, Herb.
Mr. Herbert Simon: Itm Herbert Simon, President of the Miami Board of
Realtors, I think you know this lady next to me. Rose Gordon, who is
Chairman of our Legislative Committee, One of your former. colleagues.
Rose Gordon's Legislative Committee unanimously opposes the FEC proposal.
And just yesterday we had our monthly Board of Directors meeting and
they concur. They also unanimously object to the FEC proposal. Since
our meeting was just yesterday, we will come up with Lill of our reasons
in a properly prepared resolution but we didn't have time to do it`today:
I was going to make a hasty proposal but since we will have a continuation
of the public hearing and a vote at a future day...has a date for that been
set Mr. Mayor?
Mayor Terre: If Father Gibson is out of the hospital and able to be at
the February llth meeting, I would hope that it would be then. If not,
whenever Father Gibson is available, we can have 5 members of the Commission.
Mr. Simon: Thank you. We'd like to present a well thought out reasoning
at that time.
Mayor Ferre: I'll recognize you at that time.
Mr. Simon Thank you. We were fortunate enough to have the Manager come
up and speak to us on the proposal. We've also heard attornies on both
sides. We think it was well thought out but we would like to have a
resolution properly prepared. Rose, do you want to add anything.
Mrs. Gordon: Simply that we will also have some recommendations on possibly
the procedures that should be taken as to find suitable uses for the
property after it's acquired in its entirety by the City,
Mayor Ferre: All right, further statements from civic organizations or
interest groups'of -any kind? If not, now we get to the individuals. Who
would like to be recognized on this issue frc,m the members of the general
public. Is there anybody here wish to be heard from the members of the
general public? All right, Mr. Reed and then Mr. Paul.
Mr'. George Reed: It probably doesn't take very much to understand where
I'm coming from because this is a parallel that happened in this
community back in 1969 when I was president of the Florida South Chapter
of the American Institute of Architects. The Mayor then, Robert King High,
also wished to put a large building in Bayfront Park,
(INAUDIBLE BACKGROUND COMMENT NOT PLACED INTO THE PUBLIC RECORD)
Mr. geed: 59? 69, And at that time, the citizens..,
Mayor Ferre; 1969 Steve Clark was the Mayor.
Mr. Reed ...,spent the best part of the year in denying; that point of
view. I think all of us understand that public, open, green spaces, parks,
our land is never redeemed again on behalf of the community once it's
used, We are seeing this very moment an untimely building that was
built at the entranCC of Dodge Island Port, that is the City of Miami
and torlu, Being soli-citPd by the powntown Development Authority for
professional interest to rebuild it, to redesign, to reuse It in some
way, Tbe'bulldins should never ;h give been there to begin with, And we now
see Its life ended, Its function disappaari.ng, lts ability to beviable In the soTognity and wore' not et �ansid+s ing taking it away
and removing it, When the Parks were voted for for 'people. there was
*; ;
ist N ' � � �`
Mr, steed (continued)! a sttong feeling ifi the community that we Wete
contributing money far the putpose of green space► I think the statements
Of compromise are not in ordet in this patticular meeting, We should not
compromise With Mt, Ball who had 4 yeats to propose advantages to out
cot:imunity and was not able to do so. We find outselves facing the same
_ problems over acid over and I suggest that the only leadership that we have
in the community that is in favor of this is Mr. Ball, Mr. Gould and Mt.
Fetre, I -think that's not a true way to proceed and I think that you're
beginning to feel that the cOi[lfi►unity is against it. I certainly ami for one,
And I'think it's a mistake.
Mayor Perre: Thank you, Mr. steed, Mr. Paul,
Mr. Dan Paul: Mr. Mayor, members of the Commission, I spoke at the last
hearing that you had on this matter and I don't want to repeat myself.
There are only two points I want to call to your attention that I don't
think came up at the time of the last hearing. We talked at some length
about the integrity of the City but I don't think that anybody mentioned
at the last meeting something that I'm sure most of you will recall at.the
time that the $39,000,000 parks for people bond issue took place, and that
is that there was a large billboard erected on this park land property.
At that time, it was occupied by Seaport proposals. The message on that
billboard to the public in the City of Miami said, if you vote for the -
$39,000,000 Parks for People Bond Issue, this land will be public park. I
don't know how you could have made any clearer or stronger commitment than
by placing a sign on this particular piece of property. And I urge you
strongly to live up to that commitment. Secondly, in reference to the
position of the Downtown Development Authority, or any other group that
may be interested in putting condominiums in Bayfront Park, I want to call
your attention to the fact that if you wanted to lease out development
rights on public land that you have competitive bidding statutes that have
to be complied with. And there is no reason that the FEC proposal
ought to be accepted. It should be the sense of the Commission that you want
to put condominiums in Bayfront Park, and I think that would be a serious
mistake, then you ought to solicit and request public bidding on this
particular project. There is no reason to do a sweetheart deal in this
particular situation. And I strongly urge you for the reasons which were
set forth in some detail last time. Your moral commitment, and legal
commitment to the public and to the bond holders who purchased these
bonds, and to the public that have to pay them off that, this bond issue
was being sold for public land. You've been advised by your special
_ counsel that in his opinion the funds which you hold, the $18,000,000 have
been earmarked for this purpose and it may not legally be used. You
already have the title to this property. Np:,• the title is in the City and
you cannot lease it out to the FEC for condominium proposals. And thirdly,
for the reasons which were detailed last time, it's a lousy business
deal. It's totally one sided from the City's point of view. Thank you.
Mayor Ferre: All right, any further statements into the record? If not...
yes, sir, Mr. Brigham.
Mr, Toby Brigham: It's almost automatic now that I respond when Mr. Paul
speaks. But'I would like to speak at this meeting and say that the thought
by,those who insist that in order for you to keep your integrity you have
to proceed because someone put a billboard sign on the property that you
must proceed through jury trial and obtain a final judgement on a
condemnation proceeding to take the FF-C property by which action the
property would forever be off the tax rolls and devoted simply tothe
extension of bicentennial. Park type of use. I take issue with. They would
narrow your judgment of what is best for the City of Miami to acceptance
of this result regardless of the consequences, and regardless of the
opportunities it makes available for the City. Most... it has been
suggested that the community rejects the proposal, There has been other
billboard signs in this community and that is we need your view, we're
funnins-for this office. You said you were going to promote the best
interact of the ,City and that really is what is at issue hors. is there
e More resourceful and creative way that will accomplish greater things
for the City of Miami than that narrow result which is insistent japan by
Mr. Paul, There are groups in this cpupunity that think the be�tet view
Mt, Rrighatt (cotititiued) t of ititegtity would be to introduce a residential
tieighbothood i#ito hayfrotit Park where there is a large amount of area, The
Atherican Institute of Atthitects, if you tecall, suggested that that would
he desireable and hake this park liveable and useable afid safe. The Miatai
Dade Chatnbet you have heard ftofi who are leaders of this cott>%Uhity, and
they feel that the inttoductioti of a tesidential tieighbbrhood, and the
acceptance of the PEC propasal would accomplish the fulfillment of d6=ittkents
that are made to their c6ft&unitie6, and our cotimunity, The Downtown
Merchants Association have no consensus, The Latin Chamber of CoWetce,
CAMACOL, says that this proposal would advance dowittowq. Those of you
who want a Perfoniing Arts Center should remetabet that this proposition
includes a $2,500,000 million cash donation for civic improvement purposes.
It Should remember alto, that the $15,000,000 a year to county and city
tax payments that would be available from this property in todaya dollars
is available for other community purposes. The referendum which occurred
in 1971 was under the Circumstances then. To knowforsure what the people ,
might think, a referendum under todays circumstances would be available, but
I think you've taken one. The Miami Herald suggested that the public
jam pack this chamber with people to express themselves on this and we
continually hear from Mr. Paul but I don't see others. That is a
referendum. These groups that have expressed their views, that is a
referendum and I think a majority of them favor the concept of the FEC
proposal, To suggest that it is a sweetheart deal I think is not
accurate when the benefits are obviously to the City of Miami so much greater
for now and the future, and is advancing Miami in becoming an international,
a'major international city than any other course that might be taken here.
Why not allow there to be sweethearts in this thing. The FEC and the
City of Miami have fought for so long it is time to do something creative
and resourceful here. And we urge that it be done. If the property,
32 acres of bayfront property belong to the Florida East Coast Railroad,
any value they receive from it, however it is received, comes from the fact
that they own it. A settlement, if it does not go through, will lose the
opportunity for the City on other property that it insists being taken from
the FEC Railroad to accomplish the sports arena and exhibition hall. And
I think that Mr. Kenzie, Director of the Downtown Development Authority, was
quite correct that if this matter is not settled within the concept of
the proposal of the FEC, that public facility, that great advance for
downtown Miami will, as a practical and legal matter, be lost. There is
a time in which to acheive the settlement. It is now, and we urge your
favorable action along the lines of the FEC proposal. Thank you.
Mayor Ferre: All right, any further statements into the public record?
UNIDENTIFIED SPEAKER: Yes, sir, I have a statement.
Mayor Ferre: All right.
Mrs. Mabel Miller: I'm Mabel Miller, 210 Seaview Drive, Key Biscayne. I
concur with Dan Paul about this and I want to compliment you, Mr. Plummer,
and you, Mayor. In very recent years you were real sweethearts when you
made a determination about the public lands on Virginia Key.I'm referring
to the fact that you very wisely chose not to allow a private enterprise,
the Goodyear Tire and Rubber Company, to build a 9 story hanger on public
land and destroy a very important natural resource there, the mangrove
forest, I hope you'll consider that this is an analogy to what you're
faced with now. Thank you.
Mayor Ferre; Thank you very much. Are there any other statements? if not,
thank you ladies and gentlemen and we will continue this public hearing
when Father Gibson is able to hear the tapes and is able to be with us.
toy JAN 2 2 1081
CLOSE CERTAIu ST2CO E;TS: COCONUT GROVE ART FESTIVAL DISCUSS161i
l s Off' DATE OF FESTIVAL ME TO PkOttt'RS &4COCWTEktb t� R vt6kISTS 0iI
VALEi�TTIivES DOFERft1AP.y 14
7
e
Mayor Ferro,. Item 29. All right, and I understand this is a Lion-conttoversial
item; 29 for the closing of certain streets for the Coconut ,Grove 'Art Festival.
Mr. Plummer: Move it
Mr Lacasa: Second.
Mayor Ferret It's been moved by Plummer and seconded by Lacasa.Is there
further' discussion on the resolution that is before us on item 29. Further
discussion? Any objectors? Comments from members of the Commission? If not,
call the roll, please.
The following resolution was introduced by Commissioner Plummer , who
moved its adoption:
RESOLUTION NO. 81-50
A RESOLUTION IN CONNECTION WITH THE COCONUT GROVE
ARTS FESTIVAL, ON FEBRUARY 130 14, AND 15, 19810
CLOSING CERTAIN STREETS TO THROUGH TRAFFIC ON SAID
DATES DURING SPECIFIED HOURS AND ESTABLISHING A
PEDESTRIAN MALL; SAID STREET CLOSING SUBJECT TO
ISSUANCE OF PERMITS BY THE POLICE AND FIRE DEPARTMENTS;
WAIVING ONE-HALF OF THE RENTAL FEE AND GRANTING
PERMISSION FOR THE USE OF PEACOCK PARK SUBJECT TO
PAYMENT BY COCONUT GROVE ASSOCIATION, INC. OF ALL
RELATED COSTS; ALLOCATING` MONIES FROM SPECIAL
PROGRAMS AND ACCOUNTS QUALITY OF LIFE PROGRAM
FEE WAIVER; PROVIDING THE SERVICES OF 3 REGULAR
POLICE OFFICERS, WITH THE ASSOCIATION TO PAY FOR
16 OFF -DUTY POLICE OFFICERS AND 2 SERGEANTS AND 1
LIEUTENANT; PROVIDING THAT THE COCONUT GROVE
EXHIBITION CENTER PARKING LOT AND THE CITY EMPLOYEE
PARKING LOT BE MADE AVAILABLE ON SAfURDAY AND SUNDAY;
PROVIDING THE USE OF 23 DUMPSTERS AND 50 TOTE BARRELS
TO BE SERVICED DAILY, INCLUDING SUNDAY, SUBJECT TO
PAYMENT OF CLEANUP COSTS BY COCONUT GROVE ASSOCIATION,
INC. ALLOCATING $1,000 FROM SPECIAL; PROGRAMS AND
ACCOUNTS - QUALITY OF LIFE PROGRAM - FOR THE PURCHASE
OF TWO AWARD WINNING WORKS OF ART INCLUDING ONE BY A
FLORIDA ARTIST; AND ESTABLISHING THE AREA PROHIBITED
TO RETAIL PEDDLERS DURING THE FESTIVAL PERIOD
J (Here follows body of resolution, emitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Lacasa, the resolution was
passed and adopted by the following vote;
AYES; Commissioner J. L, Plummer, Jr.
Commissioner Joe-Carollo
Commissioner Armando Lacasa
.Mayor Maurice A, Ferro
NOES; Nene
A-M-NT Vico-Mayor (Rev.) Theedore R. Gibson
M
i�
i JANUARY ZZ, 1.901
i
FOLLOWING ROLL CALL:
Mayor Ferrel I'm sorry. That's why I asked if there's anybody that
wishes...
UNIDENTIFIED SPEAKER: That's all. rights Mayor. This is my first
Commission,
(AT T1418 POINT, THE CITY COMMISSION WITHHOLDS THE PREVIOUSLY TAKEN 'VOTE
SO THAT MS. RIPPLE CAN PLACE HERE STATEMENT INTO THE PUBLIC RECORD)
Mayor Ferret Let the record reflect that the vote has not been taken and
I Will hold up the taking of the vote until somebody...
Mr. Plummer: Are you for or against?
UNIDENTIFIED SPEAKER: Is Ms. Holzhauser here? Is she going to speak?
She is the one...
Mayor Ferret Is Joanne flolzhauser here. Anybody here from the Coconut
Grove Arts Festival?
Mr. Plummer: Once again, are you for or against?
UNIDENTIFIED SPEAKER: I'm for the Arts Festival. I have one statement
to make to the Commission.
Mr. Plummer: Excuse me. We are considering item 29.
UNIDENTIFIED SPEAKER: Yes, that's my issue here.
Mr. Plummer: Are you for or against?
UNIDENTIFIED SPEAKER: The art festival? I am for it.
Mr. Plummer: Item 29.
UNIDENTIFIED SPEAKER: Yes, I'm for it.
Mr. Plummer: there was no, need to stop the vote or take the vote away.
Mayor Ferrer Go ahead.
UNIDENTIFIED SPEAKER: If I may just have 2 minutes. Joanne was here for
the resolution. My name is Penny Ripple and I own the Coconut Grove Flower
Shop. And I am here representing myself and the other florist in Coconut
Grove who is unable to attend. We want to go on record to say that we
are in the process, sincere conversation with the Festival Association, not
about the location but about the dates. The dates of the festival this
year are on Valentine which creates a very special hardship on the florist
industry, and I'm glad to hear Mayor Ferre that you feel sympathetic
to the tax paying merchants because we too are going to literally...
Valentines Day is bigger than Christmas for a florist. It is the thing that
carry us through the summer. We began attempts with the association back
un March to have them take it off of Valentines Day. We have been unsuccessful,
We just want you to be aware that they're coning up for a blanket permit
for b of the next 9 years for Valentine Day Arts festivals. We merely
ask for A change of date. This is not the forum to discuss it but we want
to go on record with the Commission and plead that you 'cake no blanket
approval of Valentine Daly art festivals.
Mayor Ferro; I am with you 100%.
Ms. Ripple; About 5 years ago this was brought up before the Commission and
there was a promise made that no art fesitvsl dates would be approved without
the Chamber of the Commerce.
yor Ferro; I'll, tell you; llm just amazed. I'm sorry Joanne bolahauser
is not hire, 1r she hero
AN�._�
4 0
Mt, r6gmdeht Mt. Mayor, this is a 1 year pef`lt+
Ms, Ripple: yeso it is, But the future is 60 9 years.
�iaydr Ferte I'll tell yout Joanne, this is just one person speaking. I
at► strongly opposed to any art festival being held on a day such as
Valentine Day that would really impair on the commercial function of the
Grove. I mean, we can chose any week end. It doesn't really much Chatter
which weekend We do it in February. Why hurt the therchants.a.
(INAUbIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD)
Mayor Ferre: Yes, I sure dos You certainly may.
Ms. Joanne Holzhauser: I1tt Joanne holthauser. I live at 4230 Ingram
Highway. I'm here as director of the Coconut Grove Arts festival. At
9:00 o'clock in the morning after the last arts festival, Ms. Ripple called me
and I said to her then what I have said consistently to her, to her attorney,
and to everyone else since then. And I will. say it again. There is a very
good reason, or rather there ate,a number of very good reasons why the date
has been chosen. It is not an arbitrary date. It is a date that is chosen
because for our purposes, that is to say, for the Coconut Grove Association
and for the .Art Festival are the best dates to hold a festival.
Mayor Ferre: Why?
Ms. Holzhausert Because you have a time lag after Christmas, which is the
best selling period for artists, you have a time lag in which artists and
crafts people are working. You also have a time lag because people don't
have as much money to spend in January.
Mayor Ferre: You haven't answered my question. w'hy, what's the difference
between February 14th and February 22nd2
Ms. Holzhauser: I'm trying to answer you, Mr. Mayor, and there are so
many complex reasons that I can't give you in one word, as I'm saying. So
we chose the time in one instance that is best for the artists and crafts
people who are selling, and best for the public who are there to buy. We
also chose -a time that as nearly as possible fits in with peoples travel
convenience. This happens to be a good time. 2 years ago we were faced
with the fact of choosing an on -going date 'because arts festivals are
big business in this country today. And we are one of the 4 top art
- festivals in the United States of America. And if it sounds like pride,
as you all know, I didn't build the art festival myself. I'm a late comer
as director. But since this is one of the cop art festivals,, there are
probably 3 to 4,000 other arts festivals in the United States who build
their dates around those of us who are considered the biggies. There are
numerous artfestivalshere in Dade County alone who have carefully built
their schedules around this. And most of us are forced into, for one
- reason or the other, long term dates, as any other business person would.
You all, for example, book Dinner Key Exhibition Hall now as far in advance
as you can because naturally, you want a good return, We have very sound
business reasons for doing this. I could do into others but these are
the largest ones. If we start abrit:arily changing the dates of our festival,
wewil.l upset the plans of hundreds of art festivals in Dade County and in
Florida and around that is a huge interlocking network of arts festivals
all over the United States who do indeed book not just the art festivals,
but our artists, if you will, travel to these. So they book their dates
according to where they can travel. I have offered to Mrs. Ripple on behalf
of the board, our board has _met and li.stened'to her, we have offered her
whatever cooperation we could, in my professional opinion, legitimately
offer her. The barricades are there for here to use if she wishes to do so,
The alley which she talks about being blockaded, is not, and I investigated
this thoroughly last: year, it is not being blockaded by festival people.
'therefore. we have one merchant, no one else on that private ally, .not
one has come, to us to complain, The Chatnbe_ofomnece has assured us
that they want us in the Grove, 'We have done everything we can, I even,
for her sake, told her that she ran have what only food groups have,
a 5 foot opening so that people can W41k up to the front of her shop, l
have consulted With people both here and In New Fork Who tell me.,3one
n154
JAN
Mt§, 1461tthauser (rontit ued) : ftiend of vine in Net4 York who is a public
relations than says Jody, if l could guarantee any clie►t ^f thine 4S01000
people walking past his shop in 3 dayst lid be a rich man. Now 1 cafl only
say to you that we have offeted evetythitg to Ctrs. stipple. And 'When I said
to here is there anything that we can offer within reason, acid she says t1di
want you to chah9d the date of the festival. Mrs. Ripple is the only
person in all of Coconut Grove who has asked tit to change the date of the
festival. Fveryoite else tells us that they are happy with it, they want
to work with us. Spender Meredith called and called please don't change
the location, He Chet with us, he has done what he can. .TOFF Avalos told
the just 2 days ago, that he is counting on the festival and the good will
to bring customers back, And he says# Jody, 1 don't do any busin_ss those
3 days but they come back. I Can tell you Herman and Evelyn Rubin at
Nostalgia don't even open their 'shop but Herman says I wouldn't do anything
to hurt the merchants in the Ctove. All I can say is we don't ask any
money froth the merchants, we don't ask any honey really, basically from the
City. We're trying as a non-profit organization to spend our money to do
Something nice, 1 have spent hundreds of hours On this problem and I don't
know anything else to say.
Mayor Ferret All right, thank you very much, Ms. Holihauser,
I asked you a question and the question wag what's the difference between
February 14 and February 22nd. I don't want to paraphrase you but toy
understanding of it was One, you've got to get people past their Christmas
spending and we have to wait. That does not answer the difference beween
the 14th and the 22nd. They could wait until the 2nd...
Mrs. Holzhauser Because there are other festivals.
Mayor Ferre: ...let me finish. I didn't interrupt you. They can wait
as well to the 22nd as they can the 14th. Second answer to the question
was people have travel plans that would be disrupted. If we advertise
in 1981 that in 1982 we're going to hold it on the 22nd rather than the
14th, I'm sure people can adapt their travel plans to one week earlier or...
Ms. Holzhauser: May I tell you our biggest competitor for that?
Mayor Ferre: I'll recognize you after I finish, Joanne. I did not
interrupt you. The third area that you got into is that there are 3
to 4,000 arts festivals that are built around the biggie dates, I think were
the words you used, and that this would upset the inter -locking network
in Florida of several hundred art festivals. Well, if we are one of the
biggies, and I assume that we are one of the biggies,'then I'm sure that
the others would adapt to whatever dates we would establish. The bottom line
as I see it is this: I don't know whether Mrs. Ripple just represents herself.
I've never met you in my life, at least I don't think I've ever met you, and
I've never been in your store, and I don't know anything about your business,
and I'don't know whether you represent one person or a dozen. Now, these
people are tax payers. They are the life blood of a community from the
commercial sense. The homeowners also pay taxes, I think we have to
weigh the community; good with the individual situation that confronts us.
We have here the community good. The community good is an ark festival
which is very successful which I am totally supportive of. We have an
individual who is a tax payer who says we're doing harm to her business.
-
And,1 know that obviously Valentines Day is probably the most impertant day
for a florist. l mean, you don't have to be any businesc $enius to figure
that one out. Now, if we're doing harm,I ask ... my position is that frankly,
you have not given me any overriding answers in the 3 explanations that
you gave me as to wiry this should not be held on either February the 7th or
February the 22nd rather than February the 14th. And that's just one
mans position, Joanne,
Ms, Ripple; fir, Mayor, if I might respond, i do represent the other florist
in the Prove. There are only 2 of us And he was unable to be here, We
have met with "MP, Holt;hauser and I wouldn't want you to think that the
Chamber, , l Am on the board of dirsetors of the Chamn gr, and the Chamber ie
in sPppert-9f my efforts,
yPr Ferree Well l haven't satin that,
Pst JAN 2 2 1981
Ms. Ripple: The tespdtise by the Association t out teque�:t fot It change
of datea was to mode the Feativdl to the park wbith dtitaged, of tbutae
the thdrehait eotmunityr t would also like to aays t
Mayor Ferret Ma'am, eiteuso iho, Ate you here reptsentit t, yourself or
the Charibar
Ms. Ripple,. Yea, sit myself.
Mayor ferret hoes the Chamber of Cmfiimerce has a posLioi of this?
Ms. Ripple: Yes, the Chamber is in support of me. Spen' r Meredith and
myself met with Ms, H612hauser
Mayor Ferret Where is the resolution] where is the letter from Spencet
Meredith?
Ms. Ripple: I will be glad to get you one. The issue 1`1 trying to point
out here is I am more than willing to enjoy the festival. 1 love it
muself. Last year when I started the battle everybody w sited to not have
a festival,1 said, no 1 enjoy the festival and if it w're any other, and
1 reiterate, any other day of the year including Mothers :gay or Easter, I
would enjoy the festival. Valentine exceeds Christmas ii, our'Bales...
Mayor Terre: I understand. You made that statement. T:r. Sorg, you wanted
to say something and then we've got to move along.
Mr. Stuart Sorg; Stuart Sorg, President of the Coconut -rove bevelopment
Authority.' And I was president of the Chamber of Commei a last year. Just
briefly, this came up before the Chamber of Commerce last year on a very
serious discussion. I wrote a letter to Mr. Tom Adams w;io at that time
was the president of the association who ran the arts ft,tival. He
assured me he would work to change the dates so it woulcs not fall again
on Valentines Day. I have that letter if you need it.
Mrs. Ripple: He has resigned from the association and 1;s.liolahauser is
the ultimate authority there.
Mayor Ferret I would like to have a copy of that. I d not want to get
into -a contest now as to whether Tom Adams or Joanne...tiiat's not within our
purview. I would like a copy of the letter since it is a historical fact
as to when he was the chairman or whatever, and I would like a copy to
members of the Commission and myself, of the Chamber of i,ommerce's`postion,
_ Coconut Grove. I think that has nothing to do with the resolution before
us, but I certainly will make a resolution aiLer if nob,°iy else offers
the motion that the Commission go on record for not tying itself for the
years 82-82,84,85, and 86 to February 14th and leave the date open for
discussion. Okay?
Ms. nipple: Thank you very much.
Mr. Carollo; I would move on that motion. I think it's only fair and dust
that we do that.
Mayor Ferret Joe, we have a motion now that has nothing to do with that
which, you were calling the roll on, and I don't think F ybody has any
objections to that, including you, So let's conclude Lhat then I'll
recognize you for the other motion,
(AT THIS POINT, THE CITY COMMISSION RECALLS THE VOTE ON THIS IT . I ICH
WAS PASSED WITH FATHER GIBSON BEING ABSENT)
Mayor Ferret Mr. Carollo for the purposes of tasking a motion.
Mr, Car-ollp; I mace the motion as stated before,
Mayer Ferrel IS there a second,
Mr, Plum1►e#'; (#nds
Mayor Ferret The ti6ti6h was that the ComMissioti go sn red6td that
the dates fot the following 5 years for the Arts Festival is open it
discussion and that there is sufficient concern about the probetis e
by February and that we with to discuss this further. It d6dtft't rE
tie us to anything but I thitk it implies that we're not, .we're cof
about the 1hpact on the coftmunity of celebrAting this on February 12
Further ... wag there a second on that motion? Mt.'Lacasa seconds.
Further discussion? Call the to1 .
The following :notion was introduced by Cothissionet Car.,llo, wt
moved its Adoption:
A MOTION OF THE CITY COMMISSION STIPULATING THEIR DESIRE `
THAT, IN CONNECTION WITH THE SPECIFIC DATE FOR THE HOLDING
OF THE COCONUT GROVE ARTS FESTIVAL, THE SUBJECT OF THE
SELECTED DATE FOR SUCH FESTIVA1 DURING THE YEARS OF
1982 THROUGH AND INCLUDING 1986, SHALL BE DISCUSSED AT A
FUTURE MEETING DUE TO THE CONCERNS EXPRESSED DISCLOSING
PROBLEMS CREATED BY THE MOLDING OS SUCH FESTIVAL ON
FEBRUARY 14TH.
Upon being seconded by Commissioner Plummer, the motion was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Joe Carollo
Commissioner Armando Lacasa
Mayor Maurice A. Ferre
NOES: None
ABSENT Vice -Mayor (Rev.) Theodore R. Gibson
FOLLOWING ROLL CALL:
Mayor Ferre: Joanne, anything else?
Ms. Holzhauser: You said I would have a chance to speak.
Mayor Ferre: You can speak anytime you want. Go ahead.
Ms. Holzhauser: The Baltimore Winter Market falls on the weekend after
Valentines Day. A number, of our crafts people would be there...
Mayor Ferre: We have not take a final decision. All we're saying is that
we want to open it up for discussion.
Ms. Holzhauser: Well I would like a chance at some point to address the
inaccuracies that have been ... become a part of the public record today. When
may I do so, and how?
Mayor Ferre; The motion that Commissioner Carollo made and seconded and
voted unanimously here, did not come to any final conclusion, It said that
the Commission has sufficient concern that it wishes to pursue this further.
And than means that the Chamber of Commerce should be involved, that your
group and different associations, l would imagine that the Manager would
have A meeting of all the different parties affected, and that this will be
a scheduled item in the future since we now have a year and one month
before 82.
Holzhauser; l understand, i�r, Mayor. All I'm anxious is that people
don't Look at me as some 'ogre . and the Pr000 will print this and peppy
are here in the Chamber, And for gap thing the Chamber Of Cemeree
did aaaure me that they were euppprting our poettton. lt'a just the
inaccwcivp that l want to :put On record there are come, Thank you,
LoJ'!
MAyot f'ettet Jbahtiei you hAve beep ibvovied iti public life for a ioiig
time. VOVe had sofne agrees etits, we've had some disagreefnef tsa Acid the fact
is that t thi lk youlve seem that oti this Comissioti j i edh O t thitiik of a one
that evet was teary very c6fidertied about what the newspapets think or don't
thitik► And we vote oti issues because we time strong feelings for or agaifist
thingg not beeasue of what newspaper reporters say or doftit say ih their
i:e�orts t
09
BAN
18, PUBLIC REA NO! 7'f'Ei ytAk COMMI11 btVttOPA T PROORMI
Mayor Verre: We are on Item 0 which is a 4 O'clock public hearing on the
yth year community programo CD.
Mr. Vbtffibeftto Mr. Mayors this is the first of two public hearings that the
Commission will hold. The second is scheduled for February 11th. This is the
result of some four months of planning with the Community Development Organizations
and this is to obtain... to review for the City Commission our recommendations
and to Obtain input from the citizens in the Community. We are locked into
by federal mandate this kind of a time frame because there are review periods
by Jacksonville and so forth, but this is the first of two public hearings you
will have. And Ms. Spillman will review the program.
Mayor Ferret Ok, Ms, Spillman?
Ms. Spillman! Mr. Mayor and Commissioners, as you may recall three years ago
you approved a three year plan for community development. This is the third
and last year of that three year plan and the seventh year of the program.
Funds under this program will be received by the City in June of this year:
As Mr. Fosmoen said we have several federal reviews we have to go through and
that's why we have to have this hearing this early. In your package that you
have before you, you have the staff recommendations on the white pages along
with the community recommendations and they differ in some cases as well as
status reports on all the CD projects which can be found on the green pages.
The most important thing to note this year is that Congress has cut HUD's
allocation of funds and as a result the Community Development Block Grant
Program will be cut this year from the amount which we had anticipated which
was eleven million three hundred seventy-six thousand dollars to approximately
ten million eight hundred seven thousand dollars. As a result we have had to
cut several programs.
Mayor Ferre: How much? I didn't hear the figure. I'm sorry.
Ms. Spillman: We haven't gotten the final figure. We will let you know when
we do. We think it's been cut by five percent. We followed the same criteria
that we had in previous years on funding our projects. There are two issues
that I think you should be aware of. We... all social service agencies were
restricted to a five percent increase...
Mayor Ferre: Dena, there is a major... I know you are concerned and I know how
people get distressed when they don't think that anybody is listening, but Plummer
is back there and I'm here and Lacasa is listening when he can, so he has got a
long distance call so you proceed. Go ahead.
Ms. Spillman: Every social services agency was given a five percent increase
as you approved last year in the program and we didn't not accept any new social
service proposes for funding. I might remind you that the Community Development
Program is basically a physical development program for community redevelopment
and housing and we have to be careful of the number of social service programs
we fund because they have to support physical development activities. Finally,
we dfd not consider any new community based organizations for funding because
as you well know we already have several operating and we do not think it's
appropriate to fund additional community based organizations at this time. We
have the representatives of the target areas here and I think it's appropriate
that they,., they Chairman be allowed to speak.
Mayor Terre, Alright, we have a list of Chairpersons... and Dena, I might
correct about your...
Ms. Spillman; I don't believe in that word,
X4ypr Ferre; Ok. Theo., lire..: the first ons here on the Ifat is OYerCpwn,
Mrs William :lphneQn, the ChAitperson ipf the Qvertpwn Q. Mr. Jchnspn?
1
JAN 15
Mr. Willis► ,ohttson: Mt. Mayor and Co►issionei's, at our last regularly schedtecf
fiieetiitg of the Dvert6wft Advisory Council we met and after deliberation we
Vhdeheattedly ondotsed the' reedtoendations of the seventh year plant
Mayor Petro: Thant your sir. Mt. Johnson, Mt. Evatista Maritsa, the Chaitper§6ft
of the Little pavans CD.
Mr. Dvaristo Marinas Mr. Mayot and Commissioners, you are lucky today because
t cannot talk to much. t strongly believe that although it's recommended that
fide petcent increase for all the public service programa we think that in
Little Mavana 'we need a ten percent increase for all these programs because
of the inflation, because of the problems that we have in out area,
Mayor Ferre: Altightj Mr. Marina; let me ask you a question. Was that
conclusion reviewed b the neighborhood,
y g , Did you call a meeting for this
purpose?
Mr. Marina: Yes, sir.
Mayor Ferre: Fine.
Mr, Marina: This is a result of our last meeting.,
Mayor Ferrer I see.
Mr. Marina: ..t in the Little Havana Community Center. After listening
to all people who represent the different programs and besides that we were
listening to all the neighbors that would come to the meeting.
Mayor Ferre: Ok. And at that... Dena, that meeting was a duly constituted
meeting?
tis. Spillman: Yes.
Mayor Ferre: Alright, now... and that was the conclusion of the CD meeting
that the five percent be increased to ten percent? Have we had any request
of this nature by any other CD group? Other than Little Havana?
Ms. Spillman: We have had.'.. yes, similar requests, but not from all the
target areas. Wynwood, as you recall last week asked for additional funds.
Mr. Mendez was here and..
Mayor Ferre: Yes, but that wasn't an increase from five to ten percent,
Ms. Spillman: No. And also Allapattah is requesting additional funds for
a social service agency,
Mayor Ferre; Has Allapattah formally voted on that?
Ms. Spillman: Yes, they have. They are asking for more than ten percent
though, I might add.
Mayor Ferre: I see. Alright, that's something then we will have to discuss
at that time. Now, there is a program and I don't know whether Alina is
still here or Miriam. General Marina, you may recall that you have been
talked to about a program in the Little Havana where there was some funds
requested. Are you aware of what I'm talking about?
Mr, Marina; No, what I referred is 9-1 Centro baser, you know, The job that
they are doing is, I think that with the expenses that we have because of the
Inflation,.,
Mayor Ferro; Nov I know about Centro Mater and I'm fully supportive of, I'm
talking about Aeeion, I think is the name,
Mr, Marina; Ac;cion?
mayor Form ies,
MrsMarina; I think that they really
Oat they t'+�eui�►�d� also with the au l- r of +servigo that
th,�y .are Win$ this year t#spy cannot afford it for nest year with the money
�.a
1 4 10
Mayor Vetre: Oki this is Accion, not Action. Accioft,
Mt, Marinm Accidm
Mayor Petro Ok,
Mr, piutmer: Ddn1 t worry about it, Mr. Mayor's Spanish is not that good,
Mayor Verret No, there are two groups,
Mr.Plummet: Action and Aeciotil
Mayor Ferre: Yes. And it's very confusing. There is Action, A=c-c and there
is Action, A-d-t,
Mr. Marina: You are right.
Mr. Plummer! Which one did we fund?
Mayor Ferre: Action is our group. It's a City group. Action with a "t".
Accion is this other group which however, does their work in the City of Miami
in Little Havana and is a very effective group.
Mr. Marina: Let me refer to one point in Accion. You know they have to
provide transportation and you know the cost of the gasoline now everybody
knows it's going up. So only from the point of the gasoline they have to
spend in the transportation...
Mayor Ferre: What's he talking about now. Is he talking about Action? The...
Mrs. Albo?
Mr. Blanco: Mr. Mayor,... excuse me, Mr. Mayor. Can I clarify a point?
Mayor Ferre: Alright, Mr. Blanco?
Mr. Blanco: He is talking about Little Havana and the Accion from Dade County.
under city-wide
r
e are not included under .Little Havana. They are included y
�y
program.
Mayor Ferre: I see. Is that right Dena, because I'm confused now.
Mr. Fosmoen: Let's see if we can start over again.
Mayor Ferre: Yes, I'm talking about not Blanco...
Ms. Spillman: He is talking about Blanco.
Mayor Ferre: He is talking about Blanco and I was asking about Accion which
Alina and... here we are. Ok, why don't you clarify this position because there
seems to be confusion.
Ms Miriam Canos: Hello Mr. Mayor and Commissioners, what do you want vie to
clarify?
Mayor Ferre; Well, there seems to be confusion between Action and Accion, so
why don't you state...
Ms. Canos; He knows that Accion to the social service agency that is located
on 1201 Southwest lot Street, that we requested a positions some monies
removed from Community Development for a positions for a social worker aide
at our center. We are not Action Transportation Program, We are Accion
Community Service Center, Are your aware of who we are?
Mr, Marina; Yes, but both programs belongs to the sane area.
Ms, Canon; 'fee, the same area, but they Are totally different things. One is
social service and the other one is transportation,
Mayor Ferre; MO your r@gvpot was 'what? Miriam why don't...
X§. Miriam; we r#gVe§t@dr..
row Ai
� AIL
Mayor Ferre: For the tecotd We ate talking.*, Mrs- Mirian Canon Would you
give us youtasi
Ms: Mitiati Cation: Yes, my nAthe is Miriam Canon, t'M the Chairperson for
Action Cott unity Center. I Caine to the Cotfiitission about two months ago to
request a position for a social worker 8erviee6t, for a social worker at the
Little HavanA area Action Cottftunity Center and We talked to Mr. Marina and
we requested to remove 36the money froth Cotritreunity Development in 'order to have
this position to pay for this Pierson.
Mt, Marina: I think that is included in the five percent inerease, fight?
Mayor Ferre Well, the question to you, sir is are you and therefore, the
Little Havana Cb area in support of that request?
Marina: _ Mr. Yes, we do.
Mayor Ferre: Ok, that's...
Mr. Lacasa: Let me ask a question. Mr. Mayor, those two positions that we
have been discussing that.., they have never been allocated to you?
Ms. Canos: No.
Mr. Lacasa: Ok, alright. They requested about quite a few _months ago two
positions from CETA Title VI. Now we know.
Ms. Spillman: They don't want CETA positions.
Mr. Lacasa: What?
Ms. Spillman: I offered to allocate CETA positions and they don't want them.
Mr. Lacasa: Why?
Mr. Fosmoen: They don't... you will have to ask her. They don't want CETA
positions.
Mr. Lacasa: You don't want the Title... let me say this because I have an
interest in this.
Mayor Ferre: Armando this is a very complicated situation...
Ms. Canos: Yes, that's a different story.
Mr. Lacasa: You don't want the two Title...
Ms. Canos: We want the two Title VI positions, of, course, we do. But those
are training positions. You know, those are trainee stuff. We wanted permanent
staff. That's what we need there.We discussed this before and that's the reason
we requested some money from Community Development for this position.
Mr. Fosmoen; Mr. Mayor, may I make two points?
Mayor Ferre: Ok, go ahead, Mr. Fosmoen.
Mr. Fosmoen; The first is that the request from Acci.on has not been taken to
the Community Development Board for deliberation. Secondly* Accion is a County
funded agency. They have made this same request to Dade County and have been
turned down,
Mayor Ferret Alright, look, Dick, here is the situation as I understood it, ok?
They came here and as I recalled Armando called Sergio Pereira or Tony ojeda,
I forget which, and asked Tony ojeda to help them, ok? That did net happen,
Am I relating this properly? For I"X"" number of reesons OUT Now, this operation
MAY be a County funded operation, but it serves residents of the City of Miami,
Now, they have socialWC►rker, f forgot the man:.tit"s a man as f recai1,
Ms, CanPa; A lady,
Mayor Ferre; A woman, Alright. Who hsa boon working vnjunt4rjly fQr the last,
how Many months, Mirsam? 1
JAIN
I
Ms: Cobs! Yeatg a Vesta
Mayor Fette: No, it hasn't beetl.s.
Ms, CAnds3 t4ell, the last silt fonths without pay.
Mayor Ferte: Without pay. Now, that person can no longer dodtiaue to do that,
flow, the CETA funds are available, but that Mould not cover that particular
persona fundti6n, When Miriam datie over to see 1 don't know who, i ended up
wotking into the meet tig or getting involved §Mehow and 1 listAned to this
pr6bleth and I said there is no other solution but for Us... I can't think of
any other solution but through CD funds to help you out, You Wanted as l
retail was it eighteen thousand? Twelve thousand?
Ms, Canos: No, twelve thousand.
Mayor Ferre: Twelve thousand. That's right. Now, 1 remember. Twelve thousands
So that's what we are talking about, Now, I therefore ask you to go through
the process of talking first to staff and secondly to the Chairperson and that's
as 1 understand why you are here. Ts that correct
MS, Canby: That's correct.
Mayor Ferre: Ok, now that clarifies how this came about.
Mr. Plummer: But let me understand. At no time was it ever offered to the
Board for consideration?
Mr. Fosmoen:- That's correct.
Mr. Lacasa: To what Board?
Mayor Ferre: To the CD Board.
Mr. Plummer: To the CD Board.
Mayor Ferrer Yes, and that's a proper request.
Mr. Lacasa: You mean to the Board Chaired by Mr. Marina?
Mr. Fosmoen: Yes.
Mr. Lacasa: But what is your position in relation to this?
Mayor Ferre Well, he is in favor of it. He has already said that, but he has...
Mr. Lacasa: Ok...
Mayor Ferre: Yes, but he can't speak. You know, remember now we have a system
now where he is the Chairperson, but he has got to consult with the dommunity
and therefore, for him to properlyrecommend that, it isn't that he is for it,
he has got to bring it up for discussion before the CD.
Mr. Plummer; Well, Mr. Mayor, in my way of thinking more so than just getting
the community approval because at the same time the community says they want
to grant her, if that is to be the case, twelve thousand, then I want .the Board
to tell me where they are going to cut twelve thousand of some where else.
Mayor Ferre; That's precisely the point.
Mr. Plummer; Well, that's got to be understood. Each target area has 'T'
number of dollars. And the only thing as far as I'm concerned is if we ar not
in Accord that you are going to juggle from one, but you axe guiug to juggle
within your own dollars, Not additional dollars.
Mr. Fpsmoon; There is another point that needs to be made also. I think that
we m$y be setting a very dangerous precodent..,
We Plummer; We do that every time we hear CD,
Mr. Fpomoen; ..t in beginning to .fend County agencieo. Now# the fact of the
01 i
r
thattet is €hes►,
Mayor vttte: We have done that before.
Mt, Vdgmdm Rio, we have spditt the last three years ttyih9 to get out of that
situation, The fast of the flatted` is that the County receives a Cofthu'hity
Do-velopment 916ck Otant and we are going to find ourselves begibhing to fund
agencies simply because they serve the City
Mayor Perre: hick, look* I undetstand your position and t commend you tot it,
You know, but somethings you and l agree and somethings we disagree, I happen
to think that in this particular instance and I would commend that each and
everyone of you go to the Little Havana Aceion, riot Att on, flow, this is not
tlanco's group. No relationship at all, But go to Action a.,d see how these
people serve this community and I would say to you that 1 don't know with all
due respects to everybody else of an agency that really does mote good for
the people of Little Havana than does this btgatiitation that Miriam Canos is
bete representing. I don't care if it's funded by the federal government, the
State of Florida) the State of Georgia, the Republican Party, I don't care who
funds theta. The fact is that they are functioning in a way that really deserves
recognition. I'm sorry that the County, and with all due respects, that Tony
Ojeda and Sergio Pereira were not able to solve the problem. We are talking
about twelve thousand dollars. 1 fully understand what the issue is and once
we go through the proper procedure.. 1 agree with Plummer. You have got to take
this to your people and that's got to be voted upon and you have got to code
back here and tell us what it is that you are going to drop twelve thousand
dollars. After that I got no problem.
Mr. Marinas Yes, that will be...
Mayor Ferrer Ok.
Mr. Marinat Ok, now the last thing is in reference to the ten percent increase.'
I would like to see if the Commission can do something about this. And besides
this I wanted to recognize also the Commission and the Mayor because of the
Jose Marti Park and the building of the pool that with the money that is being
allocated now I think that can have preference, because the community voted for
having the pool with preference, priority.`
Mayor Ferrel Mr. Marina, I think this Commission went on record following the
recommendation of the community and the pool, I think, is on it's way.
Mr. Marinas Alright, thank you, very much.
Mr. Lacasa: Are you through with your statement?
Mr. Marina: I beg your pardon.
Mr. Lacasa: Are you through ,with your statement? What I want to say is that
here in less than five minutes Mr. Marina has been able to convey to this City
Commission the Little Havana position in relation to CD and this is quite a
contrast with the situation that we had before. I want to commend Mr. Marina,
I think that we are very fortunate that we have you in Little Havana as Chairman
of the CD area because the difference when we have our professional people
working for the good of the community and when we have other type of individuals
it's quite obvious by this example here today,
Mayor Ferro; Alright, thank you, General Marina. I do have a question following
up Plummer's question and that is if this Commission were to agree with the
recommendation of the Little Havana CD area to increase from five to ten percent
how much would be involved in dollars'
Ms. Spillman; Approximately twenty-one thousand dollars,
Mr, Plummer; No, that's,,:. Qk. Now, let's answer the whole question. If Little
Havana is entitled to ten all the root are entitled to ten, what is the total
picture?
Ms, Spillman; I will hove 0,,, we will figure that out for you.
Mr, F,lumer4 Ok, boeausg onee yop Qpen the door, ect.. it's tmy underst+ ding.
Ws my understAndins that earh One was not asked, they wars told you Cannot
increase dote than fine and they operated under that ptetense. go I want
to tell you the one vote if the justffitAtion is theta Vth gong to be actors
the board up to fine petcent for each additional group on each additional
funding► 96 let's give►.i
Mayor perte: If they ask for it.
Mt. plundr: Mr. Mayor, 1 said I'th not going to give it Catte Blanche attoss
the board five to each one, but if they ask I will consider up to five thdre
because playing it fair,
Mr. Fosmoent Hp to five more?
Mr. plummert If we vote for one and Vit not saying that I'm going to.
Mayor Petro: I understand and I concur with that logic and let me put it to
you this way. Look, CD Community Development has a specific purpose. It is
to develop the community in physical plan, I understand that. However, Mr,
Fosmoen, Congress and the previous Administration when this was passed put in
a proviso that Certain percentages of that could be used for social programs.
Now, what was that percentage
Mr. Fosmoen: There is not a specified percentage, Mr. Mayor, in the Legislation.
There are some guidelines... what is it ten percent...
Mayor Ferro: Twenty percent.
Ms. Spillman: There is not specified percentage. The rule is that any social
service program which is approved by a local governing body must support and
must be directly related to a physical activity which is taking place under
Community Development in that particular target area.
Mayor Ferret Ok, I understand the restriction. Mrs. Spillman, is it not true
and certainly we went around talking about this in several campaigns that I
have been involved in where we said that the average in the United States is
twenty percent in these figures I got from the Administration and that we in
Miami were at five percent.
Ms. Spillman: This year we are at twelve and a half percent.
Mayor Ferre: This year we are at twelve and a half, but the average in
America, the United States of America in CD programs as I understood it, please
correct me if I have the wrong figure, was twenty percent.
Ms. Spillman: I think that was true about three years ago. We don't have any
updated figures on that.
Mayor Ferre: Ok, I assume... let me put it to you this way. I guarantee you
that if it was than way three years ago that the average in the United States
hasn't gone down with the kind of social pressures on and every urban in urban
America for additional social programs. Now, the fact is that we have done better
than the average in keeping the original intent which is to keep those monies
for the physical development and plan. Now, there are areas in this community
like Downtown for example, perhaps Coconut Grove that have a different vision,
you know. They think than their priorities are such. Now, thereareother
areas in which Allapattah may be one of that have a different vision. They
that rather than build curbs and jutters or an additional park or additional......
a ri.verwalk along the river in Downtown that they have things that they think
are :more important. Now, I think that the purpose of these Gp Committees is
precisely, to give us the input of each community. Each community has it's
opportunity to speak to the issue, We heard from Gvertown. I am thrilled and
I'm glad Plummer was the guy that started the applause, that Mr. William Johnson
WAS Able to in thirty seconds say there is peace and harmony in Avertown. We
are in agreement. What's super. Now, General Marina comes up and he has a
different story. Well, that's his right. Can we proceed now?
Mr. Plummer: Well, Mr, Mayor, how soon we forget, i thi.nk this Commission
needs to remember and i re+ell.y have some disagreement with you, but i think w
need to be reminded Pena what the County dial to this City last year which wag
out right dirty Pool. You will recall and you correct me if I'm wrong that
a number of =Jot project$ which in the past had been funded fifty percent
by the City and fifty percent by the County. the County suddenly said "Veil,
people 90 b8r* to the City because we are not going to gigs you any mre
fifty percent Of the County money, The people -mc het@ and #aid A'�ity we
eppreciete your fifty percent, but we can't operstu pn just fifty, The
Alb
Mt, f�luIIuner, .. County said you have got money and you have to give us the test,
I teinember those days: Now for anyone, leeitiinata an 3,3.t *161it
bey to turnaround AM ask 'me tiaw to snake thy City people Buffet at the
benefit of a County agency; Merry Christmas, I don't forget, And to the
People ift the back, I't sotry, Please don't take it to heart, but Im
just temembeting last year when those people came in here sctedming at us,
and I tetienibetr
Mayor Ferre: Okay, Are we ready to move on now, Coconut Grove, Fredrica
Brown, Is anybody here ftom the Coconut Grove CD?
Ms. Spillman! Mayor, I believe they are in accord with all the recommendations,
Mayor. Ferret All right, Let the record reflect that Coconut Grove is in
accord, Edison -Little "lover, Betty Grahatn, Chairperson, Anybodyhete
representing Edison=Little River, Yes; ttaiam.
Mrs Betty Graham: Mr. Mayor and other Commissioners, I'm Betty Graham
from Edison -Little River, And I'd just like to say that out of all the
projects in out target area, the Task Force hag recommended that all of
them be funded as staff approved. However, we do have 2 CBO's and l don't
think any of the directors are here, but at our last meeting, one of the
CBO's seems to want to be funded for 100,000 and the other for 150,000
because one was receiving funds from the County and the other one only
received funds from the City. And that's the way they voted at our last
meeting.
Mayor Ferre: Are we being asked to take action on that?
Mr. Fosmoen: No.
Mrs. Graham: Yes.
Mr. Fosmoen: This is only your first public hearing.
Mayor Ferre: At the second public hearing, would you remind us of this
Dena?
Mr. Fosmoen: Yes. If my memory seves me correctly, however...
Mayor Ferre; Does that have the concurrence of the adminstration?
Mr. Fosmoen; No, it does not have, sir. We are looking at a $50,000 funding
level for the community based organizations:
Mrs. Graham: But Mr. Mayor, one of the community based organizations
receives funds from the 'County. -That is a fact. Because at our last
meeting, we did have someone present from the County to present before the
citizens the amount of funds that that organization would receive.
Mayor Ferre: We've already voted on that.
Mr. Fosmoen: You have, but they're talkine about 7th vear. sir.
Mrs. Graham: We're talkinv about 7th vear. We're not talkine about...
Mayor Ferre; I see. Okay, i get the picture,
Mr, Fosmoen: In addition to that, the. County funding for the other
community based organization stops this year,
Mrs, Graham: NO, sir, I beg to differ with you. This year the County is
going to give them for 7th year 24,000,
Mr, FosmPefis; Is that right, pens'
Ctrs, Graham; Yes, T have the records to prove it,
IU,yor Ferre; This is the Little- River Merchant.$ dsspeiation?
p
--tot JAN � � �
Mt. Plum ttt Yeah* but they're shot asking for anything ftoih the City.
Mrs. ctaha: Yes, they are.
Mt. Vosfiaeh! Gaut, the 244000 that sheto alluding to is for Little River
Cotimdrte Associations activities in unincotpotated Dade County.
Mayot Verret Okay. I got the picture. All tight* thank you very much*
Mrs. Ctaham. Now we will hear from the Downtown:..the Vice-Chaitpetson,
�tim Porter s
Mr. Kim Potter: 14m Kim Potter* Vice-Chaitperson of the Downtown Community
Development Advisory Doard. We sent a letter to the Commissioners* the
Mayor, requesting that we consider the allocation* the reallocation for
the 7th year because out emphasis, where we feel the need is is some
immediate parking needs between now and say 2, 2 1/2 years from now
when you'll have done so well making some plans for us downtown. Between
now and then the situation is drastic. it's really poor. We're fearful -
that once the parking problem is solved in a couple years that between
now and then people will have given up hope of coming down there. And
therefore; we feel that the monies that -should be allocated and utilized,
We'd like to reapptopriate some of it which are planned for the 7th year,
put some of that money back into some,type of immediate pressing emergency
help for parking. A letter that was sent to you is requesting that we
allocate 200,000 of the CD funds to plan and initiate immediate and temporary
relief. And we ask you to seek proposals from agencies to plan and
operate such a system which locates parking areas* arranges shuttle services,
promotes the usage and solicits private sector involvement. And to do this
means that it would probably take, it's going to take away from the 7th
year plan because it's going to take away from some of the larger funds,
such as for the River Walk or areas such as that. And we would like for
you all to reconsider what the staff has proposed and to put some type of
seed money...not really seed money. I guess I'm really asking we do more
than seed money and provide some type of immediate parking service.
Mr. Plummer: Well, let me ask this question. What did your committee
recommend?
Mr. Porter: Well at firse we recommend we'd take the 200,000 and we
thought that possibly we could find an agency. We went to the Downtown
Business Association hoping maybe they might pick it up to see what they
could do with it. We also approached the DDA, or at least we thought
that might be of use but neither one of them felt they could do that.
We're not sure what to do. We're a group of lay persons in the downtown
area trying to provide and maintain. We don't have an answer for that but
we do feel that possibly there is an answer if we could get that money to do
it.
Mr. Plummer: What is the total commitment to your area?
Mr. Porter: 870,700.
Mr. Plummer: Okay. Of your monies, what were dedicated to social services?
Mr. Porter; Social services? It's.' ,.there was one in here for the
provision of a nodal worker to the elderly in downtown, which we, the board
is recommending 47,969, and the staff is only recommending 2,700 which was
equal to what it was last year with a 6Z increase.
Mr. Plummer: Where is... to that the one in Cesu?
Mr. Porter; That's the one that deals with the elderly services, It's
at 3 different areas. It provides... it does not quite provide a full star
person, but almost with a little bit of money from the Children end family
Services, We're re_cQ=@ndin& 2 staff pelrpons, It will take care of Anothor
I50 people, That; in our opinion, was a priority listing for us.
Mr. Plummer; tell, what other Social o9eneies are addres¢ad?'t
ist _ AN �'���
Mt, pottet That's the ahly one,
Mt, Plutftd ': whete's Mah6hdt7 Adt's 12 1/2% of $816,6061
Mr, Potted Close to IbO,OOO, About $100,000,
Mr. Sutan63 96
Mr. Plummer: You have approximately 109,000 that you could have used for
social service to be consistent with the test of the groups. Now, if
you're tecominending to this social agency 47 what
Mr. Porter: 47...
Mr, Fosmoen: 47 and change.
Mr, Porters 47,969, Almost 48,
Mr. Plummer: Dena; you have to explain to me, if that's the only social
agency in the target area, and all the r:t of them are running consistently
12 1/2, why you wouldn't approve that for the downtown area. 1 understand
the 5% increase.
Ms. Spillman: Let me explain, Commissioner. It's not 12 1/2% by target
area. For example, if you look atLittle Havana, ,I would say that almost
at least 50% if not more of their funds are social programs. Some target
areas have no social programs like Edison Little lover. So it's an
an average over all the target areas. And they have never been approached
with the concept that they could allocate up to 12 1/2 % of their funds
for social programs.
Mr. Plummer: I understand that but you know, where all of the rest of
theseareas are very heavy on social and demanding more, I guess'I have
a problem when good old downtown isn't getting their fair shake in my
estimation.
Mr. Fosmoen: Some of the target areas are heavy in social service programs,
others are not. - And that...
Mayor Ferre: J. L., we're running... it's close to 6.
Mr. Plummer: All right Fine. My thoughts will be reflected in my vote.
_ Mayor Ferrer No. We'll have a second hearing. This is the first
of 2 hearings
Mr. Plummer: Oh, okay.
Mr. Fosmoen: In addition, Commissioner, you know, there might not be a
demand for that level of service.
Mr. Porter: One of the differences in downtown, I think, is that we're not
as much a residential area. But we, as Advisory Board did more than double
what we wanted, I mean, what they were giving, So we reallydo,belive
that we should be providing for social, and we did it at that one level.
Mr. Plummer: Let me tell you what I'm -talking to, Now maybe I know
downtown top well, Okay? But has any consideration been given to the
Brothers of the Good Shepard, to the Camillus House, to the First
Methodist that operate the House up on llth Street, You know, damn it, let
me tell you something. We, one of our bei.ggest problems in the downtown
area are the panhandlers and the people like that, And it wo could offer
xhese people some dollars to,.,
Mayor Ferro; The more you feed them the more you have,
Mr, l' comer: well Meurice, I'm not talking abouf feeding but I'm talking
about a place to Bet then Off the street, Okay?
Mayor Ferro: What, for an hour?
ist
-
Mr. Plummer! No, Pot a night, 1 think it's north ddhsid,:fitiig, The
teaser l think, you knows even a witno if he had his choice of sleeping in
the sheet or sleeping 3ti a bed is going to take a bed, But the reason they
sleep in the street is there's no beds available,
Mr, Porter: f agree with you, And if we were able to in all sincereity
take what the staff provided and what they're allocating, and there's t+o
way we could evert do half the social services that you're teconiteinding.
We would recommend that the 600,000 for the river walk be reconsidered in
order 'that mote Money could be for social services and more money for
parking. I would agree with d. L, Plummet 100%.
Mr. Fosmoent Mr. Mayor and members of the Comit►ission, retmetaber that we have
to be able to demonstrate some kind of a linkage between that social
service and the physical improvements, This is not a block grant for social
service programs.
Mr. Plutranert Boy, if that wouldn't be physical improvements in the downtown
I don't know what would.
Mr. Fosmoen: Physical projects that are included in the applications,
Mayor Ferre: All right, thank you very much. We will see you at the second
public hearing, Mr. Porter. Thank you. Mr. Calhoun, Chairperson of Model
City. Is Mr. Calhoun here?
Ms. Marie Brown: Thank you, Mr Mayor and Commssion. I'm Marie Brown
on the Advisory Board for the Model Cities area. In our proposal to the
Commission we generally agreed with most of the staff recommendations.
However, we would take issue if possible, for our item number 5 which
refers, to the project which now is represented by the expansion of
Tacolocy Center.Our recommendation there was for $99,199 and the proposed
allocation is 57,900. To this increase, I'd dike Mr. Pitts, who is the
director there, to speak, if you will, on behalf of this offering that we
make.
Mr. Otis Pitts: Thank you very much. My name is Otis Pitts, Jr., and I'm
the Executive Director of the Belefonte Tacolcy Center. I don't want to
go over the basis that we provided as support for this expansion
request. However, there are about 4 items that I think are important. One
is, as all of you well know, there is about $2,500,000 in capital improvements
currently taking place at the site. This of course will result in
increased utilization of the facility and to accomodate that and avoid'
some of the problems we've had in previous projects that have been
completed out there in tacolcy, it's very important that we support
this expansion with adequate staffing and programming, and equipment. I'm
sure the City in supporting that expansion recognized that it would
result in increased utilization of the facility when they made that investment.
Secondly, the current utilization if continues unabated will exceed our
work statement requirements by more than 300% by the end of this project
year. We are currently serving... well to date, we'served _518 unduplicated
persons. We're only required to 256 for the first...I mean for the entire
year, and we're only 6 months into the project. The third, of course,
we have some new projects that will bring our budget to well over
$1,OOO,000 this year and those projects alone are desigried to bring in
more than 600 persons unto the facility, And of course, those persons
will be involved in our facility and utilizing the additional facilities
that will result from the new expansion. I would like to Just for a moment
mention, because the Advisory Committee members recognizes as well., we met
In liberty Square park Center last time, and the residents in that area
had a very bad experience with African Square park in that it was a lovely
facility and it still is, however, some early experiences with that parr
made them almost regret• It had ever been built. I think it would be 4
tragedy to be allowed to happen again with facilites ouch as we have at
I'acoley which I think we can thank the City in its wisdom for bui•l.ding.
Are there any questions, I'll be, happy to answer those. If not, tholf,
pretty much the e$pence of our basis of support for,.
So
to
Mt. Piumett Well Mt, Pitts4 you know, we All know of the fine work at
Tacolty. Acid thank dod its being expanded and hopefully, you'll be able
to expand the fine wotk that it's doing. Nowj the ptobiem I have with that
is the satae I have with the othets. Has the boatd of Model Cities considered
your applicat otil f)id they tecoitiMend itl Ail tight: Nowo that itictease
whefe out cif Model Citieg is that amount of nioitey going to be deducted,
because it's got to be. Now you know, you get X number of dollars to work
with. kete's the pie:
Mayor,petfe: That's applicab eo I might add, to everybody. In other wotds,
when you tote back, General Marina when he Comes back on February lith, hag
to also answer that question.
Mr. Plummer: So I want to tell you where we're at. Okay?
Mr, Pitts: Well, of course, the board has to answer that question.
Mr. Plummer: Okay. Somebody is going to have to ansl4ar it.
Mrs. Brown: I apologize for the fact that Mr. Calhoun is not here. And
I'm really very new to the Advisory Board,
Mr, Plummer: My dear, there will be no problem but I hope you will convey
the question to him so he will be prepared to answer it at the next and
second hearing.
Mrs. Brown: I did have one thing to bring to you that was brought to my
attention and that is Mr. Calhoun did mention, when asking me to represent,
him today, that some $50,000 had been taken from our allotment already and
given to another organization, in that area, Model Cities area, and it had
done been done with the consultation of the Advisory Board, and we are
concerned about this.
(INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD)
Mr. Plummer: Well get on the record and say it then if it's not true.
Ms. Spillman: Is that the 62nd Street Development Corporation?
Mrs. Brown: Yes.
Ms. Spillman: That was approved by the board. That was polled and there
was a majority of people who approved that action,
Mrs. Brown: Well, Mr. Calhoun who is the Chairman there now said that...
Mr. Plummer; You take the message back to Mr. Calhoun that Dena Spillman
says it's not true. And he can be prepared to speak to that.
Mrs. Brown: Perhpas that happened before he became the new President..
Ms. Spillman: It might have. But the Board ... we never... the board was
polled on that issue.
Mrs. Brown; The Advisory Board was polled. All right. He'll work on it
and we'll be back again.
Mayor Ferret All tight, thank you very much. Our next speaker is Orlando
Urra. the Chairperson of the A1lapattah CD, Can we get a translator,
(MR. URRA MAKES HIS STATEMENT IN SPANISH AND CATHY LEFF OF COMMN1TX DEVELOPMENT
OF-PARTMENT TRANSLATES FOR THE RECORD)
mr, Urra; I would like to congratulate Dena Spillman and staff for the
work they have done this year at OQ;nu►unty Development. The Aliapattah
Board consists of iD membars, 5 apppintod, and 5 ei@ctad by the community,
The actions rhat were taken in Aii.apattoh ware done so before the board at
public meetings. Pna of the actions taken was $20,000 for the mealp program
is Aliapartah. Ong of the factors most iwportant is where the funds,
c�ommunity develop ►e-pr funds go in a co t'intity, The funds are. for the
Ist
Mr, Utta: (continued): entire coitifthity and not one sector of the
dd tnufiity. Otie of the things iti the Cdit0 ity is that We have 2 programs
giving sitbilat services, that dish to give sithilat gtrvices. These 2
progratis ate located in the same place, they ptovide the same exact
services and they ate 2 separate noft-p%ofit organizations. These ale
people well known by the community and one thing the col fi0ftity can't accept
is having a thing like thus} two programs. As you know, the increase in
Crime is happening in our cot[m]utiity, And we believe that one of the 2 programs
that s funded at a level of $50000 should be used for crime prevention..
It's a need in our cottimunit, y And this is what I wanted to present to you
today, a petition tot this funding. And the rest, we approve and suppott
what is recommended by the City of Miami.
Mayor Ferre: All right, questions?
Mr. Lacasa: Orlando, what are the two programs involved?
Mr. Urra% (THROUGH AN INTERPRETER): The two programs that we have are
economic development programs. One is the Allapattah Merchants Association,
the other is the organization called Allapattah Economic Development?
Mr. Lacasa: Which one is the program recommended by the Community Development
program?
Mr. Urra: They think that the most important one is the Allapattah Merchants.
Ms. Spillmant Commissioner, may I respond to that?
Mr. Plummer: I'm losing something here. I'm not quite certain what it is.
Ms. Spillman: I'll explain it.
Mr. Plummer: Lacasa is asking in English, he's answering in Spanish, and
you're interpreting Lacasa's English. Now somewhere here I'm losing
something. (LAUGHTER)
Ms. Spillman: We try our best. I'd like to respond to something
Commissioner Lacasa ... well, I'd like him to hear this. Commissioner Lacasa,
and Mayor, and Commissioners, what we are recommending is that in every
instance where we have a community based organization providing economic
development services that we evaluate these programs later in the year. As
you know, they're all brand new, and come back to you before their
contracts expire with the recommendations on which organizations should be
funded. We, of course, would review this with the cnmmunity before we
made such a recommendation.
Mayor Forte: Okay, that makes sense. All right, thank you very much.
'. We now have the last speaker which is the Vice -Chairperson of the Wynwood
CD, Alfredo Mendoza,
Mr. Alfredo Mendoza Commissioners, my name is Alfredo Mendoza. I live in
169 N.W. 24th Street. I am Vice -Chairman for the community of Wynwood, i
am going to speak in Spanish because I have a good friend in front with me.
(AT THIS POINT, THE ABOVE STATEMENT WAS TRANSLATED INTO SPANSIH),
1 am representing the Chairperson who is away in Washington. I have come
to say the recommendations of my community,
Mayor Parre; He was saying that they agree with staffs recommendation,
You didn't know that huh? Oh, he's not done yet.
Mr, Mepdoz$ (THROUGHAN INTERPRETER) He'd also would like to say that
they're recommendi.nK that the elderly program be funded for $120,455.
That the day care- program be. funded for 5j22,QQ0, And an additional
$2I,OQO for trangportati.on, T'hfrd# that we want the third and fourth
Year funds that were rvmainfng from Robert Clemente Park into Robert E, Lea
for a gyp , , soh, from Robert E, lee, to Hobert Gles►enta, There is an
additi-onol of/ approximately $10,000 from the Robert B. Lee Park On they
would li.ko to go into Parks and fteraatlon at Robert Compata,
Mayor Verrte: All right, anything else? Vou're going to have to make a
fesufne of all of that becausei frankly, 1 found it difficult to follow
if the 120,000 for the youth is in addition to the 120,600 for the senior.
And where all these monies are coming from.
Ms. Spillman:* The senior program we discussed at the last meeting, okay?
The day date progtatn is currently funded at the level he discussed. What
they want is an additional $21,000 for a transpottation program to
transport the children from their homes to the day care, which I might add,
We have never funded ever in any target area. So they are basically
asking for $21,000 additional dollars.
Mayor Ferre: All right. Now we have Mr. William Johnson who wanted to be
heard again. Mr. Johnson. It's 6 o'clock and we're still in the beginning `
of our agenda. I would...
Mr. Johnsons Mr. Mayor and Commissioners, on behalf of the Culmet Community-
Overtown community, I would like to say that initially we were trying to
adhere to the restrictions that set forth in the reduced amount of CD
funds that were allocated to the area. We'd bike to go on record that at
our next Advisory Council meeting, we will take into consideration the fact
that there is some leeway for social services and come back %!ith comp
provisions and what not that we'd like to have inserted into our new
CD 7 year plan.
Mayor Ferret All right, thank you Mr. Johnson. Is there anybody else who
wishes to be heard at this time? Yes, ma'am.
Ms. Anne Marie Adker: I'm Anne Marie Adker. I, live at 238 N.W. 8th Street
in Overtown. The concerns that I'm here about today has to do with the
redevelopment area. Are you aware of the boundaries? It runs from
6th to 8th Street south, from 1st Court to 3rd Avenue and we have found,
this was brought to my attention on Saturday, we have found that the area
is being exploited. We found that the area is being exploited by a Mr.
Tom Post who is buying up every piece of available land with apartment
buildings on it and going up on the rents extortiously. Now, most of the
residents within this area are senior citizens and cannot afford the
extortious amount of rents that he's asking. In August of last vear he
purchased a building that people were paying $91 a month and now he's
asking $150 a month for it.
Mayor Ferret Tell me that again.'
Ms. Adker: He...you know, there were $6,900,000 supposedly set aside
for this area through a U.M.P,T.A. grant.
t Mayor Ferret Yes, that's right.
Ms. Adker: And that was for acquisition of land and relocation of residents.
Mayor Ferret Yes,
Ms.• Adker; Well I find that those residents won't be there to relocate
come February 1st, 1981.
Mayor Ferre; Are you aware of this, Mr, Fosmoen? That there are people
buying land in the community,
Ms. Adker; There is only one man that is that the land has exchanged with
and that is Tern Post, one who has salt on every adp=hoe and planning
commitee from Overtown, So he knows all the redevelopment plans for that
area, Me knows the area, He's been in that area since IM when he
bought t•he first parcel, Now he's just,..
Mayor Ferre: is this the same Tom Post i know?
Mrs Plummer Up,
t
Ms, Adket: That's right. Arid 1t..it's just pathetic what he's doing
td these people.
Mayor Ferre: YOU say that heir incteasit►g the tent froth what to what
MbENTIVIED MUM Ptoti $01 about the middle of last yeat to $150 to
"start the first of robruary.
Mr. Plummet! Well okay. You know, what,.,you're inferring extortion. Now
I knot that that is really not the word that you want. , Okay?
Mayor Fertet l don't think that's what they're referring to J.L.
Mr. Plummett Okay. I'm sure that what you're saying is exhorbitant. Okay.
I have no problem with that word. All tight? There's a lot of difference.
Extortion is a criminal offense. Well okay. Now, what you're saying
is that the man is going around buying up property. And 1 don't think
there's anything wrong with a man buying property. Okay, if what you're
saying is that the man is using his position by virtue of being on boards
to have an advantage, then 1 think that that is something that this
City Manager trust look into.
tJN1DENTIFIED SPEAKER: Would you please
Mr. Plummer: Well I'm sure that now that you've put it on the record, that
there will be tomorrow morning, the Manager will be looking into the matter.
But what 'you're basically saying is that he has been buying prorperty, and
as a landlord, you feel that he is unreasonably advancing the rent
beyond what is a reality.
Ms. Adker: The means of the people.
Mr. Plummer: Well...
Mayor Ferre: I would say from 91 to 150 in a year is...
Mr. Plummer: Well I understand, Mr. Mayor. And I want to tell you, I -don't
think you know, nor do I, what the general rents in that area are. Okay?
I don't know that. The rents in that area, you know, might be $150 or
200 and he might be under. I don't know. We've heard one side of the
story. And I would say the City Manager, I don't even think it needs a
motion, will look into the matter tomorrow and report back to this Commission
because you know, it's pretty heavy to say something like that.
UNIDENTIFIED SPEAKER: May I ask a question?
Mayor Ferre: Sure.
Mr. Frank Smith. My name is Frank Smith. I live at 252 N.W. 7th Street,
Apartment 2. At the meeting, it was brought up earlier in the week, there
is nothing against buying and charging as much as you want. That's the
American System. But I'm understanding there is no rent control law becasue ;
you voted it down last meeting.ot
Mayor Ferre: No, no. That's not the case.
Mr. Smith: What I'm trying to say, sir, I'm trying to tell you how to
run your business. Somewhere I think it's on the State Statutes that there
is,,,,you can enact rent control. And in this particular area we are in,
people cannot afford to pay what this gentleman is asking. Ice's going to
make money off of both ends, There's nothing wrong with that because
when the Metro Rail comes through, everybody has to go, be'a going to sell.
Naturally, he's going to make a profit, I don't think the bought the
-
land because he's going to give it away. What I would like to know, why
would he want to make a profit off of up also in the present. If you can
help us in.any way, we would appreciate it, hank you.
-Mayor Form Well we have a very wl.cue social problem here. And the
law .dines nut provide us any Meene with which to stop people like this,€
indeed that's what is going on. I would recoumadv Mr, Maheger, that
J� �''
s
Mayot Fotre '(tontinued)t ptthaps somebody in beta's depattmeht have a
friofidly talk with tom Post. And I'm sure the ptess will be picking this
up evert though I don't see mill Gjebte
Mr. Plumt►ert bangerous Tian is over these.
Ms. Adker: Mt, Gjebte has already been out.
Mayor Fette: I'in sure the Miami News who has made it a special cause,
you knows overtown is something very special to the news, I'm sure that
Giebte will be pursuing this vigorously, and I think perhaps you should
discuss this with him and perhaps you might want to bring it to the
commission for further discussion at a future meeting. And advise, both
of you, you and Mr. Smith, so that they can be present too. 1 completely
sympathize and understand with the problem of what working men and women
have to do when their rents go up from $91 a month to $150 a month in a
period less than a year. I understand the problem.
Ms. Adker: I'm not too interested in the working man, you know, maybe they
can►..
Mayor Ferret Well I am.
Ms. Adker: Maybe they can afford it. 1 am interest in the people that are
on set income.
Mayor Ferrel Yes, I understand what you mean:
Ms. Adker: You know, one of those things. And I would like to ask the
City for some type of assurance that these people can remain in that
area. You know, I was talking with...
Mayor Ferret I don't know how we can give you that assurance.
Mr. Plummer: Yeah, the assurance is if what she says is correct, the
assurance that they can remain there is at $150 a month.
Ms. Adker: Well this is what I;m saying. But if you have the UMPTA grant
already at hand?
Mr. Fosmoen: No, ma'am. There is an allocation .set aside for the U.M.P.T.t..
funding. But we won't be receiving those: funds' until October. There is
a whole enviornmental impact statement that has to 'take place.
Mr. Plummer: That's going to be to the detriment. Because when
UMPTA come along, those people are going to _be out of there and they are
going to have to be relocated. So that's not any assurances they're
going to remain there, It's assurances they are going to be moved.
Ms. Adker: This isn't what I'm saying, Commissioner Plummet'. What I'm
saying is by the time that that UMPTA grant comes through, those people would'
have long been gone because if he's there at $150 now, no telling where he
would be in 3 months,
Mayor Ferre; See, if he can get those rents, what's going to happen of course,
is that the value of the land is going to increase substantially and whoever
owns it will,..
Mr, Plummer; income is part of the factor.
Mayor Ferre; Hub?
Mr, Plummer; His income is part of the factor,
Mr. iosmQen; Depen4ing on the method of assessment and I think, maybe
one of the places we need to start is some discussions with the @Xistin&
property owners in the sres Oput the bonefits that are available through
purohese under the roder,ai program so that they1 re ,aware cif what their
Ppti.m Are
t 6�en
JA Wt
Mayor Perret We have a ptobleti; Mt. Managet, and we geed to pay 96ty
cateful attention to it.
Ms. Adkert We cettainiy do. Mr. Maybt, we have nuttetous aMounts Of
attueturally ,sound buildings in that area that nobody wants to take a
commitment to renovate. Se the people have no options whatsoever, Did you
say'I can get on another agenda?
Mayor Ferret `yes, ma'am, This will be back. All tight, thank you very
much.' Is there anybody else now? Yes,, malam. to ahead. This has to do,
I hope, with the CD area? Go ahead.
Ms. Nilsa Velazquez: My name is Nilsa Velazques. I'm the Director of
Holy Cross Day Care Center,
Mr. Plummet! I didn't 'hear you.
Mayor Ferret Ms. Velazques is the head of Holy Cross Day Care.
Mr: Plummer: On 36th Street?
Ms. Velazquesi 36th Street and lst Avenue, Northeast, And I'm talking
on behalf of the parents and Children of the day care center. Perhaps you
received a hand delivered note yesterday regarding a transportation
proposal for the children. And I wanted to make sure since it is not
included in the package that was submitted to you...
Mayor. Ferret Isn't that what Mr. Mendoza was talking to us about?
Ms. Velazquez: Right' Right. And it was not part of the package you received,
I wanted to make sure that you heard about this project. I have a few parents
that have their time in coming here with me, and I would like them to stand
with their children so that you know who they area Of course, remember
that our parents work, most of them. Most of them work and they cannot
attend these meetings to show you the need for the transportation project.
But I have letters from them, one letter from them with some of the
signatures because all of them were not able to sign. But they expressed
the need for this transporation project. So I would like that you can see
this extension of the program in order to better service the community.
Mayor Ferre: Thank you very much. Does that conclude your statement. All
right, thank you. Are you finsished now. All right, Ingrid Grau.
Ms. Ingrid Grau:" Good afternoon. My name is Tnorid Grau, the Executive
Director of the Wynwood Elderly Center. Members of the Commission, friends,
I am grateful for the opportunity of speaking before you today to express
the gratitude of the elderly community of Wynwood. I stand here before you
to reflect my feelings and convictions of a community that represents a
multi -ethnic and homogenious cloisture for residents, refugees and homelss
disadvantaged, Hispanic and Haitian and Anglo elderly. Your most generous
understanding of our fiscal needs for the bth Community Development Year
is acknowledged' with heartfelt gratitude. We must at this time ask for
the same just, equitable allocation for the 7th year based upon dollar
value 81-82. Our budget has included the permanent placement of CET'A
participants acknowledging the compliance of the City of MiamiaC.E.T.A,
We ask your approval of our 81-82 budget of $120,455 so we may continue
our dedicated and meaningful service to all our elderly. Thank you. All of
Youf
Mayor Ferret Now, how does that fit into the Wynwood CD,.,
Ks, Spillman; They are funded at the same level that you approved last week.
They would have to receive that Amount of money to keep operating.
Mayor Ferre; Is that your recommendation?
Mr. Foswoen; NO, it is not at this point:
Ms, SPi11m4n; Well we411 be back at the second public hasrta$,
9
Mt►'Posmodh! We'll be tesp6nding to the Co ission ptiot to your next
public hearifig on each of the issues that have been taised with the staff
tocoffnehdatioti
Mayor Pette: I see. Okay, t undetstaf►d. All tight, are there any other
members of the public that wish to be Beard on Ch issues?
Mt. Plummet! Let the just ask one question►
Mayor Fetre: J• t.� excuse me just for a second. I ju^t want to make sure.
Anybody in the public wishes to be heard?
Mr. Plummet! Well wait a minutes We just got this. Is somebody going to
speak on it?
Mr. Fosmoen: No►
Ms Spillman: No, he's just giving it to you.
Mayor Ferre: No.
Mr. Plummerc The Industrial Home for the Blind are not asking for moeny.
Is that...
Mr. Fosmoen: Well I assume only to the extent that they're discussing a
10% increase in social service for...
UNIDENTIFIED SPEAKER: (THROUGH AN INTERPRETER): Honorable Mayor and
honorable Commissioners of the City of Miami, The Industrial Home for the
Blind is an organization that offers social services in the City of Miami.
Thanks to the help we have been given by the City of Miami, we are able
to serve close to 100 people, about 60 of them in the City, and about
28 in Little Havana. During the last year, we were able to give 19,056
_ units of service to the people who live in eternal darkness. We have
been able to give them service in the fields of education, in the braille
reading and recreation, work center, and transportation. We offer them
the services of being transported under escort to the doctor and to public
buses. We own many buses which we use in these services. 15 of our
blind clients are laboring in our working center. One factory assistant
earns $4.65 an hour. 3'others earn $3.35 an hour. And 11 others have
an average of $1.70 an hour. Thanks to the Community Development'Progrmas
of the City of Miami, we are able to give them, as you see, more than...
way over the regular wage for the handicapped which is half the regular
wage. And we are able to rehabilitate them in this way. If we are able
to locate more resources, we will be able to e4pand'our services to those
people who live in an eternal night.
Mayor Ferre: All right, ,is there anybody else who wishes to be heard at
this time? If not, then we are concluding this first public hearing, and
we will see you I'm sure again the next public hearing which will be,
Mr. Fosmoen, on?
Mr. Fosmoen: February filth.
Mayor Ferre; The filth slay of February.
tj,10=?C1 00114ANCt: 1'. VOCKtION AWJ 8U9PN9tON OV OCCUPATIONAL
,
LIGEI�gaS i
v
i
Mayor P'erre: We are now mbviftg along to the next agenda item which is 7(a),
This is amending the City Code dealing with revocation and suspension of
occupational licenses. City Manager recommends. Since we deed 4/5ths
vote, Mr. Manager, would you have Somebddy from staff tell Mr. Lacasa that
we need his fourth vote. We do not have a full Commission.
Mr. Carollo: We're talking what item now?
Mayor Ferre: 7(a)
Mr. Carollo: 7(a). All right.
Mayor Ferre: Is there any problems with item 7(a)? All right$ does
somebody want to offer that? Anybody want to offer that, Plummer?
Mr. Carollo: Move,
Mayor Ferre: All right, it's been moved by Carollo. Is there a second
to item...d. L.$ there is a motion on 7(a). Is there a second?
Mr. Plummer: Yes.
Mayor Ferre: Plummer seconds. Further discussion? Read the ordinance.
(AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD)
Mayor Ferre: Call the roll.
AN ORDINANCE ENTITLED
AN EMERGENCY ORDINANCE AMENDING SECTION 31-37
OF THE CODE OF THE CITY OF MIAMI, FLORIDA (1980)
AS AMENDED, DEALING WITH THE REVOCATION AND SUSPENSION
OF -OCCUPATIONAL LICENSES BY AMENDING PARAGRAPH (8)
OF SUBSECTION (a) AND PARAGRAPH (2) OF SUBSECTION (b)
OF SAID SECTION 31-37 TO EXPRESSLY PROVIDE FOR A
HEARING BEFORE THE CITY MANAGER OR HIS DULY
DESIGNATED AGENT PRIOR TO ANY SUSPENSION OF ANY
OCCUPATIONAL LICENSE AND TO PROVIDE THAT
JUDICIAL EVJnTNING OF THE SELLING, LENDING, OR
TRANSMITTING Of MATERIAL FOUND TO BE OBSCENE, LEWD,
LASCIVIOUS, FILTH` OR INDECENT UNDER FLORIDA
LAW CONSTITUTES GROUNDS FOR REVOCATION OR SUSPENSION
OF AN OCCUPATIONAL LICENSE; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE
W4s introduced by Commissioner Carollo and seconded by Commissioner
Plummer for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by
the following vote
AYES; Commissioner J. Lr Plummer, Jr.
Commissioner Toe Carollo
Commissioner Armando Lacsss
Mayor Maurice A. Ferro
NOES:, None
APSENT Vi9.e=MAYPT (ACV,) Theodore R, 00pan
AN 21; 61
Whereupon the Commission on motion of Commissionet Catollo and
seconded by Cotunissioner Plummeti adopted said dtdinance by the folliwing
vote:
AYES: Commissioner J, L. Plummet, it.
Commissioner .doe Catollo
Commissioner Armando Lacasa
Mayor Maurice A. Pette
NOES: None
ABSENT: Vice'Mayor (Rev.) Theodore k. Gibson
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. '9231
The City Attorney read the ordinance into the public record and
announced that copies were available to t0c members of the City Commission
and to the public.
20. SECOND READING ORDINN&NCE: FIRE APPARATUS ACQUISITION, REPLACEI:Et+TS
& MODIFICATIONS TO NEW CITY ADMMINISTRATION BUILDING
71 1
Mayor Ferrer Now we're on item 8. Plummer, do you want to move that on
second reading?
Mr. Plummer: Move it.
Mr. Carollo: Second.
Mayor Ferre: second. Further discussion? Read the ordinance and call
the roll.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 9199
ADOPTED NOVEMBER 6, 1980, THE CITY'S CAPITAL
IMPROVEMENT APPROPRIATIONS ORDINANCE FOR FISCAL YEAR
1980-81, BY REVISING AND DECREASING THE APPROPRIATIONS
FOR FIRE STATION NO. 9 (ITEM III,$.1), FOR FIRE
APPARATUS ACQUISITION, REPLACEMENTS AND MODIFICATIONS
(ITEM III.B.5) AND FOR THE NEW CITY ADMINISTRATION
BUILDING (ITEM III.R.6) TRANSFERRED TO ITEM
IX.B.(i)6.; BY APPROPRIATING FROM THE 1976 FIRE
FIGHTING, FIRE PREVENTION AND RESCUE FACILITIES BOND
FUND AN AMOUNT OF $475,000 FROM ANTICIPATED BOND SALES
AND AN AMOUNT OF $75,000 FROM INTEREST ACCRUED IN
FISCAL YEAR 1981 TO INCREASE APPROPRIATIONS FOR FIRE
STATION NO. 7 (FORMERLY STATION NO, 14) (ITEM
111.B.3), RESCUE SERVICE APPARATUS AND EQUIPMENT
(ITEM 111,8,4), NEW CITY ADMINISTRATION BUILDING
(ITEM 111,$,6) TRANSFERRED TO ITEM IX.B.(06),
BREATHING APPARATUS (ITEM III.B,7), HOSE TOWERS, FIRE
PREVENTION VEHICLES AND OTHER FIRE EQUIPMENT (ITEM
III.8.8). FIRE BOAT (ITEM III,B,10), COMPUTER AIDED
DISPATCH SYSTEM (ITEM AN
Q FIRE TRAINING
FACILITY AND C_LQSEU CIRCUIT TELEVISION SYSTEM (ITS
CONTAINING A REPgALER PROVISION AND
A $FVERABILITY CLAUSE
passed on its first teading by title at the mtdtingof Januaty 15 was
taken up for its second and final t'eaditig by title aiid adoption, On
ihotibn of C6Missionet plUftft6f, seconded by C6Missioner Catoiio, the
otditiance was theteupon given its second and final teading by title and
passed and adopted by the following note:
AYES: Commissionet J. L, plummet, Jr.
Commissionet Joe Carollo
Coftul:issionet Armando tacasa
Mayor Maurice A. Fette
NOES: None
ABSENT: Vice -Mayor (Rev.) Theodore R, Gibson
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO, 9252
The City Attorney read the Ordinance into the public record and
announced that copies were available to the members of the City Commssion
and "to the public.
21. FIRST AND SECOI:1) RLADIi.G OnDIi k CE: INC L ASL APPROPRIATIO\'. TO
ILiTLRN\AL SERVICE FU16DS - PRINT SiiO?
Mayor Ferre: All right, we're now on item number 90 first and second
reading. The Manager recommends.
Mr. Plummer: I move it.
Mayor Ferre: Plummer moves. Is there a second?
Mr. Lacasa: Second.
Mayor Ferre: Further discussion?
_Mr. Plummer: Under discussion, Mr. Mayor, I want to correct or at least
an impression given by the agenda. This is not increasing the amount
of money that is shown. It is, in fact, a transfer of money to this
department from other departments:
Mr. Fosmoen; That is correct.
Mr. Plummer; That was why I had opposed it before and have no problem now,
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING SECTIONS 2 AND 5 OF ORDINANCE
NO. 9179, ADOPTED OCTOBER S 1980, THE ANNUAL
APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING
SEPT ER 30, 1981, AS AMENDED, BY INCREASING THE
APPROPRIATION FOR INTERNAL' SERVICE FUNDS, PRINT
SHOP, BY,$114,083; BY INCREASING ANTICIPATED REVENUES IN
THE SAME AMOUNT; TO ALLOW FOR THE CITY-WIDE` ADMINISTRATION
OF PRINTING AND BINDING OUTSIDE COSTS BY THE DEPARTMENT
OF BUILDING AND VEHICLE MAINTENANCE; CONTAINING A
REPEALER PROVISION AND A SMRAEILITY CLAUSE; AND
DISPENSING WITH THE REQUIREMENT OF READING SAME
ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN
FOUR -FIFTHS OF THE NEXURS OF THE COMISSION
JAN 1
Was introduced by Cotiilissionet Plummer and secohded by Cofnmissionetc
Lacasa$ for adoption putsuai t to Sectibn. 45 Pat:agtaph (f) of the City
Charter dispensing with the t0quiretnent of reading same oti two sopat:ate
days by a vote df tiot lass than fout-fifths of the tnembeft of the CoffSmission:
AYES: Commissioner J, Ls plutfters Jr.
Commissioner Joe Catollo
Commissioner Armando Lacasa
Mayor Maurice A. Perte
No S: None
A 38W: Vice41ayot (Revs) Theodore R. Gibson
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Lacasa, adopted said ordinance by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Joe Carollo
Commissioner Armando Lacasa
Mayor Maurice A. Ferre
NOES- None
ABSENT: Vice -Mayor (Rev.) Theodore R. Gibson
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9233
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.
Note for Record: Agenda Items 10, 11 and 12 were deferred.
22. FIRST KADIIX 01011 Ai10E: I14CREASE D=.UCI: FEES' (RATES) AT
DINNER KEY HARL%1A AiiD Xi N;.ri, IIIAI`ARINA AND VATSOii ISLE Q., iXXIIIA
Mayor Ferre: All right, now we're going to take up item 13, Who wishes
to be heard on that?
Mr. Fosmoen: Mr. Mayor, in line with the Commission policy that was
established .a month and a half ago, we have done a analysis of the dockage
rates in the entire area are are recommending to your rates that approximate
80% of the private rates within this metropolitan area.
Mayor Ferre; I want to tell you that that wasn't the instructions that
yougotfrom this Commission. I don't think 80% is sufficient, personally.
Mr, Fosmoen: What the Commission agreed to a month and a half ago was to
come in with an 80% dockage rate. That was my recommendation to you.
Mayor Ferre; I thought it was a 10% discount.
Mr, Fosmoen; Not sir,
Mr. Caro1,lo; I Chink we said 80% or somewhere in that neighborhood,
Mr, Foamoop; They are reviewing the record, slr„
Mr. Carollo; 80/,
Mayor Fer-re; May. 1f 0406what 'Ve said I'll ,go along with it.
Mr, Plummer; +801 of what?
tsp JAN 2 go
Mayor l ertd: The average.
Mr. catollo: The average fate.
Mr. Posfnoeb! The average of Private tiatinas in the areas Sir.
Mayor Fetret All tights anybody have any proble;ns With that?
Mr. Plummer! Well you have some people here.,,
Mayor Ferrer Yeah, I know, I realise we have them all lined up. I'll
tell you, Mr. Jennings, 1 do have a problem with first and second reading.
I think that's unfair. I don't see any ettiergeney nature in this.
Mr. Plummer! Well Mr. Mayor, excuse me. I don't want to, you know, I'm
in a strange position defending the administration. We told the administratioh
to put all items on as first and second in case we felt the need. If
you didn't do it, you couldn't pass it.
Mayor Ferret I see,
Mr. Plummer: And if we didn't want to do, it, we could separate it. SO
they're doing exactly what we told them.
Mayor Ferre: I stand corrected, Plummer.
Mr. Plummer: Very seldom they do, but this time they're right.
Mayor Ferre: I stand corrected$ Plummer. But the point nevertheless
is that I think that we should do this in a deliberate way, and that is
to move it on first reading. Now, I'll tell you, how many people wish
to be heard on this. One, two, is that it? Three. Mr. Sorg.
Mr. Plummer: Mr. Mayor, for informational purposes, this is not on as
an emergency measure. This is on as a first and second reading differentiating
between the time it becomes effective. Am I right, Mr. Clark?
Mr. Clark: That's correct. It would not be...
Mr. Plummer: Emergency becomes effective today, where a first and second
reading becomes effective in 30 days.
Mr. Clark: The emergency becomes effective upon publication.
Mr. Plummer: Right.
Mayor Ferre: I think the people here are entitled to be heard. Now they
can be heard at the 'first hearing, they can be heard at the second
hearing. But I think since there are 3 people wish to speak at this time,
I ... excuse `me.
Mr. Plummer: All they were asking was to defer it. That's all they
want to ask.
UNIDENTIFIED SPEAKER; All we were going to ask is to make sure that we
didn't get a first and second reading.
Mayor Ferre; I agree with that. I think you're entitled
UNIDENTIFIED SPEAKER; We'd like to be heard on the second reading,
Mayor Ferre, v,to have. ,so you can fill the room up and have all the
people speak, That's all right. l have to problem with that, You're
entitled
UNIDENTIFIED SPEAKER; We'd like to Bo through the Waterfront Ao-4rd if we
can ecment on this thing a little bit, WOO like to hay@ teen this
procedure# as the Mayor promtood, go you promised us, that it would Bd
through the Waterfront b4rd first, And what in fact has happened, it
d#dn r Q threvsh the Waterfront Ap4rd.
Ow 2
tot JAN 2 2 161
Mr. Plutmtet: you ndvw this is following a typical syndtorie atound here,
One itote ebtputer and ire l to going to hate to close the door.
You know, teally, we ate..,we'te creating boards and boards and boards,
and it's just taking longer and longer to get things accomplished. And
here We are trying to streamline things.
Mayor Fettd! Veil what else is.6.
Mr. Fosmoen! Mr, Mayor.,.
UNIDENTIFIED SPEAKER: Well let tie suggest..►
Mayor Ferre: Excuse me, One at -a tithe. Go ahead
UNIDENTIFIED SPEAKER: Let the just suggest, we had an opportunity just
yesterday to get the documentation. We looked it over, and had we had '
an opportunity earlier, we could have corrected the mistakes that have
been made in the documentation. Okay, that's what we wanted to dog That's
why we're asking for a first and second reading.
Mayor Ferre: Okay. Now, Mr. Fosmoen and then Mr. Sorg.
Mr. Fosmoen: Mr. Mayor, only one point, The issue was before the
WaterfrontBoard, We took it to them for an informational item. The
item was discussed before the Waterfront Board.... okay. Correct me,
Mr. Sorg,'if I'm in error.
Mayor Ferre: Mr. Sorg, the Chair recognizes you.
Mr. Stuart Sorg: Mayor Ferre, and members of the City Commission,' and
Mr. Fosmoen, I'm not disagreeing. I'm here today to ask that items
of this manner, they are very vital to the community, be first submitted
to the Waterfront Board so we may hold a proper hearing on the rate
structure that you are going to present tonight. I don't know what it is,
nobody on the Waterfront Board knows what it is, we're all finding
out tonight. This is not the purpose of the Waterfront Board as I understand
it:
Mayor Ferre: I'll tell you, if that's the case, Mr. Fosmoen, he's
eminently correct. We created the Waterfront Board for all issues
dealing with the waterfront.
Mr. Fosmoen: Mr. Mayor, it was my impression that you did not create the
Waterfront Board to ,approve rates that this Commission sets. You created
the Waterfront Board to give, you advice...
Mayor Ferre; All right, Plummer. Since you're ... come over here since
your memory is better than most of us around here. The question is
is the Waterfront Board, when it was created, Mr. Fosmoen is telling us
that it was not created to deal with such things as rates. Now my memory
tells me t.,:7t when we created the Waterfront.' Board as a result of a lot
of issues confronting us with the leasing of waterfront property, including
the Miamarina and Dinner Key Marina..,
Mr. Sorg; it included rates at that time,
Mayor Ferre ,.that we send any and every issue that pertains to the
Waterfront will go first before the Waterfront Board, Now I don't
remember that we excluded rates out of that, did we?
Mr, Plummer; No. The only thing that I remember that we excluded was
Watson Island,.,
Mr, Sorg; Which we brought back on later on,
Mr, Fluinmer; The Cp vention Center,
Mr, Fosmoen, That was on the amdendment to the Pherter,
1
Mt. Sotgt Anything dealing with the genetal public and their cost
itivovied should be before the Waterfront Board
Mr. plummet: It was ihy understanding that that was the thing that 'would
go bdi6te the Watetftant Board
Mr, I'ostnoen: That gay be the cage
Mr. Sorg: 1 would ask that you bring this back to the Waterfront Board)
sit.
Mr. Fosmoen: My only point is that we expect to generate $1000,000 in
revenue as a result of this
Mayor Ferret That may be, Mr. Fosmoen. Itm 100% in favor of this I
think it is long, long overdue. I'll vote for it, and I'll vote for it
as vigorously as I can. That's not the point. The point is that when
we created a Waterfront Board it had a purpose. 'The purpose was that we
wanted to get a citizens committee. And the citizens committee was
supposed to deaf with these issues and that includes rates. So...
Mr. Fosmoen: Okay, fine. We'll take it to the Waterfront Board,
Mayor Verret ...I agree. Now, Mr. Sorg, in the interest of...
Mr. Sorg: We're not opposed to the rates, and I don't think that the
people living on the marinas piers are opposed to the rates, but I think
a proper discussion is what we're asking for.
Mayor Ferret Stuart, in the interest of saving time so we don't get into
a big hassle, I'd like to pass this on first reading like the County _
does, understanding that the public hearing would be at the second, and
that would give you enough time to deliberate and recommend. Okay? And
I have made a commitment that I would be heavily influenced in any and all
my votes on what the Water Board recommends. I think this is vital issue.
You're totally correct. -
Mr. Sorg: When is the second reading?
Mayor Ferret Well it would have to...I would imagine it will be the second
hearing in February. I don't 'think you can do it before then.
Mr. Fosmoen: We'll schedule it for the second meeting in February, the
26th.
Mayor Ferret All right now, and schedule it at such a time so that people
that are working people can come. Okay? And we'll try to schedule it in
the late afternoon. all right? All right, there's one more gentleman that
wants to speak. All right, is there a motion on first reading?
Mr. Lacasa; Move,
Mayor Ferret Is there a second?
Mr.. Plummer; Second,
Mayor Ferre; On first reading then only. Item 13, read the ordinance.
JAN
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING SECTIONS 53-860 53-87, 53-89i
53-90, 5303i AND 55-04 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA (1980), AS AMENDED, WHICH ESTABLISHED
DOCKAGE MATES AT DINNER "KEY MARINA AND ANNEX, MIAMARINA,
AND Tilt WATSON ISLAND MARINA, BY REPEALING SAID SECTIONS
IN THEIR ENTIRETY AND SUBSTITUTING THEREFOR A NEW
SECTION AUT14ORIEING THE CITY MANAGER TO ANNUALLY tc ratISii
AND ASSESS NEW DOCKAGE RATES UPON CONSIDERATION OF -
DESIGNATED CRITERIA; ESTABLISHING AND ASSESSING NEW
DOCKAGE RATES FOR THE PERIOD FROM MARCH 1, 1981 THROUGH
SEPTEM999 30, 1981, PURSUANT TO EXHIBIT A ATTACHED
HERETO; CONTAINING A REPEALER PROVISION, A SMRABILITY
CLAUSE, AN EFFECTIVE DATE
Was introduced by Commissioner Lacasa and seconded by Commissioner Plummer
and passed on its first reading by title by the following vote:
AYES: Commissioner J. L. Plummer, Jr.'
Commissioner Joe Carollo
Commissioner Armando Lacasa
Mayor Maurice A. Ferre
NOES: Bone
ABSENT: Vice -Mayor (Rev.) Theodore R. Gibson
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
ON ROLL CALL:
Mr. Carollo: I'll vote yes ,on first reading as long as the information
that the adminsitration that has given us is correct. If I find out on
second reading that it is not correct, I will be voting, no.
Mayor Ferret Well you'd better make sure that it's correct. And if it
-
is incorrect, I would expect for you to send all, the members of the
Commission, you know, the correct information. In other words, you'd
better...Mr. Jennings, you'd better double check and triple check that
these rates that you're saying people are charging,, which is I understand
x
the thrust of what Commissoner Carollo is saying are correct. And you'd
better go talk to the people out there that are paying these rates to make
sure that there isn't something that's under question.
Mr. Jennings; We certainly will. Yes, sir.
h
Mayor Ferre: We'll see you on the 22nd,
`JAB!
A
h
23. VIBST 11BAM4 0111DINAA-M. kBDUCD QUORUM POP, AFFIVIATIVE ACTIOI
ADVISORY BOA.2D AND tSTAbLISIi POI17T SYM14 FOR ATTRi4bANCG CV .
i�fiiBRRS
Mayor-Ferre: All right, we're on item number 140 gentlemen, What's the
will of this Commission? item 14. I've got a comment and that is if
people are not going to these meetings, Mr, Fosmoen.
Mr. Fosmoeit: Yes, sir.
Mayor Ferro: It seems to me that we ought to go on record that after'
2 or 3 unexcused meetings, whoever is not going to these meetings ought
to be dropped.
Mr. Fosmoen: We have a point system in Planning and Zoning and perhaps
we should recommend that to the Affirmative Action Advisory Board.
-Mayor Ferre: Well I'd like to have somebody move here before we do
anything else, that the point system that we're using in other boards
also be applicable to the Affirmative Action Advisory Board.
Mr, Carollo: I'll move that and also move the...
Mayor Ferre: I'll move that first. I just want to ask that whoever is
in charge of counting points, they'll do more accurate of a job than has
been done on Zoning and Planning.
Mr. Plummer: Mr. Mayor, I want to tell you something. I've got a problem.
Mr. Mayor...
Mayor Ferre: Wait, wait. Plummer, hold on. We have a motion on the floor
that the same...
Mr. Lacasa: What is the motion.
Mayor Ferrer Joe, repeat your motion again.
- Mr. Carollo: The motion is that we establish a point system similar to
the point system in the Zoning and Planning Boards on the Affirmative
Action Advisory Board.
Mayor Ferre: Okay, is there a.second to that.
Mr. Lacasa: I second it.
Mr. Plummer; All right, under discussion. Is tht in lieu of item 14?
Mayor Ferre: No, no, of course not.
Mr. Carollo: No.
Mayor Ferre; It has nothing to do with item 14 before us except that the
comment was made while you were out of the ;room* or whatever, that I made
a comment to Mr. Fosmoen that people who don't participate and who don't
show up to any of the meetings should be dropped. And Mr, Fosmoen said
well maybe we aught to do the same thing we do in the Zoning Board and
that's how this motion was made.
Mr, Plumer; Okay, But you know, if we do that, Mr, Mayor, then that's
why 1 thinly we con substitute that for item 14,
Mayor, Ferre; Well then you take that motion after, But right now we've
got thin motim,,are you speAking against it?
Ow
JAN22 1981
'fit -
1
1
Mt. Piumtttt: I'm tint speaking against the point systeti, Vtn speaking
against item 14
Mayot Pette. That`s not bef6te its+
Mt. Plufinet: Thank you. -
Mayot Fette: Putther discussion on the motion made by Commissioner-
Carollo, Cali the toll,
The following motion was introduced by Commissioner Carullo, who
moved its adoption:
MOTION NO, 81•-52
A MOTION OF THE CITY COMMISSION AUTHORIZING AND
DIRECTING THE CITY MANAGER TO ESTABLISH A POINT
SYSTEM FOR THE MEMBERS OF THE AFFIR:4ATIVE ACTION
ADVISORY BOARD SIMILAR TO THE ONE ALREADY IN USE
BY THE ZONING BOARD AND THE PLANNING ADVISORY BOARD
CONCERNING ATTENDANCE OF MEMBERS TO BOARD MEETINGS
Upon being seconded by Commissioner Lacasa, the motion was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Joe Corolla
Commissioner Armando Lacasa
Mayor Maurice A. Ferre
NOES None
ABSENT: Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Ferre: Now Mr. Plummer, to item 14. You want to speak against
it.
Mr. Plummer: Mr. Mayor, I just really believe that if people don't want
to attend, they shouldn't attend and they shouldn't be a member. And I
see no problem with the quorum of 8. The board is what, 15 people?
Mr. Fosmoen: Yes, sir.
Mr. Plummer: And I would really, you know, hate to feel that we've got
to reduce the standards of not having the input of the people, you know,
especially when we sit here and we take the time to make sure that those
boards are balanced by the community.
Mayor Ferre: Okay. Anybody else have a different opinion?
Mr. Corolla; I think that if the people on that board cannot get enough
of a quorum at times, and they want 6 members to constitute a quorum,
I'll go along with It. As long as business gets done, that's my main
.concern.
Mr. Plummer; You know, reduce the board down to 13 if that's the case,
Mayor Terre; Who wants to make the motion.
Mr. Corolla; I'll move it.
Mayor Ferre Thore's a motion on flrst and second ... you can't got is on
second roading, aaeasue Piunpar is against it. "Where is 4 motion on
first reading on item 14, Jr. there a second?
Mr, P1ummor Second.
JAN 2
�sT
Mayat Perre: Further dise0sioo7 Read the 6rditiknee.
(AT THIS PdINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD)
Mayot Terre: Call the toll, fitst reading.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING SUBSECTION 8 OP 91 014
ORDINANCE NO. 0139, ADOPTED JULY 24th, 10800
WHICH REESTABLISHED THE CITY OP MIAMI's
APPIRMATIVE ACTION ADVISORY BOARD, BY
PROVIDING FOR A REDUCTION IN THE NUMBER, OP
MEMBERS REQUIRED TO CONSTITUTE A QUORUM FROM
EIGHT MEMBERS TO SIC MEMBERS; CONTAINING A
REPEALER PROVISION An A SEVERABILITY CLAUSE i
Was introduced by Commissioner Catollo and seconded by Commissioner Plummer
and passed on its first reading by title by the follbvitig vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Joe Carollo
Commissioner Armando Lacasa
Mayor Maurice A. Ferre
NOES: None
ABSENT: Vice -Mayor (Rev.) Theodore R. Gibson
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
24. ACCEPT GRANT: YORUBA SPANISH HERITAGE PROGRAM �
Mayor Ferre: Take up item 16, Spanish Heritage Festival, accepting...
oh, I'm sorry, 15. It's the same thing. All right is there a
motion?
Mr. Carollo: Move.
Mayor Ferre: It's been moved...
Mr. Plummer: Second,
Mayor Ferre: and seconded. Further discussion? Call the roll,
(CONTINUED ON NEXT PAGE)
toy
1
The f6il6wji5g tesoiutiot' Vag ittroduted by Commissioner Gat'ollo, Who
ftVed its ed6ptibn: _
RESOLUTION NO 81-53
A RESOLUTION AUTHORIZING THE CITY MANAGER TO -
ACCEPT A GRANT FROM[ THE NATIONAL ENDOWMENT FOR
THE ARTS FOR A PROJECT ENTITLED "YORUBA/SPANISH -
HERITAGE PROGRAM' AND FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE THE NECESSARY IMPLEMENTING
CONTRACTS AND AGREEMENTS UPON RECEIPT OF THE
GRANT
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote:
AYES: Commissioner J, L. Plummer, Jr.
Commissioner Joe Carollo
Commissioner Armando Lacasa
Mayor Maurice A. Ferre
NOES: None
ABSENT: Vice -Mayor (Rev.) Theodore R. Gibson
25. FIRST A10 SECOAD READING ORDINANCE: YORUBA SPANISH HERITAGE
FESTIVAL
Mayor Ferre: Now we're on item 16, ordinance first and second reading.
All right, this requires 4 votes. Do you want to move that again, Joe?
Mr. Carollo: Move.
Mayor Ferre: All right., Commissioner Carollo moves item 16.
Mr. Lacasa: Second.
Mayor Ferrer Seconded by Lacasa. Further discussion? Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE
NO, 8719, ADOPTED OCTOBER 26, 1977, THE SUMMARY
GRANT APPROPRIATIONS ORDINANCE, AS AMENDED, BY
ESTABLISHING A NEW TRUST AND AGENCY FUND
ENTITLED: "YORUBA/SPANISH HERITAGE PROGRAM"
APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN
THE AMOUNT OF $15,000 CONSISTING OF $9,OQO FROM
THE NATIONAL ENDQWMENT FOR THE ARTS AND $6,Q00
FROM THE CITY OF MIA 'S FISCAL YEAR 1980-81
MATCHING VMS FOR GRANTS hCCOUNT; CONTAINING A
. REP&ALER PROVISION AND A SEVEEASILITY CLAUSE;
AND AISPENSING WITM THE REQUIREWE _T OF READING SA1E
ON TWO SEPARATE DAMS BY A VOTE OF NOT LESS THE
FOUR -FIFTHS OF IRE WMER5 PF IHE COMKI SION
(CONTINUED ON NEXT WAGE
�QQ
tat JANV."
��1
Was inttoduced by Cofih3iissionet carollo and seconded by CdMiaaidbet
Lacasao for adoption putsuSnt to Section 4o PatagtAph (f) of the City
Chatter dispensing 'With the tequiterAeftt of reading same on two separate
days by a note of not less than fotft=fifths of the th6mbers of the City
Commisaion t
AYES: Commissioner J. L. Pluftber; Jr.
Commissioner Arftndo Lacasa
Commissioner Joe Carollo
Mayor Maurice A. Pette
NOES: None
ABSt...T: Vice -Mayor (Rev.) Theodore R. Gibson
Whereupon the Commission on motion of Commissioner Carollo and seconded
by Commissioner LacaSao adopted said ordinance by the following vote:
AYES: Commissioner J. L. Plummers Jr.
Commissioner Armando Lacasa
Commissioner Joe Carollo
Mayor Maurice A. f'erre
NOES: None
ABSENT: Vice -Mayor (Rev.) Theodore R. Gibson
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO, 9234
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and copes were available to the public.
126. FIRST A!1D SECOND READING ORDINANCE: APPROPRIATE ADDITIONAL
REVENUE KWANZA FESTIVAL - 4TH YEAR
Mayor Ferre: Now on the Kwanza Fesitval, 4th year.
Mr. Lacasa: Move.
Mayor Ferrer Moved by Lacasa. Is there a second?
Mr. Carollo: Second.
Mayor Ferrer Second. Further discussion? stead the ordinance.
(AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD)
Mayor Ferret Call the roll
(CONTINUED ON NEXT PAGE)
LOO
��t
AN ORDINANCE ENTITLED -
AN WINANOE AMMING SECTION l Off' ORDINANCE NOS
87191 AbOPTED OCTOBER 26, 10771 THE SUMMARY
GRANT APPROPRIATIONS ORDINANCE, AS AMENDEbi BY
INCREASING THE APPROPRIATION FOR THE TRUST AND AGENCY
FUN$ ENTITLED: "fWAN2A FESTIVAL Oth YEARS" BY AN
ADDITIONAL REVENUE of $5,000 FROM $65,000 TO
.$80,000, FOR THE OPERATION OF "SAME; SAID ktVENUE
TO BE PROVIDED BY THE NATIONAL ENbOWMENT FOR THE ■_
ARTS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND bISPENSING WITH THE
REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY
A VOTE OF NOT LESS THAN FOUR-PtVTHS OF THE MEMBERS
OF THE COMMISSION
Was introduced by Commissioner Lacasa and seconded by Commissioner
Carollo, for adoption pursuant to Section 40 Paragraph (f) of the City
Charter dispensing with the requirement of reading same on two separate
days by a vote of not less than four -fifths of the Commission:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Joe Carollo
Commissioner Armando Lacasa
Mayor Maurice A. Ferre
NOES: None
ABSENT: Vice -Mayor (Rev.) Theodore R. Gibson
Whereupon the Commission on motion of Commissioner Lacasa and
seconded by Commissioner Carollo, adopted said ordinance by the following
vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Joe Carollo
Commissioner Armando Lacasa
Mayor Maurice A. Ferre
NOES: None
ABSENT: Vice -Mayor (Rev.) Theodore R.'Gibson
- SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9235
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 availableto the public.
8 JAB 1
• t 'y . R Y 73F3en'!.rp#II#,n.ApR�.sir�
2 , L
ONTPAACT COCOIXt GROVE LOCAL bEVELOPxtNT COtjORATIoj4y
WRH00b ECO1•I0141C Mt.%OP=t T P►.OGRkI
i -
Mayot Pertet All right, Nov Were on item number 18, Authorizing
the Manager to ettecute a contractual agreement With Coconut Ctove local �
Cb for 50,000 for the Purpose of implementing the neighborhood and all that, {
That's not controversial is it? t
Mr, Plummer! Mr, Mayor, t had thy secretary check with Father'Gibsonis
secretary, It has been run by him and he is in accord. And Vm sure,
otherwise I would have asked that it be Withheld.
Mayor Ferret Plummer troves,
Mr, Plummer: I move,
Mayor 'Ferret Is there a second?
Mr. Carollo: Second.
Mayor Ferrer Further discussion on 18? Call the roll,
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 81-54
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED CONTRACTUAL AGREEMENT WITH
THE COCONUT GROVE LOCAL DEVELOPMENT CORPORATION
INC. FOR AN AMOUNT NOT TO EXCEED $50,000 FOR THE
PURPOSE OF IMPLEMENTING A NEIGHBORHOOD ECONOMIC
DEVELOPMENT PROGRAM, IN THE COCONUT GROVE CD
TARGET AREA WITH FUNDS ALLOCATED THEREFOR FROM
THE SIXTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
THIS AGREEMENT WILL BE EFFECTIVE FOR .THE PERIOD
NOVEMBER 1, 1980 TO JUNE 30, 1981
(Here follows body of resolution,omitted here and on file
in the Office of the. City Clerk).
Upon being seconded by Commissioner Carollo,`the resolution was
passed and adopted by the following vote:
AYES: Commissioner J, L, Plummer, Jr.
Commissioner Joe Caroilo
Commissioner Armando Lacasa
Mayor Maurice A, Ferre
NOES: Nona
ABSENT; Vice -Mayor (Rev,) Theodora R. Gibson
JAN
r�
r28.
t
MCUTE AGRcEntE I. EVtciSOW DODGE 1ACs TO PROVIDE HOUSING
VtNANCIAL ADVISORY SERVICES, LOW
�ODtF`rA'L�'.. II�COt� HOUSItfG
Mayor Perte: All tight, 15, Any problem with that one?
Mr. Catollo: Move,
Mayor Perre: Moved by Carollo. Is there a second?
Mr. Plummer: Second,
Mayor Terre: Seconded by Plummer, Further discussion? call the
roll.
The following resolution was introduced by Commissioner Carollo,
who
moved its adoptions
RESOLUTION NO. 81-55
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT WITH EVENSON-DODGE, INC. TO
PROVIDE HOUSING FINANCIAL ADVISORY SERVICES TO
ASSIST IN DEVELOPING ALTERNATE FINANCING METHODS FOR
THE PRODUCTION OF HOUSING FOR LOCH AND MODERATE
INCOME FAMILIES USING FUNDS NOT TO EXCEED $30,000
FOR SAID SERVICES FROM PREVIOUSLY ALLOCATED COMMUNITY
DEVELOPMENT FUNDS
(Here follows body of resolution, omitted here and on
file
in the Office of the City Clerk) .
Upon being seconded by Commissioner Plummer, the resolution
was
passed and adopted by the following votes
AYES: Commissioner J. L. Plummer, Jr,
Commissioner. Joe Carollo-
Mayor Maurice A. Ferre
NOES; None
ABSENT; Vice -Mayor (Rev.)` Theodore.R. Gibson
Commissioner Armando Lacasa
103
JAN 2 2 1981
•
29 � b ECHTE AG&EEtiE��fis: VAktOus SCHOOLS FOR TRAINING SERA tCtS
OETA TITLE It-b AAt V1 PART1CIPANT8
Mayor Perre! Take up 20. Any problems with that? Is there a motion?
Mr. Plummet, Well I just want to make sure, Mr. Mayor, that last year
was =_
a very very controversial thing. Everything is in accord? Everything
is
in order?
_
Mayor Ferre: They've covered everybody. There's 13 people getting funds
or whatever. And I don't think there's an organization in Miami that
isn't being taken care of.
Mr. Plummer: Well Plummer 's School for Teaching Lacasa how to speak
English
is not beingcovered.
. (LAUGHTER) I move.
Mr. Carollo: Is that Layola School over there.
Mayor Ferre: Is there a motion on 20?
Mr. Plummer: Yes, I made it.
Mayor Ferret Plummer moves. Is there a second?
Mr. Carollo: Secoind.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer,
who
moved its adoption:
RESOLUTION NO. 81-56
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER
TO ENTER INTO AGREEMENTS WITH: (1) GARCES COMMERCIAL
COLLEGE, INC., (2) CHARRON WILLIAMS COLLEGE, INC. (3)
MIAMI DADE COMMUNITY COLLEGE, (4) MTI SCHOOL, INC., (5)
DATAMERICA INSTITUTE, INC.',(6) FLORIDA CAREER INSTITUTE,
INC., (7) SER-JOBS FOR PROGRESS, INC., (8)'SET
CORPORATION, (9) EDUCATIONAL TECHNOLOGIES, INC., (10)
PHILLIPS CULTURAL CENTER, INC., (11) IDEAL SCHOOL FOR
HEALTH CAREERS, INC., AND (12)'SEOANE GENERAL WELDING
IN SUBSTANTIALLY THE FORM ATTACHED HERETO, FOR THE
PURPOSE OF PROVIDING PROFESSIONAL TRAINING SERVICES IN
THE AREAS OF LANGUAGE, REMEDIAL, AND VOCATIONAL SKILLS
FOR THE CITY OF MIAMI'S CETA TITLES II^D & VI
PARTICIPANTS WITH FUNDS THEREFOR ALLOCATED FROM THE
CITY OF MIAMI"S CONTRACTS WITH THE SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk),
Upon being seconded by Commissioner Carollo, the resolution was
passed and adopted by the following vote;
AYES: Commissioner J, L. Plumm-sr' Jr.
Com-missioner Joe Carollo
Mayor M4urice A. Form
NOES. Nona
ABSENT: Vtg0- ycr (Rev,) ThcQdQr@ R, 0J'bso
C-9MMUNtow Aro4ndo Lama
104
of __
SO, btftkAAL OP AGREFI�i'T. B15CAVAE BAY YACHT CLUB
Mayor Fetre: Take up 21, f saw pain Barnes around here a little while
ago. is that Paul? is that YoUtt Paul, What does that mean, yes
or to? Maybe?
Mr, Fosmoen: We have an agreement On lease for the bay bottom.
Mayor Fevre: Anybody disagree with it?
Mr. Plummer: Yes.
Mayor Ferre: Do you have a problem with it?
Mr. Plummer: Yes,
Mayor Ferre What's your problem?
Mr. Plummer: My problem, Mr. Mayor, is twofold, One, is Father Gibson's
concerns expressed very strongly last year, and also I have to have a
little bit more information where this is a closed club. I have to have
some more information.
Mayor Ferre: We went through the same thing with the Coral Reef Yacht
Club.
Mr. Plummer: No,this one is a little bit different.
Mayor Ferre: I'll tell you. The only question I would have is is this
deal in any way different...
Mr. Plummer: Has it been before the Waterfront Board? And you approved it?
Mayor Ferre: Did the Waterfront approve it? Is it any different from what
we gave the other yacht club there?
Mr. Harrison: It went before the Waterfront Board, and they unanimously
endorsed it.
Mayor Ferre: Is it any different from the deal we signed with the Coral
Reef Yacht Club?
Mr. Fosmoen: There is one difference. The Coral Reef Yacht Club, they
agreed to provide us with the necessary right of way if the widening of
Bayshore ever came about or we needed it for a bike path expansion. We have
not been able to negotiate that point with Biscayne,
Mayor Ferre: Why is that Paul?
Mr, Paul Barnes; We own the property there and we don't want to give it
away.
Mr, Plummer; Well let me ask another question,
Mayor Ferre. We own the property in the bay and we don't went to give
it away either,
Mr, Plummer; Mt. FPamcen, isn't there, waar;'t there.. it''s coming back
Wasn't there also another question about the waluway on the water sjd@9,
KT Feemoan Not with Coral Roof,
Mr, Harrison; Not sit because they own the uplands, :Commissioner Plummer.
(.I re`
Mr. Plummm. Ito d6a?
Mt. Matria0at Biscaytie Bali Yacht Club.
Mt, P umeft What about total Reef?
Mt. Mattiaot► . They own the uplands also
Mt. Foswew We do not have an agteement...
Mr. Plummert And we did not get an agreetlent from them?
Mr. Fosmoent No, sir.
Mr. Mattison! No, site. —
Mr. Fosinoent We did with Coconut Grove,
Mayor Ferre: They don't own the uplands.
Mr. Fosmoen: They don't own the uplands.
Mr. Plummer: But what you're saying is the difference in the 2 contracts
is that Coral Reef gave us the widening privelige...
Mr. Harrison: They gave us the bike path, yes, sir. 18 feet.
Mr. Plummer: And these people are not willing to do so.
Mr. Harrison: Did no. No, sir.
Mr. Plummer: Okay.
Mayor Ferre: Well why don't you approve it with that condition.
Mr. Plummer: Now let me speak to the economic end of it. What...
Mayor Ferre: J. L. excuse me. Mr. Palott. I see that you and
your associates are here and I think I see people coming in for the
7 o'clock meeting. I would guess that we have another 15 to 20
minutes of disucssion on the morning agenda. Ile have not —there are
some of us who 'haven't eaten lunch and we're going to have to break
for at least an hour to have people rushed a little bit, go to the
bathroom and have a little bit to eat, otherwise we're going to have
problems with the zoning hearing. So those of you that wish to you, I
think you can safely assume that we won't start until well after
8 o'clock. My guess is 8;15.
(INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD)
Mayor Ferre: What item is that?
(INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD)
Mayor Ferre; I will take that up after this as long as it's not
afterwards.
Mr. Plummer; The man has got to prove to me there's an emergency or I'm
going to invoke. Okay?
Mayor Ferre; J. L, they've been waiting all afternoon
Mr. Plummer. Mr. mayor, and I've been here since B o'clock this
morning, Now I'm saying as a courtesy, is this man tells me he has a
legitimate emergency, I'll consider, Aut we have set a policy around
Mayor Ferre. Well I don't think there'e anybody else in line other than
the zoning hearing, This to non -zoning matter.
it .0
10.6
i`
Mr. Plutnett Okay. But I want to hear the emergehdY4
(INAUDIttit BAC'ikCROtNb COMM= PhACtb ObtSIbR Of TRt PuBUC RBCOkb)
Mt, P1u5m►et: Sits they'te scheduled agendas. All tight sit, And
people are here'On scheduled agendas.
Mayor ferret 'Thete is nobody else, that's the point, on the scheduled
agenda. Go ahead. I will hope that we'll take it up before we break.
Okay.
Mr, Plummer! Mr. Mayor, on item,,,wefre on item 21, I'll wove that that
item be defetted for further negotiations.
Mr. Carollo: Second,
Mayor Terre: All right, there's a motion and a second. Paul,
Mr. Barnes: As far as further negotiations, our position is that the
docks are on navigable water that we created, and so therefore, we don't
have to sign any lease with the City. And as far as l'im concerned, the
only_2 cases that I've found, the first in our position happened to
win them. And so, as far as negotiation is concerend, we're willing to
sign this lease but webelievethat we've given the City Attorney
cases in which the people in our position always won and so therefore,
Mr. Harrison: Mr. Mayor, may I make a comment.
Mayor Terre: You may.
Mr. Harrison: If you recall a little bit of the history of this, when
there were 5 yacht clubs given to the administration to negotiate the -
leases on, on this particular case with Coral Reef and Biscayne Bay
Yacht Club, they were solely for bay bottom. This is very similar
to the one that we have with American Design and Development, and your
memorandum that was in your packet explained all that. The situation
we have here, we could have been in court, and it's been the total
thrust for us not to get into a long drawn out court battle. This has
been submitted to the City Attorney's Office and reviewed by them.
A 13 page memorandum of law as prepared by Paul Barnes Law firm, and the
chances of us winning in a litigation are 50-50 at best.
Mayor Ferre: Well I'll tell you, I know Paul Barnes and his law firm,
and I would say that you are a little bit off. If he's got a 13
page memorandum_ that says he's going to win, I would...
Mr. Plummer: Yeah, but he hasn't seen my 15 pages. -
Mayor Ferre; I would respectfully say that you'd better listen very
carefully to what that...I wish you'd told me that in the beginning
Paul. We would have saved a little time. Are you sure you want to go
ahead with this J. L.?
Mr. Plummer; Sure.
Mr. Barnes; Incidently, from a situation...
Mr. Harrison; Mr. Mayor.
Mr. Barnes; Frankly, a situation for the City to consider is that
factually we are in about a good a Position as you can he since we
created the navigable water and we were there first:. So therefore, if
the City litigated and lost our case, it -probably would limit the
ability of the City to lease bay bottom to anybody,
Mayor For r,re; Paul, we need more time for the laywors, So I think the
;notion that Plummer made is to defer this item, We'll discuss thie
February 11th, I'm sorry to ta'ko so mu r,h of your time, is tbt tho
motion Plummer that l uT14eratood you to moo,
107 JAN 981
is�
Mr: Barnes: Pot the record, my name is Paul Bathes, Jr.
Mayot Ferre: Okay, Putthet discussion? All right, we're about to
vote Oft this. Cab. We get a third tneinbet of the Coftnissibhi either
Lacasa or Catollo back in the room? Oh, there's Lacasa, Call the roll =
Eft defettdl. Moved by P1ufi net, 6et6hded by Lacasa. Call the doll
THERUPON, on motion duly made by ComMisSioner Plummer and seconded by Commissioner Lacasa, the City
C6tfttission nEFERREb CONSIDERATION OF THE ABOVE -
MATM TO the February 11th, 1581 meeting, BY THE FOLLOWING
VOTE:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Armando Lacasa
Mayor Maurice A. Ferre
NOES: None
ABSENT! Vice=Mayor (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
31. URGE FLORIDA LEGISLATURE TO ALLOW DADE CCUITY TO MAINTAIN
SOUTH FLORIDA BUILDING CODE FOR DADE COUINTY
Mayor Ferre: We're now on item 24 which is the Dade County ... all right,
we're on item 24, strongly urging the Florida Legislature to allow
Dade County to maintain the South Flordia Building Code and so forth.
Plummer moves, Lacasa seconds.
Mr. Plummer: Mr. Mayor, I want an emphasis that I moved that because
let me tell you something...1 think, well the Chief is here and could
speakforit, but I'think that what we'd better understand, the reason
we're pushing so strongly for this is the possibility of the State
pre-empting our South Florida Building Code which is much mor rigid than
what is being proposed by the State. ,For example, the State is
proposing to possibly go to an alternate or an ... non an alternate...
Mr. Fosmoen: Non -sprinkle building
Mr. Plummer: A non sprinkled building at the option of the owner. Now,
you know, I think if nothing more, we need to remember the tragedy of
Mayor Ferre: All right, further discussion? Call the roll, please.
(CONTINUED ON NEXT PAGE)
toy ?� ',+ r t , , F•
The folidWiflg tesolutift V66 introduced by Coi iggioiief Piuinmerj who
tidved its adoption:
RESOLUTION NO, 81-57
A RESOLUTION STRONGLY URGING THE FLORIDA LEGISLATURE
TO ALLOW DADE COUNTY TO MAINTAIN THE SOUTH FLORIDA _
BUILDING CODE AS THE BUILDING CODE FOR DADE c:OUNTY9
AND DIRECT= THE CITY cLERK TO FORWARD COPIES OF
THE HEREIN RESOLUTION TO CERTAIN DESIGNATED PUBLIC
OFFICIALS
(Here follows body of resolutiottf omitted here and on file
in the Office of the City Clerk),
Upon being seconded by Commissioner'Lacasa, the resolution was
passed and adopted by the following vote:`
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Armando Lacasa
Mayor Maurice A. Ferre
NOES: None
ABSENT: Vice --Mayor (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
32. ACCEPT COiiPLLTED WO;U(: :SIRE STATION No. 4
Mayor Ferrer 25. Accepting completed work of San -Mar General...
Mr. Plummer: As modified.
Mayor Ferre: What?
Mr. Plummer; As modified.
Mayor Ferre As modified. Plummer moves, Lacasa seconds. Further discussion?
Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption;
RESOLUTION NO, 81-58
A RESOLUTION ACCEPTING THE WORK COMPLETED' TO DATE EX
SANMAR GENERAL CONTRACTORS, INC, ON THE FIRE STATION
NO, 4 BID "B" (2ND BIDDING) PROJECT; AND AUTHORIZING
THE CITY MANAGER TO REDUCE THE 10% RETAINAGE ON THE PROJECT
TO 10%
(Here follow$ body of resolution, omitted here And on file
in the Of f iCo of the City Clerk)
Upon being seeQnded by Commissioner Lapapav the resolution was
passed and Adopted by the following vote.
JAN
AYE5: Co3 iiissit3tiet ► L, Plummet, .fir
Coimitiss3o iet Atfh6 ido Laeasa
Mayor Maurice A, Pefte
Noes; f�ofie
AtSENTt Vice -Mayor (Atv,) Theodote R. Gitison
Comtnissiohdr Joe Caiollo
FOLLOWfNG ROLL CALL'.
Mayor Ferret All tight, go ahead, item 25►
Mr, Juan San Martin'. My name is Juan San Martin I'm with Sanmar
General Contractors,,
Mayor Ferret Yestsir.
Mr. San Martin: I would just like to know how the item is modified.
,it- Plummer: modified to retaining 1% rather than 10.
Mr. San Martin: Is there an explanation as to why?
Mr. Plummer: Yes, until the building is completed.
Mr. San Martin: Do you know what is missing in the building?
Mr; Plummer: Yes, sir.
Mayor Ferre: Well tell the man.
Mr. Plummer: We just gave him the memo.
Mayor Ferre: Okay.
33. ' CONFIRM REAPPOINTMENT OF DOD MARC-A, JR. AS SECOND REPRESENTATIVE
OF CITY OF NtlAIII POLICEKLA TO CITY OF %II&vl ENPLOYEES ;
RETIRL?IEiiT'BOARD SYSTEi
Mayor Ferre: 28.
Mr. Plummer: I -move it.
Mr. Lacasa: Second.`
Mayor Ferre: All right,its been moved and seconded. Further discussion
Call the roll on 28.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption;
RESOLUTION NO, 81-59
A RESOLUTION CONFIRMING THE REAPPOINTMENT OF DONALD F,
MARCH, JR,, AS SECOND REPRESENTATIVE OF THE CITY OF
MIAMI POLICEMEN, TO THE RETIREMENT BOARD OF THE MIA
MI
CITY EMPLOYEES' RETIREMENT SYSTEM FOR A TERM TO EXPIRE
ON DECEMBER 314 198
(Here follows body of reaoluti.on, omitted here and on file
In the —Office of the city CICTO.`
Rio
tp h being setonded by Commissioner t.acasa, the resolution was
sassed and adopted by the i6ll6witg mote:
AY . C6ff0is8i6ner J. b. Plummet, Jr
Coiiimi8siotier Armando Eacasa
Mayor Maurice A. Fevre
NOES: None
ABSENT! ,Vice -Mayor (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
34. DISCUSSION ITE:v1: SQUATTERS 'Oi. PRIVATE PROPERTY
COCOIIUT GROVE XXT F .STIVAL
(See Item 37 Same Ifeeting)
Mayor 'Ferret 29... no...
Mr. Plummer: We've done 29.
Mayor Ferret No, no. This is the issue that Joann Holzhauser is here
on.
Mr. Plummer: No, no. That's not the issue she wants to speak to now.
We've done 29.
Mayor Ferret The Chair would, if you will permit me to be a little bit
liberal in the ruling, that it is generally in the same gender and I
will now recognize you, Joanne.
Ms. Joann Holzhauser: Could I let Mr. Welchel who is president speak
because I'm.
Mayor Ferret Yes, please. Go right...
Mr. Fosmoen: Mr. Mayor, you need 4 members to pass this. It's on an
emergency basis.
Mayor Ferret We'll get Joe Carollo back in a momenta
UNIDENTIFIED SPEAKER: Are you all discussing item 29 or the emergency
ordinance?
Mr. Fosmoent The emergency ordinance,
1XIDENTIFIED SPEAKER: I'd just like to make a quick statement that Mr.
Spencer Meredith who is President of the Chamber of Commerce and I have
agreed to. I've written it down so there is no misunderstanding between
us so the Commission will'eoinsider. This is a statement of Spencer
Meredith, President of the Coconut Grove Chamber of Commerce he's stated
that he has no objection to the ordinance as written, although he has not
had time to consult and discuss the ordinance with his board -of
directors, We are also very much in favor of this ordinacne. It works
out e lot of the problems that have taken place in the past with the
Coconut Grove Festival,
Mayor Fevre= Okay, Anybody eelse want to comment on this?
W, PlwPor; Where is the ordinarice' I dQA't have A copy Qf the
Qrdi.nance,
tot
r
Mayor Ferret This is an ordinance that would regulate the selling and
loaning of private propetty tot the purpose of petiAttiiig persons to sell
merchandise in the open aito permit the City Manager to establish
minimum standatds and guidelines in connection with the size and space
required of each vendor in order to safeguard the health; Safety, and
welfare of the publics All right -
Mt, Plummer: You know# because I'm looking at something here that I'm -
going to tell you something 1 think is going to be impossible to enforce.
I'm all for it but, let me tell you something... all tight, now, does the
same apply to each of the people who have the so called legit spaces?'
They've got to get Occupational licenses also.
Mr. Posmoen: Yes. They have to get occupational licenses but you have
waived the fees Commissioner.
Mr. Plummer: We did?
Mr. Fosmoen: Yes.
Mr. Plummer: That's not going to be questioned?
-Mr. Fosmoen: Oh, I apologize.
Mr. Plummer: Well look. All right, nows if they don't do it, what are
you going to do to them?
Mr. Fosmoen: You'll notice in the ordinance, that the lot owner becomes
responsible for making sure that the vendors on his lot have occupational
licenses, ad he is responsible under the penal code for a fine up to
$500.
Mr. Plummer: Or 60 days in jail?
Mr. Fosmoen: That's under the penal code, sir.
Mr. Plummer: Well Mr. Fosmoen, let me tell you something, sir. I want
you to understand that you're not going to put anybody in jail from the
Coral Gables Woman's Club. Look, I'm saying to you, I'm saying to you, sir
that anything or any properties has got -to be noticed. They've got to
have advance warning because I don't want somebody coming up here screaming
at me saying, hey I didn't know and now you're telling me $500'and
60 days in jail.
Mr. Fosmoen: It is our intention, if you pass this, to notice every
owner in the area by registered mail because of the short time constraint,
sir,
Mr. Plummer: That I can vote for.
Mr, Fosmoen: And there is a meeting scheduled for Monday.
Mr, Plummer; Wait a minute, what is this? That's okay?
Mayon Ferro; #ley . lunk-, ..let's stick together on this. Now, 4 a we
ready now to ;Hove along on this issue? We need for members, if you'll
sit down, the moment that the 4th Commissioner steps into the room we'll
take it up immediately.
15, CONPtP11NG RESOLUTIOW! RESCHEDULE REGULAk CITY CgiNISSIO14
hELTI1I6 TO FEBRUA:'tY lit 101
Mayor,Terre: All right' now on items 32, Mr, Plummer, rescheduling of
the City Commission meeting.
Mt, Primmer: Yes, I move it.
Mayor Ferre: Plummer :roves.
Mr Lacasa! Second:
Mayor Ferre: Lacasa seconds, Further discussion? This moves the Commisson
meeting from the 12th to the llth. Furrier discussion? Call the roll.
The following resolution wag introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 81-60
A RESOLUTION RESCHEDULING THE REGULAR CITY COMMISSION
MEETING OF FEBRUARY 12, 1981 TO TAKE PLACE ON FEBRUARY
11, 1981 AT 9:00 A.M.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Lacasa, the resolution was
passed and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Armando Lacasa
Mayor Maurice A. Ferre
NOES: None
ABSENT: Vice -Mayor (Rev.) Theodore R. Gibson'
Commissioner Joe Carollo
r36.7COOStWT. AdNbA
`.
BELL
Onless a member of the City Commission wishes to remove specific
items from this portion of the agenda, items 55-35 constitute the
Consent Agenda. These resolution are self=explanatory and are not
expected to require additional review or discussion. Each item will be
recorded as individually numbered resolutions, adopted unanimously
by the following vote:
."...that the Consent Agenda, comprised of items 33i-35 be
adopted."
Mayor Ferre! Before the vote on adopt r►g items included in the Consent
Agenda is taken, is there anyone present who is an objector or proponent
that wishes to speak on any item in the Consent Agenda? Hearing none,
the vote on the adoption of the Consent Agenda will now be taken.
The following resolutions were introduced by Commissioner Plummer,
seconded by Commissioner Lacasa and passed and adopted by the following
vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Armando Lacasa
Mavor Maurice A. Ferre
Commissioner Joe Carollo
NOES: None
ABSENT: Vice -Mayor (Rev.) Theodore R. Gibson
36.1 ACCEPT COMPLETED WORK SUNSET ENTERPRISES, INC. FOR COCONUT
GROVE BUSINESS AREA - SIDEWALK AND STREET LIGHT MODIFICATIONS
RESOLUTION NO. 81-61-
A RESOLUTION ACCEPTING THE COMPLETED WORK OF
SUNSET ENTERPRISES, INC. FOR THE COCONUT GROVE
BUSINESS AREA - SIDEWALK AND STREET LIGHT
MODIFICATIONS (2nd BIDDING) AT % TOTAL COST
OF $24,641.00; AUTHORIZING AN INCREASE IN THE
CONTRACT IN THE NET AMOUNT OF $322.00; AND
AUTHORIZING A FINAL PAYMENT OF $2,753.90
36.2 ACCEPT COMPLETED WORK -SABRE CORPORATION FOR ORANGE BOWL REPAIRS
AUTHORIZE FINAL PAYMENT, ETC.
RESOLUTION NO, 81-62
A RESOLUTION ACCEPTING THE COMPLETEDWORK OF THE SABRE
CORPORATION AT A TOTAL COST OF $271,943.60 FOR ORANGE
BOWL REPAIRS - MISCELLANEOUS - 1980; AND AUTHORIZING
A FINAL PAYMENT OF $42,765.80
363 ACCEPT COMPLETED WORK - D,M,P, CORPORATION FOR BISCAYNE BLVD,
BEAUTIFICATION PROJECT, AUTHORIZE FINAL PAYMENT, ETC,
RESOLUTION NO. 81-63
A RESOLUTION ACCEPTING THE COMPLETED WORK OF
D,M.P. CORPORATION AT A TOTAL COST OF
$694199.20 FOR BISCAYNE BOULEVARD BEAUTIFICATION
PROJECT; AND AUTHORIZING A FINAL PAYMENT OF
$64919,92
37, FIRST Alit) SECO1ib RLADI-NG ORDINAXE. "SQUATTERS" DURING THE
COMM GROVE ART FESTIVAL
Mayor Ferre: Now, Mr. Lacasa moves and Mr, Plummer seco-ids.. Plummer,
the sgtiatters; Whatever it is called, as an emergency Ordinance
(AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD)
Mayor Ferre: Further discussion? Call the roll.
AN ORDINANCE ENTITLED
AN EMERGENCY ORDINANCE REGULATING THE SELLING,
LEASING OF REAL PROPERTY PREMISES OR SPACE OR
MAKING AVAILABLE TO ANOTHER PERSON, FIRM OR
CORPORATION, REAL PROPERTY, PREMISES OR SPACE
FOR THE PURPOSE OF EXHIBITING, SELLING OR
OFFERING FOR SALE, GOODS, WARES OR MERCHANDISE
IN CONJUNCTION WITH AN OPEN AIR, OUTDOOR,
CULTURAL, ART, FOLK, OR STREET FESTIVAL, BY
REQUIRING COMPLIANCE WITH CERTAIN STANDARDS AND
BY PROHIBITING THE SAME, CNLESS SUCH OTHER
PERSON, FIRM OR CORPORATION SHALL FIRST HAVE
OBTAINED AN OCCUPATIONAL LICENSE(S) TO SO ENGAGE,
PRIOR TO MAKING SAID REAL PROPERTY, PREMISES,
OR SPACE AVAILABLE; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY:CLAUSE; DISPENSING
WITH THE REQUIREMENT OF READING THE SAME ON
TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN
FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION
Was introduced by Commissioner Lacasa and seconded by Commissioner
Plummer for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days,, which was agreed to by
the following vote;
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Joe Carollo
Commissioner Armando Lacasa
Mayor Maurice A. Forte
NOES: None
ABSENT: Vice -Mayor (Rev.) Theodore R. Gibson
Whereupon the Commission on motion of Commissioner Lacasa and
seconded by Commissioner Plummer, adopted said ordinance by the following
vote'
AYES: Commissioner J. L. Plummer, Jr
Commissioner Joe Carollp
Commissioner Armando Lacasa
Mayor Maurice A. Jerre
NOES: None
ABSENT: Vise -Mayor (Rev.) Theodore R, Gibaan
110 JAN 4
SAID ORDINANCE WAS DESIGNATED ORDINANCE NG. 9236
The City Attorney read the ordinance into the public record and
announced that copies Were available to the members of the City Commission
and to the public
3u. APPOINT AICHARD L. FOSEOEN AS CITY M iAG R SUBJECT TO 'r IS
CONTINUING STIPULATIOiv
Mayor Ferre: Now gentlemen, the only things we have left is the
question of the selection of the City Manager, Mr. Plummer, go ahead.
Mr. Plummer: I nominate a deferral, Mr. Mayor.
Mayor Ferre: In other words, what you're saying is that this item
be deferred until Father Gibson is here.
Mr. Plummer: Fair enough.
Mayor Ferre: And we have 5 members of the Commission present. Is
that your motion?
Mr. Plummer: I think, what I'm really asking, Mr. Clark, what is necessary
to continue this item for legal purposes, from this date to Fathers
return so we can have the benefit of his input.
Mr. Clark: So there is no question with respect to the previous
resolution and the authority of the City Managef to manage City offiars,
a resolution would be passed extending Mr. Fosmoen until a date certain.
i
Mr. Plummer: Do you have such a...
Mr. Clark: I have such a resolution.
Mr. Plummer: No, Joe, it doesn't take 4-5ths vote. (LAUGHTER)
Mr. Clark: Mr. Fosmoen advises me that the wording of his resignation
was such that it would be until the Commission does consider the
appointment of his successor.Now if you don't take the matter up now
the deferral would be in order. A simple deferral,
Mayor Ferre; All right, there is a motion then by Plummer. Is there
a second?
Mr. Plummer: No, no. Wait a minute now. Whoa. Let me read between
those lines.' Repeat that Mr. Clark,
Mr. Clark; By original statement based on reculiection of the resolution
number 80-831 let me read it for you, Richard Fosmoen is hereby
appointed as City Manager of the City of Miami, Florida, subject to
the continued Applicability of his written stipulation dated
September 2, 1980, said appointment to remain in effect until the next
meeting of the City Commission to be held for the purpose of considering
the selection of a City Manager but not, later than January 22, 1981,
and 1 would again sug8est to you that A resolution because of that,
those last 5 or 6 words would be proper. 1 Ito have...
Mayor Ferre; Just pass the Sate resolution with the dates February the
11�h.
116
1a_t -
Mt. ftUff lent Let me see the resolution, Well n3, Mr Mayot, Let the
tell you now. t'ftl getting to a technicality, a daft slim technicality,
Ott the recotd, Mt, Fost6oen, do you 'Volunteer that you extend that letter
of 'resignation to February the 11th.►
Mr. Vosfnoent Yes. My letter to you and to the Commission indicates that
You have my resignation on the day that the Commission considers at1
appointment. 'ThaO s what my letter says. Your tesolution says but not -
later than,
Mr. Carollot Dick, that letter has been extended so much now 1 don't
think 1'11 be able to read the handwriting on by February 11-h.
Mrs Vostoens It's a very short statement, Commissioner:
Mr. Plummer: I offer a resolution appointing Richard Fosmoen as City
Manager of the City of Miami, Florida, subject to the continued
applicability of his written stiuplation, dated September 20 1980, Said
appointment to remain in effect until the next meeting of the City
Commission to bald for the purpose of coi,sidering the selection of a City
Manager but not later than February-llth, 1981,
Mayor Fevre: Is there a second?
Mr. Lacasa: Second.
Mayor Ferre: Further discussion.
Mr. Carollo: I have one question for you, Dick. I read, I think, somewhere
in one of the papers, I think the Miami Herald, something to the effect
that you stated I think that if you weren't appointed today and this
is going to be extended longer, that you might resign. I just want to
assure you that no one is holding you back. Go ahead.
Mayor Ferrel Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 81-64
A RESOLUTION APPOINTING RICHARD FOSMOEN AS CITY
MANAGER OF THE CITY OF MIAMI, FLORIDA, SUBJECT TO THE
CONTINUED APPLICABILITY OF HIS WRITTEN STIPULATED DATED
SEPTEMBER 2, 1980, SAID APPOINTWENT TO REMAIN IN
EFFECT UNTIL THE NEXT MEETING OF THE CITY COMMISSION
TO BE HELD FOR THE PURPOSE OF CONSIDERING THE
SELECTION OF A CITY MANAGER BUT NOT LATER THAN
FEBRUARY 11,'1981
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk)
Upon being seconded by Commissioner Lacasa, the resolution was
passed and adopted by the following vote;
AYES; Commissioner J. L. Plummer, Jr.
Commissioner Armando Lacasa
Mayor Maurice A. Ferre
NOES; Commissioner Joe Caroll.o
AASENT; Vice -Mayor (Rev.) Theodore R. Gibson
ON ROLL CALL
fir, Pl:ummar; I would pay Mr. C4TAij4 i.s wrong, I know of at laas
2 thot Arc ho ding. (LAUGHTER)
'' Jf '��
t
39, FIRST ktAb= ORbl.t1AIICEi PROHIBIT OBSTRUCTION OF FRLE PASSAGE
STREETS A10 SIDEWAtxs AFTER REQUEST
BY A LAW EiiFORCE1iENT OFFICER
Mayor Vetre; All right, now the only item that's left is item "Is" from
the City Attorney, Now Lacasa, this is your issue. These are two
ordinances which I would imagine would be on first reading so there would
be time for us.,,do you want to offer them on first reading? Item "B",
Mr. Lacasa: This is an ordinance prohibiting the obstruction of free
passage over, On, or along the streets or sidewalks after request by a
law enforcement officer to cease st+.ch obstructing. Further providing
for penalties containing a repealer provision and a severability clause and
dispensing with the requirement of reading same on two separate days by a
vote of not less than four -fifths of the members of the Commission, I
so move.
Mr, Plummer: Second.
Mayor ,Ferret All right, there is a motion and a second. Is there further
discussion on first reading?
Mr. Carollo: Yes, Mr. Mayor. For the record, I know that the...
Mr. Clark: Mr. Mayor, and I'm interrupting Commissioner Carollo for the
sake of when Commissioner Lacasa read the ordinance title he read the
last two provisions which spell out that it's dispensing with the requirement...
Mayor Ferre: That's wrong. There is a motion and a second. I'll ask you
to read it again and then you can correct it. -
Mr. Carollo: I'm glad you corrected that. I was just getting into. I
would just like to briefly, so we can end this part of our meeting, state
my reasons why I am against this. The first ordinance I think is opening
itself just too much for abuse. This means that any time three black persons
in Overtown'or three Cubans in Little Havana get in a corner they possibly
might get themselves thrown in jail. I think the way the ordinance
is written, what's going to happen in actuality is that we're going to get
a lot of abuses suffered in this matter. I don't think that we're having
that many problems anywhere in our City where people can't cross the
sidewalk. The other ordinance on loitering an8 prowling, I think that our
state statutes are pretty clear on that and I would imagine that our
police officers would carry more weight going into court if they would
file the charges, make an arrest rather, using state statutes than a
City Code or ordinance. That's all. We can vote on it now if you; like.
Mr. Plummer; Well Mr. Mayor, may I do this? May I offer that we pass it
on first reading with the full intent and knowledge that prior to the
second reading that the Police Department will come here and speak to the
issue, that the only purpose that we would pass it on first reading is for
the purposes of the time frame. If that's not understood, I will withdraw
my second. Dial you hear what I said?
Mayor Ferro; You withdraw your second?
Mr, Plummer; No, I would withdraw my second unless it was fully understood
that the reading on first reading tonight to only for the time frame and
that the Police Department must Como here and speak to the issue prior
to the second vote
Mayor Ferro; very good. All right, That's a condition which I think
everybody here accepts. All right, further discussion?
All right, Call the roll,
ro
ist
JAN Q Q `
AN ORDINANCE ENTITLEti
AN ORbINANCE PkOHIBIMG THE OBSTRUCTION OF j
FREE PASSAGE OVER, ON, OR ALONG STREETS OR !
SIbEWALKS AFTER REQUEST BY A 1,01 ENFORCEMENT
OFFICER TO CEASE SUCH OBSTRUCTING; rokTHERs
PROVIDING FOR PENALTIES; CONTAINING A REPEALrR
PROVISION AND A SEVERABILITY CLAUSE
Was introduced by Commissioner Lacasa and seconded by Commissioner Plummer
and passed on its first Leading by title by the following Vote:
s
AYES: Commissioner J. L. PlumneL, it, t
— Commissioner Armando'Lacasa
,Mayor Maurice A. Ferre
NOES: Commissioner Joe Carollo
ABSENT: Vice -Mayor (Rev.) Theodore R. Gibson
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
40. FIRST READING ORDINANCE: PROHIBIT LOITERING, PROWLING IN A
TIME AI:D PLACE NOT USUAL FOR LAW
ABIDING INDIVIDUALS
Mayor Ferre: All right, now you have another one. Are you going to move
the other one?
Mr. Lacasa: I have another one. I have an ordinance prohibiting any person
from loitering or prowling in a place at a time or in a manner not
usual for law abiding individuals, under circumstances that warrant a
justifiable and reasonable alarm or immediate concern for the safetv of persons
or property in the vicinity.
Mr. Plummer: With the same stipulation attached to the first ordinance, I
will second the motion.
Mayor Ferre: Okay. Further discussion? Read the ordinance and call the
roll.
(AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE RECORD)
AN ORDINANCE ENTITLEA
AN ORDINANCE PROHIBITING ANY PERSON FROM LOITERING
OR PROWLING IN A PLACE, AT A THE OR It! A MANNER
NOT USUAL FOR LAW ABIDING INDIVIDUALS, UNDER
CIRCUMSTANCES THAT WARRANT A JUSTIFIABLE AND
REASONABLE ALARM OR IMMEDIATE CONCERN FAR THE
SAFETY OF PERSONS OR PROPERTY IN THE VICINITY
PROVIDING FOR PENALTIES; CONTAINING DEFINITIONS;
CONTAINING A REPEALER PROVISION AND A SEVRRARILITY
CAUSE
,JAN �
Wag introduced by Cofftmissionet Lacasa and seconded by Commissioner
Plufttt and passed oil its first reading by title by the following vote:
AYES: Commissioner J. t, Plumet* .Jr.
Commissioner Armando Lacasa
Mayor Maurice A. Ferre
NOES: Commissioner doe Carollo
ABSENT: ViceY-Mayor (Rev.) Theodore R: Gibson
The City Attorney read the ordinance into the public record and '
announced that copies were available to the members of the City Commission
and to the public.
41. REQUEST PREPARATIOM OF CERTIFICATE OF APFRECIATI0214 TO
BILL WOLFART11 OF THE DOWNTO 14 DEVELOPM2NT AUTHORITY
Mayor Ferre: Mr. Mayor, can I just bring up one issue, and I'm sorry I
didn't bring it up before. It's very fast. I want to remind this
City Commission that I'm embarrassed by virtue of the fact that we have
promised on either 5 or 6 occasions to send to Mr. Bill Wolfarth a
certificate of whatever normally is given for his fine and honorable
service on the DDA, and it has never been sent. And that's almost a
year.
Mayor Ferre: Marie Petit, we not only sent one, we sent two. I remember
signing the darn things.
Mr. Plummer: The man told me just the other night that it has never
been done. So you might ... Marie, would you check with him and make sure?
Mayor Ferre: I can't understand that. And I'll tell you, furthermore,
I'll tell you, -let's `do it better than that. Marie, I think Hill Wolfarth,
and Dan Gill both deserve sincere thanks.` I think we ought to schedule
a small luncheon, a dutch treat type of an affair, except for the two
honorees, and I think we ought to have you know, a' little' recognition
for their services rendered to this community, So would you schedule `
that, Mr. Manager through...
THEREUPON, the Chair TEMPORARILY ADJOURNED THE
REGULAR PORTION OF THE AGENDA, AND
PROCEEDED TO TAKE UP ITEMS BELONGING TO THE
PLANNING AND ZONING PORTION OF THE AGENDA.
42, APPROVE SANTA CLARA RAPID MiSIT STATION A EA PLA;d
j
t
Mayor-Eerre: Is the applicant here on item 8?
3
Mr. Fosmoen: That's approval of the Santa Clara Station, 1 don't believe
there is a problem, Mr. Mayor,
s®
Mayor Ferrer Is there anybody here in opposition tr. item 82 Is there a
motion?
Mr. Lacasa: Move.
Mayor Ferrer Its been moved: Is there a second?
Mr. Plummer: Second,
:Mayor Ferre: Further discussion on item 8? Call the roll.
The following resolution was introduced by Commissioner Lacasa, who
moved its adoption:
RESOLUTION NO. 81-65
A RESOLUTION APPROVING IN PRINCIPLE THE SANTA CLARA
STATION AREA PLAN, AN ANCILLARY STUDY TO THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN, CONCERNING THE AREA
IN IMMEDIATE PROXIMITY TO THE SANTA CLARA TRANSIT
STATION HICH WILL BE LOCATED IN THE MEDIAN
OF NORTHWEST 12TH AVENUE, BETWEEN NORTHWEST 20TH
STREET AND NORTHWEST 21ST TERRACE
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote:
AYES. Commissioner J. L. Plummer, Jr.
Commissioner Joe Carolio
Commissioner Armando Lacasa
Mayor Maurice A. Ferre
NOES: None
,� ABSENT: Vice -Mayor (Rev.) Theodore R. Gibson
143, VACATL Alt CLOSE ALLEY: N.E. 16 STREET, N.W. 15 STREET
TENTATIVE PLAT "ST. JOHNS TRACT`
Mayor Vetre: Item 10,
Mt, PIUMer: Move it.
Mt. Lacasa: Second.
Mayor Ferre: There is a motion on item 10 and it's been properly
seconded. Is there further discussion? Does anybody wish to speak against
it? All tight, call the roll. i
The following resolution was introduced by, Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 81-66
A RESOLUTION CLOSING VACATING, ABANDONING AND DIS-
CONTINUING THE PUBLIC USE OF THE ALLEY LOCATED
BETWEEN SOUTH OF THE SOUTH RIGHT-OF-WAY LINE OF
NORTHEAST 16TH STREET AND THE NORTH RIGHT-OF-WAY
LINE OF NORTHEAST 15TH STREET, FOR A DISTANCE
OF + 350.211, AS ONE OF THE CONDITIONS FOR APPROVAL
OF TENTATIVE PLAT NO. 1089 - "ST. JOHNS TRACT"
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner'Lacasa, the resolution was
passed and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Joe Carollo
Commissioner Armando,Lacasa
Mayor Maurice A. Ferre
NOES: None
ABSENT: Vice -Mayor (Rev.) Theodore R. Gibson
FOLLOWING ROLL CALL:
Mayor Ferre: Yes, for the record...
Mr. Plummer: Let the record reflect...
Mayor Ferre: would you state your name for the record.
Mr. Jahn Gooch: John Gosch, appearing on behalf of St. Johns Church.
44, ACCEPT PLAT: Etiv* tN SUBDIVISION
Mayor Ferret Item 15. Is that A problem?
Mr. Fosmoent No problem,
Mr. Plummer! Move it.
Mayor Forte: Moved by Plummer, seconded by Lacasa. Further discussion?
Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 81-67
A RESOLUTION ACCEPTING THE PLAT ENTITLED EDWELIN
SUBDIVISION A SUBDIVISION IN THE CITY OF MIAMI69
AND ACCEPTING THE DEDICATIONS SHOWN'ON SAID PLAT;
AND AUTHORIZING AND DIRECTING T11E CITY MANAGER AND
THE CITY CLERK TO EXECUTE THE PLAT AND PROVIDING FOR
THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS
OF DADE COUNTY, FLORIDA
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Lacasa, the resolution was
passed and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Joe Carollo
Commissioner Armando Lacasa
Mayor Maurice A. Ferro
NOES: None
ABSENT: Vice -Mayor (Rev.) Theodore R. Gibson
1475.ACCEPT PLAT: VENETIAN HARBOUR
Mayor Ferre; Fake up 16.
Mr. Carollo; Move.
Mayor Ferro; Moved by Carollo,
Mr. Lacasa; Second,
Mayor Ferro; Seconded by Lacasa, Further discuss on on item 16? Call
the roll.
toy
,;.. ;tr r�
The following tesolution. was introduced by Commissioner Cat011o, who
moved its adoption:
RESOLUTION NO, 81-68 4
A RESOLUTION ACCEPTING THE PLAT ENTITLED VENETIAN
HARBOR SUBDIVISION4 A SUBDIVISIO' IN THE CITY OF
MIAMIO AND ACCEPTING THE DEDICATIONS SHOWN ON SAID
PLAT; AND AUTHORIZING AND DIRECTING TEE CITY MANAGER
AND THE CITY CLERK TO EXECUTE THE PLAT AND PROVIDING
FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC
RECORDS OF DADS COUNTY, FLORIDA
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Lacasa, the resolution was
passed and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Joe Carollo
Commissioner Armando Lacasa
Mayor Maurice A. Ferre
NOES None
ABSENT: Vice -Mayor (Rev.) Theodore R. Gibson
THEREUPON, THE CITY COMMISSION UTNT INTO A BRIEF
RECESS at 7:25 P.M., reconvening at 8:05 P.M., with all
members of the Commission found to be present
except for: Vice -Mayor (Rev.) Theodore R. Gibson
[46. CHANGE ZONING CLASSIFICATIO14: 901 N.W. 43rd AVENUE FROM:
R-3 TO C-4
Mayor Ferre: We're on item number 2. All right, Mr. Pallot, proceed.
Mr. Al Pallot; Mr. Mayor, gentlemen of the Commission, my name is Al
Pallot. My office address is 1504 Dupont Building, Miami, Florida. I'm
appearing in response to item 2 of the agenda. What we are asking for
in fact, is the ability to have a curb cut on`N.W. 43rd Avenue about
9th Street. We have about 4 1/2 acres of property. It has been
leased to Holiday Inn and Holiday Inn is going to rent the building that
you see on the placard in front of you and is in thaz brochure itself.
The reason we ask for it is because it almnst becomes necessary for a
hotel at this location to be able to travel North and East. This is
strictly an airport hotel. And when they leave, there is no way that you
can cut in to go back on the expressway North or East, And therefore,
with the curb cut you would come out on 43rd, go to 7th and then you come
back to.Lejeune Road and then you could East and you could go North, As
far as the property is concerned, it is all zoned for hotel,
Mr, Plummer; Al,
Mr. #'allot; Yes, sir.
Mr, Plummer; Let4s try and save everybody some time, I think most of Up
all hoard this Wore, To the staff here'
HrFost►oen: No.
Mrs Plu ffieri Okay. Mt. Posmoen, you might tec 11 the teasoft that I t6eftt
out and personally looked at this was ltr. Pallot's cnntefition At the last
,meeting that he should be entitled to have this ingress And egtess as the
petson iftediately adjacently to him on the North. And in fact; the GSA,
or some governmental agency Is in there and they do have, without
Question, ingress and egress back to the 43td Avenue. Now, the reason that
I'm holding this matter up or did during the dinner hour, and I'm just
going to put it on top of the record, if you're going to go and try to �
force the illegal use by GSA at the present time, I don't want to put your i
position in jeopardy by passing this this evening, Nor, if... I will tell
you, and I have to be very frank and above board, I did not see any
problem. And I went by on at least 2 And maybe 3 occasions, If you
tell toe that you feel that that what presently exists is not going to change,
it's going to stay, then I contend with Mr. Pallot, That he should be
entitled to the same as what his neighbor to the North. Things that he
says is true in reference to getting out and getting to the North on
Lejeune Road, it would be almost impossible. And since he, the Holiday
Inn, I'm sure, is going to be a big play to he airport, it's very impottant,
And all we're going to do is just force an over congested Lejeune (toad
to try to accept more, Now what he is pi -offering here gives 2 advantages.
One, he can come out and he can go North, and he can utilize the light on
14th Street which he cannon do without us approving. Second, they can come
out and go to the South and give them access to 7th Street and Lejeune
Road so that they can go back North. I want to tell you, that as far as
I'm concerned, I think what they're proferring is very, very good but I
don't want to put the administration in a position of being strained to say
well, okay now to the South has got it, I have to have it to and make it
legal,
Mr. Fosmoen: To my knowledge, Commissioner, we are not attempting, to close at this
time, GSA's access on the 43rd.
Mr. Plummer: Well. Mr. Mayor, when you get a third vote here, if that is the
rase, I definetly feel that what they are proffering here is good. I
see the difference. There is no question there is a differnce. For this
Commission to sit here and allow more congestion to be thrown on to
Lejeune would be just disasterous.
Mr. Pallot: As long as it's a favorable motion.
Mr. Plummer: yeah, but you have to get 3 votes though.
Mayor Ferre: All right, let's get another member of the Commission in _here.
Would Mr. Lacasa,or Carollo please walk into the Chambers. I'm sure they
listened intently. There we go. Okay. Plummer moves item number 2.
_ All right, Carollo seconds. We've got 3 members of the Commission present
now. Is there further discussion on item number 2? Call the roll, please,
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING ORDINANCE NO, 6871, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF
MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF
W'LY 150' OF.S1/2 OF N.E. 1/4 OF S.E. 1/4 OF
S.W. 1/4 OF SECTION 32, TOWNSHIP 53S; RANGE 41E
UNPLATTED, BEING APPROXIMATELY 901 N.W. 43rd
AVENUE, FROM R-3 (LOW DENSITY MULTIPLE) TO C-2
(COMMUNITY COMMERCIAL) DISTRICT, AND BY MAKING
THE NECESSARY CHANGES IN THE ZONING DISTRICT
MAP MADE A PART OF SAID ORDINANCE NO, 6871p BY
REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION
2 THEREOF; $Y REPEALING ALL ORDINANCES, CODE SECTIONS
OR PARTS THEREOF IN CONFLICT AND CONTAINING A
SEVERABILITY CLAUSE
JAN 2 d
Passed on its first reading by title at the meeting of Decembet 1Ij 1980 twss
taken up for its second acid final reading by title and adoption, On
motion of Commissioner PlUbMero seconded by Commissioner Carollo the
ordinance was thereupon given its secofid acid final reading by title and
passed and adopted by the following vote:
AYES,. Commissioner J. L. Plutimet, it.
Commissioner Joe Carollo
Comtnissiotler Armando hacasa
Mayor Maurice A Verre
NOES: - gone
ABSENT: Vice=Mayor (Rev.) Theodore R. Gibson
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO, 9251
The City Attorney read the Ordinance into the public record and
announced that copies were available to the members of the City Commssion
and to the public.
ON ROLL CALL:
Mr, Fosmoen: Mr. Mayor,
Mayor Ferre: Go ahead.
Mr. Fosmoen: Understand that there was a request that the department have
site plan approval, I don't know whether the applicant has agreed to
that at this point or not.
Mayor Ferre: Who was going to'do what?
Mr. Fosmoen: I understand that the Commission requested at the last
meeting that the applicant provide the Planning Department with site
plan approval.
Mayor Ferre: Let me see that for a second. This is what you're going to
do on the...
Mr. Plummer: Al, do you have any problem with that?
Mr. Pallot: No, no. Mr. Whipple looked it over yesterday.
Mr. Whipple: The Commission suggested that they proffer something that
would guarantee the development that they've been talking about at the
first reading,
Mr. Plummer; All right, .attach that to the motion, site plan approval.
Mr. Fosmoen: Commissioner, you can't attach it to the motion, That's
a contract of zoning. The applicant has to voluntarily commit...
Mr, Plummer; Mr. Pallot, you do voluntarily commit to giving the site
plan approval.
Mr, Pallot; Yes, sir,
Mr, Plummer; I thought that's what I heard you say.
Mayor Ferro; All right, with that stipulation as part of the motion,
that correct, Mr. Plummer?
Mr, Plulaner; Yes, of cowrac
May+pr' Ferre; To that correct, Mr, C4r9ljp9 Xcu are the sacond�r of the
motion.
Lot
Mt, Catollo� That's cottect
Mayor Petre: All tights the tecotd reflects that. Call the toll h0vt
47. SECOND READING ORDINW CE: CHANGE Zwl-ING CLASSIVICATION:
4245 i.'.W. 11 STREET
FRott R=3 TO Cy4
Mayor Ferre: Take up item 46 All right. On second reading.
Mr. Plummer: There's no one here on 4
(INAUDIBLE. BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD)
Mayor Ferre: All right, this is an application by Elmer Parker to change
zoning at approximately 4245-N.W. 11th Street from R-3 to C-4. This is
passed on first reading.
Mr. Whipple: Mr. Mayor, this was also suggested at first reading there would
be some commitments on the part of the property owner.
Mayor Ferre: Okay:
Mr. Pavvt Yes, sir. We nave prepared a covenant and got the
land owners to sign, and l apologize to you but I have a son in a hospital
in South Miami thats been in surgery this afternoon. I've been running
back and forth. I thought he was bringing it, he thought I was bringing it,
it's sitting at the office.
Mr. Plummer: Well that's no problem. We just make it subject to the review
of the Law Department.
Mayor Ferre: Are there any objectors that wish to be heard on this item?
Mr. Plummer: Mr. Mayor, when I went to Mr. Pallot's, this one I found out
was right around the corner. I want to tell you, as I looked at that piece
of property, there's just nothing else you can do with it. They are locked
and there's just, you know, there's nothing else that you can do. They're
locked by the expressway, they're locked by Le4eune Road. And it's just,
I think that the stipulations that were offered that it would be office
and not commercial, I don't have any problem with. I offer the motion.
You know, one of these days the State of ;Florida isgoingto realize that
when they start putting these damn roads through and they buy up half lots,
they buy up 1/3 of a lot, that they are creating tremendous problems for
us with the lot owners who 'adjacent to that property.
Mayor Ferre; All right, further discussion? Is there a motion then?
Mr. Carollo; The motion is seconded.
Mayor Ferre; Plummer do you seconde it.
Mr, Plummer Yeah.
Mayor Ferre; Further discussion? All right, read the ordinance,
(AT THIS POINT, THE CITY ATTORNEY READ TWE ORDITNANCE INTO THE PUBLIC
RECORD)
Mayor Ferre; All right, Further discussion? Call the roll.
ist
1,
AN ORDINANCE ENT1TLEb
AN ORDINANCE AMENDING ORDINANCE No. 6811, THE
COMPRExENSIVE ZONING ORDINANCE FOR THE CITY OF
MIAMt, BY CHANGING Tilt ZONING CLASSIFICATION OF
LOTS 11A AND 12A LESS THE PORTION TAXtN PROD
SR 8361, BLOCK 1; LtitUNE GARDEN ESTATES AMD (40-85),
BEING APPROXIMATELY 4245 N.14. I1TH STREET, PROM
k-3 (LOW DENSITY MULTIPLE) TO C=4 (GENERAL COMMERCIAL)s
AND BY MAXING'THE NECESSARY CHANGES IN THE ZONING
DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871,
BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION
2 THEREOF; BY REPEALING ALL ORDINANCES, COME SECTIONS,
OR PARTS THEREOP IN CONFLICT AND CONTAINING A
SEVERABILITY CLAUSE
Passed on its first reading by title at the meeting of December 17, 1980
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Carollo, the
ordinance was thereupon given its second and final reading by title and
passed and adopted by the following vote;
AYES: Commissionr. L. Plummer, Jr.
Commissioner Joe Carollo
Commissioner Armando Lacasa
Mayor Maurice A. Ferre
NOES: None
ABSENT: Vice -Mayor (Rev.) Theodore R. Gibson
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9238
The City Attorney read the Ordinance into the public record and
announced that copies were available to the members of the City Commssion
and to the public.
48
SECOND READING 0:'.DIRANC,c: CHANGE ZONING CLASSIFICATIOR:
1642-60 SOUTH BAYSHORE COURT FRG;
R-3 TO R-4
}
Mayor Ferre We're on item number 5 now.
Mr. Plummer: Mr. Mayor, I know the answer, Mr. City Attorney, I did not
realize at the time I voted last, I'm just right above board, maybe too
touch so. My brother lives In the building next to this but it is owned
by the applicant. Is there any reason than I should recuse myself from
voting? _
Mr. Garollo; J. L., according to what George Knox said, that's up to you
to mare up your mind. Maybe you are maybe your not,
Mayer Ferro; What's your conflict?
Mr Plummer; My brother lives in the building next doer and,,.but the
A-Mv owner as the applicant bore is my brothers 14ndlprd. l know the
answer but l want it on the record,
Mr. Farollo; Have you bought any condoxinivals there,
Mr. 'Plummer; My brother, . '.. gity Atrerney
J
Mayor Fetret Does this have anything to do with a certain watering hole
that we. a z
WMENTMED SPEAI(Eltt Please don't call it a watering hole,
Mayor Fette' Listen, the vote has already been taken, if somebody wants
to make a tnotion...it's been called the Ken Meyers wateting hole, Now
if you want to call it something else, w•..111 have to get somebody here
to tuake a motion. (LAUGHTER)
Mayot•Ferret All 'Fight, Senator.
Mt. Plummet: Wait a minute. Somewhere long the line t asked a question.
Can l get an answer?
Mr. Percy: Yes,sir,
Mayor Ferret Well you got the same straight answer that all of us got.
Mr, Percy: Disclosure, Commissioner, on tiie record of this fact, and if
you feel that you can vote impartially on this matte , go ahead.
Mr. Plummer: Thank you.
Mayor Ferret That's the law.
Mr. Carollot In other words, the law is up to the individual Commissioner
to interpret and decide upon.
Mr. Percy: If he feels he can act impartially and disclose the matter
on the record, I think that it would be okay, yes, sir.
Mayor Ferre: Is there anybody here as an objector to this? If not...
Mr. Plummer: Mr. Mayor, I moved it before, I'll move it again,
Mr. Lacasa: Second.
Mayor Ferre: Seconded. Further discussion? Read the ordinance.
(AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD)
Mayor Ferre: Further discussion? Call the roll.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF
MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF
LOTS 11, 12, 13, AND 14; BLOCK 5; GLENCOE SUB
(5-119), BEING APPROXIMATELY-1642-60 SOUTH
BAYSHORE COURT, FROM R-3 (LOW DENSITY MULTIPLE)
TO R-4 (MEDIUM DENSITY MULTIPLE DWELLING) DISTRICT,
AND BY MAKING THE NECESSARY CHANGES IN THE ZONING
DISTRICT MAP MADE APART OF SAID ORDINANCE NO, 68719
BY REFERENCE AND DESCRIPTION IN ARTICLE III,
SECTION 2 THEREOF; BY REPEALING ALL ORDINANCES
CODE SECTIONS OR PARTS THEREOF IN CONFLICT AND
CONTAINING A SEVERABTLITY CLAUSE
Passed on its first reading by title At the meeting of December 17,1981 was
taker; up for its second and final reading by title and adoption, On
motion of Commissioner Plummer, seconded by Commissioner Lacasa, the
ordinance was thereupon given its seeQnd and final wading by tiffs and
Passed and adopted by the following vote;
AYES; Commissioner J, L, Plummer, Jr,
CQmmisofoner Jo@ CATPIIp
Commissioner Amando Lacasa
AYPr Maurice A, Form
NOESt hone
ABSENT: mice-MAyot (kepi,) Theodote R, Gibson
SAID MINA= WAS DESIGNATED ORDINANCE No. 0239
The City Attorney read the Otdinaftce into the public record and
announced that copies were available to the members of tl:e City Commssiofil
and to the public
I
49, UPHOLD RECONIXNDATION OF PLANNIAG DtPARTMENT A!!!)Z0:dIiIG B0A
DENY APPLICATION VOk CiW.!GE OF Z011114Gt 4201 S,w. 7 STREET
IkOM R�-3 TO C-4 .
Mayor Perre: Okay. Now we're on item number 7 which is on first reading.
Mr. Jose Valladares to change zoning from k-3 to C-4, The department
recommended denial, the Zoning Board recommended denial 7-0. 7 objectors
by mail, 5 present. Are there any objectors present? Objectors are here.
Okay. How many of the objectors wish to be heard. Okay. I'll
recognize you. Counsellor, if you will proceed then,..
Mr, William C. Lewis: I am William C. Lewis My office is in the
401 Building in Coral Gables. This is a peculiar property.
Mayor Ferre: I'm sorry. I stand corrected. Excuse me. We need to have
the departments recommendation read into the record. I apologize.
Go ahead.
Mr. Whipple: Mayor and members of the Commission, the department does
recommend denial on this item. Also it is recommended for denial by
the Planning and Zoning Board. We feel that the extension of this
commercial zoning on Lejeune Road would be detrimental to the residential
character of Lejeune Road, northerly of this point. We have no ,justification
for additional commercial zoning primarily because of the commercial
zoning that does exist along S.W. 8th Street and on up northerly to
Flagler. On this basis, we recommend denial of the change of zoning.
Mayor Ferre: Ladies and gentlemen, you can sit down. I'll recognize you
as soon as the applicant makes his presentation.
Mr. Plummer: Why don't you ask the ones that are going to speak to come
down to the front.
Mayor Ferre Yeah, I will,
Mr..Lewis: Mr. Mayor, what we are really asking for is a variance. But
unfortunately, under the rules of the City of Miami, we are not entitled
to a variance because we do not have the proper footage along the street.
We don't wait C-4 all we want to do is use this property for a doctors
office, This is Dr. Valladares who owns this property, It's at the
corner of S.W. 7th Street and Lejeune Road. Across the street south it is
Cb4, It's the
_ Abraham Chevrolet property, Across the street on the east,
is the Abraham Chevrolet property. $o this is really not residential,
Next to us are 2 apartment houses. The 4th property which is at the
corner of B.W, bth Street is an office. it has been an attorney'$ office
for some 25 years, it's now an insurance office. So there's an
Insurance office, 7 apartment houses, and then our building, Now to
repeat$ we do not want Ca4 and it to just because of the City of Miami's
requirements that we can't just pimply ask for A variance, and we have
no intention ;of opening a tire shop or a garage on that corner which is
what it appears from C=a. But this to an apat'tment th�ra'e � apartments
13
lot
Mt. Lewis (continued): on the ground flocrs ~e doctor wants to use this
apafttttent. And to tepeati between the doctor and tL^, attorneys office
which is just 2 buildings apart. These are big apartments. And I'm sure
none of those people ate complaining about it, At least we haven't heard
from them. Then also to repeat, ac'toss the street is Anthony Abrahamo
a cat lot, to the south is a cat lot, and this to me doesn't seem like
asking for touch of a change of character, and we would be happy if it
would be possible to enter into some kind of a contract with the City that
we wouldn't use it for anything else than an office. Now the Zoning
Board says that they are powerless to make such a cont-,act but that the
Citv could make such a'contract with us. And we're very happy to restrict
ourselves to just a doctor's office.
Mayor Ferre We need to get our City Attorney's ruling on that.
Mr. Percy: This is a change of zoning request, Mr. Mayor. And we could
not accept conditions on part of the change of zoning. It either has
merit or it doesn't.
Mr. Lewis: Well, we're stuck because t''-s variance ..we can't ask for a
variance because we don't one 100 feet. Now this is just, to me, ridiculous.
I'm sure that none of these people would complain to just: a doctor's office.
That's all we want to use if for. And it seems to me that just a quirk
of the law, a quirk of your ordinances is standing in our way of getting
the proper use of this property. It is on Lejeune Road. we cannot rent
it at a reasonable rent for a home or an apartment. It's right on
Lejeune. It's not set back and we just cannot get a reasonable use out of
this property.
Mr. Plummer: Now long ago did your client buy this property?
Mr. Lewis: You've owned it almost a year.
Dr. Valladares: Mr. Mayor, members of the Commission, ti'hen I came here
_ last night I had to find some...another doctor friend of mine who happens
to live very close by'and "lie was amazed it was happening. The situation
as Mr. Lewis very well explained here is just that we cannot get anything
but a C-4. And this, of course, worries the residents of that area because
they think......
Mr. Plummer: Doctor, that's being repetitious. My question was how
long ago did you buy...
Dr. Valladares: About a year and a half. Somewhere around..,I would
like to add something else. About Lalf a h ,,c►c on the same side of where
I'm asking for, there is another doctor that has his office there. Dr.
Abesada. That's half -a block away from my building. Less than a block.
Mr. Plummer: To the north or to the south?
Dr. Valladares: To the north, sir. It also hits Lejeune Road.
Mayor Ferre: Is it R-3 or C...
Dr. Valladares; It will be... do you have the area where Dr, kbesada is?
It's half a block north from that corner where than' other gentlemen that...
what is he? The one that is using the attorney's house?
Mr, Lewis; it used to be an attorney and now it's an Insurance agency.
It's Allstate.
Mayor Ferre In an R-3 area?
Dr. Valladares; Well it must be an R=3, I don't know how he''s doing
ic. I guess.:,.
Mr, Lewis; It -Is been there for 25 years,
Mr, Caralo; Is It an R-3 area, Mrs
� �� 1 -
�;1 � 11
bt• valiadares We ate talking about 2 things. One is the house on the
cothdt j acid the other one is halt a block away fro%, that house on the corner,
ait'othet doctot'a office also facing Lejeur.e.
Mr► Plutim#ti 'boctot, do you live on these premises?
bt, Valladates: Nos sit f donit live on those premises.
Mayor Verne! Vhipple� how can►..or perhaps somebody, ,ihow can there be
a doctor's office in an R-5 area?
Mr. 'Whipple: There's 2 possible answers to that. One it is a legal
non -conforming use, or numbertwo, it is a doctor's office as'a home
,occupation. Home occupation he resides there and 25% of his floor area
is being used for that purpose.
Mayor Ferre: Well what is a legal non -conforming use?
Before 1961?
Mr. Whipple% That means prior to 6o they coul( have gone in under a use
variance, or existed there prior to zoning.
Mayor Ferret. Okay. All right, let's hear from the opponents then. The
opponents are recognized. Who wants to be first.
Mrs. Novack: I just want to make a little correction. They mentioned
something about the insurance office on the corner of Lejeune and 6th Street.
The insurance man should be living there but he is violating the City
law by saying that he does live there and he operates. We had a hearing
on that very same thing several years ago. So if he is operating an
insurance office there, which he is, he's doing it, against the zoning laws.
That's first. Now as far as this apartment house that you say is set close to Lejeune Road, it isn't. It's set back according to the City of Miami
zoning laws. So it's not sitting on Lejeune Road like you imply. That's
what I have to say.
Mr. Carollo! You guys taking down those addresses.
Mayor Ferre: All right, thank you, Mrs. Novack.
Dr. Hernandez: Okay. I am Dr. Hernandez and I happen to be a friend of
Dr. Valladares. -
Mayor Ferre: I'm sorry.
Dr. Hernandez: I am Dr. Hernandez. Urbano Hernandez and I live on the
block that he wants to put the office or whatever he wants to change the zoning.
And we already have crowded traffic. East 8th Street don't have the
right turn at Lejeune and all those people are moving through 616-h and
7th Street to take Lejeune north would make a lot of traffic already
in this area Regarding to Dr. Abesada'that be mentioned, is a half
block from him. He is my friend too but Dr. Abesada has his children
there with my children,
Mayor Ferre; Are you a medical doctor?
Dr, Hernandez Yes,
Mayor Ferre: All tight, any other objectors.'
Mr. Plummer; Doctor, are you on Lejeune Road or on 7th Street,
Dr, Hernandez; On 6th Street.
Mr, Plummet'; You're on 60 Street,
Dr, Hernandez.; 'des. The first right, 4240 is mArked on the...
Mt. Plummet; In atficr words, you just malntan a home there
Dr, Hettiandegt I live "there=
Mr. Plummet: But you don't thaintain an office:
Dr. Hernandezt No. My office is down Lejeune by Flagler:
Mayor Feittet All right, any further objectors wish to be heard?
Mrs. Novaek?
Mrs, Novack I just want to state also that Dr. Abesa3a lives in the
building that he has his office in, and he has his wife and children
living there. So anything that goes on in the neighborhood that might
not be conducive to our wants, they are also suffering the consequences.
.So, this gentleman here just wants to have his offices in there and he
lives entirely in another area. _We'd like to keep this as a residential
area and we'd like for it to stay chat way.
Mayor Ferre: All right, thank you Mrs. Novack, Doctor?
Dr, Hernandez: That place is no park!- around there. That place is
no parking, any offices, they have to park in the street. And the doctor
has to park in the street with...Lejeune to park and 8th Street as a choice.
Mayor Ferrer All right, cousellor.
Tar. Lewis: We'd have to arrange parking on our own property which we can
do in the back behind these offices because I agree with this gentlemen.
7th Street is filled with Anthony Abraham's employees and nobody can.... -
our patients couldn't come in there and find a parking place. But we
can provide parking on our own property.
Mr. Carollo: How many parking spaces are you talking about, sir?
Mr. Lewis Well we have very...I'm talking for the doctor, he only has a
very few... he's a surgeon, and he only has 3-4 people at the most at any
one time. So he can easily provide for 3 cars, easily.
Dr. Valladares: If I may address ,the situation. I have...I hold office
hours only 3 times a week and that's Monday, Wednesday and Friday. Of
course, nobody could stop me like the gentleman who says he lives there
and he doesn't live there, doing it, but I don't because my practice is
mainly hospital based. Mainly -I use that area since I'm not a general
practitioner, I'm a surgeon, follow briefly some of the patients on which
I operate upon. Now Dr. Hernandez who vividly opposes this, a funny thing,
is just a few blocks away again, on Lejeune .it,ere hehas this very nicely
set office away from me. And the reason is that...I also wanted to mention
that my mother does hive in that office so I don't think I want any
high crime rate..
Mayor Ferre: Your mother lives there?
Dr. Valladares: Lives in the building, yeah. And I don't want any high
crime rate or anything there where my mother is. I though I'd mention
that.
Mayor Ferre Okay. Further questions, further statements? All right,
questions from the members of the Commission?'
Mr. Carollo; Mr. Whipple, that whole street there is zoned R-3, correct
sir?
Mr. Whipple. Yes, sir, I believe i.t's up to lot or just between Ist and
2nd near Flnler,
Mir. CarQlla: Now the only shall area that is ;tined C-4 is that small
poreel.across the street.
Mr, Whipple; Yus sir, That's part of the Anthony "Abraham site whi.th is
on h0th sides of 1.dgune,, primarily fronting ott Pt Street.
Wl
Ist pp {�
J#'a
Mr. Catollo: 56 in your opinions sirj that would ue spot zoning if we
would tone that C-47
Mrs Whipple! Well it's not exactly spot zoning in the terms that it is
an ei teh6ioii of the existing C=4. What the gentleman was asking earlier,
that he had "something less which would be spot zonings Our major concern
is a C-4 toning Classification on the properties to the north and to the
west which are residential in nature. We believe the existing boundary
line is logical and is in fact the way it is being used and developed
today.' And we feelthis is appropriates
Mr. Carollo: Let me ask you this then. Do you think that whole area there,
riot just his parcel, but the whole area there, at this point in time would
warrant it to be zoned C=-4?
Mr. Whipple! Off the top I would say no. And on the basis, or the reason
for saying to is that we have studied this area for a similar commercial
zoning in the past and although it is outdated, the numbers regarding
commercial zoning in the City has not changed that much. We have substantial,
as a matter of fact,, excessive amounts of commercial zoning, primarily
C-4 which to accomodate the City's needs. And on an overall neighborhood
community and City basis, we find it very difficult to recommend
additional commercial zoning, particularly to the extent of rezoning this
whole area between 7th and let's say lst Streets.
Mr. Lewis: Your honor, across the street is Anthony Abraham too now. Now
he mentioned that it was only south but it's also east. You're not
pointing east.: All along there is Anthony Abraham's parking lot for
automobiles.
Mr. Plummer: That was a conditional use for parking.
Mr. Lewis: Well we only want a conditional use too, Commissioner. And
we're ready to limit ourselves to just that. But here across the
street is a use on that street, across 7th Street is Anthony Abraham,
2 doors away is the insurance office, and I think we should be listened
to. We're not asking for that much.
Mayor Ferre: All right, what's the will of the Commission?
Mr. Plummer: Boy it got quiet around here.
Mr. Carollo: I move to go with the Planning Department's recommendation.
`-
Mayor Ferre: All right, there's a motion that the Planning Department
and the Zoning Board recommendation be upheld. Is there a second?
-
Mr, Plummer: Mr. Mayor, I second the motion 'for '2 reasons. The first'
reason is that if we grant the C-4, we don't know how long the doctor
might use it. And at such time as he no longer has need, they of course,
would in fact, have the right to sell it as C-4 and you could put any
of the uses of C-4 on the property. The second reason that I vote as I
do is because that at this particular time, it is not spot zoning the
-
request, but it would be the domino theory. That if we granted the
C-4 to these 2 particular lots, we would be almost in an indefensible
position in court not to grant the lot to the north, to the north, to
the north. So for that reason, I understand, counsellor, you plead
a very good case, There is no question that there is ,a quirk in our
law. It's been there but there's nothing we can do about it, to my
knowledge. Its' something that our hands our tied,
Mr. Lewis; Can't we by contract though restrict ourselves...
Mr. Plummer; you cannot contract toning, If it was a variance, we can
- place any limitations we,want. If it was a conditional use we can pice
any conditional use, Put zoning you cannot contract even if you volunteer
it,
Mt, Lewis: We do volunteet• it+
Mt, Pluuunet! I undetstatid; okay? There's no way we can do it. Out hands
are tied.
Mayot Ferre! We have a motion and a second, Further discussion? Call
the roll]
The following motion was introduced by Commissioner Carollo, who
moved its adoptions
MOTION NO, 81-69
A MOTION OF THE CITY COMMISSION UPHOLDING .THE PLANNING
DEPARTMENT AND THE ZONING BOARD'S RECOMMENDATION FOR
DENIAL OF AN APPLICATION FOR A CHANGE OF ZONING
CLASSIFICATION AT APPROXIMATELY 4201 S.W. 7TH STREET
FROM R-3 TO C-4
Upon being seconded by Commissioner Plummer, the motion was passed
and adopted by the following votes
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Joe Carollo
Commissioner Armando Lacasa
Mayor Maurice A. Ferre
NOES: None
ABSENT: Vice -Mayor (Rev.) Theodore R. Gibson
750. GRAi�T APPLICATION FOR PLAivi�iED AREA DZVELOP2U;i T (273 UNITS)
N.L. 34 and 35 STREETS, THEOR.TICAL 5 AVENUL AI:D BISCAYNE BAY
i4OTE: This resolution carries an effective date of March
15 19,;1
Mayor Ferre:. We're now on item number 9 which is the Hamilton Corporation
for a planned area development located between N.E.'34th and 35th Street.
Mr. Fine. Okay, can we have the Pla;�ning ncparrment's recommendation.
Mr. Whipple: Mr. Mayor, Commissioners, the Planning Department recommends
approval of the project ,in accord with the plans on file and subject to
the conditions recommended by the Urban Development Review Board. I might
just comment that one oftheconditions recommended by the Urban Development
Review Board did require a final landscape plan and that has already
been submitted and approved. So that condition has been satisfied. The
condition of the waterfront walkway has been volunteered although the
legal agreements have not been solidified but we intend to do that with the
Law Department, We believe this is a good project under the Planned area
development, the Review Board cited that the excel) enca of the design, the
useable open space, the commitment to the public easement across the
waterfront linking 34th and 35th Streets, the open space of the atrium
area of the project warranted the considerations that the Review Board
granted in the terms of floor area ratio and minor site adjustment with
respect to the height of the building.
Mayor Ferre; All right, Now are the objectors here? How many objectors,
Ralse your hands so that we know. How many of the objectors wish to speak
tonight? 6, All right, Do any of you need to speak more than 3 minutes?
That would make it about, let's say N minutes between All of you, would
that be all tight. Does anybody object to that? Okay. Mr, Fine, y;pu've
got 20 minutes to make your presentation.
�j�-;Z
is JAN!
Mt, Mattiti Fide:. My name is Martin fine, 2401 Douglas Road. I represent
the applicant, Mt Mayor and totnbets of the Con.•ission, because it's so
_ late acid I know you've beet here all day, I'll be ver_ brief, We agree
with evetythiig Mr, Whipple says. 4Ie think this is one of the most
outs'tanditig buildings that s even been presented to this Commission, And
very c&ndidly* Mr. Mayot*,if I may anticipate because our clients have
sp6ktn5 on these folks that ate objecting* in my opinion, or my udne'tstanding
Ate not Objecting to the plan. They live in some of the Smaller units
which are part of this property and there is some questions about
eviction notices which they have received, And frankly, I feel badly for
them and 1 know the owner is going to try to work with taem but I would
hope that we not mik up the problem of eviction notices with the zoning
matter. So very briefly. it it's all fight with you, we woul.,_,say we're
in accord with the recommendation of the department. We think itts an
outstanding plan and we would go from there,
Mayor Ferre: All right, sir. Thank you, how* ladies and gentlemen, I
think what Mr. Fine has said is the law and we can only take testimony
dealing with the zoning items and not dealing with the eviction, how this
is not a'court of law. We cannotdeliberate on any eviction matters. So
please, those of you who will speak in cp, sition, limit yourself
to the aspect before us which is the zoning matter. So go ahead. The
Chair recognizes the first speaker.
Mr. Mike Humprhries: Mr. Mayor, gentlemen of the Commission, my name is
Mike Humphries. I live at 525 N.E. 34th Street. I'm one of the tenants.
Our objection is* as the man says probably not to the building per se.
But to the time frame that we've been given to work with. All of these
people have been given a matter of a few days to jump out into what is a
tight rental market. And 1 don't say that it's the Hamilton groups fault,
per se. I'll try not to say that again. But...
Mr. Plummer: Let me ask this question.
Mr. Humphries: What we're trying to do is use you as a leverage here.
Something to help us.
Mr. Plummer: Let me ask this question.
Mayor Ferrel Let's see if Marty Fine can...
Mr. Plummer: When was this matter heard before the Zoning Board? How long
ago?
Mr. Fine: Several weeks ago.
Mr. Plummer: Several weeks ago.
Mr. Fine: And notice of eviction came after the Zoning Board- and before
the City Commission.
Mr. Plummer; When are you supposedly giving them notice to vacate?
Mr. Fine: 30 days.
Mr: Plummer:' 30 days. And what are you looking for?
Mr. Humphries: In some cases it's less than that, sir.
Mr, Plummer; Okay, What are you looking for?
Mr. Humphries; How can I say more clearly, more time.
Mr. Plummer; I'm asking, how much is more time?
Mr, Humphries Can I get a show of hands from my group, please.
M_aypr Feria; sure.
Mr. HU;4Ph4es; We're somewhat disorganited,
toy
J
Mr. Plufiifiiet Are you looking for 60 days?
Mr, Hutprhteis 3 l)o we need 60 days, 'do We need 90 days?
(1NAMME BACKGTtOtJMD COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD)
Mr, Plummer NO$ you'll not get one year, Be reasonable
Mt, Vihdt You see, that's, what we`re going to end up doing:
Mr. Plummer: Well now, you know.,.
Mr, Humphries: Mr, Mayor,_I suspect that 60 to 90 days would be very.
viable,
Mr. Plummer! tet me tell all of you something very quickly. All right:
There is nothing to this Commission to force this man to do anything about
any amount of days, Anything you get here tonight that this Commission
can neogitiate in your behalf$ you're going to be ahead of the game. Now
be reasonable,
Mr. Humphries: I very much thank you for that, Mr, Plummer,
Mr. Plummer! What do you feel would give you...
Mayor Ferret He said 60 days.
Mr. Plummer: 60 days.
Mr. Humphries: I certainly feel that's much better than in some cases
the 17 days we've got.
Mr. Plummer: All right. So what you're talking about is then, you're
— look towards the middle of March.
Mr. Humphries: That sounds good.
Mr. Plummer: All right, now. First of all, this doesn't become effective...
is this first or second reading.
Mr. Fosmoen: It's a resolution, Commissioner.
Mr. Plummer: All right. A resolution. Becomes effective?
Mr. Fosmoen: Immediately.
Mr. Plummer: Well, hell. Marty.
Mr. Fine: Don't do that,sir. Don't defer.
Mr. Plummer: Marty, you know what I want to tell you people?
Mayor Ferre: Plummer, solve the problem. What are you starting for?
Mr, Plummer: What I want to tell you people is that there i- not a man
in this community that has fought more for housing than this man right here,
and I'm talking about low Income housing, So his history of thinking of
people and housing, let's see what happens,
Mr, Fine* Mr. Plummer, thank you for that comment, And this owner is
h very dedicated and concerned citizen of this community, The answer is
60 days will be fine,
Mayor Ferre: All tight,
Mr, Fine. That's what the lady salsa, two ponths,
Mr, Humphries; i personally will say that"s a heck of a lot better,
fit: Plummer: MT, Mayprt I, ,
Mt. HuCtphtie 3 if 1 could just speak a little bit mote.
(tNA1jD1= $ kOAOUND COMANT PLACED OUTSIDE OF THE PUBLIC RECORD)
Mr. Fine: t4elllet me tell you, wt' te not going to get into a negotiating
session:
Mt. 'Plummet! 'No, 60 days from today is what you've proffered. Is that
what I understand?
Mr. Finet It would be March 15th.
-Mr. Plummer! March 15th is what I spoke about.
Mr. Fine: Now if there are one or twc or three individual hardships, these
people will meet with them and try to assist them in relocation. But I
would hope we not get more invovled with details becasue we're really
getting mixed up.
Mrs Humphries: I agree with you, sir.
Mr. Plummer: Hey, I understand, but it's going to take him 60 days to get
his act together.
Mayor Ferret 60 days is the agreement that the owner evidently...
Mr. Plummer: Mr. Mayor, I move item 9 with the stiuplation that the
resolution become effective March the 15th.
Mayor Ferret Is that all right?
Mr. Fine: Yes.
Mayor Ferrer All right, there is a motion. Is there a second?
Mr. Lacasa: Second.
Mayor Ferret Further discussion..._
Mr. Plummer: Excuse me. I don't want to placate anybody's right tospeak
against the zoning. Do you wish to speak against the zoning, sir, please
do.
Mayor Ferret Plummer, I will, believe me, give -�^crybody that opportunity
Mr. Plummer: I withdraw my motion at this time.
Mr. Roger Teeble: I'm Roger Teebel. I live on 35th. I own my own home
there. I'm worried about the traffic on 35th Street because we have tiie Charter Club
out there. We have more traffic than Biscayne Boulevard at peak hours
hours right now. And'if they have an exit on 35th Street, we,ii put
dynamite on it.
Mr. Plummer; What,sir?
Mr. Teeble; We'll put dynamite on it. We've gut too much troffit on
35th' Street. We've got a street 2U feet wi.sie t1lat is coveredw 81 cars on that
street, it's a real bad situation. Park on one ;aide of that street, it's
a race track right now. Before we have parking both sides, no problem.
Over a -year now we have parking on one side you can't even walk on the
damn street no matter what time at night or th morning. We can't take -
one more ear on 35th Street to get put of there. Because the Charter Club,
by using only one exit, 35tt; Street, And if these guys !come out there
with a 20 story high building with 300, whatever people living there, how
are they going on the street my friend. I wonder, Xou can't even walk
on that street right now,
Mr, fine. f think we can help this genlemar's problem too, There is no
exit on 35th; it's on 34th only,
mr, Te0e1; I hope go"JAN ri
to
a�a+#
i•s
Mayot Vttte3 All tight, Anybody else who wishes t, speak, yeso tia'aifi,
Mrs, kosalyn Millttiaii: I too have no objection to this building. And I
own ptopetty on 34th Street, And there is nothing wtbhg With the 'building
as far as I'm concerned: It's just that the ttaffic now is very bad,
You have Bay Patk Towers Coinifig through to make a right turn to go onto'
Biscayne Boulevard, you have Wendy's that's right on Biscayne Bculevard
and 34th Street there the traffic is impossible to get in and out, finless
they use 35th Avenue to go with the red light, there'b only a 3 lane
street. Are you going to make that a wider street?
Mr, Plummer! Would you consider Only renting to residents who own boats?
(LAUGHTER)
Mrs, Millman: It will improve the neighborhood, I mean, as far as than
goes, And the taxes are going up constantly.
Mr. Fine: Mr, Mayor and members of the Commission, there has been a
traffic study. It's been submitted to your Planning bepartment, it works,
it meets the requirements, and very frankly, I don't know what else there'
is to say that but we have 'folks here who've done it professinally and if
you'd like more detail we'll be happy to give it to you,
Mayor Ferre: I`m satisfied,
Mrs. Millman: What kind of planning do they have for the streets, I mean
what is the planning for the streets. I have no objection to the building.
I'm just talking about the traffic.
Mr. Fine: As I say, the, you know, the investor here didn't just do this
without any thought about it and the traffic engineer has said that they'be
studied it. The streets have the capacity to handle it, and it will work
out and be satisfactory.
Mrs. Millman: k'hy they closed off 35th Street because of the Charter Club.
There is no parking on oine side of the street because of that. Is that
what they plan on doing on 34th?
Mr. Fine: I'm not going to get into that. I have nothing else to say.
If you want to ask the engineer any more questions we'd be glad to do it.
Mayor Ferre: Anybody else. All right, we have a motion on the floor
by Commissioner Plummer for approval following the recommendations of both
Planning and the Zoning Board, seconded by Lacasa, with the condition...
Mr. Plummer: To become effective March 15th.
Mayor Ferre: ...with the condition that it is effective of March 15th"of
1981. Is there further discussion on that motion? All right, call the
roll.
Mr. Carollo; Mr. Mayor, I have a couple of more questions to ask.
Mr., Plummer: I withdraw my motion.
Mayor Ferre; You don't have to withdraw the motion, Plummer. It's just
discussion.
Mr. Carollo; This is under discussion, J. L, The tract P-5 is for the
Charter Club, is that correct?
Mr. Fine; Yes, sit.
Mr, Carollo; At the present zoning, that property that you're asking for Jr.
What exactly now?
Mr, FineIt's R-5 also,
ist x;
Ott, Catoiio•4 it is k-5 also,
Mr, Pine: Yes, sit, And this is a planned area devel,,pment', Mr, Catollo,
whithi for ekample, is sitting back 149 feet from the bay, doing fat
dote landscaping than is required by Ordinance, doing a Very outstanding
building with an atrium and all sorts of amenities. The Urban
Design Review Eoard has said it's one of the finest buildings they've
looked at, The Planning Department tecominended it, we have really, I think
a jewel here that is going to be a great assert and a credit to the
neighborhood and to the community.
Mr, Carollo: If you're going to be 149 feet from the bay I guess we're
assured that it will be at least 50 feet from the bay then.
Mr. Fine: The fellow who measures left earlier. I think we're going to,.,
very good, Thank you,
Mr. Plummer: It depends whether the tide is high or low. (LAUGHTER)
Mr. Fine: Mr, Carollo, that was a good line. I'll have to remember that.
Mr. Plummer: And whether it's Danny Paul's yardstick or someone elses.
Mr. Fine: We're very proud of this building. ,It's a'good building.
Mr. Carollo: As far as the parking spaces go.,.
Mr. Fine: No problem.
Mr. Carollo: ,are there adequate parking spaces provided, Mr. Whipple?
Mr. Whipple: Yes, sir.
Mr. Carollo: All right, I'm ready to vote.
Mayor Ferre All right, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO.'81-70
A RESOLUTION GRANTING A PLANNED AREA DEVELOPMENT
(PAD) ON TRACT OF LAND LOCATED BETWEEN NORTHEAST
34TH AND 35TH STREETS AND APPROXIMATELY THEORETICAL
NORTHEAST 5TH AVENUE AND BISCAYNE BAY TENTATIVE
PLAT NO. 1099-A "BAY POINT PLACE'.', AS PER ARTICLE
XXI-1 OF ORDINANCE NO. 6871 ANDPLANSON FILE, SAID
PLANNED AREA DEVELOPMENT TO CONSIST OF TWO HUNDRED SEVENTY
THREE (273) APARTMENT UNITS IN A PROPOSED TOWER
STRUCTURE; SUBJECT TO CONDITIONS RECOMMENDED BY THE
URBAN DEVELOPMENT_ REVIEW BOARD (1) A RESTUDY AND
RECONSIDERATION OF THE TENNIS AND RACKET BALL COURTS
AREA; (2) PROVIDING OF A LANDSCAPED PUBLIC
PEDESTRIAN EASEMENT ADJACENT TO-BISCAYNE BAY BETWEEN
34TH AND 35TH STREETS; (3) FINAL LANDSCAPE PLAN TO D4
APPROVED BY THE URBAN DEVELOPMENT REVIEW BOARD
INCLUDING DECK AND PAVEMENT MATERIALS. PROPERTY
ZONED R-5 (HIGH DENSITY MULTIPLE) DISTRICT
(Huts follows body of resolution, omitted here and on file
in the Office of the City Cle-rk)
t V
Upon being seconded by toMmissionet Lacasa5 the resolution was
Passed and adopted by the following vote;
AYES: Commissioner J. L. Pluttnnety it,
Commissioner Joe Catollo
Cothmissionet Armando Lacasa
Mayor Maurice A. Ferre
NOES:' None
ABSENT: Commissioner (Rev.) Theodore R. Gibson
751-.0RANT APPEAL BY A1PLICA1;T: VARIANM FOR LOT COVERAGE, YARD
A! -.ID AREA: 5927 11.E. 1ST AVEi1UE
SUBJ .CT TO COODITIONS
Mayor Ferre: We're now on item number 11 which is Pedro Pelaez. This
is an appeal by the applicant of the Zoning Board's denial of variances
All right4 The Planning Department recommended denial. The Zoning
Board recommended denial 4-2. Zoning Board denied 4-2. Item 11. All
right, is the applicant here? All right, we'll hear from the department
first.
Mr. Plummer: Mr. Mayor, basically this was deferred so that we could go
look at it. I want to tell you, here again, even though the one previous
was because of expressways, for whatever reason, this man is stuck with
a -lot that technically he can't really build on. Now he bouth it under
good faith of an R-3. If you design a building go on it, it's a sliver
the way that he would have to comply. I don't think any of us want to sit
here and force an applicant to put together a cracker box.
Mayor Ferre: What?
Mr. Plummer: A cracker box. And I don't know whether the cracker box
would be laying flat or up on end. But either way, in my estimation, this
is definitely a hardship. It's not of his own making, he didn't siphon
off: any of the proerty. And I tell you, that as far as I'm concerned, I
am ready to move it. I think that it is a Justified hardship and you all
do what you want, but I Just wanted to tell you the way I felt about it.
Mayor Ferre: You what?
Mr. Plummer: I. wanted to tell you how I felt about it. Were you listening,
Mayor Ferre: No,
Mt, Plummer: Yes.
Mayor Ferret Is that a motion?
Mr. Plummer: Well is there anybody in objection. I don't know,,,yes ma'am,
If you're an objector, ma'am, please come up and speak,
Mr. Wli pple: Mr, Mayor, perhaps; while the lady is Coming to the microphone.
IJust want to point out to the Commission, I'm not disagreeing with what
y00'd'c, s;1ying, but the coning ordinance does make provisions for reasonable
use of the land coMmonserate with the area of the land, Le., for anything
less than 4,,000 square feet, the Aonirg ordinance says the use of the
property should be limited to a single family► home and that is on sloe
basis that it is over branding, over dovg1ppfng the site without adequate
open spaoe and provisions for the ootppant if you're talking about 2 Units,,
We- 4re talking about 3,000 gguare foots
isx
Mr, plummet! I understand what you're sayfng=.
Mt: Whipple: i just wanted to point that out.
Mt. Plummer! ..,exactly, But I know§ you know, if the man bought that
piece of property and it was toned lt-1,,that would be a different story,
He bought it 'with the full intent that it was R"5, I'm sure he paid
the price of do PA and there was nobody to stand there and to say to
him, and I know buyer bewares I understand that,
Mr. Whipple: I have a Very serious problem with what you're? saying.
Mr. Plummer: Well I've got a serious problem when a man has a '"uildable
`lot that he's got to pay taxes on and he can't put anything on it but a
damn cracker box, Now I have a problem with that:
Mr. Whipple: His taxes are commensurate with his lot area and the value
of the structure being put on the land site,
Mr. Plummer: okay. We have a disagreement. Ma*am, you have the full right, For the record, you name and mailing addrto_ and proceed.
Mrs. Anne Flynn: I'm Anne Flynn and I live at 88 N.E. 59th Terrace. I'm
just cattey-corner from the lot that Mr. Palaez has bought: He has built
a duplex right next door to my house. He built another duplex down the
street at about I'd say about 13th N.E. 59th Terrace. He's buying up lots
in our neighborhood and building duplexes. Yes, on my street it is zoned
for a duplex but it is.very very narrow. The bedrooms that he has built,
I don't know, I guess they have been zoned properly. But to look at it,
I can see it from my bedroom into ... my bathroom into his little bedroom and
it's the same size. The house that he ... the land that he had bought used
to be...I've lived in my property now for the past 28 years. On the
property that he bought used to stand a story house and to build a
duplex in there is very...as you say, a cracker box. But if he wishes, he
could build a 2 story house. Everything now is going sky high. Instead
of going this way it's going up.
Mr. Plummer: So then we have a 2 story cracker box.
Mrs. Flynn: Well if he wants to build on it, that's what was there before,
a 2 story house. Very little parking space And may I add to it, on
these homes they're building more and more. More and more people are coming
in. Our water supply is very very low. I've called the Water Department
asking why the pressure is very low. In the morning,_I turn on the water
I have no pressure. If I water the yard, I have no water in the house. I've
asked about the water pressure and I get the aa.,wer that they have to put
a new pipe on 59th Terrace. In the meantime, there is more and more
_families coming in on that street. Now with the 2 homes that he has built,
that's 4 extra families coming in where it was 2 before. The hater
pressure is low, the parking space is very very bad. Comes evening when
everybody comes home from work, you have to snake your waydownthe
street." The street is full of pot holes. Supposed to have it fixed, but
I don't know how they missedthe holes in the street. There are Ahnut
5 pot holes that you have to zigzagg your way around. So I myself feel
to add more people in that neighborhood, I would say no.
Mr. Carollo; Mr. City Manager, can you take ,,,te of that address and make
sure that our public Works Department takes care of that as soon as
possible please. And can you send me a'note and the rest of the Commission
the minute it's fixed,
Mr. Fosmoon; She can give me the address or i can pull it off the record,
yes,air*
Mr, Carollo; l would appreciate it, sir.
(TN#%UAlgLg f ,ROUND COWNT #' -+4C I) OUTSIDE Of THE #'U .IC itECQI D
Mrs, Flynn; Its 08 'ND, 590 Terrace, Another thing may i ask, I've
tilt' � a
Mrs, Plynn (continued): the gentleman;&.he came over and asked if he
could use my water, I said yes, But then; when I'm not'homei I turn
off my water. And when I've come home a few times the water has been turned
on and I asked him please do not do that, But when he as the paintet5
in the house they splash over to my house. I've asked him please
to take care of thati she side of the house is splashed with the paint
where they were painting inside their rooms, the ceiling where they
have sprayed, When they sprayed with the stuff they ,)ut into the walls]
that came up on my car, I've had to wash my car repeatedly because
no consideration at all. He said he was going to take car,_ of it but he
never has. And no consideration whatsoever when I'm out there... the car
is out there. So everything falls on the car: The car is dusted, When
they are painting they are very Careless also. Thank you.
- Mr, Plummer: Explain to me this co -ownership.
Mr. Palez: Between he and I?
Mr. Plummer: Explain to me the co -ownership.
Mr. Palaez: I don't understand. What do you...
Mr. Plummer: Oky. According to the records here, Pedro R. Palez and
Michael Zogby.
Mr. Palaez: He and I work together. He's my brother-in-law.
Mr. Plummer! He's your brother-in-law.
Mr. Palaez: We buy and build together.
Mr. Plummer: What about this woman's contention.
Mr. Palaez: Well I'don't know. I haven't really checked into it. I
didn't know that she...
Mr. Plummer: Well beside wanting to cut your water off.. The woman is
saying that you _done splashed plaster over her house. You're...I'm
assuming volunteering that if it is the case you're going to remove it?
Mr. Palaez: Yes, sir.
a
t tbtNtIV Eb SPtAXtA: Yes, sir:
Mr, Plummer! f+ve clot a long McMbty.
Rf, Carollo: I think you have no choice but to remove it, it is really a null
point to make abd I think the lady understands also the legal steps she can
take if they decided not to, I think they would be more than willing to do it.
Mayor Verret All might, what is the will of the Commission?
Mr. Plumf►eri Mr. Mayor, I want to remind these people that they are getting
their with granted this evening by this Commission that doesn't have to, Do
you understand that? I think this lady needs some consideration and if she
doesn't get it I want to tell you I've got a long memory. I will move item
lit MY, Mayor:
Mayor Ferret Is there a second?
Mr. Lacasa: second.
Mayor Verret Yes, sir, go ahead.
Mr. Fosmoen: Before you vote, Mr. Campbell has one problem he wo-ald like to
raise,'
_Mr. George Campbell: Mr. Mayor and members of the Commission, for the record
my name is George Campbell, City of Miami Department of r hli. works, Assistant
Design Engineer. At the Zoning Board Meeting when this was heard we requested
as a part of their resolution that they give a voluntary dedication of the
westerly 10 feet of the lot area..
Mr. Plummer: You've got to be kidding.
Mr. Campbell! This is reflected in the sketch attached to the zoning fact
sheet,
Mr. Plummer: What does that do to the configuration that is presently before
us? You're not going to chop him another 10 feet?
Mr. Campbell: No.....
Mr. Whipple: The 3,000 square feet reflects after dedication.
Mr.,Plummer: Oh, I understand that, yes. Do they understand that?
Mr. Campbell: Yes, sir, they do.
Mr. Plummer: Does the City require their surrendering some kind of document?
Mr. Campbell: We will prepare the necessary deed and forward it to the owners.
Mr. Plummer: Oh, and they are in concurrence?
Mr. Campbell: To the best of my knowledge and belief.
Mr, Plummer: Well, we'll make it subject to,
i
Mr. Campbell: Thank you, fine.
Mr. Plummer; Good God, if you cut that lot another 10 feet you couldn't grow
A tree on it. You will make a voluntary submission of such? Well, it is sub-
ject to their volunteering that and subject to the City Attorney'$ approval.
tztNIDENTUTfED SF9WR; We will volunteer it,
Mr, Flummer; I'm so goad to hear you be so forthright and
JAB
The following resolution was ihtroduded by Commissioner Plummer, who
moved its adoption3
RESOLUTION NO, 81"li
A RESOLUTION GRANTING A VARIANCE FROM'ORDINA"CE NO 68110
ARTIett VII, SECTIONS 2(1)(b)1 3(1)(a) AND 3(3)(a) AND 6,
TO PERMIT CONSTRUCTION OF A ONE=STORY DUPLEX RESIDENCE ON
LOT 8 LESS S25' AND LESS W10'; BLOCK 1; ROCkMOORE VILLA
TRACT (4=182)t BEING APPROXIMATELY 5927 NORTHEAST FIRST
AVENUE, AS PER SITE PLAN ON FILE, WITH 10' FRONT YARD
(20' REQUIRED), 5' REAR YARD (20' REQUIRED), 43,32% LOT
COVERAGE (30% ALLOWED), AND 3,001.2 SQ, FT PROVIDED
(4,000 SQ. FT. REQUIRED)' ZONED k�3 (LOW DENSI-Y MULTIPLE) _
DISTRICT, SUBJECT TO THE DEDICATION OF THE WEST 10 FT. OF
N75' LOT 8.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk:)
Upon being seconded by Commissioner Lacasa the resolution was
passed and adopted by the following vote -
AYES, Commissioner Joe Carollo
Commissioner Armando Lacasa —
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Theodore R. Gibson.
r52. DEFERRAL OF ACTION ON APPEAL BY AN OBJECTOR TO
ZONING BOARD GRANTING VARIANCE: 700 N.E. 22ND TERRACE
CITY COMMISSION TO INSPECT PROPERTY.
Mr. William H. Brown: William H. Brown, I live at 2121 N. Bayshore Drive, a
condo. That is the next street to the property in question here.
Mr. Plummer: Sir, are you the applicant?
Mr. Brown: No, I'm in objection to this.
Mr. Plummer All right, sir, well the policy here is that the applicant speaks
first "then you get your right to speak and then. t.c has rebuttal.
Mr. Michael Freeman: My name is Michael Freeman, 153 Sevilla Avenue on behalf
of the 'applicant, Wilfredo Paredes. We have no real information other than
the appeal which was filed which is basically an appeal that says they appealed
the decision of the Zoning Board.
Mr. Plummer: Well then I'm sorry. 'Sir, I stand corrected, you then are the
applicant since you took the appeal. I'm sorry. So you have the first shot, _
he has the second and you have the last.
Mr, Brown: In order to shorten what goes on, I want to read you the last
paragraph of what the Planning Department said. The Department is recom-
mending that you deny all three of these variances. We see no hardship in
this instance. in fact, we are concerned that if the variances are granted
hardships will be imposed on adjacent properties. What we recommend is that
instead the applicant be made to modify his design to conform with the zoning
ordinance. This would mean reducing the building 2 to 3 stories, It would
mean probably reducing the unit Size in order to reduce the lot coverage, We
feel that this would offer a much better design answer for development in the
area, Where is one more thing, Agard member Steve Canner, the fact that he
voted against it is a good indication for you {Commissioners to follow the
same path.
Mayor Terre: Well, 1 don't follow that,
Mr, Brown; Well, ?:Qr:orahle Steve darner, T worked for his distinguished baikar
father and Steve comes from a good famiiy and he knowp What }fie is doing.,
Mayor Vettdi Okay, 1 get the point hdWi thank you, All right, anybody else'?
Mt, Plutinett Yes# Mk, May6ft I fail to understand what his basic objection
it, Sirp What it your basic objection, to the setbacks?
Mt. ttowh! (NAUbibili Mt MNO MICROPHON-E)
Mt, Pluftett A h6fiky-t6hkj airy
Mr. 8town! Yes, sir.
Mt, Plummer: Have you seen this`? I've just .:.'en it for the first time, but
have you teen the ptopogal?
Mt. troWnt Let me say thit, The first time that I got a notice about this
I drove Up 22nd Street to where this property is. They allow perking, not
angle parking because the street isn't big ehough, on one side. I drove up
the street, Somebody Was in back of met now I couldn't get out because that
street isn't that wide. So 1 had to either drive into the bay, I couldn't
go left, 1 couldn't go right and the in back of me went to an apartment
and 1 was stuck there for a half an hour. That's the kind of at area you've
got.
mt, Plummer: All right, sit, what your objectiuri is is the traffic problem,
is that y3ur objection?
Mt. Brown: Yes, that's one thing, And then it could be a fire trap. The
Fire Department couldn't even get in there# you have no streets.
Mr. Plummer! All right, sit.
INAUDIBLE STATEMENT FROM AUDIENCE.
Mayor Ferret Yes, if you go on the record. But get to the microphone and make
your statement - name, address,
Mr. Jerry Schocken: I'm Jerry Schocken, 2121 N. Bayshore Drive and also part
owner of the property )ust west of this parcel. I would like to point out
that the two streets that bound this parcel are both - should be in quotations
one is a 22nd Terrace which is about 20 feet wide and allows parking. The
other that runs north and south is about 15 feet wide and doesn't even have a
name. The problem there is that even the garbage trucks and any kind of emergency
vehicles, nobody can get through that thing if there is one car blocking it and
what we're saying is we're taking a parcel, building ten units on it which
would I think by the City allowances would mean that there would have to be 15
cars in that area, it would just be an impossible situation. I have spoken to
the Fire Department today and they promised to get back to me with some survey
on it.
Mr. Plummer: Sir, let me stop you, I am completely losing something here, I
am going to move for deferral so I can go personally look at it, sit. I've
got to do that. Somewhere I'm losing something on this thing. You know, I
understand the man, the gentleman's problem with traffic, I think that can be
worked out, I don't know. My concern is when the gentleman raises the ques-
tion of fire trucks and the availability of the fire trucks. I'm going to
look at the parcel personally And I will request that this Commission defer
it until the next meeting.
Mr. Schoc%en; Fine.
Mt, Freeman; Mr. Plummer, in response to that, we have had an engineer, a
traffic survey made if you would like to hear his comments now,
Mr, Plummar; Well, I don't need t that, sir, you I have set on this CommisT Pion for an awfully long time And there is just something when you go look
at it with your own eye that you can't do by looking at a picture or 4
.schematic and Z hate to do this to you but unless I have the opportunity to
99 100% at it I will vote negatively. All right? so I'm just putting that -
up front for you, Pir, 9%ay7
Mayor FOrre; All right, there is a motion to defer item #1.O is -bara a A 's q
ond? goppndod by i-49agg# gall the roll,
4.
JAN
The following fnotion was intioduced by Commissioner Plummer who Moved
its adoptioh.A
MOTION No, 81-72
A MOTION DEFERRING C6N8fbt ATION of AN APPEAL MADE BY AN
OBJECTOR {MR: WttttAM 14, BROWN) To THE EONtNd BOARD'S GRANT-
ING OF A VARIANCE FOR YARDS AND LOT COVERAGE, AT APPROXIMATELY
100 N,E, 22Nb TERRACE SO MEMBERS OF "t CITY COMMISSION CAN
INSPECT THE PROPERTY,
Upon being seconded by Commissioner Lacasa, the motion was passed and
adopted by the following vote -
AYES., Commissioner Armando Lacasa
Commissioner J. L. Plummer, dr.
Mayor Maurice A. Ferre
NOES: None,
ABSENT: Commissioners Carollo and Gibson.
ON ROLL CALL
Mayor Ferrel Before you record my vote, to the objectors that are here, the
item is being deferred because Commissioner Plummer wishes to to go and look
at the property more carefully otherwise he is going to vote no which is what
you want but.....
UNIDENTIFIED FEMALE SPEAKER We would certainly appreciate that. We 'very
much appreciate it. Can we ask you one question?
Mayor Ferre: Sure.
UNIDENTIFIED FEMALE SPEAKER: I came here last time, I didn't have a notice, I
heard it at the grocery store from a neighbor. I heard it last Saturday night
that you were having another meeting at the grocery store from a neighbor.
Now, grant you I know it is in the paper and I don't have time to go through
the paper.
Mr. Plummer: We're going to tell you right now, ma'am, it is going to be back
here on the 26th of February.
UNIDENTIFIED FEMALE SPEAKER: Perfect.
Mayor Ferre: _I'm sorry you didn't get notified. How come they didn't get noti-
fied?
UNIDENTIFIED FEMALE SPEAKER: We've owned the proerty there for a year and a
half and these people have owned their's for years,
Mayor Ferre: How come they weren't notified?
Mr. Plummer; Do you get your tax bill?
UNIDENTIFIED FEMALE SPEAKER: Yes, we did.
Mr. A, Perez; Two things, we will check the list of property owners immediately
to see if they are on the list of property owners, Mr. Mayor. Also, we have
been "having problems with a great number of returns from the post office and we
have'requested applicants to check the tax role again and the tax role has been
corrected and we have had these returns from the post office.
Mayor Ferre; Eut I'll tell you, Mr. Perez, my problem with that is I would
understand it if one or two were missing but when all these people who live
within the required area,,,.
UNIDENTIFIED FEMALE SP9A=. R; We live ,next door to it.
Mr, Perez; Would you believe we received 41 letters back from one case and
they Were the 41 owners of record and the addresses were correct?
Mayor Ferre; Well Why did Yoe receive them hack7 l donut understand, Well,
why would the post office return it?
Flr. Ferox; Addressee Unknown►
Mr: Plummer:` Mr. Mayot, because of the new reason that says a 15 cent postage
stamp is 3 cents for mail and 12 cents for storage.
Mayor Ferret All tight# so -try, well! see you on the 26th,
UNIDENTtfttb FEMA 5tAXtAt Thank you very much, and w:, appreciate your corn-
ing up to check it, We would appreciate it if you came in the evening.
Mr. Plummer: Not ma'ah, 1 never do,
0NIDENTIP1tb FEMALE SPEAktk! Eidn't mean it that way, sir.
UNIDENTIFIED MALE SPEAKER: Thank you for the opportunity.
ANOTHER &NIDENTIV= FEMALE SPEAKtAt Mr. Mayor, Commissioners, . it would
be a wonderful idea if you drive by after five and you will see 4hat kind of
mess the traffic is in that section,
Mayor Verret Plummer does it all the time. Thank you.
53. GRANT EXTENSION OF CONDITIONAL USE FOR PA.iKING_-
550 N.E. 2 AVENUE PORTION! DEALING WITH GARAGE
AND DRIVE-IN TELLER WAS DEFERRED.
Mr. Plummer: Mr. Mayor, on Item 13 1 express not to this particular applica-
tion but you will recall, and I would like to ask the department at this time.
Mr. Whipple, sir, 3, 4, or 5 months ago I asked for the necessary legislation
that all drive-in tellers for bFinks whether on premises or off premise, a reso-
lution be drawn that they automatically be brought before this Commission. I
have not seen that ordinance.
Mr. Whipple: Yes, sir, that's true, you did request it, it should have been
forthcoming. It will be forthcoming, we have one request, if it is appropriate
and perhaps we have an opportunity to workshop it with the Commissionprior to
sending it forward to the Planning Advisory Board and on back up here for
adoption.
Mr. Plummer: I have no problem with that but I can't workshop it if I don't
see it.
Mr. Whipple: We'll be glad to do it at your next workshop.
Mr. Plummer: I really fail to see the reason, though, I'll tell you truth-
fully why you've got to have a workshop when the only request is that any drive-
in -teller application be brought before this Com.:.'..sior, automatically.
Mr. Whipple: Now, you understand that we have discussed this briefly before
and I'm suggesting` that perhaps if you 'want revised standards we can adopt
revised standards.
Mr. Plummer: Okay.
Mr. Whipple: All I'm suggesting, I hate to burden the City Commission with
this if we can approve appropriate standards where it wouldn't necessary for
your Soncerns.
Mr. Plummer: I have no problem with that. Mr. Anderson, Mr. Mayor, Mike,
let me tell you what my problem is and then maybe you can address it in your
presentation. My problem is that most of these drive-in tellers that they're
Putting today, they are not providing enough off-street stacking, it is
creating all kinds of havoc. Your particular proposal is on N. 1E, 6th Street,
Okay? That happens to be the second probably busiest street around because of
the port and oars fly: down N. 9, 6th Street .as you know and I know. Now, I
want some proof that your drive-in teller is going to provide x-number of
off-street'stacking spaces.
Mayor Ferro; What hank is this?
Mr, Plummer; This is a proposed bank obvioNsly,
Ar- Q,4r9119; ThW o the goestion that I'va been trying to find out; whst
bank or wing@ and io& is this going to be for,
JAN2 IV 1
Mf: Michel Andett6hc Mt. Mayor and members of the Cohmissionr 1 represent
the applicant for ektensi0h of two Conditional uses and because of the ton-
cerns 1 would ask that the Second one regatding the bank be deferred and
that the first one> 1 don't think there is any opposition to that which is
the parking garage, Actually, we don't }cake a name for a bank at this point,
We are not on 6th, the project is on Gth Street but our entry it on 2nd
Avenue,
Mayor Perre: Wait a minute, this is an application for a non -bank, you don't
have a charter from the state or the federal government?
Mr. Anderson- Noi we're asking for a conditional use for a drive-iti teller
facility so that we can plan for it in the project but we don't have a charter
at this point.
Mr. Carollo I for one am not going to vote on something that 1 don't know
who is going to end up in there. 1 like to know who all the players are
before I vote upon it.
Mr. Andersont That's why 1 asked for a deferral on this second matter. I
don't think there is any problem with the first one.,
Mr. Whipple: The first one he is referring to, this is C-3 zoning and off-
street parking and garages do require conditional use approval in the C-3
zone and we have no objections to that.
Mr. Anderson: These conditional uses were recommended by the Downtown Develop-
ment Authority, the Department of Off -Street Parking, the,...... -
Mayor Ferre': Well, where is the 409 room hotel?
Mr. Anderson: Mr. Mayor, would you like me to make.a presentation? I would
like to defer the second portion but I would like, maybe 1'could make a presen-
tation for you.
Mayor Ferret Okay, .go ahead.
Mr. Plummer: Well, but wait a minute.
Mayor Ferret I mean I want to understand what the heck this is all about.
Mr. Carollo: Yes, I certainly don't.
Mr. Plummer: Okay.
Mr. Fosmoen: Would you like us to take a few minutes and give you the back-
ground on this, Mr. Mayor?
Mr. Plummer: Well wait a minute, hold on just a minute. Okay? Because I'm
looking something here that has me completely blown. You're showing, on the
corner of N. E.'5th Street and 2nd Avenue a church and I know that there is
a laundromat there and I didn't ever see anybody pray in a laundromat.'
Mr. Whipple: That's probably not the applicant's fault.
Mr. Plummer; This is your document, Mr. Whipple.
Mr, Whipple; I said it is probably not the applicant's fault, it is probably
our fault with our designation. I would like to suggest if I may to the Com-
mission that what was proposed and went through the Zoning Board was a pro-
posal for a Ramada Inn, a ,parking facility and garage, commercial development
request for drive-in tellers in conjunction with a proposed bank and all these
Counts the department and the Zoning Board recommend approval so that is it in
A nutshell. It is a hotel facility being proposed by the Ramada Inn,
Mr, Plummer: 13ut it isn't on the - you see, my problem, Mr. W'hi�pple, is the
church is on First Avenue.
Kr, Whipple; 1 do not reme*or what is on, but I know what is proposed and
the proposal dopy run from 5th to 6th street ph the west side of end Avenue,
Mr- Plu►mer; Mike, what is on the proposed Site of where yQu`'re 9oin9 t4
Wild present.ly7
Xr Anderson: There is 4 gas station
Mr, plumert That's oh '6th Streats
Mkr Ahderaofit A15artthent buildihq it on tth street.
Mr, Pluf att Apartf htl Oho well that's probably tht_n deeper. tsn't there a
iauhdt6mat or what is it# a dry dleafter?
Mr Andereont it used to be a laundrottat apparently.
Mt. plumart Well Okay+ let the get to the nuts and bolts of this thing because
as I see it your parking structure as proposed is on the 6th street side, right?
Mr. Anderson It is proposed that way. The entrany is on 2nd Avenue to the
parking,,the exit is proposed for 6th Street
Mayor Ferree Does your client have plans for this hotel?
Mr. Anderson: I can show you the rendering and we have the plans which were
required, we have site plans and we have typical elevations and typical floor
plans.
Mayor Ferret okay, go ahead,
Mr. Plummer: I'm assuming that the plans you ;,dve for the hotel are in accord
with the C-3
Mr. Anderson: Yes,
Mayor Ferret Oh, I see, this is what I read about in the newspapers about a
month or two ago.
Mr. Anderson: Yes. We are not asking for any variances, it is strictly two
conditional uses which we ask for. The hotel is scheduled to be built in two
phases, the first phase to be 259 units and the structure is planned to have
another 150 units above it in the tower. There is going to be 36,000 square
feet of retail space, most of it is on the first floor. Some of it is on the ,
second floor. A bank of 4,000 feet on the first floor and there is going to
be about 4,000 ssqure feet of meeting rooms and about 9,000 square feet of
restaurant. We had to ask for a conditional use for a 550 car parking garage
because in the downtown area you're not allowed to build parking without a
conditional use and we went to the Department of Traffic and Transportation,
the Off -Street Parking Authority, the Downtown Development Authority and the
Greater Miami Chamber of Commerce, the Planning Department, all of them have
recommended approval of; the project and the two conditional uses that we
sought. We were granted one conditional use unanimously which was the park-
ing garage and one of the individuals on the board had a problem, didn't know
what bank was going to go in there and we felt to do the planning properly we
had to show the bank, we couldn't simply build it after as an after thought
if we were going to do; that and we haven't gotten a bank confirmed. Obviously,
if we don't have a bank we're going to have to do something else with that
particular aspect of it. But I think we will have it. All of the parking,
all of the entry to the 'parking is on N. E.-2nd Avenue and the exit to the
parking is on 6th Street.
Mr. Plummer; Question. Mr. Foemoen,` how if any way does this relate to the
downtown loop, the People Mover?
Mr. Foamoen: The DPM, the Downtown People Mover? It goes up 5th Street but
it passes, I mean there is no station programmed at this location.
Mr. Plummer: Don't let me sit here and approve zoning to magnify the cost
of the acquisition for the People hover,
Mr, Fosmoent NA, it does not interfere with the route of the People Mover,
Remember, ComsnisPioner, that this item and all of these things have been
before the Zoning Board six months ago, The only reason that it is here is
because it is an extension of a Oonditional Use Permit,
Mr, Plumner; Yea, end X r , yoamoonr let me tell you, sir, this � s a changing
world and a`lot of things chimpin 5 tenths, l will tell you l have sat on
the Committee► for the Downtown People Mover for 2 years, 3 ytwaf sir, and
every other month the 4&mn9d route chengov,
rosmoen t Thin dose not nepetivoly impact the route of the PPM,
, whipplet lbore is no right-of-woy appisitionalpng nth Sheet at all
150
Mt. Anderson: the acquisition, the Downtown People Movet is scheduled for
the south side of 5th Street and the City 6Wh§ the fire station but the
County owns the test of that block.
Mr. PlUftef. Fihe,`Mike, I just don't want to have scinebody come back scream-
ing at ft saying you just cost the County extra Million dollars of acquisition
because you approved a parcel to build on.
Mr, Fosfnoen: It's a reasonable question, Commissioner.
Mr, Plummer: You know, I've had it happen. Do you remember the People's =
tank at N.E. 2 Avenue and 4th street? I heard that one. Nobody around here
reminded us that there was a planned acquisition or a planned widening of the
street, the newspapers started eating us alive that we increased the cost
and I'm ;just trying to avoid it. Mr. Mayor, if it is in order I move that
portion as requested. I do ask a question of this: If you don't get your
second portion, an extension, you realize you lose it is my understanding, is
that correct? If he doesn't get his extension then he starts all over, again.
Excuse me? But I'm talking about to the drive-in tellers. If. he doesn't get
his extension, he understands he loses it and has to start all over again.
Mr. Anderson: Can we have a deferral and then have it come back without los-
ing it? —
Mr. Plummer: Well, that's why I said to you you'd better rely, I have no prob-
lem with that.
Mr. Whipple: Well;it is my understanding that if the Commission desires a
deferral that this would put a stay on that limitation until they act positively
one way or the other on it.
Mayor Ferret All right, are you talking about resolution l or 27
Mr. Whipple: Having to do with the drive-in tellers, sir.
Mayor Ferret I realize that, there are two resolutions there. So let's move
along. What is the ....
Mr. Fosmoen: You would defer the extension until the 26th, it's (b).
Mr. Anderson: If you don't have a problem with the second conditional use
then I certainly would ask.....
Mr. Plummer: Well, I do have a problem until you can show me a plan of where
you're going to stack cars
Mr. Whipple: The drive-in teller is the (b) portion, the conditional use for
the parking is the (a) portion.
Mr. Plummer: All right, I move the (a) portion for another year extension and
-I defer the (b) portion until such time as the applicant proffers to this Com
mission adequate proof that there is proper stacking off-street provided for
drive-in tellers.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION] NO. 81-73
A RESOLUTION GRANTING A ONES -YEAR EXTENSION OF A CONDITIONAL
USE AS LISTED IN ORDINANCE NO. 6871, ARTICLE XV, SECTION 2($)(a),
TO PERMIT A 550-CAR PARKING GARAGE IN CONJUNCTION WITH A
4-9-ROOM HOTEL AND RETAIL STORES ON LOTS 1, 2r 3, 5, 17, 18,
18 AND 20; BLOCK 62N; MIAMI (B-41) BEING APPROXIMATELY 550
NORTHEAST SECOND AVENU9 AS PER SITE PLANS ON FILE; ZONED
C-3 (CENTRAL MMKERC1AL)
(Here follows body of regs4lutiQn, Omitted here and on file
in the Office of the City Clerk.)
Upon beihq secohddd by d6ftilgsibner taoaga the resolution was
passed and Ad6ptad by the fbllowing vote
AYt9i doe Garcllo
COt ibbibher Armando iacaaa
CaffAissibnar J. t, plumerp Jr.
Mayot Maurice A. Ferro
w6tg : Mom,
Ass%NT! vioemMayor Theodore R. Oibsbns
54. N SCUSSION ITEM; LOCATION OP FORENSIC HOSPITAL.
Mr. rosmoen: Mr. Mayor, Mr. Reid is here .: that concludes the Zoning agenda
Mr. Reid is here to give g you brief update on the discussion on the forensic
hospital since that issue is moving rather rapidly through the community.
Mayor Ferret Okay, Mr. Reid, the Chair recognizes you.
Mr. Reid: very quickly, Mr. Mayor, the County has been working with the State
to find a location for a major prison facility within Dade County and for a
smaller forensic hospital from 1:50 to 200 beds. The criteria set by the County
_
for this facility, the forensic hospital say that it should be near the Dade
- County Justice Building andnearJackson, Memorial Hospital so the sites that
they are considering are sites within the City of Miami. They passed a reso-
lution last Tuesday wanting to set up a joint meeting with the City, of Miami
to discuss these sites and they indicated to the City that they prefer three
sites. They prefer our existing Incinerator site across from the Santa Clara
Station, the jail and police station site and the old Valenti's Restaurant.
We have concerns, (1) we have told them that the policy on this is to be set
by the City Commission and so that any.staff comments have been just to clar-
ify what neighborhood plans are for these sites.' The Incinerator site which
is listed is site (2) on the map, that is their preferred site. The second
site that they're interested in is our existing or our old police station jail
site and the third site is the Valenti's Restaurant which is a very small site
and the property across the street from it. We have told them basically the
Incinerator site across from the Rapid Transit ........
Mayor Ferret Did you look at Bay Heights and Noc-a-tee street? It's, close
to Mercy Hospital, don't knock it.
Mr. Reid: Well, they want to be close to Jackson and close to the Justice
Building but they do have three preferred sites and there are some other
sites we think are interesting. This is a state office building now, the
State plans to move out of this building and move down to the Government
Center by 1987. if they accelerated that time table they could build on the
State Office Building. This is a vacant parking lot...,
Mayor Ferret Maybe we could combine both bunches.
-
Mr. Reid; This is a vacant parking lot right next to Jackson Meir....ial Hospital
That is another site where you could, Jackson wants to kut a garage on the site,
they could build a garage and put the facility on top of it so there are other
potential sites. They did also take a look at our r9C site but decided it was
too big and too expensive. So they bottom line is they were going to request
a joint City/County Meeting on this, they have three preferred sites, they
have two other possible sites and we will be prepared to provide you much more
information at that time but we wanted to make you aware that this process is
going forward,
�
Mr. PlumOrs So they're talking +ut the Zncinerato€► the Old Police Puildfng,.
Reid: The 'Valenti restaurant with their little parking p#rcel acr'oop the
street which is a very small site and adjacent to a coWunity we want to TeZ9ne
for a more high density residential next to the transit sto p,
Mt, Vosffiodfi: We should Also indicate to the LoMissioff that the staff hay
96MO defy §dti6U§ td§t VAti6f § Abo-Ut the tnsifidtAtof site, tt is ack6§s
the street from a ffiajor tapid tfah9it stati6h,
Mt, A#eid: The Santa Ciata Stati6h fight there.
Mt, posmoefi: And we would wonder Whether that is an apptopf iate blade fdf
A forensic hospital.
Mr. %did: This is an institution that is going to be there tot 46 years at
least,
Mayor Fetret' tecause Of the noise factor?
Mr► rosmoen: Because we think there are higher uses for the area. I should
also point out to the Commission that if we're looking at the Old Municipal
Jail site the property values in that area are getting up there rather high.
The most recent sale which was for Bays Inn was for about $16 a square foot.
There are sOM6 parcels in there that have gone upwards of $30 a square foot.
Mr. Reid: 34.
Mayor Ferre: Do they pay us for that?
Mr. Fosmoen: Well, they do have a budget which is, of course, controlled by
the State and they have a total budget for the hospital and for the jail.
They have a budget for land acquisition. If they can find a prison site for
free that gives them more dollars to acquire land for a forensic.
Mayor Ferrel I've got news for you, there's one here voting that ain't voting
for no free land for no State of Florida. They don't give us many things.
Mr. Fosmoen: Mr. Mayor, that particular site in my opinion would provide us
With a pretty good -leg upon funding an administration building and I would
hate to see us start giving it away.
Mr. Reid They have 2#000,000 now to acquire the forensic hospital and 6,000,000
to acquire the jail. If they got the jail for free on a County site in the
County there would be potentially 8,000,000 available for land acquisition.
Mayor Ferre: Well, we would welcome that. Do you need any action from us?
Mr. Reid: No, the County as I understand it is ,going to request a joint City/
County Meeting on this and we expect the State and the County to come in and
justify the facility.
Mayor Ferre: We walk in like this. It is our turn again. Is there anything
else that needs to be discussed on the forensic hospital? Any other questions,
statements or otherwise? If not, is there a motion for us to adjourn? Do you
have anything else? Mr. Clark, Mr. Carollo, Mr. Lacasa? All right, we stand
adjourned.
r.
b5t MISCELLANEOUS Dt9tU69t6N1 MtDIA CARS StiNG
fICKETEb AND i'OWED, CROWD MMOL P969L�MS At
THE NEW IMMIGRATION 600IN4.
Mr. PlUmar! I'm §drryr the only thing l want to ao is to ask the administration►,
I'm getting try phone, for some reason they're Picking on me Arid none of the rest
of you, This situation that we dealt with at the Commission level twice about
the rhedia and their parking their cars in the d6Wfttown area. All I'm asking for
is it be scheduled for the next agenda, they're towing} the media cars, they're
ticketing them and i'M just asking that it be scheduled for ,he next agenda.
Mayor Perree hell, you don't need to give them a Commission Meeting for that,
Mr. Plummere .....&and I said that I was going to bring 'up, and no action
tonight. Mr.
9 posmoen, in the. same manner of Grace kockafellar's legitimate
complaints about the food stamp center on 59th Street, from personal observation-*
we have As bad or a worse problem existing with the new Immigration Buiidinq.
The lines in that place are unbelievable on the sidewalk. Now would you please
come back with a report at the next meeting tellinq us whac you can do if any-
thing. It is bad, it really is and some people are going to get hurt down
there.
Mr. Fosmoen Certainly, we've got 70,000 new applicants..
Mr. Plummere okay, well, I'm saying to you please look at it.
There being no further business to come before the City
Commission, the meetirtg was adjourned at 9 40 O'Clock P. M.
MAURICE A. RERRE
M A Y 0 R
ATTEST:
RALPH G. ONGIE
CITY CLERK
MATTY HIRAI
Nw 'Ism
ASSISTANT CITY CLERK �Ncoao oa�TE s:1r
1S sb �„•
51 4
Q
JA P 2 2" 381
_ CITY OF N"AMI
ITEM NO,
1
2
3
4
5
6
7
8
9
10
11
12
1.3
14
15
16
17
18
mmlw NOW
INDEX
DOCUMEfrf IDENTIFICATION
COMMISSION AGENDA AND CITY CLERK REPORT
ACCEPT BID FIELD LIGHTING FOR MIAMI BASEBALL STADIUM
ORDERING RESOLUTION MANOR HIGHWAY IMPROVEMENT
PHASE I.
CLOSE CERTAIN STREETS: COCONUT GROVE ART FESTIVAL.
YORUBA SPANISH HERITAGE - ACCEPT GRANT
CONTRACT.000ONUT GROVE LOCAL. DEVELOPMENT CORPORATION,
INC. NEIGHBORHOOD ECONOMIC DEVELOPMENT
AGREEMENT EVENSON DODGE INC. TO PROVIDE HOUSING
FINANCIAL ADVISORY SERVICES, LOW AND MODERATE INCOME
HOUSING
AGREEMENTS. VARIOUS SCHOOLS FOR TRAINING SERVICES CETA
TITLE II-D AND VI PARTICIPANTS.
FLORIDA LEGISLATURE. TO ALLOW DADE COUNTY TO MAINTAIN
SOUTH FLORIDA BUILDING CODE FOR DADE COUNTY
ACCEPT COMPLETED WORK -FIRE STATION NO. 4
REAPPOINTMENT OF DON MARCH, JR. AS SECOND
REPRESENTATIVE OF CITY OF MIAMI EMPLOYEES RETIREMENT
BOARD SYSTEM.
RESCHEDULE REGULAR CITY COMMISSION MEETING TO FEBRUARY
1.1, 1981.
ACCEPT COMPLETED WORK SUNSET ENTERPRISES,INC.
FOR COCONUT GROVE BUSINESS AREA-SIDE14ALK AND STREET
LIGHT MODIFICATIONS.
ACCEPT COMPLETED WORK. SABRE CORPORATION FOR ORANGE
BOWL REPAIRS AUTHORIZE FINAL PAYMENT. ETC.
ACCEPT COMPLETED WORK. DMP CORPORATION FOR BISCAYNE
BOULEVARD. BEAUTIFICATION PROJECT. AUTHORIZE
FINAL PAYMENT. ETC.
APPOINT RICHARD L. FOSMOEN AS CITY MANAGER SUBJECT
TO HIS CONTINUING STIPULATION.
SANTA CL.ARA RAPID TRANSIT STATION AREA PLAN
VACATE. AND CLOSE ALLEY. N.E. 16TH STREET AND N.W. 15TH
STREET TENTATIVE PLAT. "ST. JOHNS TRACT".
MEETING DATE:
JANUARY 22, 1981
COMMISSION
R-81-48
R-81-49
R-81-50
R-81-53
R-81-54
R-81-55
R-81-56
R-81-57
R-81-58
R-81-59
R-81-60
R-81-61
R-81-62
R-81-63
R-81-64
R-81-65
R-81-66
0056
81-48
81-49
81-50
81-53
81-54
81-55
81-56
81-57
81-58
81-59
81-60
81-61
81-62
81-63
81-64
81-65
81-66
r0 CU EN mi D E
CONTINUED
IV NO. DOCUMENT IDENTIFICATION
19 ACCEPT PLAT. ED14ELING SUBDIVISION
20 ACCEPT PLAT. VENETIAN HARBOUR
21 GRANT APPLICATION FOR PLANNED AREA DEVELOPMENT
(273 UNITS) NE 34 AND 35 STREETS, THEORETICAL
5TH AVENUE AND BISCAYNE BAY, NOTE:THIS RESOLUTION
CARRIES AN EFFECTIVE DATE OF MARCH 15, 1981.
21 'RANT APPEAL. BY APPLICANT: VARIANCE FOR LOT COVERAGE,
YARD AND AREA: 5927 NE. 1ST AVENUE SUBJECT TO
CONDITIONS
22 GRANT EXTENSION OF CONDITIONAL USE FOR PARKING
550 NE. 2ND AVENUE PORTION DEALING WITH GARAGE
AND DRIVE-IN TELLER
R-81-67
R-81-68
R-81-70
R-81-71
R-8t-73
PAGE
#2
EMI AL--
19
ODE -NO -.__-Al
11
81-67
81-68
81-70
81-71
81-73
11