HomeMy WebLinkAboutCC 1981-01-15 Minutesr
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COA�t�IS O 0"h1IP
C14INII�_ _ �.�l1L-1'&DA
. �t�'J ► (REGULAR) SUBJECT JANUARY 15, 1981 rMNANCE�
()LUttCi�`V No, PAGE N01
1
BRIEF DISCUSSION ITEMS: DEFERRAL OF AGENDA ITEM "A"-
`
ITEM "B" REQUIRES NO FURTHER DISCUSSION-
DISCUSSION OF HIRING FREEZE
DI3CUSS10N
1.=2
2
APPROVE MINUTES OF SEPTEMBER 25 SPECIAL MEETING REFER
TO MEMORIAL COMMITTEE RENAMING OF ONE BUILDING IN THE
LITTLE HAVANA COMMUNITY CENTER IN HONOR OF MANOLO
REBOSO
M-81-1.A
2-3
3
CONDOLENCES TO THE FAMILY OF JOYCE V. DIEFFENDERFER
R-81-2
3
4
ACCEPT LAND AND WATER CONSERVATION FUND
GRANT $300,000
R-81-3
4
5
LEND $1,750,000 FROM CAPITAL IMPROVEMENT FUND TO
GENERAL OBLIGATION FIRE FIGHTING FACILITIES BOND FUND
FIRE TRAINING FACILITIES AND CLOSED CIRCUIT T.V.
SYSTEM
R-81--4
4
6
AUTHORIZE CITY MANAGER TO NEGOTIATE AND EXECUTE
PROFESSIONAL SERVICES AGREEMENT: E.H. FRIEND AND CO.
ASSISTANCE IN PENSION MATTERS
R-81-5
5
7
ALLOCATE $7,500 FIRE FIGHTING FIRE PREVENTION BOND
ISSUE CHANGE COLOR SPECIFICATIONS- 5 104 FT. AERIAL
LADDER TRUCKS
R-81-6
6
8
ACCEPT COMPLETED WORK: ADMINISTRATION BUILDING-
_
SHAFER AND MILLER INC.
R-81-7
6
9
AUTHORIZE CITY MANAGER TO NEGOTIATE AGREEMENT:
DENNIS A VINTON INC-ADAPTED RECREATION PROJECT
R-81-8
7'
- 10
RELEASE ISLAND CLAWS PRODUCTIONS, JOINT VENTURE FROM
OBLIGATIONS AND REMOVAL OF "ISLE OF CLAWS" MOVIE SET
VIRGINIA KEY PROPERTY
R-81-9
8
11
APPOINT THOMAS POST TO SERVE AS A MEMBER OF THE
DOWNTOWN DEVELOPMENT AUTHORITY
R-81-10
9
— 12
APPROVE I YEAR EXTENSION OF EMPLOYMENT: MARCOS A.
KOHLY PUBLICITY WRITER (BEYOND THE AGE OF 70)
R-81-11
13
RENAME CITY OF MIAMI LITTLE HAVANA MINI PARK
ERNESTO LECUONA PARK
R-81-12
11
14
CLAIM SETTLEMENT; EVELYN ADAM$ AND DOROTHEA BROWN
R-81-13
12
15
CLAIM SETTLEMENT: LILIAN FELDMAN
R-81-14
13
16
ACCEPT COMPLETED WORK; ADMINISTRATION BUILDING PARKING
LOT FENCING-QUAID INSTALLATION INC.
R-81-15
14
17
ACCEPT COMPLETED WORK; ORANGE BOMB,, REPAIRS RESTROOM
RENOVATIQN-MET CONSTRUCTION INC.
,81-16
14
r I NANCE 0f�
10 NO, (REGULAR) C N JANUARY 15, 1981 SOWTJ NO PAGE NO,
18 EMERGENCY ORDINANCE: REPEAL ADOPTED PROVISIONS ON
19
20
21
22
23
24
25
26
27
28
29
30
jE
32
33
LICENSING AND REGULATION OF ADULT MOTION PICTURE
THEATRES
FIRST READING ORDINANCE: FIRE APPARATUS ACQUISITION,
REPLACEMENTS AND MODIFICATIONS TO NEW ADMINISTRATION
BUILDING
FIRST AND SECOND READING ORDINANCE: ESTABLISH NEW
T S A FUND EDA ECONOMIC ADJUSTMENT ASSISTANCE GRANT
FIRST AND SECOND READING ORDINANCE: AMEND SECTIONS 5
ORD. 6145 FEES FOR BUILDING, PLUMBING, ELECTRICAL,
MECHANICAL INCLUDING BOILER AND ELEVATOR,INSPECTIONS,
PERMIT AND CERTIFICATE FEES BY A CORRECTION
FIRST AND SECOND READING ORDINANCE: AMEND CAPITAL
IMPROVEMENT FUND SUBSECTION IX-$30,000 FOR RENOVATION
TO THE WATSON BUILDING
ACCEPT COMPLETED WORK— THEODORE R. GIBSON PARK.
DEFERRAL 01: AUTHORIZATION TO FINANCE DIRECTOR TO PAY
$560,524 FOR OFFICE FURNITURE FOR ADMINISTRATION
BUILDING UNTIL AFTER COURT HAS RENDERED JUDGMENT —
INQUIRY INTO EDUCATIONAL BACKGROUND TO MR. MULLINS
PURCHASING AGENT
REQUEST ADMINISTRATION AND LAW DEPARTMENT TO RESEARCH
CITY OF MIAMI ADVERTISING TO DETERMINE APPROPRIATENESS
OF SIZE OF ADS. ETC.
HIRING FREEZE: DIRECT PREPARATION OF DOCUMENTS FOR
POSSIBLE "SUNSETTING" OR "ZERO BASED BUDGETING" FOR
CITY DEPARTMENTS. UN —FREEZE. 14 CRITICAL POSITIONS IN
BUDGET AND MANAGEMENT AND ONE ASSISTANT DIRECTOR OF
FINANCE
WAIVE REQUIREMENT FOR SEALED BIDS; GAS TURBINE LIGHT—
WEIGHT MODULE PUMP SYSTEM FOR FIRE DEPARTMENT
DEFERRAL OF ACCEPTANCE OF BID ON MIAMI STADIUM -FIELD --
LIGHTING
PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS
MAYOR ANNOUNCES GRANTS FROM H,U,D, FOR RIOT DAMAGED
BUSINESS AND AID FOR CUBAN AND HAITIAN REFUGEES
PERSONAL APPEARANCE: MR, SKIP SHEPPARD ANI) MR, O'DANIEL
REGARDING VI:SIBLEE POLICE OFFICERS IN DOWNTOWN' AREA
PUBLIC HEARING; DEVI'LOPMENT ORDERS FOR SOUTHEAST BANK
MIAMI CENTER 11=LONG PUBLIC DISCUSSION AND TEMPORARILY
DEFERRED
ERSONAL APPEARANCE; ATHALIE RANGE REGARDING FLEA
RK
ORD. 9227
FIRST READING
l ORD. 9212,111
I ORD. 9229
ORD. 9230
R-81-,l7
M--81-18
I M-81--19
M-81-20
M-81-21
R-81-22
IM-81-23
(DISCUSSION
DISCUSSION
1SCUSSION
DISCUSSION
15
16-17 —
i 17-18 —
��
L0
22
2 3 — 3 8
138-39
s
40-48 s
49-•51
51-54
54-55
55
55-56
157�1Op
_. _,.IrT AT OLD SHELL CITY STTE 24 10p^101
l
���� =-�� N FL MRIDA
CI (�Y�7�ISS O�� OF MI
PAGE �t3
r
rsoLUT16-i No. PAGE NO,
.,�SVECT
34
PERSONAL APPERANCE: GRACE ROCKAFELLAR REGARDING
`
FOOD STAMP OPERATION AT 518 N,E. 79T8 STREET
M-81-25
102-115 _
35
GRANT REQUEST OF NEW WASHINGTON HEIGHTS ECONOMIC
DEVELOPMENT CONFERENCE -ADDITIONAL FUNDING IN THE
AMOUNT OF $7,700
M-81-26
116-1.20
36
APPROVE REQUEST OF JOSE MENDEZ FOR ADDITIONAL FUNDING
(C.D.) 14YNWOOD ELDERLY CENTER
M-81-27
120-I23
37
CONTINUED DISCUSSION AND SERIES OF MOTIONS: (A)
DEVELOPIMENT ORDER FOR SOUTHEAST BANK
M-81-28
124-164
M-81-29
N1-81-30
M-81-- 31
M--81-3='
;1-81-33
M,-81-34
M-,81-35
M-81-36
38
(A) DEVELOPMENT ORDER FOR MIAMI CENTER -PHASE II
(B) INSTRUCT CITY MANAGER TO INITIATE FEASIBILITY
STUDY DUPONT PLAZA FOR POSSIBLE PEDESTRIAN, BRIDGE
BETWEEN CONVENTION CENTER AND DUPONT PLAZA HOTEL
AND APARTMENTS
M-81-37
164
M-81-38
39
REFER TO MEMORIAL 4COMLMITTEE NAMES FOR CONSIDERATION:
BUILDINGS IN THE LITTLE HAVANA COMMUNITY CENTER
M-81-39
166-168
40
illTH
CHANGE DATE OF FEBRUARY COMMISSION MEETING TO FEBRUARY
M-81-40
168
41
REFER TO ;MEMORIAL COMMITTEE POSSIBLE RENAMING OF ANNEX
STRIP PEACOCK PARK IN HONOR OF KENNETH MEYERS
M-81-41
169-170
MINUTES OF REGULAR MEETING OF THE
CITY CO14MISSION OF MIAMI, FLORIDA
On the 15th day of January, 1981, the City Commission of Miami,
Florida, met at its regular meeting place in the City Hall, 3500 pan
American Drive, Miami, Florida in regular session,
The meeting was called to order at 9:06§ by Mayor Ferre with the
following members of the Commission found to be present.
Commissioner J. L. Plummer, Jr.
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
ABSENT: Commissioner Joe Carollo and Commissioner. Armando Lacasa
ALSO PRESENT WERE:
R. L. Fosmoen, City Manager
George F. Knox, City Attorney
Ralph G. Ongie, City Clerk
Matty Hirai, Assistant City Clerk
An incocation was delivered by Reverend Gibson who then led those
present in a pledge of allegiance to the flag.
1 1. BRIEF DISCUSSION ITE."iS: Deferral of Agenda Item "A"
Item "B" requires no further discussion
Discussion of Hiring Freeze
Mr. Fosmoen: Mr. Dyer had asked that Item 1 be deferred. We will
reschedule it for next Thursday if he is going to be available. He was
called out of town on urgent business. Mr. Reed is here to discuss the
Bay Management Plan. We did discuss this in the Workshop yesterday.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Plummer: Father, I don't think that Mr. Reid has anything further
f' since the two of us were both present yesterday. I see no reason for
further discussion.
Mr. Reid: We have recieved direction from the Commission and we will
proceed according to that.
Mr. Plummer: So be it,
Mr. Fosmoen: The third item is a discussion of exemptions to the hiring
freeze and I would prefer that we have...
Rev. Gibson: We have heard that,
Mr, Plummer: Nope, We have heard that, Is there anything further than
what we heard yesterday?
Mr, Fosmoen; Yes, I will be asking you for an exemption to those critical
Positions,
Mr, Plummer; Is that in the form of a resolution? Is there a motion
or a resolution on the agenda?
Mr, Fosmoen; It's for discussion commissioner and a position from the
Commissim on whether or not we could exempt these positions,
01
JAN 15 1981
Item. Gibson: Well, we heard that yestetday=
Mr. Plummer: We heard that yesterday. Anything else?
Mr. Posinoen: Yesy I would like a sense of direction from the Commission.
Rev. Gibson: But we need a majority,
Mt. Plummer: If we are going to have a vote we are going to have to have
a third person. At this point we don't have a Vote.
Rev, Gibson: That's right, we need a majority vote.
Mr. Plummer: Just move it over to the next agenda. -,
:2.APPROVE MINUTES.OF SEPTEMBER 25 SPECIAL rTETING
REFER TO MEMORIAL COALIITTEE RENAMING OF ONE BUILDIN7IN HE71
LITTLE HAVANA CO�LMUNIITY CENTER IN HONOR OF MANOLO RFBOSO
APPROVE.MINUTES OF SEPTEMBER 25 SPECIAL MEETING
Mr. Plummer: I will move the minutes of the 25th.
Mayor Ferrer This is,a regular City of Miami Commission Meeting and
we have the minutes of. the 25th of September. There was a motion for
approval and there is a second. Under discussion I would like to ask
the Clerk's Office --- October, November, December ---we are what three
months behind now.
Mr. Plummer: No, sir. We are working on December. They are at the
Print Shop.
— Mayur_�Ok, further discussion? Alright, call the roll.
ON MOTION duly made and seconded by the City Commission, the
Minutes for the meeting of September 25, 1980 was approved.
REFER TO MDTORIAL CCAMITTEE RENAMING OF ONE BUILDING IN
THE LITTLE HAVANA COKMIUNITY CENTER IN HONOR OF MANOLO
REBOSO
Mayor Ferre: We have the renaming of the Little Havana Community Center
and Riverside Elderly Housing Project. I think you have all received
the memorandum which I sent. And basically, what I was saying is that
I think it would be appropriate to name one of the buildings of the
three buildings in the Little Havana Community Center for the first
Cuban 'American elected I think in the United States and if not, certainly
in this community that the public office naming Manolo Reboso.
- Mr. Plummer: Are you making a motion, Mr. Mayor, that, that be sent to
the Memorial. Committee as normal?
Mayor Ferre: Yes, I just that's the way we have always done this,
Mr. Plummer: That's the proper procedure. I will make such a motion
or if you wish I will second it?
Mayor Ferre: Sure, it duesn't matter.
Rev, Gibson: Well, you wa4t to make the motion?
Mayor Terre, It doesn't matter.
Rev, Gibson: Alright, call the roll, PiC-409,
02 JAN 1
The following motion Was introduced by Commissioner Ferte, who
moved its adoption:
MOTION NO, 81s1,A
A MOTION OF THE CITY COMMISSION REFERRING TO THE
'M MORTAL COMMITTEE THE CITY COMMISSION RECOM�,IENDATION
FOR POSSIBLE RENAMING OF A BUILDING IN THE LITTLE
HAVANA COMMUNITY CENTER IN HONOR OF MANOLO REBOSO,
711E FIRST CUBAN AMERICAN EVER TO BE ELECTED IN THIS
COMMUNITY.
Upon being seconded by Commissioner Plummer, the motiort was passed
and adopted by the following vote:
AYES: Mr. Plummer, Vice --Mayor Gibson and Mayor Ferre.
NOES: None,
ABSENT: Mr. Lacasa and Mr. Carollo. (Mr. Carollo indicated a yes vote on this
item (see item 39)
1 3. CONDOLENCES TO THE FAMILY OF JOYCE V. DIEFFENDERFER
.--- � 77 -1
Mr. Plummer: I will move Item 11.
Rev. Gibson Second.,
Mayor Ferre: Alright, there is a motion and a second on Item 11., further
discussion, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 81-2
A RESOLUTION EXPRESSING THE DEEPEST
SORROW AND GRIEF BY THE CITY COMMISSION
ON BEHALF OF THE CITIZENS OF THE CITY OF
MIAMI, FLORIDA, TO THE FAMILY AND FRIENDS
OF JOYCE DIEFFENDERFER.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Mr. Plummer, Vice -Mayor Gibson and Mayor Ferre,
NOES: None,
ABSENT: Mr. Lacasa and Mr. Carollo.
03 JAN 1 9 1
4. ACCEPT LAND A14D WATER CONSERVATION FUND GMNI
$300oOOO
i
i
F
Mayor Ferre.` Take up T__fi
em 11A.
F
Mr. Plummer: Move it.
t
Rev. Gibson: Second.
Mayor Ferre: Moved and seconded, further discussion, call the roll.
The following resolution was introduced by Commissioner Pluritmer, who
moved its adoption:
RESOLUTION NO. 81-3
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT A FEDERAL LAND AND WATER CONSERVATION
FUND GRANT IN THE KMOUNT OF $600,000 AND A
FLORIDA DEPARTMENT Oc NATURAL RESOURCES GRANT
IN THE AMOUNT OF $300,000 FOR THE IMPROVEMENT
AND UPGRADING OF BOTH MANOR PARK AND GIBSON
PARK; FURTHER AUTHORIZING THE CITY MANAGER
TO EXECUTE APPROPRIATE AGREEMENTS IN IMPLE-
INIENTING SAID GRANTS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Mr. Plummer, Vice -Mayor Gibson and IMLayor Ferre.
NOES: None.
ABSENT Mr. Lacasa and Mr. Carollo.
5. LEi D $1,7 50, 000 FROM CAPITAL IMPROVEtENT FUND TO
GENERAL OBLIGATION FIRE FIGHTING FACILITIES BOND FUND
FIRE '!RAINING FACILITIES AND CLOSED CIRCUIT T.V. SYSTEti
- Mayor Ferre: Take up Ill.
Mr. Plummer: Move it.
Rev. Gibson: Second.
Mayor Ferre; Moved and seconded, further discussion, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO., 81-4
A HF'SOLU'TION TRANSFERRING $1, 750, 000
FROM 'THE CAPITAL IMPROVEMENT FUND TO
THE GENERAL OBLICA.TION FIRE FIGHTING
FACILITIES BONA FUND FOR THE PURPOSE OF
PROVIDING FUNDS FOR THE OONSTAUCTjON OF
�.04 JAfa 15 `5n
THE FIRE FIGHTING TRAINING FACILITIES
' AND CLOSED CIRCUIT TELEVISION SYSTEM
�
WITH PROCEEDS FROM THE ISSUANCE AND SALE
OF PREVIOUSLY AUTHORIZED FIRE FIGHTING
_ FACILITIES BONDS TO BE USED TO RMMURSE
THE CAPITAL IMPROVEMENT FUND IN A tUMP
SUM PAYRENT INCLUSIVE OF INTEREST AT A
RATE OF 6% VPON THE SALE OF SAID BONDS.
(Here follows body of resolution* omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Mr. Plummer, Vice -Mayor Gibson and Mayor Ferre,
NOES: None.
ABSENT: Mr. Lacasa and Mr. Carollo.
c.
CITY MANAGER TO NEGOTIATE AND EXECUTE PROFESSIONAL
,
SERVICES AGREEMENT: E. H. FRIEND AND CO:
[:6.AUTHORIZE
_ ASSISTANCE IN PENSION MATTERS.
Mayor Ferre: Take up 11C.
Mr. Plummer: Move it.
Rev. Gibson: Second.
Mayor Ferrer Moved and seconded, further discussion, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 81-5
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH THE FIRM OF E. H.'FRIEND AND COMPANY
FOR EXPERT ASSISTANCE IN PENSION MATTERS AT A COST
NOT TO EXCEED $35,000 WITH FUNDS THEREFOR ALLOCATED
FROM THE CONTINGENCY FUND,
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote;
AYES; Mr, Plummer, Vice -Mayor Gibson and Mayor Ferre.
— NOES; None.
ABSENT; Mr. Lacasa and Mr. Carollp.
'ati:l"earsSax2a"a4tEuri rkrw:xaF.uiawxrm....o.��.. -
7. ALLOCATE $7,500 FIRE FIGHTING FIRE PREVENTION BOND ISSUE
CHANGE COLOR SPECIFICATIONS - 5 1044 FT, AERIAL LADDER TRUCKS
Mayor Ferre: Take up Item 12A.
L
Mr. Plummer: Move it.
�tt
Rev. Gibson Second. F
Mayor Ferre: It's been seconded, further discussion, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved itsadoption:
RESOLUTION NO. 81-6
A RESOLUTION ALLOCATING THE AMOUNT OF $7,500
FROM THE 1976 FIRE FIGHTING, FIRE, PREVENTION,
AND RESCUE FACILITIES BOND FUND TO COVER THE
EXPENSE OF CHANGING THE COLOR SPECIFICATIONS FOR
FIVE RECENTLY -ACQUIRED 104 FOOT AERIAL LADDER
TRUCKS. SAID SITM TO BE PAID TO THE MANUFACTURERS,
LADDER TOWERS, INC., REPRESENTING PART OF THE
COST INVOLVED IN REPAINTING THE BOOMS ON SAID
TRUCKS TO CONFORM WITH THE NEW SPECIFICATIONS
SUBMITTED BY THE FIRE DEPARTMENT; AUTHORIZING
THE CIT1' MANIAGER TO INSTRUCT THE PURCHASING
AGENT TO ISSUE THE PURCHASE ORDER FOR THIS
EXPENDITURE.
(Here follows body of resolution, omitted here and on file
in the. Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Mr. Plummer, Vice -Mayor Gibson and Mayor Ferre.
— NOES: None
ABSENT: Mr. Lacasa and Mr. Carollo.
8. ACCEPT COMPLETED WOP.K: ADMINISTRATION BUILDING
Shafer and Miller Inc.
Mayor Ferre; Take up Item 13.
Rev, Gibson: Move,
Mr. Plummer; I will second it for discussion and ask why this con[r-_ect
ran over.
UNIDiNTIF19D SPEAKIR: For your information we did use up all of the
EPA Funds and we ran over because of additional items that were specified
in the contract, Additional items that were requested to be put into the
building,
Nr- Flu%mr: Very poor planning, Very poor planning,
Mayor Petre: further discussion?
Mr. Grittttt►: Cotmmissioner, I would like inter jetted, we kind of did it
on purpose,
Mr. Plummer: That's even worse.
Mr. Grimm: No, it's not because it was their money. And it was stuff
that we could use:
Rev. Gibson: Question?
Mayor Ferre: Alright, further discussion on Item 13, call the roll.
is
The following resolution was introduced by Commissioner Gibson, who
moved its adoption:
RESOLUTION NO. 81-7
A RESOLUTION ACCEPTING THE COMPLETED WORK
OF SHAFER AND MILLER, INC. FOR THE
ADMINISTRATION BUILDING (2ND BIDDING) AT
A TOTAL COST OF $3,271,658.60; AUTHORIZING
AN INCREASE IN THE CONTRACT IN THE NET
AMOUNT OF $28,768.00; AND AUTHORIZING A
FINAL PAYMENT OF $119,142.23
(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: Mr. Plummer, Vice -Mayor Gibson and Mayor Ferre.
NOES: None
ABSENT: Mr. Lacasa and Mr. Carollo.
_ NOTE FOR RECORD: AGENDA ITEM NUMBER 14 WAS WITHDRAWN
AGENDA ITEM NUMBER 15 WAS TEMPORARILY DEFERRED
9. AUTHORIZE CITY MANAGER TO NEGOTIATE AGREEMENT:
DENNIS A VINTON INC.
ADAPTED RECREATION PROJECT
Mayor Ferre: Alright, we are now on Item #16,
Mr. Plummer: Move it,
Mayor Ferre; 16 has been moved and seconded, further discussion, call
the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption;
RESOLUTION NO, 81,8
A KESOLVTION AUTHORIZING THE CITY MANAGED TO
ENTER INTO 'JIJE ATTACHED AGREMUT WITH DENNIS A,
VINTON. INC,, FOR PROFESSIONAL. SERVICES IN
CONJUNCTION WITH THE STAFF TRAINING FOR AD
APTFD
PRECREATION PROJECT, IN ACCORDANCE WITH THE TERMS
AND CONDITIONS OF SAID AGUMNT, WITH FUNDS q
0
*57-
11HEREFOR ALLOCATED FROM Vt DEPARTMENT OF
LEISURE SERVICES, PROJECT STAYF TRAINING FOR
ADAPTED RECREATION GRANT FUND.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk),
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Mr. Plummer, Vice -Mayor Gibson and Mayor Ferre.
NOES: None,
ABSENT: Mr. Lacasa and Mr. Carollo. _
10. RELEASE ISI.A":D CLAWS PRODUCTIONS, JOINT VENTURE FROM
OBLIGATIONS AND REM10VAL OF "ISLE OF CLAWS" MOVIE SET
VIRGINIA KEY PROPERTY
Mayor Ferre: Item 17?
Mr. Plummer: Move it.
Mayor Ferre: Further discussion, call the roll.
The following resolution was introduced by Commissioner Plummer, who
- moved its adoption:
RESOLUTION NO. $1-9
A RESOLUTION RELEASING ISLAND CLAWS PRODUCTIONS, JOINT
VENTURE, FROM OBLIGATLONS OF REMOVAL OF THE "ISLE OF
CLAWS" MOVIE SET AND FROM THE RESTORATION OF THE CITY'S
PROPERTY ON VIRGINIA KEY TO ITS ORIGINAL CONDITION
PRIOR TO ISLAND CLAWS PRODUCTIONS'USE; AND FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE,A BILL OF SALE
WITH ISLAND CLAWS PRODUCTIONS FOR ALL PERSONAL PROPERTY
INCLUDING ANY AND ALL BUILDINGS CONSTRUCTED FOR AND IN
CONSIDERATION OF THE SUM OF $1.00 TO BE PAID BY THE CITY
OF MIAMI.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Mr. Plummer, Vice -Mayor and Mayor Ferre.
NOES: None,
ABSENT: Mr. L,acasa and Mr. Carollo,
JA N 15 1981
NOTE FOR EEtom Ac=A ITEM M M M 18 WAS WIT14bMWN
■
11► APPOINT THO:iAS POST TO SERVE AS A MEMBER OF THE
DOWNTOWN DEVELOPMENT AUTHORITY
Mayor Ferre: Take up 20.
Mr. Plummer: I will be happy to move that.
Mayor Ferret Is there a second?
Rev. Gibson: Second.
Mayor Ferret Alright, under discussion. Dick, make sure now that Tom
Post doesn't have any kind of a conflict since he is part owner of that
marina outfit that is going... Do they have a contract yet?
Mr: Fosmoen: No, sir.
Mr. Plummer: At this point there is no contract. There cannot be a
conflict. There might come a day that he might have to consider a
conflict.
Mayor Ferre: Well, I just wouldn't want him snookered into a situation
where he is embarrassed about it.
Mr. Fosmoen: Yes. We do not have a contract and as you know we have
two negative appraisals on that contract. So I think it's going to be
a while.
Mayor Ferre: So legally there is no conflict at this point.
Mr. Plummer: Well, even... would there be a conflict I think is something
that would have to be researched. I personally, because he is involved
in a management contract. I don't personally see it would be a conflict.
Mayor Ferre: Oh, yes, the law is very clear on that. Absolutely.
Mr. Plummer: Is it? Well, if the law is clear then...
Mr. Knox: Now, as to the Downtown Development Authority there is an
exemption which exist in the Metropolitan Dade County Code which we
are bound by for the Downtown Development Authority and Tourist Development
- Authority. So...
Mayor Ferre: What does that mean?
Mr. Knox: Well, it means.that the traditional requirements of a
conflict of interest would not apply to those persons whc sit on the
DDA provided however, that if they feel that a conflict exist they
simply not note on the matter.
Mayor Ferre; Ok, it's been moved and seconded, further discussion..
Rev. Gibson: Well,.,. Go ahead.
Mayor Ferre: I just don't want to embarrass the man,
Rev. Cibson: Yes, well.,. because I'm going to raise another question.
Now, you All know I'm going to raise another question,
Mr, Plummer: Alright, let's call the roll on this one.
Rev, Gibson: Let's call the roll.
09 JAB 1 81
The following resolution was inttoduced by Cofttissionet Plummetj
who
tnoved its adoption!
RESOLUTION NOW 81-10
A RESOLUTION APPOINTING THOMAS POST TO
SERVE AS A MEMBER OF THE BOARD OF DIRECTORS
OF THE DOWNTOWN DEVELOPMENT AUTIMITY OF
THE CITY OF MIAMI FOR A TERM EXPIRING'
JUNE 304 1984.
(Here follows body of tesolution, omitted here and on file
j
in the Office of the City Clerk),
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following voter
AYES: Mr. Plummer, Vice -Mayor Gibson and Mayor Ferre.
NOES: None.
ABSENT: Mr. Lacasa and Mr. Carollo.
FURTHER DISCUSSION:
Rev. Gibson: Now, I heard what you said, George, and I hope that is
applicable in other matters. You know, I raised the question because
I didn't want to be embarrassed out here. You remember that?
Mr. Knox: Yes, sir.
Mayor Ferre: What is this in reference to?
Mr. Knox: 'There are three exemptions. One is for architects who sit
_
on the Design Board of the County. The second exemption is for the
DDA and the third exemption is for the Tourist Development Authority
and those are the only exemptions that exist.
Rev. Gibson: Alright, you remember the question I raised because we
were challenged out here?
- Mr. Knox: Yes, sir.
Rev. Gibson: Alright, explain to us the question.
Mr. Knox: Alright, that question related to the Civil Service Board-
and the Civil Service Board is one that where the conflict of interest
provisions would apply.
Rev. Gibson; Right, I just... you know, I don't...
Mr. Plummer: It's not one of the three exemptions.
Rev. Gibson: Huh?'
Mr, Plummer: There is three exemptions he says and that's not one of
them,
Mar, Knox: That's eorarect,
Rev, Gibson; You see, I don't want anybody to come back here and say
that
we, you know,,, beware of the Athenians bearing wreaths, Alright,
1 >«+,i1�
t
12, APPROVE 1-YEAR EXTENSION OF E�'IPLOYMENT: R0009 A, KOHLY
PUBLICITY WRITER (BEYOND THE AGE OF 70)
Mayor Ferre: Plummer moves 21,
Rev, Gibson: Second,
Mayor Terre: Gibson seconds. And I will tell you if Marcos Kohly is
seventy years old... you don't look any seventy years old to -me. You
are sure of that. Now, you got a birth certificate to prove it? Ok.
Call the roll. _
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 81-11
A RESOLUTION APPROVING A ONE (1) YEAR
EXTENSION OF F,1PLOYMENT PAST THE AGE
OF 70 FOR r!ARCOS'A KOHLY, PUBLICITY
WRITER, DEPARTMENT OF INFORMATION AND
VISITORS EFFECTIVE JUNE 13, 1980, THROUGH
JUNE 13. 1981, WITH THE PROVISION THAT IN
THE EVENT OF A ROLLBACK OR LAYOFF, MARCOS
A. KOHLY, RATHER THAN A JUNIOR EMPLOYEE
WOULD BE AFFECTED.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Conunissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Mr. Plummer, Vice -Mayor Gibson and Mayor.
NOES: None.
ABSENT: Mr. Carollo and Mr. Lacasa.
13. RENA1iE CITY OF MINMI, LITTLE HAVANA MINI PARK
ERNESTO LECUONA PARK
Mayor Ferre We are now on Item 22.
Mr. Plummer: Has that been through the recommendation of the Memorial
Committee?
Mr. Fosmoen: Yes.
Mr. Plummer; dove it,
Rev, Gibson: second,
Mayor Ferre; Alright, further discussion, call the roll,
11
,iAN
15
i984
The following resolution was inttoduted by Commissioner Plummet, who
moved its adoption:
f
RESOLUTION) NO, 81-12
A RESOLUTION RENAMING THE CITY OP MWIt
LITTLE HAVANA MINI PARK, LOCATED IN THE
_ VICINITY OF 900 S.W. 1ST STREET] THE
"ERNESTO LECUONA PARK", HONORING THE
MEMORY OF THE RENOWNED CUBAN COMPOSER. -
(Here follows body of resolution, omitted here an4-on file
in the Office of the City Clerk) .
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Mr. Plummer, Vice -Mayor Gibson and Mayor Ferre.
NOES: None.
ABSENT: Mr. Carollo and Mr. Lacasa.
14 CLAIM SET':I.EHFNT EVEI.YN ADVIIS AND DOROTHEA BROWN
Mayor Ferre: We are on 23.
Mr. Plummer: We have no choice. Move it.
Mayor Ferre: Is there a second?
Rev. Gibson: Second.
Mayor Ferre: Is there farther discussion? Call the roll.
The following resolution was introduced by Commissioner
Plummer, who
moved its adoption:
RESOLUTION NO. 81-13
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE OF THE CITY OF MIAMI TO PAY TO
DORETHEA BROWN, AS PERSONAL REPRESENTATIVE
OF THE. ESTATE OF EVELYN ADAMS, DECEASED,
AND DORETHEA BROWN, INDIVIDUALLY, THE SUIT
OF THIRTY THOUSAND DOLLARS ($300000,00) IN
FULL ANIP COMPLETE SETTLEMENT OF ALL BODILY
INJURY, PERSONAL INJURY PROTECTION LIENS,
WORKMENS COMPENSATION LIENS., CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI AND DAN
BAILEY, AND UPON EXECUTION OF A RELEASE,
RELEASING THE CITY OF MIAMI AND DAN BAILEY
FROM ALL CLAIMS AND DEMANDS,
(Here follows body of resolution, omltW bete and
on file
in the Office of Oe City CI+ rk) 7
A11
1
Upoh being seconded b; Comnlissioier Gibson$ the fesolutioti
was
passed acid adopted by the foilowiftg Mote:
AYES: Mt, Plummet, Vice -Mayor Gibson and Mayor Feftey
NOES: None,
ABSENT! Mr. Carollo and Mr. Lacasa.
15: CLAIM SETTLEMENT: LILLIA,ti FELD,VLN
Mayor Ferre: Take up 24.
Mr. Plummer: Same thing, move it.
Rev. Gibson: Second.
Mayor Ferre: Further discussion, call the roll.
The following resolution was introduced by Comnissioner Plummer, who
moved its adoption:
RESOLUTION NO. 81-14
— A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE
TO PAY TO LILLIAN FELDMAN', WITHOUT THE ADMISSION
OF LIABILITY, THE SUM OF $20,000.00 IN FULL AND
COMPLETE SETTLEMENT OF ALL BODILY INJURY, PERSONAL
INJURY PROTECTION LIENS, WORKMENS COMPENSATION
LIENS, CLAIMS AND DEMANDS AGAINST THE CITY OF
MIAII AND BERNARD BARKER, AND UPON EXECUTION OF
— A RELEASE, RELEASING THE CITY FROM ALL CLAIMS
AND DEMANDS.
(Here follows body of resolution, omitted here and on
file
in the Office of the City Clerk).
Upon being seconded by CommissionerGibson, the resolution
was
passed and adopted by the following vote:
AYES: Mr. Plummer, 'Vice -Mayor Gibson and Mayor Ferre.
NOES: None.
ABSENT: Mr. Carollo and Mr. Lacasa.
NOTE* ITEMS 25, 25A, 26 and 29 WERE REMOVED FROM THE
CONSENT AGENDA,
CONSENT AGENDA ITEMS
16, ACCEPT COMPLETED WORK: Am.1INISTRATION BUILDINGS
PARKING LOT FENCING
Quaid Installation Inca
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 81-15
A RESOLUTION ACCEPTING THE COMPLETED
WORK OF QUAID INSTALLATION, INC. AT
A TOTAL COST OF $9,439.00 FOR
ADMINISTRATION BUILDING - PARKING LOT
FENCING; AND AUTHORIZING A FINAL
PAYMENT OF $943.90
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk). -
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Mr. Pluruner, Vice -,Mayor Gibson and Mayor Ferre.
NOES: None.
ABSENT: Mr. Carollo and Mr. Lacasa.
17. ACCEPT COMPLETED WORK: ORANGE BOWL REPAIRS RESTROOM
RENOVATION
Met Construction Inc.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 81-16
-A RESOLUTION ACCEPTING THE COMPLETED WORK
OF MET.CONSTRUCTION, INC. AT A TOTAL COST
OF $288,887.00 FOR ORANGE BOWL REPAIRS
RESTROOM RENOVATION *- 1980; AND AUTHOR-
IZING A FINAL PAYMENT OF $45,172.40
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote;
AYES; Mr. Plummer, Vice -Mayor Gibson and Mayor perre,
NOES: None,
ABSENT; Mr, Carollo and Mr, Lacass,
Ak #
{COMMISSIONER LACASA ENTERED THE MEETING AT 0i.35 A,M,)
NOTE FOR RECORb: AGENDA t.TEMS 25 and 26 and 29 WERE DEFERREt?
18, EMERGENCY ORDINANCE: REPEAL ADOPTED PROVISIONS ON
LICENSING AND REGULATION OF ADULT NOTION PICTURE THEATRES
:
Mayor Ferret We are now on Item 5A, on adult motion picture theatres
and adult book stores. This repeals a certain,adopted provisions on
licensing and regulation: Is there any discussion on that? is there a
motion?
Mr. Plummer: Move it.
Mayor Ferre: Moved by Plummer.
Rev. Gibson: Second.
Mayor Ferret Seconded by Gi5a3on, further discussion on emergency? Read
the ordinance. Call the rol.".
AN ORDINANCE ENTITLED
A.N EMERGENCY ORDINANCE REPEALING CERTAIN PROVI-
SIONS OF SECTION I OF ORDINANCE NO.
9132, ADOPTED JULY 24, 1980, UTHICH HAD
REPEAT-ED ORDINANCE NO. 8758, ADOPTED
FEBRUARY 23, 1978, ON THE SUBJECT OF
LICENSING AND REGULATION OF ADULT MOTION
PICTURE THEATRES AND ADULT BOOK STORES
AND WHICH HAD ESTABLISHED NEW LICENSING
AND REGULATORY MEASURES FOR SUCH ESTABLISH- _
MENTS; CONTAINING A SEVERABILITY PROVISION
AND DISPENSING WITH THE REQUIREMENT OF
READIING SAME O'N TWO SEPARATE DAYS BY
A VCTF% OF NOT LESS THAN FOUR -FIFTHS OF
THE MEMBERS OF THE COMMISSION.
Was introduces by Commissioner Plummer and seconded by Commissioner Gibson
for adoption as an emergency measure and dispensing with the requirement
of reading 'same on two separate days, which was agreed to by the following
vote:
AYES Mr. Plummer, Mr. Lacasa, Vice. -Mayor Gibson and Mayor Ferre.
NOES: None.
- ABSENT: Mr. Carollo.
ABSTAINING: None,
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Gibson, adopted said Ordinance by the following vote:
AYES: Mr. Plummer, Mr. Lacasa, Vice -Mayor Gibson and Mayor Ferre.
NOES: None
ABSENT: Mr. Carollo.
ABSTAINING: None.
SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE. NO. 9227
The City Attorney read the ordinance into the public record and
announced that copies were available to members of the City Commission
and to the public.
a
1
19, FIRST READING ORDINANCE: FIRE APPARATUS ACQUISITION,
REPLACEMENTS AND 140DIFlCAT'IONS TO NEW AWMINISTRATION BUILDING
(COMMISSIONER CAROLLO ENTERED THE MEETING AT 9:40 A,M,)
Mayor Ferre: On Item 6 for Fire Apparatus Acquisition, RepfacementE and
Modifications, and for the New City Administration Building. Is there
a motion on this?
Mr. Plummer: I will move it for first reading only.
Mr. Lacasa: Second.
Mayor Ferre: Alright, it's been moved and seconded. Would you explain
what the problem is on first and second reading?
Mr. Plummer: Yes. Mr. Mayor, this as you see does tie into other things
and I still have some problems with the necessity of a fire moat for the
City of Miami and that's...
Rev. Gibson: By the what?
Mr. Plummer: Fire Boat. And that's included in the grouping.
Rev. Gibson: A boat?
Mr. Plummer: A boat.. So let's pass it on first reading and let the
second reading take its natural course.
Mayor Ferre: Alright, read the ordinance on Item 6. Further discussion?
Rev. Gibson: Mr. Mayor, I'm going to vote for it, but I want to raise
a question after.
Mayor Ferre-. Alright, further discussion, 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.B.1.) FOR FIRE APPARATUS ACQUI-
SITION, REPLACEMENTS AND MODIFICATIONS (ITEM III.B.5.)
AND FOR THE NEW CITY ADMINISTRATION BUILDING (ITEM III.
8.6. 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 ANTICI-
PATED 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
II1,B.3.), RESCUE SERVICE APPARATUS AND EQUIPMENT (ITEM
III..B,4.), NEW CTTY ADMINISTRATION BUILDING (ITEM III,
B.6. TRANSFERRED TO ITEM IX.B.(i)6.), BREATHING APPARATUS
(ITEM 1II.B.7.), HOSE TOWERS, FIRE PREVENTION VEHICLES
AND OTHER FIRE. EQUIPMENT (ITEM III,B.8,), FIRE BOAT (ITEM
III,B,Io.), COMPUTER AIDED DISPATCH SYSTEM (ITEM III,B.I1.)
AND FIRE TRAINING FACIVITY AND CLOSED CIRCUIT TELEVISION
SYSTEM (ITEM III.B,12.); CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE
Was Introduced by Commissioner Plummer and seconded by Comm
4osa and Passed on Its first reading by title- by the following Vote;
JAN 1981
r
a
AYE53 Commissionet Joe Carollo
Commissioner J� L. Plummeti Jt:
Commissioner Armando Lacasa
Vice -Mayor (Rev.) Theodore Gibson
Mayor Maurice A. Verte
NOES: None,
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
FURTHER DISCUSSIONi - -
Rev. Gibson: J. L., speaking about that fire boat. If it is the thing
that... if it's the same fire boat that I saw, man, it seems to me like
that is a magnificent thing for us,
Mr. Plummer: Well, Father, the problem is the price is sky rocketing
out of reach. One of the items that I asked to be deferred today
were just the pumps of three hundred thousand dollars.
Mayor Ferre: Yes, but let me tell you as I understand the logic of it.
We have a Bay and we have a River and we got an awful lot of bib buildings
being built and I understand that there is no better way of putting out
a fire and then being able to pump water of a Lake or an ocean and
squirting it on the fire.
Mr. Plummer: Well, Mr. Mayor, there are other considerations. For example,
some four hundred thousand dollars a year in salaries for the manning
of that thing. So I think when you talk about this we are not even speaking
to maintenance and repair. As we all know boats are a very expensive item
for maintenance and repair and upkeep. So I just... I want to get more
of a total picture on the thing is all I'm asking.
Mr. Fosmoen: We will get you some background.
Mr. Plummer: T will give you one better. Do you know that the fire boat
in which the City of Coral Gables has does not have a pump on it.
Mayor Ferrer Well, those are... as I understand a good fire boat is a
very expensive thing.
Mr. Plummer: They were able and what I want to make sure we are able to
do is they got that from the military absolutely free. Ok? Now, but I
think what's ironic is the fact that it's a fire boat that can't fight
fires, It has no pumps on it. It's used only for disaster and floods
and I can't remember the last time they had a flood in the Gables, but...
They also use it for parades,
Mayor Ferre: This is on first reading an6 this matter will come up then
again on second reading.
Mr. Plummer; Yes, sir,
7�DA
IRST & SECOND READING ORDINANCE; ESTABLISH NEW T.& A. FUND
ECONOMIC ADJUSTMENT ASSISTANCE GRAFT
Mayor Ferre; We are on Item V , Amending Section 1 of Ordinance $719,
FDA Eeonamlc Adjustment Assistance Grant,
Mr, Plummer: Move it,
17
rj 4
Mt. Eacasa:
Mayor Verse: Moved and secondeds ,
Mt. Plummer. first and second.
Mayor Fette! ..& for first and second reading. Read the ordinance* please.
Altighto call the toll.
AN ORDINANCE ENTITLED=
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE
NO. 8719, ADOPTED OCTOBER 26, 1977, THE
SUMMARY GRANTS APPROPRIATION ORDINANCE, AS
AMENDED, BY ESTABLISHING A NEW TRUST AND
AGENCY FUND ENTITLED: "EDA ECONOMIC
ADJUSTMENT ASSISTANCE GRANT (FY'81)".
APPROPRIATING FUNDS FOR THE OPERATION OF SAID
TRUST AND AGENCY FUND IN THE AMOUNT OF
$100,000; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE AND DISPENSING
WITH THE REQUIREMENT OF READING SAME ON
TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN
FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION.
Was introduced by Commissioner Plummer and seconded by Commissioner Lacasa for
adoption pursuant to Section 4, Paragraph (f) of the City Charter dispensing
with the requirement of reading same on two separate days by a vote of
not less than four -fifths of the members of the Commission -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Armando Lacasa
Vice -Mayor (Rev.) Theodore Gibson
Mayor Maurice A. Ferre
NOES: None.
Whereupon the Commission on motion of Commissioner Plummer and
seconded by Commissioner Lacasa, adopted said ordinance by the following
vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
— Commissioner Armando Lacasa
Vice -Mayor (Rev.) Theodore Gibson
Mayor Maurice A. Ferre
NOES: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9228.
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 ITEM 8 WAS DEFERRED
i p'. ' � `%
1 721, FIRST & SECOND READING ORDINANCE: AMEND SECTION 5 ORD+ 6145
FEES FOR BUILDING, PLUMBING, ELECTRICAL, MECHANICAL INCLUDING
BOILER AND ELEVATOR, INSPECTIONS i PERtiIT & CERTIFICATE FEES
BYA CORRECTION ,
I
Mayor Ferre: We are now on Item #9, is there a motion?
4
Mr. Plummer: I will move it.
Mayor Ferre: Moved, is there a second? Properly seconded, -further
discussion on Item 9? Read the ordinance on first and second reading.
Alright, further discussion? Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE IV4ENDING SECTION 5 OF ORDINANCE
NO. 6145, ADOPTED MARCH 19, 19580 AS AMENDED
WHICH PROVIDES FEES FOR BUILDING, PLUMBING,
ELECTRICAL, MECHANICAL (INCLUDING BOILER AND
ELEVATOR) INSPECTIONS, PERMIT AND CERTIFICATE
FEES, BY CORRECTING AN ERROR IN ELECTRICAL -
FEES IN SUBSECTION g(4), AND ADDING SEVERAL
ITFIAIS TO SAID SECTION 5 TO _COVER THE OPERATIONAL
COST PR1�lARII.Y FOR THE ENFORCEMENT OF THE SOUTH
FLORIDA BUTLDING CODE; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE AND DISPENSING
WITH THE REQUIREMENT OF READING SAME ON TWO SEPA-
RATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS
OF THE 'MEMBERS OF THE CO"EMISSION.
Was introduced by Commissioner Plummer and seconded by Commissioner Lacasa for
adoption pursuant to Section 4, Paragraph (f) of the City Charter dispensing
with the requirement of reading same on two separate days by a vote of
not less than four -fifths of the members of the Commission -
AYES: Commissioner Joe Carollo
Conunissioner J. L. Plummer, Jr.
Commissioner Armando Lacasa
_ Commissioner (Rev.) Theodore Gibson
Mayor Maurice A. Ferre
NOES: None,
h'hereupon the Commission on motion of Commissioner Plummer and
seconded by Commissioner Lacasa, adopted said ordinance by the .following
vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
• Commissioner Armando Lacasa
Commissioner (Rev.) Theodore Gibson
Mayor Maurice A. Ferre
NOBS: None 1
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9229.
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 lublic,
22, FIRST & SECOND READING ORDINANCE:
kflEND CAPITAL IMPROVEMENT FUND SUBSECTION IX
$301000 FOR RENOVATION TO TiiE WATSON BUILDING �
{a
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Mayor Ferre: Alright, we are tow On Item #10, is there a motion?
Mr. tacasa: Move.
Rev. Gibson: Second,
Mayor Ferre: It's been moved and seconded, further discussion on first
and second reading? Read the ordinance. Alright, call the roll.
ON ROLL CALL:
Mr. Plummer: I have nothing in my... This is Item what now?
Mr. Ongie: 10.
Mayor Ferrer 10. This is the Watson Building, the old building Downtown.
Mr. Plummer: Yes, I'm trying to remember what that was for Maurice.
Mr. Fosmoen: We are moving Risk Management into the Watson Building so
we can demolish this.
Mr. Plummer: But I don't understand the reason for it.
Mr. Fosmoen: So we can demolish the barracks up front.
Mayor Ferre: Thats the only way you can demolish that one remaining
building there.
Mr. Plummer: You are speaking of this building up here?
Mr. Fosmoen: Yes, sir.
Mr. Plummer: And that's tied in with that?
Mayor Ferre: You are moving the Department over there.
Mr. Fosmoen: We are moving Risk Management from the barracks building
at the entrance to Pan American Drive so we can demolish it and we have
to have some place to put them and that's the Watson Building.
Mr. Plummer: Yes, but what I don't understand is why it's going to take
thirty thousand dollars and a very functional building.
Mr. Fosmoen: The building is not functional, Commissioner. The spaces
that they are moving into are simply not usable at this point.
Mayor Ferre: That's got to be a hundred years old, that building,
Mr. Plummer; Ok,
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION I OF ORDINANCE NO, 9199, ADOPTED
NOVEMBER 6, i980, THE CITY'$ CAPITAL IMPROVEMENT APPROPRIATIONS
ORDINANCE FOR FISCAL YEAR 1960,81 , AS AMENDED, BY AMENDING SIDS
SECTION IX, CAPITAL IMPROVEMENT FUND, TO ESTABLISH FUNDING IN
THE AMOUNT OF $30*000 FROM THE SELF-INSURANCE TRUST FUND BALAAICE
FOR RENOVATIONS TO THE WATSON EUILDING; CONTAINING A REPEALER
PROVISION AND A SEVERAHILITY CLAUSE AND DISPENSING WITH `U
REQUIREMENT AF REAPING SASE ON TWO SEPARATE DAYS BY A VOTE
OF NOT LESS THAN FOUR=FIM5 OF THE MEMEERS OF THE COMMIMPN,
20
�� ��
'has introduced by Commissioner Lacasa and seconded by COMMissioner Cib§on
for adoption putsuaht to Section 40 Paragraph (f) of the City Charter
dispensing with the requirement of reading same on two sepatate days by
a Vote of not less than four -fifths of the members of the Commission
AWES., Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Armando Lacasa
Vice -Mayor (Rev.) Theodore Gibson
Mayor Maurice A. Ferre
NOES: None.
(thereupon the Commission on motion of Commissioner Lacasa and
seconded by Commissioner Gibson, adopted said ordinance by the following
vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Armando Lacasa
Vice -Mayor (Rev.) Theodore Gibson
Mayor Maurice A. Ferro
140ES : None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9230.
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.
FURTHER DISCUSSION:
Rev. Gibson: Mr. Mayor, let me say this. J. L., I know what your concern
is about the cost and so on, but you know, I wish you would hear the comments
made as a result of those buildings that haven't been taken down.
Mr. Plummer: Well, Father, I'm all in favor of it. That's not what this
is for.
Rev. Gibson: Well, you didn't want to move those people out so they could
tear that other one down.
Mr. Plummer: Yes, but Father, you know around here they have a tende `cy
like you are going to vote on furniture today to do things super plush.
You and I suffer over there in our little cage, you know, the three of us
the other two high falutin people around here have beautiful offices and
we got our little cages and I see the Country Club up here on the left
= you know, with their own private bathroom and you go into this scum hole
that we have to use over here. You know, I sometimes wonder where there is
an equity around here. Vince, I don't want you to redo the bathroom, all
I ask you is to clean it.
• Mr. Grimm: That's what we are going to do,
NOTE FOR RECORD: AGENDA ITEM 12 WAS DEFERRED
21, ACCEPT COMPLETED WORK: THEODORE R. GIBSON PARK
4
Mayor Ferret We are on 15 is the next item and the problem there is that
Father Gibson... But I will tell you in the interest of may `be saving a
little time let's pass it and if you have any objections, then you bring
it up this afternoon, ok?
Rev. Gibson: Sure.
Mr, Lacasa: Move.
Mayor Ferret It's been moved, seconded by Plummer, further discussion
on Item 15, call the roll.
The following resolution was introduced by Commissioner Lacasa, who
moved its adoption:
RESOLUTION NO. 81-17
A RESOLUTION ACCEPTING THE COMPLETED
WORK PERFORMED BY WEBB GENERAL CONTRACT-
ING, INC., AT A TOTAL COST OF $87,635.00;
ASSESSING $6,020.00 AS LIQUIDATED
DAMAGES FOR 86 DAYS OVERRUN OF CONTRACT
TIME; AINT AUTHORIZING A FINAL PAYMENT OF
S2,743.50 FOR THEODORE R. GIBSON PARK, PHASE I -
GAME COURT RENOVATION
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk).
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Armando Lacasa
Vice -Mayor (Rev.) Theodore Gibson
Mayor Maurice A. Ferre
NOES: None.
NOTE FOR RECORD: AGENDA ITEM 19 WAS DEFERRED
24. DEFERRAL OF AVTH081ZATION TO FINANCE DIRECTOR TO PAY $560,524
FOR OFFICE 1UR,vITURE FOR ADMINISTRATION BUILDING UiTIL AFTER
COURT IiAS RENDERED JLIDG�IENT=INQUIRY INTO EDUCATIONAL: BACKGROUND
TO MR. MUMNS-PURCIIASING AGENT I.
Mayor Ferret we are now on item 24(a)4 Plummer, you asked that this item
be held up, I think.
Mr. Plummer: Yes, Mr. Mayor, I have very serious problems with 24(a) even
though I discussers it yesterday in the Workshop I want to get it on the record
again because I will, of course, be voting negatively.
Mayor Ferre: Go ahead.
Mr. Plummer: Mr. Mayor, ►,iy riain concern, as I said yesterday, is the fact
that the City Attorney issued a ruling that in my estimation left no latitude
for the purposes of doing other than what he said and that was to re -advertise
and to re -bid. Now, it was my understanding -and if I'm wrong I stand corrected -
that that was the policy of this Commission, to re -advertise and re -bid, and
for the record, I will first ask was that a policy of this Commission?
Mr. George Knox: Yesterday afternoon we did endeavor to search the records
of the City Clerk's office and we did not find any policy direction from the
City Commission relative to readvertising and rebidding. I think it may be
helpful to read into the record a memorandum from the City Attorney to ;:he City
Manager which was dated September 3rd. This advises of the legal statusofthe
question relating; to the, City's purchase of office furniture from Central
Stationers, Inc. we've been In touch with the attorneys for Central Stationers
who have indicated that they intend to file a suit in the event that they are not
paid for the delivery of the furniture to the City. You are aware that the
furniture has been delivered and the City has, to this date, not honored the
invoices for payment. You are aware also that we have determined that the con-
tract for purchase was void on the provisions of our City Code, specifically
Section 16-20, 16-21. and 16-35. You are also aware that there appears to be
other individuals and business entities who have expressed a desire to bid on
this matter. Our research indicated that there is a split of authority as to
whether or not we have incurred an obligation to pay Central Stationers in light
of the void character of the contract and in spite of their delivery of the
goods. We have determined that the most prudent course for the City at this
time would be to encourage a judicial determination as to our rights and our
liabilities in this matter. We would further suggest, subject to the concurrence
of the City Commission that the matters of payment and rebidding be held in
abeyance until we have received guidance from the Court as to some definitive
resolution of our dialogue with the attorneys for Central Stationers. In the
event that a lawsuit is filed, you are assured that we will seek to have an
early determination of the legal questions that are presented, Please contract
the if I can be of further assistance in this matter.' And the City Manager -
and since I have the floor I'll read a memorandum from the City Manager to the
Mayor and Members of the Commmission which was dated September 4. "Attached are
.copies of correspondence between the City Attorney and representatives of Central
Office Supplies as well as .a memo from the City Attorney to me concerning a
potential rebidding for the Administration Building office furniture. You should
note that the City Attorney's recommendation based on a probable lawsuit is that
we not rebid until the matter has been adjudicated. It appears that even if we
rebid and receive a low bid, we may still be liable fo payment to Central Office
Supplies,"
Mr, Plummer; May I see, Mr. Knox:, a copy of your legal opinion, I don't find
1t here. The copy I have here -in the event a lawsuit is filed- and I thl.nk that's
what he read from, there was, I understand, ,..I had reason to believe that there
was a law opinion given that was not incorporated here,
Mr Knox; That's correct.
Mr, Plummer: May I have a copy of that, please?
Mr, Carollo; Mr. Knox, what was the dace of that legal opinion that you gave?
mh AA,,
Mtb khox I don't recall, we'll get a copy Commissioner.
Mf, Carollo: One question that I do have, Mr, temporary City Manager,
Mr, Plummer: Excuxe mei Joe; it's not temporatyi it's "Acting,"
Mt Catollo: `Acting", "temporary", the same one, in the dictionary and it
tells me the satte thing.
The major question that I had since I was the one that requested the
original legal opinion that you gave out on this# Mt -Knox, dated August 14th,
Is why did it take 5 full months to finally come to this conclusion?
Mr. Fosmoen: Commissioner, there had been negotiations going on the entire
time, And that is the one answer I can give you. We have continually been
negotiating with the Law Department trying to settle out this issue.
Mr. Carollo: It seems to me that whatever negotiations were going on had
gotten us to the same point that we would have been the day after this original
legal opinion was issued.
Mayor Ferre: Not quite the same point, plus $39,000.
Mr. Carollo: You are right, Mr. Mayor, $39,000 extra dollars, that if we
would have been advised to go this route back then, we wouldn't have been
stuck with. However, regardless of any way you look at it, because of mistakes,
if not other things that were made, the City of Miami is going to be faced with
the very, very high possibility of being faced with lawsuits either from these
individuals or from other individuals.
Mr. Plummer: Mr. Piayor, let me make the record clear as to from where I'm
coming. I have no problem with the negotiated settlement based upon the
complete foul up of the Administration and I think that's where rightfully the
blame has to laid....
Mayor Ferre: All right, is there a motion?
Mr. Plummer: No, there is no motion at this point.
Mayor Ferre: Does anybody want to move this thing so we can...one way or the
other?
Mr. Plummer: I would like to continue and finish.
.Mayor Ferre: Oh, I'm sorry.
Mr. Plummer: But, Mr. Mayor, my contention is based upon the ruling of the
City Attorney, there was no latitude given to do what some people did, and that's
why I'm trying to make the determination. It was my understanding and the reason
I hope Mr. Knox is bringing a copy of that -the legal opinion- that there was
only one answer, we had only one choice, and that was to'readvertise and rebid
and the fault that I'm finding and my negative vote will be predicated upon
is people moving around here without the authority of this Commission in doing
things that possibly this Commission would not approve, and I would ask Mr.
Mayor, that no vote be taken on this until I have the opportunity to read that
memo of law issued by, the City Attorney.
Mayor Ferre; Can you do that today?
Mr. Plummer: I'll. do it in two minutes if you give me a copy,
Mayor Ferre: Did you get a copy of it? (INAUDIDLE RESPONSE) Do you have it
at hand?
Mr. Knox; No, we don't have a copy at hand, somebody is getting it now,
Mr, Plummer; I would assume it's in the Clerk's office, it's a legal opinio1
and all such matters are public documents.
Mr, Knox; Commissioner Carollo, do you have s copy of it?
Mr, Carpi p; The copy that I have is a memorandum dated August 14, that
you originally sent me
mh 24 JAN 15, 1981
■ .
Mr, Knox! That's iti I. could pass it on and you'll all...64
Mt, Plummet i If I could, please.
Mt, Carollo: Seemingly that coinciding with this little mistake quote unquote
that that we had the City Manager resign, seemingly that at least when I last was
contacted by the City Attorney's office there was an ongoing investigation, active
investigation on this matter, at least as one vote in this Commission, I am not
goingto vote on what has been presented to us today unless we get a green flag
from some Court. We vote on this today and we are only going to be opening our_
selves up for a lawsuit from one party but from several parties. furthermore,
I would like for the City Manager if he hasn't done so yet, rather the City
Attorney, if he could research this for us and if he has if he could tell us
what the City Charter states and who pays when there are mistakes -of this nature
made. If it is the man on top, as the City Manager, the so-called employees in-
volved, or whom?
Mr. Plummer: Mr. Mayor, 1 might be able to help Mr. Carollo in reading from this
memo and I think it will take care of everything at the same time. ?ir. Mayor
this is more emphatic than I thought it was previously and let me, if I may, out
of context read from this Legal Opinion to Mr. Carollo dated August loth. This
is the Ciy Attorney speaking or speaking through a thing of law. It says:
"We must adhere to the mandatory language of section 16-35
which permits no discretion where a deviation from its
requirements has occurred. "
That's pretty emphatic. Then it goes down:
"It will be necessary to readvertise in compliance with
Code Section 16-20 and 16-21."
Now, to tne, Mr. Mayor, that's pretty emphatic that there is nothing else. It
"will be necessary...", "we must adhere....", these are words that are pretty
strong and as far as I'm, concerned unless the City Attorney is ready to stand
before this Commission and *say that what lie wrote on the August 14th memorandum
is now not correct, then I think that it behooves every one to comply with the
ruling of the City ,Attorney.
Mr. Carollo: J.L., this is how 1. understood that from the first- day, this is
why I'm surprised that we are tare now discussing this especially five months
after that opinion was written. My question again is -and it wasn't answered
in that memorandum or legal opinion- was on what the City Charter addresses it-
self to in a case like this, is solely the City is to blame or can the City
if we find ourselves in lawsuits like we say we are going to could put that
financial blame on the individuals that were responsible for that.
Mr. Knox: All right, I'll read the precise provision which is Section 16-35
of the City Code, as sour. as I get a copy of it.
Mr. Plummer: You see, there are some people around here, in my estimation,
who are trying to shift blame...putting this blame on someone that, in my
estimation, is not the guilty party.- The blame is simple. There was a foul
up, there is no`if's, and'a and but's about it, and I will not enter into any
discussion as to whither it was intentional or by devious methods, I accept that
it was a plain, .simple fou+--up, but that foul-up prompted a City Attorney
ruling and what I'ntt:rying to determine is how anyone deviated from that ruling
and took it upon themselves, without Commission action, to enter into any kis,d
A of negotiations whatsoever (INAUDIBLE BACKGROUND COMMENT OUTSIDE OF THE PUBLII:
RECORD) not in defiance of the Commission because obviously we did not take
any action, it's in defiance of the City Attorney's ruling,
Mr. Carollo If I may enter into the record that supposedly the employee that
made the mistake in the advertisement left the City's service a few days after
this legal opinion was given and he moved outside of the State.
Mr. Knox: To answer your question Commissioner Carollo, I'll read Sec,16-35
of the Code, which is entitled unlawful purchases.
''Section 16-35: Unlawful Purchases, Whenever any official or
employee of the City government shall purchase on contract for any
supplies, materials, equipment or .contractual services contrary to
the provisions of this Article, such order or contract shall be void
and of no effect, Such official or employee shall be personally liable
for the costs of such order or contract and if already paid for out of
City funds the amount thereof may be recovered ire the name of the City in
an appropriate action instituted therefor,"
Mire Plummer: Well, I think that speaks to the individual's responsibility,
Mt. Catollo. Excuse me, J.T,., does that include the City Manager in the res-
possibility for that? fie was the top authority that had to supervise that.
Mr. Knok: The language says: "tiny City Official or employee who shall
purchase or contract for any supplies, materials, etc...."
}
Mr. Carollo: Can you again answer my question, more precisely, if you could?
I'm not an attorney and I haven't gone to taw Schoolf not even for one day,
Mr. Knox: it'd require an elaborate kind of analysis, in this sense. The e:
individual who made the mistake is not empowered to enter into contracts on
behalf of the City of Miami, only the City Manager is empowered to enter into
contracts on behalf, of the City of Miami. I can point out, however, that there
is a question of the intent of this pro-✓ision and the intent of this provision F
is to prevent individuals from acquiring goods or services for tM it own per-
sonal benefit by use of City funds.
Mr. Carollo: Can you do this, George, when you have some free time, hopefully
by tomorrow, can ure get a complete legal opinion from you, regarding that? if
the City Manager can be held responsible financially for this? Can the Purchasing
Director and/or the employee: who made the mistake?, or who else could have....
Mr.. Knox: yes, sir.
Mayor Ferre: As I sense this then, what is the will of this Commission?
Mr. Plummer: Mr. Maayor, I don't Know what the appropriate motion would be but
my recommendation or-mymotion would have to be that compliance be with the
City Attorney's ruling and —that's it, period. That's my motion.
Mayor Ferre: Dees the City Attorney concur with your motion?
Mr. Plummer: I air. concurring, with his ruling. His ruling was that we then re
advertise and rebid. rVid I"m jest saying that we reiterate that position, and
and we beat the people who decided upon their own to negotiate to further delay
and cost further money.
Mayor Ferre: In your wurds, we do pay that man once in a while and perhaps
we'll let him, on the recor,9, restate his concurrence with his August 14th
legal opinion. Mr. Knox, therm is a question on the floor for you.
Mr. Knox: The City Attorney's position is that our Code is clear, that unless
the competitive bidding requirements are satisfied, any contract entered into
is void, and the definition of void is that the matter is treated as if there
were no contracts at all. The second part of that, however, is something that
the City Manager may wish to address. The question would then become -if
there is a void contract in that the City has an obligation to pay for the goods
thatitreceives because if there is a void contract nobody can sue the City,
for breach of a contract.
Mr. Plummer: Excuse me, may I speak to that point? Because I want to ask
Mr. Mayor, why then the City Attorney in his Memorandum of Law, and let me
quote from that memorandum: "The return of the furnishings and the repayment
of the moneys paid by the City could await the results of the readvertisement
process. If Central Stationers, Inc. desires to submit a bid in the rebidding
procedure, it will be allowed to do so." Now, to me that speaks in defiance
of what you said just now.
Mr. Knox: No, because the reason for that paragraph was, if indeed there were
a rebidding and Central Stationers were the low bidder, then it dial not make
logical sense to send the furniture back and have it be redelivered if they
were the low bidder. In the second part of my statement to the Commission
is that having received the: windfall of the goods, a Court could determine that
the City has an obligation to pay for so long as it kept the goods. The City
then, and this was not a legal decision, the City would have the option to
send the goods back and continua to litigate the question but the City could
not keep the goods and at the same time not expect to have to pay for them
and the City could not expect a Court to determine that it will receive the
goods free, even. though the law suggests that that could be the case; but the
modern tendency is Lo do equity,
;all �;
Mr, Plummer: Then also I will ask you, finally Mr. Knoxi to quote as you
qudted yesterdays the law even though you don't think is upheld but the
law that we do operate, in reference to bidding procedures with the municipality,
Mt, Knox! Yes, sir.
Mr, Plummer: ,,,And the only thing we can do is, you know, from the law.
Mt.Knoxt The general law provides that those who contract with municipalities
do so at their own peril and they are charged with the knowledge of the City's
compliance with competitive bidding, rules and regulations, and so they deal
with the City at their risk, and the reason:...
Mr. Carollo: Is that included in the contract that they signed?
Mr, Knox: I am not certain whether or not that is included in the contract,
Mayor Ferre; Whether it is included or not that is the law and t7ev are
subject to it, Their ignorance of it doesn't preclude them from being held
to comply with it. Mr. Manager.
Mr. Fosmoen: I don't think that there is any question that there was an error
made in the advertising procedure. The attorney ruled in August that that
procedure was null and void. However, at that point a bid, or a contract, had
been awarded to Central Stationers. We had received the furniture, people were
using the furniture. Subsequent to his ruling, a lawsuit was threatened, by
Central Stationers, and in conversations between my office and the attorney's
office, it was suggested that there was a question of equity involved. Regard-
less of a clerical error in the bidding process, the City has in fact awarded
a contract, and had accepted delivery of furniture, In order to attempt. to
resolve the issue and predicated on discussions that there was an equi-,r ques-
Lion and we may, in the end, be required to pay Central. anyway -as I indicated
to you in my September 4 iner-nurandum to you- we entered into negotiations with
Central trying to resolve all the issues at the least cost to the City, and
at the same time maintaining services in our Administration Building downtown.
People have to have a place to work, and if we are going to return the furniture,
and going through a rebidding process, we wouldn't have had any furniture for
people to work at, we would have had an empty building. In a spirit of trying
to resolve this issue at the least cast to the City, we negotiated with central
Stationers and that's what before you today, it's a Resolution of the issue
and I believe, I would ask the City Attorney whether or not if the. Commission
accepts the negotiated settl.emt:nt we are doing something that is legal, my
contention is that we area
Mayor Ferre: In other words, the recommendation of the Administration is
that a clerical mistake was made, we do have a problem with the potential of
pending lawsuits where equity is involved and we might end up losing a sub-
stantial amount of money which is involved and the simplest way of resolving
this, as I understand it -which would cost us $39,059- is to accept the
settlement offer by Litton/Central, provided it's legal. The question now
is, is it legal?.
Mr, Knox: Yes, sir, this is now in the posture of the settlement of a
lawsuit, and therefore, it is perfectly proper and based upon the Law Depart-
ment's participation in the settlement negotiations, the figure which is
arrived at is a reasonable one, under all of the circumstances.
Mayor Ferre: Plummer —In In fairness to Commissioner Plummer —would you see
if you can get Plummer, would you tell him we are going to move on on his
motion? -He has a motion on the floor and out of courtesy to him I don't
want to take another motion,.., if he gets a second, then we vote on that
and,, All right, now we are all here. Mr. Plummer, I had asked for a'motion
you had made a motion then we got into a legal discussion from there, the
Manager made a statement, let me, since you were absent for most of the state-
ment, let me, if T may Mr. Manager, paraphrase. The Manager basically said
yes, there was a mistake made...,
Mr. Plummer: In the initial or In the renegotiating without Commission
approval?
Mayor Ferre No, in the Initial, -
Mr..
Mr. Plummer: Oh, then I would say there were two mistakes, he alluded to
the first,
mh 7
Mt, Catollo: Three, if T. may adc1 that, of course, the original one is the
whole problem.
Mayor Fette: All right, now, I would like to make a simple statement into
the record for two minutes, if I may. The Manager said, as I understood it,
that yes# there was an original mistake made which was classified as a clerical
Procedural mistake, then he said that this matter could cost further embarrass -
meat because of a pending lawsuit based on the matter of equity which] in the
judgment of the Administration, suggests that the best way to get out of this
problem is the quickest settlement, which will cost us $39,000, he is there-
fore recommending that we proceed that way, provided that is legal. We then
requested of the City Attorney as to whether or not the City Manager's recom-
mendation for a settlement is legal, The City Attorney, if I may paraphrase
again, in sum said "yes". Now, at that point you were out of the -room and
since you had made an original motion, out of courtesy to you I didn't want
to accept any other motion. With that you may restate your motion, or withdraw
your motion, as you wish.
Mr. Plummer: Well, Mr. Mayor, I. have heard nothing here this morning that
changes my mind. It seems rather obvious this morning that the Administration
was trying to cover up the mistake and hope that it will go away as quickly
as possible. I don't adhere to the policy that says a bad settlement is better
than a lawsuit. Mr. ;Mayor, it is very clear and I will make my motion that
the action be in compliance with the ruling of. the City Attorney which said.
that we must adhere to the man 4,3tury language of Section 16-35 which permits
no discretion or deviation from its requirement, as occurred, and that is
my motion.
Mayor Ferrer All right, is there a second?
Mr. Carollo: Second ti:at motion.
Mayor Ferre: All right, under discussion, Mr. Lacasa.
Mr. Lacasa: George, I hzvc sorae questions on this, first, if this supplies
company sues the City, Nheat would be your opinion of the outcome of that law-
suit, at this point.
a
Mr. Knox: All right, Commissioner, I will articulate the entire spectrum
of remedies that a Court could i_npose. At one end of the spectrum, the Court
could determine that Litton Industries did in fact participate in a contract
that was void from its inception, and that it must assume the risk of any con-
sequences that will result therefrom. And a Court could order, or would have
an option to dismiss an action that they might have and authorize the City to
keep the furniture without an obligation to pay for it. The second option is
that the Court could determine that. inasmuch as the City ':,as received goods,
which were delivered by Litton and Litton expected to have those goods paid
for, then a Court could order that the City must pay as much as it is worth,
the Latin term is on a "quantum meruit", that means that the City must pay
as much as it worth. The third thing that u Court could do would be the order
the City to return the fc'..nitUre to Litton, and to readvertise and `rebid.
And the fourth option Liar the Court could have would be that they could de-
termine that irrespective of whether or not all of the procedures were adhered
to, there was in fact a contract and the City would be liable to Litton for
' the contract price plus any other damages that Litton suffered as a result of.
the circumstances of this case plus attorneys' fees.
Mr. Lacasa Okay, now, based on the facts of what we have discussed and you
have researched, as you do in so many other cases, would you at this point,
the Legal. Department of the City -let's forget for a minute about the Ad-
ministration- do you recommend based upon these facts and taking into considera-
tion all of the legal elements involved here, would you recommend a settlement
at this point with Litton?
Mr, Knox; The short answer Commissioner would be "yes", based upon the follow-
ing. There is a recent tendency to not be precisely consistent with the law,
where a Court could determine that there is some manifest unfairness, if
goods were deiiveied to thy. City a Court is likely to find that the City has
an obligation to lay for those goods, The problem with continued litigation
is that all of the costs associated with that litigation will continue to
increase and the outcome will probably be that the City would incur an oblIgat.ior;
tnh 19Q
' WV
11
9
to payt in addition, there could be a detefmination by the Court or jury
that damages would far exceed the contract price, The settlement that has
been achieved is reasonably related to the contract price and Litton is
proposed to receive compensation for rental, some nominal attorneysf fees
and other costs that they may have incurred as a result of this: So the
bottom line of a justification for a recommendation of settlement is that
we can intelligently anticipate that the City would be obligated to pay and
the advantage of a settlement is that at least terms can be arrived at which
are satisfactory to Litton and would not be left to the discretion of a Judge'
and/or jury who could award damages far in excess of the amount that has been
agreed to by the settlement.
Mr. tacasa: Okay, now, the last question, If the Commission were to take
your recommendation and enter into a settlement which will, of course, include
no readvertisement as you iiad previously recommended, which obviously is a
deviation from the normal policy, would the City Commission be acting illegally?
Would the City Commission itself, even from a personal standpoint of view be
open to libility?
Mr. Knox: No, sir, because the posture of the circumstances has changed by
virtue of the lawsuit. Rather than making an award based upon a void contract
which would be impermissible- what the City is doing now is entering into a
settlement of a legal dispute, and in solving a legal dispute, therefore, the
question of the void nature of the contract would become moot.
Mr.'Lacasa: I see. So actually, to put it in very plain terms, what we are
facing is this. We are facing that due to a mistake of the Administration at
a given point, the City entered into a contract which it should not have entered
into, since it was in violation of our procedures. The end result is that the
City is now open to Liability with Litton, that liability could keep mounting
on. We could enter into a Legal. settlement, which is legal, and could stop the
buck right there and it would cost no more money to the City.Lt'd cost no more than
what we have already been involved with. Versus this, we have the possibility
of continued litigation and the bill would be mounting up, so we must accept
that due to the fact that there was a mistake made by the Administration, the
City has been placed in jeopardy twice, once from the legal standpoint of view
and the resulting effect of what could be increasing costs of the furniture,
that's a fact -they Made a mistake and we are paying for it. The question now
is whether or not we enter into a settlement so that we may stop the situation
right here or we take the risk and we continue in what could be a continuation
of the escalating of the cost of the furniture. And according to the Legal
Department, we could eater into that settlement legally and they are even recom-
mending that we do enter into that settlement, which to me is nothing new because
it's very seldom that we do have an agenda here where we do not have a recom-
mendation for a settlement in an outstanding legal question that the City enters
with other people making claims against the City. Right here, in this agenda,
I understand that we have one where you are recommending that we settle the
matter of $20,000 or $30,000 on a. lawsuit. So this is basically where we stand
right? All right, now, what I would like to hear now is is we were not to enter
into the settlement and we were going to continue even to the tune of litigation
if necessary what would be, on the one hand, the advantages to the City, and
what could be the disadvantages. Let's say that we do not enter into a settle-
ment at this point and we continue along this path. What are we, the City, to
gain outside of emotional considerations because this is business, this is money,
this is the taxpayers' money, so let's place emotional considerations aside and
'let's get to the nitty-gritty of what is good economically for the City.
4r. Plummer: May I, before you get a legal opinion, Mr. Lacasa, I think what
you are speaking to is the basic integrity of our Purchasing and Bidding proce-
dures, the basic integrity. I am not speaking to the overtones of those who have
made accusations that there are underlying factors, But I think we are speak-
ing to the basic integrity of our bidding prot:edure and what people will be-
lieve in as far as the City is concerned. Now, to your other point, may I
speak, I don't think you are going to find the settlement -if that is the will
of this Commission today- is going to end the tatter, The one thing that no one
has spoken to, and I have reason to believe will happen, is that one of the
companies who is not the successful bidder is going to enter into litigation
Mr, Caroll.o: At least one of them.
Mr, Plummer. Okay? So don't think, whatever way you go today, that this matter,
is finally going to he resolved,
h A ►� 5 1
4,
Mr. Carollo. J.i.., I'm glad you mentioned that because the other side of
the coin that out City Attorney never referred to us, George, you gave
us a veiny pretty apple but you forgot to show the worms that the apple had
inside.
Mtt Plummer! Let the make one other point quickly acid that is all I want to
do. We are speaking today to the fact that this whole fouls -up is goinn to be
settled today at a cost of $39,000 more than it originally cost. I want to
remind the people around here that by their doing what they wanted to do -and
that was to negotiate- in five months the interest alone has cost the City
$370500, that's not because of the Commission's disagreement but 18% at 1.5%
per month on $500#000 comes to $37 500, which would not have been incurred if
the Administration had done what the City Attorney told them to do,
Rev. Gibson: May I ask a question?
Mayor Ferre: Father Gibson.
Rev. Gibson: Mr. Manager, how many people bid on the furniture?
Mr. Fosmoen Two bids., two original bids.
Rev. Gibson: Father, one full complete one, though. One full complete bid,
the other bid was only for a small portion of what was requested.
Rev. Gibson: Two people bid.
Mr. Plummer: And also, rather, people who refused to bid indicated that the
bids were slighted towards one company. Remember when I brought before this
Commission the fact that this contract was going to cost the City, roughly,
30% more money, they were not given the latest figures. The then City Maager
said, ;yes, in a wad: you are right, but it's the architects' fault. The archi-
tects designed the building around the furniture, and to save the money on the
furniture now would cost $200,000 to redesign the building. There were com-
panies who wanted to bid who refused because it insulted their integrity,
because the specs were written so that no one could bid on the procedure, and
that's one of the companies that has indicated to me possible legal action.
It's like taking an order o motorcycles, when you take the specs out of the
facts in the Harley Davidson's book, a:id sent them to Kawasaki and Honda and
the others, and ask them to bid on a Harley, they can't do it. This is the same
thing that happened here.
Rev. Gibson: All right, do-a't leave Plummer, because I want to make sure
I get an understanding from both sides.
Mr. Carollo: Commissioner Gibson, there is one other thing that I think this
Commission should be completely aware of, that is the other side of what
Plummer is talking about, there were not only companies who refused to bid
because of the bias procedure that they felt was followed but I personally
contacted several of the companies that the Administration stated to us that
they had sent bid invitations to and they sent me letters, which I have in my_
possession and which were given to the State Attorney's office, at their re-
quest, and several of these companies state that they never received any bid
invitation from the City of Miami, even though our Administration told us that
they sent these comppanies a bid invitation. And that was another major pro-
blem that we had in this whole process.
Rev. Gibson: All right, :.o what you are saying is that more than one company
bid on the furniture, is that right?
Mr, Fosmoen: The Purchasing Agent is here, Mr. Mullins, how many bids were
received on the Administration Building's furniture,
Mr. Mullins: We received one complete bid, and one partial.
Mr. Fosmoen; One complete, one partial bid.
Rev, Gibson: Let me ask you, did the bids go out in time?
Mr. Mullins; Yes, Father, the hid invitations were mailed in plenty of time
to comply with the 10 days legal requirement, in fact we gave ahem r:=e than
10 days.
Rev, Gibson: 1 see, so that everyone could have an opportunity who wanted to
bid; to bid. All tight, let me ask the other question, counsel? What t don't
ubdetstafid and what I hope you will explain to isle because I am a slow learner, it
if the law of bidding says what you quoted us as being the rule, that is that
the bids would be null and void, why =I would ask the Administration- why didn't
you then conform with the law?
Mr. Fomoen: Because subsequent to that opinion, Commissioner, a lawsuit was
filed and it was the attorneys opinion that we stood a good chance of losing
that lawsuit.
Mayor fortes Not filed, threatened.
Mr. Fosmoent That's right.
Rev. Gibson: Well, let me ask you this. The law says all contracts are null
and void based on the situation that developed with us, is that right?
Mr. Fosmoen., That's the attorney's position.
Rev. Gibson: All right, counsel, either we must change that law or conform
wit-h it, because we cannot forever...this is not the only contract we are going
to be dealing with, this is not the only cross -road we are going to come to.'
Now,'either the Court must make up its mind or somebody.,you know,..I don't under-
standing how you could forever have a Court being wishy-washy. The only thing
we have to rely upon is the law, the law says throw the contracts out. Now,
okay, let me reason for the guys who are threatening us with a lawsuit. We then
have nothing to rely upon. We could inadvertently, or purposefully, plan it
and not send bids out to all of the people so as to not make them know. And
then, at that point in time, we are unfair to the public. Isn't that true?
All right, so the Court must say, until the law is erased, taken off of the books,
the Court must sustain us, and that is, we throw out the bid and start all over.
Now, counsel, I don't know how all of the other people feel, but I believe that
you have a responsibility to go to the Court and challenge the law for us. I
don't care about why;t anybody says, if I'm going to sit on this Commission,
I'm not going to have laws on the books and violate them, because_I don't Plan
to go to jail. Now, it seems to me therefore that either we get rid of the
law or the law gets rid of us, Now, you cannot tell me that there is a law
which says -in.. municipal bidding if the foul-up is as is, we throw out all the
bids and then the Court comes to us and says, well, you know, in this instance
we shouldn't do it, or, in the other instance, we want to do it. Now, either
we have fish or fowl.
Mr. Knox: I can answer your question and Commissioner Lacasa's question at
the same time. An advantage, if you will, of either proceeding with lawsuit
or settling the lawsuit -and this will answer Commissioner Carollo's question`
about the worms in the apple also- the City did ask the Court for a Declaratory
Jugment, that is, we asked the Court to please tell us whether or not we had
an obligation to pay for goods that we had received under a void, an admitedly
void, contract. Now, we would anticipate, even if we were engaged in settlement,
that a Court will resolve that question and use the answer to that question as
the basis for authorizing the settlement That question is before the Court now.
Whether or not we proceed with the litigation, that question will be answered
by the Court.
Rev, Gibson; Wher.?
Mr. Knox; There is a hearing which has been scheduled and I don't have the
precise date but it is about :two weeks.
Rev. Gibson: Well, before we proceed we ought to know, What bothers me is
if we are in defiance of the law that other Court has answered favorably..,
the Court owes us an opinaton. Now, the danger for nee is that I went to Law
Shoo one day, I am going to Say that again, the Court owes us an Opinion
since the Court has acted adversely or contrary to what the law is, then the
Court needs to say to us, as of now, I strike this law downs. And then,, we are
.into business. I believe that that is the crux of the matter,
Mayor Ferro; May I ask 4 legal. question, Mr, Knox? I# we were to act acr
cording to the Manager's recommendis.jon now, wouldn't it then make it a moot
Point Wore the Court? Couldn't the Judge, therefore, say =W j 01
01
already settled this, and I'm just not going to act on the Declaratory Decree
dh this thing
Mt. Knox: Sir, we could specifically ask the Court to determine that question
because the settlement would have to go before the Court for approval in order
for that Court to dismiss action:
Mayor Ferte! I see, so by actually voting in a majority for the settlement,
It would have to go before the Judge and that, in itself, forces the decision
in one way or the other in the main issue that Father Gibson is pointing out.
Is that. .?
Mr. Knox: Yes, sir, and further., we can specifically ask the Court to do that.
Mayor Ferret One more question, who is the Judge?
Mr, Knox: I have to find out,
Mayor Ferre: sir. Clark?
Mr, Knox: He went to call our office to get a copy of the actual papers in
this case.
Mayor Ferre: Is there any way that we can petition the Court to expedite
this because of the fact that it's costing the City..,
Mr. Knox: Yes, sir.
Rev. Gibson: Mr. Mayor, for us to vote to settle this matter will not solve
the predicament we will he in from here on in. I say that we ought to get
this matter settled now. I would rather pay $39,000 now than to continue to
repeat this act. The second thing is for the Administration...
Mayor Ferre: I'm sorry, I didn't get your point, are you saying we ought to
settle this thing now?
Rev. Gibson: No, no, the settlement I'm talking aobut is to go to the Court
and say to the Court ... so that it will be a matter of record that no longer
will we ... You see, If we don't get a decision from the Court, we will be
found in a bind like this again, so .let's stop that.. The second thing is
until such time as we get a decision, I. want to say to the Administration, I,
Theodore Roosevelt Gibson... okay?, the law says you throw these bids out,
you throw them out, and let the other people take us to Court._ What you did
is you did not —what Pluw.ier is contending is you did not follow your relief,
you proceeded to give up your relief, that's what Plummer said. Isn't that
what it means, Counsellor, in Court? That's what the Judge will say. You
_ remember that famous coal case business?...that they make all first year law
students learn and go through? Do you remember that?
Mr. Knox: And for the information of the Commission, the hearing is scheduled
for 2:00 P.M. on February 2nd, and the Judge is Judge Sheldon Simons.
Mayor Ferre: All right:, then...
Mr. Carollo; If I may, Mr. Mayor, just for the record also, I would like to
read a few things from some of the letters that I have in my possession,
This was from Camilo Muebles, Tnc., dated July 21, 1980 "In reference
to your request for information pertaining to Sid No,78-79-91, I would like
to inform you that 1. have checked and to the best of my recollection we
never received an invitation for said bid. Our Sales Department also checked
for any possible existing records but we failed to find to find any.$'
This is one of the corporations that the Administration alleged to have sent
bid invitations to,
Here is another one from Harnett's, darted July 23, 1980;" A preliminary
_ research of our records and my recollection tnd$.cate that we have never received
a bid for the sale of office furniture equipment, Sid 78-79-91, This 'being
the case, we are unable to supply per the Specifications of that bid,"
There is another from Richard Plumer Interiprs Design, dated August U.
1980; , , ,
MT, Plummer; No relation,
tnh 32
a
Mt, Cat'ollo: That's tight, there is only one "m"o not two. `'With regards
to this letteto it is my response to your request with regards to Bid M-79-91,
V dm Vety source from which I cah'offer testimony, we at Richard 'Plumes
thteriots; Zne, did not receive an opportunity to bid furniture on City of
Miathi+s specifications...►" That's J that said they didn't receive its
bete is mote, Banyon Associates, Long's Office Supplies, the System
Soutres� all stating what Plummer stated recently during the course of this
conversation, they felt that the bidding specifications in this process were
unfair.
Mayor Fetre! Well, any other statement? We have a motion on the floor.
Do you watn to reiterote your motion, Mr. Plummet!
Mr, Plummet: Mr. Mayor, sty motion simply states that the Administration
adhere to the Legal Opinion of the City Attorney, the only one that I am
operating under, August l4th:
Rev. Gibson: J,L., I have a problem with that. If the Court is going to
hear us on the 2nd of February, we would be better off waiting until the Court
renders the judgment. At that point in time, the issue would be crystal clear
and the Administration couldn't possibly do it again what it is doing. Other-
wise, you put the Administration on a posture that they could try it again.
Mr. Plummer: Well, Father, I have no problem with that.
Rev. Gibson: It will accomplish the same thing that -ou want to accomplish
but the difference is that we would have gone to the heart of the problem,.
If we defer this item until after the Court hearing and get a decision from
the Judge, ..
Mr. Plummer: That's another $7,500.
Rev. Gibson: But listen, J.L., if you don't, and based on what you've heard
from the attorney, you would not be saving any money, and yet you could run
into the same danger later on.
Mr. Plummer: Father, look, I withdraw my motion, all right? But Father, I
have for years, for years, not just one, two, three, four, I have tried and
begged of this Commission that the purchasing procedures that we are using
are wrong, and...
Mayor Ferre And, based on your criticism....
Mr. Plummer: .. . we are going finally into Booz-Allen, okay?
Mayor Ferre: Booz-Allen and re -vamping the whole purchasing procedure based
on most of the statements that you have been making. Now, that's where we are
at today, Plummer.
Mr. Plummer: Father....I withdraw my motion.
Mr. Lacasa: I would like to make a motion, a motion to table this until after
we have had a decision from the Court.
Mayor Ferre; At this stage of the game, there is no ..potion on the floor, I
don't think you need to table it, what you need to do is to defer this item
until after the Court action is taken.
Mr. Lacasa: So I move to defer this until that time,
Mr. Carollo: Second the motion,
Mayor Ferre; Further discussion, call the roll on the deferral,
(MOTION APPEARS ON NEXT PACE)
ml�
��{,. VL!
The following motion was introd0ced by Commissioner Lacasay who moved its
adoption:
MOTION No, 81-18
A MOTION A MOTION TO DEFER CONSIDERATION OF AUTHORIZATION TO THE
DIRECTOR OF FINANCE TO PAY LITTON OFFICE PRODUCTS CENTER, d/b/a
CENTRAL STATIONERS, INC. THE SLIM OF $560,524 IN SETTLEMENT OF
CLAIM UNTIL AFTER THE COURT HAS RENDERED ITS JUDGMENT ON FEBRUARY 20
1981,
Upon being seconded by Comissioner Carollo, the motion was passed and adopted
by the following vote -
AYES: Commissioner Armando Lacasa
Commissioner Joe Carollo
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: Commissioner J.L. Plummer, Jr.
ABSENT: None.
ON ROLL CALL:
Mr. Plummer: I vote "no". I think the Charter is very clear.
Mr. Carollo:What we -are voting upon is just to give the Court an opportunity
to express their opinion, that is not to state that we have to agree with
that, J.L.
Mr. Plummer: I understand that.
Mr. Carollo: Air. Mullins? Before we get done with this, L would just like
_ to ask a couple of question; of :sir. Mullins, since Mr. Mullins is the Purchasing
Director for the City of Miami. Is that correct, sir?
Mr. Mullins: I'm the Purchasing Agent.
Mr. Carollo: Purchasing Agent..
Mr. Plummer: Mr. Carollo, may I caution you, sir, according to the City
Charter you have to ask your questions through the Manager and only with the
Manager's permission can you 'direct or examine Mr. -Mull. ins.
Mr. Carollo: Well, wait a minute, I have a legal opinion that the City Attorney
gave me that states that I have the authority under the City Charter to ask
questions that deal with the City's business, of any employee.
' Mr. Plummer: If you invoke the rule in Section 11, I believe you do,
but other than that it has to go through...excuse me, I'm just trying to keep
everything on top of the table.
Mr. Knox: The questions are through the City Manager, Commissioner, and the
way that it is generally done is that the City Manager generally freely agrees,
Mr, Carollo: Wait a minute, wait a minute, You...I don't want to know how
i.t is generally done, I want to know the legality of what I can do and what
I cannot do, Now, ypur office gave me a legal opinion not so long ago that
stated that I have the right as a member of this Commission to ask questions
that pertain to this City, only ask questions not tell then what to do, To
ask questions pertaining to the City of any employee here as long as it is
to find out information pertaining to the City of Miami., Now, if you are going
to tell me that I can't, and Ceorge, you know.,.I'm beginning to wonder...
Mayor Ferro, He didn't say that, that's not what 1 heard the than say,
Mr. Carollot Well, Georges I'm asking you now, point blanks does any member
of this Commission have the right -according to the City Chartet. to iiquite
information of employees of this City4 information that pertains to the City
of Miami?
Mr, Knox; I will read into the record the precise Sections that apply to this.
Mt, Plummer: I think there ate two sections, one in which the Commission
creates an investigative body of itselfs then you have the right,, r
Mr, Carollot Yes, that will be done when we get our change in here,
Mr, Plummer: ...then you can subpoena and put under oath and everything, but
I think other than that you hae to go through the City Manager.
Mr. Carollo: J.L., with all due respect to you, who are we kidding? When
will that ever be done at least with the structure of this present Commission?
Maybe when hell freezes over, but not before.
Mr. Plummer: I think whenever three votes want it, it's done,
Mr, Knox: The provision is Section 4(d) of the Charter and the question is
answered as follows:
"4(d) "Except for the purpose of inquiry. the commission and
its members shall deal with the administrative service solely through
the city manager...."
Mr. Carollo: "Except for the purpose of inquiry,...."
Mr, Knox: Yes, sir..
Mr. Carollot So that your original opinion to me was correct that any member
of this Commission has the right to require information of employees, informa-
tion pertaining to the City.
Mr. Knox: Yes, sir.
Mr.. Carollo: Very good, thank you, George.
Mayor Ferre: Is there anything else?
Mr. Carollo: Well, if I may at this point in time ask Mr. Mullins a couple
of questions .
Mayor Ferre: With regards to what item?
Mr. Carollo: With regards to the same item and his background because as he
was the Purchasing Director I would just like to clear some things for the
record about the individuals involved in this. If I can't, then there is no
problem Mr. Mayor,I will direct the questions to the City Manager and get
them in the open at the next City Commission meeting, whatever is more con-
venient for you, sir.
Mayor Ferre; I don't care how you do it. Go ahead.
_ Mr. Carollo: Mr. Mullins, before I ask you what I am going to ask you, sir,
I would like to remind the City Manager that quite a few months ago, when
Mr. Grassie was still the City Manager here, I requested of Mr. Grassie to
have a complete up to date ;resume of all the Department heads, Assistant City
Managers, etc. that we had in the City, I have talked to you several times
on this matter and requested it from you, Up to this date I have not received
this, sir,
Mr, Fosmoen They are on my desk and ready for distribution to the Commission.
Mr, Carollo: I would appreciate that, I would like to receive it.
Mr, Mullins, according to the Resume that I was given b the Administra-
tion on your background, sir,'I would just like to verify some things, sir.
In your last employment, before coming to the City of Miami-, did you work for
the General Development Corporation?
Mr. Mullins; No, I did not, It was npt the iapt emplPyinent,
mh
Mt- Carollo: All right, when did you work for the General beve opment Corpofa-
tion?
Mt. Mullins: When?
Mt, Carollo: Yes, sir:
Mt. Mullins: from 1961 until 1972, approximately.
Mt. Carollo: From 1961 to 1972. ;aid prior to that, sir., where did you worts
before?
Mr. Mullins: Prior?
Mr. Carollo: Yes, sir. Or shall I say after that, just before coming to the
City of Miami.
Mr. Mullins Leadership Housing, incorporated., in fort Lauderdale.
Mr. Carollo: Okay, si.r.. According to this your educational background is a
B.B.A. equivalent, I would imagine it's a Bachelor in Business Administration
equivalent? It says here that you acquired it through the International
Accountants' Society of Chicago, Illinois?
Mr. Mullins: Mr.. Corir;issioner, this question was raised one time before by
you and at that time i ..nswered it exactly the way I'll answer it the second
time.
Mr. Carollo: I nover recc -1ved an answer from you on this question, sir;
Mr. Mullins: I answered you from this position, right here.
Mr. Carollo: So maybe you could answer it again, sir, I have no recollection
of you answering that to me,
Mr. Mullins: All right. First of all, the equivalency of a B.B.A.Degree
was my own estimation, t},c!r.e is nothing in writing that says that it is official
or otherwise.
Mr. Carollo: Okay, sir, Nou've answered my question 'since the International
Accountants Society of Chicago, Illinois, to the best that we could find out
does not exist nor is them any record anywhere in Chicago, Illinois.
Mr. Mullins: It is possible that it no longer exists. At one time it was
a nationally recognized -chool of general accounting by correspondence.
Mr. Carollo: The Purchasing Management course at the American Management
Association of Chicago,Illinois,-that you put down here and and said that
you took, is this correct?
Mr. Mullins: Yes, sir.
Mr. Carollo: All right, then I would like to inform you also that from a
'letter that I have, the American Msna;ement Association -which I would imagine
is the same as the Association that you have listed- there main headquarters,
out of New York, states in reference to,you, sir, Mr. Arthur L. Mullins: "k'e
have inquired from our Computers' Retrieval Systems for continued education
units and our records cannot find records of his attendance since January,
1974, where a C.E.U. Program became effective." So, according to them their
program became effLcrive in 1974 and there are no records of it. I just
vRnted to clarify t.: is Mr. Mullins, since you were one of the people who was
ve; much involved in this bidding process.
Mr. Mullins: Mr. Carollo: Their computer records started in 1974. This
course I took ;Yas back in the 1960's, I don't remember the exact year, but
I believe my Resu, .,
Mr, Carollo: It says that this course became effective --the Continuing
Education Units- becarie effective 1974, not the computers,
Mr. Mullins: Well, does my Resume say that it was a Course in continuing
mh
JAPE 1� ���
education! It merely says that it was a course in Purchasing Management,
Mt, Carollo: Well, sir, this is the only course that they stated they were
giving up,
Mt► Mullins: tow about if I bring you my Certificate of Completion that I have?
Mr. Carollo: I would appreciate it, sir, plus any other Certificates that
you have in that B.B.A. equivalent.
Mr. Mullins: I don't know about the B.B,A, equivalent but I can bring you
a Certificate of Completion from the American Management Association, as well
as from the International Accountants' Society,
Mr. Carollo: Thank you; sir, we will appreciate it.
Mayor Ferre: Any further questions?
Mr. Fosmoen: Perhaps if the Commissioner would ms'.1e me aware of the informa-
tion that he has I could follow up on it
Mayor Ferrer Well, I'll tell you, I don't...even though I sense the
destructive nature of all of this, -I also, out of fairness, have to say that
there is a certain amount of propriety involved in making sure that people are
not exaggerating or lying in their...specially people who are involved in very
sensitive positions, such as Finance or Purchasing. I have no objections, I
certainly don't want this Commission to become an inquisition or a Board of
Inquiry that continually goes...
Mr. Carollo: Certainly not, Mr. Mayor.
Mayor Ferre: ...I have no objections, however, to Mr. Carollo pursuing these
matters, which he does anyway, and he has the right to do so.
Mr. Carollo: I don't think I'm the only one that pursues this matter, Mr. Mayor.
Mayor Ferre: I know, Jack Alfonso and others are pursuing it with you.
Mr. Carollo: No, Mr. Mayor, some of your personal friends, I believe.
Mayon Ferre: Are pursuing, it?
Mr. Carollo Other matters of investigations, as you stated Mr. Mayor.
Mayor Ferre: Well, you just put it into the record. Why don't you just put
it into the record? Because I...
Mr. Carollo: Don't need to, at this point in time, Mr. Mayor, we are addressing
ourselves to this particular case. If any other instance comes up, Mr.
Mayor, then I will adjust myself to whatever instance comes up.
Mayor Ferre: Well, I don't have any kind of schizophrenic complex of trying to
find...
Mr. Carollo: Well, at least maybe you feel you don't have some of this complex,
Mr. Mayor, maybe you Have others, Mr. Mayor, but the bottom line is that the
reason, the only reason that this came up of trying to find out the different
.qualifications of individuals was because of this problem that arose, otherwise
we would not have touched upon it. It's as simple as that.
Mayor Ferre; Fine, I have no problem with the series of investigations that
you are continually making, you have the perfect right to do it. I just don't
want to take an awful lot of this Commission's time on a Board of Inquiry type
of a thing and, you know, if you want to pursue this individually, you've
already established Chat you've got the right, I'll let you do it a little bit
here, as you've done before, but I just want to go on the record to say that
unless this Commission overrules me otherwise, I'm not going to permit this
Commission .to become an inquisition,
_ Xr, Carollo; Mr. Mayor, this Commission is not the Inquisition but'if we
recall very clearly, we had a gentleman who was the Finance Director of this
City who had to resign because he had lied in his background in his applica
tion,
Yor Ferre, Fine, you pursue it, and as I said, I recognize the value of It.
You pursue it, I'm just not going to allow for this forum to be used in that
mh
�fAN 15 1`9 81
Pa:ticular way unless youu hjve two other rotes other than ,ourself to make
this into
Board
tofromncw✓an.
oInquiry. ,4i'W� i_odthat's
my ruling and that's what I'm
go going toadhere
Mt,' Carolla: Mt. Mayor, all I WaS trying to do was to Clarify some informa-
tioh that was relevant to the issue that we were discussing,
Mayot Ferret All tight, we are now back to the Agenda items of the morning
and unfinished business which..:...
Mr, Plummet; Mrr Mayor, may 1. please beg your indulgence, sir, I would like
to pursue one other matter in the purchasing area and I would like a justification
to be brought back to this Commission.
THIS 'bicussION CONTTNL!EI) H RETNBELOW.
25: RrQUEST AT)M[N3S)'k,'1`' 30N` AN'D i,,1t; I)EPART.tf:NT' To RES1:AitGi, CITT
OF kf'tA,'11 A;)t7FX1 i M—%i'I:Ia1T t APPROPIRATEINESS of.- SLZI m,
A\Ds. I T(:.
r, Piummer cont d): Mr. Mayor, I just used this morning's paper and I
think it's an average situation. I would ask that all of you take advantage
of reading the kinds of pro_edhires we are following in using local news Media
for the purposes of advertising. Then I will remind you that each project that
we bid is increased 18`' for A&,ini.strative charges, Mr. Mayor, let me just
pick one from the paper this rmoraing. And, I don't know, maybe there is a
Federal prohibition or a Federalregulation whenever we use Federal moneys,
but Mr. Mayor, advertising in the local morning paper costs $3.95 per line,
per line (emphasis added). \.;w, I'm sure that the City gets a cut on
that for the great usaVe of Lines ;)ut I fail to see where en add running from
here to here -and I diu,.`c_ ct ivit the lines involved-- but Mr. Mayor, it goes
on to give titles. of people whr, work in that Department, their phone numbers
not just in one instance uut lin a number of instances. What I'm trying to say
is, this ad if you took and I. don't. know that you can see, all of the informa-
tion that I feel that is necessary runs from here to here, with a simple, if
you wrjnt additional_ to call so and so. Okay? Now, what I'm
saying to you is that t.ko thirds of the cost of this advertisement -in this
particular morning I think we have seven (7) in tis particular paper- two
thirds of that to me is wasted money.
Mayor Ferre: Then make your iaotion.
Mr. Plummer: I don't know what the motion is.
Mayor Ferre: Well, then the motion is that the Administration and the City
Attorney review our advertising in the classified and/or any other section
and come back with the legal requirements to make sure that would cut down
ads in size, provided it's legal. There maybe legal restraints in all of that.
The following motion was introduced by Commissioner Plummer, who moved its
adoption.
MOTION NO.81-19
A MOTION I)IRECTING THE CITY MANAGER AND THE CITY ATTORNEY
TO INVESTiGATF. THE TYPES OF ADVERTISEMENTS BEING PRESENTLY
DONE BY THE CITY OF MIAMI, TAKING INTO CONSIDERATION TYPE
SIZE (CLASSIFIED OR DISPLAY) AND POSSIBLE UNNECESSARY
CONTLNT OF CITY ADS
Upon being seconded by Commissioner Gibson, the motion was psssed and
adopted by the following; vote:
AYES: Commissioner J. L. Plummer, Jr,
Commissioner (Rev.) Theodore R, Gibson
Commissioner Joe Carollo
Vice Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES; None,
ABSENT; None,
tnh q #
JAN'1
VOttOWfNd Stott cAtt ON motiO3 €31-1.9:
Mt, Plummet! Rt Maydt; ekcuse mej that also addresses that there are =I think
twd in the paPefg this cnorning- tot some reasoni there ate these tremendous
classified display ads listing all of the names of the people involVddf and
display ads tuft about theee times what classified run and I hope that that will
tot be dvetlookeds that ttie faotiob spoke to the entite ptogtafh,
Mayor Pette: okay; let the record reflect that the motion speaks to both
elassified afid display ads,
mh
26, HIRING FREEZE: DIRECT PREPARATION OF DOCUMENTS FOR P08SI13LE
"SUNSETTIyG" OR "ZERO BASED BUDGETING"
FOR CITY DEPARTMENTS.
tr. FF FZa 14 CRITICAL POSITIONS IN BUDGET &
tA,N'A(; ; iF.NT AND 1 AS.5 STANT DIRECTOR OF i:I;*A,ICE
Mayor Ferrer Alright, we are now on Item "C" which we discussed at the
meeting yesterday afternoon. I think we had ample discussion of it.
I'm certainly willing to get: into it again if somebody wants.
Mir. Plummer: Mr, Mayor, I will make a... well, there is no -notion to be.
made, I'm sorry. This is just for discussion.
Mayor Ferre: Well, I think that the only motion that would be made is to
grant the request of the Administration in those areas the hundred seven
jobs that are classified ads critical if somebody wants to viake that motion.
That's the only motion that I would say could be made one way or the other.
Mr. Plummer: Mr. Mayor, I will invoke the rule.
Mayor Ferret Alright, state the rule.
Mr. Plummer: The five day. rule.
Mr. Fosmoen: What that there is not a resolution before you. The item
is on the agenda.
Mr. Plummer: It's not an item. It's under. Committee of the Whole and
as such there is nc agenda item corresponding.
Mayor Ferre: J. L., crow a practical point of view. I don't knot,* what
the... I'm not against invoking a five day rule and I'm not going to...
Mr. Plummer: Excuse me, I'm sorry, I can't invoke it there is no motion
been made. So I'm sorry, I withdraw.
Mayor Ferre: If there is an indication. I just want to reason with you
a little bit. Now, ; am telling you as Chair. You know, I have got the
right to call a special emergency meeting. I will not do that. Ok, I
will not abuse the power that the Charter gives me in this particular
case and I would if you invoke the five day rule go along with it, ok?
_ Now, I would ask that you not do that for this reason. We have a meeting
next Thursday and it would therefore, be scheduled next Thursday .and that
the will of the majority here is such. Unless there is any particular
reason that you want to wait until next Thursday...,
Mr. Plummer: Yes and I will tell you why, ok? Mr. Mayor., I have may be
a concept that can be used that in effect, tries to accomplish what I
felt was the sense of this Commission at budget time since this in fact,
was in my estimation one of the ways ofbreaking the deadlock on budget,
I feel somewhat subterfuged now that everybody was in concurrence at
budget time that this would be done and now it's worming its way back in.
I think Mr. Mayor, that I want to pursue for example, this list which
is totally wrong, here is nothing as you will recall relating to Police
and Fire to be included, including the civiltanization in those departments
and yet to emphasize in this particular memo areas of Police and Fire, I
think is just a subterfuge
Mayor Ferre: Plummer, in the interest of time, I don't think that there
is, any question that if, at least in the majority of us on this
Commission, if there is nothing else left there certainly is civility
hero and courtesy. And I.don't.,. I think if you want to defer this you
don't have to invoke the five day rule, if you feel that strovigly I'm
sure that this Commission will go along with a request for deferral until
the Und, However, i want to make sure that the Administration can live -
with that because don't wart somebody coming back three or four months
from now and saying that because we lost a week in the hiring of Mr, °'''
the budget wasn't prepared or something drastically went down the drain,
In other words, can you wait until. the 22nd, That's my questiot►► Tkten
40 V 41 �V +
0
f
t
If that;t the case and unless there is an emergency which said there is
no such thing and it could wait until the 22nd, that 1 would certainly
addept A motion of deferral, Well., there is actually'no motion needed
because there is no scheduled item,
Mr. Plummer! That's correct. Mr, Mayor, may I ask a question? Mr.
Fostttoen, let me just pick one. Assistant Labor Relation Officer and that's
the first one and hopefully whoever that is I'm not picking on that
individual. Is that a classified or unclassified position.
Mr. Fosmoen: Unclassified.
Mr: Plummer! As such, Mr. Fosmoen, is it possibly legal that, that
individual if chosen could be under a contract rather than tmder general
employment? t
Mn Knox:_ It would be... the person would have to be an independent
contractor and there are several regulations about that person's entitlement
to benefits and so forth. But City does have the power to engage
independent contractors to do specified things.
Mr. Plummer: In other words, we could engage these individuals in the
unclassified positions until September 31, the end of the fiscal year
Mr. Knox: Yes, sir.
Mr. Plummer: Ok, now that's the area that I would like to pursue during
the deferment. Any of these positions that are in fact, unclassified
positions that serious consideration and the ramifications both plus and
minus be given to this Commission before voting on this issue. Any
problem with that. I suddenly feel like I'm alone in the world out on
an island. There is no objections?
Rev. Gibson: Well, let's... can we agree?
Mr. Plummer: Well., I will make a motion so that I can get something.
Rev. Gibson: Alright, go right on.
Mr. Plummer Now, let ate give you one that will bring objections, may be
and I hope that it won't. Mr. Vice -Mayor, I make a motion at this time
that all departments of the City of Miami be;sunsetted.
Rev. Gibson: Shall be what?
Mr. Plummer: Sunsetted.
Mayor Ferre: Tell me what the motion is again, please?
Rev. Gibson: That all departments of the City of Miami be sunsetted.
Explain your position, sir.
Mayor Ferre: Plummer, you are getting into a real. can of worms.
Mr, Plummer: I know what I'm doing, Mr. Mayor. Look, I feel that the
Administration have sabotaged me. I'm sorry for putting it that strong.
There was.,, you know, at budget time the intent of this Commission was
to save money and doing such was the reason for the job freeze, Ok?
And I'm saying to you that now it is being undermi.nd. There is no
justificattan given in these departments, As we said yesterday in the
budget and Management which we picked on and I'm sorry to my friend, They
are seventeen positons under what they think they need, but they have not
come up with any justification that the twenty three that they have ,are
critical,
Mr. Carollo; J, L., excuse me, If I may ask who or whom in the
Administration do you think has been sabotaging you,
Mr. flumuer; I can't answer that. I think. , , I'Pn not that smart, Joe,and I don't pretend to be and I try not to speak in areas that I don't
know, but what I'm saying is that to me this memo speaks In defiance
of that the CommJ@@Jpn WAF• rryinb tp aocpmp1joh and that was the euttin$
the cost atound here of operation.
Mt, carollo: You ate right, J. L. And let the say this for the tecord
that, „
Mt, Plummer: Mr. Mayor, excuse me, I withdraw my motion of sunset, I now
make a motion asking the City Attorney to prepare the necessary documents
and instructing the Administration to place it on the next City Commission
agenda, I stepped out of line and 1 apologize for that.
Mayor Ferre: The motion is not clear, Mr. Plummer, and the -Chair... Mr.
Plummer, the motion was not totally clear and the Chair would ask that you
"reiterate your motion in a more explicit form. You didn't use the word
'lsutiset" for example, in your motion. Would you reiterate your motion?
Mr. Plummer: Yes, Mr. aayor, my motion at this time is that the City
Attorney be instructed in usually accepted compliance of standards set
forth of procedures for agendas. That he prepare whatever is necessary
in a legal document for the purposes of this Commission passing possibly
or denying a motion of s;un:+�t on all. departments. (B) That the City Manager
be instructed to placr: this preparation of the City Attorney on the
January 22nd agenda.
Mayor Ferret There is a motion, is there second?
Mr. Carollo: Second.
Mayor Ferre: alright, there is a second. Under discussion I would like
to, Mr. :Manager and Mr. Flummer ask that the Administration also garner
if possible between now and the 22nd the... at least a dozen of the
volumes of things that have been written in journals, professional,
political, Republican and Democratic Party journals and all this kind of
stuff as to how the sunsseting laws that were instituted in California and
other places have not worked. do not work and nobody is going towards
sunsetting procedures any where in the Country at this time, including
those who invented and instituted the system, ok? Now, that's not to say
- that we can't do it and that's not to say that there might be some
underlining value J. h., of saying with department heads or with certain
specifics. But if you start sunsetting four thousand employees, you know,
if you are... you are getting in a pandora's box that has no... now, you
know, if you are talking about sunsetting the department heads, the
Assistant City Managers and Managers, now that I don't see that there is
any problem with that, but if you start sunsetting the whole city, my God,
you will have to create a department... you will have forty people in
a sunset department,
Mr. Plummer: Mr. Mayor, let me speak to the basis of what sunset accomplishes.
The basis is that eacli and every department must justify their existence.
That's all sunsetting is. That they will not have the luxury and the
privilege of knowing; that it's business as usual, stick it to the public,
increase in taxes. That they have got to justify each and every action
before they will be renewed at budget. That's all sunsetting i's.
Mayor Ferre: Ck, we have a motion and a second and I think it's very
clear and I think we all. understand. So... further discussion? Alright,
call the roll., please. Wait a minute, hold c6,i, Father Gibson.
Mr. Plummer: Mr. Mayor, excuse me, may I give a...
Mayor Ferre: Father Gibson has the floor, J. L.
Mr. Plummer: Oh, I'm sorry.
Mayor Ferre; Go ahead.
Rev. Gibson: Mr. Mayor, I thought yesterday when we talked that we
instructed the Administration to review the recommendations as they
were given to us in regard to the different departments and that before
we take this kind of an action they would come back to us. For instant€,
I used the word whore there was seventeen people asked for to take
ten people and go on a progression. Now, any brethren I understand how
yQU alto going to say to this City you oan't operate,
�1"►1
Mt. Plummer: That's not being said.
Rev. Gibson: Well, J. L,, if a man needs forty people arid,..
Mt. Plummet: Be has got to justify.
Rev, Gibson: wait a minute. Vou got an expect, you got a company.,: we
are great for getting companies to survey§ advise, recommend and then
after we get them, we pay them no attention because they didn't give us
the answer we want. I think that if you got Booze Allen and I use them I
because they ate suppose to be a reputable firm all that. If we ate
not going to pay any attention to Booze Allen let me tell you this,hope the God nobody would ever ask me to vote to employ any consulting.
firm again. Now, this is the way I operate. if I don't need your
advice, I don't ask you. I done ask you.
Mr. Plummet: Father, let me say to you. As you know, I was a great
advocate of the Booze Allen Plan and it would be a simply thing Father,
that the Finance Department in their justification to exist would use
that report in justification of their department and I would accept that
because I was an advocate of it. There is no controversy there.
Rev. Gibson: But Booze Allen said to us, look, this is what you need to
do and I'm sure they must have given us some numbers. Now, either we
want to try it and then if it doesn't work get rid of it or otherwise, _
we would have spent our money in vain.
Mr. Plummer: I agree.
Rev. Gibsont I urge this Commission to try the recommendation that you
have paid for.
Mr. Plummer: I agree.
Rev. Gibson: And once you find out that it. doesn't work I would be
among the first to offer a motion to change it.
Mr. Plummer: I: agree.
Rev. Gibson: But unless you try it you have no way of saying that it
will not work.
Mr. Plummer: Father, you are speaking to one individual department out
of forty.
Rev. Gibson: J. L., I'm.., look, I want everybody... you know what the
White people say about me as a Black? That I may not be able to speak
a lot of other languages, but I am very clear in speaking English and
they say that they understand when I speak loud and clear and they don't
have to feel around, because I know how to speak that ghetto language
and this one up here. I say to try Booze Allen's recommendation. That
means not only for the Finance Department. That means for any and all.
That's what you paid your money for. Now, you know, I just don't see ,
it,
Mr. Plummer: Mr, Mayor and Father,.,. Father, let me, please amend my
motion with the recommendation of the City Attorney and that is that
preparation be made not only for the purposes of possible sunset, but
also an alternative of zero based budgeting. I have no problem with that,
I just... you know, as I told all of you yesterday, Mr. Mayor, as I sat
in my office for ten days and watched a tree being watered by ten people,
one holding the hose and nine supervisors,., There is a big need around
here.
Mayor Ferre; There is a motion on the floor as amended, further discussion,
and it's just a motion asking the Manager and the City Attorney to come
back with a recommendation and a motion or whatever.
Mr, Fiumer, Motion or whatever and that it be placed on the 29nd agenda,
Mayor Ferro; And Placed on the Und $8e944, Alright, call the roll,
The following motion was introduced by Co=issioner Plummet; who
moved its adoption:
MOTION NO, 81-20
A MOTION DIRECTING THE CITY ATTORNEY TO PREPARE THE
NECESSARY DOCUMENTS )FOR CONSIDERATION BY THE CITY
C011MISSION POP, POSSIBLE SUN -SETTING OR ZERO BASE
BUDGETING FOR ALL CITY DEPARTMENTS] AND TO COME
BACK ON THE AGENDA POR THE MEETING SCHEDULED ON
JANUARY 220 1981.
Upon being seconded by Commissioner Carollo, the motion was passed
and adopted by the following vote:
AYES: Commissioner Joe Carol.lo
Commissioner J. L. Plummer, Jr.
Commissioner Armando Lacasa
Vice -Mayor Theodore Gibson
Mayor Maurice A, Ferre
NOES: None.
FURTHER DISCUSSION:
Mayor Ferre: Now, I would like to J. L., as I said out of courtesy to
you, I have got no problems of waiting until the next meeting. I want
you to know just on the record that I will be voting for the hundred
seven critical positions that the Administration is recommending and I
don't, you know, I'm not saying in any way anybody is playing games or
anything, but I just want you to know that I really... I will not vote for
any deferral beyond the 22nd and I would like to ask in the area of the
Finance Assistant Director and the Budget people. Especially the four
Senior Management Analysis and the two Assistant Directors that we pass
on those positions now. Are those the most critical of all, Mr. Manager?
Mr. Fosmoen: Those are critical positions.
Mayor Ferre: Manohar, could you tell us what are the absolutely most
critical things... people that you... because I'm going to make a motion
if nobody else does that in those people that... who are really going to
get in trouble by not hiring or beginning... it will take us two or three
months to hire those people. What are the absolutely, super critical
things that you have got to get moving on to get the budget...
Mr. Surana: I need two Assistant Directors, and at least about five
— Senior Management Analysis.
Mayor Ferre: You have four Senior Management Analysis.
• Mr. Surana: I have four and two, six total.
Mayor Ferre: Four Senior and two what?
Mr. Surana: Two Operations Analysis.
Mayor Ferre: Two what? I don't see that in this list. I...
— (BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Two and four, that's six, Two Assistant Directors and four
Senior Management Analysis, right?
Mr, Surana; And also the clerical People, I don't have any clerical
help..
— Mayor Ferre: How many clerical people do you absolutely have to have,
Tbgpe thr€€ clarical peepie, ok, And how about the Chief Management
AnAlYA.s? Can that wait until the 22ndi
4 ,� � 115 4
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Mt. gutana. yes, that can wait.
Mayor Forte! 0k, Now, Mr, Managerq the Finance Assistant hirector because
of all the bohding..y is that the petson who is going to be involved in
bonds and all that?
Mr. Vo8tt6en: He is party,., yes, it does have an impact on out bonds►
Mr. Plummer: Mr. Mayor, may I inquire► you know, we have a different
conception of things around here and of course, I assume Mr, Manager, that
this preparation of this document is done with in coercion with someone
else.
Mayor Ferre: That's a bad word.
Mr. Plummer: well, Mr, Mayor, what I'm trying to bring out to you sir,
to make an impact with this document, thirty-three of the positions are
not even covered under the freeze.
Mr. Fosmoen: That's correct, they are Police Department positions.
Mr. Plummer; They are not even covered. So they are just trying to make
dramatic impacts.
Mayor Terre: Would you permit me to continue? I'm just trying to identify
and I want to put it to you this way. We are now in January, ok? In
October we have a new fiscal year.
Mr. Plummer: Right.
Mayor Ferre: If we were to approve these unfreezing today by the time these
people advertise, look at what comes back, interview, make the job offers
and hire these people that are critical it will take three months. That's
if they move like lighting. I mean, that's lighting.
Mr. Plummer: Mayor, they can't move that fast. Human Resources just
absolutely cannot move that fast,
Mayor Ferre: Well, then you are talking about, if everything goes perfect
in May or June you may have on board some of these people. Now, the budget
has got to be delivered to this Commission before we go on vacation in
August, you are talking about people that will be on the job weeks. And
you are talking about a lame operation that should be three crucial functions
Internal Auditing, the preparation of budget and the Analysis Assistants.
Now, in an operation of this magnitude, a corporation of a hundred twenty
million dollars which is what the City is with four thousand employees
that you perform those three functions with seventeen people is just
totally impossible. I don't give a damn whether it's Booze Allen Hamilton
or President Reagan himself. There is nobody that has a modicum of
experience in administration that could tell you that an operation of this
magnitude.., therefore, I think not a week, a day is critical and I think
that there are some areas in here that I would like to plead with this
Commission and with you, in particular, that you permit and that we... 1'm'
going to make a motion if nobody else does that the Finance Assistant Director,
the two Assistant Directors that the Management and Budget, the four Senior
Management Analysis and the three Typist Clerks be approved today, because
we can't afford to waste anymore time on that.
Mr. Surana: May 1 add three more positions, str?
Mayor Ferre: What?
Mr, Surana: Three more positions, The Auditor 1 and Auditor 11I,
Mayor Ferre: Three positions?
Mr. Surana; Three more positions,
Mayor Ferre: Alright, what positions
4P . ;
4 law-
1
■
Mayor Vertet what?
Mr. 8urana: Auditor I.
Mr. Fosmoen' Auditor I and Auditor III,
Mayor Ferret Auditor I and... well, you know, you are getting now to the
point where you are asking for all of them.
Mr, Plummer: Now, let me bring out another thing to you Mr. Mayor, what
these people are not telling you, ok? Mr. Gary, how many porsitions ate
offered... excuse me. sir. Parkins? lit. Fosmoen, I'm sorry.. How many
positions of CETA are available to this City that are not used? Would
you answer my question?
Mr. Fosmoen'. Sure. There are probably a hundred positions, Commissioner.
Mr. Plummer Then go ahead now and explain anything you want. You want to...
see, let me tell you here they are playing games with you.
Mr. Fosmoen: We are not playing games. We have a cap of seven thousand
dollars in CETA employees, Commissioner.
Mr. Plummer: That's right. Go ahead.
Mr. Fosmoen: It is a training program. It's not a job program. You can't
expect the Budget Department to operate with CETA people.
Mr. Plummer: I didn't say that dial I?
Mr. Fosmoen: I'm sorry, 1 was reading your mind.
Mayor Ferre: Well, make your point J. L., because I don't...
Mr. Plummer: 1,4y point. is :•ir. Mayor, I have just gone through and identified
in the Building Department one position, in the Budget and Management three
positions, in the Police Department nine positions, in Public Works five
positions, Stadiums and Marinas one position all could be filled from CETA
and they are telling you, you got to put them on permanent payroll. Does
that tell you something? It tells me something.
Mr. Fosmoen: The salary rates are different, Commissioner. You are actking...
I assume you are talking about principally, Typist Clerks and those kinds of
positions.
Mr. Plummer: I'm talking about what you got in this list as critical.
Mr. Fosmoen: Yes.
Mr. Plummer: I'm looking at Building and Zoning Inspection.
Mr. Fosmoen: Yes.
Mr. Plummer; Ok? What's the maximum you can pay CETA?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr, Plummer; Seventy-five hundred. Would you please tell me why you tell
me here I have goat to put that as critical on permanevIC when it could be a
CETA position, We got a hundred positions wanted. I'm lorry,
Mayor Ferro: Well, answer the question.
Mr. Gary: This salary does not represent An annual. salary, That person
makes more than seventy-five hundred dollars, This represents a portion
of the year, You can't go by the outside.
layer Ferra Alright, look, I will ask you the 9ueston Qne Cora time,
Would you please tall me orher.,• because I !understand the problam of the
Management and Budget, I'm going to 1aat all fs, Pen of
46
those people be Apptoved and the Finance Assistant bitector, Now, is theme
anybody else that is absolutely, totally, critical?
Mr. Fos:noen: Noy we can wait until next Thursday with the test.'
Mayor Fettet 1 would move, Father if you would take the gave14 that the
Finance bepartment one Assistant Ditector and the fourteen people in
Management and Budget be unfroett'at this tithe.
Mr. Plummer: That's Management and Budget,. Tell me again Mt, Mayor,
Mayor Fetret All fourteen positions of Management and Budget and the
ones . and the Assistant Director of Finance, Those are the..,
Mr. Plummer: You are root.., what you are doing then is you -are precluding
the right to possible put these people under contracts? Under annual
contracts?
Mayor Ferre: I don't think you can hire anybody to...
Mr. Plummer: Unclassified... any unclassified position you can do under
a contract existing on fiscal years.
Mayor Ferre: Listen, I don't mind you doing that with Typist Clerk II and
III and all that, but I don't think you get...
Mr. Plummer: No, they are classified, Maurice, you can't do that.
Mayor Ferre: I don't think you can get a Senior Management Analysis or
an Assistant_ Director for a major department and put them on a one year
contract, J. L.
Mr. Plummer: Well, I will just recall to your memory that we did this
in a number of cases for the experts to come train our people and that's
how it was done.
Mayor Ferre: But I think you are just going to absolutely hog tie anybody
from functioning in any effective way in a critical department which we
need which is the Budgetary Department. I... you know, you are talking
we are tampering with the jugular vein of the City and I just... you know,
I with all due respects I don't mean to offend Community Development and
Leisure Services and the City Manager's Office and Building and Zoning,
but in this particular area of the budget and the Finance Director, I
think you are talking about the life system of this City and there is no
way that you can function with a department of that importance, of that
magnitude at half strength.
Mr. Plummer: Mr. Mayor, two years ago that department had twenty people
if I'm not mistaken. Was it three years ago?
Mayor Ferre: Not apples to apples.
(COMMENT INAUDIBLE)
Mr. Plummer; Mr. Mayor, two years or three years ago, I. will come back
and bring you the figu�:•es if you want, that department as I recall had
twenty people of which.
Mayor Ferre; Apples to apples.
Mr, Plummer Ok? And I'm glad to hear you talk this way because nobody
was concerned at that time when better than eighty percent of that
department tho most critical and I agree was CETA employees, CETA
vmployees,
Mr. Posmoeh; And that was at a point COMMiss oner, when CETA salaries
were considerably over seventy-five hundred dollars. when it was an
employment program and not.A training program.
Mr, Fl etc, But the Administration saga fit to hire People on a temporary
basis, CETA temporary, that the Administration put eighty percent of Chip
vet crftical department in CFTA empleyecs.
47 'JAI 1 11 51 1981
Mt. Fosmoen: The rules of CETA at that point were different, Commissioner.
Mayot Terre: Number one, you are not talking about apples to apples you
are talking about --let me finish, There are different rules of CM.
NuiJtbet two, the fact that somebody made a mistake three years ago has bdthing
to do with today, Numlier three, you are not talking about casually something
that we can or cannot do without. You know, it's something that we absolutely
have to have. Number four, we didn`t have twenty people in that department
two or three years ago. There is no way this City could have run two or
three years ago with twenty people doing Internal Audit, Budget Management
and Systems Analysis'. There is just no way that can... that a city of this
magnitude could run with twenty people doing those three functions. And
therefore, I move you sir, that we immediately unfreeze and on an emergency
basis go out and hire these fourteen people and the Assistant Finance
Director.
Mr. Lacasa: I second that, but I want to add something here that not only
applies to these fourteen positions that we are unfreezing on an emergency
basis now, but to the remaining positions that are being asked by the
Administration to be unfrozen and that is that priority consideration
should be given when?ver appropriate. In other words, whenever qualified
to people that have been laid off by the City. I believe that this is
the very least we can do for those that have been employed by the City
before so I want to make that part of ;the motion Mr. Mayor. I would likes
to make this part of the motion.
Mayor Ferre: fine, that's ok.
Mr. Lacasa: Ok.
Rev. Gibson: Alright,...
Mayor Ferre: .1. L., that didn't cause you any problems did it?
Rev. Gibson: Any further objections, call the roll, please.
ON ROLL CALL:
Mr. Plummer: I will not invoke the rule because It would be a delaying
tactic. I'm not going to delay another week on this particular portion
as offered by the Mayor. I will vote "no" on the motion, but I will not
invoke the rule.
The following; motion was introduced by Commissioner Ferre, who
moved its adoption:
MOTION NO. 81-21
A MOTION OF THE CITY COMMISSION TO APPROVE A REQUEST
MADE BY THE ADMINISTRATION TO "UN -FREEZE", ON AN
EMERGENCY BASIS, THE HIRING FREEZE PREVIOUSLY
IMPLEMENTED, TO PERMIT THE IMMEDIATE HIRING OF 14
CRITICAL POSITIONS IN THE DEPARTMENT OF MANAGEMENT
AND BUDGET, AND ONE OTHER POSITION OF ASSISTANT
FINANCE DIRECTOR IN THE FINANCE DEPARTMENT.
Upon being seconded by Commissioner Lacasa, the motion was passed
and adopted by the following vote:
AYES: Mr, Lacasa, Vice -Mayor Gibson and Mayor Ferre.
NOES: Mr. Plummer And Mr, Carollo.
ABSENT; None.
4
i
21, NAIVE REQVIRE�MENT FOR SEALED BIDS: GAS TURBINE 1IG1iTWEIGHT
1iODULt PUTIP SYSTEM FOR FIRE DtPARTMENT.
Mayor Ferrei One was Item 12, J. L.
Mr. Plummer: Speaking to what? The Chief?
Mayor Ferrer Yes.
Mr. Plummer: Yes, I was speaking Mr. Mayor, to the Fire Boat the cost of
the pumps: I wanted a full justification on that plus the personnel and
the other items were in relation to the fire stations which in my estimation
were not adequately done nor finished and in compliance with spending a
million dollars per station. —
Mayor Ferre: Ok, well., in the interest of time let me ask you this
Can you ask your questions and can we bring that to a vote today or you
want to hold it off until the 22nd?
Mr. Plummer: If he can bring the answers I'm ready to vote,
Mayor Ferre: Ok.
Mr, Plummer: At this time I'm ready to vote negatively. So it's a matter
of him convincing me to the contrary.
_ Mayor Ferre: Well, alright, the question is we had Item 11A which I _
think dealt... didn't it? No, no, not 11A. 11B. 11B. Did we vote
on llb, Mr. Clerk?
Mr. Plummer: 12 is one of them Maurice.
Mayor Ferre: 11B.
Chief Brice No, 12 was the aerial ladders.
Mayor Ferre: 12. Ok, go ahead Chief.
Chief Brice: Item 12 regarding the Fire Boat is a situation that we have
been investigating and doing some planning for about a year and a half.
We feel that it's probably the most innovative approach to Marine fire
protection that's been presented. So much so that N.A.S.A who assisted
us in this development has decided to go this route at Cape Canaveral
to provide fire protection up there. What it allows us to do primarily
is to put fire/varina protection in the City of Miami without any additional
personnel. There will be no dollar cost for personnel because we will
man it with our special tactics team out of station two because we are
going to put it on a amphibious vehicle which is both water and land
capabilities.
Mayor Ferre; What?
Chief Brice: We are going to use a lark which is a federal army vehicle
that we have been able to get for no cost. We have three of them valued
at about a million dollars a piece if they were: new.
Mayor Ferre; Ernie Fannotto was asking the justification and I think
it was a good question, as to how come we have salaries at four hundred
thousand dollars?
Mr. Plummer; Ok, he has answered that.
Chief Brice; There is no salary involved, The reason we went this way
tP Put a Fire boat in service, Just to purchase 4 Fire 13oaP �►►Q�3ld be
Vell. pver ,a million dollars, Then You wauld have to map it because You
49 JA !".I
9
couldn't use land based personnel because you mould hale to have a facility
on the wiatet. This allows us to horse this vehicle at Lire Station twtoi
utili2e a special tactics team as tnanning and be able to respond to
several points along the bay and launch it with the capability of three
thousand thirty-five hundred gallons a minute from the bay side: It alloys
us to draft taster in shallow water which is important in the bay whereas
a Fite Boat could only operate from deeper channels. So it was a..a we
see it as a cost saving approach, a very innovative approach, with to
additional personnel salaries which is the most important thing that we
need to look at
3
Mr. Plummer: Question. if we the Commission approve the Vise Boat...
3
Chief Brice: Have you approved it?
Mr. Plummer: Yes.
Chief Brice: This what.., we... only in concept in the master plan that
it was needed. We have been in developmental stages.
Mr. Plummer: But we have not approved the purchase or the negotiation
of a Fire Boat.
Chief Brice: That's what we are asking here. We,..
Mr. Plummer: No, it's not either. That's what one of my problems is.
Chief Brice: This is in the bond program.
Mr. Pl.tunmer: You are.asking me to buy the pumps and we haven't even bought
the boat.
Chief Brice: We have the boats. We have had them in place for a year.
We have been experimenting with this with N.A.S.A.
Mr. Plummer: Where are they?
Chief Brice: They are at the shop.
Mayor Ferro: How come Plummer doesn't know about it.
Mr. Plummer: That's exactly my question.
Chief Brice: Well, ok, we did a demonstration last March where we invited
the entire Commission at Marine Stadium...
Mr. Plummer: That was the Gables boat.
Chief. Brice: We used our boat that day and we put... they came down from
A.P.S.... Father Gibson was at that demonstration at Marine Stadium and
we took the pump, put it on the boat,manuevered it and find out that in
fact it was the most stable vehicle that they could find to use this and
that's why NASA has used this approached from building their own boat.
- Because when you are using thirty-five hundred gallons a minute, from a
vehicle in the water it's going to push it around. It doesn't even
budge this thing.
Mr. Plummer: Alright,
Chief Brice; And we have three of those vehicles from the U. S. Army.
Two of them we plan to maintain, one with a conventional pump eventually,
one with this pump and one is spare parts.
Mr, Plummer; Alright,
Chief Brice; And we have a contract with A,F,S, to maintain the pump,
M€. Plt ►er; Where and when is this,Commission; going to be able Lo she
the total cost factor of the operation of a Fite Boat?
Chief Brice The cost of this pump is the cost of the,., and plus three is
I
fifty-five thousand for plumbing which I think:.o it's not oh this
One it's next week. The total cost is three hundred thousand dollats
to put this vehicle in service. There will be no additional. persohnel,
We will be doing the work in conjunction with out personnel at the Fite
Bepattment shop and the'A.Y,S. people.
Mr. Fluatmer: ;ir, Mayor, I would pass this today with assurances that
the Chief..: there is no second reading is there? Itos a resolution,
Well, with the assurances that the Chief will provide to this Commission
prior to the next Commission meeting a document which shows the total
costs I)m speaking now of projected maintain) of projected repair, the
total cost of the operation of a Fire Boat,
Chief Brice: That's fine. I would encourage us to do it because we
would like to move on. —
Mayor Ferret Alright, Plummer moves Item 12 with those conditions as
he stated) Gibson seconds, further discussion on the Item? Call the
roll on Item 12 which had previously been deferred.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption'
RESOLUTION NO. 81-22
A RESOLUTION WAIVING THE REQUIREMENT FOR
FORMAL SEALED BID FOR FURNISHING A GAS
TURBINE LIGHTWEIGHT FIREFIGHTING MODULE
PUMP SYSTEM FOR THE: DEPARTMENT OF FIRE;
AUTHORIZING THE PURCHASE FROM AVIATION POtdER
SUPPLY, INC.', THE ONLY KNOWN SOURCE; AT A
TOTAL COST OF $268,540.00; ALLOCATING FUNDS
FROM THE 1.976 FIRE FIGHTING, FIRE PREVENTION,
AND RESCUE FACILITIES BOND FUND; AUTHORIZING
THE CITY MANAGER TO EXECUTE A CONTRACT FOR
THE PURCHASE OF THIS EQUIPMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Armando Lacasa
Vice -Mayor Theodore Gibson
Mayor Maurice A. Ferre
NOES: None.
28, DEFERRAL OF ACCEPTANCE OF BID ON MIAMI STADIUM -FIELD LIGHTING
Mayor Ferro: Alright, now, Mr. Manager? Mr. Jennings?
Mr, Fosmoen: Jennings.
Mayor Ferre; We got to break up In a moment because we got to sat and
then get on a bus and go to the celebration.
Mx, 3ennfngs Yes, sir, Mr, Mayor, I will be concise, What this amounts
to", this fs the item with regard to the new lights for the Baseball.
$tad vm, �M, I believe It is on your agenda,
►J�I� � � data
Mayot Fettei 25A?
Mir, Jennings! Yes, sit'; I believe so.
Mayor Vetite: Alright, Mr. Jennings,
Mr. Plummet: Basically my question Mr. Jennings, is you are proposing to
spend a hundred eighty thousand for lighting. That primarily is for the
purpose of baseball?
Mt. Jennings: That's correct, sir.
Mr. Plummer: Alright, sir. My question then has to be what is the total
amount of revenue of that stadium for one year operation?
Mr. Jennings: We are projecting for the coming year two...
Mr. Plummer: In baseball?
Mir. Jennings: From baseball alone?
Mr. Plummer: Yes.
Mr. Jennings: We are projecting total revenue for the stadium of two
hundred thirty-three thousand dollars for the coming year.
Mr. Plummer: No, for baseball,
Mr. Jennings: I'm sorry I don't have it... I didn't anticipate that
question.
Mr. Plummer: Mr. Jennings, what does the Orioles pay us per game a
hundred thirty two dollars? It doesn't even cover the cost of electricity.
— Mr. Jennings: Well, may I say something?
Mr. Plummer: No, would you answer my question. What does the Orioles
pay us per Same'.
Mr. Jennings: They are presently paying us ten percent of gross with a
a minimum guarantee of ten thousand dollars per year.
Mr. Plummer: Per year? Alright.
Mr. Jennings: That's correct. That the Miami Orioles, of course.
Mr. Plummer: Have they exceeded gross? Have they exceeded minimum?
Mr. Jennings: No.
Mr, Plummer: Ok. They also participate in the concession.
Mr. Jennings: Yes, sir they do.
Mr. Plummer: Ok, so they are making additional monies beyond that.
Mr. Jennings: Yes, sir.
Mr. Plummer: Alright. All I'm saying to you is where., you know, I
have no problem. I want baseball in this town, but doesn't it seem likely
that since this lighting for the sole purpose of baseball to bring it
up to this levol that some negatiatlons would be entered into the people
who are there to pay part of'this cast. All we are talking about is
relighting.
Mr. Jennings; Yes, sir, May 1 explain it Commissioner? What this amounts
to is we have a capital asset over there that sadly needs some attention,.,
Mr, Pl�=er; And if the Mayor, has his way he wants it torn down and
Wild a new one,
AA
Ott. Jenningst Well, that may be, But in the capital improvement progtaa
this year the City Commission authoriged the expenditure of four hundred
thousand dollars on the Baseball Stadium to correct these deficiencies,
There are three serious deficiencies. One is, of course; the lighting
and the othet is the toof and the other is the press box, Now, the reason
that we are coming to you at this time for the lighting in particular is
that we have had a study done of the amount of foot candles on the baseball
field at the stadium. The.,, a major league requirement for foot candles
is a hundred fifty foot candles in the in field and one hundred foot
candles in the out field.
Mayor Ferret Mr. Jennings, nobody is discussing any of that stuff. Nobody
is questioning whether or not you are right or wrong. I think what
Plumner's questioning is whether or not under the circumstaues of the
income whether or not it is justified to go spend a hundred eighty thousand
dollars when we have the situation that we have.
Mr. Plummer: And shouldn't the people who are the direct recipients pay
part of that cost?
Mayor Ferre: That's what he is saying. It has nothing to do with whether
or not you need the foot candles and all that.
Mr. Plummer: You know, I probably wouldn't have any problem going fifty.
Mr. Jennings: But there are two factors that you really need to know.
One is that our foot candles are twenty-four in the out field and thirty-four
in the in field which makes it dangerous for the baseball players, number
one. The second thing is that at the moment we have over there incadescent
lighting which is extremely inefficient from the point of view of electrical
cost. We are going to replace this with metal halide. Studies indicate
that you can save forty-five percent of your electrical bill just by converting
incadescent to metal halide. Our lighting bill over there is over forty
thousand dollars a year. This means that we can get intmediate savings
of about...
Mr. Plummer; Forty?
Mr. Jennings: Yes, sir. We can get immediate savings of about eighteen
thousand dollars a year by installing the metal halide lights.
Mr. Plummer: 6.'ho is... the primary user is the Orioles?
Mr. Jennings: It's the two Orioles. The Miami Orioles and the Baltimore
Orioles, of course,
Mr. Plummer; Ok, and what you are saying is that they pay. have never
exceeded minimum payment of ten thousand which means they...
Mr. Jennings: The Miami Orioles, that's right.
Mr. Plummer: Ok. The ten thousand a year and we are paying forty thousand
in electricity cost alone?
Mr, Jennings: Yes, sir that's for the year now. That's for all activities.
Mr. Fosmoen; All activities, Commissioner.
Mr, Plummer: No wonder the boating people are screaming fowl, that their
subsidy hap been cut out and plus the fact they get a piece of the concessions,
Mr, Jennings; That's correct, They are the concessionaire. We also get
a piece.
Mayneerxe.: Wk►at do you want to do Plummer so we can move on?
Mr, Plummer; Hey, Mr. Mayer, i would like to send it back to negotiation
to hQpefOly get the private poople who are our indirect..
Mayor "Terre Plummer, in the interest of time since the food is getting_
cold, thence is a motion on 75A that the tern be sent back for _further
negoti.ati.pxts by the Administration with the asers of the stadium for
9 IN,
initiation and conclusion hopefully of the negotiation, Seconded by
Gibsons further discussion, call the roll,
the following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION No. 81-23
A MOTION A NOTION TO DEFER AWARD OF BID FOR MIAMI x
q
STADILTM-FIELD LIGHTING, AND DIRECTING THE ADMINISTRATION
TO DISCUSS THIS MATTER WITH THE PRESENT USERS OF THE
STADIIiM PRIOR TO COMMISSION ACTION.
Upon being seconded by Commissioner Gibson, the motion was passed
and adopted by the following vote:
AYES: Mr, Plummer, Vice -Mayor Theodore Gibson and Mayor Ferre,
NOES: Done.
ABSENT: Mr. Carollo and Mr. Lacasa.
WHEREUPON thc! City Commission recessed at 11:50 and reconvened
at 2:45, with all members of the City Commission found to be present.
[:29.PLAQUES, PROCI.Ai?ATIONS AND SPECIAL ITEMS
1. ^roclamation declaring the week of January 12, 1981 as "Semana del
Banco Zaragozano en Miami" = Presented to Dn. Francisco de Bordon y
Escasany, Duke of Seville, Chairman 7 Chief Executive Officer of
Miami National Bank.
2. Key to the Ci -v _ to Dri. Francisco de Bordon y Escasany, Duke of Seville.
Dn. Moises Clavo Pardo, Chairman of Banco Zaragozano.
Dn. ,lose Bermejo Jalon, President of Banco Zaragozano.
3. Resolution proclaiming the week of January 15, 1981 "Dr. Martin Luther.
King, Jr. Weed: In Miami"
4. Proclamation declaring the week of January 9, 1981 "Dr. Martin Luther
King, Jr Brotherhood Award i%'eek" - Presented to the publisher of the
Miami Liberty News, Mr. Cecil Rolle.
5. Proclamation declaring January 17, 1981 "Orange Bowl Marathon Day" = Pre-
sented to Messrs. Bob Volski, Race Director, and Basil Honikman, Assistant
Race Director of the Marathon, and to Mr. Terry Spence, Dean of University
Relations at Florida International University.
6. Proclamation declaring January 10, 1981 "Latin Orange Festival Council Day".
Presented to Capt. William Alexander, Chairman of the Council, and Mrs.
Celia Touzet, Chairperson of the 1981 Gala,
7. Commendation to Lhe firm of Aouterse, Perez b Fabregas, Architects for
winning the 1980 Award of Honor in Architecture = Presented to Mr. David
Perez on behalf of the firm.
30, MAYOR XINOuNCES GRA11TS FROi H.U.D. FOR RIOT DAMAGED BUSINESS
AND AID FOR CUBAIN AND HAITIAN REFUGEES.
Mayor Ferret. At this time it's my pleasure ladies and gentlemen to make
an announcement for which we have called a 2:30 press conference and I
apologize again for the delay, The City of Miami is pleased to announce
the award of two federal grants today from the Department of -Housing and
Urban Development. The grants provided from the Secretary's discretionary
funds for fiscal 81 include one million one hundred sixty thousand dollars
for business development assistance in minority contractor bonding for
the areas of the City of Miami that were affected in the May 16th civil
disturbances. And a million dollars for acquisition or rehabilitation
of emergency housing and interim assistance for Cuban and Haitian refugees.
-
The first grant of a million one sixty provide insurance subsidies in
business development assistance limited to those businesses_ that are located
in the riot area and were affected by the riots or new businesses located
in the riot area to replace those businesses not planning to remain. Further
funds will be used to assistant in minority contractor bonding and the
establishment of a revolving loan fund that will be run through in our
profit development corporation based on the riot affected area. The intent
will be to insure assistance and target it to Black minority contractors _
and match with E.D.A. Title II Funds. The Cuban and the Haitian influx
activities grant of a million dollars will permit the city to acquire and
identify vacant, multi -family structure and rehabilitate it into dormitory
type housing with congregate eating, cooking and bath facilities that would
be used for emergency housing for over twelve hundred refugees within one
year. This is the type of request of funding that we have been asking from
the federal government and I -think it's important to recognize that we are
receiving these types of grants at this time.
NOTE FOR RECORD: AGENDA ITEMS 2 & 3 WERE TEMPORARILY DEFERRED'.
31. PERSONAL APPEARANCE: MR. SKIP SHEPPARD AND MR. O'DANIEL
REGARDING VISIBLE POLICE OFFICERS IN DOWNTOWN AREA
Mayor Ferre: Ok, go ahead, Skip.
Mr. Skip Sheppard: Mr, Mayor and members of the City Commission, thank you
for allowing us to come here. My name is J. Skip Sheppard, Dupont Plaza
Hotel representing the Greater Miami Hotel Association, I'm here this
afternoon, to thank the City Commission for giving us the many visible patrolmen
in the Downtown area, We understand that the City Police are going to
graduate about twenty-five recruits within the next,.. every month from
now on and they are going to give us some more visible patrolmen in the
Downtown area which is the target area as far as we are concerned, I'm
here to thank you and also to let you know that this is not the end, We
need more and we need your cooperation in the future and 1 also have the
young man here, the Director of the Omni Hotel, Pat O'Daniel who
wants gust about one minute of your time. Thank you, very much.
Mayor Ferre: Alright, Mr, O'Daniei,
In
Mir* Otbaniel! Again; I wailt: to follow Mr. Sheppard in voice and indicate
out appreciation for the additional police support, especially ;the State
patrolmen representing the Downtown Hotels. We are delighted to participate
and will do so in anyway we can. .lust quickly, I think we have a lot mote
work to do in this area in terms of one of the leading convention hotels
in Miami and with several more on the drawing board we have a serious
T
perception problem in Miami and it's getting harder and harder to attract"
your major conventions. Not only in Miami, but also Miami Beach and I would
Just like to say that we are developing some of our committees on our
own to try to neutralize the negative perceptions that we have developed
as a result of the publication of the crime in this area and we stand
ready to do anything we can in conjunction and concert with -the City and
the County to change this perception that our area has unfortunately
inherited. Thank you.
Mayor Ferret Mr. Zilber?
Mr. Zilber: Mr. Corutissioner,' Mr. Mayor and Commissioners, speaking for
the Tourist Development Council members who were at the meeting with the
Downtown Hotel Association. We have come to the City asking that the
City sit down with the County and possibly put together a joint task force
of police officers, both City and County to be visibly seen through the
Downtown area. One of the problems we are getting from our ads up North
and from responses back from the people in the travel industry up North
is, is it safe to come to Miami? We are afraid to come there. We
have got to try to show the rest of the Country and the rest of the World
that this is the greatest place in the world to live and the greatest place
in the world to come to. And we would like to sit down with the City of
Miami and the T.D.C. and the County and possibly have a joint task force
of both uniformed officers in the Downtown area.
Mayor Ferre: Alright, and I think we will do that... Mr. Manager, if you
would pursue that.
Mr. Fosmoen: Yes, sir.
Mayor Ferre: I think I'm sure I speak for the Commission that that's...
Mr. Plummer: Mr. Mayor, let me bring to Zilber and Skip and the other
gentleman from the Omni. I hope that you will take this same enthusiasm
because it is my information that possibly at our meeting next week or the
following meeting we will finally after seventeen months have an approval
for the process of creating special taxing districts and that really says
if you want something beyond the norm and are willing to pay for it we
will provide it. We are going to have that within the City of Miami. _I
hope that you will take that same enthusiasm to see that, that multiple
taxing district is successful when it goes to ballot. Because it will
give you that opportunity, If you want a hundred policemen and you are
willing to pay for it that's ,your answer.
. Mayor Ferre: Alright, thank you, very much.
32, PUBLIC fIEARING: DEVELOPMENT ORDERS FOR SOUTHEAST BANK
I,1IAMI CENTER II
LONG PuttlC biscusslON AND TEIQPORARYILY DEFERRED
■
Mayor Ferre! Alright, Mr: Reid, now I think we can proceed
M, Reid, Mr, Mayor, before getting into the presentation I would like
to just mention for the record that this staff did benefit in terms of
their-== the City staff-_- ftow a very good analytical report prepared
by the South Florida Regional Plarning Council staff that Jo* McManus
and my staff did a tremendous job working on our side on ehe de,�cl.opment _
order. The DDA has done a commendable job on the model to--- under
Roy Kenziels leadership--- to illustrate the pedestrian issues and George
Campbell in Public Works has worked for a... long and.;:ard on he
tratisporteticn plan and I think that should be recognized up front. In
terns of a project description very briefly and we reviewed this yesterday,
so I won't go into great detail, but we are talking about two major projects
here. One proposed by Southeast Bank on this block which includes a
total building area of one million two hundred forty-four thousand square
feet.- In the office tower fifty-five stories. A park open space area
of roughly thirty thousand square and a bank annex garage which includes
a banking lobby, some retail, a health club and parking for one thousand
one hundred fifty cars. The development on the other three blocks being..
for which approval is being sought by the Hollywell Corporation consist
of two officer towers. One in excess of 1.5 million square feet in this
position and sixty-four stories high. A second forty-seven stories Kish
and nine hundred eighty-four thousand square feet in bulk. A retail
podium between them with fifty-eight thousand square feet at the plaza
level and a major shopping area with department stores, two hundred fifty _
thousand square feet of retail and above that a multi -level parking structure
accommodating four thousand cars. So the total of this development u
Mr. Fosmoen indicated is enormous in excess of four million two hundred
fifty thousand square feet. Supporting the development I think is important
because accessibility and mobility is the major issue here. Three
transportation improvements for vehicles and people and a pedestrian system.
The three major improvements of the people mover the station would be
roughly here. The bifurcated highway system which would eliminate
many of the traffic conflicts particularly in the Brickell to Biscayne
movement and in conjunction with that ramps that take people directly into
the Holywell garage and off the major street system and improvements to
the surface streets. Now, let's.,. I wanted to go right into the development
order and go through the major issues with you. You have been provided a
copy of the development order and I'm going to skip over those things that
I think are non -controversial and get right to the major items. Starting
with the Southeast Bank Development Order. Items one thru eight as we
understand them there is no controversy and we are recommending them.
Item #9A and 9B need explanation. First we are saying in conjunction
with the Southeast bank application that they should redesign their
truck service area. There is a possibility that the truck service area
as it is presently configured could obstruct traffic on Southeast 3rd
Street and we have put into the development order that this shall be
redesigned so traffic is not obstructed.
Mayor Ferre; Mr. Reid, in the interest of time I would recommend that
those things... ghat there is agreement on all. parties. Now, I assume
there Is agreement on that. Is that correct?
Mr, Reid; There Is a.., there may he disagreement on this particular
one -I
Mayor Ferre; Ole, I beg your pardon. I thought that had all been agreed
upon. Is there anyb dy who dl.sagr,ees with that from either Southeast or
HPIIywell? Are there .any disagreements with item 9? Therefore, Mr.
Reid Che Chair instrpcts you just to discuss those Items where there are
diSegreements that you are aware saf,
Mr. Reid' Well, there are... l'ni trying to follow that directive
and that's why I skipped over the first eight items. It should be pointed
out that dealing with this problem is tied to the granting of zoning
variances. If it's not dealt with it's not our intention to recommend
the zoning variances. Also there is a concern the State has expressed
regarding a proposed garage exit on Southeast 2nd Street and the State is
suggesting that it may be desirable to have a deceleration land in 1
conjunction with that garage and also to preclude traffic exiting from
that point. So we are suggesting to deal with that problem, that a report
be prepared in thirty days and e1raluated by us in terms of how it deals
with that issue and we have asked the State for feedback. So that gets
us through #9 with respect to the truck base and the. garage." 4110 is
really probably the primary issue to be discussed and it: relates to the
pedestrian system and plaza that's been talked about. Basich lly, I
mentioned the three traffic improvements that are needed to bifurcate a
system surface streets in the D.P.M. It is felt by staff that a fourth
Improvement is absolutely necessary with respect to this development and
basically what we are talki.n6 about in terms of that improvement is
mandatory pedestrian connections between the major buildings within the
Dupont Plaza area and minimum and perferred levels of a pedestrian plaza
that will provide additional amenities to the area and the reason we are
suggesting this is to provide access to the DPM to minimize the conflict
between vehicles and people on the streets to reinforce the land uses
so that people can go from the hotel that is being built in Miami Center
I to our convention center with a minimum of interference from traffic
so that they can go froir tile... both office towers to the shopping. So
that they can go from the Gould Project and the Southeast Project to the
restaurants that will be located on the Bay in the hotel in Miami Center
to really tie this project together in terms of reinforcing the land uses
and from a design poirit of view to create in the form of the plaza,
pedestrian plaza a major urban amenity in terms of open space even though
it is elevated open space. So we are recommending strongly the second
level pedestrian system. And in that regard there are a lot of issues
to be resolved. vie co!"Lmend the applicants because in terms of the highway
system that has been suggested here the applicants work with the public
agencies and worked among, themselves and came to grip through the highway
issue and are supporting the plan and the implementation of the highway
program. On the pedestrian side, frankly, it's our judgement that not
enough time has been spent in terms of resolving this important issue and
there are issues of accessibility. Where is the best locations for the
pedestrian system? Of financing public and private has been talked about.
Whether it's all financed privately or some public money is necessary or
whether it should be jointly financed. There is issues of design and construction.
If a system abut a... the Southeast building is proper air and light provided.
If it's over the street is there proper ventilation. That kind of thing.
Codes and signing and lighting, security. There is issues of ownership
and management. Legal issues to be resolved. Who oums it and who manages
it. It cost 'about a hundred fifty dollars per square foot per year to
maintain one of these areas, And who is going to pay for that? There is
issues of security and safety. Who is liable. Again, additional policemen
will be required in terms of patrolling this kind of a system. The point
is that this is an important element in the project that needs more work
in terms of how it's going to be carried out. And we do feel that in
that connection we want to review what's in the development order. First
under 10A it's suggested that both applicants working with the City and
the DDA if possible come back with a plan in thirty days to resolve these
issues. If it can be done quickly by the applicants and their consultants
we would like to come back and have the ... `an approved plan within thirty
days. If that is not possible we believe a second approach is desirable.
So both are shown in the development order. If a plan is not prepared
and agreed to or prepared for approval with the thirty days we feel that
the Southeast as an applicant should fund a second level pedestrian
study which gets to these issues. That they should design and pay for
and I will point this out, design and pay for escalators which would
connect their open space area to the DPM. That they should design a.,,
and also they should pay for a platform going.,,
N4yor Ferrer Excuse Me, Mr, Reid. There is a tremendous amount: of
talking back there, If you want to talk please go outside, Alright,
proceed, Mr. Reid,
Mt. Reid'. The Southeast should design and pay for escalator � c ,nnecting
their plaza area to the DPM System. They should pay for a plaza extending
from their park to the center of the DPM platform and they should pay
for escalators and a portion of a plaza abutting the building on this side
which would connect into a pedestrian walkway. So we arc mandating, to
them three elements in this system if the plan cannot be agreed upon within
thirty days. It's kind of early warning. We are also suggesting that if
the State of Florida says that they cannot exit from this garage that an
Additional pedestrian bridge is needed at this point in terns of crossing
Southeast 2nd Street. We suggest that as optional a pedestrian bridge
between the existing; Southeast facility that they are housed in and their
park which would provide again, another connection to the DPM, So in terms
of the approach to the pedestrian system. Number one, we are asking the
applicants to get together and prepare a plan within thirty 'days. That they
and the City and the DDA can agree to and if that doesn't happen we are
suggesting the funding of a consultant study, a experts... 9-third party
if ►ou will that would be brought in and that we feel that these mandatory
connections that are suggested here should be paid for by Southeast. This
connection and this connection here and this plaza area and other options
should be considered as the system is further developed. That basically
covers Section 10A and of course, we intend to evaluate this plan and work
with the Dade County and the Council staff and the DDA in terms of meeting
our requirements. We are suggesting that the dollar amount in this plan
be up from the figure of sixty-two thousand five hundred to seventy-eight
one forty. Anc what we have done in the dollar figure is suggested in
our application is take dollar levels that the applicants have agreed to
when they testified before_ the South Florida Planning Commission and have
allocated them for different purposes. But we are not putting on the
applicants at this point anything more in dollar terms than they have
agreed to before the South Florida Regional Planning Council. The next
map is conceptual as is this map. It needs to be defined in terms of
detailed engineering drawings. And we have also in the development order
on a point and the last point precluded for future pedestrian sitnalization
at this point between these two buildings. We feel that in terms of the
traffic levels that are expected to move from this area if we are also
going to support development in other parts of Downtown we cannot be faced
with at a later paint in time the request for pedestrian signal here ghat
would have Dou-ntown with respect to peak hour traffic and as we are being
faced with a similar request now between the existing Southeast building
and One Biscayne. We want to put right up front that the emphasis here
is on the second level pedestrian system. We suggested then in Item 11A
a schedule for producing the pedestrian plan in terms of the detailed
design and in terms of our final approval and that basically... those
sections carry out the pedestrian plan requirements. Under Item 13 is
non -controversial I believe. We have been asked to dedicate the rights
of way needed for the street improvements and the second level pedestrian
improvements. 14A as in our development order we suggest it be eliminated
because we feel that the State can pay for those improvements and we have
added this fifteen thousand dollars in cost to the cost of the pedestrian
study. I would like to talk about 14B for a minute because it's an
important point and it was in the... it's an item discussed in the paper
this morning. The South Florida Regional Planning Council development
order suggested that the applicants should pay for the design of the
surface streets and the bifurcated ramps and that was done on the assumption
that the State of Florida would not be able to complete these designs in a
timely manner. I had a conversation with the State of Florida this
afternoon or this morning with their official in our regional office,
Armando Vidal and I want to put this on the record. Number one, they have
the money in the budget for the State to do this design. They do not have
to seek money, Money is in the budget for the State to do this job, Number
two, they have already put out an R.F.P. and consultants have not
responded in terms of doing the design work. Number three, the area office
has aL-eady recocmnended a short list of consultants to Tallahassee and they
expect to receive authorization in two or three weeks to negotiation with
three names on that short list so that it is possible within two to three
weeks for the area office to have the go ahead in terms of consultant
negotiation, Now, the way the State operates this can take any where from
three to nine months just,.. getting a consultant going to work, We think
that we should expect in a project of this magnitude an accelerated time
table and that three months is reasonable to simply negotiate out with
the Consultant the terms of What they are proposing to do. This is the
same process that John Dyer accomplished with the people mover on a ninety
Mi 110n dollar contract in six weeks, So that one....
W.-
Uayot Ferre: Jir:: I woulci 'like to i sk t•:al ter Revel Later f lie. concurs
with the reasonahleniF... ` of that. t>tatement. Before I forget I ;just want to
stake that into they record.
Mr, Reid: The otitcr lwent So we feel that the letter to proceed can
be accomplished in throe m nnths. Tlie other... and it was done within
six weeks on the Mi.amJ Averts.;[, 1:ridv.e sign. The otherm.
time eleCnt is the
actual design of the im,>rove-menu. he State's Lime for design
improvements goes frcnis twelve t,% twenty -tour months. A;;itt, we are expecting
that the State should complete t1tfs design in an accelerated nanner in
twelve months. So what we are really te lking about in terms of the
difference between our approach and ::he South Florida's approach, the
Regional Planning Commission as the State should or) what it has the money
and the responsibility to do and that's carry out the design of these
road way improvements In a t irie.:ly manner. And we have under lob would
want to really nmend this to really expect assurances from the State
from the Secretary's levc_1 it: necessary, that the s.:,iection of consultants
in the design of this will be done in fifteen months rather than one year
as is indicated on the ilcvelopment order. The... on Item is l don't think
there is any probl.ii:;. 1t.e:m l.C: is the beeinni.ng o dealing with a third...with another major i ;i_ c_: aria that is assum ng that` these imprzovements,
road improvements and c r F t .iprovements are designed in a t iriely manner
how are we going to p-,ti .t r. Oieut. There have been representation before
the County Commisyion and the City Administration is interested in discussing
with this Co=mi lion the s.=1es tax issue before. the Florida State legislature
because at the current tiic.c the Fl.crida Department of transportation does
not even have fn phis ::ivt� year program the funding of the Miami Avenue
bridge and the; have cl is s;;ed and than the County in their analysis has
corobrated the fart t4,at rn ;fdd.itional tax reaource for transportation in
this State, in Lhis Count,, i-s absolutely mandatory and assuming that, that
can take pl>Iace c.)vE°r the next couple of years it could he and should be used
in a priority r-iannei to fund the Miami Avenu(v bridge anti tho bifurcated
system that's suggested l-i+rc. But let's assure the worst case. Assume
that, that doesn't liappcn `,,'hat we are suggesting is an obligation tc,
the City is to look at thc options in terms of funding,. If the State
doesn't come 'a.•: t.it money should we and can we use tax increment
financing if the hill is :rr-,funded. Can we and should we create special
benefit district; and ;e forth. So we have an obligation under this
development order to look at the options and we also have an obligation
in the development Order as it is written that if the State dollars do not
come forth and 1 have again an amended section here that the City and the
County borrow money from the- applicants and we have mandated to the applicants
that they have to provide thin money under reasonable terms, borrow money
to complete the fourteen point. six million dollars in road improvements.
So the preferred position is to get the money from the State. The second
position is to evaluate our options and the third is a last resort position
if all else fails is for the City and County to share funding, or to
reach an arrangement as we have done with the State under the Omni development
where the money is loaned to the State and the State picks up the obligation.
In the case of Ch+:ni almost eight hundred thousand dollars was loaned and
paid back by the State over a five year period. But the point of it is
the issues of financing tii,:•.-e roadways have to be addressed when we talk
about this tremendous level of developments here. And that's, I think,
is the remainder of tilt controversial issues in the Southeast order as I
understand them and l be glad to comment further if there are other matters
that surfaced during the testimony, Quickly on the Miami Center order
because there are... T call go through it much more quickly because some
of the issue are repetitive. Again, Items 1 thru S we don't anticipate any
concern or question. Item 9A has the same truck service area requirement
and we want. a little Technical amendment to tie it to zoning approv,l.
The pedestrian plan items are repeated with the exception that the obligations
the Hollywell Corporation are dii'ferent than suggested to Southeast Bank,
For example, t)ie- main obligation results in the construction in addition
to the minimum pedestrian plaza shown here is a pedestrian plaza going
from the Southeast... the edge of the Southeast development,., excuse me,
from the edge of t1w Southeast dE:>felopment to the Holly *ell Corporation
development office tower, So that this section of the pedestrian plaza
would be constructed under the first:.„ the paragraph beginning in
conjunction with the development of the Southeast block, At the bottom of
that paragraph,.,
t4ayor Fer.re: Would you repeat that, please.
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11
Mr Reid: 'des, Section 10A0 the third paragraph mandates the
construction of this light green section of the pedestrian plaza to the
Hollywell Corporation. Section..i further in that section you if both
Hollywell and Dupont Plaza Hotel agree we think a pedestrian connection
here Would be useful, that's an optional connection, We have asked the
Hol.lywell Corporation to consider an alternative location for their
pedestrian connection across Biscayne Boulevard. At the present time
in the development order the connection comes out of: their building at
this point and skirts the Southeast building and is made here to the
plaza that Southeast is constructing in conjunction with the DPM station.
in collaberation with DDA we have asked them to come out the building here
If they possibly can and 'make a direct connection right there which ties
in better in an urban design way with the development. an the record the
other night Mr. Gould said that, that connection was not possible because
of the stage of development that he is in. The.,. in terms of the Southwest
block to consider in conjunction with the City a pedestrian connection
between that block and the Convention Center so that it conflict in terms
of getting across the streets in access of the Convention Center is
enhanced and Convention Center users can then get into the shopping and
so forth and can reinforce that use across the street.
Mr. Plummer: Is that agreed upon?
Mr. Reid: That is I believe agreeduponby the applicant, yes. How the
City's portion would be funded is an open question in the development order.
And there has been some discussion with the City's architects regarding the
feasibility of doing itand it is deemed at this point whether a further
investigation can be accormodated. Then the final thing is pedestrian
connections, a pedestrian plaza across 3rd Avenue and those are the differences
between the l,ollywell.and the Southeast pedestrian requirements with the...
again, the addition that we have added sixty-two thousand five hundred
sixty dollars into the Hollywell obligation because they are now relieved
of sharing in the local street design, The 11A and 11B are the same. 12A
and 12B are: the same as the other development order. 13 is the same.
14A has been eliminated and with the assumption that the State is going
to pay for these... the design of the local streets. And again, the
_same caveat of fifteen months in terms of the State performing this task
in accelerated manner. 15A there is no controversy as we understand it.
And 16 no controversy. Again, 17 is the same as in the Southeast development
order. We shall study funding options. And 18 really is the same. You
will look first to the State in terms of reimbursement agreements and then
if that's not possible to look to the City and the County. In terms of
net fiscal impact to the jurisdictions... the net fiscal impact to the
City is about three point one million dollars per year. That means after
the services that are provided to these developments are paid for that there
is three million additional dollars in our coffers in 1980 revenues. And
the fiscal impact to the County is about one point six millijn dollars a
year, So that we are deriving in fiscal terms sixty-two percent of the
benefit from this project and the County is deriving thirty-eight percent.
And as a minimum that should be their share in the roadway network if they
have to pay for it, And I would say that this pedestrian plan is conceptual
at this point and it also includes a screen, screening off the Southeast
plaza from the Gould truck bay area which was another urban design
consideration. The Southeast plaza would as it is now situated would
face right into the Gould truck area and we felt it was inappropriate
to require screening of that design element. But I have tried to lay out
the major issues with respect to pedestrianization and roa'way funding and
urban design.
Mayor. Ferre: Alright, before we get into questi.ons.,.
Mr. Plummer.: I just really would like ,:o ask Mr, Reid to continue and
to expand upon that which he said you had talked about yesterday at the
workshop and that is that this which is before us today is in no way
final authority of this Commission; to proceod. Mr. Reid, would you
elaborate on that for me because it's my understanding that this is just
ope more step in the process and that there is an awful lot of steps
yet to go including coming back a couple of times to this Commission for
approval,
Mr, Reid; I would like to clarify that on the record, Commissioner Plummer,
First the Commission has thirty days to act on this development order
I)AN I � �
n
to there is the opportunity for additional deliberation on the developmefit
otdet. As I and I would defer the counsel, but as I dead the statute
act means Approve or reject and a decision has to be made One way o
another. It can't be deferred beyond that period. The other point is
that there are other public approvals required of this development, There
must be a height variance. There must be a variance in terms of both
developeits. A variance with respect to the number of truck base and there
must be a conditional use permit with respect to parking, I would like
to say Commissioner Plummer, that those come to the Commission if the
decision of the Zoning Board is appealed, So on those particular issues
the Zoning Board,
Mayor Ferret Wait a minute. Those come to the Commission only if the
decision of the Zoning Board is appealed, So if. the Zoning Board makes
a decision Mr. Plummer, without our consent unless there is an appeal we
will not be voting on that particular issue, 1 just want to make sure
we understand.
Mr, Plummer: Mr, Mayor, you know, I will go back to... Mr. Knox, it's
my understanding that Mr. Reid has told us... everything he has told us
is correct, but he hasn't told us all, As I recall when we wrote those
ordinances at any time a member of the Commission could request that those
matters be heard at the Cotmission_level regardless of the action of the
Zoning Board. Am I correct?
Mayor Ferre: 7"hat's a crucial point, J. L.
Mr. Knox: Alright, Let me check it. It's my recollection that appeals
can be taken by the City on these matters.
Mayor Ferrer That's a crucial point, because otherwise, in effect, J. L.
we could be voting on this for the last time and I think it's important
that we all understand exactly what law says.
Mr. Plummer: It was my understanding Mr. Mayor, when we wrote those
ordinances that at no time would we ever preclude the Commission's right
of final authority.
Mayor Ferre: Yes, but you know that a lot of times what we say on this
Commission ends up chiseled into stone into the City Charter or in an
ordinance isn't always the same.
Mr. Plummer: Unfortunately, you are right.
Mr. Knox: Section 62-62 of the Code of the City of Miami provides among
other things that where the City Commission itself may initiate request
for review such request shall be initiated only by duly adopted resolution
of the Commission:
Mr. Plummer: Three out of five. Yes, well, ok, sure. Any action of this
Commission.
Mayor Ferre: Well, I would like to recommend.,. no, because I think this
is a crucial point that you brought out and I heard you yesterday and
I know what your misgivings are and this is now in deference to what you
said yesterday. I think it is essential that today assuming and I'm just
making an assumption that we are going to vote for both of these orders
that we before that I would like to put to a test a vote that this Commission
at this time mandate that those zoning matters of variance of height do
come before the Commission and get those three vote ahead aright now.
Mr. Plummer: Excuse me, all three variances.
Mayor Ferret -What I'm saying is that all three come before this Commission
J. L,, and that we,.,
Mr, Plummer: You said only the height,
Mayor Ferre; No, no, to all three of the variances requested come before -
this CQAPi:ssion and that we vote on that as fjr,$t, you foil4w mg? 69
that it's a matter of )record that, th4t4a going to happen no mattgr how
We 'Vote otherwise bete:
Mir. Piumiter. Wo to at such time Mt. Mayot, it is in order I am surely
going to move such a motion,
Mayor V ette: And I'm telling you that I'm going to recognize that as the
first order of business when we conclude all the discussions here* ok?
Now, anything else that you have to say Mt. Reid?
Mt, Reid: No, Mr, Mayor.
Mayor Ferre: Alright, now before we get into questions and:.answers from
members of the Commission l Mould like to extend the courtesy and before
we get to the applicants to the other governmental agencies=that are
present that may want to speak on these particular issues. -I know for a
fact that Barry Peterson wanted to be heard. I know that Roy Kenzie
wishes to be heard. So Roy, I don't... Is Barry here? Did he stay?
I'm talking about people now.., governmental. agencies. Alright, if you
would both step forward Mt. Peterson, Mr. Kenzie. I don't care which
one of you wishes to speak first. Is there anybody here from the State
or from the County that wishes to address the Commission on any issue
on Items 2 or 3?
Mr, Plummer: Mr. Mayor, may 1 inquire sir, even though you and I_had a
difference of opinion yesterday as to the importance of the letter which
was addressed to you and copied to us by Mr. Gould claiming ownship of
the streets. Who is going to respond to that because even though you don't
feel it's important I think it is critical.
Mayor Ferrer No, no, no, I didn't day it wasn't important. I said it was...
Mr. Plummer: You said it was secondary.
Mayor Ferre: I said it was a secondary issue and I... the Chair again,
reiterates that he will extend... that I will extend a courtesy first to
the DDA and then to Mr. Peterson of South Florida and then we will get
into questions and answers and I will recognize you at that time for that
question. Alright, Mr. Kenzie?
1 14
-16
Mt, Roy Kenzie: For the record, my name is Roy Kenzie, Executive Directot
of Downtown Development Authority. I'm speaking here today for the staff
of the Downtown Development Authority because the issues we're talking
about have not been brought, except for preliminary discussion, before the
Board. But as staff, we concur with the findings of the Miami Planning
Department in their rewriting of the development order for Southeast
Bank and Miami Center. And similarly emphasize to the Commission the need
for the 2 parties to work together to resolve the issues involved in the
creation of a second level pedestrian plaza as it exists, or codld exist
between the 2 structures, and urge that the 2 parties work together in the
next few weeks to resolve the issues of that plaza, to move beyond the
mandated portion which revolves around tlAe people mover station to a broader
plaza which would link the 2 structures together. The Plaza which Mr. Reid
emphasized as the recommended system front the City side.
Mayor Ferre: All right, thank you. Mr. Peterson.
Mr. Barry Petersen: Mr. Mayor, members of the City Commission, my name
is Barry Peterson. I'm Executive Director for the South Florida Regional
Planning Council. We've worked on this project fora long tille and it
invovled your staff I think fairly heavily.
Mayor Ferre: I can't hear you, Mr. Peterson.
Mr. Peterson: I said we've worked on this project for a very long time
now, about 8 months in all, from the very preliminary meetings on it. I'd
like to correct one impression that. I think Jim left with you and that
is that you have more bites at this project as a City Commission later.
Father Gibson: I didn't hear that.
Mr. Peterson: You don't really have quite as much of a bite on this
project in the future as Jim implied. Let me tell you why. That is because
under the local plan and its implementing ordinances. So basically whatever the
of regional impact in its associated orders and plan take precedence over
your local and its implementing ordinances. So basically whatever the
applicant has proposed specifically here, for example, the height of the
buildings, their footprint, the various details of them. If you approve
those today, you approve those for all time. You cannot go back and take
another bite at the height if you issue a development order without reserving
that right.
Mayor Ferre: Well now Mr. Peterson, excuse me. But now we're reaching
a major cross -road...
Mr. Peterson: I know you are.
Mayor Ferre: Excuse me. And we, this morning, or yesterday at the workshop
kind of told the Manager and the City Attorney to get ready for a law
suit possibly with Metropolitan Dade County on a similar philosophy as
to whose authority is breached and you who has what authority. Obviously
it's not the same but there is a similarity. And the similarity is
that, you see, Plummer's concern is that this is from his viewpoint, is what
he said yesterday, this is the first time this Commission has deliberated
on this issue. All right? Now, on the other hand, I'm sure we're going to
hear from the applicants that they must get going with this project, or
these projects. I.'m sorry. Now, the question, they're also going to be
people here who are going to say, are going to tell us that we should
further deliberate, further study and come to a conclusion after there
has been some.agreement between the Hollywell Corporation and Southeast.
Okay? Now, I think that one of the potential answers to that which was
my point to my colleague Plummer. He says, and I think I was concurring with
them that we have other opportunities in the future and that if we go
on record and tell the developers that you still have to go through
a Boning variance process with regards to 3 variances, that this Commission
will have the right at that time to either approve or deny. Now
you turn are saying that's got nothing to do with the footprint, I
vf
64 se,P'1
Mayo Vette (continued): understand, Because the variance of height
- has nothing to do with the footprint. But from a practical point of view]
if we tell Southeastthatthey cannot go more than 300 feet] or tell
Hollywell that they cannot go more than 300 feet, obviously it will have
an impact on the footprint. So the question, therefore is, to the
City Attotney; from a legal point of view, you've heard Mr. Peterson's
statement, or Mr. Peterson§ maybe you want to add to it.
Mrs Peterson: Can I make it more clearly.
Mayor ferret Sure.
Mr. Peterson: That is unless in this development order you reserve
specifically and explicitly questions like that, the applicant will have
vested rights to proceed with the development as proposed and described
to you.
Mayor Ferret I assume that whatever we vote on here, depending on what
the will of the majority of 3 more Commissioners on this Board are, that
that will be included in that motion.
Mr. Peterson: I would hope so. And I think you need to take some more
bites at it, in fact.
Mayor Ferre: Okay.
Mr. Peterson: Could I continue. 1 think the essence of what I was going
to recommend to you is that you due in fact continue this hearing for a
week or 2. There are still a number of things that are not worked out,
I don't believe. This is, in fact, I think as your Manager said, the biggest
project that you'll probably ever act on. It is also probably the most
significant you're ever going to act on. This development and Miami
Center I,I think commit Miami, downtown Miami to be like downtown Chicago,
downtown New York. That will be an irretrievable decision once it's made.
It will totally change the character of downtown Miami. so that's a real
heavy decision that needs to be made with a great deal of deliberation
I think. There are 2 other points I want to make, 2 other arguments I want
to make to you. One of those is that we have tried to proceed as
rapidly as we possibly could with these 2 DRI's. Not hold them up. The
result is we have at this time, less than a complete concept plan, in my
judgment. If I were going to be rigid and technical about it, we would
not be here today. I would have held up this project until this planning
were completed. We didn't do that, we provided mechanisms in our
recommendation to you to get closure on some of these transportation
improvements, both for vehicles and pedestrians. Both of which are
essential. Jim told you some of the things that need to be revised about
the Southeast proposal, some of the additional work that needs to be done
on the Hollywell proposal. So from our perspective, the planning is not
yet done. Ordinarily, in the ordinary case of events, it would be done
and we wouldn't be involved in it any further as a participant. But
we specifically recommended to you that you include us as a participant.
. The council argued that point very specifically at their meeting, and in
fact, their recommendation to you was for continuing South Florida
Regional Planning Council participation in bringing this concept plan
to completion, That I think is important. The other issue is closure
mechanisms on these processees. One of the things where there is still
I think a substantial difference of opinion between.your staff and the council
is the need to have backups to bring this transportation system, the access
improvements particularly into being, Well, for example, the order that's
being proposed has language that says request a letter from the Secretary
of Transportation that he is going to do things, That has no closure to it,
He can (a), decline to produce such a letter, he can (b), produce such a
letter and later discover that he cannot simply perform as he indicated in
that letter, So, the order. that we had suggested to you includes provision
for private sector, County and City follow-up to close that cycle, We're
also uncomfortable with the proposal that your staff is making in terms
of the planning. Our conversation with Florida p4T people is that they
have money now but they are not sure that they can p4pcute a contract by
the end pf Jupe, at which time the money would lapse, Aut evgn. if they
14t, Petersont (continued): do sign a contract by that time, there is the
tine span, 12 to 14 months for the design works there is approximately
a year and a half in their schedule for acquisition of rights of wayt even
If it's donated. So we're getting out into a time period that is after
these buildings are going to be completed if the developers follow the
schedule that "they've presented to you and to us. So in our judgment,
there needs to be more speed in this process. We need to be read} to go
to act,, to move quicker and that's basically the posture that we have
followedt is to move this along as rapidly as possible but with a decent
amount of deliberation And 7 would urge you to continue this hearing
after you've heard the people today to a date certain in the near future.
Mayor F'erre: Thank you very much, Mr. Peterson. Are there any other
governmental agencies that have not —governmental. You're not a governmental
agency, Mr. Fannato. I'll recognize you when I recognize the general
public. Next, I'm going to recognize the applicant of item 2.
Mr. Plummer: Mr. Mayor, it was my understanding that we were going to
allow the rest of the agencies to speak and then Commission would have
the right to ask questions.
Mayor Ferre: J. L., 1 think it's essential that you let the people who
are applying for this have their say as to what it is that they want, or
don't want, or feel. I Crean, if you remember, in all the 10 years that
you've served on zoning matters, usually we hear the government side, the
staff, then we hear the applicant, then we hear the opponents.
Mr. Plummer: Mr. 'Mayor, I'm not questioning except the procedures set out
by you previously.
Mr. Plummer: And I'm following it exactly. I said let's let all these
people speak before we get into —because if we start asking questions
other than small you know, declaratory things, we'll end up, we'll never
get to the end of all of this. Let: the speakers, those who are the
applicants, after Mr. Colson and his colleagues speak, I'm going to ask
Mr. Aurell and his colleagues to speak.
Mr. Plummer: In other words, we're going to have to go back to each
one of them.
Mayor Ferre: Absolutely. Go ahead, Mr. Colson.
Mr. Bill Colson: Mr. Mayor., Commissioners, my name is Bill Colson, the
law firm of Colson and Hicks, Concorde Building in Miami. I represent
Southeast Banks which is one of the two joint ventures, the other being
the Gerald Hines interest of Texas. I'm not going to introduce everyone
that's on our team here but I do want you to acknowledgethatMr. Hood
Bassett is here, head of Southeast Banks, and Mr. Joe Ranna of the
Gerald Hines interest are here. We have architects here from San Francisco,
and Mr. Candela heads that team locally. We have transportation people
here, traffic people here headed by Mr. Revell. And we have legal
counsel here if anyone wants to talk about air rights, and we have
a Phd economist if anybody wants to talk about taxes in the future. But
I won't go through that. I'd like to tell you what else we would like
to not do. Is, I have there a stack of plans that have been studied,
If this project has been put through and just one of these, there are
about 6 or 7 of these, I do not intend to refer to them, That has been
done under the law with the Regional Planning Council, The Regional
Planning Council passed the development order giving us approval. It's
subject to 25 conditions and we have gone on from there, We have been
through the Miami Planning Department, we have been through the PAD,
The Planning Department Advisory Board, excuse me, the Planning Advisory
Board met on 2 occasions, They have given us approval so that is before
you, We now have a development order that has been presented to you
by Your staff, And I would like.,,and it recommends approval of our
project, and we of course, are here today to task you as the Commission
to approve that approval, But before, I do want to say one thing as a
11
I
Mt Colson (continued): matter of thank your Even though I've disagreed
with Mr. Barry Peterson when we started with the Regional Planning Council
on some substantive issues, that his staff has been absolutely courteous,
And when he said that they moved forward and did it as expeditiously
and courteously as they could to all parties, 1 want to emphasize that
that happened. We have dealt with other agencies, the City Manager has
certainly given us courtesy, the City Attorney's Office, upon request, We
have seen what the Downtown Development Authority. —has built a marvel of
a proposal that didn't cone up until the last month, They did it, I'm sure,
in extra hours and we appreciate that, We particularly appreciate the
cooperation that Mr. Reid, Mr. McManus has given to us. With that, I would
like to suggest that I not go through the order because when it gets time
to a motion about the order, we're only going to ask you for one or two
detail that have to de with the details of financing of something in the
future. Not the substantive part of it, but that if we're willing to but
up some bonds here to build an escalator, will that be sufficient? Those
are not, thorte are things that had we thought of before and we had had to
go back to the PAB, l think th t they would have been in there. But they're
details and %then we get to the motion, well come back to that. But the
other thing Chat I would lil:e to not go through but I would like to show you
because there'-- been some infor;aation that I don't think has been quite
correct, that the 2 developers have done nothing except disagree. And I
want you to know, -an-3 troF-, and I'm sure the others will agree, :Here are
4 pages of Meetings that start on different dates with Mr. Bassett, and
Mr. Ranna. I can go through our architects, our traffic people, and
that there are 40 or SO meetings including one that took place this
morning for 2 hours iu which...
Mayor Ferre: Mr. Colson, tl:e Chair would stipulate that there is only
one person, and one newspi�iper and through his orders, those that are
his colleagues in those rooms that don't have windows who have that
opinion. Other than the editor of the Miami Herald, I don't know of anybody
who has made thhat cola.—, anJ I don't think that that editor or those
people have a heck a lot credence around here. A lot of people around
here don't have the courage to make that statement. I don't mind making
it, and I do just about every ether day.
Air. Carollo: I was gl.r,d to know we have such a brave Mayor.
Mr. Plummer: Angels tread where devils fear to travel.
Mr. Colson: I am dcliberatly ignoring these comments and moving on. We
have another cooperation that's taken place and I think is very important
because there were about 10 or 12, maybe more than that, meetings
concerning the subject of traffic which is another discussed meeting. Now
this is not pedestrian traffic but the vehicle traffic. And I want
you to know that the engineers of the Gould people and the engineers
of Southeast and Hines people met with the Dade Department of Transportation,
the Florida Department of Transportation, the Downtown People Mover, the
DDA, the Regional Planning Council was at an early meeting, not later,
but that we went through a process and that on these dates that is here,
we want to get into the details later, this plan that is here for traffic...
that this plan was endorsed, or adopted unanimously and that it will be
a tremendous improvements to the problems that are there. But I want
to acknowledge that from all of the County people in traffic, that there
was a tremendous amount of work and meetings that went into that, and this
has been readopted as late as ... reendorsed December 18th, just a couple
of weeks ago. What we would prefer to do in the sake of time, is that
we would like to sit down and we would like to hear if anyone objects
to our project, And then we would like to respond and to give you the
answers such as we have it. We feel that we...I have been asked to bring
this model over here. This model has been here and on display in the
City of Miami since last ,Tune. We feel that these plans have been
tremendously studied, If someone has some objection to it, rather than
going over the tongs, we would agree we would do that. I'd like to say
one point however, because of this mornings meeting, And that is on
the subject of the pedestrian plaza which seems to be a subject of
greatest poncern at the moment, We were advised within the last few
days, or at the PAB meeting last Wednesday for the first time, they've
got some new information Iasi Friday that there is a proposal by the
Mt. Colson (continued)! Gould interest in which they claim to have# for
whatever teasonj and we will be discussing if anyone wants to# but that
they Claim and want to have a plaza Which was different from What was
discussed at the Regional Planning Council, and is different from what has
been discussed with Mr. Reid because it has a very different fixture to
it, and that is that he would privately own any pedestrian.,,
Mayor Terre: He Hollywell.
Mt. Colson: He# Mr. Gould, he, Hollywell. That they would (inaudible)
But we were asked this morning if we would at least approve in cflncept
that a pedestrian plaza would exist in somewhat, as you'll see later on
the models if someone wants to discuss the model. In response to -that
very quickly and I'm ready to sit down, we have been asked by Mr. Reid's
Department in this order, which you have, to do these things on as far
as pedestrian system is concerned. One is that if there is an opening
of our garage on Southeast 2nd Street, that we must pay for a bridge
to go across Southeast 2nd Street. Now we have one group that Is telling
us that we should use Southeast 2nd Street, we have another group that
says our garage should use Southeast 3rd Avenue. Now we're not smart
enough, honestly...
Mayor Ferre: You have me confused. Which group? I mean, which group,
City groups versus...
Mr. Colson: We're talking, about governmental groups and there is a little
bit of disagreement. I don't think that should concern you. It's handled
here that we've got to go work it out. But because there is a
disagreement, it affects the pedestrian bridge. If we go out 3rd Avenue
we don't need one in the opinion of everyone. But nevertheless, there is
a pedestrian bridge there. We've been asked that if Mr. Gould's
comes across from Miami Center with a bridge that wa,;, required on a previous
development order, that we not object to that if it comes near to our
building. We accept that and we have not objected to that, We feel, as
I believe your planners feel, that it should come down a little bit to the
south and come across, but nevertheless, we've agreed not to object. The
third thing that we've been asked about, that if a plaza system is ever
built, that on 3rd Avenue, that we would be responsible for building an
escalator system to go up to. An escalator system that would be up and
down. It would be outside, we'd be responsible for constructing it, for
paying for it, and we've been asked to do that and to put up a part of
a ramp up there. We agree to that. We have been asked that if we would
build, and you saw it on here, we would be responsible for part of coming
out to the Downtown People Mover, And Mr. Reid's orders suggest that we
be responsible for that, in coming out within the boundaries of our park,
it will be open to the public, that as part of that, that we be responsible
for putting that in. That's in the order. We're standing here today
and we're acknowledging that we will agree to that. It's very expensive.
As part of it though, you should know that we are already putting in an
up and down escalator, 2 escalators and an elevator for the handicapped
and connecting out to the Downtown People Mover right now. But this is
something we've just been asked, and that's fine, we agree to that.
Now the other thing that we've been asked, the final thing is that we've
got to study this more in the future. We don't think to delay approval
here is going to help that at all but will hinder it because in the long
run, you're eventually going to want this on the tax rolls. But we've been
asked to put in $78,000 to get a consultant by you, your City, that they
select in the even that we can't agree on that within 30 days. We agree
to that, So we've been asked 5 things, we accept 5 things on the pedestrian,
Now there is one other that we were asked to do this morning by the Gould
interest and I would like to respond to that, And we have given careful
consideration and that was could we approve something in principle as to
a pedestrian plaza that goes up and down this street and all of that. We
would like to make this statement and I think this is the best way we can
make it, That as to the subject of concept, and that's what the word
that is used in the DRI of your. City and by Mr, Reid, that is to the
subject of concept, that we agree in concept that we will participate in,
and that we will not object to ,0ctme sort of, and I'm going to change the
word delberatly, Instead or saying pedestrian plaza, I'm going to
PuR
JAN 15 481
Mr, Colson (continued): change it to a word that Mt4 Traurig thought of,
It would be a pedestrian promenade. That it itts a pedestrian
promenade that goes here so that we can have pedestrian circulation, and
that's what people want, ,and that's what your City staff wants, if it is a
pedestrian promenade if it is non:commercials owned by the public, then
we are, in concept have no disagreement with that whatsoever. So that I
dontt mislead anyone, rather than be asked the question well what about
if itts owned by Mr. Gould. We respectfully say that we think
this 'belongs to the public and that we are not at this state in time, without
an awful lot of more study, ever willing to say that we would adopt and
give away something that we think belongs to the public. but clearly I
want to say to the Gould people who asked would be adopt in concept the
idea of a pedestrian promenade. And they didn't use the word ptgmendade.
With that word, we're changing. That is non=commercial, that we accept
that in concept. Mr. Mayor, thank you very much.
Mayor Ferre: All. right. I'm sure that's going to bring up a lot of r,uestions,
and I've writeen some myself. And we will be asking you in a little
while what all that means. At this time, we will hear now from Mr. Aurell,
Itm sorry, Mr, Colson. Is there anybody else in your group that wishes to
speak? All right, sir. Aurell.
Mr. Aurell: Members of the Commission, my name is Johi: 'air-t1. I'm
a lawyer. I'm a member of the law firm of Mahoney, Hadlow and Ac,ams in
the Lewis State Bank Building in Tallahassee, and the k%erifirst
Building here in Miami. Mr. Colson is always a hard act to follow. I
will try to be short. I have with me, and I want to end up with our
presentation this afternoon by having Mr. Pietro reluski, our architect,
explain to you in much mo,e detail than I can, or anyone else can, exactly
what our concepts are in the project, what we're trying to accomplish, and
to answer any substantive questions that you may have about the proiect.
Also, Ron Nestor, the- Vice President of Hollywell Corporation is with me
here.
Mr. Plummer: Mr. Mayor, may I ask just for a point of information, Mr.
O'Farrell, are you or anyone in your group authorized to speak in the terms
of concessions and binding...
Mayor Ferre: Aurell.
Mr. Plummer: Aurell. I'm sorry.
Mr. Aurell: As to the proposals that Bill Colson just made, I would say,
no not right now. We might be able to go out and hudle and come back and
speak in binding terms. I do have some suggestions which are binding
positions.
Mr. Plummer: No, sir. 1 don't want to get into the nuts and bolts, sir.
I'm asking whether you or anyone in your group have the right to make
binding concessions at this meeting today?
Mr, Aurell: Yes, sir. I belive so,
Mr, Plummer: All right, sir. Thank you. The reason I brought that up, it
is my understanding from yesterdays meeting, that the principal is not
present, not in the United States today, So I didn't know if you could
speak for him and it would be binding and that's what I was trying to
determine,
Mr. Aurell: I believe what I say in his behalf would be binding and also
Mr. Nestor his Vice President is here and can bind, or unbind me if,I speak
too far, I'm sure,
Mr, Plummer, Thank you, Sir.
Mr, A.uroll The single major point that we wish to speak to today is
the importance, in out judgment, of developing this most important parcel
of real estate in downtown Miami, and downt(,Pwn South Florida, in a unified
integrated master plan manner. If we don't do it now, we'll never have
another oppportunity. The Holly -well interests from day 1, and day Z<
Mr. Aurell(continued): of course, starts back iwith the Miami Centel` I
undertaking with which this Commission is very familiar, We have made
this point. We've made it continuously, 'there is nothing new about it,
If I might read you a few paragraphs that someone else wrote about
these 2 applications, and you are considering here jointly, the applications
of Southeast -Hines, and Miami Center 1, at least as far as relating them
to one another. For instance, Commissioner Plummer, you will find you
cannot understand one development order without 'leading the other. They
cross reference one another. And so.,,
Mr. Plummer: Mr, Aurell, since you spoke to me, sir, I want yotrto fully
understand that as...your first name?
Mr. Aurell: John.
Mr. Plummer: John, I want you to understand that this one vote def.inetly "
will separate the two projects because it is two distinct projects. So
you can make your otservations that it is one, but I want you to know that
I don't. All right, sir.
Mr. Aurell: Well, I make my observations, Commissioner...
Mr. Plummer: I do likewise.
Mr. Aurell: ...in the spirit that they're made and based upon the development
orders, and based upon the way that both the applications have been treated
today by the Regional Planning Council and everyone who has considered them,
they have been considered simultaneously.
Mr. Plummer: You're correct, John and...
Mayor Ferrer Nuke notes, J. L., and we'll come back. John is speaking now.
Mr. Aurell: On page 38 of the staff report of the Regional Planning Council,
the Regional Plannning Council made the following observations about what
we had here. And this was its staff report as to both projects. And I
quote, "The presently vacant 4 block, 10 acre portion of Dupont Plaza
has unique potential for the creation of a vital, major downtown focus
of core activities center. During review of the Miami Center I DRI, the
council requested that Hollywell devote particular attention to an
integrated plan of development for the 4 block area in the Ball Point
property. Subsequently, Southeast announced its intent to proceed
independently with the development of one of the 4 blocks. Early this
year, both Southeast and Hollywell expressed intent to file applications
for development approval of 1 block and 3 blocks respectfully, of the
Dupont Plaza. Council staff then requested a joint meetingwithboth
parties and invited City and County representatives to attend. The joint
meeting was held on June 11 at which time council staff requested both
applicants to collaborate in preparing an integrated plan for the 4 block
area and for the necessary access improvements, as well as for linking
Dupont Plaza development with adjacent developments. With further
subsequent encouragement, the applicants cooperated in identifying
access improvement which have now been reviewed and approved by the
Dade County MPO. Unfortunately, the 2 developments remained just that,
2 developments on adjacent blocks without integration of structures,
activities, or circulation. They could be on opposite sides of downtown
or in different cities. This is extremely unfortunate for Miami and
the region, because unless Dupont Plaza development is fully integrated,
and absolutely unique opportunity to put a new economic heart into downtown
Miami will be lost forever, No other major American city has some 10
contiguous acres of prime vacant land in its core. And Miami never will
again". The end of the quote from the South Florida Regional. Pinning
Council, Those are our feelings, and they have been our feelings in working
with the City Commission, with the Regional Planning Council. on Miami
Center f and Miami Center 11, These are very much regional issues.
Movement of people, of vehicles, of pedestrians are regional issues, They
all tie together, There is going to he a massive amount of people and
vehicles coding in and out pf this area., You cannot isolate these 4
blockQ and say it is not a regional issue, The People mover is there. It
040
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i
Mr, Aurell (continued): connects with the Rapid Transit System and so on
and so oft:. The Regional Planning Council again recommends on page 59
of its report that for overall improvements to service street operations
to insure the success of the DPM system, and to provide reserve capacity
for future growth, a second level pedestrian circulation system should
be developed which temoves all at grade crossings and which links Miami Center I,
Southeast Bank, and Miami Center II as an integrated development, And that's
what we want, That's What the Regional Planning Council's proposed development
order provided for very clearly. And we were satisfied with that. I
think the real questions, and we asked that in the meeting this morning,
to which Mr. Colson has referred earlier, Mr, Colson wasn't at -the meeting,
I was and I asked the question. And asked it of 'Mr. Fanna representing
the Hines interest. I said it is no sense in talking about what type of
plaza you have, or if they want to call it a promenade, or whatever else,
or whether it's going to be retail, pedestrian, whatever else, who is going
to pay for it if indeed the Southeast interest just plain don't want to have
the projects connected by a second level pedestrian plaza. Then all the other
talk is just wasting time. And I asked if they could commit to at least,
as a matter of principle, to...
Mayor Ferre: Mr. Aurell...
Mr. Aurell: ...to that concept.
Mayor Ferre: ...I don't mean to interrupt your statement, but I think that
was a statement that was made into the record. Now are you challenging the
wording?
Mr, Aurell: I want to fol-low up on .it because I'm happy with what Mr. Colson
said to a certain paint, but there's a little more to it than what he said.
This morning, that question was not answered. It has been partially
answered this a ternoon but there are other questions that come up in
paragraphs 10(a), 11(a), and 12(a) of the City's proposed development
order and in the corresponding paragraphs of the Southeast proposed
development order. It puts the burden on Hollywell to construct the
plaza over the street areas. And it puts the essential financial
burden on Hollywell to build ... to pay for building those plazas. Southeast
will fund a study of a relatively small amount of money whereby a
consultant to be picked by the City. But there are important questions
of ownership of the space upon which or in which the pedestrian plaza would
be built. If Southeast is not also willing to give the necessary
easements or permissions to build on that space, if Hollywell is supposed
to build, design, maintain that space, it should, in our judgment, own
that Space. The City's plan puts the burden on Hollywell to build it,
not on the bank to build it, and ignores or side steps the ownership issue.
We do respectfully submit that the air rights ownership issue is a real
one and that as it stands right now, those air rights are owned by the
property owners. And we would need to get that resolved, and I did not
hear Mr. Colson speak to that point. And we would like to have him speak
to that point. What we can accept, what we're willing to live with is any
one of 3 alcernatives on this plaza, what was recommended at the
South Florida Regional Planning Council's proposed order is fine with us.
We'll do it just like that. Mr. Gould sent a letter to you, Mr. Mayor,
on January 9th setting forth a proposal, an alternative to what's in"the
City's development order and we can live with that. That provides that
we would design, build and own the plaza, and would require Southeast
to grant us the air rights to do that. Otherwise, we cault get
financing to build it. If we don't own it, it's very hard for us to
finance the construction. And thirdly, Mayor Ferre, we can live with
and we're willing to accept the compromise that you proposed back as a
result of that letter to Southeast and to Hollywell. We also would
accept that, So we can live with any of those 3 alternatives if Southeast
is willing to now acede to that, If that's what fir, Colson said, then
we're gratified, if it is not what he said, then the questions that
we had before still remain unresolved,
Mayor Ferrel Are you finished
61
Mt, Autell3 I really am just about finished although I wanted to call
On out architect. If you would like to hear Mr. Colson's response first
and then we can go on to the other. Which ever way you wish.
Mayor Ferte. It's yo+.ir presentation,
Mr. Aurell: We urge you to exercise strong leadership here so that we dontt
lose this opportunity for a comprehensive plan which must include second
level pedestrian plaza. And I respectfully submit that if you go with
what is in the propcsed development order of the City that has come to you
now, that the end result will. be that there will be no second level
pedestrian plaza, There's no prevision for funding it. The ownership
issues are avoided and it's grossly unfair to us. So we we go hack to
the major point and I _just can't state strongly enough. It has not been
our fault that their accord has not been reached on this .subject. No one
has been surprised by our position. I don't think we're being unreasonable.
And I ask you simply to make It mandatory in your development order that
this plaza will exist, to the best interest of the public. And we think
what is in the best interest of the public here is in our best interest.
The Southeast project is a beautiful building in and of itself but it sloes have to
relate to everything esle ground It. Thank you. Mr. Veluski is here now
and he will describe the project, the concept of the project and why we
believe so strongly in the second level pedestrian plaza. Mr. Veluski
received his degree in civil en�;a.rieering in Rome in 1922. He's practiced
architecture In the wos1. coast of the United States until 1950. He
served as Dean of Architecture :and Planning at the Massachusetts Institute
of Technology from 1950 to 1.965. He's been the designer of and consultant
for several thousand builciin;s covering wide ranges of architecture and
town planning in all. parts of the G.S. and elsewhere in the world. He
has honorary degrees from 1.0 universities. He's presently a professor
at the University of Virginia and the University of Oregon. He's the
holder of the gale r,tdal of the American Institute of Architects, etc. etc.
Mr. Colson: Mr. Mayor, as to a point c-)f order...
Mayor Ferre: Yes, sir, Mr. Colson.
Mr. Colson: ...and I apologize to the distinguished architect. Is it...
as I understand the agenda item that is before you, this didn't apply to
the government people, that we're to discuss our project that is on here.
If Mr. Veluchi wants to discuss the Southeast building, our project, I'll
certainly sit down. If he doesn't and wants to discuss the other, you all
are aware that the Gould interest have filed a separate development order
which technically -. not on the agenda. But I'm not raising that point.
I'm raising the point, are we going to discuss ours.
Mayor -Ferree Bill, let me...unless the majority over rules me on this,
my position is this. It seems to me that every thing that everybody has
been discussing has come: to a basic agreement on just about every issue
except the area that has not been clarified as to whether or not there is
a connector between, these 2 buildings. Now therefore, what Dean Veluski
has to say with regards to the Miami Center is totally germain to what I
think is the main issue before this Commission at this time regarding the,
Southeast project.Now, I have said publicly, and I will repeat once
again, that I am 100%, not 90% or. 98%, 100% for this Southeast project
and I would like to see it huilt and I will do everything within my
power that I can do legally and morally to see that this project
proceeds. It is r.crt-ainly not my intention to do anything that would
in any way be harmful to what i think is the best interest of this community
which is to sero this project: being built. I do, however, feel as I have
all along, it's nothing new. I have going back 15 years in this community,
going back to the study that I. M. Pei made of this general area, that
pedes trianiz.atio>> and the ability for people, human'beings Oat -walk, to be
able to communicate between 1. block and another is absolutely essential
to the health of this community. You're talking about 4,a00,000 square
feet, you're talking; about well over 50,000 people working and arriving
Into this place every day, and therefore, i think this is a totally
germane point.
ist
$1 i
Mt, Colson: I don't want to stand on technicality, your honor. I merely
want the recotd to reflect...I'm sorry, Mr, Mayor, I merely want the
record to reflect that that is the issue here, Mr. Aurell just said it's
a very beautiful building and he likes it and we agree that pedestrians
are in our development order. We totally agree to that. Thank you.
Mayor Ferrer Okay, Mr, Colson. All right, Dean Veluski, We're always
honored to have you here, Sir.
Mr. Dean Veluski: Just to put you gentlemen at ease, when I first saw
the building, I thought it was one of the most beautiful bidldirtos. Wren most
post-modern, And I want to complement both the client and the architects
and I did so. I was a little bit surprised when you said there has been
nothing but disagreement. I suppose an implication, Mr. Gould is a man
that has strong opinions and he expresses them very strongly. Not always
to his own advantage. So I'm not here either to apologize or condemn him
but to just simply that he's built that way and I don't think you can
change him . 6 months ago, almost, I went to San Francisco and I got sight
of the materials and the plans. As I say. I was very much impressed
1 also conveyed the idea that here are 2 very large developments and
projects side by side, and that it was almost mandatory that the 2
groups of architects get together for the benefit not only of their client,
but of the City. And I'm talking as a professional and I've had a lot
of experience. I'm an old man now and I've been invovled in more city
developments than I can think of, and this probably the most promising, the
most challenging. And it will be a pity when they get through and you
start building and ;fir. Could starts bu:`:.lding and you find out, gee, tht
could have been done so that everybody could have profited instead of
being at odds. So the only thing that wee suggest, and I think we in the
discussion this morning, we came to the agreement, that I think you should
authorize the architect to talk with us because that's what I suggested
6 months ago and I have not heard a peep from them in all these months.
And it should have been profitable to everyone to really talk to each
other and to see just what is the best thing to acheive a purpose which
we could use. As I say, one of the most important urban cenr.arq in the c6untry.
And I am delighted, yesterday we decided that we should not use the word
integration. It's a bad dirty word anyway and we shouldn't. The implication
was maybe Southeast had to give something in order to obtain something.
k'e feel that just as designed now you wouldn't ahve to change anything.
You used the word promenade. I'm delighted that we found the key word. That's
what it's going to be, a promenade where the pedestrian and a number almost
approaching the Pan American Building in New York, I was consultant for that.
They have 500,000 people going through those escalators. It isn't quite
the same. But that, the Pan American has only 2,400,000 square feet and
here there are 4,200,000. That's an enormous number. Hundreds of thousands
of people. And there is a People Mover which is an innovation and a very
important, and people will come more and more and not take the automobile.
And there is a garage and there is some retail under the garage. And there
is of course... even if there were no way in which the 2 parties could come
together and decide that this promenade is really to their benefit and decide
no good either aesthetically or otherwise, then of course, Mr. Could would
still have a choice to ,join with the People Mover station which in a sense
spans across there and build on his air rights. You should understand now,
it appears that the air rights belongs to the individual, to the people
that bought,..that's the latest on that. But obviously, he's prepared
and that's a very important thing, knowing Mr. Gould. He's prepared to
finance, design, construct, and maintain the whole promenade. And it seems
to me then,,knowing him, that he'll want to have a say at least on how it's
going to be.,,but I would promise, and this 1 can only on my part, that to
me it's more important to have something that everybody will be proud of, than
to have something that pleases Mr, Gould, 1 wish he were here because
I don't want to,,,and it seems to me, objectively as I can be, that that
promenade properly designed and whether you want access to your lobby.
,fit just happens that the grade of that promenade is r7 which is the grade
of the main elevator lobby, the grade of your banking room and you have
to get there anyway and you have the bridge which somewhat,,you need to
be built if you're having the promep.ade, Now, how it's going to be
built, that's a question of study, There's 4 l.pt,,,it's not going to be
a lot of little shops, a lot of flower pptrs and whatever, Although I
don"t see anything wrong, bank in America we Put a lot: of pots with flowers
tot
1
Mr. Veluski (continued): and we did it in poltland.
bUt little shops or things like that would not be there. But you have a
choice to enter either the 'yank or the lobby from the promenade instead
of going from the side. That's something that obviously can be studied
and tesolved together. So my plea is let us work together and let you keep
a sharp eye to see that none of your interest, after you've considered
objectively, will be offended or overlooked. And that's all I think...
Mayor Ferre: 'Thank you very much, Dean Veluski. Now, Mr. Colson, I think
there was a legal question or a clarification that was asked and perhaps
you might want to expand, or clarify, or reiterate, or whatever you wish,
with regards to the statement that you said with regards to the-now.►.now
we're going to call it a promenade which I think is a much better name.
Mr. Colson: First, I'll absolutely respond to the air right. And first
may I say that in the discussions this morning that I did not attend because
it was suggested by you, I believe, that I not attend.
Mayor Ferre: No, not you. Lawyers.
Mr. Colson: The lawyers not attend. Okay. And I accepted that and with
I hope grace but..so maybe that's wiry I left out a detail. And when we were
saying that in principle, in concept, promenade, non-commercial, public
and all of that, that they said, the Gould interest, that we would have
design control and approval. And so that should be in that request too
and they can comment on that. But that's the way that all of the team that
was there, Mr. Candela, all of these people were there and tell me that
was a very clear offer and that. would be an integral part of.
Father Gibson: That they would control?
Mr. Colson: Excuse me.
Father Gibson: That they wculd control the design of the promenade?
0
Mr. Colson: No, sir.. That when it: was designed, that we would have a say
in the design of it, �,nd approval of it. And so that would be part of it
and which is a nice part of it. Now as to the air rights, which really
goes to the heart of this, is that this plan on the ownership of the
air rights I have to brink; you up to date from the calender standpoint.
This when 'through the complete Regionai Planning Council. All of those
books were filed and no one, to my knowledge, no one ever suggested in any
of the discussions we had that this was to be privately_ owned by Mr Gould,
that he contended that he owned the air rights, it was never mentioned at
any time that I heard of, and I've been an intimate part of all of this. S
That that subject of air rights and who would own it was, to my knowledge,
never brought up until last 'Wednesday night, Now I have the transcript,'
of last Wednesday night at the PAB. He says that he has something different
from...
Mayor Ferre: He?
Mr. Colson: Excuse me. Be, Mr. Gould, was personally present before he
went to Rome. All right? tie was personally present. I have the
transcript. He said that he owned something that is very particular here
and that the has the ownership to these air rights and that he has the
right to go do this. And that he will not participate with Mr. Reid's
proposal, he will not cooperate with Mr. Reid's proposal, and that he
would submit another development order which he has done, Which you
Will come to that later in the afternoon, Now, we say on behalf of
Southeast Banks, and we have one of the.,.a real real estate lawyer here
rather than myself, and we have gone back and we have the plat right here.
We invite you to ask your City Attorney, we say that the plat that he has
is no different than the buildings that are in downtown Miami. We say
that we agree that a building oumer might have some say so if some
governmental agency out of the blue came up to the Dupont Plaza and
wanted to put something up in front of them, But they would have
obviously a esy so in that. But when they dedicated the plat, that they
dedicated to the public the use of those sheets. ghat dirt belongs
7
ist ,
Mt, Colson (continued): to you. And in our opinion, the air rights,
above it belong to you subject to not abusing either owner on either side.
So that we$ foie that reason, let toe make it another way. If I'm wrong.
,lust assume that Itm legally wrong and we own half all the way around
that whole block: We own half the boulevard rights, we own half of
2nd Stteet, we own half of 3rd Avenue, we own half of 2nd Street. Well
as fat as we're concerned for Southeast, we don't think ... we think that the
public believes that they own i.t. We have built this model and put a
football field out there at the ground level so that the public can use
it for pedestrian walkway. We will tie into any system that they have. So
the fact alone that the public thinks that they own it is reason enough
for us not to enter into some agreement. If some day in the future something
is presented to us that is to the best interest of the community and the
community wants it, of course we'll sit down and discuss it as reasonably
as possible. But one last point on this. Is the gentlemen, the`
distinguished architect is absolutely right about going to San Francisco.
And he's absolutely right that he went out there and looked at our plans
before he built his. And when they talked that we did not work in and
whether we use the word integrate or not integrate, we respectfully would
tell the community that our plans were done and the location of the
Downtown People Mover was exactly where it is, and the location of our
football field park was exactly where it is, and that after that, after
that Mr. Gould drew up some plans and put a trucking garage across the
street from that and now wants us to say that somehow out of this comes
the idea that we didn't integrate with him. We respectfully suggest
that we are willing to put that aside. We've been meeting, meeting, we'll
continue to meet. We ash that you approve your own City's staff recommendations.
Mayor Ferre: All. right, Mr. Colson, as a matter of personal privilege,
into the record, because there was some semblance of ... or there was a question
about my invovlement and participation. Let me say that I have been
personally invovled in this project and other projects that pertain to
this general area for the last 15 years, and that I have followed this
as closely as I could. Some people seem to get upset or concerned that I
had met with Gerald Hines and that at one time I had dinner with him. That
certainly I think, not only within the prerogative of the role of the Mayor
of the City of Miami, but as certainly the responsibility. I just wanted
since you did brim; up the question of my statement about having, a meeting
between the architects, the planners and the goners, without laywers, with
all due respects, and I don't mean to offend any of my lawyer friends,
I think it is, that the problem if there is one, was one of design and
it was better solved, I think, between the architects, the planners, and
the owners without attornies on either side telling th.;ir clients as to
what the pitfalls, and what the areas of problems to avoid. Because
usually in these type of negotiations that creates more barriers rather
than solutions. And therefore, my interest in my request when I talked to
Mr. Gould in Italy and when I talked to Mr. Charlie Swick, the President
of Southeast, was that they tried to resolve these differences between
themselves. I tried to call you Hood and you were out of town, I think,
so I talked to Charlie Swick.
Mr. Colson: Let me state on behalf of all of us, that you have been
a catalyst to resolve these differences and we thank you for it. I
left one date off of the calender in how this came up. Last Wednesday
might for the firs time, Mr. Could personally told the PAB that he had
ownership, he wouldn't cooperate with the City and wouldn't adopt the
City plan and file his own new plan. He has since that time, we have
learned the word cache up of having a roof on it and that he wanted it to
be a galeria and the idea of it being air conditioned and having retailing,
Now,our groups this morning couldn't agree whether that was in the project
or not. But that's why when we say we can only talk about concept, for
goodnes sakes, we're talking about from our standpoint, a non-commercial
for the public promenade.
Mayor Ferre; I think it's a major step forward, Bill. I really commend
you and your client.
Mr, Plummer; Mr. Colson, rest assurud, sir, before you leave here if there
is a vote taken, all of that is going to be definite. it's going to be
in writing, Your principle is here to make binding commitments, That�s
►' j
s JAN
M
Mt. plummet (continued): the reason for my question previously to Mr. John
Autellj that they are in a position here to make binding commitments6 Because
either you're going to walk out of here with a defertment,or these matters
ate going to be absolutely resolved, or you've asked for your own
deferrment. So I'm just putting that on the record.
Mayor Verre. All right, UK, and then Bob, I'll recognize you.
Mt. Aurell Mayor Fer.re, just a fev moments in brief response to Mr. Colson.
The reason for a change in attitude my Mr. Gould last Wedensday night at the
Planning Advisory Board for the first time was that up until that time,
we were going under the assumption that the development order we were
dealing with was the one recommended by the Regional Planning Council which
required and provided, and we agreed, that each party would be responsible
for paying for and building its portion of the plaza out to the center line
of the street, over the street. And we said we could live with that. For
the first time at the planning Advisory Board, Mr. Gould found out that the
City was now proposing something entirely different which was that Hollywell
was to build the entire plaza all the way over the street. Hollywell was
to pay for it, and Hollywell was not to own it. That creates substantial
problems with financing; as well as Everything else. So that's the reason
for the change in attitude. I think it is a rational one, Finally, I would'
like to say again, respectfilly, that if you look at the proposed order in
its present fora, the result is going to be if you approve those orders,
there will be no integration of this project for the second level
pedestrian plaza, & we On't want that to happen. Thank you.
Mayor Ferre: All ri,,i;t, t':r. Traur.ig.
Mr. Robert Traurig: Mr. Mayor and members of the Commission, for the
record, my name is Robert H. Traurig. I don't want you to misunderstand
my standing here in front of you. 1 believe that when a guy is going,
4 for 4 you don't pinch ?lit: for him, and I'ra not trying to pinch hit for
Mr. Colson who has done so well. But we had agreed that I would deal with
certain paragraphs in the cevelopment order and direct your attention to
them so that if you are of a mind to make a motion for the approval of
the development order ycu''il Ove the benefit of our thinking with regard
to the specific language. Regarding the development order itself, if you
have it in front of you, I would like to direct your attention to these
particular parFagraphs. In paragraph 10(a), Mr. Colson has made several
references to that second level, unenclosed, and non-commercial, publicly
owned pedestrian circulation, system. We hope that you will utilize that
language because we think that that language is descriptive of what the
intention of Southeast is. We're pleased that Mr. Plummer has made an
indication that you will deal with Southeast on its merits, and then deal
with the other application on its merits. And if you're dealing with
Southeast first, in the language which is expressive of the Southeast
position and the Hines position, it would be that they are committed to
this cooperation with regard to that system that I just described, So it's
a second level, unenclosed anj non-commercial, publicly owned pedestrian
circulation system. We're particularly concerned with condition ll(b):
The first words in 11(b) are that the City shall not grant a building permit
until certain things are done. And you and we know that sometimes despite
the good intentions of all parties, it takes time to accomplish certain
things, And sometimes the public sector because of certain constrictions
and certain constraints, and the problems of communications takes a little
bit of time to get things done. We're very anxious to build this
building, It will he a handsome addition to urban Miami and we are hopeful
that you don't say to us that we can't get a building permit until all
these things are accomplished. We think we have an obligation to
accomplish certain. things,And we think that as an alternative you could
say that we should post a brand to guarantee the performance of Southeast
rather than to say we can't got a building permit until all these things
have been accomplished, So we think that if we would be entitled to a
building permit upon submission of a bond in a sufficient amount to
guarantee the performance of the requirements perscribed by this
development order, you will have protected the public interest, we will
be working toward the accomplishment of those objectives and everyone will
benefit from it. The other item that has been very troublesome, Mr,. Arana,
in particular, has expressed himself to me often in connection with Q,
i
Mt. Ttaurig (continued): is the specific language with regard to out
obligation to provide funds or to make loans; or to arrange loans in
connection with the bifotcation system, We have no problem with the monetaty
obligation: The only thing that concerned us is what are the conditions
with regard to the repayment to that obligation by the public sector? The
language which has been uSedo and I want to confitm what Mr. Colson said
about the absolutely splendid coopetation of both Mr. McManus and Mr. Reid.
They have :net with us ctt many occasions.. We just haven't teached
agreement with regard to this particular languages and it's not because
they haven't been totally cooperative. We'd like to suggest to you that in
lieu of the language that has been submitted...
Mayor Vetteto What article is that?
Mr. Traurig: That would be article 17(a) which says that we'll arrange
loans to or bond purchases from governmental agencies of 20% of the
14,6001000, etc., under certain conditions. That you first consider this
sheet that I'm handing to you as number 1 which is language that bond
counsel, not Southeast lawyers, not our firm, but people who are in the bond
business have suggested to Mr. Ranna as being appropriate language.
If you can agree with this language, we'd ask you to consider substituting
it. If you can't, we have in item number 2, sheet number 20 some language
which I had originally submitted to Mr. Ranna for his further
review with the bond people.
Mayor Ferre: Counsellor, may I ask you? Have you already shown that to
Mr. Reid, Mr. Peterson...
Mr, Traurig: I have shown this to Mr. McManus and to Mr. Reid and I don't
know what their comments are with regard to it. Mr. McManus...
Mayor Terre: And Mr. Knox also.
Mr. Traurig: I've not shown it to Mr. Knox. But Mr. McManus and we have
talked about it. As a matter of fact, the language in 17(a) has been
changed 2 or 3 times by the City and...
Mayor Ferre: Could we see it now?
Mr. Traurig: Yeah. It's a very technical thing. It accomplishes the
same objective. Our preferred alternative is sheet number 1. And this
she-:t differs from what the Regional Planning Council suggested and what
your staff suggested. We think that it's effective. I think it's
protective of the party who would be lending approximately $3,000,000.
We want to make the loan, we want the biforcation built. We just want to
be sure that when se sit down to negotiate the specific paper that we get,
that it's paper that has negotiating value. You have to understand, In
some cases that if Southeast were the lender, it might be using
fiduciary funds. Funds that belong to others. They have to be careful
that the ratings, that the maturity rates, that the interest rates, that
the discount rates are all equal to what those beneficiaries of trust
would be entitled to in other similar transactions. So that's all we
ask you to consider.
Mr. Plummer; Is there a reason that there is no interest percentage
applied here?
Mayor Ferre That's automatically covered by the following. See, they're
going to discount it, At market value but equal to the full purchase price,
and that obviously takes care of it,
Mr, Plummer, You mean that's the prevailing rate?
Mayor Ferro; Absolutely,
Mr, Plummer; The prevailing rate?
Mayer Ferro; It will be much more than that.
Mr. Traurig: l'ou have to understand, we're talking about tax free so that's
not the same rates that:,.
Mayor Fevre: In other words, J. L,j I think the point is this, and I
understand the banks position and Gerald Hines' postion. it's obvious.
What they're saying is, look this isn't our responsibility but we realize
we need the transportation system or we can't build our building. Now
we're willing to give you out 2 or 3 or $40000,000 whatever it is, but
we Want to be made whole for it, and the only way you can really make us
whole for it is if we have a document that we can turn around and sell
to a third party and they buy 100 cents on the dollar, Now it's -of
little value to us if you give us a piece of paper that we turn around
and sell sell we get 80 cents on the dollar. That doesn't do the thing
for us. We want to make sure we get 100 cents on the dollar. _Now that
means, therefore, for you to turn around to the third party and sell a
$3,000,000 piece of paper to get $3,000,000, it has to be, it has to have
all these things that Mould make it attractive.
Mr. Plummer: Mr. Mayor, how does this differentiate between waters and
sewers, and street improvements in which the property owners are assessed
for those improvements. Hc�w does this differ from that?
Mayor Ferre: Well it differs in the following way, that traditionally
the City of Miami, we can change that, there's no question that this body
has any right ... but traditLonally, governments pra*Vide those amenities
such as streets ,,nd transportation to the property that the private sector
in invovled in. For example, we're responsible for the sewers and the
water to the property line. Now what they do beyond that is their
responsibility. We, government, are responsible for buses, we're
responsible for a Metro Transit System, we're responsible for streets. And
normally we provide that and it's our responsibility. What we're saying is
Took fellows, we don't nave the money to do this. So in effect what we're
going to do is, you're going to lend us the money if we have to go to you,
if the State won't give it to us, you're going to lend us the money. And,
with your money we're going to give you the amenities that we're supposed
to give you anyway. All they're saying is, okay, we'll give you the money
but you'd better make darn sure that that money is returnable to us aty
100 cents on the dollar.
Mr. Plummer: Isn't there streets presently provided to this property?
Mayor Ferre: According to the law now, we have to go, we've got to go through
the Regicnal Planning Council and all these other... including the State,
and the State and the Regional Planning Council and everybody says, no , they
are not provided becasue it's like providing a sewer line. We have a
12 inch sewerage line but you have a building that needs a 24 inch
sewerage line.
Mr. Plummer: Mr. Mayor, you're missing my point, or I'm missing my own
point. The streets that we are presently providing to that project are
not adequate for what these people would like to do. They would like to
go way beyond the norm of which they were fully aware at the time that
they purchased the property. Now they're asking for something up and
beyond the norm. They can build tomorrow on that property with the
present streets there. Now, they cannot build what they want to build,
it's obvious that the streets will not accomodate._ What I'm losing
somewhere is that if in fact they want something other than the norm, and
yet they're talking about charging us the normal going rate to loan us
the money to do for them, which maybe they should be doing for themselves,
Mayo' Ferre. Let me tell you what's happening, Bob, excuse me. What
We're getting into now and what I've been trying to avoid, and I'm probably
guilty of it, is getting into a discussion before all these presentations
are made and before we conclude the public hearing portion of tt and
we're getting into what I would hope we could avoid, And 1 would
respectfully ask of the 2 attornies that they conclude whatever statements
they have, and that we then go on to whoever else wants to make a statement,
e.10se the Public hearing and then we can stick around for the question and
ajnpwer Period,
Mr, Traurig: I only have 2 points of clarification, Mr. Mayor: tarlier,
when you were talking about the issued that go to the Zoning Board to come
here, you talked about the ?, variances, f think you mean the 2 variances
and the conditional use. And t just wanted the record to reflect that,
One point, when Mt. Colson was talking about the 2nd Street portal, l
just want to be sure that you understand that the ingress to the building
through 2nd Street is not at issue at all, it's only the question of
whether or not there can be any egress because of the peak hour afternoon
traffic. I won't answer Mr. Plummer's question unless he wants an answer.
Mayor Ferre: You will answer it but later on, please,
Mr. Traurig: Okay.
Mayor Ferre: Because otherwise, we're going to get into question and
answer. All right. Are there any statements that you or your colleagues
wish to make into the record?
Mr. Traurig: I would invite the rest of our team to speak if they would
like to. Mr. Adam, Mr. Bassett. We thank you very much,
Mayor Ferre: All right. Mr. Aurell, is there anything you wish to add
for the record? Then at this point, I will see —Mr. Peterson, all right,
sir.
Mr. Peterson: Mr. Mayor, just for the record again, I wasn't planning
on going into this detail but since Bob did, we went over the language
on this loaning of money and repayment, etc., at great length with him
and with your staff. I want to make a couple of points. One is that
provision would only come into being if the public sector hasn't found
the money by September 30th, 1982. The second point I want to make is that...
Mayor Ferre: The public sector :hat?
Mr. Peterson: Hasn't found the money for the biforcated system by
September 30th, 1982. in that case, the requirement to get up the front
end of the money would apply to the developers. The other point, more
critical is that the language that's being proposed by Southeast is
really too limiting. Lt, for example, eliminates the possibility of
simple loan and agreement between the State Department of Transportation
and the developers. It requires essentially a bond program. So I would...
Mayor Ferre: You're objecting tea this?
Mr. Peterson: Yes, sir. It's too restrictive in terms of City interest
I think. It essentially rules out the State as being`a repayer.
Mr. Plummer: It would seem like to me that if in fact this is, and I'm
wrong, that the State would be 'Lent the money, not the City.
Mr. Peterson: That would be preferred.
Mr. Plummer: No, not preferred. It's the State's responsibility not
our responsibility.
Mayor Ferre: All right, any other statements by any other agenceis or
by Mr. Reid or Mr. Kenzie, Mr. Fosmoen? Okay. Now, Let's get to the
public sector of this. I will take you right in order. Dan Paul, Skippy..
Mr. Dan Paul.: Mr. Mayor, for the record, my name is Dan Paul. I want to
speak to an interest so far that isn't represented here today, and that
is what the affect on the public is of the request for these 2-development
orders, 1 do not think that the City can permit these 2 powerful interests
to fight this problem out by themselves, You're in the mess today because
the City has defaulted in ita obligations, You don't have any Xonimg
ordinance, you don't have any set backs, you don't have any parking
requirements, you don't have any landscape requirements, you bave altuost
unlimited density, variances are given upon }request, your Planning
Department defaulted because it,,,isn't it sometbi.ng that the State
i$,t
}7
Mt, Paul (continued): Southeast Regional Planning Council is the one
that had to come in and tell you what was wrong with these 2 projects from
the publics point of view instead nf your own Planning Department being
iti there in an early stage of the game. You can't blame these 2 developers►
They didn't get any guidance from the City, they didn't get any guidance
from your zoning ordinance. Why shouldn't they fill this place up with
all of this spaghetti and destroy the heart of downtown Miami.. They want
to get the last buck out of what the property that they own in that
particular area. For goodness .ekes, listen to what the Southeast Regional
Planning Council is telling you today and don't approve either of these —
development orders. You don't have any other opportunities to stop
these footprints that you're going to place in the sands of time -that are
going to last in Miami for 200 years. Once you make them you can't
reverse them. It's ridiculous to talk about controlling, them br-controlling
the height variance. You know very well that you're not going to be able
to get these 2 people together by talking about height variances which are
going to be settled at other times. Just like at some of the major issues
that have come out here today that are unresolved. There's no State
money for the biforcated system. Are you going to let these developers
build when there isn't any way or any State money for solving, this particular
traffic plan until you get some kind of commitments. If you were a little
2 bit developer out here in West Miami and you wanted to put In a Dousing
project, you wouldn't consider letting them proceed until you got commitments
for schools, roads, waters, sewers, parks, the whole works. What's going
on all of: a sudden in the most important project in the history of Miami?
Have you forgotten everytiting you 1_earned about- that? You showed the
People :lover. There's no money for the reople _Mover. You may never have
a People Mover there. Parking. None of these buildings provide adequate
parking for the am -,,tint of square footage they're planning to put in. There's
no pedestrian connection sysr_em agreed upon. Even the Mayor says that is
essential, and right here on this very podium you hear 7 or 8 years ago
I. M. Pei and Vince p,311ti stan�': here and tell you that you couldn't
develop downtown Miami with the density you wanted unless you had a
second level pedestrian system. How long does it take to Learn. This
enormous disagreement betw,en these 2 parties as to what they're talking
about. Southeast is talking; about a nor. enclosed. You get that word?
A non enclosed pedestrian system. Mr. Could, it gags me to say so,
happens to be right, it seems to me, from point of view of the kind of
pedestrian system that these buildings require. Don't put that issue
off. You're not going to get anywhere by doing that except to let the
public interest go down the drain. Where are the set backs to widen
Biscayne Boulevard? This is your last chance to obtain that land on the _
west side. What trade-offs are you getting for the public for this
kind of density. They're not there. Biscayne Boulevard narrows itself
to 4 lanes at this point. This is the time to get these 2 projects to
set back so that you can open the boulevard up and get sufficient land
because you may not have a People Mover. You may be running buses for
many years to come from the Mass Transit System to serve the Dupont Plaza`
project, and where is your street system to do it? You haven't go it.
The Southeast Planning Council has told you and told you and told you
but you won't listen that there isn't any financing for the public
improvements that have to go in there. That means you've got to get
the commitments from these developers, that if the public financing
_ doesn't come through that they are going to put that financing up. I
_ certainly agree with them that it's unfair. But look, let's face it.
The has defaulted in its obligations to this urban community for
dozens of years. What is this, Alice in Wonderland that you now all of
a sudden think that the money is going to pour from Tallahassee when
Tallahassee is telling you in loud voices they don't have the money
for the biforcated system, 'rhe Federal Government is telling you. And
If you didn't: listen to what Mr.Roagan said in his campaign, you better
listen now that there's not going to be any money for things like the
People Mover to be put in, The issue of ownership and management are
not resolved. The development orders, all you have to do is look at
the 2 development orders proposed today to see what the conflict is.
For goodness sakes, rake the advice of the South Florida Reginal
Planning Council and don't pass either development order today but
defer it, Nothing call be lost by a 15 day deferment. in which you
direct these people to come and solve these 8, 9, 10 issues that 1 just
mentioned to you, And there are others that are more technical and T
won''t take your time, But those are critical on from the point of view
O
Mt. Paul. (continued): of the public interest. The public is going to
hold you accountable if you give this go ahead today before these issues
are resolved. You ought to consider that because this issue cannot be
resolveds in the public interest, without getting those issues done. I
have a lot of other things I'd like to say, but I realize it's already
51O0 o'clock and there ate a lot of other peope who want to speak. And
it seems to mej without going further you ought to voLe immediately to
defer this matter for at least 15 days like the South Florida Regional
Planning Council has asked you. Direct these 2 people to get together.
At least let's find out on the pedestrian connections,'they're talking
as wide as they can possibly be. A non enclosed pedestrian connector
is nothing like what Mr. Gould is suggesting or what frankly, is required
between these projects. You know enough from looking at the Pei and
the Plan to know that. Thank you.
Mayor Ferre: All right, Mr. Shepard. Ernie, you're next.
Mr. Shepard: This is the first I've seen of this and that's why I'm very
upset about it. Not upset, because I don't know. But I see now that —
they have a pedestrian area here set aside from the Convention Bureau to
the garage but I don't see one except what you have here, from the hotel
to this area here. But I think that the Dupont Plaza Hotel is going to
be shut out if you allow them to do this without the flow of traffic
coming down. I don't see the flow of traffic from the bridge going down
to the Dupont Plaza. it's not there. And I was assured, I was positively
assured by Mr. Candela and a few ethers when we went ahead with the
Convention Center that there would be a walk way, a bridge across from
the Convention Center to the Dupont Plaza area, to the Dupont Plaza Hotel.
I see now that that hasn't been done. So I've been mislead in a lot of
things and nobody has contacted us the owners of the Dupont Plaza Hotel
whom I represent, in any of this whole project.
Mr. Plummer: Mr. Shepard, you see, Mr.Mayor, let me just make one small
point, and I think —because it's been missed by everyone, the developers,
Mr. Paul, the department. Understand, that, as I understand it, which is
before us today is where this whole thing has progressed to. This has not
had anything before this Commission. Mr. Shepard, you're going to address
that? I'm going to address that. What they have done up to this point,
sir, has no commission input al all. Mr. Paul is speaking as if the
Commission has approved. This is the first time we've seen it. We've not
approved anything or disapproved anything. We've not approved the
concept by the department in any way. So don't come here screaming at
us. Don't bark until you're bit. That's whay we're having a public
hearing. For you to make your input, and I hope this Commission.
May,ir Ferre: All right, Mr. Candela, I think since reference was made
specifically to you, I don't know whether you wish to respond at this time.
If you do...you know, Mr. Shepard made a statement that a commitment was
made by yourself as the designer, and that the commitment has not been
kept. Do you want to respond or not? It's your right.
Mr. Fanatto: Mr. Mayor, Ernie Fanatto is my name...
Mayor Ferre: Mr. Fanatto, as soon as Mr. Candela responds I'll recognize
you,
Mr. Hilario Candela: The reference that Mr. Shepard is referring to
was that in the design of the Convention Center years ago, when it was
designed, we made provisions to connect some day in the future to all
of the other blocks around it, The development proposal that he's referring
to in terms of that connection is what Mr. Gould is proposing., The
Convention Center has the capability to connect not only to that real estate
but also to the Dupont Plaza Hotel.
Mayor Ferre: Okay, Mr, Shepard? In other words, that isn't chiseled in atong
they can connect any of the.,.all right, Mr, Fanatto,
MT, k.rnie Fanatto Honorable Mayor, members of the Counission, Frnig
Fanatto is My ' �. P Y g. ,
name and I'm President of the Tax Payers i.ea ue Miami and
Bade County and 'resident of the Homestead Exem tion League in Dade Aunty:
Mr. Fanatto (continued): I have hears} Mr. Colson, and I've heard Dan
Paul speak, and let me tell you, you've got 2 of the best prepared lawyers
in Dade County speaking. And I don't think they're that much apart
amongst you people that you ran't straighten out. And Dan Paul made the
statement of all these flaws. I'm going to make a statement, i hate to make
it, what did you expect from a Planning Department Beard that you had
that has no knowledge in planning outside of Grace Roc.kafell.er and 2
or 3 other people. They're not qualified to make them and that's the
reason you have all these flaws that Dan Paul talks about. Now let's talk
about the stakes. They stakes are high here for the tax pavers of the
City of Miami.: When you have a $346,000,000 project and you have 50,000
jobs that means a lot to this City, w1-ien you perform a two fold purpose,
you'll employ 50,000 people and it will put $346,000,000 on the.tax rolls.
We need to put money on the tax rolls. We don't want to tax the -public
with theses here touri.;t t r :, 6usiness. If you want to drive the tourist
away and wreck the cconomy „" the City of Miami and Dade County, just
keepputing...... we neec. tourist. We have to appease them. Well let me
tell you something. I said this a few years ago before Dade County. Th
businessmen have got to prosper. If the businessmen don't prosper, we're
not going to have jobs. And when you don't have jobs, do you know what -
you're going to have'. Crime ,anti a lot of it. I said this 2 years ago
not since crime starter . So going to .'ask you folks to get together
with Dan Paul, Mr. Colson, and their parties and yourself. I don't say
that the Planning Board shouldn't offer constructive recommendations, but
they're very light. I think you folks are qualified as County Commissioners
to come in here and render a fast decision. The longer you take on this,
the less chancre it's, oing to go through. Let me just tell you something
else. Unless you vote to:;ny in principle, the State is going to say well
the City Commissioners have so muddied up, hasn't even voted. It won't
be binding because you're going to have to hear constructive recommendation
and constructive criticism thZat can put this project over. This project
must not fail because th:, City tax payers have their behind behind the
wall and they're broke. n. lot of the people are on fixed income. People
on small salaries, they can't afford to pay these high taxes. This is gvog
to help them to F,et out of it. It will decrease taxes, and I like I say,
_ give us 50,000 jobs. And I hope that the people who represent the
developer here will go ;.pack to the developers and say when this project
starts they'll give preference to the residents of the City of Miami and
Dade County if they're qualified when they give the jobs out. That's
the only way we're going to help Dade County. And let me tell you, you
hve to help yourself if you :.ant to help the City of Miami. Now you
folks...
Mayor Ferre: Thank you.
Mr. Fanatto: I'm going to finish up in a minute, Mayor. But let me tell
you something, you're not going to ... you have no other alternative but to
go on and okay this project because the City of Miami is in sem-bankruptcy.
I don't care whether you like It or not and they need to be given a hot
in the arm. And there's yo'ir chance and I hope you go through witty it.
Thank you, Mayor.
6
Mayor Ferre: All right, thank you very much Mr. Fanatto. Ladies and
}
gentlemen, my colleague J. L. Plummer just whispered to n:e, he said you
know, we're tolr.g to he Inero from 3 to 5 more hours on this item because
of the questions we're all going to have. I said to you that we'd be to
other items by 5:30. It's almost 5:30 and I disagree with my colleague,
J. L., but I've disagreed with him and have been wrong before. I think
it's going to be at least 2 hours from the looks of it that we're going
to be on this item. Now...
Mr, Plummer: That's on each project.
Mayer Ferre: I say this because there are a lot of people here on issues
that are not on the public record. I see Mrs. Mange is here. I see
Jackie Bell and Moses Florance.. The people from Wynwood are all here, and
I've just got to LvIl you this is a scheduled item, This is probably,
if not the most important, certainly the largest financial, economic
decision that this Commission has ever wade, and I just don't think that
we're going to be through, personally, until 7,30 8:00 o'clock. So I would„ ,
JAi
Mayor Ferre (continued): ,,gust want to tell you* you can wait and
then the Commission will hear you after, or we can defei this and we cdh
take it up dh Thursday$ your don -scheduled itetls, But we most cohtibue
on these hearings, So 1 just let you know, Okay, Now is there any —
other member of the public that wishes to be heard on items 2 or 31 Okay,
If hots is there.,,
Mir, Plummer: Seeing none$ Mr. Mayor, I would,,.
Mayor Ferre: Excuse me: Is there a motion then for closing of the
public hearing? —
(INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD)
Mayor Ferre: No, sir. I'm sure that the members of this Commission will
be asking a lot of questions which will give you ample opportunity, and
your clients, and of course, that's true of Mr. Aurell and his clients.
There will be a lot of questions asked. So is there anybody else from
the public that wishes to be heard at this time? If not, is there a
motion to close the public hearing?
Mr. Lacasa: I so move.
Mayor Ferret Is there a second? You don't want to close the public hearing?
Mr. Plummer: No, sir. As far as I'm concerned, we've only spoken to half
of the issues so...
Mayor Ferre: J. L., as you know, the procedure that we've always followed
here is after the process where the public speaks, the Commission closes
the public hearing and then proceeds to ask questions...
Mr. Plummer: If you are, Mr. Mayor, inferring that we're closing to close
the public hearing to that which has been.acard to this noint, I havP nn -
problem. But Mr. Mayor, as I reiterate, we've only heard half the story.
Mayor Ferre: Plummer, you've been on this Commission for 10 years. And
what I am doing here is no different than any other time on this Commission
when a public hearing on a serious matter comes before us. Now you know
that.
Mr. Plummer: Mr. Mayor, I understand where you're coming from and I will
be quiet. Thank you.
Mayor Ferre: There's a motion to close the public hearing. Is there a
second to the motion? Hearing none, this public hearing continues.
Mr. Plummer: I make a motion we take a 15 minute break.
Mayor Ferrer This public hearing is not closed. I will recognize any
member of the public that wishes to speak at any time as we proceed on this.
THEREUPON, THE CITY COMMISSION WENT INTO A BRIEF
RECESS at 5;30 P.M,, reconvening at 5;55 P9M., wl h all
Members of the Commission found to be present.
Mrs Clarkt Are the members being polled seperate or are they together?
Mr: Plummer! I can only assume from the article in which I read, that they
were polled individually.
Mr. Clank: Then there is no violation of the Sunshine law.
Mayor Ferret They can do it, you can't.
Mr. Plummer! Okay, that's the :answer. Mr. Fosmoen, how can I get a
press card? _
Mayor Ferret By resigning from the Commission and joining the press.
?±r. Plummer: That's the best offer I've had today.
Mayor Ferre: Father, what. I'm going to do if it's all right with the rest
of you, is when weget5 members here there's a strong move afoot by
Barry Peterson, and Dan Paul's recommended that we defer this. I told
him that I do not think there is a consensus for deferral.. I will, however,
a.:k the members of the Commission —in my opinion, there won't be a
consensus and then we'll continue in trying to hammer out these things. And
I think what We're going to end up with, my educated guess is that we're
going to probably end up coming to, I hope, agreement in principle, and then
we're going to have to come back at a later meeting, which means a week
from today hopefully, to get t'ne specifics tied down.
Mr. Plummer.: Will that agenda a week from today hold anything else?
Mayor Ferre: I wcul.d hope that it won't be a long winded public meeting but
just rather the specific wording worked out for all these things that have
been presented to us.
Mr. Plummer: Well Mr. iIayor, do you know my only problem there?
Mayor Ferrer What's your only problem?
Mr. Plummer: Somebody else had that same impression because this that
we`re hearing now is scheduled for 2:30 and immediately on the next thing
on the agenda is scheduled for 3:00 so there was 30 minutes dedicated to
this item on the agenda.
Mayor Ferre: Yeah. Well I think, I would hope that we will come to some
kind of a consensus for at least the majority of us, or 3 of us as to wnicn
direction and what order we want to give these 2 developers and I think
we're going to need....now,_can we get Mr. Carollo here? Mr. Reid, would
you tell Mr. Carollo...I know...he's`in something else, but this is such
an important iterr that we need to really have a full board here. Is he
coming? Okay. We're going to wait until we have a full board. Okay,
Joe, there was a recommendation here by Mr. Barry Peterson and by others,
that perhaps this might be the time to poll the Commission to see if there
is a sentiment for a postponement or a deferral while all of these things. .
and I would just like to poll the Commission, I will just start...
JANUARY 15, 1981
ist
84 JAN
r�
Mr, Carollo: Mr. Mayor, if I may before we poll the Commission on this.,,
'.Mayor Ferre: Go ahead,
Mt. Carollo: ..,I'd like to ask a question at this point in time. The
question is Simply, Mr. Mayo', is are there any members of the Commission
that have a conflict of interest in voting in any of these 2 projects?
Mayor Ferre: I think that's a fait question: And let the record reflect
that the question has been asked and V 11 wnit n few =econAq Mee {c
anybody wants to answer. Anybody feel that they have any kin oil a
conflict of terest?
Mr. Plummer: Are you going to bury anybody in Southeast? Financially or
physically? (LAUGHTER)
Mayor Ferre: All right, hearing none, then we'll proceed. I would like
to..,
Mr. Carollo: Okay then...
Mayor Ferre: All right.
11r.Carollo: Mr. Mayor, I would just like to point for the record, several -
things, since there is no member of this Commission that feels that they
are in conflict of interest in voting in anv of these uroiects, eGnecially
the later one that appears on the agenda. I'd like to read from a zoning
Commission meeting of July 24, 1980. This is in reference of a structure
for a variance at approximately 1617 and 1627 Brickell Avenue subject
to certain conditions. Ahd I quote, Mr. Mayor, what you stated. We're now
on item 12 which is the item that was given to that certain project on
the agenda. "For the record, since this half of this property use to
belong 'to -my father and ray family, and subsequently to my sister, and
since up until recently 1 vas the immediate next door neighbor, even though
there is some question as to whether or not I have any conflict, since
I had a conflict when the matter originally came before the Commission. It
would be, in my opinion, for me to all of a sudden to be able to vote on
this particular piece of property. And so that I would be beyond criticism
of any kind, I think it is best for me to recuse myself in this matter
that comes before this, Commission." The date on this is July 24th, 1980.
Mayor Ferre: Tell me where the similarity is Mister...
Mr. Carollo: Well 6 months later we're voting on a project, or we're going
to vote on a project that comes before this Commission which out of the
three blocks or parcels, if I may say, that Mr. Gould is going to be
building on, the southwest block of these parcels was sold this past
Friday an option. was exercised this past Friday, for $5,000,000 in cash.
Mr. Gould bought this parcel. Now this parcel was, a few years ago Mr. Mayor,
owned by your interest, yourself, and your father Jose, here in Miami. When
your corporation started going into bankrupcy proceedings, you lost
50% of that parcel to City Bank and Bankers Trust Company of New York, and some
of the other families interest in Puerto Rico. Mainly, the 'Ferre Funding,
a Puerto Rican corporation, Now, Mr. Mayor, if you took yourself from
voting 6 months ago because your family, your father owned a piece of
property at one time, you felt you apparently had a conflict of interest
then, 1 just find it extremely hard to comprehend, maybe because I'm new
here, I don't know. Maybe you can help me out with that,
Mayor Ferre; No, that's not the reason why you don't comprehend,
Mr, Carollo; i find it extremely hard to comprehend, Mr, Mayor, how in
a piece of parcel that was sold for $5,000,000 half of that money
apparently went to the Ferre Funding; Corporation of Puerto Rico, one of
your families corps►ration,you can say now that you don't have a conflict
Of Interest if not legally, morally, in voting on something like this,
Especially when there has been quite a few meetings, secret meetings
between yourself and Mr. Gould, You admitted another one today that
I didn't know about, in Italy. In Jacksonville with Mr, Gould and Mx,
Eaii in Miami,
1.
Mayor Ferrei Are you finished?
Mr: Carolloi Thatisone, Mr. Mayor. The other point that I would like
to touch upon and I'm surprised that we haven't heard anything from our
City Attorney on this since I recenly read him the paper that one of the
members of the Commission, Commissioner Lacasa, was going to ask for a
legal opinion on whether he could vote or not, since he has put a deposit
on a condominium apartment in Phase I of the Miami Center. And I still
haven't heard anything more on that except from what I read in the papers
that was going to be asked for.
Mayor Ferret All right. Is there anything else you want to say -into the
record?
Mr. Caroll.ot Not at this paint in time, Mr. Mayor. I'd just like to
clarify that.
Mayor Ferre: Okay. Since you brought this matter up, I think the record
should be clarified. The property that is involved in the. Dupont rhea
was indeed purchaseka by rty father in the early 1950's. In recant years,
and by that I would say, I guess it's been 3 years ago through a series
of legal proceedings, a group o£ banks, 16 banks as a matter of fact-,
including Southeast, %;,2re involved in a procedure whereupon in satisfaction
of debt, the corporation that my family control] ud,lost any title to that
property. 50% of the property therefore, belonged to a group of banks.
The other 50% belonged to members of the Ferre family in Puerto Rico that
we in no way are involved with financially. 1, or no member of my
immediate family, including m} father ,sister, wife, or any children have
any finazicial involvement or connection with any of those corporations
directly, or indirectly. Furthermore, since the property was recently
sold, and therefore, even my cousins and uncles are not —are no longer
involved, I don't rind that I have any particular interest because of that.
Now, what is the difference between that and 1627 Brickell Avenue? The
difference between 1627 Brickell Avenue and this is that in that particular
property} I did have a financial interest in the property next door. And
at the time that this maatter was being discussed, I had not been fully
paid. obviously anything that were to happen at 1627 Brickell Avenue
would affect me personally, financially, even though I had no ownership
in the property. And since my sister and my father had owned the property,
and since because the fact that it could be construed that there was a
debt pending by the buying corporation that obviously it could be
interpreted that indirectly I would have a conflict. I have absolutely
no such conflict in the Dupont Plaza. I'm glad you asked the question
and gave me an opportunity to clarify it for the record.
Mr. :.acasa:Mr. Mayor, since the question was raised concerning the
possibility of conflict of interest in my situation, I'm going to ask,
for the record, Mr. Knox, I have entered into an agreement with the Miami
Center, and have made a deposit to bray a condominium unit in, I guess it's
Phase I of the Miami Center. Does that fact, in your view, could result
in a conflict of interest if I vote in this situation before us today?
' Mr. Knox: The answer to that question, Commissioner hacasa,`is that it
would require a determination as to the answer to that question is primarily
to be made by the individual himself or herself. Now what I will do
is read into the record those provisions in tale Charter and Code that
relate to conflict of interest. The first revision is Section 4(c) of
the Charter which provides, amotig utl►er things, that no Commissioner
or other officer, employed, vt said City shall accept any frank, free
tickei, pass, or service dire(Aly, t)r indirectly, from any parson, firm
or corporation upon rojimi more Invorahle than are granted to the public
generally, And it ends by saying any violation of the provision of this
section shall. be a misdemeanor.
Mr, Carollo; fxcuse me, George, does that include the Norway?
Mr., Knox; The second provision relative to conflicts of ntor�st is
Section 2-303 of the Code of the City of Miami.. Every officer, official
or employee of the City including every member of any board, commission
I
fit. Knox (continued). or agency of the City is expressly prohibited froth
accepting directly, or indirectly from any person, company, firm or
corporation to which any purchase order or contract is or might be
awarded, any rebate, gift, money, or anything of value whatsoevet, except
where given for the use and benefit of the City. The third provision in
the City Code which relates to conflict of interest is Section 14-36,
No board member, not any employee of the board shall vote or otherwise
participate in any matter in which he has a financial interest, either
direct or indirect. When such interest shall appear, it shall be the
duty of the board member of employee to make such interest knot;n and he
shall thenceforth refrain from voting on or otherwise participating in
the particular transaction involving such interest. In order to resolve
the question of whether or not the facts as you described them will
constitute a conflict of interest, it may be necessary to state whether or
not you have any financial interest, direct or indirect, in this —
transaction. And second, to represent whether or not any interest that
you have of any kind would render you incapable of making an objective
judgment relative to the matter under consideration. As we provide in all
legal opinions, we suggest that City Commissioners and public officials
should avoid appearances of impropriety.
Mr. Lacasa: Thank you, George. i=or the record, the interest that I have
in the Miami Center, Phase I, is apt subject to the outcome of any other
phase of the Miami Center, of any other Ted Gould activities in this
particular area. As a private citizen, I put a deposit on a condominium
unit at the list price, open for the public, on the same terms and
conditions under which any private person, or any person whatsoever could
have bought the unit for that particular project. The outcome of this
other phase does not have, to my knowledge, any bearing whatsoever.in my
relationship with the Miami Center as far as a seller -buyer relationship.`
It does not affect in any way, shape or form the price that I am supposed
to pay at the time of the closing for the unit in which I have placed
my deposit. Consequently, I feel that I have no particular financial
interest in this affair, And therefore, I do not believe that I am in a
conflict of interest. And unless otherwise ruled by the City Attorney,
I do intend to vote on the issue.
Mr. Carollo: George, before another 6 months pass and we all tend to
forget what was discussed here, I'd just like to clarify something that
the Mayor expanded upon. If a year from now, 6 months from now, 2 years
from now my cousins decide, or my uncle, decide to go into the real estate
business, maybe develop some real estate parcels in this town, does that
mean I could vote for whatever they'll bring up before this Commission
for a variance as long as I don't have no interest, financial interest
involved?
Mayor Ferre: Directly or indirectly,
Mr. Knox: As long as you indicate on the record that you don't have any
interest, financial interest, direct or indirect, and your interest in your
family member would not be so substantial as to render you incapable
of making an objective judgment, tnen the conflict of interest law does
not prohibit you from voting on that matter.
Mr. Carollol So as long as I allege that I have no indirect, or direct,
interest invovved, I could vote for any other member of my family that's
not immediate family for anything that comes before this Commission,
Mr. Knox: Your statement would be presumed to be valid until proven otherwise.
Mayor Ferre: And for the record, furthermore, I'd like to point out that
it's a moot point because to the regret of my uncle and cousins, Mr, Could
exercised the option to buy the property at a price which, in my personal
opinion, is 50 cents on the dollar. And they were very anxious for
Mr. Gpuld not to exercise his option because they had offers of purchase
for the property at twice the amount:, And i think my uncle and cousins,
and I told them so, were Very foolish to sell the property at the price
they sold it for. But that is neither here nor there, They sold the -
property, They are now out of the picture, They have made their profit
JAN 1 �� l
Mayor Ferre (continued): and they ate no longer int'ovled directly; or
indirectly9 in anything that is involved at this point. They have
been fully* paid, as I understand:
Mt. Plummer: Father, aren't you glad you and I are poor?
Father Gibson: Boy, you can say that again. I can sleep tonight.
Mr. Caroll.o: Very gc..)od, Air. Mayor...
Mayor Ferre: Now we can go on...
Mr. Carollo: Tin just glad that you don't have any financial. interest
invovled in that. And I was just a little surprised for someone that
didn't you were so much up to date on what your family could have gotten for,
not have gotten for in this point in time.
Mayor Ferre: Are yor.i through with your sarcastic and cutting remarks?
Mr. Carollo: Olt, 1'r,. not being sarcastic, Mr. Mayor. I'm bring very, very
sincere, sir...
Mayor Ferre: I..,
Mr. Carollo: I'm just a little fed up with seeing of your J.R. type of
tactics, that vou'r playing with the City, sir.
;flavor Ferre: Mr ... I don't think that's worthy of a response, so we'll
proceed now with Ohe issue before us.
Mr. Carollo: I'm sure you won't.
Father Gibson: Mr. ;Mayor, I want to ask a question.
Mayor Ferre: 1 think, Father, I'll recognize you but what I'd like to
do is get a consensus here as to what the will of this Commission is
regarding the issue r�s to whether or not we should continue this or
whether we should proceed in duscussing this matter further and coming to
a conclusion. All right, so we'll start with the oldest member, Mr. Plummer,
and we'll. start with you.
Mr. Plummer: Mr. Mayor, I'm not, at this time, ready to move for, against,
anything. I'll reconsider just before the 11:00 o'clock news but at this
time, I'm not ready to make any motion or vote on any motion.
Mayor Ferre: Father Gibson.
Father Gibson: Mr. Mayor, I have a question that bothers me. Some time
ago, when Southeast came before this body, I made it crystal clear to
the public, I made it crystal clear to Southeast, I made it crystal
clear to Mr. Gould, and I. think thatcoverseverybody. Southeast, Mr. Gould,
and the public. That I did not think it was right nor fair to be pursuing
that for Southeast to be pursuing their project contingent upon
Mr. Gould's acquiesence. I made that clear, I told this Commission there
was an awful danger. And what substantiates my position even further is
I heard some things in our meeting yesterday that floored me, Air rights
certain restrictions in deeds, that bothered me, What I heard, Mr. Paul,
was this. If we don't get what we think we ought to get, then we're going
to shoot the gun, I warned the Commission that and that to me is distressing,
It's not fair, it's not. right, How many of you on this Commission heard
me address that issue some weeks or months ago? I made it crystal clear
that I didn't want this project contingent upon your project. And you know
what I heard here, even this afternoon, now evening, is the kind of a dealing
that I begged you All not to do. Mr, Paul, ask them, I said to them,
way back then, Mr, Architect Dean, I said, you all get together and don't
do that to this City, T warn to tell the public where I am, I'm ready
to vote to tell you go do. start with the urtderstandtng that you have to
coime back here and I must decide whether you're going up 25 stories against
TO stores because I don't think based on whet I've hard and what you have
ist e,+. lei i+ • *1
R
Father Gibson (continued): led me to believe all these months, I don't
think I would be fair to this public, based on what Ernie Fannato saido
we need the development; plus we need these jobs around here. I want to
take a page out of the Mayor's book, We have the greatest capacity
in this community to stop things from happening, You didn't know I
remembeted that, did you! Oh yes. I remember a lot of things I don't
let you know I remember. I just wait until the opportune time to repeat it,
Then you know T remembered. Now, ladies and gentlemen, I am troubled that
we have to make the decison tonight. You know, I want to tell you
something. I'm not a fool. If your client thought this was really important
and that he had to be here bargaining, Italy? I've been to Italy, I've
been to Italy. You know that's a long long way from here, You start
eating in the evening, you know, you just eat, eat, and drink, drink, drink,
you know, it's a long way. That lets you know I've been there, Okay?
That's his right. But I don't think I ought to let his privilege become
the right of another person Now I don't know how my fellow Commissoners
reason. Then I heard something else that really really got...air rights
And do you remember when you wre here last? You were talking about whether
you go up on a certain level so you could tie in over against a certain
other level so you could tie down. Do you remember that? Right. You
didn't pay me no mind. -Not you, your client didn't pay me no mind. I
am disturbed. I. want to vote tonight, right now this avening. I want
to vote ,on number one, and incidently Mr. Paul` I want to make you hold,
I hope Mr. Reid, since you are the professional, that you know all the
tricks of the trade. Okay? I don't. I'm assumming that either Southeast
project is a good project as a whole, and that there are just certain
minor differences that need to be met, or Southeast project isn't good.
Now, if the atmosphere is right, if they are conforming to what ought to
be totally, then these people ought to be able to proceed while Mr. Gould
is praying in Italy. And then when Mr Gould starts praying in Italy, come
back and tell us what he's going to do. The atmosphere ought to be there,
the conditions ought to be there, and we ought to be able to proceed. I
like that term you used earlier. What was that term? You used the word
that wasn't in your agreement.
Mayor Ferre: Promenade
Father Gibson: Promenade. That means walk way for everybody is that right? That's
what promenade is? Yeah, I like that. I always thought the streets, as a
whole ... you know, if we're going to give hem up, this is the way we've
been deciding down here and I don't know why the rule changed tonight, or
this evening or this afternoon. That all of a sudden the street belongs
to some individual. I promise you and God, I will never vote for nothing
where you own the street because I want to have the right to walk there when
I get ready. Now, if we were giving up the street, this is the way
we've been deciding down here now. I don't know how we changed so quickly
and easily. The best example is where Grove Towers is going. Do you
remember that experience, my fellow Commissioners? Do you all remember
that? Grove Towers is the best example. They had an alley way there and
even though they wanted to build, in order for them to be able to utilize,
we had to agree to give them back that alley. Do you remember that? The
record is replete. So Mr. Aurell, please tell Mr. Gould, I'neodore Gibson
said, as long as he is here on this Commission, and I'm going to be here
until November, that I ain't., not I am not, I ain't giving up the public
right of way. And that I intend to put the stipulations in about what's
going to happen to that public right of way, I want to make one further
comment. If we let him do that, then... do you remember that argument
we had with..,what is that mans name up by Trinity Cathederal?
Mayor Ferre: Ted..,
Father Gibson: Ted Rollo, Yeah, I warned this Commission that one of
these days Ted Rollo Is coming down here and talk about air rights over
At the QMNI, Do you remember that? Do you remember that, Plummer? Okay,
So you know that nobody_ coached me, I just stayed here long enough And
learned my lessor: well,
Mayor Ferro; All right, Commissioner l.acasa,
is 0 JAN 1
lit, Plummer: Excuse me. Did l hear Father indicate in this straw?
Mayor Ferre: His statement, in my opinion, very clear. He wanted to vote
on this tonight.
Father Gibson: I want to vote on number 1.
Mr. Catollo: No, number 2. item number 2, right?
Father Gibson: I`ll decide on number 2 after I vote on number 1.
Mayor Ferre: I think, Father, what you mean is item number 2.
Mr, Carollo Item number 2 because the other is number 3.
Father Gibson: I am sorry. Please Lord, forgive me. I am talking about
resolution affirming with modification a development order for the Southeast
Bank Financial. Center, a development of regional impact, to be located
at the Dupont Plaza in Downtown Miami per section 380.06 Florida Statutes.
City Manager recommends.
Mr. Plummer: Youtre absolved.
Father Gibson: Listen, nobody could misunderstand that.
Mayor Ferre: A] 1. right.. Now Mr. Iacasa.
Mr. Lacasa: fir. Mayor, my position is as foilows. I believe that projects
such as the one that we are considering today are essential for the City
of Miami.. Bascially, this is what is making this City a great City. Basically,
this is what has kept this city out of the recession pattern that has
affected the country. As far as the controversies here, basically, I see
two major problems. One is the question of traffic and how does traffic
impact these two projects. For that particular purpose, we have technical
assistance of several, not one but several including our own agencies,
governmental agencies, and I am no traffic engineer, so I will have to
rely on their advice. And their advice has been loud and clear as far as I
am concerned, today. They claim that there are no traffic problems that
cannot be solved through the implementation of the plan that has been
presented to us. As far as the second major quE!'tion which is the
discrepancy between the two developers concerning the so called promenade
or gallery, or what have you, my position is very simple. If there is
a City interest, and that would be some kind of public facility that could
be built to connect the buildings and this could be built, I welcome that.
If there is a commercial enterprise, then it has to be completely up to
the principals, whether or not they want to joint venture into that type of
operation. As far as I am concerned, I have a reluctancy to impose_
governmental red tapes and limitations upon owners of property. I feel
that if these developers are complying with the regulations of the City'
of Miami, as far as building is concerned, and they want to have their
project independent, or at least one of them have to have his project
independent, that is his privilege. I would welcome whatever type of
compromise they can make if this is going to benefit the, City and the public,
But I am certainly not for imposing undue restraints on the free use
of the property of any one in the City of. Miami. In my remarks, so therefore,
be understood that 1 am ready, willing, and able to vote today on the 2
projects. And that I feel that this City Commission should vote on the 2
projects, and my reasoning is this. One of the major attractions that this
City has is the perception by developers, not only locally, but outside the
City of Miami, that we. have a progressive understanding, business oriented,
local government which does not use its authority to create stumbling
blocks on the part of those who want to develop and make contributions
so substantial as the one that we are seeing here today to this community,
And I feel that my responsibility is to see that the laws and regulations
f h Ci f Mi i d th i t e t of the ublic is served a d at the
o t e ty u Kim an e n of s _ p n
same time that we do that as expeditiously as possible so that we can
continue to have that kind of perception among people that come to contribute
to reenforce the economics in this community, Including that of the City of
Miami through the taxes that these buildings are going to be paying to the
4
Mt. tacasa (continued): City of Miami. Sometimes I question the good
faith of very important factors in this community: And as a good ekatplei
is the Miami Herald. That if it were up to themy we would be living still
in a very small village and the property and the right to property of the
individuals in this community is at their disposal if we were to follow
their editorial line: And taking advantage of the fact that we have such
a distinguished audience here today, I would like to refer back to 1962
or 61, or thereabouts, when the Miami Herald Building was built. We talk
now a days, and this is a very interesting thing. We talk now a days,
and the Miami Herald sponsors view corridors, set backs to preserve our
watetftont, to dredge the bay is almost like killing a thild_and to fill
the land is a major crime, lour items Z have brought up here so you can
see the hyprocisy. I have here official copies of the City of Miami where
the Miami Herald, with the permission of this City Commission, came here
asked, and got permission to fill the bay to dredge the bay, not to maintain
view corridors, but to close 2 streets, public streets in the City of Miami
which denied access to the public, to the waterfront. They did not
preserve the waterfront. They closed two streets to build that cement block
that they have there. And among other things, in this Cizy that they want
to keep so beautiful. for commercial purposes and this is all a matter of record
here. I have photocopies of all this, they got a variance to put a 1,200
square feet at the Miami Herald which required a variance from 200 that
was allowed, to 1,200. This is 6 to 1 proposition. And I submit to you
that while they all can do that, nobody else in this community can come
here and request a variance, can contribute and if you want to call it _
double standard, that's what I call it. Double standards. And do have
the privilege because they have a publication that comes out daily at the
rate of 500 or better 1,000 a day, 365 days a year. This doesn't move
me a bit. This is the truth. I don't have any problems with the
Herald building. I do not intend to propose that it be torn down or
that it be opened so that it could have access to the bav for the auhlic
so it could have: view corridors or setbacks of 50 feet from the waterfront
because you all :now that it is right there, or that the bay should not
be dredged, and it was the submerged land, property of the City of Miami
incidently. Not theirs, but the City of Miami's submerged land property,
the one that was dredged. Not that. They filled the land as they did.
I wasn't here then. But it really is interestingtosee how sanctimonious
how they can be with other peoples property when they are so liberal with
their own. So, to make it short, I am more than willing to vote on the 2
issues here before us today. I hope that we'll do that, it's for the good
of the City and I would be very proud to live in a city that has things
like this, and the one I'm sure Mr. Gould will also build.
Mr. Plummer:- And besides that, they went up a pickle on their daily
paper. (LAUGHTER).
Mayor Ferre: At this point, obviously, it's the consensus of at least
3"members that this item proceed. Mr. Carollo, if you wish, the chair
will recognize you for a statement. If you want to make it, or not make it,':
it's up to you.
Mr, Carollo: Thank you, Mayor Ferre. I don't think, like the old saying
goes, that 2 wrongs makes l right. If we had 2 streets that were closed
down as Commissioner Lacasa stated, by the Miami Herald when they built
them' building back in 1961 as he stated, I'll be very frank with
this Commission and this public, I don't think this is any where near
any where near as bad as individuals that worked in 1960 and 61.when
this building was being_ constructed with a Minister of Labor of Communist
Cuba helping to confiscate which is what the Minister of Labor in Cuba did,
American property in Cuba, and nationalize it. That's my comment on that
subject that was just touched upon, As far as what my. feelings are on the
dispute that we have here, I think, number one, that this should be looked
upon, without a doubt, as 2 separate projects, in fact, ft maybe should
be looked upon as 3 Separate projects, the Southeast Project, 2 buildings
that Gould to going to build, and the garage aB a third project, My
biggest concern tonight, is the concern that I think a lot of you gentlemen
here share tonight, and that's the traffic situation that were going
to end up with there. You go to downtown Wamt today in rush hour, i•t'e
a nightmare getting out of there. Just like it is now, Can you imagine
tot J� �.
Mt. Carollo (continued): when yoci have Phase I of the Miami Center
going up? Phase II? -Convention Center, Southeast; scores of other lesser
density buildings that are going up. If we don't come to grips with that
now, instead of Miami becoming a truly, dynamic and example of urban
greatness, we're going to be an example of an urban mess. That's my biggest
concetn now. I will be willing to considet�, I will be willing to consider
in voting for Southeast project today, but I want to see before I do that;
some concessions. Mire than Southeast has offered up to now before I will
give my vote to that one ;project going up, I don't know, if Mr. Gould is
going to be able to go through with a lot of what he has stated he would like
to build there. I don't 1•nc.w if he will get the variance for it. So I just
want to look at Southeast and just that one project. And if we would get
more compromises than we have up to now, that some of our exerts, not only
in the City but at the Planning Council, would satisfy them a little
more, I would be willing to consider Southeast tonight, I cannot be willing
to consider Goulds project for many reasons, some of them including that I
feel, like I think some other members of this Commission and a lot of
members of the public, that he has been taking an attitude that is not the
type of attitude that not only people in this Commission expect to see, but
I don't think the public either. 14ken you are in the process that Southeast
and Hollywell have been in, end you throw more fire into the wood claiming
that even the air rights are yours. my God, where are we going to stop next?
Before you know it, ttie Conve,ttion Center is not going to be the City's either
and we're going to have to move our 'office somewhere else from Dinner Key.
1 can just see condominiums going up here too. Or something else, office
buildings. The point given is that the biggest problem that I have with
parts of Mr. Gould's project are that the main entrance that we have to
downtown Miami ncw, unless something is changed in the future, ano if he does,
it's not going to be anyti,:e soon, is the Brickell Avenue bridge. The -
minute we cross that. bridge we're in downtown Miami. And if we're going to
be agreeing to have a 4,000 plus parking garage, a concrete jungle that's
going to cover that whole block from one end to the other with all kinds
of ramps and lanes, it's going to look worse than a monoply game of cars. I
don't think that that's what we want to see, or want our tourist to see.
That's the first thing they're going to come to when they come toward
downtown Miami. So these are some of my reasons, as I stated here, for
feeling the way I do. And if our experts, people from the Regional Planning
Councils, they're still here, if you can get some additional compromises
that would help solve the traffic problem from Southeast, I would be willing
to consider voting for the Southeast project tonight.
Mayor Ferre: All. right. Mr. `Peterson, since obviously ,that refers to
you, perhaps you might want to come forwcrd. Even though, as I said previously,
3 members of this Coumilssion voted or stated in the —my request of their
opinion that they would be willing, and wanted to vote on item number 2 before
us. Now, as I interpreted your words and when I sat on this item when it
came up before the Southeast. Regional Council, and as I've read the order,
and Mr. Reid, and all the staff work that has been done by the DDA and
the City of Miami and you. The crux of the matter, the real essence of
the problem is in how we deal with both pedestrian and vehicular transportation.
Now, is there any way, or do you feel that if we vote as has been recommended
by 4 members now, I'm sorry,3, namely Plummer, Gibson and Carollo...
Mr. Plummer: You're misreading that vote but go ahead for the purposes of...
Mayor Ferre: ...to vote for Southeast as has been presented with some of
the modifications, and then rot vote for Gould that that in any way
alleviates some of the concerns and problems,
Mr. Peterson; It wouldn't from the respect of the Regional Planning
Council, sir,
Mr. Plummer: Would not?
Mr. Peterson; No, sit,
Mr. Plummer, Why?
Mr. Peterson; Because although I respect the opinion that a number of
1
V
fits Petetson (dontitiued)t you exptessed that they are totally separate
and if we really treated them separately..,they aren't totally sepatates Theyltt
too intricately linked.
Mayor Fevre: You mean from the point of the view of the roads. In other
wotds, if roads could speak and the cats cotthe out, or people walk across
those streets, they don't really distinghish as to where that cat came froth:
Mr, Peterson! That's true. But I think as we told the applicants when we
met with them in .tune of last year, it would be disregarding our obligation
as public servants, I'm talking about Southeast specifically, to pretend
that we could treat that block and close our eyes to what is going to
occur on the other 3, and on the Ball Point property► That would be like
playing a fairy tale. We have to expect that there is going to he traffic
and people generated on those other 3 blocks and on the area to the east.
Mayor Ferre: All right, Mr. Carollo, since your statement was in reference
to that, I don't know whether you have any further questions or statements
on that.
Mr. Plummer: But Mr. Mayor, that's this gentleman's opinion. That doesn't
make it so.
Mayor Ferre: J. L., I know that it doesn't, but Carollo conditioned his
statement based on he said the Southeast Regional gentleman, if he's still
here. That's why I called him up in reference to that statement, he may
have a question.
Mr. Carollo: Thank you. Mr. Peterson, would there be any additional
compromises that you would feel would be in this City's interest to solve
the traffic problem that we're all hoping to avoid in the future, that we
could come to grips with the Southeast people tonight. In your opinion, _
what additional areas can this Commission try to acquire that Southeast
would agree to as a compromise for them being able to get the green light
from us today.
Mr. Peterson: Right. I want to preface my statement by saying that what
I say is also controlled by what my board has said, so I'm not just
conveying my own personal opinion. I'm conveying the opinion of my board.
Mr. Carollo: Right, sir.
Mr. Peterson: I think at this time, the only way I could respond to
your question, Commissioner, is to say that you would have to go back to
the recommendations that my board made to you. I don't know whether
you've seen those or not, but they are significantly different than what
your staff has proposed to you and what the applicants have proposed.
Mr. Plummer: You're speaking of this document?
Mr. 'Peterson: Yes, sir, The back end of it.
' Mr. Plummer: We have seen it, sir,
Mr. Carollo: It was given to us, sir. Mr. Mayor, may I ask a question
of Mr. Colson?
Mayor Ferre; Go right ahead.
Mr. Plummer: Well excuse me, have me made a ... the first plateau, that
we're going to proceed.
Mayor Ferre; We made that first plateau after Lacasa talked when 3
of you said to proceed.
Mr. Plummer: Okay. All right. I just wanted to make sure that was
behind us now.
Mr: Carollo: Mr. Colson, after you n1l had made your blueprints and
your plans to have your building, it was said after when Mr. Gould
decided to make the two towers in the shape that he is proposing now to
us, or did tie propose it at the same time before you had your plan
under works? -
Mr. Colson: I represented to you, and I do again, that our plans were
in place and were shown to their architects before his plans were drawn.
We announced, and I've got the schedule going back many many months ago,
but we showed those to them first.
Mr. Carollo: Thank you, �;ir.
Mr. Colson: May I comment can what yr. Peterson said?
Mr: Carollo: You certainly can, sir.
Mr. Colson: I'd like ycu to understand. I think you have a very
legitimate concern. Will the R:-at:.onar Planning Councils interest. be
protected in the future? As a ztatL r of procedure, under law, hopefull},
that you all will approve. —Regional Planning Council approved us subject
to conditions. Mr. Peterson's Board. Your Planning Advisory Board has
approved us subject to other conditions. Your staff, Mr. Reid, has
approved us subject Lo conditions. Now, we're asking you tonight on our
project to approve us subject to conditions. We're willing to live with
the conditions that have been imposed by Mr -Reid as a recommendation
to you. But we want you to knew, that tomorrow morning we have to go
right back to Mr Peterson and that he has 45 days in which to recommend
whether to at;peal o;: disagree with the action of this City Commission. And
the recommendation Lo appeal would mean to go to the Cabinet of the State...
first we go back to his board so that we have to go back to his board.
We have to take what he's asking for and discuss that, again, with his
board. So I want you to clearly understand that Mr. Peterson has plenty
of say so. And he understands that, we understand it. His council has
plenty of say so. he then, if they vote to appeal what you do, then we
have to go to the Cabinet of the State of Florida. But the impertance of
tonight is at least it gets those elements running. It starts the 45
day period. Those days, because it cost our project alone over $1,000,000
in loss, let me also point out that because the Regional Planning Council
found that we alone, just our impact, and of course the other one has
an Imprct too but after you take the new services to our project, we have
a 2,250,000 million dollars a year positive fiscal impact in the payment
of taxes to the City of Miami and Dade County. You can do all -you want
to do in the next... Vve got a chart, if you'd like to see them, of how
much money just ours would amount. You can more than pay —you can start
wiping out crime with the an,ount of money that is going to be brought in
when you put in both centers. I mean, when you go with the other it really
is an important thing. It will cost $200 a month if we...in delay of
taxes we're going to have to pay when this project is finished. And I just
think...please vote tonight anu understand, we've got to go back to the
Regional Planning Council and they may even send us to the Cabinet of
the State of Florida. But time is of essence.
Mayor Ferre: All right. As a matter of fact, that was my next question.
Mr. Peterson, are you still here? Mr. Peterson, if this Commission votes
on either/or, or both of these projects separately or together without
taking into account the things that you have stated, would it be your
recommendation to your board that this matter be appealed?
Mr. Peterson; At present, yes, sir. And I don't ... I don't like that
alternative. You know, the council has that sort of thing but I would
much prefer the decision making stay with the City,
Mayor Ferro; Obviously you cannot stipulate and nobody can whether or
not you would have the votes an the South Florida Regional Council for
an appoai, But judging from your past record, I imagine that you get
94
All 1
J
Mayor Ferre (continued): the votes as you did on Watson Island and
on other projects. But that's speculation, I don't know, I think the
point in all of this, and basicallyi I guess I'm talking to Hood, and to
Bob and Bill, to the Hines people; what concerns me the most in this whole
process is not whether or not you and Gould can come to an agreement, I
think you're going to be able to come to an agreement, What concerns me
the most are the forces that are at play, some of which we know about, and
others which we don't know about that really don't want this building
or the Other for various reasons, to proceed. And there's so many factors
in this whole thing, in the pr-)cess, whether it's an appeal to the Cabinet,
whether it's a legal proceeding to enforce this, or enforce that, whether
it's the tenuous balance of transportation, the solving of transportation
problems: Hood, when you and I talked about your building your building more
than 10 years ago, ,you're answer to me was then, and always has been, I will
not spend one cent of the banks money until I see a clear cut transportation
solution. Now, at best, at best what is ahead of us is a very very
difficult road because if indeed the transportation solution of which you're
not totally happy with, I might reiterate to you. It's going to cost
$24,000,000. I'm sorry, $15,000,000. And the private sector is going to
cost how much? 3? t,'hat's the total, $18,000,000.
Mr. Plummer: Plus the people mover.
Mayor Ferre: Forget the people mover. $18,000,000 in road system, okay
of which we hope to get financed by the State. Now that requires action
on the part of the Governor first of all, then the Legislature. Or it
requires a redefinition of the tax increment financing package, both of
which I hope we get. But, none of which anybody here can guarantee, and if
you look at the past record of the Florida Legislature, I don't think
that. the odds are that favorable or that building would have been underway
a longtime ago. Because there have been a lot of governors that have made
commitments to you, and a lot of Mayors, and a lot Commissioners, and a lot
of public entities that have made commitments that have never happened in
the last 10 years with regards to that transportation problem. With that
kind of a record, I think we have at best a very difficult situation. Then
we get into this whole question as to what kind of an instrument is going
to guarantee this ching and whether or not we're going to agree to it being
almost full faith and credit and on and on and on. And then you get 4.nto
bond counsel and legal —so I'm saying, that even if everybody were in
agreement, we've got a long difficult road ahead. Now, that being the
case, it seems to me, and I completely disagree with the Miami Herald's
statement about that there has been no cooperation. That's so ridiculous.
That's typical of the kind of editorials that come out of that paper that
are not based on fact. You know. Because they don't bother to find the
facts. Now, there has been cooperation. There's been a'tremendous amount
of work now. Of course everybody has been jockying for position'trying to
im rove each ones sit ati Th '
p u on. at s reasonable, and that happens thank
God in a free economy. But the point of all of this is that here we are
with a long difficult road ahead and I think what you did this morning in
this meeting and what's happened the last 24 hours to me, is a major major
break through, Barry. And I think what's happening is 2 things. That
we're trying to read an awful lot of negatives when there are an awful
lot of positives at the same time. And number two, that I think that
typical of the tradition of. this City and of this community, we're following
the patterns of making a lot of decisions based on who and not on what.
I think, I think if we were to eliminate from our considerations names, in
other words, wlio, and just concentrate on what, and really tried to think
this thing through In a logical way, 1 would hope that out of the
Proceedings here and it's getting awfully late, if we can come to some
basic understanding and agreement, and agree, hopefully, to proceed
and that when we agree to proceed, we come back maybe on the 22nd, and if
not, I'll call a Special Commission Meeting before the end of the 30
day period that we have so that, hopefully, you'll be satisfied so that
you won't have to recommend an appeal, and so that we can end up with some
kind of a united front here between the City and Southeast, and Dade
County and the State Transportation, and the 2 developers. And I think
that such a proposal is totally within the realms of possib]ity, And
further, and this is the point I wanted to make, that if we .don't do
it that way, Mood, I think that this is such a delicate situation, which
Mayor Ferre (continued): you yourself, as you expressed to me last
Friday, ate totally sure that you want to proceed withs Such a delicate
balance, that what's going to happen here is that we're not going to make
it Unless we try to proceed in a systematic, discipl.ined, organized, hopefully,
united way. Now, to .achieve that, I think we need to maybe make some
breakthroughs, hopefully, tonight. And I as +?d Roy Kenzie to try to
see if there was any kind of a compromise that could be worked out and
he's been talking to some of you and to some of the Hollywell people. And
Roy, why don't you now conic up and tell us where....
(INAUDIBLE BACKGROVIND CO,%u•GSENT PLACE OUTSIDE OF THE PUBLIC RECORD)
Mayor Ferre: I can't hear .Vou.
(INAUDIBLE BACKGROU. D PLo-ACI:D OUTSIDE OF THE PUBLIC i2ECORD)
Mayor Ferret All right, Bob, why don't ,you and Roy see if you can resolve
that for whatever it is, Ancl maybe we ought to take a 5 minute break
because if we can come to some kind of a resolution on this, I think we'll
be able to proceed aiid art confront all the negatives that I perceive is
going to happen.
THERFUPON, TIJIE CITY CO7,LMISS ION BENT INTO A BRIEF
RECESS at %:3.C, P.M., reconvening at 7:25 P.M., with all
members of the Ccnu^ission icund to be present.
Mayor Ferre: Mr. de you i,•ant to do this on the microphone for
everybody's benefit'
Mr. Roy Kenzie: Mr. Xlnyc:r, twi„hers of the Commission, the items I have
been working on : ddre �;4-,s tt7,�riselves to the question of the pedestrian
promenade that could t.:.is; the 2 projects, Southeast Banks Building,
and Miami Centers t offi.cc towers along 3rd. And there are several
items to this. Number ouo , :it's agreed upon by each party, Southeast and
liollywell, that a pedestrian promenade will be constructed at a second level
between Southeasr and ;iz:rei Center. Second, that a special assessment or
benefit district will. be created to fund the construction and continuing
maintenance of the promenade. Third, that a design study design drawings
will be funded on a 50-50 basis between both parties. Fourth, that the
promenade from property line to property line over the City street would
be publicly awned, and that if there is any claim to ownership of the
air rights above the public street by either party, that they would
relinquish those claims Lo the City and the City would own that property in
the future.. That the questions of the design of the plaza and the votes
on the design of the plaza, and the structure of the assessment district,
and the amount each would pay in participation be left for consultation
and agreement, working with the Commission towards the next Commission
meeting. And finally, that the development, all of the development in
the 4 blocks would be used as the basis of assessment, And we recommend
that you approve the development orders with the caveat that this one
item be worked out and come back to you at the next Commission meeting
for approval of that iteri.
Mayor Ferre: All right, now I think we're making some headway now. I'm
going to ask you to repent. what you ,just said in a briefer version because
both Traurig and Colson were out of the room when you started, and I want
them to hear it, J want Mr. Aurell to hear it, I want Barry Peterson to
hear this, Even though l don't expect for him to come to a conclusion at
this point, but I want you do,,.1 would hope that we could use this as
a vehicle now to move, So I want you, especially the lawyers now, to listen
to this carefully to mike sure that we..,
Mr, Kenzie: Okay, It's agreed upon by each party that a pedestrian
promenade will be constructed at the 2nd level between the 2 projects,
Second, a special assessment or benefit district would be created to
fund the construction and continuing maintenance of the promenade, Third,
that a design study would be funded 50-50 to design the promenade, Fourth,
that the promenanc'e would be publicly owned and that any rights the
r
Mr. Kenzie (continued)! property owners would have to the spates in the
air rights above the street where the promenade would be built, would be
relinquished to the City. That the design of the plaza and the structure
of the assessment or benefit district would be worked on by both parties
in the City Commission staff within the Next few weeks towards the next
City Commission. 4That is that, a week?
Mayor Ferre: The 22nd,
Mr► Kenzie: 22nd. To come back to the Commission for approval. And that
all the development within the 4 blocks would be used as the basis of
the assessment. And that we recommend that you move on the orders with
that condition,
Mayor Ferre: All right, now wait a minute. Before we get to any motions
or discussion, I want to hear on the record, Bob, since you're close to
the microphone, I'll ask you or Bill, or whoever. On Behalf of your
client, are you in agreement with what Roy just stated?
Mr. Traurig: I think the answer is yes, basically in agreement. The
discussions which I had with Mr. Ranna lead me to believe that within
what Roy was saying, and I didn't hear him, there is an understanding
that the spec4.fic terms and conditions of the design have to be approved
by each party, that the assessment and the percentages of assessments
have to be approved by each party...
Mayor Ferret That's exactly what he said.
Mr. Traurig: Okay. 1 guess I wasn't paying enough attention. I just wanted
to be sure. 1 think
Mr. Plummer: Subject to Commission approval.
Mayor Ferre: Of course,
Mr. Traurig: Subject to Commission approval.
Mayor Ferre: And your approval too.
Mr. Plummer: NO, no. no.
Mayor Ferre: They've got to approve too...
Mr. Plummer: You've got to approve, but it's subject to our final
approval.
Mayor Ferre: Roy Kenzie, would you start all over again and please, Bob,
I want you to listen this time. Thisisthe third time. Kenzie.
Mr. Traurig; I don't have to listen anymore. The answer is yes, we approve.
Mayor Ferre: Repeat it one more time.
Mr. Kenzie; The only item of contention is the question of the approval
of the design and the structure of the assessment district. And what
we're saying is since there are still some questions, that we need to work
that out before we come to the next Commission. And that give us a little
bit of time, Southeast, Gould, and the Commission to work that out so we
come to agreement when we come forward. And if it ends up the Commission
is the deciding vote and that's the way it goes, and we work that out,
and we come back, that's the way it is. But it gives everybody a chance
to get their problems on the table and work it out within the next
few days.
7
Kayor Ferre: Mr, Colson, Mr. Traurtg, on behalf of your clients, do you
agree?
Mr. Colson: 1 have a comment, a question, Did I bear that it was 4 blocks
on their part
(iMAUDIBLt BACKGROUND COMMENT PLACED OUTSIDE OF THB PUBLIC RECORD)
Mtn. Colson!I understand that. But how about Miami Center is coming
across, How about then? The rest of this? This is supposed to be one
project, I assume it includes Miami Center. I don't know whether
anybody discussed it and I'm,,,
Mr, Plummer! Bill, we've not even got to that yet.
Mr. Colson: No, no, I'm not talking about Miami Center II,
I'tn talking about Ball Point.
Mr. Plummer, Bill, what I'm saying is, I've tried to say from word go
about 3:30 this afternoon, if _this item is to go tonight, I've got at least
2 hours of questions yet to be answered. So we've not even talked to the
condo portion of Gould's property. Everybody has seemed to have forgotten
about that tonight. Because, I want to tell you, they are going to be
reminded if there is a vote taken tonight. Were far, far from any
decision. I want to tell you, I've got a list of questions here that
you know, that haven't been addressed. So to say that this one item, if
this one item is agreeable between the 2 parties I have no problem and I
think that's great. But my friend, you've got a long way to go.
Mr. Colson: Okay, Commissioner, I hear you, But as long as we...in other
words, you're saying we could come back and suggest it be fair to include
Miami Center into this.
Mr. Plummer: I think the whole thing stands as one.
Mr. Colson: All right. Just as they have, the other parties, we have
to agree on this before it's brought here for approval,
(INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD)
Mayor Ferre: I ask on the record one more time, Mr. Colson, or Mr. Traurig,
on behalf of your clients, do you agree?
Mr. I'raurig: The answer is yes, Mr. Mayor.
(INAUDIBLE BACKGROUND CO,II•SENT PLACED OUTSIDE OF THE PUBLIC RECORD)
Mayor Ferre: All right, on the record, Mr. Colson said yes.
All right, Mr. Aurell.
Mr. Aurell: Fiollywell agress with it as read by Mr. Kenzie, yes.
Mayor Ferre All right, now. I think we're making some progress.
Father Gibson: Mr. Mayor,
Mayor Ferre: Father Gibson.
Father Cibson: If we've waited all this time, I'm willing to wait long
enough, We have some capable, competent typists, stenographers, secretaries,
whatever you call them, Tell them write it, I want them to sign it
Mayor Ferre: You mean tonight?
Father Glbsont Right now,
Mayor Ferre: It's all right with me,
Father Gibson; You see, I have no light to guide my future but the light
Of the past,
Mayor Ferre; All right. I'll tell you what we're going to do now. We're
going to go on and hear Mrs, )tange, I guess Mrs, Ran$e is gone, there's
Mrs, Range, and Jackie Bell. and Frnie F.annato. I4w sorry, Grate, We're
going to get all these things and let's,,,.
1
A j 4 6) i V V�
Father dibsont i want it in black afid white many because black and white —
dotif t lie.
Mayor Ferrer Okay. You attorniesi and attorney with your principles, if
you would use the Manager's conference room. is there a stenogtapher
so they can type around here?
Mr. Fosmoen: Mr. Kentie's statement is being typed now, sir.
Mr. Plummer! I just hope somewhere around the corner that Plummer is going
to get his 2 hours so, you know...
Mayor Ferret You got your 2 hours, Plummer, coming up, In the meantime,
let's see if we can get a little progress on this because your 2-hours
_ or your 20 hours don't mean anything if these 2 people don't come to an
agreement and if we can't...
Mr. Plummer:Well you see, Mr. Mayor, I disagree with that, Okay? Up
to tr:is point, they've been able to play their own little ballgame without
this Commission telling them what they're going to do.
Mayor Ferre: Plummer, you need 3 votes on this Commission...
Mr. Plummer: No. I don't need any votes, Mr. Mayor. I need Plummer's
time to make his record clear so I can live with my conscience.
Mayor Ferre: You've got it. Plummer, in the ten years that you've been
involved in this City, there's no vote that you've ever taken that will
have a bigger impact on the physical future of the City.
Mr. Plummer: I agree.
Mayor Ferre: So you can take all the hours you want. And I'll tell you,
I, for one, will make no attempt to any way curtail any statements of
the length of it tonight. I will in the future, but I won't tonight.
Now in the meantime, will you go up to the Manager's conference room.
Mr. Kenzie, whoever is...Mr. Reid...
Mr. Fosmoen: Roy's statement is being typed now. It will be available
in a few minutes.
Mayor Ferre: It needs to be typed and Father Gibson wants it agreed and
signed too by the various parties. Okay?
(AT THIS POINT, THIS ITEM WAS TEMPORARILY DEFERRED)
33. PLRSQiiAL APPEAReki.CL: A'111,kLIL R,`U GE REGARDI13G FLrA MARKET AT
OLD SNELL CITY SITE
Mayor Ferre In the meantime, we will now take up Grace Rockefeller,
Mrs. Range, first and then Grace Rockefeller. Out of courtesy to former
Commissioner Athalie Range.- You've both been here the same time,, and then
we'll take Grace Rockefeller who is a member of our board.
Mrs. Athalie Range: Thank you Mir. M ayot:. Mr. Mayor and members of the
Cormission, for the. record, my names is Athalie Range and I reside at
3727 N.W. 17th Avenue, ;ti,:r::.i, Florida. We have come this afternoon seeking
your further assistance in our open air market. I believe you have copies
of our revised wishes for the expenditure of monies that you were kind
enough to allow us to h.:ve some time ago. And rather than reading the
entire presentation, we would be more than happy to answer any questions
for you. We realize tl<at you've had a tedious day and are still in the
midst of that.
Mayor Ferro: Mrs. Range, let's see if we can cut through. Mr. Manager.
Mr. Fosmoen: Yes, sir.
Mayor Ferre: You 'roar": M':rs. Range. '4;liat is the administrations position'.
Mr. Fosmoen: Our retommeaadat-Aon that we entire into an agreement
with the corporation aloni- t:he Iin+-�s that Mrs. Mange has discussed and
you have in your agenda packet as a aion—scheduled item. A resolution
allocating, $50,000 of bth Year Com-nunity Development Funds to the
62nd Street Development Cc,rporat-ion for the purpose of assisting and organizing,
and maintaining the Shell t;ity site for temporary use as a flea market,
and further authorizing; me to execute that agreement. We have also oil f.il.e
the signed statements from tine: organizations involved, that the flea
market would terminate if it interfered with the construction of the proposed
Shell City development.
Mayor Terre: All right, Mr. Lacasa.
Mr. Lacasa: Mrs. Range, does that completely satisfy your request?
Mrs. Range: Yes, Mr. Lacasa. It completely satisfies our need.
Mr. Lacasa: I'd like to make a :motion...
Mayer Ferre, Mak;� z nml i n.
Mr. Lacasa: .. thar ctii5 ref{ est bie approved in the form that was read by
the City Manager and accVptv6 by Mrs. Range.
Mayor Ferre: Is there a second to that motion?
Mr. Plummer: I'1.1 second it, Mr. Mayor, and then I wish to enter into
discussion.
Mayor Ferre; All right, go ahead, Plummer,
Mr. Plummer: 2 pt,iaat.s, Mr. Fostnc+c-n, where is the money coming from?
Ms, Dena Spillman: Commissioner, it's the same funds that were previously
allocated for a d1f#esrc!rat ust, ox-1 this.,,it's the same money that was
n110cat0d to thlf- orgsnization. They did not spend any of the "50,000,
Mr, Plununt-F: Secclud point, Mrs, Range, I noticed in the proposed_ budget
that you have presented, that there are some capital items to be purchased,
I would hope that the maker of the motion, since this is a temporary
Mt. Plumet (continued): situation, than all of those physical pr6potties
that are putchased with this money would revetrt back to the City.,,
Mrs, Range: Yes, Mt 4 Plutttmer.,,
Mr. Plummer: ...at the conclusion of the flea market,
Mrs, Range: Yes, this is it the resolution, We tecognized this and had it
included in the resolution.
Mr, Plummer! We've been hutting here for a PA System which I see,you're
buying. And I figured the only way we'r going to get one is when your
finished with it, we can use it.
Mrs. Range: We'll give it to you with our love. Have no fear,
Mr, Plummer: I thank you.
Mayor Ferre: And she'll probably get a better PA system than our Purchasing
Department could get, right Plummer, Okay, there is a motion and a second,
Further discussion on the motion...the resolution before you. Call the roll.
The following resolution was introduced by Commissioner Lacasa , who
moved its adoption:
RESOLUTION NO. 81-24
A RESOLUTION ALLOCATING $50,000 OF SIXTH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS TO THE 62ND STREET
COMMUNITY DEVELOPMENT CORPORATION FOR THE PURPOSE OF
ASSISTING THE ORGANIZATION IN PREPARING AND MAINTAINING
THE SHELL CITY SITE FOR TEMPORARY USE AS A FLEA
MARKET; FURTHER AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT FOR A PERIOD OF ONE YEAR WITH
SAID COMMUNITY -BASED ORGANIZATION
(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
ViceMayor (Rev.) Theodore Gibson
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
FOLLOWING ROLL CALL:
Mrs. Range; Mr. Mayor, 1 just want to take one moment just to say to the
Commission that the weeks we have been there, it is gratifying to see the
progress that is being made. i thought you might; like to know that, WE
have not had a single unpleasent incident, And the people there are
really appreciative of what we're trying to do, Thank you so much,
Mayor Ferro; Thank you, Mrs. Range. Sept wishes, Mr. Ayer, do you have
a little bit more faith now, Mr, Ayer, You have little more faith now?
0hp okay.
t11 15 1!
tot 101
34 PERSONAL APPEARANCE: GIRACr ROCKAFELLAR REGARDING FOOD STAIMP
OPF.RATION AT 518 iI . E. 79TH STREET
Mayor Ferree All right, Mrs. kockafel.lar
Mrs. Grace Rockefeller: Mr. Mayor and members of the Commission, I'm
Grace Rockefeller. I Jive at 81.4 N.E. 71st Street. I'm President of the
largest and oldest civic a sociation in Dade County, the Northeast Miami
Improvement Association. I'm appearing here tonight as a private citizen.
This Commission ha worker' ver:.• we'll with our community_ in the past:. You
passed on our new crdinance ic.r Biscayne Boulevard the first part of
July. We the task force, have been working with developers for over a year,
had them ready to coma in. They saw the advantage of redeveloping Biscayne
Boulevard. When the Immigration Office closed down Opa Locka, they didn't
look for any place else. They moved right clear across town from
Opat Locka way out to the Northeast rind located that right in the heart of our
shopping plaza, Just .a ia:.w feet from that is a food stamp office. All these
refugees processed throt.agh this inunigration office are then eligible for
food stamps. It's crcated kitter chaotic financial conditions for that
area. Including in the p1a�a. on bath sides of Biscayne Boulevard, and
across the street on the soc,Lh side amounts to 110 m.rcli<ant.s. Those
merchants were custotnc--�. t)f the Miami National Bank, and the First
State bank for many years. They were good customers. Bear in mind, that
both the immigration Office and HRS, the food stamp office do not have to
produce to pay fliel; rent., their staff or their own salaries. You and 1,
the taxpayers trust pay that. The merchants, unfortunately, aren't quite
that lucky. Thtiy have to produce in order to pay their rents, their staff,
and their own salaries. The banks carry these merchants because they havi,
been good customers for 3 years. We were working with both Max nossman
of the HRS, .and fay ;c>rse, of the Immigration Office, and Gerald Thacker
from the GSA. They all protiised us they were going to move on this and
replace these places and fret theta cut of there. That's been b months ago,
over b months age,. What they have done now, they have given us nothing but
lip service and they feel by not taking our calls they're there to stay and
what are we going tea do nbour it. 25 of those merchants, as I've told you,
have had to lock their doers and po out of business. The picutures you
are looking at now, the little polaroid pictures were taken this morning
when 5,000 refugees de.:cnded on that plaza. This is before the merchants
opened for bur>lnenss. And i.` , n4ti.ce in the parking lots in those
pictures, the parking lots .ire ,ull, the stores are empty. This is the
reason they're going broke..They come in there early to get parked. This
morning between 7 ant 8:00 o'clock I had about 25 calls. Now this was
covered by all 3 television stations, 4, 7 and 10. It was on the noon
news and again tonight. Now, Mr. Rothman can find a place when he neeeds
it for something else. I read this article in the paper toddy that they
found places for the Aid Program. One of them, the HRS, has taken over the
armory .at 2728 N.W. 7th Street. There were 20 HRS employees in their, this
is to five aid to the people who need it. There were 20 HRS employees
every day and only 8 people showed up, Now it"seems to the Mr. Rothman
can move in there. The property values are going down, down In that
community, once a beautiful area. The crime rate has gone up and the merchants
are going broke. Now we don't think this City Commission wants to see this
happen. We don't think that you want to see this become just a cess pool
out there. This place, these two things are the things that are destroying
that community. And we're here tonight: to ask you, not only ask you, but
to plead with you to revoke the occupational license on that food stamp
office out there, It's ,just absolutely criminal. that people can't even
get into their own places, hick Morely's Office. He was on television today,
They couldn't even get intc their own place of business. The Federal
Discount came in there by a r,°.gae!;t frum the community. We used to go
downtpwn to shop there. They're in there. And now they say that if this
goes on another month or 2 they're going have to move out because they're
nett making expenses. Done of them are. Wendy Corporation took over the
corner, based on our new ordinance, they putt up a Wendy's, they were going
0
a
Mrs.Rockafellart(contihued): to put up $ mote testautants. And they
said that's like dumping money down a tat hole, Until these 2 thit►gs
ate out of there it's just bo good because it will not have the busi oss.
They'te desttoying out community. Now 1 know this Commission has the
'.Leib. l.v OdLL vu L►1d4 0k-%-Updk-1o11ML IlLelt a LUt the food staffip place and
we're pleading with you to revoke that license as of tonight.
Mr. Plummer: okay, Mr. Fosmoen, what alternatives can we do to give
these people relief?
Mr. Fosmoent There are a couple of things in process, Commissioner, and Itm
going to have to defer to the City Attorney to find out whether Or not
we can use...
Mr. Plummer: Does the Federal government have to take out an occupational
license?
Mrs. Rockafellar: No, no. We're not talking about the Federal government,..
Mr. Fosmoen: No, she's talking about food stamp.
Mrs.Rockafellar: ...we're talking about the HRS, the food stamp.
Mr. Plummer: That's a Federal agency, or a state agency.
Mrs.Rockafellar: No, it's state.
Mr. Fosmoen: State.
Mr. Plummer: It's still a governmental agency.
Mr.s.Rockafellar: Mr. Plummer if I may...
Mr. Plummer: They have to take out an occupational license.
Mr. Fosmoen: The answer is no.
Mr. Plummer I'm sure they don't. Mr. Knox, what legal authority does this
Commission have to give these people more than obvious need for relief.
Mr. Knox: We'll we'd have to research it but they are not required to have
occupational licenses and that's not an answer.
Mr. Plummer: Well what avenues can we give relief?
Mr. Knox: Well, one of the things that we'd have to check is whether or
not one government agency can file a nuisance law suit against another
where the standards or the requisites for the existence of a nuiscance
exist out there.
Mr. Plummer What about going around there and enforcing the obvious
traffic laws that need to be enforced?
Mrs.Rockafellar: Mr. Plummer, that's not going to do any good. The
police are out there breaking up..,
Mr. Plummer; Grace, then you tell me what we can do. I'm trying to find
the answer.
Mrs,Rockafellar: The only thing we can do is to close the place down.
Mr, Plummer; We don't have that authority, obviously,
Mrs,Rockafeilor Well. when I was here before, remember on the Aloha
which is run by HRS, , ,
Mr, Plummer: That's a different thing, there Was criulinai activity going
on in there.
gifts. Rockefeller: Well no, we wern't here on that basis. It was because
the senior citizens were walking into Biscayne Boulevard, They had closed
off the back yard because of the swimming pool* and they were being
killed* and they were being crippled and they were causing accidents. And
you asked Mt. Knox at that time if the City had the authority to do it and
he said yes
Mr. Plummer! They have an occupational license, That we can take.
Mr, Knox: I understand, Commissioner, that they do have a certificate of
use and we Will have to see under what circumstances we may be able to
deal with the problem on that basis,
Mr. Plummer: Let me ask you something. I saw on t.v., first I.saw a thing
with Grace Rockefeller complaining, and rightfully so, then a month later,
I saw a thing where they went to your last name is the day you came in
for your stamps and that supposedly cut it to nothing. Now is there
something transpired since then?
Mrs. Roc.kafellar: I can answer that. What has happened out there, there are
thousands and thousands of refugees coming in there . Between the
Immigration Office and the food stamp, all the refugees go to that food
stamp place, J. L. And they are lined up. You saw in the pictures they
are lined up around Biscayne Boulevard this morning, They have 79th Street -
blocked, they have Biscayne Boulevard blocked, the police were out there.
Mr. Fosmoen: There is someone here from HRS.
Mr. Plummer: Well wait a minute. There is someone here from HRS, let them
speak. You hear the dilemma. Come give us your words of wisdom.
LTIDENTIFIED SPEAKER: You'll have to excuse us. It's our first time here
and we're not sure about protocol,
Mr. Plummer: Well protocol is you give your name, who you represent, and
your mall.ing address and proceed.
Ms. Carlene Payton: My name is Carlene Payton. I'm a program supervisor
with HRS and our building is located at 401 N.W. 2nd Avenue.
I understand Mrs Rockafellar's concerns about the numbers of people who
access services in the community in the area surrounding 79th Street.
Mrs. Rockafell.ar alluded to the fact that Mr. Rothman, who is our
District Administrator of HRS has not taken any action in alleviating
the over crowdedness that we experienced this summer after the refugees were
eligible for food stamps. I need to correct that. In July of._this year,
we had over 13,000 households who received food stamps from the office at 79th Street. We moved 4,000 cases out of that office and we moved that
to another .food stamp office away from 79th Street. In November of'1980,'
our case load was 8,385 households receiving food stamps from the office
in question. I need to also point out that of the 8,385 households receiving
food stamps in that office, 1,300 households received food stamps through
the mail, That ,means that those 1,300 households do not go to the offices
to pick up their food stamps. In addition, the staggered issuance
system which you alluded to before has been in place since October, The
staggered issuance system of issuing food stamps is based on the clients
social security number. It is mandatory for clients to pick up their
stamps on their assigned days during the first 10 days of the month. In
doing this, we have alleviated the crowds at all of our food stamp offices
because we cannot serve anyone if they do not come can their assigned days,
Additionally, we are required by law to serve clients in the areas in which
they reside. And this is not only the law, but is our philosophy and in
the intent of our department to do that.
Mra.Rockafellar: They don't reside there.
Mayor Ferro; You're not telling me those people reside theme?
Rrs,Rockafellar; No, they don't
ON
Mgt Peyton: t beg your ►.,
Mayor Ferte: You're not telling me that those people that are lining up
for food stamps reside within One mile of that location?
Ms, 'Peyton: No, I'm saying..,
Mayor Ferre: 2 miles?
Ms. 'Peyton: .,.that the people who ate issued food stamps at the 79th
Street food stamp office, okay, 38% of the people live within the area
from N,t, 62nd Street to N.E. 107th Street from North Miami Avenue
east,
Mr. Lacasa: What percentage?
Ms. I :-yton: 38%
Mr. Lcasa: 38%. And the other 62% comes from?
Ms. Payton: From other zip codes around that area. Mrs. Rockafellar also
suggested that all the refugees pick up their food stamps i,t the 79th Street
office. That is incorrect. Out of the 8,300 households served by that
office, there are 1$600 Haitian entrants who are served by that office which
is a much smaller number than is served by any other office. There are
some Cuban entrants that are also served by that office and that's several
hundred additional people. So, all the refugees that may be going to
the Immigration Office are not served by that one office. Ve have 13 food
stamp offices in Dade County. The majority of the offices serving the
refugees are north...immediately adjacent to N.W. 36th Street. But we
have alleviated the refugee burden from the 79th Street food stamp office.
Mrs. Rockafellar: Oh no you haven't.
Ms. Peyton: Well Mrs. Rockefeller, with the information that I have, I
think we have.
Mrs.Rockafellar Look at the pictures we took.
Mr. Plummer: Can I try to cut through all of this. You know, the figures
are nice, the justification is nice. Do you dispute the pictures that
are here?
Ms. Peyton: I have not seen the pictures.
Mr, Plummer: Would you look at them. Because look, here's what I'm
seeing. If you don't do something,you're going to have more people on
food stamps and that's the merchants in the area who are going broke.
And a lot of the residents too.
Mr. Plummer: You know, there's no way that that particular area can
survive in a business like manner with thatkindof crowd cutting off
the public access to their places of business. Now you know, the way I
calculated it out using your figures, you are handling on the equivelent
of 96 families an hour. And you can't do it. Where's no way you can
do it.
Mrs. Fockafellart With them lining up just like they're lined up there,
all over.
Mr. Lacasa; Mt. Manager, what is what we can do legally to solve this
situation.
M s.Rocka€!l a Now about the oertifiaoto pf usc,
Mir, plu>won We rent the Fuasycat theater, `We put those people in and
we. kill 7 blt'de with that atone,
s t ,,
Mts.Rockafellat we don't want their in that area, ,t. L.
Mt. Lacaw He's kidding. —
Mrs,Rockafellar: These merchants have a tight to make a living
Mr. Votnoen: Commissioner,.,
Mr, Lacasa: what is it we can do legally?
Mr. Fosiboen: Commissioner, I don't know what we can do legally.' But I think
one of the solutions is that we meet with HRS, ve try to find some other
alternative location &or them.
Mr. Lacasa: well you might be meeting with them until doomsday. I think,..
Mrs.Rockafellar:; He's right.
Mr. Lacasa: ...that if the situation is before us, I've been there...
Mrs. Rockefeller: You know what it is.
Mr. Lacasa: I know what she is talking about because I've been there
and my recommendation is that we find a way that we can dispose of this
situation as soon as possible. And not to rely on any type of agreement
with any other agency but we, on our own, because it's in our best
interest to preserve the situation in that area.
Mrs.Rockafellar:: Do you notice, in the back of those pictures there is
a Federal Discount, and there is a furniture store. The Federal Discount
is guaranteed in their lease 48 parking places. They can't have any.
Across the back of that little place, Mayor Ferre, you were out there, you
went on a tour of that and you said this is absolutely no place for a food
stamp place.
Mayor Ferre: Not only that, I further called Mr. Rothman, were you there
when I called him?
Mrs.Rockafellar: He told me you called.
Mayor Ferre: Well I called Mr. Rothman and I told him that I thought
that was a terrible place, I couldn't believe that that was a location,
there wasn't sufficient parking there, the neigborhood was not commensurate
As far as I'm concerned, it really is a very very bad location. And I'm
sure that you many many alternatives within the community. I'm talking
about on 36th Street, in areas, and there were 2 or 3 merchants that
had spaces that they were willing to rent.
Mrs.Rockafellar: And how about the armor, Mr. Mayor...
Mayor Ferre: And I gave the information to Mr. Rothman.
Mrs, Rockafellar: ..,The armory that you just rented. That's a big
building. Why don't you send them out there?
Ms. Peyton; M€. Mayor, if Mr. Simco from HRS can also address the
efforts we've made to relocate some buildings,
Mr, Riii Simco; Mr, Mayor, members of the Commission, Grace, we've met
Mrs. Rockefeller, sir, Congressman Lehman, Max Rothman and I discussed
the matter with here about a half year ago when she had,.,
Mrs.Rockafeilar: When we had our press conference,
Mr, Simco; The name and address is bill SimcQ, URS, District 11, General
Servicoa, State of Florida, At that time, we stated that we would try to
do what we could. The Congreosm€1n, of course, took the lead during the
conference, I'd litre to pay a raw things for the record that we have been
10
Mr. Simco (continued)"t trying to do since that day. But I'd like to
mention several things that Carlene said to begin with, and one is that
'We ate operating within the law; We told this to Mrs. Rockefeller about
a half yeat ago, and we say it again today: We ate within the law, we
ate performing a mission that the State Legislature has directed and the
U.S. bepartment of Agriculture has ordered to be done with the Food Stamp
Vtogram. Number two, the lease that we have with MG investments is legal.
Mrs.Rockafellar: And you just signed a new one.
Mr. Simco: We did not sign a new one. We took an option on one that was
prepared 4 years ago by me personally, Grace. We exercised the.thitd option
on a 5 year, 2 year, 3 -1 year option leases that will take us there for
another year. This was done almost 5 years ago. There was no complaint
from that neighborhood, from any single merchant or from you when we moved
into that neighborhood. The idea was a sound one. People thought
food stamps would bring some business, and it has. As recently as this
morning, Mr. Edlemen and that...
That's not true.
Mr. Simcot ...office has agreed and has backed us up with our statement
that the lease is valid and it has been approved at...
Mayor Ferre: Hey look, with all due respects to you, you know, you're
entitled to your opinion and your rights but don't insult my intelligence
by telling me that that's good for the area and it's good for the neighborhood,
and that the merchants are happy. I've talked to most of the merchants that
are in there and they-arr: incensed about it. And if you're telling me...
Mrs.Rockafellar: And they're going broke.
Mayor Ferre: ...and if you're trAling, that it was good... it may have been
good before they knew what was going to hit them, but don't come telling
me that a food stamp operation, with all due respects, with Cuban refugees
and Haitians and people that are lining, no matter who they are, from
Mariel or any place, lining up for 2 and 3 blocks blocking off the entrance
to these merchants, 1—you know —come on. I...
Mrs.Rockafellar: I'd like to ask Mr. Simco a question. You obtained
the armory for this aid program. Now why couldn't you obtain that for the
food stamp program. The location is wonderful. It' s where most of
the Haitians live. Why couldn't you have obtained it for that. And then
you have, in the article in todays paper, you had 20 HR employees out
there and only 8 people. That armory is a big building. Why can't you
transfer them out there?
Mr. Simco: The answer to that is the entire armory is not available for
our use. We leased it for only a couple of months, for the emergency entrant
program. With respect to the Opa Locka facility, we've done that through
the County. And the armory of 'course, is through the Federal government
and National Guard Bureau. We do not have control of that, There's no way
that can be used on a permanent basis.
— Mrs. Rockefeller; Mr. Mayor, if I may. They said that they have a
certificate of use, can't you revoke that and close them down?
Mayor Ferre; As I. understand from the City Attorney when we asked him that
he said no.
Mrs,Rockafellar; No. he said that they have no occupational license so
you couldn't revoke it, But they do have a certifcat of use he said
Mr, Fosmoen: We have to have grounds to revoke that certificate of use, It
simply says for "governmental use,'. Now l can't„,
Mrs.Rockafellar ...And the financial basis is the grounds for it. You
have 75 merchants that have gone bankrupt and another 75 just about to,
In anotber month or or won't have a merchant out there,
ist
Mayot Fette: Angela, do you want to tell tit. knok to come back in here.
Mt. Fosmoetit l think that Commissioner Latasa was about to make a motion
that We do whatever is legally possible to remove the organization ftom
that location.
Mr. Simco: I'd to state a few other things to convince firs. Rockefeller...
Mayor Ferret Go ahead.
Mr. Simcot ...that we have tried to do some other things. To begin with,
we have been advertising in our newspaper for different leased areas.
As recently as 2 or 3 days ago we had an ad in the paper for another
location food stamp office.
Mayor Ferrer k'hich is an admission, therefore, by yourself that there is
a problem there, obviously.
Mr. Simco: No really but we're trying to alleviate the problem...
Mrs.Rockafellar: If you had a business up in that area you would be going
into court. And when you brought up that press conference we had, Bill
Lehman didn't do anything to help us. All he said was that I want them to
get their food stamps on time. It was Dante Fascell, and Senator Stone,
and Claude Pepper.
Mr. Simco: Well thev weren't at that meeting.
Mrs.Rockafellar: ...and those are the people that helped us, not Bill
Lehman. He said he just wanted to get them...he helped Litle River when
you signed a lease over there and the people got on to you and backed out.
There's where Bill Lehman helped them. He didnt' help us over there on
79th Street at all.
Mayor Ferre: All right. Mr. Clark, the question to you, sir, legally
is can the City of Miami properly revoke the use permit of a building where
HRS presently houses the food stamp operation when the use permit is
for governmental use, on the basis that it is causing and economic and
mental health disturbance in the neighborhood and the area.
Mrs.Rockafellar: It's bankrupting an entire shopping plaza.
Mr. Clark: The certificate of use, the granting of it would have been
subject to certain conditions. Now there has been a change in those
conditions, there might be grounds for revoking the certificate of use.
But if the use has not changed, and if the conditions have not changed,
and there's no showing of such a change, at this point in time, the
City Commission here and now would not be authorized..
Mrs.Rockafellar Look at the pictures, Mr. Clark. Thousands of them
all lined up all over the street. They block 79th Street which is a
through street, they block Biscayne Boulevard, they park all over. They
get there before the merchants open up and the parking places for all
the plaza are filled up. The stores are empty and the merchants are
going broke. 25 of them already have gone bankrupt.
Mr. Clark; Let me suggest that the granting of the certificate of use
could be made the subject of a hearing before the City Commission. And if
all the procedures are taken with respect to the possible suspension,
revocation or denial of lifting of the certificate, then I think the
City Commission would have some authority to act, But right now, the
City Commission...
Mrs,Rockafellar- This is what we're here for now is to ask their to
revoke that,
Mayor Forre► All right, Mr, i.adasa wanted to make a motion but the
fact to We not here so Flumper, why dQa't you fp ahead, you Know whet
the mptUft to:
JAM15 11961
Mt. plummet: I second Mt. Lacasa's motion.
Mayor Fette! All right. The motion was, as I understood it, that the City
Of Miami Law Department, and administration is requested to do whatever
legally is possible to , within the law, evict MRS, or close down the
food stamp operation.
Mrs.Rockafellar: At 518 N,t, 79th Street.
Mayor Ferte! Within the law. You know, obviously, we can't do what isn't...
Mrs.Rockafellar: Well Mr. Mayor, the people out there have been patient.
They've operated through the law, but I don't know what's going to happen
now. They're fighting for their survival. They're fighting to keep their
payments up on their horses. Theytte fighting to make a living.
Mr. Plummer! Grace, do you have a better suggestion?
Mrs.Rockafellar: Yes, I'd burn the damn thing down but I don't think that
that...
Mr. Simco: I'd like to say_• a few things that I told Mrs. Rockefeller last
summer, that up until that meeting we had in our food stamp office last
summer, there has not been one written or oral complaint to any of us at
HRS, nor the State of Florida about that office.
Mrs.Rockafellar: That's before the refugees came in. Now they are full
of refugees. Look at these pictures we've brought here.
Mr. Simco: They were not before, that was after the lift.
Mrs.Rockafellar: Oh come on Mr. Simco.
Mr. Simco: That was after the lift Look at the record.
Mr. Plummer: I call the question.
Mayor Ferrer All right, the question has been called. Without further
discussion —Father Gibson... Plummer removes his calling of the question.
Father Gibson: Plummer, I wonder if government to government can't do -
better than that. My brethern, it isn't until the shoe is on your foot
that you really begin to understand the hurt. I think that Mrs. Rockefeller
has a legitimate concern. But I would hate for this City to go on record
to do what she asked us to do.
Mr. Plummer: I'm not doing what she asked because she asked us to burn it
down.
Father Gibson: Well no, no. Okay, let me tell you what I'm saying. I'm
not going to ...I think that if ve, if we want to take her side, we would
be far better as a governmental agency going to another governmental agency
t and complaining and tell them what we want to happen. My bretheren, I hope
I hope we don't do what I think we're going to do. I would hope that the
City Attorney and the City Manager would represent this City up to those
people, To make a motion and all of that business, man, you say right
now, war has started. That's what you you do. And if you are going to
be reasonable, we heard what she said, I saw the pictures,
Mr, Simco: we have no idea when those pictures were taken, sir,
Mrs,Rockafellar.: 'They were taken from time to time,
Father Gibson; Thot is neither here nor there, The complaint is here,
Reasonable men, You know what you all say up here about reasonable men?
Do You remomber that., Plummer?
Mr, Plummer: It's my saying,
0
i
Father Gibson: Okay? And I hope that you All will withdraw that motion.
Mts.Rockafellar3 Well I hope they don't, Father Gibson. We had a press
conference, The one he spoke of before. That was on a Friday. Max
Rothman called me on Monday. He said please..t first he asked me who I
worked for. I said I worked for the community, He said who pays you. I
said I don't get paid like you do. I just work for the community. He
said don't sue us. We will have, that place out of there in a month or so,
Father Gibson, that's been 6 months ago, Now do you have any sympathy at
all for these merchants that are laying employees off, that ared closing
their doors every day with bankruptcy, or do you just want, because they
don't want to look for another place to say that's all right, you just
stay there. This Commission would be doing an injustice. If they ask thew
to move out..,come on father Gibson, put yourself in their place.
Father Gibson:Mrs.Rockafellar, let me tell you something. There is such
a thing as human decency. All right?
Mrs.Rockafellar: Yes, human decency is right. -
Father Gibson: I would send those people, note I said the City Attorney
and the City Manager, I would go up there and say to them, if you have
the right to do it. That's another thing. If you have the right to do it,
I would go up there and say to them, we, The Commission, are taking this
attitude and position. I would give them a reasonable number of days, say
10 days, or some such, and if they didn't do it, since you have —if the
law is on your side, then take the law. But to do other than that is
just inhuman.
Mrs.Rockafellar: 1'd Like to wait for the full Commission to come back
because I would like a vote on this.
Father Gibson: Well I want them to come back becasue I'm going to vote
just what I've expressed.
Mrs.Rockafellar: Fine. That's one vote out of 5.
Father Gibson: I'm not going to change becasue I'll tell you this, it isn't
-until you have the shoes on your feet that you understand how the cry goes.
Mrs.Rockafellar: That's exactly what we have now, Father. We're going
broke. The whole community is going broke.
Mr. Lacasa: Father, my concern about this situation is not only the
merchants or the neighbors of this particular area. My concern is, and
I remember that in another very similar issue the question of immigration
which is across the street. I did go, I did go to the then Senator'Stone's
Office because we had a tremendous number of complaints from the Cuban
refugee community because, actually, this place was so outside the boundaries
where they lived that it was very difficult for them to go to be processed,
I'm talking about the new arrivals, the new refugees that had to be
processed by Immigration. So that was the reason why I tried to get it
out of there,
(INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD)
Mr, Lacasa; I understand that, fir. Mayor, What I am explaining is that
on a very similar issue I said this was the situation. So in the food
stamp situation is exactly the same, The people, by their own statments,
that are being served, live only 38% of those that go there live within
an area that goes, according to their own statement, up to 107th you said,
So actually, they are being penalised too, They are being penalized, k'here
the food stamps and other governmental o€fiees that serve directly the
people is in the neighborhood where the people live, Then they could be
served And access could be made easier,
mayor Ferro; Or at least 60% of ahem,
110
Mr, Lacasa: Or at least. But 38% means actually that 62%, 2/3rd16
practically have to be totally and completely inconvenienced to get there,
86 I am not only concerned. And that is the reason for my motion becasue
of the neighbors and the merchants. I am concerned because of the people
being served that are highly inconvenienced by this, Where they should
have their outfit is where these people live becasue these people don't M
have cats, If they had the money to buy cars, they wouldn't be on food
stamps, These people have to get some friends and some relatives, and walk
and get a lot of inconveniences to get to these places,
Father Gibson: Mr. Lacasa, I'm not disagreeing with you. You now, there
is such a thing as just simple charity. I'm not disagreeing with you, You
know, you could tell me to go to hell, and you could tell me to go to hell.
A lot of difference. If we are a governmental agency, you know, there are
times when we're wrong and there are times when we are going to be wrong,
I just want to admonish the members of this Commission of that. I am going
to live long enough to say I told you so.
Mrs.Rockafellar: Father Gibson, do you think that the merchants in that
community have a right to make a living when they are the tax payers that
_pay for the food stamps, that pay for the HR...
Father Gibson: Mrs. Rockefeller, that's not what. I'm saying.
Mrs.Rockafellar: I know it isn't.
Father Gibson: I'm agreeing with you, I'm agreeing with you. But you
know, you could tell. me to kiss your behind and do it in a very respectful
way. That's all I'm saying.
Mrs.Rockafellar: Well I wouldn't do that any way, Fattier Gibson.
Father Gibson: Well look, people do it. You wouldn't beleive I know '
that as a clergyman. People do it every day.
Mrs.Rnckafellar.:.- Well I'm not those people. We are here...
Father Gibson: I'm not saying you are.
Mrs.Rockafellar:. ...asking relief from this City Commission.
Father Gibson: What I'm saying, if what you do right now, if you follow...
Mrs.Rockafellar We're going to follow it.
Father Gibson Listen. I want you to know, you go do what you want to do.
You don't have my vote,
Mr. Plummer: I wish you all would quite arguing. You're giving me an
ulcer,
Mayor Ferre: We're getting ready to either withdraw the motion or vote
either way. But make your statement quickly,
Ms. Peyton; Okay. I just want to say that if we move out of this office,
if we close down this office immediately, that is 8,000 households that
are going to be displaced and inconvenienced. Because we have tried to
rent other buildings, and we have not yet been able to rent additional
buildings in that area. So we're talking about 8,000.,.
Mrs,kockafellar; Why do you have to have it in this area?
Ms. Peyton; ...famili.es who will be displaced because if this vote is
passed and we are evicted, we have no other place to put these people -
other than; to over crowd our other offices further,
MrAKoekafella;' May 1 ask you a question?
Ms, Peyton; 'des,
tot:
Mrs,kockafellgr: I wonder why she has to have it in this area?
Mayor Rerfe3 Graces we'te about ready to vote now. So lets move along.
Mr, Lacasa: I withdraw my first tnotion and this is the motion that I would
like...
Mr, Plummer Waft a minute. I withdraw my second.
Mayor Verret Wait a minute, Make your motion tows
{
Mr. Lacasa: Okay, This is what I want, Mr, City Manager, what I move is _?
that we instruct the City Manager to give HRS until the first day of the
month to find another place to put their food stamp office and make sure
that by the first of February the premises are vacated. So you will have
15 days, not 10 but 15 days to find another place,
Mr. Simco: That is not a lot by the statutes, Armando, because the
Florida Statutes require procedures on leasing that the Legislature has
dictated.
Mr. Lacasa: How much time do you need?
Mr. Simco: We are required to advertise at least for 2 weeks, We did
last week for another facility for 14 and 19,000 square feet. But we
cannot...
Mr. Lacasa: But how much time do you need?
Mr. Simco: It takes at least 2 to 3 months according the...
Mr. Lacasa: No way. No way,
Mr. Simco: You may say no way. Let me tell you, I've been leasing for
the state for 5 years in this area, and up to 8, and I complained about the
length of time but I can't do anything about it. The Legislature has set the law. We
have to comply.
Ms. Peyton: I would also like to point out we have to notify all our
— clients if we move them out of the office. And I would predict that if
_ we cannot find another location as Mr. Simco suggests, we will have to
overload another one of our offices and you will have another neighborhood
group...
Mayor _Ferre: Ladies..:'.
Ms. Peyton: ...in here to talk about overcrowding this in another
neighborhood.
Mayor Ferret No, becasue next time you're not going to make the mistake
of only serving 38% of your clientele. I hope you'll serve 62% and 38% from
out of the area.
Mr, Lacasa: Right.
Mrs,Rockafellar: Mr, Mayor, did you hear her say we can't find another
one in this area. That's the only place they're looking,
Mayor Ferro: blow,;irs.Rockafellar, Here is what I would like to
recommend. Let's see if we can compromise, I think Father Gibson is right,
that we should not, we in government cannot go around throwing the
gauntlet down on everything all the time, and suing and getting into all
these problems, Now, what I would recommend is this. Since you've
advertised 2 weeks ago, that we give them until the 1st of February, or
if ypu want, until the 15th of February to conclude a new cpntran and
that furthermore, they would have to be out of there 2 vgeks after that.
Mr, Simco; That time frame is Prohibitive- by the statmite$, fir, May►ot'.
Mayot Fetre: Okay. Well looks if you can't do than then in the meantime.,,
Mrs.Rockafellar: That's their problem.
Mayor Ferre ..,I would want the City Attorney and the City Manager, during
that time, to find all legal recourse and be prepared. And the moment
they tell that they cannot meet that, you don't have to wait until
that time. The moment they tell you that they are not, or will not* or
cannot meet, then you proceed then with instituting whatever law suits
are required to evict them in any way that we legally can, If there's a
way to do it. Grace, now I want to tell you so you don't go out -of here
saying we won again...
Mrc.Roelt,afellar• No, wait a minute, Mr. Mayor, what I was going to say...
Mayor Ferre: .that I can't tell you...
Mrs.Rockafellar: In two months...
Mayor Ferre: *aa'am?
Mrs.Rockafellar:' In 2 months, another 50% of those merchants will be
bankrupt. The same merchants that are paying their taxes.
Mayor Ferre: Mrs.Rockafellar we're talking about giving them until
February the 1st for them to conclude, February 15th for the to start
moving out, and for them to be out of there by the end of February. Now
that's a reasonable period of time. They say it's not reasonable. If they
say...
Mrs.Rockafellar: They'll tell you 6 months isn't.
Mayor Ferre: If they it's not reasonable, then we're instructing the
the City Manager and the City Attorney to do is the moment they tell them
that it's not reasonable, then institute proceedings immediately and
that's it.
Mrs.Rockafellar:. Well you, go ahead with it. Because they'll tell you...
if you said 4 months he'd still say it's not reasonable because it's
been 6 months and over now.
Mayor Ferre: So in Effect, what we're doing is, we're doing what Father
Gibson has recommended, Okay? And therefore, I think we're giving them,
not what they 'want, but a certain amount of time. And then after,that, or
before they say that they won't do it one way or the other, we proceed
legally. I'm just warning you that my sense of it is that we're not going
to be able to get them out of there legally, because I don't know what
legal grounds there is for us to get them out. But if there are..
Mrs.Rockafellar:. You've got a certificate of use.
Mayor Ferre: If we can do that, then this is the instructions to the
Manager to pull the certificate,..
Mrs.Rockafellar; Yeah, but close them down.
Mayor Ferre ...of use if we can legally do it. Okay? Is that the motion.
Mr. Lacaaa; Let's put it in this fashion. We will do whatever is legally
possible to get them out, the sooner that we can on a reasonable basis,
Mayor Ferre; There's a motion and a second, Further discussion on that
motion?
Father Gibson; V 11 vote for that,
The following motion was intfoduced by Commi$sintier Lacasa, who
moved its adoption:
MOTION No."81-25 -
A MOTION OF THE CITY COMMISSION INSTRUCTING THE CITY
MANAGER AND THE CITY ATTORNEY TO IMMEDIATELY TAKE
WHATEVER LEGAL STEPS ARE NECESSARY To EVICT THE
HRS GROUP PRESENTLY OPERATING A FOOD STAMP STORE AT
581 N.E. 79TO STREET, AS QUICKLY AS POSSIBLE, ON A
REASONABLE BASIS
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 (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Joe Carollo
ON ROLL CALL. -
Mr. Plummer: I'm sorry, you'll have to repeat the motion.
Mr. Lacasa: We will do whatever is legally possible to get them out
within a reasonable time...
Mrs.Rockafellar: Time is up February the lst, right?
Mr. Plummer: Well my problem there, Mr. Mayor, is that this gentleman is
saying that they can't find another place.
Mrs.Rnrkafellar!' J. L., he's been telling us for 6 months.
Mr. Plummer: I know, Grace. I know that.
Mr. Simco: The record is available for anyone's inspection to confirm that.
Mayor Ferre: You talk to our City Attorney.
Mr. Plummer: So basically what you're saying is they're going to be back
here on the 1st of February.
Mayor Ferre We have to find legal ground, Plummer.
*Mr. Plummer: Okay. I vote yes.
FOLLOWING ROLL CALL:
Mayor Ferre: You're under instructions now. Is it clear? And the City
Attorney,
Father Gibson; Don't leave feeling bad,.,.
Mr, Plummer; Mr. Mayor, I do.,.how can she feel bad, she won'.
Mrs,Rockafeffer;. I didnit win,
Father 90900. Listen, I wAnt 0 make mare because you're my friend,.
Mr4-,ito9k4fe1l4r: I am? Qee, 14M $lad 0 hear that, Thank yes,
tat - _ -- — -
Fathet Gibson Don't lease feeling bad. You know-
Mts.Rockafellat: No, Father Gibson, I understand your point.
Father Gibsoni Some things we could dui:
Mtrs.Rockafellar: Your heart is just bigger than all the merchants
pocketbooks plat together Out there. That's the whole problem, And
you have to look at realistically. Okay?
Mr. Plummert Well now you're speaking to the issue, Grace. Okay.. HAS
is a state agency, right? Okay. I know one of the members of the Legislative
Committee on HRS and...
Mayor Ferret Is that John Plummer?
Mr. Plummert No, it's the other Plummer. But Mr. Mayor, I hope, sir, that
you will take back a message to your home office in Tallahassee, that
we are going to govern our action here on this Commission. You know,
I remember very clearly when HRS came before this Commission and begged us
to allow them to go into the Little Havana Activity Center when there was
a lot of opposition. This Commission did it, at a, reduced rate.
Mr. Simco: We maybe kicked out of there to if the same thing is allowed
to continue.
Mr. Plummert Sir, I don't agree with you there. There's no merchants really
there to worry about. Okay? And I would hope that cooperation is a 2
way street.
Mr. Simco: Well,Mrs.Rockafellar has said a, lot of untrue things here,
gentlemen. I encourage you all to look at the record...
Mr. Plummer: Sir, regardless of what MrsRocka£ell.ar, has said or not
said, the pictures speak for themselves. You admit you're looking for
more space.
Mr. Simco: That's not the only thing. That's one...
Mayor Ferre: We're voting. Are we finished. Everybody vote?
Mrs. Hirai: Yes, sir.
Mayor Ferrer The point is this, Mrs. Rockafellor, on February lst, unless
we hear otherwise before the City Attorney is instructed to begin legal
proceedings. I'm sure you'll be back here to monitor this and I'm sure...
Mrs.Rockafellar: I will. And I appreciate it. We just hope that we can
get some relief before all doors are closed down. Thankyouvery couch.
Mayor Ferre: Thank you again.
tsf
35i 6RA14T REQUEST OF NEW WASHINGTON HEIGHTS ECONOMIC DEVELOPlittiT
CONFERS ICE - ADDITIONAL FUNDING IN THE A1401JNT OF $7,700
Mayor Ferre: Now, we have Mr. Moses Florence. Mr: Florence.
Mr, Moses Florence: Yes, my name is Moses Florence. I'm President of
the New Washington Heights Community Development Conference, 225 N.W. 9th Street.
Mr. Mayor and Commissioners, you'll recall that in September of this
year we came before you indicating a request for funds to maintain our
organization in its present form until such time as funds became available
through the State Community Development Program in the amount of $100,000
to continue our efforts for economic development in the Overtown area.
At the time we came before you, it was our understanding from the State that
that monies would become available in January of 1981. And you concurred
to continue funding through December 31st with the anticipation of that
money becoming available on January lst. We were informed by the S'.ate
Department of Community Affairs on December 5th that their regulations
and requirements would not permit the disbursement of those monies until
March of 1981. They have established a procedure which goes as follows:
They have requested applications for the use of the funds. They requested
applications f.cr the use of the funds to be submitted by the 16th of January,
which is tomorrow. We have submitted our application for the $100,000
as of today, so our application is in. However, they have a 45 day
processing period with the Department of Community Affairs in Tallahassee
before the final grant monies are made which means that with the proposal
going in today, the deadline being Friday, the 45 days would put it into
the middle of March before the funding will come forward. We have every
intention of receiving the funding. In terms of the criteria that's been
established, and I have a copy of the criteria here, we are one of the
very few organizations in Dade County at the present time that has a
track record and meets the requirements that have been laid down by the
Department of Community Affairs. We have 2 problems which we wish to
address this evening. The first being that of the monies that you allocated
to us in September, approximately $7,000 remains. That is we were able to
cut our budget down, our operating expenses down to the point that we were
able to operate within the 25,000 over that 3 month period. Approximately
7,000 remains. _However, the contract extension ended on December 31st.
Therefore, we need to extend the contract to utilize the remaining $7,000
for our staff, and it's only for staff operations. It's for no other purpose.
Our payroll was today and we're unable to meet our payroll because the funds
are not available.
Mayor Ferree Moses, let me cut through so I understand. What you're
asking for is the use of the $7,000 is that it?
Mr. Florence: That's the first part, yes sir.
Mayor Ferre: What's the second part?
Mr, Florence; The second part is now that we are firmly aware, we have
a document here that tells us that the money will become available in
March,..
Mayor Verre: Has anybody,.,
Mr. Florence: ,.,which I'll make available to you.
Mayor Ferret: No, not. to me, to the City Manager,
Mr. Florence: Right, We'll snake it available Co the City Manager,
Mayor Ferre Well you'd better u►ake it AVai.iabie now because If ypu want
us to vote on it now, as Father Gibson says: you'd better sign ran the doted
Mayot Pette (continued): line now. Now you're telling the that that
docuffient, youlte stipulating on the record here that that document
says that without any questions you're getting funded in 'March?
Mr. Plorence: Not sir. What that document.,.that document details the
process, the procedure which the Department of Community Affairs is
under going to allocate the monies.
Mayor Ferre: Come on, Mcses. That's a big big different statemeit,...
Mr. Florence: That's what I'm indicating to you: `
Mayor Ferre: ,..from the fact that you're going to get funded. —
Mr. Florence No, I indicated to you that based on the criteria that they
have in there, there are very few organizations in Dade County that qualify,
and we're the only ones in the Overtown area that have the track record
to qualify for those funds.
Mayor Ferre: How much money would it take to carry you through March?
Mr. Florence: We had anticipated $25,000 to carry us,througl, March. I
Want to make this stipulation. If the —if we...we've already been
cutting our budget as we indicated. That's why we were able to save
$7,000, We may not have to use that entire 25,000. It may only need maybe
10,000 or 12,000 uuitl those monies become available. Our only objective
is to keep our operation in business, to continue with the almost half
million dollars worth of projects that we have underway right now to benefit
that community, until such time as the other monies become available.
Mayor Ferre: All right, Mr. Manager, what is the administration's
recommendation. Have you had time to glance through that thing?
Mr. Fosmoen: It's only 20 pages, Mr. Mayor.
Mayor Ferre: No, but I mean...
Mr. Fosmoen: No, Mr. Mayor, I have not.
Mayor Ferre: The point ... well., you don't have to look very far. Let me
ask you a question and then perhaps that will simplify your answer,.
You heard Mr. Moses Florence say that that in no way guarantees that they
will be receiving`$100,000. So I don't think you have to read very
far. When I ask you the question is does this in any way satisfy you that
we're going to get repaid.
Mr. 'Fosmoen: Oh, I didn't hear any suggestion of repayment. And I'm sure
that the State contract would start whenever it was funded and would
not be retroactive. That's for openers. Number two, we received a letter
yesterday requesting that this be placed on the agenda. Number three,
the issue has not been taken before the local community development
group, for their advice, which is a normal procedure with this Commission.
Number five, all of out CBO's have applied for the same funding. All
of our economic development groups that this Commission is paying $50,000
to for certain economic activities have all applied for funding.
Mayor Ferre: What's your reconunendation, Mr. Fosmoen?
Mr. Fosmoen: Mr, Mayor, the best that I could recommend is that we at
least permit them to make their last payroll and Continue to use, since
they'be been able to cut their budget, the. $7,700 they've saved, But in
terms of going beyond that date, you know, this is the same argument that
we've been going through for 9 months, I simply ean't recommend it,
Mayor Ferre; I think that all of the members of the Commission know what
the issues are, and I don't know how anybody else feels, but unless
I hear otherwise, is there anything ease to be discuppod before this
Cmmission other than the approval of the use of that $7,700 which we
comWod to before and I think that's fair that theylve
Est
11-740,
r
_,it, Florence: Mr, Mayor, if I could, I think it's; I would believe
that it's the position of the Commission that you,.,you've indicated an
intention for our program to continue by the allocation of the other
funds, I think that has been established. I think we should also mention,..
Mayor Ferre: $40,000 worth.
Mr, Florence: Right ,sir. But I think we should also mention that the delay
is not the fault of our organization. We were under the impression, and
We relayed that to you from the State, that those funds would become
available in January.
Mayor Ferre But Moses, you see what you're asking us to do is to dip
into the CD funds without going to the CD Board and there are other people
who want that money and are just as entitled to the use of that money, and
I think...I for one, am not willing to arbitrarily and unilateraly for us
on this Commission to just say, okay, we'll give you besides the $7,700
an additional $25t000 to _wait for March. Now I think this Commission has
been patient and ,certainly has shown its genorosity by approving and
spending $40,000 or whatever it was...
Mr. Florence: 25, sir, of which we have spent approximately..,
Mayor Ferre: Was it 20? $7,700 is left.
Mr. Florence: ...17,000.
Mayor Ferre: Okay now. I'll be happy to entertain any motion by any
member of the Commission that says otherwise.
Mr. Plummer: Question. How far will the $7,700 carry?
Mr. Florence: It would just carry us through January.
Mr. Plummer: That leaves February and half of March.
Mr. Florence: And part of March, right sir.
_ N. Plummer: Well I'll tell you, I'm willing to offer the motion to give
them the $7,700 and let's talk about the rest on the 12th.
Mr. Florence: The rest what, sir?
Mr. Plummer; The rest of the l2tb.
Mr. Lacasa: Second.
Mr. Plummer: Because as I,see it, if $7,70C will carry you for a month,
you don't need 25,
Mr. Florence; Right, sir. It will carry us through January. But then we
would have to...
Mr. Plummer.: But: your payroll is about $7,500 a month.
Mr, Florence; Correct.
Mr, Plummer; Okay. if that is the case, the 7,700 we're going to give'
you now will take you through the first of February, You need, in fact,
some where around 10 to carry you. And I would have to readjust that
in my thinking on the first of February. And let's don't play games.
think the administration is going to have to get in touch with Community
whatever it is in Tallahassee,
mayor Ferro; what about HRS?
Mr., Plummer:; Joan H4&an's Office and get a good strong indication that
you're ping to get funded, And if we don't Bet %strong indication,
don't Took for me on the 17th to make a moton,
5I D I
Mir► Vlotence: Right, I wouldn't be bete befote you if I did not thihk
that we had a tremendous opportunity for being funded.
Mayor Fette: There is a motion and a second. Furthet discussion? Call
the toll please.
The following motion was introduced by Commissioner Plummet; who
moved its adoption:
MOTION N0. 81-26
A MOTION OF THE CITY COMMISSION GRANTING THE NEW
WASHINGTON HEIGHTS ECONOMIC DEVELOPMENT CONFERENCE
— ADDITIONAL REQUEST FOR FUNDING IN THE AMOUNT OF
$7,100, ANY POSSIBLE FURTHER FUNDING TO BE
CONTINGENT UPON EVIDENCE FROM THE STATE OF FLORIDA
THAT STATE FUNDS HAVE BEEN COMMITTED TO THE
WASHINGTON HEIGHTS GROUP: FURTHER SCHEDULING THIS
ITEM TO COME BACK ON THE MEETING OF FEBRUARY 11TH,
1981
Upon being seconded by Corrtiissioner Lacasa, the motion was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Coirsiiissioner Joe Carollo
Commissioner Armando Lacasa
ViceMayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES. None
ABSENT: None
ON ROLL CALL:
Mr. Plummer: With the understanding that the motion states that we are
giving the remaining portion of the balance of the fund that we alrady
have allocated, I vote yes. I want it clear.
Mr. Florence: With the provision to come back...
FOLLOWING ROLL CALL:
Father Gibson: Mr. Mayor, you've passed this. I want to make a comment.
I thought when we did this business it was clearly understood that you
all were going to be funded the way you are now going. I want to say
so it will be crystal clear, when you come back here onthe lst, I want...
I started to ask for that today, now, But I didn't. I thought I'd be
rather generous. I want the letter. You know what I mean by.,.no, no,
I don't want that. I want the letter from the agency which says we are
going to tango. You understand what I mean?
Mr. Florence; Indicating that they're processing the application.
Father Gibson: Plummer, Wait a minute man. I want the letter when you
come here to talk about any further, that the agency must say Moses Florence
and whatever the development is, you know, k'ashngton Heights, Moses
Florence, President, we will tango on such and such a date. That
is the only thing I want to heal,
Mr. Florence; All right, sir. I think that will be available to you,
Father Gibson, Po you understand what I mean? I den t want that
r
Rev. Gibson: (Cont'd) T have >.r'plied and 1 have good intentions or it
is pretty much conceded T want the letter saving; and if you were smart,
let rite do the other thing, If T were you I would hand deliver that to
Tallahassee. That's what you ought to do, you fool around and mail it, and
don't talk about the mail around here, it may be next year before it gets
there and you'd better get on the plane and deliver it.
GIs. Moses: Father, it is in Tallahassee now.
}rev. Gibson: Listen, you didn't get the point; You know, if you were knock'=
ing at the door they would say something to you to get you out of the office.
Ordinarily when I get all the mail I get across my desk I read it when I get
time but all the people who come in my office, I know the buck stops with me
and I'd better talk with them so I could get them out of there.
Mayor Ferre: All. right, have we called the roll?
Ms. Hirai: Yes, sir.
36. APPROVE REQUEST OF JO5E MENDEZ FOR ADDITIONAL
FUNDING (C.D.) WYNWOOD ELDERLY CENTER.
WIN N
Mr. Jose Mendez: My naine is oosu Mlend�,z and I reside at 280 N.W. 34th Street.
I am not going to read to you the wholo statement, I'm sure you are kind of
tired by this time ann you know very tnuc:h what I'm here to talk to you about.
I'd like tr., hic.,hlidht pago 3 `.c thjr�i page. On the second part of the first
paragraph I an, r-?questing : '_2, 4� to complete year 6. It sounds like a lot of
money but w1l"I n we arc, talking in dotail.s as to how that money is going to be
used we are not really talki.tiq .about a lot of money. We are talking of approx-
imately three thousand and -hange f:Dr each one of the employees that we are
trying to pick up to 3,ietE- the. year.. We are also talking about maintenance
for the two wagons that have, fringe benefits and so on so actually it is
not really that much that we are talking about and because I cannot be here
on the 22nd, and t.h,:+t was my prime reason why I have requested to be heard to-
night or today,'I am asking that the $120,405 that will be asked for for year
7 that has already been approved by the community be approved. Generally,
while the City of Miami thrc-ugh the staff of Community Development has done
is that as it progresses year by year they approve an increase of 5%. Every-
body around here knows that 5% is no longer feasible. So what we are talking
about for the following year is that that we had last year plus to be able to
pick up the two positions that we are asking for the remaining of the 6th year.
That's one part of my presentation and at this time I would also like to in-
form, and this is just a matter of information to be able to set the place
clear for whenever it cornes to the Commission, that as of today, tonight, the
only person, the ;only developer that has appeared several times before the
Citizens 'Part ici.pation component of the.Wynwood area has been*Mr. Antonio
Arian. We have made several resolutions at our meetings and we nave seen Mr.
Arias' presentation to us and we are embracing - maybe because we have not
seen anybody else - the idea of developing more housing in the Wynwood com-
munity. So I would like to keep this Commission posted as to what, is happen-
ing in regard to housing in that area. That's just in the form of information.
' Mayor Ferre, before I leave tonight I really would like you people to consider
the approval of this request for the elderly program,
Mayor Ferre: All r fight .
Mr. Lacasa; The question that I have, Jose, is where are those moneys that
you are requesting doing to come from?
Mayor Ferre; $12,463.
Mr. Lacasa; C.D, money, CETA money, General Fund,._,
Mr. Mendez; C. D money, Community Development.
Mayor Ferre; What Father Gibson asked me, and I'm sure he'll ask you when he
returns, is have you been to the C, D, Poard and do you have your approval.
Mr. Mendez. Have i been to the C. D. Doaxd?
Mayor Ferre: Did you take it to your board
_1.t,r_
Mr. Mendez, Mayor, t am the Chairman of that..,. 'Listen to me, please,
it's the only way 1 can explain it to you. Every item that is in this
documant has been presented to the Citizens Participation Component and
every item here has been approved,
Mayor Ferre: Is the answer yes?
Mr Mendezt Yes.
Mayor Ferret You did go to the C. D. Hoard and it was approved. okay.
Mr. Mendezt We don't have a board, we have a chairman, vice-chairman, that
type of thing,
Mayor ferret Did the chairman,namely you, or the vice-chairman take it to
the community for discussion and for a vote? Father, the answer to your ques-
tion is - has it been to the C. D. Board? - the answer is yes. He's the chair
man.
Mr. Mendez: The answer is yes. Every item in this document has been before
the Citizens participation Component of Community Develoment and it has been
approved unanimously.
Mayor Ferret All right, now the administration.
Mr. Fosmoen: Mr. Mayor, you are really looking an issue that is more appro-
priately discussed next week when you consider the entire Community Develop-
ment funding package for the 7th year. If the Commission chose to provide
this increase it would be really addressing a policy issue. The Commission
has directed the administration to reduce its level of expenditures by nearly
lt`= so that we can go into 196U at a lower level of service and with fewer
employees. Our recommendation is that each of the social service agencies
be limited to a cq increase as opposed to a 10% reduction which your own ad-
ministrative staff is having to suffer. if you approve this you're going to
have a Number of other agencies seeking additional fundine for serial servicps
and you you'll continue to cut into dollars available for Capital Improvements
in the community which is the basic purpose of Community Development funding.
In addition to that, as I understand it, Mr. Mendez is asking for some dol-
lars to pick up employees that are currently employed through CETA. That is
very nice but the slots will still be available to Mr. Mendez, the persons
may change but the slots will still be available and the objective of the
CETA program is to put people into continued employment outside of the public
sector after they have received training.
Mayor Ferret Mr. Fosmoen, I have no problems with Mr. Mendez......
Mr. Mendez: Mr. Mayor, may I clarify something?
Mayor Ferret No, you may not, let me finish my statement and then you can
talk. I have no problem with Mr. Mendez on his first request. I do have a
problem with the second request because I think you're emminently correct
and that there are CETA positions available for him, that it is not the pur-
pose of this program to save people their particular jobs rather than make
available individuals to perform the function and if it has to be because
of the CETA regulations different people that's something unfortunate but
,it has to be, we don't set those rules.
Ms. Dena Spillman: Mr. Mayor. I would like to clarify, if you approve the
additional $12,000 you are, in fact, obligating yourself to an additional.
$25,000 beginning in the next year because they will have hired people and
they will be operating at that level so we're buying into it by doing that.
Mayor Ferret I got you, Mendez?
Mr, McOez: Let me respond to something that the Manager has said, The Man-
ager has said to this Commission that by doing this that you will cut funds
on capital improvements allocated to the area, Dick i hear you to say that?
mayor Ferro; Yes,
, kendez +et me poy to the Commission, I don't know how many of you have
been reading the newspaper in the last couple of weeks, T have been saying
to the newspaper and f've been saying to Pena $piJlman and to everypne that
Z have been talking to that the City of Miami has not done, has not $pent
one single dollar in the last couple of Yews in ogpital jmproveit►ents in the
Wynwood $rea. I don't know what money you all are talking aboL�t Futtilig fFom
121 JAN
the area, if you're not spending any money in the area how can you cut ft-ot'n
the areal
Mr, Plummer: Mr. Mendez, Jose? By your own admission I think you have cut
your own financial throat, on page 4 of your document which I will read from
you boastfully state that you have received in Wynwood $2,060,000 for six years
or $343,333i33. Now, if you haven't used it for capital expenses what the hell
have you done with it?
Mr, Mendett I am very very glad that you have helped me
Mr, Plummer: We help each other,
Mr. Mendez: That you have helped me to interpret this for the Commission.
$2,060,000 is the moneys that have been spent in Wynwood from year one to
year three,
Mr. Plummer: No, it says here from year one to year six.
Mr. Mendez: We cannot talk about from year one to year three, we have to say
from year one to year six but the reality that I'm saying, Dena would not
allow me to lie to you. She will adroit, she is very honest, that's one thing
about that lady, she is extremely honest and she will admit that in the last
two years no moneys have been spent in the Wynwood area for capital improve-
ments.
Mr. Plummer: I didn't say that, sir.
Mr. Mendez: And $2,060,000 is the least of the moneys that have been allocated
to any Coin-nunity Development Target Area and the City of Miami has eight tar-
get areas. So what. I'm saying tc you, that if you put both on a balance,
brother Plummer, we have been taking crumbs out of the table.
►•ir. Plummer: Mr. Mendez, is there not a federal formula that is applied in the
grants of moneys to the target. areas? There is not a population?
Mr. Fosmoen: Commissioner, this Commission seven years ago set a policy on
distribution of dollars among the target areas and it is based on population,
poverty, over -crowding and other conditions in the neighborhood.
Mr. Plummer: All right, there is a policy that says how much each target area
is going to get
Mr. Fosmoen: Yes, and in some cases the Commission has indicated that they
want more dollars spent in the neighborhood and in other cases they have indi-
cated less.
Ms. Spillman: Two points: Our Community Development Block Grant next year
has been cut by Congress and we don't know yet what kind of cut it is going
to be, it could be from....
Mr. Mendez: We're not talking about next year, this year. -
Ms. Spillman: Well, it goes into next year, Jose, between 2 to 5% of
$11,000,o00 will be cut off our grant. The second point I'd like to make
is that we're going to be discussing all these items at our public hearing
'next week and you'll get a full status report on all the projects and it
would be more appropriate to make a decision at that time now that you've
heard Mr. Mendez's request.
Mr. Plummer; Well, okay, i'v(r got no problem with that. What she's saying
is, Jose, let's put the whole ball of wax together next week and after that
we could maybe more intelligently make a decision.
Mr. Mender; J. L you weren't here when I said - let me first say this to
all of you, When I had made my petition to appear before this Commission
Angela Bellamy told me th•3t I was one day late. One day late, I have to
appear to the goo3t,ess of Bather Gibson so I can be on the agenda today.
That was two weeks ago. Okay? I know somebody that you all allowed to
speak and as you said it yourself, only received the petition yesterday.
What I'm say.�ng to you, a, L., is that when I wrote to Father Gibson, I said
Father, I'going to be = and Dena knows this top because the of
in Miami
s footing the ball for ;ne to go to Washington on the �2nd to participate
at the National Cite erts' Participation Counpills Gonferei#ee, $p I'm going
to be out of here on the 22nd. That is the poly reason why T am Ap@4k nq to
you or why t arh taking this tifiie tonight otherwise i would have waited until
htkt week
Mt, PlUt*t: All tight; what is the answet7
kr. Mender# f toban how mote honest cAn t be?
Mt. Eosffloen: Out tecoiinendation; gehtleo!ehj is that this item be deferred and
consideted with the remainder of the funding requests during yout public hear-
inch neXt week and there is a vice-chairman in Wynwood, isn't there?
Mrs Lacasat The item has two different sub=items► One it the request for the
$12,000 and the other is the request for the $120,000. You see, when we have
allocated to some other areas, Little Havana.'for instance, is one good example,
substantial amounts of money and we have Wynwood that is probably one of the
most backward areas, and I quite frankly, I will take exception to.the request
for the $120,000, Jose, because they are CETA considerations and I see that
the Manager has a valid point that the position is there but I would certainly
move that we do approve now the $12#000 requested and then we will consider in
the future the $120,000.
INAUDIBLE STATEMENT FROM THE AUDIENCE.
Mr, Lacasa: Whatever it is, let's approve the 12 now.
Mayor Ferret Is there a second?
Mr, Carollo: Are we talking about $12,463? Until when is this going to get
him through?
Ms. Spillman: That would be from now until June 30th of this year until the
next C. D. year begins.
Mr. Carollo: According to the motion is, this will not compromise us to ap-
prove the 120,000 June 30th?
Ms. Spillman: Well, what would happen then on June 30th, if you don't ap-
prove $120,000 for them they will have to fire their staff or some of their
staff.
Mr. Carollo: I'll leave that up to you to negotiate with them, Dena.
Ms. Spillman: That will be next week
Mayor Ferre: Is that a second?
Mr. Carollo: I second it.
The following motion was introduced by Commissioner Lacasa who moved
its adoption:
MOTION NO. 81-27
A MOTION OF THE CITY COMMISSION APPROVING MR. JOSE MENDEZ'S
REQUEST FOR ADDITIONAL C.D. FUNDING FOR THE WYNWOOD ELDERLY
CENTER, INC. IN THE AMOUNT OF $12,463.000 WHICH FUNDS ARE
TO CARRY HIM THROUGH JUNE 30, 1981 (END OF THE FISCAL YEAR).
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote -
AYES; Commissioner Joe Carollo
Commissioner Armando I,aoAsa
Commissioner J. L. Plummer, Jr.
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A, Ferre
NOES; None.
7. CONTINUED DISCUSSION AND SERIES OF MOTIONS:
(A) DEVELOPMENT ORDEk FOi2 SOUTHEAST 8ANK
Mayor Ferret All right, Mr. Reid, Mr. Colson and Mr6 Aurell, are you ready
how to come back to this Commission? What have you got? on the record, into
the microphone; Mr. Colson.
Mr. Colson: Mr. Kenzie has the document to hand to you, has he not handed it
to you?
Mayor Ferre: No,
Mr. F'osmoen: I think Roy is typing it.
Mr. Colson: Would you like for me to read it?
Mr. Carollo: Hill, if you could read it then we could read it again when we
get it, go over it again.
Mayor Ferre: I think it would be better if we could read it. Mr. Plummer, in
the meantive I know you've got two hours worth of questions. Oh, there's Air.--=
Roy, would you get copies to the members of the Commission? Well, ',I,et us read
it while you're signing it. The members of the Commission have now had the
opportunity to read this document, assuming it will be signed by both parties
I think this is great progress. All right, Mr. Plummer, you have a whole ser-
ies of questions, do you want r_c start? Father Gibson?
Rev. Gibson: Am I to understand, gentlemen, let me see, both parties, one to
one mike and one to the other. Let me ask, are you the other party, sir?,
Mr. Carollo: We switched corners now, I sce.
Rev. Gibson: Yes, I have no problem with that. Let me make sure I understand
since_ I'm the guy who said there ought to be this written document. Southeast
Financial Center,'who signs for southeast?
Mr. Colson: Mr. Bassett.
Rev. Gibson: Mr. Massett. Miami Center Phase II, Hollywell Corporation, who
signs for them?
Mr. Jonrn Aurell: 1 sign for Miami Center Phase II as its attorney.
Rev. Gibson: I see
Mr. Plummer: It is binding.
Rev. Gibson: I want to raise the other question. The reason I'm asking, Mr,
Bassett signed for Southeast Financial Center. okay, look, I... I just want
to make sur,-- you hear me. I'm taking for granted that you have the full author-
'ity to sign.
Mr. Colson: if., does have the full authority.
Rev, Gibson: All right, lot me ask a question. Counsel, is that the way,
that's legal, that's binding?
Mr. Knox: Yes, sir, and 1 millht olarify that both parties to the agreement
have voluntarily,
Rev, Gibson: I can't hear yoti.
Mr. Knox: Both parties who ate offec:•tod have voluntarily agreed and implicit
in that agreement and spelled out o,j the fare of it is that it will be appended
to the Povelopment order and will opet'ate as. _.. , ,
,Rev. Gi.peon; That isn't what l'm talking about. You're the lawyer for 11r,
13es4ett?
141r+ Colson Yos,, Commissioner,
2 J I P 1581
Ad,v, Gibson: All might; listen. I just Want to make Buie everybody hdAft
to so 1 don't have to go through this latot, You didh't sigh, he signed,
, ColsoYt Correct, And to did Mr, Rand of Jerald Mines,
Rev. Gibson: F'ihe. You knout► you're just a lawyer,
fir. Aurell: Just an old lawyer,
Rev, Gibsont Well all right, you know. Counsel, I'm asking so I could be
made Whole, I'm hot worried about anybody else being made whole. If that
lawyer signs for his client that's binding.
11r. Knbxt We can remove doubt by having the lawyer represent on the public
record that he has authority to sign on behalf of his client:
Revs. Gibson: All right, that's what I want to hear,
Mr. Plummer' Excuse me, isn't there a gentleman, didn't you indicate a Vice -
President of Hollywell?
Mr. Aurell: He's right there.
Mr. Plummer: Why isn't he signing?
UNIDENTIFIED SPEAKERt Because when Mr. Colson and Mr. Traurig left the of-
fice I was of the impression that they were going to sign on behalf of South-
east Bank. I'll be glad to sign it....:.
Mayor Ferre: It doesn't matter.
Mr. Plummer: Well, I think it does to Father.
Mayor Ferre: Please, it will not in a moment because the attorney, unless you
disagree said that if on the record Mr. Aurell stipulates that he has the
authority to sign that's acceptable. Now, do you have any objections to that
or any problems?
Mr. Colson: I absolutely trust Mr. Aurell's representation and the only thing
I would ask the Commission is that he also represents Miami Center I. I'm
sure that there is no question about that so that we don't come back and hear
that Miami Center I......
Rev. Gibson: Mr. Mayor, oh Mr. Mayor, I know how you are, I understand you
but I'm an old coon. You're the vice-president, sir? Sir, I'd like for you
to sign. No, not this, I want you to sign those other papers out there. Oh
yes.
Mayor Ferre: Do you have any problems with signing? And Mr. Aurell, will you
stipulate again once again that both you and the vice-president have the right
to sign and that you represent Mr. Gould and his interests for both Miami Cen-
ter I and Miami Center II?
Mr. Aurell: All of that is correct, Mayor Ferre.
Rev. Gibson; All right.
Mayor Ferre: Okay? Now, does that satisfy you?
Mr. Plummer; Do you have a diploma and certificate certifying that?
Mr. Aurell; He pays my bills.
Mr. Carollo; if you don't I hope you don't catch leukemia real quick and have
month to live,
Kiev, Gibson; I Want to say this out of fairness to all of us, I'm sure this is
the furtherest we have gotten in this community in a long long long time. This
is really progress because in any 65 years, men who steal with money don't get to
come together Me this that quick.
lir:ppison; We appreciate -your patienc+Tf and may I respectfully suggest, with-
out trying to run the Agenda or anything, but we do have pending our approval
and in it Mr. Trourig eoked for 4 detail of the change gs You make that r►otion.
Mayor tetre3 What i,d like to do# Bill, and then plummet has some questibns,
but t think since we to All hopefuily in agreement as fat a9 this doeument is
COnoetned is to ask for a motion and a second and vote on this document tb
iheotpotate it and then we would have a motion on the MAin, tte% 2 And theh
t will tecognite plumes for whatever questions z either before or after the
fiiotion, t don't care, OkayP
Mt, Plummert tt's iftnaterialo they aren't going to go away.
Rev. Gibson: I move this document,
Mayor Ferret All right, Gibson moves► Lacasa seconds, the conditions related
to the development of a second level pedestrian promenade as presented and
stipulated that they are properly signed by their respective parties namely
southeast Financial Center and Miami Center Phase t and II and the Cletk has
a copy of it. Further discussion?
Mr, Plummer: Under discussion, Mr. Mayor, this wording is very loose and t
want on the record, Mr -Colson what is the extent of the second floor level
promenade.
Mr. Traurig: What is the extent?
Mr. Plummert Yes, are we talking about that that football field put it as a
second level because that's the understanding?
Mayor Ferret No.
Mr. Traurig No, the second level promenade, Mr. Plummer, is depicted.....
Mr. Plummer: There is no description here. You see, the City has been asking
for you to make a second level promenade.
Mr. Traurig: But by an exhibit that is already a part of the proposed Develop-
ment Order. It reflects this area as a promenade area, it goes from Biscayne
Boulevard to 3rd Pvenue and it goes the entire width of 3rd Street.
Mayor Ferre: In the promen,'~:, in the Development Order it is already stip-
ulated that way so in other words you're saying, Mr. Traurig, that legally
there is no question as to what the definition of the promenade is.
Mr. Traurig: That's correct.
Mr.Colson Let me - this is the document right here and then here is the
document right here.....
Mr. Plummer: I suggest that you take that map and you encirlce and get both
parties to initial the understanding and attach it to the document.
Mr.Colson: But let me respectfully disagree with it. I think....
Mr. Plummer: Respectfully fine disagree no.
Mr.Colson; All right.- I think that probably the main issue in our negot-
iations before we comeback to you, that the main issue will be what is the
extent. I think that, that's why I was going to point to the model dawn here
.that Mr," Kenzie made, is that.....
INAUDIBLE COMMENT OFF THE PUBLIC RECORD,
Mr, Colson; (cont'd) .,.,that we're going tonight to make our architects
sit down and say that is exactly what itis. 'That is the purpose of them
going to work in San Francisco and our architects have agreed to go to work
in San Francisco and so the extent is absolutely one of the most important
matters of agreement between the parties, So there are two or three dif-
ferent ideas. I hope that our two architects will come up with a far better
solution than those,
Mr, Plummer; NrXoison, • You might recall, sir, that there is a third idea,
that of ter, ReJd'h. And he spoke to a second level promenade and it is Py
understanding that Mr, Reid was pushing to get you to put in a second level.
It is not delineated in here,
Mr,cgloon but i think Xr, Rein has agreed that he is willing to listen
to our arch tuts if they two of its agree pn it that he would Bove to put
his PtAmp of approval or dipA provai but we're asking riot to behandou€€ed
Q either side in 44vange,
Mks PtU oiler: Okay# l hope you don`t live to regret its
Mt, Traurigi further supplementing that, Commissionef, in the agreefh6ht we
hVe agreed to coordinate with the City so that Mrr Reid's peoplei and i
assume the DbA will have some input into this process, but I think that the
record is clear as to what the second level pedestrian Systet is and we have
merely changed the wording to read protehade:
Mayor Ferret All right, are we ready to vote now?
Mr, Plummer: On this issue, yes.
The following motion was introduced by Commissioner Gibson who moved
its adoptions
MOTION NO. 81-28
A MOTION OF THE CITY COMMISSION REQUESTING THE PRINCIPALS FROM
BOTH SOUTHEAST BANK FINANCIAL CENTER (Gerald Hines Interests
and Southeast Banks) AND MIAMI CENTER PHASE II (Hollywell Cor-
poration) TO AGREE AS TO CERTAIN CONDITIONS RELATING TO THE
DEVELOPMENT OF A SECOND LEVEL PEDESTRIAN PROMENADE TO BE BUILT
BETWEEN SOUTHEAST BANK FINA14CIAL CENTER AND MIAMI CENTER --PHASE It,
BRIDGING S.E. 3RD STREET IN THE DOWNTOW14 AREA; SUCH AGREEMENT
HAVING BEEN PREPAPZD AND EXECUTED AT THE CITY COMMISSION
MEETING HELD ON THIS SAME DATE.
Upon being seconded by Commissioner Lacasa, the motion was passed and
adopted by the following vote -
AYES: Commissioner Armando Lacasa
Commissioner J. L. Plummer, Jr.
Vice -Mayor (Rev.) Theodore R. Gibson
Mayer Maurice A. Ferre
NOES: Commissioner Joe Carollo (Absent on roll call but later requested to
be shown as voting in the negative on this
item).
Mayor Ferre: Mr. Plummet, the Chair recognizes you now.
Mr. Plummer: Well., let's start with Mr. Aurell, give Mr. Traurig time to sit
down. Basically though, the other side can listen because the same questions
are going to be asked. Excuse me, it was my understanding, Mr. Mayor, that
there was an individual here from the State Department of Transportation. Is
there a representative here from the Dade County Traffic Division? Well, who
in the hell is going to speak to the traffic problem? (INAUDIBLE COMMENT FROM
AUDIENCE) Huh? The plan is not what I want to hear. You know what I'm try-
ing to do, I'm trying to get the State on the record to say they're going to
fund the money.
Mayor Ferret Well, you know, an engineer from District VI or whatever it is
isn't about to go on the record, he won't sleep tonight
Mr. Plummer: That's his problem.
Mayor Ferre: Go ahead.
Mr. Plummer; Mr. Aurell, there was a question raised about your client's
filing a second DRI.Is that the wording, Mr. Peterson, DRI? Okay. Would
you expound on that, please?
Mr. Aurell; I'm not too sure I understand what you're referring to, Commis-
sioner, unless,,.,
Mr. Plummer; Then I will ask Mr. Colson or Mr, Traurig who made the inclina-
tion that there was a second - someone made that..,,,.
Mr, Posmoen; Commissioner, 1 believe when there was a suggestion made that
the ,air rights were somehow controlled by Mr,' Gould Mr, Gould indicated it
was his intention to file an alternative, to make available an alternative
40VOlopment order and that now is a moot point,
Mr. AurVII On, it is a new proposed deyejopment order,
Mayor Forre; PlAt that's not #)efore us,
i
Mt. pltuiimer: What I'm getting to, Mir. Mayor, if he is, in fact, going to
file a new one,
Mayor Ferre: No.
Mr. Aurell: All right, 1 think I can respond to your question. As part of
helping this Commission prepare for this hearing tonight, Mr. Gould after
last Wednesday's meeting before the Planning Advisory Board submitted sug-
gested language change in the Development order that had been proposed by
the City concerning the pedestrian plaza. That has now all been mooted by
what we've agreed to this evening and you can forget that.
Mayor Ferre: so that's all been clarified by this statement that has been
agreed to and we're ready to proceed on what is before us at the time.
Mr. Plummer: No, I thought we had resolved this.
Mayor Ferre: But that's what he's saying, that by resolving this, your
question and all of that stuff is moot.
Mr. Plummer: No, I disagree, Mr. Mayor, the letter I have from Hollywell
doesn't speak just to Southeast 3rd Street, it speaks to all of the streets
in and around his property but is not moot:
Mr. Colson: I think I can sclve it.
Mr. Plummer: No, I don't want you to solve it.
Mayor Ferre: Why not, if he can help?
Mr. Plurnmer: Because it's not him or, the record, it is this gentleman's
client whc sent a letter., not MY.Colson's client.
Mayor Ferre: But if Colson. ias a solution to it why wouldn't you want to
hear it?
Mr. Pl.umrner: I'm will.in.7 to listen.
Mr. Colson: I'm sur^ he can solve it.
Mr. Au. --Al- Well, I'll try. That letter in view of what we have done this
evening is a :Hoot matter.
Mayor Ferre: Are you stipulating then, I think it is the clearest way to
clarify it, that your client is withdrawing that letter?
Mr. Aurell: -That's correct.
Mayor Ferre: On the record, you're now saying that that letter is null and
void and you're withdrawing it.
Mr. Aurell: That letter is null and void, it is withdrawn along with a pro-
posed language change, submitted with the letter which is the proposed form
of the development order, you will see it is exactly the same as the previous
one except with the change language underlined to show where the changes were
made.
+Mr. Plummer: So you're satating for the record that your client no longer
is claiming air right of the public streets?
Mr. Aurell: That's correct, that's based upon the agreement that we've made
tonight.,..
Mr, Plummer: Well, that has already been accepted and binding,
Mayor Ferre: No, because it hasn't concluded, as I understand based on the
successful conclusion on the 22nd or whenever you're going to come back with
all of this,
Mr, Plummer; Nee, Mr. Mayor, here's the problem: If you read Item 4, Item 4
specifically states only Southeast 3rd Street, There are other streets and
avenues involved,
Mayon Ferre: Mummer, let's heave it this way � that when you come back on
the 2Znd that you will satisfy to the City Attorneys attention that any
claims Qn your olient'a part pending the success€ul whatever of y9,4r reguept
have been dtopped and are riot enforceable and it they do ekist yeti tuth them
oVet to the City,
Mr, Autolit l think the itnpottant point to understand is the ptovision in
both of the ptoposed development otdets that has been in since the beginning
that all the parties will giant the necessary easements and perMits to the
others which will enable this development to go forward and a number of the
petmits and easements that may be required will be waivers of Claims to air
tights and perhaps others, 'Thete will be a list that the lawyers along with
the City will make up,
Mayor Verret Hut John, you see what J, L, is saying is that it isn't just
3rd Street but all of the DuPont Plaza claim,
Mr. Plummer: The letter claimed air rights of all, this document speaks t0
S.E, 3rd Street,
Mayor Ferre: And those that are within your jurisdiction as property owners.
Mr.'Aurell: Mr, Gould, Hollywell, will claim no air rights assuming that we
go forward with what we have done tonight.
Mr. Plummer: over any of the area and its surroundings.
Mr. Aurell: That's correct.
Mr. Plummer: okay. For the record, you are indicating that there is to be nor
is there contemplated to be a new DRI filed by Miami Center Associates?
Mr. Aurell: Oh no, and just so we understand, the DRI is a development of
regional impactapplication that is filed with the Regional Planning Council
and that is what has led us here tonight. The development order is the end
result of the DRI process which is issued by. this City Commission based upon
that DRI application and all the study that has gone on and I think there is
some confusion between DRI and the development order itself.
Mr. Plummer: All right, sir. Mr. Aurell, your client is asking - Mr. Reid -
for three variances. Is that correct, Mr. Reid?
Mr. Reid: He will require for the development to go forward two variances
and one Conditional Ilse Permit.
Mr. Plummer: All right. Mr. Aurell, according to the City Charter to be
granted a variance you have to prove a hardship. Let's speak to the first
variance of height, what is your hardship?
Mr. Aurell: Mr. Plummer, we would not be able to economically build the
project that we wish to build without being able to go the height that it is
designed for, it just would not make good business sense. That is the same
basis that we received variances with the previous Miami Center I DRI.
Mr. Plummer: Mr. Aurell, excuse me, sir, economics is not considered - Mr.
Knox, would you read, please, the three items in which you qualify for a
hardship?
'Mr. Carollo; J. L., while he is doing that, can I ask him one question?
Mr. Plummer; Sure,
Mr. Carollo; Was that one of the same cases with Phase I of your project?
Mr. Aurell; Well, Miami. Center I was a separate DRI which this Commission
approved and entered a development order and it is under,...
Mr. Carollo; My question is that the amount of units that this Commission gave
a variance for you to build in Phase T in order for you to build that project
was one of the reasons also the one you stated now that the only way you could
have built that project was to have been given from this Commission to have
had the amount of units that you have now there in Plant?
Mr, Aurell; Us, air, that's correct and that was stated from the beginning
in the PRZ ,application ail- the way through.
Mr. +far--P119; Okay, in Other words, if you hadn't have had so many 'Unity sip -
proved by thiso?ssion that would ha►e meant thatrhatever ;nits you cOull
actually have put in there without getting a "variance froth this Coftlhission
they would have had to have been sold to the public at a much more eicpeh§ ive
price then, correct?
Mr. Autell: What's might, it just would not have been economically viable,
Mt., Catolloc Thank you:
Rt, 'Plummer: Mr# Knox, are you ready to read into the record the three quali=
fications for a hardship?
Mr. Knoxi We're getting a copy of the Comprehensive Zoning ordinance," I will
read from the Code of the City of Miami; Chapter 62-35 relative to variances
and the power of the Board relative to variances. To authorize upon applica
tion such variance from the terms of the Comprehensive Zoning Ordinance of the
City as would not be conferred to the public interest where owing to special
conditions a literal enforcement of the provisions of the Comprehensive Zon-
ing Ordinance of the City would result in unnecessary and undue hardship.
Mr. Aurell: As we said before and as I am sure the bank will say when it talks
about its height variance, the project is simply not doable without being able
to build a certain amount of space on it and the hardship comes down to the
fact that it is so hard that it cannot be done if you can't treat the property
that way. Aesthetically it is pore pleasing, it is better we think to go up
higher but have thinner towers, it creates better visibility for the rest of
the people in downtown Miami and we believe those are justifications. And
Finally', Commissioner Plummer, if as and when we come back here for our variance
we will be prepared to speak on that point and I believe that we can satisfy
you that we are entitled to one.
Mr. Plummer: The second variance, would you speak to that, please, what your
hardship is?
Mr. Aurell: You mean the parking?
.sir. Plummer: No, there is no requirement of parking. Is it the loading docks?
Mr. Reid:: It is the number of truck bays, loading docks.
Mr. Aurell: I'll be much better to comment on that one when we come back too,
hir. Coranissicner, for that variance, it is the loading docks for the trucks.
In the new :Zoning ordinance, as I understand it, it simply did not contemplate
anything of this substance and with the economies of scale gained in a pro-
ject like this we believe we will be able to show that we can adequately serve
the project and the public: with the facilities that we propose to build.
Mr. Plummer: The third item is the conditional use for parking.
Mr.. Aurell: Well, we have to get that in order to build in this zoning, we
have to get permission to put parking in - conditional use for parking. We
think it is very much in the public interest to build parking in order to
service the facility.
Mr. Plummer: All right. Mr. Peterson, if you would, sir. You have been most
insistent that rightfully so, that if possible these two projects should be
bound together. By bound, considered together. My question is, sir, the
,indication by Hollywell that you took up the Miami Center I as a separate
entity, that was a separate DRI, Now, as we are fully aware, and I hope you
are, that this Commission has told the developers that their approval on the
first phase of 1, they do not have approval on Phase II, You are aware of
that?
Mx. Peterson: Yes, sir,
Mr, Plummer: Was that taken into consideration by your board when they Spoke
to Phase- whatever this one is now called 1 think it is now called Phase IT s
and what relation to the impact of traffic and all the other problems? I
guess my real question is where this commission has not approved the condo
section and apartments or is it just condos?
Mr, Peterson; Condos,
Mr, Plummer; ,lust the condo section, has not approved, how did yob: ?t
into oonPidpratign?
Mr, Peterson; NO has not apprav@4,-p#rt of Miami Center 19
-_. fJAIN_�
Mr Plummet: Pxcuse the?
Mri Petersont You were saying you have not approved a part of Miami Center I?
Mr, Plummer: Correct, sir:
Mr: Aurelio I think that is an error., Coratissioner, the entirety of Miami
Center 1 which includes the hotel, the office building and both of the condo
towers has been approved.
Mr, Plummer: No,
Mr. Peterson: Yes it has, sir. That was a point that I tried to make earlier
that when you do.....
Mr. Plummer: Mr. Fosmoen, we brought that thing back and we told them in no
way, that in no way did the approval of the changes made, remember -Mr. Paul
was here screaming bloody murder about the building of the condos? Mr. Peid,
do you remember that? We told them under no Father Gibson was the one
that was most insistent upon that. There were design changes and that we did
not approve the condo.
Mayor Ferre: I think we ended up approving the whole thing.
Mr. Plummer: No, we didn't.
Mr. Reid: The development of Miami Center I was broken into two parts.
Mr. Plummer: That's right.
Mr. Reid: The development order for Miami Center I that the Commission approved
approved both the hotel and the office building,
Mr. Plummer: Right. _
Mr. Reid: In the review of the design plans of those phases of the development
there was a time period in which Dan Paul and the Commission had the right to
object to the configuration of the hotel. The second part of Miami Center I
was the condos which was approved by this Commission with respect to the DRI
and which was approved by the Zoning Board with respect to the Conditonal Use
required for housing.
Mr. Plummer: Is it now my recollection that they have to bring back before this
Commission final approval of plans for that condo area?
Mr. Reid: No, the condo area as approved in the context of the DRl, it met all
of the requirements of the Zoning ordinance with the exception of the Conditional
Use Permit on housing and when that requirement was approved by the Zoning Board
the development was authorized to go forward.
Mr. Plummer: Mr. Reid that's all I_had, Mr. Peterson. Mr. Reid, where was
the figure of 14.6 million dollars developed for the Bifurcation Plan and what
guarantees is there that it can be built for that amount of money?
Mr. Reid; The figure of 14.6 million dollars was derived from the latest avail-
-able state estimate for both the bifurcated, system, $14,000,000 for the bifurcated
system and other moneys for improvement of surface streets so that the total
system the state had been proposing was in excess of $18,000,000. It is basically
a figure derived from the state process in terms of estimating the design cost
for the roadway.
Mr, Plummer; Wouldn't the City be better off rather than stating as it is stat-
ed in the DRI, it is my understanding that Southeast is going to pick up 20%,
liollywell is going to pick up 60%, is that correct?
Mr. Reid; 80%,
Mr, Pluxpor; 80%, Okay, Wouldn't it be a lot smarter to protect this City to
apply percentages only without dollars assuming we know what is happening,
That that 14,6 suddenly turns into0?
Mr, Reid; Well, of Course, it is our basic recorgmendation that the moneys for
the system be sought from the state and these are the latest avajlabie State
estimates with respect to the cost of the system,
Mr. Plummer: An estimate is an est.lr�;ite_, it doesn`t mean hard dollars. Now
it would seem to be reasonable that you would change and come off of dollats
which you have no guarantee other than an estimate and go to percentages,
Mr. Reid: our assumption here was that the latest State estimate was `valid,
it was the latest and best data available and it should be the one incorpor=
ated into the developmn-.nt order.
Mr. Plummer: Do you have a prok.lern if we change it just to percentages?
Mr. Fosmoen: No, we don't.
Mr. Reid No, none.
Mr. Plummer: Mr. Reid, there was a contention previously made that stated
that Mr. Gould had objected to paying some $890,000 unless he owned it.
Would you go a little further crn that?
Mr. Reid: I think that thall dialogue is in the same context as the letter that Mr. Gould had sesnf: and wits referred to you earlier. He was talking with
respect to dif:fererit hseu , t -r. as to how the pedestrian system or the
pedestrian plaza piomQnade would be funded. Now, I think Mr. Gould indicated
on the record before t"ie � vi}or.y Board that he did not want to
participate in any prr,j(:ct i ; i< 'tl the City was relying on federal funds for
building a portion of the pr,_,;rc r:ade anf' that he preferred to build it and own
it all and, of course, doing. ti-,at Would be in excess of the figure of 800,000.
The point is that that discussion has been made irrelevant by the agreement
preferred today and also tlhe wil`.inq.ress of the applicant in Miami Center to
adhere to the terms c,f Che u:jreement as we suggested it which re-
tains the figure and, ,,r7 fa ',, :1753 it to over $900,000 in terms of a minimum
payment level
Mr. Plummer: And, , Ii :T'C'' 1 , a'c;l.?' Y"C stipulating for the record that your
client is now wil.!.i,r i`: tit r`JOI?Ejt?
Mr. Aurell: I'm st.l.Ia`1r;_; for tho record that my client is not of the posi-
tion that he was before the Planning AC:visory Board and if that condition is
in the development r.)rder as ] expect it will be then he has no choice but to
pay it and, of course, lh.e will i,ay it.
Mr.. Plummer: Mr. l'zc:id, I ,: ;c i -you ,,r. ;terday, sir, to go back and you said
you could compute and I ask you again, sir, what is the FAR?
Mr. Reid: The FAR m the blo k in question that you asked which is the most
intensively developed block by the Huilywell Corporation is 24.17.
Mr. Plummer: Did yci: compute the others?
�:r. Reid: no, sir, 7 c.or%pated r_l:e i'A.R. We have made -two FAR computations.
We have made the FAR computation for the Southeast block which is three
FAR computations for the Southeast Block which coincides with their total
development and that is a computation of 12.75. We have made a computation
for the separate most int.c:nsive Gould block as you asked for yesterday which
was 24.17 and we have a computation for the Gould 3 block development which
is a limitation in the development order. of 11.13.
Mr. Plummer: !Ir. Reid, 1 would like for you to expand further on your re-
quest on Southeast for the second level pedestrian promenade - that's the
football field not as it relates to the people mover.
Mr. Reid; The primary regaest with respect to the pedestrian plaza at 11 feet
elevation in the Southeast Bank's development was that they would screen that
plaza from the Hollywell truck bays(1) and (2) that they would provide pedes-
trian escalators to link up with the people mover system and I guess (3) that
if agreed to by them anti the owners of the existing Southeast Sank that in
the option a future pedestrian connection would come across.
tar. Plummer: Mr. Reid, your opinion of this entire proJect if the downtown
People Mover is not approveO, and I'm asking that because it does Seem to be
A reasonable doubt,
NMayor Ferro: Wait a minute, 1Et me first of a�l before you answer that ploriv
fy where we are as of this afternoon, Okay?
Mr, Reid: Yes, made a call this afternoon:
It) .,.
JA N
Mayor Perre: tie Downtown People Mover at this point is on its Way, Now,
What does that mean? What it meant is that we have committed and will have
cash in hand about $9,000,000 which is sufficient for us to award the prelim
inary dart of the contract which will get us going for the next 12 months
in addition to which we have had now just into the contract, that is 82-83
an additional $16*000#000 that will make it a total of 25 or 26,000,000 that
is how committed and that has nothing to do with our one-third participation,
in other words we've got to pay one=third which is what, $30,000,000?
Mr, Plummer: Sixty=nine as 1 remember the total.
Mayor Ferre: No, the local portion is l5, 10 and 5. Isn't that right, Walter,
do you remember? 15, 10 and 5, that's $30,000,000, So in addition to the
26 or 27 federal we've got $30,000,000 of our own so as of right now what we
absolutely definitely have in hand and committed is $56,000#000 out of the
total 89 that will be needed for construction. Now, it seems to me that with
$56,000,000 and with a couple of good Republicans like G. Swenson_and Hood
Bassett around, and I would certainly hope that you're still talking with Mr.
gush and Mr. Reagan and your other friends in Washington and I would hope
that you would be able to help us induce them into doing the little extra
that is needed to finish the project.
Mr. Plummer: What he's saying is after Wednesday Terre is going to get a
busy signal, he's on hold.
Mayor Ferre: I've got news for you, Papa, it doesn't work that way.
Mr. Reid: I did talk to Dr. John Dyer this afternoon and I'm authorized to
say that he said to me this afternoon, "that there is every indication
the loop will be completed".
Mayor Ferre: I have after the last two or three days no doubt that we have
at least 25 or $26,000,000, we may have $55,000,000 before Tuesday.
Mr. Plummer: Mr. Reid, based on your guestimate of the 14.6 I have only seen
documentation in which Southeast has offered to loan $3,000,000 for their por-
tion if the state doesn't come up with any funding. Did I overlook or did i
miss seeing in the Gould order an offer for 80% loan if the state doesn't- come
up with their offer?
Mr. Reid: In the Gould order there is a section, and I will identify it,
Section 16......
Mr. Aurell: We'd be happy to switch with Southeast.
Mr. Plummer: Southeast would be happy to switch with you if you would give,
them your property I'm sure.
Mr. Reid: Section 1.8(a) which does convey an obligation to them of 80% of the
14.6 million.
Mr. Plummer: Okay, now on what basis? And who's responsibility? That's
what I'm getting to, that's where I'm coming down to,
Mr. Fosmoen; If all else fails they're offering to loan us the funds,
At. Plummer: Yes, butonwhat basis? Now we've heard this generous offer of
Southeast of the going market price.
Mr, Fosmoen; For tax exempt bonds.
Mr. Plummer; Okay, is that written into the Gould order?
Mx, Reid; The Gould order contains language which is the same langauge that
was in the original Southeast order that they suggested a change: to that
arranged loans or bond purchases from government agencies of 80% of the 14,6
million..,.
Mr, Plummer: No, 80% of the cost, sir, I think we have now - Mr, Mayor, you
were not present - l hope that the Commission will accept the change from a
dollar figure on the cost of the road to a percentage fi9xe.
Mr, Reid; To be evidenced by a tax exempt governmental obligation with a
credit rating at least equal to that Otherwise available to SUCK investors
for similar obligations for similar inVestment portfolios if a �ubiiF sector
financing Package has not been commit e� y September 30, 082,
JAB
Mayor Ferret John, do you agree with that?
Kr, Aurell: Mayor Ferre, what: I would like to say is that we had agreed to
live with the same language that was in both ordet•s: if the Southeast language
is adopted as a change for its order we very much want the smite language ifs
ours.
Mayor Ferre: okay, but I saw Bill going like that so I guess what youite
saying is when Bill is going like that he's going like that for you too,
Mr, Reid: One more comment. We had also suggested an additional paragraph
that allowed the .language from south fl.orida, it allowed the state in effect
to enter into an agreement to fund it and be reimbursed so you may want to
consider that as an addition.
Mr, Plummer: No, I definitely want to do that. Now, how do I go about it:'
How do I get the State to accept their responsibility of building this bi-
furcation, that they're loaning the money and they've got to pay it back?
That's what I'm trying to get to.
Mayor Ferre: There's no way you can do that here: I wish you could, if you
figure it out let me 'now.
Mr. Reid: The language in the development order that we suggested as an
addition just permits such inequitable reimbursement agreement to take place
if the State as it did in t-he _case of Oinni deems it is possible to do it.
Mayor Ferre: You've got the best expert of Florida sitting out there in the
second row. Ask Walter, Revel., tht-re's no way you can stipulate in a document
that is going tc bi.n(3 the St as 1ee to fund anything,
Mr. Plummer: well, we can stipulate in the order that if they don't do it
we're not going to i)_�y for it.
Mayor Ferre: Yes, but s=?c , ,'. L,. , then what you're doing by that is then
condemning these people not. tc, build their building.
Air.. Plummer: rdu, mt. mayor, Vr, condemning, not condemning I'm upholding
taxpayers not paying, that's what I'm ::oing.
Mayor Ferrer, Well i'll tell you I'd like very much....
Mr. Plummer: We're spreading it across 8,000,000 instead of a million and a
half.
Mayor Ferre: I would like very much to see those figures that Mr. Coleson
flashed before us a little while ago coming into the coffers of the City of
Miami.
Mr. Fluinmer: We're going ,to get to that because those figures are not quite
Light.
Mayor Ferre: Well, T'm sure they're more.
Mr. Plummer: 24o, I'tn slue: they reflect what they were intended to reflect,
Mr. Aurell: Mayor Ferre, just so it is clear, if there is any change in the
Southeast language we will pick up the same changes in our order.
Mayor Ferre: Okay, proceed.
Mr. Plummer; 1 will want, Mr. Mayor, and hopefully a motion before this Com-
mission as we spoke before, that the variances spoken to before the PAB will
be brought before this Commission for final approval.
Mayor Ferre:_ Make the motion.,
Mr, Plummer. I make a motion that the variances requested by both parties
be brought before this Commission after the FAB Meeting for final. approval,
Mr. Fosmoen; Zoning Board, sir,
Mr. Plummer; The Zoning Board,
134
'J. ,:.
Mayor Ferret All right, in other words this stipulates at this point that
we are utiliZi.hg the right provided in the Charter or wherever it is that we
can call something up even if nobody appeals it.
Mrs Plummer! And that reservation be placed in the development orders the
right of this CorhmiSsioh to approve or disapprove that variances
Mayor Petre: This deals how with City of Miami internal stuff, This is the
Zoning Board and what you're saying is that no matter what the Zoning Board
roles it has to come before the City Commission.
Mr. Plummer: Except the comments of Mr. Peterson who said you must reserve
that right now or you lose it.
Mayor Ferre: That's right, that's what we're doing.
Mr. Plummer: So what I'm saying is that we put that in the development order.
Mayor Ferre: And there is a motion cn the floor to that....: Excuse me
please. Is there a second to that?
Rev. Gibson: Second.
Mayor Ferrel Second. Now, Mr. Reid.
to-. Reid: The stipulation contained in the development order says that the
approval is further limited by applicable provisions and procedures of the
Comprehensive Zoning ordinance, 6871. So we do have in both development
orders the statement that they are further subject to the conditions of our _
Zoning Ordinance.
Mr. Fosmoen: However, Commissioner Plummer is correct that a resolution is
appropriate at this time to -make sure that those issues come to this Commis-
sion.
Mr. Reid: Certainly.
Mayor Ferre: All right, further discussion?
Mr. Carollo: Yes, Mr. Mayor. Mr. Plummer, could you go over again what you're
trying to accomplish in your motion?
Mr. Plummer: Yes, sir. Under the present procedure the variances will be
heard as usual by the Zoning Board and if approved that's it, we never get _a
shot at it, we never have the bite at the end of the apple._ There is a provis-
ion that says that if the Commission requests we can have it brought before us
for final approval. I'm asking that be done.
Mayor Ferre: Wait a minute, and furthermore that it be stipulated in the
development order that we reserve those rights like Mr. Barry Peterson men-
tioned previously. Is that right? That's part of your motion?
Mr. Plummer: Yes, sir.
i-layor Ferre: Okay. And that's part of your second?
Rev. Gibson: Yes, sir.
Mayor Ferre: Now, Mr. Aurell, do you have any problems with that?
Mr. Aurell: The only thing 1 would add is that we would like our two variances
and conditional use to proceed at the same time as Southeast does as in the same
spirit that..,,.,
Mayor Ferre; Well, 1 don't think anybody can guarantee that, Kr, Colson, do
you Have any problems with it? Not with Mr. Aurell, but with the moti.on'>
Mr. Colson; With the motion we have no problem,
Mayor Ferre; All right, Mr. Aurell, l don't think that any entity could guarantee
that they're both going to be done at the same time, I mean l think, i world
hope that they would he done that way but I don't think there is a guarantee in
that,
XT, Aurell; Well., yati now know that we hope it will be done that way.,
10
Mayof to rei Okay. All right, further discussion on the motion at made?
All right, call the roll,please.
The following motion was introduced by Commissioner Plummer who moved
its adoption:
MOTION NO. 81-29
A MOTION OF T11E CITY C'OMIMISSION STIPULATING THAT ANY AND
ALL VARIANCES WHICH MAY BE F.EQUi STEO EITHER BY SOUTHEAST
BANK FINANCIAL CENTER OR BY MIAMI CENTER -PHASE II AND
WHICH HAVE BEEN F'F?Orr_RI,'i HEARD BEFORE THE ZONING, BOARD,
SHILL BE BRCU HT BACK BEFORE. THE CITY COMMISSION FOR
THEIR FURTHER CONSIDEPATION AND FINAL APPROVAL; FURTHER
INSTRUCTING viE CITY MANAGER TO INSERT A REVISION IN THE`
WORDING OF THE DEVELOPMX-NT ORDER SPECIFYING THE CITY COM-
MISSION'S RIGHT TO cJ.'PROVE 017 DISAPPROVE ANY SUCH VARIANCES
AS HEREINABOVE STATED. —
Upon being seconder; by C > r,iss .caner Gibson, the motion was passed and _
adopted by the vote
AYES: (1-'f •;missioner Jae Carollo
Commissioner Armando Lacasa
Commissioner J. L. Plummer, Jr. _
Vice-Ma_ycr. (Rev.} Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None.
Rev. Gibson: May I ask a-.rest.i.un? I know this is not regular. Mr. Peterson,
I want to get to know ya .et me ask you a question. Does it seem as
if we are going to get your, are we acting, moving, talking like you want us to
talk?
Mr. Peterson Yes, sir, ,)e.^y ao,
Rev. Gibson: Okay, I Just wcjr.L .,V make sure so that when they go, you know,
that they don't hit (what }inc of ',:all is that?) whatever those walls are
where you hit your head up and stone wall. I just want to know that they
will be coming with your blessing. You know blessing to me is a very import-
— ant thing.
Mr. Plummer: Yes, he charges for them.
-�- Rev. Gibson: Mr. Peterson, that's sacred and holy to me.
Mr. Peterson: If I Can a;nplif; just a little bit, I think you've made good
progress on the pedestrian upper level movement system. We have made less
progress on the ground level vehicular transportation system.
Mr. Plummer: Oh, we're going to get to that, Mr. Peterson, rest assured.
Mr. Peterson: I was hr•e:tt1 sure you would, J. L.
Rev. Gibson: I just wanted to make sure that we were coming, they would be
coming with your blessing
Mr. Peter:,,on: I'm proud to be working with you.
Rev, Gibson; You notice how I said that, they will be coming with your bless-
ing and that will be half of their battle to have your blessing,
Mr, Peterson: A small part,
Rev. Gibson; Oh no, that's a big part. And if you would indicate to them
that we tried, maybe they would be willing to bless. I'm going to be praying
now and I'm going to be calling you by name, I'm going to write that name
so I don't forget it, you know. I'm going to sax Mr, Peterson, Lord,,,,
Mr, Plummer; Father doesn't get a busy signal,
Rev, Gibson: Plummer, you don't understand me, All right, sir, I just want
to make sure
IOU
t „ . 1,
:+ :.• +Y4
Mr, Plurt&er 2 make a motion at this time that the wording of the development
order be changed from a dollar figure to a strict percentage, 20% Southeast
80% Hollywell, t make that in the form of a motion,
Mayor Ferret All right, is there a second to the motion?
Mr. Pl:ummee, That's for the bifurcation, of course,
Mayor Ferre: Mr. Colson I think before we get a second obviously they want
to ask whether you representing your clients agree to that.
Mt, Colson- Absolutely not, sir.
Mayor Ferret Absolutely not. Mr. Aurell, are you following these?
Kr. Aurellt (NOT UTILIZING MICROPHO,IE) I'm talking with:...
-Mayor Verret Okay, well while you're talking to your client....
Mr. Plummer: bid I get a second?
Mayor Ferret - You didn't get a second.
Mr. Plummer: Then tie's out of order.
Mayor Ferret No, J. L., you didn't get a second because Father Gibson as I....
Rev. Gibson: That's_ right,,1 wanted to know what affect that has - see, you
can't believe it I started to say my client....
Mayor Ferret You'd better be careful.
Rev. Gibson: He's all with thcase laws, you know.
Mr. Plummer: Mr. Carollo, would you ask your question again, please.
Rev. Gibson: No, Mr. Carollo, I -,ave no interest. You know what, Plummer, you
and I
Mayor Ferret How about ,cur cousin?
Rev. Gibson: Plutamer, yca and I are the only ones who don't have any equity
in these contracts.
Mr. Plummer: Father, after ten years on this Commission I keep telling people
still the same story and that is when you've got Gibson and Plummer we cover
you from birth to earth.
Mayor Ferre: You also cover us from 9 in the morning until 10 at night.
Rev. Gibson; We wanted to get your reaction to that before I make that second.
_ Mr. Plummer: Well then why not?
Mr.Colson I think that your concern is a very legitimate one about infla-
tion in the future and in the development order it specifically says that
.there is not only a percentage of 20% ....
Mr. Plummer: That's 20%, Mr.Colson, of a guestimate.
Mr. Colson: No, it is far more than a guestimate. But there was a task force
that worked through many many meetings, we had no input whatsoever into what it
would cost, it was the State of Florida's figures. But the important phrase
that is in there that I think that should protect the taxpayers is that it
would be in 1980 dollars so that it does change and you will be protected with
that. But to ask a developer to come build a building and say it is just open
ended is not whether we're good people, there is no one in the ward that would
lend either developer ten cents on that and we do not have the cash to build
the building and neither does the Gould interest but you're protected by the
use of the phrase 1980 dollars.
14r, P lwMer; Now does that protect me? What about if it runs,,,,
mr,cplpon; That takes care of inflation,
Mr, pllper; if it runs 20,000,QQO then yov're going to pick VP 20s of it?
137 (r A'
Mt. Colson No, Sir, it will be.....
Mr. Plummer: Who is going to pick up the retnainder7 That's what V m trying to
get at.
Mt, Colson: Well, I don't know what.: you..think there is going to be
enough money in tax increment financing and in other ways including the County
and the City participating if that ever became necessary. if the State of Flor-
ida turns on South Florida and it doesn't, I hope this community is not going
to stop and I hope that we're going to when we put in the millions and millions
$40,000,000 just Southeast over the next 20 years and it only costs 18,000,000
to build the whole thing I hope we're riot going to let north Florida run the
City of Miami.
Mr. Plummer: 'Mr. Colson, my concern is this, sire Based on the figure being
attached to this document it is a guestimate, you have no guarantee. What I
am saying, sir, as you know and I know things are skyrocketing. All right,
sir? If it cones out ',(:yond the 14.8 or 15 I don't think it is right'to make
it mandated upon the taxpayers to have to pick up that money. We would almost
have to go to a referendum, to do
Mr. Colson: Oh no, there i; no requirement that the City of Miami is going
to have to pick up that money or that anyone is.
Mr. Plummer: Then it's not goinci to be built.
Mr. Colson:: That gin, tally agree with that but you're protecting, if
it is going to skyrucket we're to}:ing the State of Florida figures, we had
Gene Simms, the h«ad -3f Transportat:ioil in bade County, we had. the City of
Miami people there, t; _ t:rs f, _ e-ccple, we had the Downtown People Mover, we
had everybody there_
Mr. Plummer: ter. C-ol: son, if road isn't built this whole thing falls
out of bed.
Mr. Col son: I dis.3,7z-etT it`, that as far as Southeast is concerned.
Mr. Plummer: Oh, I agree wit::; that too. �
. As far as So,,}theast I disagree with you.
Mr. Plummer: All rigt:t.
But, i'll tell you the other side of it, sir, that if it is left
open ended, if we can't ewer close down any of what our future obligations are
and it is just left as an open t.ebt I'm sure neither project will be built.
it is just something that just wouldn't happen. And I repeat that you are
protected from the number 1 danger which is inflation and inflation is one of
our biggest problems. it says 3.980 dollars. The Regional Planning Council
put this in, it was their idea and they put in 1980 dollars. Your City staff
has agreed to 1980 dollars and you are protected against the ravages of infla-
tion because of that
Mr. Fosmoen: What you're relying on, Commissioner, is the best estimate avail-
able of the construction cost today and it is covered through inflation, Infla
.tion in construction goes up 20% t.nen they have to increase their participation
by that amount.
Mr. Plummer: I'm not comfortable, I want to tell you. Mr, Colson, you need
variances, sir, variances require a hardship. Oh, you had to bring up the
expert, right? Mr. "V",
Mayor Ferre: Are you Robert "B" Traurig?
Mr. Traurig; Yes, I read that same Louis Salome column.
Mr, Plummer; How is the marina going?
Mr. Traurig; We have a lot or hardships, Commissioner, One of the hardships
is that you asked us the question.. But if you look at this model you can see
what we've done. When you talk about the height..,,
4r. Plummer: Yes, you've gone up 25 Stories ;Vlore than we'll allow,
when l look at the model,
r
Feat' s
JAN
Mt. Ttaurigt You're right, but you didn't look at the whole model, Because `
if you look at the football field we're at grade a whole football field. if
you look at the parking structure it is very low, We have just redistributed
softie of the office space in order to achieve a better design balance and a
better design concept: We have taken.... (INAUDIBLE, WALKED AWAY FROM micAO-
PHONE) to what we have done is to create open space as a result of going up.
Now, with regard to the hardship, if you want us to just fill up the block
and not have the football field and don't recognize = what was the language
you read, Mr. City Attorney? A literal enforcement would create a hardship?
It would create a hardship for the City. It would create a hardship for the
developer who's design concept would suffer: When you consider this in com-
parison with other similar office buildings which were granted variances as
to height above the 300 feet within two blocks of here this is a much better
design solution because we have created open space at ground level for the
public.
Mr. Plummer: Mr. Traurig, how many people do you propose to be in this build-
ing? Roughly, ball park? The paper spoke to....
UNINTELLIGIBLE CONVERSATION, MANY PEOPLE SPEAKING AT ONCE:
Mr. Plummer: The paper said 50,000 was it?
Y
Mr, Coleson: 45 in ours and it would be about 5.....
STATEMENT MADE AWAY FROM MICROPHONE
UNIDENTIFIED SPEAKER: 21,000 for %liami Center, 5,000 for us.
Mayor Ferre: Small mistake.
Mr. Traurig: I would s«y usually about 3 people per 500 square feet or some-
thing like that, 6 people for square feet.
Mr. Plummer: Can we swear Mr. Williams in and ask him where he got his figures
from? All right, let's use your figures. 'sir. Williams, we tried to swear you
in, sir, for your figures that yUu quoted this morning. You are providing
less than a thousand, you'r.e providing 1,200 parking spaces for 5,000 people.
Mr. Traurig: Well, Mr. Plununer, you have inquired as to what is the justifi-
cation for the Conditional Use for the parking structure, obviously we're
asking for a conditional i:se, the City does not require parking on the site
in the CVD District.
Mr. Plummer: That's if you spread the building all the way across the street.
Mr. Traurig: We have provided 1.,100 parking spaces but will have several
other alternate means of getting people to our building. First of all, 50%
of the people who will come to our building will use the DPM. Secondly,
there will be some satellite parking areas and some private' transportation
systems that will bring employees to the building so that we don't have to
load the downtown area and create the traffic problem and the parking prob-
lem that other people described. We are going to use satellite parking in
order to relieve that downtown parking.
Mr. Plummer: The third hardship is in relation to the .trucks.
Mr. Traurig: As has been said to us by your staff people, your ordinances
with regard to truck loadings really are either antiquated or were unreal-
istic to begin with and your new proposed zoning ordinance substantially
changes it. We have in addition to the major truck bays for semis thous-
ands of square feet for trucks but they will be vans and so forth. we don't
need that many semis, To impose upon us the requirement to have room for
20 some odd se►nis is totally unrealistic. However, when you compare this
building to One Biscayne and to the First Federal Building where the trucks
can't pull into the parking structure and unload and have to impose into
the public right-of-way and slow down traffic, you will recognize that this
design solution is substantially better than the solutions elsewhere, I
would like to call. can Mr, Candella to explain that further because they
have done a series Of studies on the different truck 1004ng, truck unloading
and truck parking problems.
Mr, Plummer; Let me try and save you that, ter, Reid, do you agree that our
- 9r4inances are antiquated?
Mr, Reid: The answer is yes, Commissioner Plummer,
C. ,
Mr. plummet: Thank you, sir. tlext. cuestion. Mr. Traurig, there seems to be
a great deal of concern, and my concern because I'll tell you one thing that
sold me on Roy Kenzie was what: was accomplished in Atlanta and that is the
availability of tying buildings together for people during weather problems
don't have to walk out onto the street. They don't have to be exposed to the
street problems, and you know what r mean. There have been a number of te=
quests of both group,, and I'll act 'ruck to the other side in a minute, in
relation to the - well, the one is on the east side as I remembers how is that
going to go across and I believe they're in opposition as I 'recall; there is
another one to tie your building Lu your existing building of Southeast I
believe and at what: level are they doing to go?
Mr. Traurig: May I _all on Alr. Candella who can really explain those things
much better than I can:' iie l s ~pie most articulate one on our team.
Mr. H. Candella: Mr. Plummer, would you phrase the question again?
Mr. Plummer.: The pedestrian o-,erpass, as I recall, 1 don't have a map here
now - okay, the one on the exist side - that one, yes. Mr. Candella can't see
that with you pointing in fr,.nt :)f hir;t. That one these, yes, sir. All right,
sir, what has the positz r: c:r w)iat .is the position of Southeast - because the
next question*,' of course::, Lo the other side who I understand doesn't
agree with that?
Mr.. Candella: The posi.tic r. of :.+r..,_heast is that we would rather have the recom-
mended alternate of the City W})i c`. =uggested that it worked better with the
People Mover because of they elevation of the People mover if you wer:: to move
it along this alignment_ on the sol:th ride but that, however, we still can work
it out and :Ye will cio that it ik , i � our cooperation and spirit of cooperation
working with) the full. il low that pedestrian overpass to take
place.
Mr. Tlummzc:r: Ali rigs Aurell, is your architect here or can you speak?
I understand you ha ti i= 4cmce «ra>o:> i f i on to that.
Mr. Aur,�!11: :,ur architect is ::ire :.rut Mr. Candella just said that he would
use his best efforts ' u zl-11,7) tllic, l:resently planned overpass to take place and
if that is where it is prescntl. pl.-)r:ne~d that's where it is covered in the
earlier development order.
Mr. Plummer: Ex:.use me, it. s my understanding that sir. Reid and Mr. Peterson
had asked that it co (i!:) s l:, c 3t. ;un i right or wrong?
Mr. Re-16! I can respond to that question. In the DDA model and in discussions
about the preferred pede st--zi.an ,stem it: was suggested that an option should go
out of the Ball Building and intersect with the pedestrian promenade at this
point.
Mir. Plummer: It's my unders:and.ing that you're talking like this.
Mr. Reid: Well yes, we were talking like this but in the development order we
require this and we say that this alternative should be examined. So the
development order requires this and it says that this alternative shall be
examined. Mr. Gould on the record before the Planning Advisory Board on a week
ago Wednesday did say that his desiyn and construction had made progress to the
point where in his judgement the optional connection was not possible.
Mr. Plummer: okay, so how do we resolve that?
Mr. Reid: We resolve it by going to the connection that we have suggested in
the development order. We are not recommending the optional connection, we
are requiring that connection.
Mr. Plummer: And that's agreeable to troth parties? It's not agreeable?
Mr. Colson; if you're asking us to agree that they cannot change because of
the stage of their construction we have no knowledge of that, We have said
from the beginning that as much as we hate for them to come over and to come
near our building and go aroand it we will not object to it at this heating
so my answer to that is than we will not object to it at this hearing, We
certainly hope that you could take what that model is and can work out some-
thing to show it go another way but we technically have said to Mr. Reid and
to Mr. Peterson that we would not object to it,
Mr. FIgmmer: Well, let's ask the other side then, M�. Augeli?
Mt, Autell: Well, I appreciate Mr. Colson's comments on that and they're
based on his sense of fairness and I think what is tight. We have a ptoV-
ions development order issued by this City Commission which instructed us to
place an overpass at a particular place. out building is under construction
and we are under construction and have expended funds and built the sttuc',
tote in order to put the bridge where we were told by this Commission to put
it and to change it now would obviously and clearly be expensive and unfait
and inconsistent with the previous valid order. So we appreciate what Mr.
Coleson has said and we'd like to stick with that:
Mayor Ferree John, I want to tell you to you and to Mr. Icon Nestor and to
Dean Balluschi who I have a great deal of respect for and to Mr. Ted Gould
who I hope is very successful. in this important project. There is no way in
the world that I will vote for anything in your project without a very clear
and simple stipulation that that bridge across Biscayne Boulevard is going to
comein at the southerly portion — that's correct - which is where the pedes-
ttian mall or pedestrian whatever you want to call it and I'll tell'you if
Plummer wants to make that motion I want to vote for it and I hope it doesn't
but that's the one thing, and I'm all for you, you know I'm all for your
project, I think it is a great idea and a great day for Miami but that's just
like I've been absolutely firm on the question of pe.destrianization of this
whole area that's one thing I'm absolutely firm on and on this project. I'm
sorry but I'll tell you as I see it your columns are up 20 feet, maybe you've
got a little extra steel here or there but it's not going to make that much
of a difference, it really isn't.
Mr. Aurell: Well, Mayor, obviously based on what you say we're going to go
back to the drawing board and study it carefully. I. do not have any author-
ity on behalf of Mr. Gould to make a concession on that
Mayor Ferre: I know you don't.
Mr. Plummer: I'll offer that in the form of a motion.
Mayor Ferre: okay, is there a :second?
Rev. Gibson Second.
Mayor Ferre: The motion is that the pedestrian crossing from the Edward Ball
Buildin-a on Miami Center Phase I cross Biscayne Boulevard at the southern point
of the loutheast projected building into the public area where hopefully there
will be a pedestrian mall - is that what we call it now - pedestrian promenade,
I'm sorry. Okay? Is that the motion? Second, further discussion? Call the
roll.
The following motion was introduced by Commissioner Plummer who moved
its adoption:
MOTION NO. 81-30
A MOTION OF THE CITY COMMISSION STIPULATING THAT IN CONNECTION
WITH BOTH THE SOUTHEAST BANK FINANCIAL CENTER DOWNTOWN PROJECT
AND "THE MIAMI CENTER PHASE II DOWNTOWN PROJECT, THAT THE '
PEDESTRIAN BRIDGE FROM THE ED BALL OFF"ICE BUILDING TO BE BUILT
ON MIA.MI CENTER - PHASE I, CROSS BISCAYNE BOULEVARD AT THE
SOUTHERN P0114T OF THE SOUTHEAST PROJECTED BUILDING INTO THE
PUBLIC AREA WHERE IT WILL CONNECT WITH A PEDESTRIAN PROMENADE.
Upon being seconded by Commissioner Gibson, the motion was passed and
adopted by the following vote -
AYES: Commissioner Armando Lacasa
Commissioner J. L. Plummer, Jr,
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: commissioner Joe tarollo.
Mr, Plummer, The next promenade across,,.,, Oh, excuse me, Mr, Mayor, most
important to me on this pedestrian walkway, Mr. Reid, what is the --I want to
call it the bottom height, What is the question I want to ask? The clearance,
what is the actual clearance under that struct4re3
Mr, Reid; l )?el}eve at that point, and you can see it from the model, it is
about 98 Feet, Z7 or 28 feet, In the development order we have su99est_'
99MP c}earawe ,perimeters that would be apPlicahle to the total system particx
uiariy the 3rd Street With 16,5 clearance as a minimum to glade tp allow for
141 �tG
fire trucks and that kind of thing.
Kt, Plummet: Mr: Reid, my next question, sir, is what c.na do if anything
to the Orange Bowl Parade?
Mr. Reidt I cannot answer that tj3iestion, Commissioner Plummer. I think the
staging area would he gone, that's one thing. I think certainly Kin-, Orange
would have to come underneath, obio would have to come underneath the.:...
Mr. Plummer: I don't think the floats will come under a 16 foot level.
Mr. Reid: Well, it may be that the staging area has to come up Biscayne Way.
Mayor Ferret What floats? You c;on't think there are going to be any floats
there after those buildings get_ built do you?
Mr. Plummer: Well., Mr. Mayor., I've got to leave an opening somewhere. Now
the next place I wanted to sneak to....
Mayor k'erre: You know where it if; going to be, J. L.? In the park.
Mr. Plummer: Noguchi cumrii.tted Bonsai. Another important pedestrian
bridge to me is betweun t'lie Southeast parking structure to the parking
structure here. What is South-asf_ Bank prepared to do to increase their cap-
acity for parking? I don't k!-iuw what this is? Are you contemplating
putting a recest:rian k ri -;e tthis parking structure and this parking
structure?
Mr. Coleson: It's an o ;tio ti;ar_'s there.
Mr. Plw-nmer: Wci? , ii ;i' �:{:;; ,o make it an option. I want to know defin-
ite. Now you know tid,,_;e ,• cost a lot of money and I'm saying that
that wi-uld Lo a How nany ark .ng structures can you put in the pres-
ent Southeast Bank? S11,170, _ +1Uri't care who responds.
Air. Reid: Cne of ti,e primar-y )b ectivos of the pedestrian bridges is to make
the connection to the people r:;rver so we have suggested as optional the bridge
that would make it easier for office workers to connect up with the people mover ,
rather than parking structures. 11ey can take that alternative, of course,
but that has been rcally c:lar �^.::;in concern to connect the people mover and to
remove vehicular c•anflict. for i-ede strians.
Mr. Plummer: I've got no problem with that whether it is for the people mover
or whether it is for parking. They're saying it's an option, I'm saying I
think it is important. Now you know there is a difference between shall and
may. They're saying they may taut it up, I'm saying they shall put it up.
Mr. Colson, May I comment? There is a dispute amont governmental agencies
that you should know about and that is that we should have an exit of our
parking to come out on the south, Second Street now look right here, come
up out here or that it should be changed and come out here. The task force
went into that in extreme detail. The Regional Planning Council....
It seems to be I think unanimous but I want to mis-state anything, that I
we go out 3rd Avenue that then you don't need a pedestrian crossing there
because all of that traffic here will be on green lights long enough that
there will be plenty of time to pass there. However, you're absolutely right
that if wego out here then we do need a crossing and we're required to have
a crossing, it isn't optional.
Mr. Plummer; Bill, I don't see that the exiting or entrance of traffic has
anything to do with the encourannment of people from this site to the people
mover or an overflow of parking if this one were full to allow them to park
in there. I think than, as 1 understand it, it what we're trying to encour-
age, that the people who use the Downtown People Mover by virtue of the
bridge and they will also have the overflow of parking, I go back to my
original question, How many parking spaces are in the present parking strut -
tune of Southeast Barak:
,
Mr. Col son: Five hundred, five -fifty.
Mr, Plummer: See, what I'm getting at is if you are required to put that
bridge in now that then says to me that you're really providing �arking for
1.,750 rather than 1,200 because it's public parking, you're opeti to the pub-
lic, Well, 4 buck a half hour, parking is good business downtown nPwadap,
mt, tolson: May I say to that, because there has been previous discussion
about the two buildings? Contrary to what people would generally believe,
Southea§t does not own that building and it is owned by a life insurance comma
1 ahy,
Mr. Plummer: Are you stipulating then that you feel there would be a problefi
with putting a pedestrian bridge into that if you don't own it?
Mr, Colson: Am I stipulating to that? I'm stipulating to you that in Chicago
the Gerald Hines interests are building a pedestrian bridge in Chicago to go
froth one own building to one own building, they own both of them. It cost a
$1,200,000, it is presently under construction. We like pedestrian bridges
but they're very expensive and to say that all of the traffic people I think
have said, and I know you're disagreeing, but what the other traffic people
hve all said, Gene Simm in particular has said that if we solve the exiting
that the amount of green time - I was taught this y on traffic signals is not
going to require a pedestrian bridge there.
Mr. Plummer: Bill, if, in fact, you're telling me that that pedestrian► bridge
is an option at whose option would it become mandatory?
Mr. Colson: Well, what they're preventing here and why the option is there
is very important is that they are saying that we can't have any at grade cross-
ing. we can't come across the street at grade, everybody would have to go up
to the corners and because they are saying we're prohibited to do that it forces
an option, perhaps, that we would some day have to exercise.
Mr. Plummer: But you don't own, you're telling me the other side so how can
it be forced?
Mr. Colson: I'm just saying it couldn't be forced to the owner of the other
building, that's correct and who is going to pay for it, that's correct. But,
Commissioner, one other thing. 'We're going to bring back to you a whole
design of this 'Kh)le Pedestrian system, aren't we?
Mr. Plummer: Mr. Peterson tells me that after I turn you loose tonight I don't,
hve any more bite of the apple.
Mr. Colson: oh no, we all signed a paper that said that we've got to come
back and bring you back something that if we don't agree on it.
Mr'. Plummer: No, th,:,rt relates to the pedestrian promenade at the second
level only.
Mr. Colson:: There's no question of that, we're coming back with the whole
subject of pedestrians.
Mr. Plummer: Are you willing to do that? I'm willing to accept it.
Mr. Colson: I'm trapped.
Mr. Plummer: I didn't ask for that.
And I don't want to give it.
Mayor Ferre: So what are you saying, Plummer? Plummer, let's move along.
M�v. Plummer: Well, I'm concerned here, Mr. Mayor, very concerned. Mr. Col-
son, when you met with me, sir, yesterday or the day before yesterday you
made an indication that I would like on the record that based upon the in-
gress and egress of your parking structure I recall your making a comment
that the tickets would not be issued until the 5th level?
Mr, Colson: I want to get my technical language, but we have a stacking
lane inside of the building that instead of coming into the parking lane
or Parking ramp and getting a ticket like you see in the other garages we
go up and up and up, I think the last time that we figured it, and Hilarto
you're here, we were talking about it would hold 90 cars I believe ,. 50 cars
and so I am making that representation to you. We have made it to the lteg
ional Planning council, we have made it to the State of Florida, we are
making it to you,
Mr, Flummer; W. Aurell, come on over }lore, , , , map, Mr. Aurell, I'm con
corned, Piro about a pedestrian brj\Jge from your facility to your hotel,
What do you propose to do? You show nothing i.n this PRl and that s why
I
asked fir, Peterson before whether or not the condos in this phase of it
143 JAI
or included in the overall project. You show no connection between this
phase, whatever you call it and this phase. You show no connection between
here and for Miami Center Phase IIl. What do you propose to do to tie that
pedestrian together?
Mr: Aurell: We have no ..... to tie the condominium units,,.,,:(INAUDISLE)
12s. Hirai: Mr. Aurell, would you kindly speak into the public record, pleases
Mr. Aurellt My voice is gone. We have no plan to connect the condominium
tower in Miami Center I to the office building in Miami Center II and they
are parts of different projects, the condominium units are part of Miami Cen=
ter I which is subject to an existing development order.
Mr. Plummer: Mr. Peterson, sir, why didn't the South Florida Regional Plan-
ning Council, your organization, sir, why didn't you ask for such -a tie in
there where you were demanding it in another place? I'm talking about there
is no connector, sir, between this building here.,..(INAUDIBLE, NOT USING
MICROPHONE).
Mr. Fosmoen: Do you all want to use the microphones?
Mr, Aurell: ....would be that you would simply go from this building to now
you stipulated to us I believe, Comrissioner, on this corner of the building
so your connector is right here and .it is actually right between the two
buildings.
Mr. Plummer: All right, sir, speak to the connection between the office tower
and Du Pont Plaza.
Mr. Aurell: Wcll, the order speaks to it and requires one.
INAUDIBLE
Mr. Plummer: Vh ll, yo,,i see, these are the things that I want to nail down.
*':r. Aurell: Well, we can;;ot build it if the other side doesn't receive it,
Commissioner, 11: wo C-an build it half way if they pay to build it the other
half way.
Mr. i lumner: r,?; ,r;t,t, what you're then stipulating as I understand it for
the record....
Mayor Fcrre: Put it into the microphone, Plummer, microphone.
Mr. Plummer: That you are willing, your clients are willing to attach
it to your building and pay half of the cost.
Mr, Aurell: Commissioner, what I am saying is if the development order re-
quires that and if we choose to build the project pursuant to the development
order we will have to do that, lie may not like it, there are many things
_ here that we think wc, should not be required to do but if you require it of
us in order to build our project we will do it. I don't want to stipulate
— to do it without objection if that is in the development order, and I think
it is, then if and when there is a match it would be done. We don't stipulate
to do any more than the proposed development order requires, Commissioner,
Mr. Plummer: Speak to the tying in of this garage to the Convention Center.
Mr, Aurell: Again, I don't have the development order right in front of me
but I believe the same answer would apply,
Mr, Plummer; is that mandatory?
UNIDENTIFIED SPEAKER SPEAKING WITHOUT BENEFIT OF A MICROPHONE: Yes,
Mr. Plummer; That's part of the development order
Mrs Fosmoen• Yes,
Mr Plummer; And the City will Pay half of It and they will Pay half of it,
that's mandatory?
INAUDIBLE RESPONSE,
Mt. Plummer: Would it be in order for a motion of this Commission that At
the Commission's discretion this goes optional to mandatory? Would that be
in order?
Mr. Posmoeni Commissioner, I think if you amended that slightly to include
6n
a required "demonstration of funding, if you amended that slightly that upon
demonstration of financing by the Du Pont Plaza Hotel that it became manda-
toty I think it would be in order.
Mr. Plummer All right, I understand. Okay, then it would be in order to
Make a motion thatif both parties agree.
Mr. Posmoen: No, or at such time as Du Pont Plaza Hotel demonstrated their
willingness to pay for their half.. Then the hall' of Miami Center would be-
come mandatory.
Mr. Plummer: t offer that in the form of a motion, Mr. mayor. Mr«- Mayor, I
offer that in the form of a motion.
Mayor Ferre: All right, repeat the motion, please, J. L.
Mr. Plummer: The motion .is that this bridge, it's not identified so I just
have to say this bridge.
Mayor Ferre: From Miami Center- Phase II to Du Pont Plaza.
Mr. Plummer: Tower and retail and Du Pont Plaza, that Hollywell agrees that
at such time as the Du Pont Plaza agrees that they will allow and pay for
half of that pedestrian bridge.
Mr. Carollo: This particular bridge is what they signed they will forfeit all
the air rights to....
Mr. Plwnmer: They've already cone that, Joe.
Mr. Carollo: In the paper they signed here a few minutes ago, correct, sir?
Mr. Plummer: Hey, if they don't agree to that next week this whole thing is
out of bed.
The following motion was introduced by Commissioner Plummer who moved
its adoption:
MOTION NO. 81-31
A MOTION OF THE CITY COMMISSION STIPULATING THAT AT SUCH POINT
AS THE DUPONT PLAZA HOTEL DEMONSTRATES A WILLINGNESSAND AN
ABILITY TO PAY FOR ONE HALF OF THE COST OF CONSTRUCTION OF A rON
NECTOR (A PEDESTRIAN P.RIDGE) TO BE BUILT BETWEEN MIAMI CENTER -
PHASE II AND THE DUPONT PLAZA HOTEL, THAT THEN, AT THAT TIME,
MIAMI CENTER'S RESPONSIBILITY TO PAY FOR ONE HALF OF THE COST
OF SUCH CONSTRUCTION SHALL BECOME MANDATORY.
Upon being seconded by Commissioner Gibson, the motion was passed and
adopted by the following vote -
,AYES; Commissioner Joe Carollo
Commissioner Armando Lacasa
Commissioner J. L. Plummer, Jr.
Vice -Mayor (Rev.) Theodore R. Gison
Mayor Maurice A. Ferre
NOES, None,
Mr, Plummer; All right, I'll offer the same motion existing between the
Southeast parking lot and the building whoever it is owned by, the parking,
Mayor Ferre: Southeast.
Mr, Plummer; No, they Southeast doesn't own it.
Mayor Ferre; Well, the Southeast Bank's existing building,
Mr, Plwwer; Okay, I offer the same motion.
Rev, Gibson; Second,
JAIL I1
tit, Colson. Can we discuss it?
Mayor Ferret Sure,
Mt, Colsoni Point to the one you're talking about now.
Mr, Plummer: It's this one here. 0h, I'm sorry.......(INAUDIBLE) It's the
bridge between the two parking structures.
Mr. Colson: And you're asking it to he mandatory on our part if what happens?
Mr. Plummer: If the other party is agreeable. In other words you will (1)
allow it to become a reality and (2) you will pay 50$ of the cost if the other
party is agreeable likewise.
Dir,Colson: ,, Well, we have another requirement that we would have to build
one up at the corner-.
Mr. Plummer: i hiven't spoken to that one.
Mr. Colson: I know it, but then you're going to make us do two and it is
not spelled out anti I wan' to tell you honestly that - I'll say it for the
third time - that all of the traffs.c people have got this solved, have ped-
estrian crossovers thexe and we havent even figured out whether we're com-
ina out of 2nd Street or out of 3rd Avenue and nobody is asking that.
Mr.. Plummer: I'm going to get to it, Bill. I'm going to get to it. Now,
you know the problem that I have is that my good friend, and he is a dear
friend, Gene Sirv-ns, tells me has all the problems of traffic solved in bade
County but every time I co to town I question that he is right. I offer it
in the form of a motion.
Mayor Ferre: Okay, further discussion?
Mr. Caroll.o: b)ould you repeat the motion again, Plummer? "
Mr. Plummer: All right, Mir. Fosmoer, has a good idea, that one of the two be
built. Okay?
Mr. Carollo: Can the motion be repeated, please?
Mayor Ferre: .he notion is that there be a connector, one of the two that are
indicated on the pedestrian vehicular conflict map crossing S. E. 2nd Street
between Southeast Financial C'enter and the existing Southeast Bank Building.
" Is that correct?
11r.Colson: We are in negotiations with the State of Florida, we've been
through 10 or 12 meetings, I know Commissioner Plummer is an expert on many
things but he is mandating a crossing of this pedestrian system that is not
asked by your Planning Department, any of the transportation people, we respect-
fully ask that you reject it.
Mr. Reid: I would like to make a suggestion here. I would like to say that
if the egress is allowed from this garage as is now being considered by the
State of Florida that this become a mandatory bridge. This is an important
Connection up towards Flagler Street to allow pedestrians from this area to
get to the People Mover.
Mayor Ferre: All right, Jim, Plummer, will you accept that?
Mr, Plummer Or the other, I said that,
Mr. Reid; But it isn't one or the other, this is mandatory that they don't
have to build this then they pay for half of this*
Mayor Ferre; Okay, Is that understood?
Mr. Hummer; INAUDIBLE, NOT USING MICROPHON
Mr, Colson; That's not what Mr. Reid is saying,
Mr, Plummer: I'm saying to you that either th�s one or this one, that was my
motion, either one,
t
Rt, Colesoht We respectfully ask that you not pasts that becaase the traffic
experts at every level have not asked for it.
Mayor Ferret Further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer who moved
its adoptiont
MOTION NO. 81-32
A MOTION OF THE CITY COMMISSION STIPULATING THAT, IN CON-
NECTION WITH THE BUILDING: OF A PEDESTRIAN BRIDGE BETWEEN
THE EXISTING SOUTHEAST BANK PARKING LOT (NOW OWNED BY NEW
YORK LIFE INSURANCE COMPAIJY) AND A PARKING STRUCTURE OWNED
BY SOUTHEAST BANK FINANCIAL. CENTER, THAT SOUTHEAST BANK
FINANCIAL CENTER SHALL BE OBLIGATED TO ONE, THOUGH NOT
BOTH, OF THE FOLLOWING ALTFrMATIVES:
SOUTHEAST BANK FINANCIAL CENTER SHALL EITHER:
3) CONSTRUCT A FEDESTPIAN BRIDGE BETWEEN THE TWO
PARKING STRUCTUP.ES AS HEREINABOVE DESCRIBED,
CROSSING S.E. 214D STREET, NEXT TO S.E. 3RD AVENUE,
SUBJECT TO THE :i`.''ATE OF FLORIDA PERMITTING THE
EGRESS FOR AUTOMOBILES TO BE RETAINED ON S.E. 214D
STREET (NOW UNDER CONSIDERATION BY THE STATE); OR
FAILING SUCH PERMISSION FROM THE STATE OF FLORIDA
THEN
2) AT S :CH TIME AS THE OWNERS OF THE PRESENT SOUTHEAST
BANK CENTER PARKI14G STRUCTURE (NEW YORK LIFE INSUR-
ANCE COMPA.Y) DEMONSTRATE A WILLINGNESS AND AN
ABILITY TO PAY FOR ONE HALF OF THE COST OF CONSTRUC
TION GF A CONNECTOR (A PEDESTRIAN BRIDGE) TO BE BUILT
BETNT--EN '111EIn PAPkING LOT AND SOUTHEAST FINANCIAL
CENTER'S RESPONSIBILITY TO PAY FOR THEIR ONE HALF OF
THE COSTS FOR SUCH CONSTRUCTION SHALL BECOME MANDATORY.
Upon being seconded b C-xixmis=,ioner Gibson, the motion was passed and
adopted by the following rate -
AYES: Commissioner Joe Carollo
Commissioner Armando Lacasa
Ccxami.ssioner J. L. Plummer, Jr.
Vice -Mayor (Rev.) Theodore R. Gison
Mayor Maurice A. Ferre
NOES: None.
Mr. Plummer:- All right, now my last concern in relation to pedestrian bridges,
Mr. Aurell.
Mr. Aurell: (INAUDIBLE, NOT USING MICROPHONE)
Mr. Plummer: Well, there's not, sir, and that's what concerns me,
Mayor Ferre: Plummer., did you say your last concern?
Mr. Plummer; As it relates to pedestrian bridges.
Mayor Ferre: Is that part of the trade talk?
Mr. Plummer; Mr. Mayor, we haven't gotten to the biggy yet. I'm concerned with
this area in here, whether we are going to tie into this building or into this
area. What provisions are being made, Mr. Reid, Mr, Peterson, Mr. Aurell?
There is nothing addressing a pedestrian overpass in this area. Why?
Mr. Aurell; I believe it has been studied by many people, Commissioner, And
tere has been no belief that it is required or necessary and I do not think it
would be in the best interest of anyone to impose it upon us just because there
happens to be a corner there where there isn't a bridge, This thing has been
Carefully gone over and carefully studied and I really don't think that you
should i1npose that on us.
Mr, P14MnPr; All right, Mr. Reid, do you agree?
Ir, Reid; We have not suggested a connection there, we feel that =this is
right now the busiest intersection in the City in peak hours and the bifurcated
ram will change the nature of the way that intersection functions someWh4t and
We Oil' not believe that a pedestrian connection is necessary at that Point,
.LAP► � �
Mr. Plummer: Mr. Peterson?
Mt. Peterson: Commissioner, in addition to what Jim said there is also Anothet
People Mover Station right here so the connection of pedestrians to this People
Mover station would come from this direction. I think this area of people to
this People Mover Station would come this way so there are really two reasons
why we did not recommend that you pursue that kind of a connection:
Mr, Plummer: Mr. Aurell, we've heard Southeast on how they are planning their,
garage and the stacking of at least 50 cars, what are you proposing for your
stacking to get cars off the street which are going to be creating problems
downtown?
Mr. Aurell: Well, Commissioner, of course, the main thing is in the ramps,
there are direct ramps .into the garage of.f of the interstate going straight
in servicing only the garage. They start way up here and they are -solely for
the purpose of the Holl.ywell garages
Mr. Plummer: Will that stack at least 50 automobiles?
Mr Aureilt Well, it is easily a full block long and we happen to have our
expert here so I'll let him answer it:
Mr. Plummer: A simple question, will it stack 50 automobiles?
It.AUDIBLE RESPONSE
Mr. Aurell: Yes.
Mr. Plummer. All right, Mr. Aurell, I have another big concern. I think
this Is one the Mllayer Y3s expressed many Many times, I have nothing here,
sir, in any ,.-ay shape or form of your model building of what you're proposing
to build. if I'm standing in my Convention Center looking out, sir, what am
I going to be looking at.?
Mr. Aurell: well, I would like to have our architect answer that question
rather than re if I night. He wants to know what our buildings are going to
look like.
Mr. Plummer: Dean, my rv-,,es'.�ion was if I was standing across the street in
the Convention Center - I-•;,int to it, Mr. Reid and I'm looking over toward
your parkin, structures, 11 i*jave nothing before me, sir, to say what they are
going to look like. F:re they going to be open, are they going to be covered?
What are they going to be? I'd like to know.
Mr. Dean Belluschi: Well, have you ever seen a garage? That's what it's
going to look like. A a kind of dramatic fixture but it is going
to be a garage and nothing else but a garage.
Mr. Plummer: Dean, you and, sit, have both seen some damned ugly garages and
we've seen some that are not so ugly and we've seen some that have been done
in good taste, sir. Well, you don't recall, sir, you're not local but the
rest of the people will recall that this Commission got into one hell of a
hassle over the bottcm of the World Trade Center and the skin that would be
surrounding that parking structure. It was proposed originally as being a
damned ugly eye sore. It Is now going to be covered, Mr. Grimm, as I recall,
Faith stainless steel and it will be a part of the configuration, sir. Now
that's what I want to know.
Mr. Belluschi: Well, we're certainly trying to make it as attractive as
possible but we're not trying to camouflage it to look like what it isn't
which is the garage and if you try to establish what is beautiful and what
isn't beautiful we could be here until tomorrow morning and not arrive to
,any conclusion. So the garage if it is well designed and simple and if it
has the proper scale and you know it is a structure that is going to serve
the public because of the garage and is built with some care and design that
will be what you see.
Mr, Plummer: Let me ask a simple question, maybe I can then derive a simple
answer, sir. Is your garage contemplated to he open or enclosed
W, Belluschi: It"s open,
Nx, l'lwmer; An open garage'
r� $e114sch}: Yes, sir,
14 I � .
M
t
Mki Carollo= J. L4# you know you touched upon one of the areas now that I've
been most concerned with that project: That garage is going to cover two
lots within 3 streets from one end to the other. The first thing that any
tourist is going to see as they cross the Brickeli Avenue Bridge and are corn-
ing to downtown Miami is going to be one concrete jungle from end to the
other with that garage.
MY, Plummer, well, that's why I was trying to bring out what I was trying to
bring out; Joe.
Mr, Carollot Well, I just want to make it clear there is no way that at least
my vote is going to go for that garage the way it is planned now. I would
rather see it in a smaller scale with more height, it is just from one end to
the other where every single wall is being blocked all around:
Mr, Belluschi: If I'understand you correctly, you would not like an open gar-
age, you would like to have it closed all around?
Mr. Carollo: Sir, what I don't like to see is the way the garage is structured,
It is just one big mass of cement- from one street to another completely. If it
was in another part of downtown Miami on one of the inner streets I might be
able to go along with it but we're talking about the entrance to downtown Miami.
That's a big difference.
Mr. Belluschi: Well, the main problem which Doyle will be able to explain is
to have an easy access, good circulation and to try to make all the cars come
out without delay and without -a long line. That is the prime purpose of that
garage. The question of what is a good looking garage and what is not a good
looking garage, whether it should be open or closed is something that is very
subjective and you cannot lay down any rules for it. I just happen to know
if you think of the garage at O'Hare Airport it is a ve.cy attractive garage
the Boston Airport garage, it looks like a garage, it is a very simple, very
directly treated as is storage for cars. The cars will not be seen, there
will be a screen which will be a different material but the moment you close
the garage if I understand it correctly you will have just bare ugly walls
overpowering, if you know what they are, there wouldn't be any scale and cer-
tainly you don't want to make it appear like an office building, it's still a
garage. If it is properly dome, obviously it is a 4,000 car garage and it
is not a small garage and a lot of storage should be provided for.
Mr. Aurell: I'm saying one thing too there, the first several stories of
that structure are retail stores, the garage is the upper level of that build-
ing, it is not all garage.
Mr. Carollo: We realize that. As far as whether it should be an open or
closed garage, I'm not an expert in the area, I would gather though that it
is going to cost a lot more money to have a closed garage for you, not only
that but it is going to create a large problem with all of the fumes doing
in there.
Mr. Aurell: Well, you'll notice the Southeast garage is also open, the one
on their model there.
Mr. Plummer: Mr. Aurell, I'm not asking for a closed garage, I'm asking what
is it going to look like. You know T can take you downtown and show you some
damned ugly garages down there and then I can take you down and show you some
that don't look too bad. All. right? And I'm saying that in this particular
area which is most crucial I would like to be assured that it is not going to
look like a barn.
Mr. Aurell; Well, Commissioner Plummer, let me just say this; We don't want
it to look that way either, that's why we have retained the finest architect
we can think of to do this work for us and we have every confidence that we're
going to get a very fine piece of work, that everyone in this City and partic-
ularly this Commission can be proud of.
Mr, Plummer; Mr, City Attorney..,,
Mr, Fosmoen; T think we lost him,
Mr, Carollo; 3, 1.., something that I think 1 would like to see because once
We make a final decision there is no turning back, is 4.model not necessarily
As expensive as the fine model that Southeast has brought here but a model
that would be adequate enough in showing how this is going to
-look so tht we
WOW t have to see something like this here or paper that really is not .going
to be totally representative of what is actually going to be built. At least
JA 1 '
With the Southeast model I could get the best idea possible without actually
seeing it after it is built but I cannot say the same thing of the Hollywell
project.
Mt. 8elluschi: Well, I expect that there will be renderings and pictures show``
ing what garage looks like. We cannot guarantee that we will satisfy every
one's sense of aesthetics. If they want the garage to be camouflaged to look
like "something else we will not guarantee that we will do that. the have to
use our judgement and we're going to stand by our judgement in creating as
good looking a garage as we can and that is as much as we can say.
Mr. Carollo: Sir, with all due respect pictures are fine but they are very
deceiving at times. With a picture you're only going to get one or possibly
two sides, not all four sides. This is why I personally would like to see
a model so that I could really appreciate how the whole complex including the
garage is going to sit: in.
Mr. Belluschi: We'll plan to make a model that's desirable, and I think it
would be very desirable for us to have it too.
Mr. Plummer: Mr. City Attorney, what can we bind Southeast to, enforcement of
this model which they have presented? Can we hold them to this model as
representing what they are going to do? Dean, don't sit down, your turn is
next. —
Mr. Knox: They can tell you that the actual project would be as is depicted
in the model.
Mr. Plummer: No, sir, we had that problem with Mr. Gould before. I'm trying
to eliminate that now. Father says the only light I've got to guide my fut-
ure is the light of the past. I'm trying to illuminate everything, sir, and
you know, I'm holding the only ace in the hole to insure those variances
and I'm not going to give those variances until I have assurances that those
buildings are going to be what have been represented. Now how do I guarantee
myself that those buildings that they have brought here first with Southeast
are what they are going to build? You know if we just say Okay, fine, you
can build 55 stories?
Mr. Knox: They can represent to that the finished project would be as it
is depicted by the model and you can indicate at the time you consider grant-
ing variances that you are relying upon their voluntary representation that
the finished project will be as depicted in the model.
Mr. Plummer: Mr -Colson, is that model to scale?
Mr. Colson: Yes, sir.
Mr. Plummer: 'You've heard the City Attorney. -
Mr.Colson: Right.
Mr. Plummer: I want assurances to this Commission that you are going to build
what you say you're going to build.
Mr -Colson; Mr. Commissioner, I am going to say yes to that because I've got
Mr, Ornesby here from Skidmore Owens in San Francisco and Mr. Candella is here,
they are confirmed as I say this - that all of our drawings or all of our design
has been done, we are ready to go out to bids that's why we are begging for
approval tonight so that we can keep the clock running at least on what our
options are. We have no plans to change anything other than what you command
here under development orders the Regional Planning Council does. But subject
to your orders and subject to the Regional Planning Council that model Will be
built, Now I'm going to turn around and see if our architects agree with me
if that's designed that way. The working drawings are in the City's hands now
of that model,
Mr, Plummer; you understand if you make any substantive changes that you must
come back before this Commission for approval?
14r, Colson; Does everybody understand that, gentlemen? We understand it.
#�lu.Per; I move it. I'm moving that if they make any substantive changes
other than what is presented here in a model and working drawings presented
that it brings it back before this Commission for aPpr4
OL
..r
Mt, Catollo: Are we approving the variances now then?
*, Plummets No, we can't approve the variances,
Mt, Colson: NO, well first of all we're got to come back to you for variances,
you've moved that so you know we're going.. .,&
Mr, Plummer: That's a different item.
Mr. Colson., f understand that, But please include any orders that are re=
quired by governmental bodies.
Mrs Plummer: Oh, of course.
Mr, Colson; Okay, thank you.
Mayor Ferret Further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer who moved
its adoption:
MOTION NO. 81-33
A MOTION OF THE CITY COMMISSION STIPULATING THAT IF THERE BE
ANY SUBSTANTIVE CHANGES FROM WHAT HAS BEEN REPRESENTED TO BE
THE TRUE PROJECT IN THE SCALE MODEL OF THE SOUTHEAST FINANCIAL,
CENTER PROJECT BROUGHT BEFORE THE CITY COMMISSION OF THIS DATE,
THAT SUCH CHANGES WOULD HAVE TO BE BROUGHT BEFORE THE CITY
COMMISSION FOR THEIR CONSIDERATION.
Upon being seconded by Commissioner Gibson, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Armando Lacasa
Commissioner J. L. Plummer, Jr.
Vice -Mayor (Rev.) Theodore R. Gison
Mayor Maurice A. Ferre
NOES: None.
Mayor Ferret I want to stipulate into the record and I want you all to under-
stand that Plummer happens to like the Miami News and Bill Gebre a great
deal and the Miami Herald's deadline is at 11:30, now you understand what this
all about.
Mr. Plummer: Mr. Aurell, you don't have a model, you don't have working draw-
ings, I've got nothing to hold you to.
Mr. Aurell: Well, we'll be back here for our variances and our conditional
use for parking, Commissioner.
Mr. Plummer: Well, you understand that those variances are not going to be
granted until such time as you have something on the record as to a model and
working drawings.
Mayor Ferret Not working drawings,
Mr. Aurell: I don't think we're required to have working drawings but we
will have what we will represent to be what we're going to build.
Mr. Plummer: Excuse me, did you say that you had submitted working drawings?
Why wouldn't it be expected to be the Same with them?
Mr. Fosmoen: (INAUDIBLE)
Mr. Plummer; Schematics.
Mr, Aurell; That's what l'm told we'll have,
:'fir, Plummer; oh, of course, the model was understood, The ;model is before
you get your zoning variances.
Mr. Aurell; Who made your model, Sob?
Mr, Tr4urig; My granddaughter:
W, Plummer; And boy, she ain't chew;,
Fiayor Ferret wait a minute, I tho-,:ght it was P.oy tcenzie, All right, Mr,
luffi ier tloVes► is there a seccrid"=
Mr, Carollo: What is he movinj?
Mr, Plummer! The same thing on that.....
Mayor Ferre: Mr, Plummer is moving that Miami Center Phase 11 stipulate that
they Will present a schematic set cif drawings and a model that will be part
and parcel just as the ,previous motion of Southeast for any approval for the
presentation for any variances. is that correct?
Mr. Plummer: Yes, sir.
Mr, Carollo: Again, we are riot approving anything, just.:...
Mr, Plummer: No, it is subject to approval. They will not get approval with-
out schematics and a model.
Mr. Fosmoen: on the variances.
Mr, Plummer! The variances, Y;;S , .nir_
The following motion was .introduced by Commissioner Plummer who moved
its adoption:
MOTION NO. 81-- 34
A MOTION OF THE CI'I'c '0r!9ISS1ON ACCEPTING MIM1I
II'S STIPULATION TRIO* `I':' Y SJ AI,L PPEPNR i+..'1Cd i0 TJit.
CITY COM.MISSIVN SCHT1,1ATIC PPJk!#,1NGS OF 'THEIR z v-
AS A SCALE MODLL O s ti :, PRO, ECT; AND FURTHER 4 1NG THAT
IF THERE AP! ANY SUBSTANTIVE CHANGES FROM WHAT i1iz S 'HrPJ%TIC
DRAWINGS At`D/OR SCALE t".OI)T is REPP.ESENT, THIN SUCH BE EROUGHT
BEFORE THE CITY C011-2+4ISSION J3EFOR:E ANY CONSIDEF.AT'I`314 IS GIVEN
BY THE CITY COMIY.ISSIiN; 10 7,1.Y POSSIBLr REQUEST FOR VARIANCES.
Upon being seconded by c;onmirt;ic,ner Gibson, the motion was passed and
adopted by the following vote -
AYES: Corami : sicner ..Toe Carollo*
Commissioner Armanuo Lacasa
Cttimsrissioner J. L. Plummer, Jr.
Vice -Mayor (Rev.) Theodore R. Gison
Mayor Maurice A. Ferre
NOES: None.
*ON MOLL CALL:
Mr. Carollo: Before I vote, I just want to again reaffirm that what I am voting
on is subject to this coming back to the Commission for approving it. I don't
want to be quoted in any newspaper that these things go so fast you can't rem-
ember that. I vote yes.
Mr. Plummer: All right, let's get to the biggie - traffic. Who is going to
talk to the traffic? I want some assurances on this record that with 26,000
additional people in that area, 5 in Southeast and 21,000 in the Miami Center,
whatever, Mr. Colson, no defference to you, sir, where you called me on the car-
pet before that I'm an expert in certain fields, I'll reverse the tables. I
want experts. I want people from the experts and that gentleman there is one
of the experts. An expert is a man who guesses right 3 times and carries a
brief case.
Mr. Colson: All right, as they are approaching I want you to know that there
has been a total study done that this isn't something, and these have been
made available, we have the experts here, Mr. Revel was hired in this project
specifically for this, his whole firm, they have worked with the Gould interest
and Mr, Doyle who is over there. We are absolutely prepared to answer
your questions,
Mr,'Iummer, Mr, Coleson, unfortnateiy that book that you flashed was clot
presented to us, Sir. Mr, Peterson, you are going to have the final stroke,
gir, y9V recommended earlier in the evening to this Commission that we defer
to take a couple more bites at the apple, I'm going to the final question,
to XPu, sir, what Would we accomplish or hope to accomplish by deferring?
ghat is goit9 to be my final question. Mr. Revel-, for the record spur name,
who you represent and your mailing address, sir,
0 BAN I
0
Mt. Walter Revel: My name is Walter Revel. I'm President of the
consulting f engineering, and Planning firm of: Post, Buckely, Schuh and
Jernigan, headquartered in Miami at 6850 S.W. 40th Street, or Bird Road.
We ate the traffic consultants for this project, Southeast- and Hines, The
traffic element has enjoyed the most extens.i•.•e cooperation of all of the
elements of the work, We have had many many *!.eetings with Barton Ashman,
the traffic consultants for Miami Center Phase II. There has been some
excellent techinical professional work by the two firms, in constant
communications with the architects as they develop the buildings_, and more
particularly, constant dialogue and excellent communications; cooperation,
coordination with the traffic experts for the several government agencies.
In fact, at the urging of the Regional Planning Council, there was a special
traffic task force assigned for this project, made up of representatives
of the 2 consulting firms, but also the City of Miami, Metropolitan Dade
County, and the Downtown Development Authority along with the Florida
Department of Transportation. They had many meetings which resulted
in the plan as depicted here which went through several technical working
sessions, then recommendations 'to the Technical Advisory Committee
to the Metropolitan Planning organization, the County Commission sitting
as the Federally mandated MPO. The NPO approved the plan, and then the
plan was, after review by the Regional Planning Council, reendorsed by
the technical task force. Frankly, many of the elements in this approved
plan are the results of a 5 year process of those agencies working at the
urging of the Greater .iami Chamber of Commerce and the New World Center
Action Committee in anticipation or some investors some day coming in to
develop this type of project or something similar. In fact, I believe
it is that kind of process over the last 5 years that indicated to Mr. Bassett
that while no one can guarantee the literal construction of all elements,
that the planning was being completed, designs were being started, and
construction budgets were being formulated to provide a transportation system
for this area. This is part of a transportation network for a greater part
of downtown, and in fact, all of Dade County. Improvements to 1-95,
S.W. 7th and 6th Street, N.W. 3th and_6th Streets, and a number of other
elements. But that plan has resulted from a detailed technical process
by the consultants, and more particularly, the public agencies. And we
feel it provides the interim steps and the ultimate transportation system
needed to service that area.
Mr. Plummer: Mr. Revel, I don't have any hesitancy, sir, to ask you questions
which I would normally not ask of someone representing an applicant. But
I will ask you, sir, becasue of your background, your knowledge and your
integrity. I am concerned not. just with the impact of what this 'bifurcation
will do to the downtown area. Sir, I am concerned...
Mr. Plummer: I am concerned with
the tremendous development on Claugton Island that is not yet completed.
It's not even occupied. I don't see any major change on the Brickell
Avenue Bridge. How, if at all, do you feel that the Claughton Island
development, and the tremendous development on Brickell Avenue all the
way to the Rickenbacker Causeway, of that traffic emptying into this new
project, Now I'm not asking you to settle the problems of out Brickell,
but I'm saying emptying into this new massive project.
Mr. Revel: Well first of all, Commissioner, Brickell Key or the old
Claughton Island is being developed under a development order by this
City with similar traffic coiistraints and directives by this Commission,
and through its staff for monitoring as that project comes out of the
ground and .reaches its fulfillment, And the Brickell Key and other
Brickell. Avenue developments have been an integral part of this total
traffic and transportation planning process, A lot of it under the
direction of the Florida Department of Transportation, of course, in
that Iiiscayno Boulevard and Brickell Avenue are U.S. Highway 1, So the
improvement of the bridge network over the river, that means by improvements,
1.1111
Mt. Revel (continued): the literal replacement of each of those bridgeso
and the possible additiou of another one, is all geared to accomodate
All elements of that growth pattern that you are describing.
Mr, Plummer: My concern, Mr. Revel. You know; the normal procedure, and I
don't agree necessarily with it is, that if a road is inadequate you widen
it, That can't happen here. In other words, there is no way we can
widen that road in front of the D,.ipont Plaza, When Mr. Gould is going to
build to the property line, and the Dupont Plaza is built to the property
.
line, that road, as I see it, is not envisioned to be widened at -this time.
Mr. Revels Well except that there are numerous street improvements such as
some straightening, a little widening here and there, complete resigning,
new sigtalization, and improvement of Hhe existing multi -laving. There's
almost not a 100 yard stretch of street in that complex that doesn't get
improved to some degree, Commissioner.. It's not an 8 laning which is not
needed. It's not even a 6 laving between Miami Center Phase I and Mlami
Center Phase II and Southeast, and despite what Mr. Paul said, you don't
need 6 lanes in that little 2 block area. 4 is adequate and they are
going to be realligned and improved. And in fact, there is excess right
of way in that section to what the Department of Transportation feels
is needed. So the whole thing has been intensely studied, and particularly
the bade Traffic and Transportation people, Gene Simms and Dave Reinhart feel
that it's going to be a very adequate plan with the polishing and the
shaping, and the Sig ning and the siknalization, pavement markings, left
turn storage lanes, and rosynchrcmization of all the traffic lights.
Mr. Plummer: The Last question to you, sir. On the north side of the
Southeast proposal, that would be the south side of S.E. 2nd Street. Do
you follow me, sir?
Mr. Revel: lies, sir.
Mr. Plummer.: Unfortunately, ont• of the problems that is a tremendous bottleneck
there today, is the Southeast Banik drive-in tellers. And anyone teat goes
there it's a hell of a problem. What, if anything, is being used for the
stacking of automobiles on the street, out of the main thoroughfare? And
the final question, Mr. Colson, do you, what happens to the drive-in tellers.
I want to make sure the new structure the same thing doesn't happen.
Mr. Revel: Part of the stacking is caused by the traffic light that is there
now. And in the new design of that street network, that traffic light comes
out. And the entire network there, the laneage is all restriped and remeasured,
and synchronized.
Mr. Plummer: Okay. So, Mr. Revel, in your knowledge of transportation —traffic,
you feel as an independent traffic person that that which isbeingproposed
here will adequately address the problems created by the massive structures
that are going there.
Mr. Revel: Yes, sir. We do believe that the system of improvements,soft
and hardware, large and small including such things as resynchronization
of the signal system which becomes one of your major loading and stacking
problems in the downtown area like that, with short blocks and the nature
of that configuration. Yes, the system in the A.M, and P.M. period
as well as certainly during the day and night will be adequate to serve
the dynamics of that area. That's after a lot of study, a lot of
work, a lot cooperation, particularly by your techinical people and the
county's,
Mr. Plummer; Mr. Revel, on the record, sir, are you indicating that the
State and the County both agree? Truthfully, I'm bothered by the fact
that neither one of them are here to speak for themselves this evening,
Mr, Revel; The County led the task force, The State participated in the
task force, No one can answer for the State, Commissioner, pnfortunately,
they Can't answer for themselves, You don't get yes and no answers out t+�
fat
1
Mt, Revel (continued): the Florida Department of Transportation in
Tallahasee, or in Miami. They pledge their cooperation and will continue to
wotk on it with you# but that's a 40 year process to them. Weive talked,.,
Mr. Plummer: Have they..,let me ask it negatively, si.r. Have they raised
any objections to that which is being done as being inadequate.
Mr. Revel: Igo, they've asked 3 or 4 questions, but they don't say that it's
inadequate. They ask questions like, what are you doing here; why are you
doing it. That kind of dialogue Qnes on forever. The fiecretary himself
has taken a personal interest and has reviewed these plans. His division
directors, his state design engineer and others and they presently have
no specific constraint holding up the project. Theytve got 2 or 3 items
that they will continue to polish and dialogue on.
Mr. Plummer: Mr. Reid, speaking to the traffic.
Mr. Reid: With respect to the state, there are two informal concerns that
they've indicated to us. One is they're raising a question of whether there
should be a deceleration lane.
Mr. Plummer: That's what I just asked.
Mr. Reid: At this point, entering; the garage, and two, they're questioning
whether egress from the garage should be allowed. They have approved this
concept plan as a concept and have these design concerns. What we have
asked in our development order is —and this has been a verbal concern
on their part. We've asked that they express these concerns in writing
number one, with respect to whether such a deceleration lane is needed,
and whether the egress should be prohibitive. And we have...and that
language is included in the development order. We also have in the
development order a stipulation that within 30 days the 'applicants are
required to prepare an analysis of both the exterior movements in
relationship to the project and the interior workings of the garage, If
in fact, the State does stipulate clearly on the record that we cannot use
the egress on 2nd Street.
Mr. Plummer: knat about Mr. Simms and Company?
Mr. Reid: Mr. Simms, the plan as suggested here has been approved by the
Transportation Planning Committee which Mr. Simms participates in, and
it has been approved by the County Commission, sitting as the Metropolitan
Planning Organization. So Mr. Simms has not voiced the concerns that I
just stated that the State has.
Mr. Plummer: Mr. Colson, the drive-in tellers.
Mr. Colson: Commissioner, we have the good news for you that there will
be no drive-in tellers on this project, and also in addition to that, although
it hasn't been asked but obviously the planners have asked, there was
concern about trucks in banking operations coming in and out which we have
quite a bit at our present location. There is a new development by
Southeast Banks on the river. We have represented to the planners —on
the Miami River
Mr. Plummer; Where? Are you talking about the old Daily News Building?
Mr. Colson: The old Miami News Building,
Mr. Plummer; Well they've had that,
Mr. Colson: Oh yeah, ] know it,
Mr, Plummier: 110h Avenue and N.W. 7th Street, Is that where your
drive-in tellers are going to be?
Mr. Colson; Oh no, no. No, sir, There are not going to be any drive-in
tellers In this project,
155
ist
Ott- Plummet! P'etiod,
Mt. Colson: Period, Now, I'm also giving you the good news that many
ttucks in normal banking operation, handling cash and all that kind of thing,
that would normally come into our present location will not come thete
except, and there has been a study of. this, 3 times a week during the day,
l ttuck will come down and handle cash. 1 don't know when it is, and I
don't want to know, But so that's good news and that will be greatly
improved,
Mr, Plummer: Mr, Mayor, I make a riotion at this time, that Southeast
Bank give to the City of Miami the right to place at City expense, aerials
and antennas for the purposes of pub.lic...of city communications, I make
that in the form of a motion. That both parties.
(INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD)
Mr. Plummer: On top of your builidng.
(INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD)
Mr. Plummer: That's all right.
(INAUDIBLE BACKGROUND CO;LMEN'T PLACED OUTSIDE OF THE PUBLIC RECORD)
Mr, Colson: We can't lanJ the helicopters for... the Regional Planning Council...
Mr, Plummer'. Well let me tt:ll you what you're going to do, okay? Exactly
what happened to this City when One Biscayne went it. Mien One Biscayne
went in, they blocked i-v cl.i.ce Department in one direction where we could
not get radio communications. Those buildings have an affect on communications,
a definete detrimental affect. Now how am I going to get ... well. wait a
minute. The other building is b4? 64?
— Mayor Ferre: Colson, you don't have to say a word. The expression on
on your face is your wonderful.
Mayor Ferret Well wait a minute. Are you going to have to put a heliport on
the top of your building?
(INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD)
Mr. Revel: We're obligated to put one on top of each one of'them.
Mr. Traurig: Commissioners, is the objective to put it on the highest
point? That would be a 64 story not a 55, right?
Mr. Plummer: No, what I'm saying is when One Biscayne was built, it threw
our Communications Department into a turmoil because in the Downtwon
area we could not communicate with our Police Department and Fire Department.
• Mr. Colson, But your Fire Department wants, according to Barry Peterson,
and this has all been reviewed by the Police Department and by the
Fire Department, we've got to get their approval, but above everything
else, we had to change the top of our building to provide a heliport
landing emergency areas. And..'.
Mr. Plummer; Let me change my motion....
Mayor Ferre: Wait, I didn't hear any motion,
Mr, Plummer; I made a motion before. I'm withdrawing that one to make a
new one,
Mayor Ferre; Okay. How about the bomb shelters?
Mr, Plummer; 1 leave that to Mr. Carol.lo, He's the expert in that area,
9
Mt. Plummer: At any time that it is feasible and requested by the City
of Miathi to place communications antennast that both applicants give us
the right to do it at out expense. Now we can't put it up in defiance
of a heliport. —
Mayor Ferret Cant lose on that one.
Mr. Colson: I cant lose on it?
Mayor Verret That's got to be a winner, Bill.
Mr. Colson: Well, will you get Batty Peterson's agreement to it?
Mr. Plummer: He's not working,.. `
Mayor Ferret Did you hear the wording on that? It says provided that it
can be done. Well you know it can't be done. What agency is ever going
to approve a heliport on top with antennas sticking out of the top of the
building. So what are you worrying about?
Mr. Colson: I'm worried about the confusion of it and Barry Peterson,
on the other hand, is telling me we've got to have it. And so, would you
ask him if.
Mayor Ferret Barry Peterson says you have to have a heliport on top, on
both buildings. Now this is for communications purposes between buildings.
(? ,AUGHTER)
Mr. Plummer: No. Hey, you laugh, but let me tell you something, you threw
my policemen into a tizzy downtown.
Mayor Ferret I'm not laughing.
Mr. Plummer: Okay.
Mr. Colson: Will you give us architectural control of it, sir.
Mr. Plummer: Excuse me.
Mr. Colson: Architectural control of it?
Mr. Plummer: Oh yeah, sure. It's just a satellite receiver.
Mr. Colson: Mr. Rana says that he doesn't object to it under those
circumtances if...
(INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD)
Mr. Plummer: We're talking about a 12 foot antenna, That's all, it's
a satellite. I make that motion,
Mr. Plummer: You can't lose. Plummer moves on both builddngs, Gibson
seconds. Further discussion... on all 3 buildings.
Mr. Plummer: On all buildings encompassed in this complex. Cail the roll.
157
The following motion was introduced by Commissioner Plummet, who
moved its adoptions
MOTION NO. 81-35
A MOTiON OF THE CITY COMMISSION STIPULATING THAT AT SUCH TIME
AS IT IS FEASIBLE AIYD REQUESTED BY THE CITY COMMISSION, THAT
BOTH APPLICANTS FOR A DEVELOPMENT ORDER (MIAMI CENTER PHASE It
AND SOUTHEAST BANK FINANCIAL CENTER) GIVE THE CITY OF MIAMI
COMMISSION THE RIGHT TO PLACE COMMUNICATIONS ANTENNAS ON BOTH
OF THEIR PROJECTED BUILDINGS, AT THE CITY'S EXPENSE; —
FURTHER STIPULATING THAT THE CITY WOULD GIVE BOTH PARTIES
COMPLETE ARCHITECTURAL CONTROL OVER THE DESIGN OF SUCH
ANTENNA INSTALLATIONS
Upon being seconded by Commissioner Gibson, the motion was passed
and adopted by the following vote:
AYES: Commissioner J. L. F'.lummer, Jr.
Vice --Mayor (Rev.) Theodore R. Gibson
Commissioner Armando Lacasa -
Mayor Maurice A. Fcrre
NOES: None
ABSENT: Commissioner Joe Cnrollo
Mr. Plummer: Mr. Fosmoen,
Mr. Fosmoen: Yes, sir.
Mr. Plummer: Mr. Colson has painted some pretty mathematics down there.
What has the FireChief and the Police Chief said for additional equipment,
additional cost, to this City, and are we prepared to provide what is
going to be needed in the areas of police, fire and sanitation, whatever,
if there is sanitation. This, with 26,000 more people in that area, in
my estimation, is going to require at least 25 to 30 additional policemen
at all time of day light hours. I would envision that this kind of
tremendous structure is probably going to require special equipment of
the Fire Department.
Mr. Fosmoen: Both of those issues have been spoken to in the preparation
of the development of regional impact.
Mr. Colson: I can answer, if you don't mind,
Mr. Plummer: Sure,
Mr. Colson: In the Regional Planning Council, on page 33, in their order,
if you will look at that, it has to do with the Southeast Bank Financial
Center fiscal impact, Now..
Mr. Plummer I'm not worried about your impact. I'm worried about mine.
I'm Worried about mine, I've got to.,,
Mr. Colson: That's going to answer your question about Fire and Police.
I'm not talking about how much we have to spend.
Mr, Plummer: How much we have to spend.
Mr, Colson: I understand. Now If you'll turn to that and kind of Look
bore with one just moment, Commissioner, You're on page 339
Pl.unpnerx Yes, sir.
JAN
Mt, Colson: All tight. All I'm saying..,and this is only the Southeast.
Now there's a lot more for Miami financial Centeri but half way down -
there is expenditure categories. And in the first lime of that, it shows
that there is first "General, Government", and it says what it is going to
cost the City of Miami and it's going to be "X". And then it goes to
public safety which I assume is the Police Department, and then it goes
to health and welfare, recreation and so forth, transportation and so forth,
natural resource, public works and all of that. It the totals that, And _
then, if you'll go down to the very bottom and you'll see the last 3 lines,
were I'm point sir at the last 3 lines, Now we did not...,this is Mr.
Barry Peterson's materials that have been put into the Regional Planning
Council findings. And I see it is a terrible copy and I agree with you.
But let me read it because...
Mr. Plummer: That coupled with the fact I don't have my glasses.
Mr. Colson: Well let me read it. These are total new annual expenditures.
And then with us, we have total new annual revenues. And then there is
a net surplus or deficit. But in our particular case...
Mr. Plummer: Is this thousands?
Mr. Colson: No, sir. Yes, sir it is. 3 zeros should be added on the end.
Yes, sir. And it says that for Southeast, that the City of Miami will have
5,000,000...no, no. Let me give you a net surplus. The net surplus is
$942,863. Which means that with what it cost the City of Miami when
we're billed, versus what we're going to pay in in taxes direct to you,
that will give a net surplus of 942. Now you go to the next column and it
shows the sa*re thing for. the County.
Mr. Plummer: Bill, back up. Back up. Come back up to that figure called
public safety. Are you saying that public safety is going to cost this
City $14,752?
Mr. Colson: I'm not saying that I'm saying that. I'm saying that's in
this report of the Regional Planning Council.
Mr. Plummer That's ludicrous. We can't even hire'1 policeman for that.
Mr. Colson: I did not make up these figures, Commissioner.
Mr. Plummer: Well you know, this is ridiculous.
Mr. Fosomen: Commissioner, maybe Mr. Peterson could describe the fiscal
impact cr.odel that they use in generating those.
(INAUDIBLE BACKGROUND CO*24ENT PLACED OUTSIDE OF THE PUBLIC RECORD)
Mrs. Hirai Mr. Peterson, on the record please.
Mr. Plummer: One policeman, Mr, Peterson, cost me $27,000.
Mr. Peterson: That's based on the average expenditures that you have
in the City of Miami now for similar kinds of property. It's not like
this were 25,000 residents in a residental area, it's not like it was
a commercial. area
Mr. Plummer I understand that. But, so when Mr. Bassett calls me and
says air, there is only one policeman around my whole complex, I'm going
to tell him that's all you paid for because you only paid for half a
policeman. Is that what you're saying?
Mt, Peterson., That's what the model says,
Mr, Plummer: %%li.nt does the Police Department say, Mr, Fosmoen?
26,000 people and you only need half a policeman?
Mr, Fosmoen, It's in the file, Commissioner,
MAublkt BACKGROUND ComENT PLACED OUTSIDE OF THE PUBLIC RECORD)
Mr, PlumnMer: Who, ?1se? Were the only one going to be providing you
police and fire.
Mr. Colson: That's only for Southeast.
Mr, Plummer: I understand.
Mr, Peterson: Commissioner, I'm sorry. I didn't clarify.,.
(INAUDIBLE BACKGROUND COi1I01ENT PLACED OUTSIDE OF THE PUBLIC RECORD)
Mr. Plummer: You're only going to get half according to this.
Mr. Peterson: Commissioner, I should have clarified. This is capital
expenditures. It's not salaries.
Mr. Plummer: All right, Well .salaries. That's what I want to speak to.
Mr. Peterson: This is just new equipment that the Police Department would
teed based on the equipment that they have now and what it costa
Mr. Plummer: Well I hope you understand that the latest figures sir, that's _
about 3 portable radios. Okay? Now, Mr. Reid.
Mr. Reid: I have 2 comments. One- is that there is a letter from Chief Harms
dated June 13th, 1980, to Patricia Morekind...
Mr. Plummer: Tell me what it says. I"don't know Patricia Morekind.
Mr. Reid: The letter says I can respond while the overall impact of
Southeast Bank Headquarters buidling in the downtown area would probably
not significantly affect our provision of police services, the cumulative
impact of that and other major commercial developments in the City will
certainly affect our ability to provide police level at present police
staffing level... police services at present police staffing levels. We
are presently attempting to gauge just what that impact would be so we
can make appropriate budgetary requests in the future. And earlier in
the letter, the Chief points out, as you probably realize, there is a
possibility that a special downtown taxing district may be created
partially for the purpose of additional police protection in the downtown
area. He does not specify the. Level of service.
Mr. Plummer: I assume the same letter exists from the Fire Department.
I can find a letter from the Fire Department.
Mr. Plummer: Tell me what i.t says.
Mr. Reid: I cannot cell you what it says until I find it, I would say
this, Commissioner Plummer. In the circulation of this development order
' and this report, we invited both the Police and Fire Department to comment
in any way that they would like to in the Commission with respect to issues
affecting the operation of their departments. We had no comments from
either department,
Mr. Fomsoen: Commissioner, there will be.,
Mayor Ferro; Plummer, your 2 hours are up,
Mr. Fosmoen: .,.Where will be sufficient,,,there will certainly be
sufficient revenues generated from the: taxes on these 2 projects to cover
any incremental increase in the cost of police and fire service, In
addition to that, the buildings will be designed to South Florida Building
Code. The buildings will be sprinkled, there' Is a heliport on the roof
which is not provided in most of our major buildings downtown,
Mayor Ferro; Mr. Peterson for the last question: Do you want tp vo�.ynteer,
obo you want me to ask the question? G ah d M
_._.
1
j 1.____
Mr. Plummer: t have altoady given hith the vestion- The Vast36n was*
previously in this hearing he requested that the City CdMisaion defer
this item to have further bitas of the apple l think Was his tarminology.
I hou aakod hita after heating all of the discussion...
Mayor Ferre: All t, hours.
Mr. Piu=or: All b houta. And Mr. Peterson, i petaonally want to thank
you sit for appearing and being beta. _I don't say the same thing for the
2 other agencies that didn't appear, girt after boating all of this
testimony, do you still temftmend that this Cofoitsion defer these items?
And if so, chat would you hope to aceompl.ish by the deferral?
Air. Peterson: Yes, sit I do. And what 1 would hope to do by the deferral
would be to get together with your staff and work out some language that
will allow us to avoid getting into an appeal, turning the decision over
to the state confrontation situatin between the Regional Planning Council
and the City.
Mr. Plummer: Do you think that could be done, sir between now and next
Thursday? Becasue as you know, they'recoming back next Thursday.
Mr. Peterson: If you give your staff a direction to work...
Mayor Ferre: Oh yeah.
Mr. Petersont- ...with us, 1 think we could,
Mayor Terre: Plummer moves. -
Mr.' Fosmoen: What language is Mr. Peterson referring to? What needs to
be worked out?
Mayor Ferre: kfiat are you going to do? Get into an argument with Peterson
now? What's the matter with you now....
Mr. Peterson; We can get into the specifics if you want to...
Mayor Ferret ...Mr. Temporary City Manager.
Mr. Fosmoen: Acting Temporary.
Mr. Plummer: Well, will the real Mayor please stand up? (LAUGHTER)
Mayor Ferre: Marie, go ahead stand up.
Mr. Plummer: The question is...
Mayor Ferre: It's a moot point, for goodness sakes. He's going to
try to hammer it out. It's very simple. If he's satisfied by next
Thursday, he's going to come here and agree. And if he's not, he's going
• to go back before the other board and say, look these guys haven't done
what they should have done and you ought to repeal this thing and what have
you. Now you know, come on, let's go, What else have we got? All right,
Mr. Plummer moves. What do you want to move now? Lrt's m7ve something so
we can get out of here. Po you want to move item 2 with all the stipulations
and what have you?
Mr, Laeaaa; T move, Mr. Mayor,
Mayor Ferrer Mr. Lama, go ahead, do you want to say something into the
record? All right. With all the corrections, all the additions, all 1
the amendments, ai1 the signatures and all the everything else, Mr. Lacasa
moves that item 2 as presented end amended be approved. 1s there a
second?
Mr. 111uier: That stands on its ?
3
Mrs Flu et: 1 2 Ju§t aakings l Want that to be undetstaod and I don't
runt any hurptises if the second radar, is to Wart go t don't Want to
have Mrs tataaa, hove his RAY to fbe after this motion wall ysu ahauld have
told ffia What you Ware going to do first betousa Mrs Lataaa hat been vasty
much on too of the table that it'a bath or bathing, to t Vint that an top
of the table that that's understood.
Mayas Ferret, veil i think it's been obvious for the last g or 6 hours,
at least to me, extuae Ifte, that you're going to vote for 2 and vote against
3, So l mean, at least:**of tautse, t vt trade a rot of mistakes reading you
befote. Theto ve go. The motion is an the float to apptwe itam number
I and it vas setonded by Gibson, with all the amendments and ehafigea
that we've done over the last 6 hours. xi
Mr. Walla! The notion bias trade by ubo, Mayor?
Mayor Ferre: By Mr. Latasa.
Mr. Carollo: 'Okay) to approve...
Mayor Ferre: To approve item 2, Southeast tank Finance Centers as amended.'
Mr. Plbmmtr: i offer a substitute :notion that the item be deferred until
next Thursday.
Mr. Carollo: Second the motion.
Mayor Ferre: There's a motion that item 2 be deferred. A substitute
motion. Further discussion? Call the roll on the substitute motion.
MOTION DEFEATED. On motion by Commissioner Plummer
and seconded by Commissioner Carollo, the
foregoing motion was defeated by the following
Grote:
APES: Commissioner J. L. Plummer, Jr.
Commissioner Joe Carollo
NOES: Commissioner Armando Lacasa
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
ABSENT: None
Mayor Ferre: All right, now on the main motion...
Father Gibson: I move.
Mayor Ferre: You don't have to reinstate it. It' son the floor. Further
discussion? Call the roll.
The following resolution was introduced by Commissioner Lacasa , who
moved its adoption:
i.ESOLUTION NO. 81- 36
A RESOLUTION CONCERNING THE SOUTHEAST BANK FINANCIAL
CENTER, A DEVELOPMENT OF REGIONAL IMPACT, LOCATED AT
APPROXIMATELY 200-298 S. BISCAYNE BOULEVARD, MIAMI,
FLORIDA, AUTHORIZING ISSUANCE OF A DEVELOPMENT ORDER
FOR SAID PROJECT APPROVING SAID PROJECT WITH MODIFICATIONS
AFTER CONSIDERING THE REPORT AND RECOMMENDATIONS OF
THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL AND THE
PLANNING ADVISORY BOARD OF THE CITY OF MIAMI, AS ,
REQUIRED BY THE CITY OF MIAMI ORDINANCE 8290, AND AFTER
CONDUCTING A PUBLIC HEARING AS REQUIRED BY SECTION 380,06
FLORIDA STATUTFS SAID APPROVAL AND AUTHORIZATION SUBJECT
TO THE CONDITIONS OF THE DEVELOPMENT ORDER ATTACHED
HERETO AS EXHIBIT "A" AND THE APPLICATION FOR
DEVELOPMENT APPROVAL; FURTHER DIRECTING THE CITY CLERK TO
SEND THE HEREIN RESOLUTION AND SAID DEVELOPMENT ORDER
TO AFFECTED AGENCIES AND TO THE DEVELOPERS
(Hgr@ f0ttows body of FosplutiQna omitted bprp And on fit@
in bhp Office of th@ City OIgrR),
■l
Upon being seconded by Commissioner Gibson, the motion was passed
and adopted by the following vote:
AYES: Commissioner Armando Lacasa
Vice=May+or (Rev.) Theodore R, Gibson
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: Commissioner Joe Carollo
ABSENT! None
ON ROLL CALLt
Mr. Carollo: Before I vote, I'd like to state why I'm going to vote on this
motion. As I stated before, I wanted to be absolutely sure that we get
the best compromise on the parking nightmare that we might have there,
Overall, I think with some modifications, we could have, at least I could
dive with the Southeast project. I think they've done an excellent job
on their presentation, you've all made here gentlemen, in the model you've
brought here. My problem is, with all due frankness, I think that this
has been taken over here. We should have held a special Commission meeting...
Mr. Plummer: We have,
Mr. Carollo: Well not really, Plummer. We had a Commission meeting today.
This is been gotten to all around ... I personally am willing to even come
here tomorrow, Saturday, Monday morning and go over this if I have to. But
the way this has been thrown, so many things, so many changes and still
I lust see a lot of loose ends. But I don't see a solution for the main
concern that I have, so I have to vote no on this. Again, if the Mayor
would like to call a Special Commission meeting just for this tomorrow,
or Saturday or even Sunday or Monday, I would be more than happy to come,
sit down and resolve this, hopefully, once and for all.
Mayor Ferre: That's what we're doing now. Call the roll.
Mr. Plummer: I'm of mixed emotions and this is the reason. I'm all in
favor of the Southeast project but 1 don't think it really will accomplish
anything to aprove this one this evening and not consider the other one.
Mayor Ferre: We're going to consider the other one.
Mr. Plummer: I understand that. And my main consideration is the fact
that in one we possibly could eliminate a lot of problems for both
parties if in fact Mr. Peterson is able to hammer out whatever is necessary.
Mayor Ferre: Mr, Plummer, Mr. Peterson is going to try to hammer it out
any way. And if it isn't, I'm sure Mr. Peterson or somebody, and this
thing is going to be back here next Thursday anyway. You know that.
Mr. Plummer: All right, let me ask this question. Mr, Peterson, or whoever
can answer It:, will this Commission still retain control next Thursday.
Mr. Petrson Over less than you do tonight,
Mr. Plummer; Can we reverse ourselves next Thursday, That's the question
that I'm asking, At one time we were told we had 30 days,
Mayor Ferre: If none of the,conditions that are demanded on this thing
are met, then obviously this thing will be coming back to us and at that
Point you can reverse, If however, every condition that you've stipulated
is met, then the only reversal that we have is the granting of variances
which we cannot grant.
Mr, Plummer: All right, There's my safety gap, I vote yes,
st 1
i
FOLLOWING ROLL CAU t
Mayor Fette: All. right...
Mr. Traurig: Mr. Mayor, by way of clarification, when you said including
all the amendments, are those the suggestions that were made by us with
regard to changes in language that you incorporated?
Mayor Ferre: Yes. Mr. Traurig, I'think you and the City Attorney and the t
staff are going to have to sit down and go through all these motions.
Mr6 Traurig: gut the sense of the Commission...
Mayor Ferrer They are all incorporated into...
Mr. Plummer: The overall picture.
Mr. Traurig: Thank you.
Mayor Ferre: That's correct.
:.(Cb
a) DEVELOPMENT ORDER FOR 1TANI CZi�TER PHASE II
3$) IINSTRUCT CITY MA9AGER TO INITIATE FEASIBILITY STUDY
DUPONT PLAZA FOR POSSIBLE PEDESTRIAN BRIDGE BETWEEN
CONVENTION CEI;TER A!�D DUPONT PLAZA `HOTEL & APARTNENTS
Mayor Ferre: Now, on item 3. Is there a motion?
Mr. Lacasa: I make the motion on the same terms and conditions that we
made the Southeast motion, that the Miami Center Project Phase II and III
be approved.
Mayor Ferre: Is there a second to that motion? Is there a second to the
motion? Well obviously there are not 3 votes, but I think for a matter
of putting it on the record, I am going to second it, just for the record.
Mr. Plummer: I offer s substitute motion that the matter be deferred.
Mr. Carollo: Second.
Mr. Plummer: Until next Thursday.
Father Gibson Motion to defer takes precedence.
Mr. Carollo: J. L., I honestly think we're going to accomplish anything ty next
Thursday. Do you want to leave it for the following meeting after that?
Mr. Plummer: I'm going to give them the opportunity until next Thursday.
Mr. Carollo, I too share with you your concern in reference to the garage
structure. I have something here I can see that has been proffered by
Southeast.
Mr. Carollo; Southeast, without a doubt, did an excellent job in doing that.
Mr. Plummer; All right. I am concerned with the terminology that says
a garage is a garage. I don't agree with that. I'm sorry, I just don't
agree with that.
Mr, Carollo; I agree with you,
Mr, Plummer; All right? I will feel, I have no light to guide by future
but by the light of the past.
Mr. Carollo; is that Gibson speaking or Plutq�ner? (IAUGH#t�
tot
M
I
1
Ht, Plummer: I have adopted that. And I adopt that because i want
"Mi. Could': signature on the dotted line. I'm not going to go back in to
history except to say that I remember and I remember well.. So I waist
the main principal, as 5outheast's main principal signed the document, I
want the main principal of Hollywell to sign the document -
Mt: Carollo: Well. J. L., let me tell you why I'm against approving
Hollywell. I don't want 5 or 10 years from now, when people see the mess
that we have there, that they blame me as one of the individuals responsible
for it. Think that we just approved this blindly without getting some
concessions to solve the traffic problems that we are going to create.
Should I say the additional traffic problems that are going to be created
because we have a traffic problem there already: Instead of having a
sample of greatness in the downtown area, we're going to have an example
of a traffic nightmare and a great example of poor administration and
management. I don't want to be responsible for that.
Fattier Gibson: All right, call. they roll please.
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION NO. 81-37
A MOTION DEFERRING CONSIDERATION OF APPROVAL OF A
DEVELOPMENT ORDER FOR THE MIA%1I CENTER II-DUPONT
PLAZA PRi>JECT, A DEVELOPMENT OF REGIONAL IMPACT
TO BE LOCATED IN DUPONT PLAZA IN DOWNTOWN MIAMI,
UNTIL THE NEXT CITY CO,YISSION MEETING TO BE HELD
ON JANUARY 22ND, 1981
Upon being seconded by Commissioner Carollo, the motion was passed
and adopted by the following voter
AYES: Commissioner. J. L. Plummer, Jr.
Commissioner Joe Carollo
Vice -Mayor (Rev.) Theodore R. Gibson
NOES: Commissioner Armando Lacasa
Mayor Maurice A. Ferre
ABSENT: None
Mr. Plummer Mr. Mayor, I'd like to make motion at this time that the
City immediately undertake, with the Dupont Plaza, a feasibility study
of a pedestrian bridge between the Convention Center and the Dupont Plaza
Hotel -Apartment Complex. That's a feasibility study. I offer that in the
form of a motion,
Mr. Carollo: Can you repeat it again, J. L,?
Mr, Plummer: That the City immediately instigate a feasibility study:
to tie with.the pedestrian bridge between the Convention Center and the
Dupont Plaza Apartment -Hotel Complex,
Mr, Grimm: Commissioner, may I remind you that we already have one,
Mr, Plummer. No, sir, Mr, Skip Shepard says that that is not true. If
that's the case, then I don't have a study,
Mr, Grimm: Well Oat's why I say, let me remind you that the river walk
goes undernpath the bridge and comes right up at the hotel complex,
kzr► Plummer; Mrs Grimm, I appreciate you comrmnts, sIr but that's not
what I have in Mind,
.. R
IUD ,.'�
Mt, Gri=! You're talking about something over Btickell?
Mr. Plummer: Yes, sit.
Mr. Gtimm3 You'te picking on something that's kind of rough, J.L. because
we have to go through...
Mr. Plummer! I didn't ask you to do Ito 1 asked you to study the feasibility
I offer that in the form of a motion.
Mr. Carollo! Second.
Mayor Ferrel There is a motion and a second. Further discussion? Call
the roll.
The following motion was introduced by Commissioner Pluimner, who
moved its adoptions
MOTION NO. 81-38
A MOTION OF THE CITY COM11ISSION INSTRUCTING THE CITY
MANAGER TO IMMEDIATELY HAVE A FEASIBILITY STUDY MADE
IN THE DUPONT PLAZA AREA FOR POSSIBLE CONSTRUCTION
OF A PEDESTRIAN BRIP.GE BETWEEN THE CONVENTION CENTER
AND THE DUPONT PLAZA APARTMENT NOTEL COMPLEX
Upon being seconded by Commissioner Carollo, the motion was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Joe Carollo
Commissioner Armando Lacasa
ViceMayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferro
NOES: None
ABSENT: None
39. REFER TO Kii2•:GRIAL C0121ITTLE LAMES FOR CONSIDr:RATIO17: BUILDINGS
IN THE LITTLE HAVA1:A CO-- fUNITY CEhTER
Mayor Ferre: Is there anything else to come before this Commission at this
time?
Mr. Carollo: Can we take it up in the form of a pocket item, Mr. Mayor, if
it's not conroversial, Mr. Mayor, earlier this morning, and I'm sorry I
was late for that, you brought up a resolution to name one of the three
buildings in Little Havana after one of our former Commissioners, Manolo
Reboso who served this City. I'd like to bring a motion up and at the
same time, add my vote for the record to that previous motion, if I may,
I'd like to bring a'motion, Mr. Mayor, if I may, to recommend to the
proper board from this Commission from the other two buildings, since there
is 3 that are going to be built there, that one of them out of the other
2 be name after Doctor Manuel. Artime Buesa who is the Chief of the Civilian
Forces of the Bay of Pigs Invasion, a true freedom fighter, a Cuban American
Oat gave many yoars of his life not only to the freedom of Cuba, but to
freedom itself of the United States. And the other building, I would
like to make it in the same motion to name it after another member of the
Brigade M6, Tomas Crux, Another great patriot and freedom fighter# .and
i would like both these buildings, one of them to be named after Manuel
Artime, and the other after somas Crud, in their memory,
166 +
Mayor Fetre There's 3 buildings in the tittle Havana Community Center and
we named the main structure, which is the new building that wag tecently
constructed and opened last year for Manolo Reboso, We're talking about
flaming the other 2 structures that re remainingi one of which exists which
is the auditorium and the other which has not been built yet, No, no, it
is under construction,
Mr. Fosmoen: You mean the senior citizen project?
Mayor Ferte: That already has a name?
Mr. Fosmoen3 I believe it does, sir. And the third building, the small
building between the senior citizen project and the auditorium is to come
down.
Mayor Ferre: Let me ask you this question. What is the name of the
senior citizen center. It's not Claude Pepper is it?
Mr. Fosmoen: No, sir. The senior citizen...l cannot tell you off the top
of my head the name of the senior citizen buildings.
Mr. Carollo: It's my understanding, at least it's what Assistant City
Manager Odio told me, and the understanding that I have, from the memo that
the Mayor
sent that there were 2 other buildings to be named there. Is that correct
or not, Mr. Mayor?
Mayor Ferre: I don't know whether it's correct or not. It was my opinion
that...
Mr. Carollo: It's what Dena Spillman also stated, I believe.
Mayor Ferre: ...that there are 3 buildings there. One is the auditorium,
one is the office building that was finished, that just got an award this
morning for architecutre, and the third one is a housing senior citizens
project. Now, I don't, it is my opinion that none of those buildings
have a name. And so what in effect is being done here is we named one
building this morning, and Commissioner Carollo is making a motion to name
the other 2 buildings.
Mr. Plummer: Well, you're making a motion to recommend to the Memorial
Committee.
Mayor Ferre: Of course, the same as we did this morning.
Mr. Carollo: The same motion as this morning.
Mayor Ferre: We're recommending to the Memorial Committee that those
are appropriate names for those buildings. Further discussion? All right,
it's been moved and seconded. moved, by Carollo and seconded by Lacasa
Further discussion? Call the roll.
The following motion was introduced by Commissioner Carollo, who
moved its adoption:
MOTION NO. 81-39
A MOTION REFERRING TO THE MEMORIAL COMMITTEE THE CITY
COMMISSION'S RECOMMENDATION FOR NAMING OF THE TWO
REMAINING BUILDINGS IN THE LITTLE HAVANA COMMUNITY
CENTER AS FOLLOWS;
1, THE ONE BUILDING IN MEMORY OF DR. MANUEL ARTIME BUESA,
CHIEF OF THE CIVILIAN FORCES AT THE BAY OF PIGS
INVASION IN CUBA,
2. THE OTHER BUILDING, IN MEMORY OF A MEMBER OF THE
7506 BRIGADE, THOMAS CRUZ
167
W
Upon being seconded by Commissioner Lacasa. the motion was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummet* It,
Cotmnissionet Joe Carollo
Commissioner Armando Lacasa
ViceMayot (Rev.) Theodore R. Gibson
Mayor Maurice A, Ferro
NOES: None
ABSENT: None
40, CHANGE DATE OF FEBRUARY C01,24ISSION MXETING TO FEBRUARY 11
Mayor Ferre: All right, we have before us the scheduling of the February
12th meeting as petitioned by Commissioner Plummer.
Mr. Plummer: It is my request, if possible, to change the meeting from the
12th so that I and Mr. Lacasa can attend the mid -year conference of the
Florida League of Cities.. It is an important meeting because it is the
legislative meeting to set the policy of legislation from the Florida
League, hoepfully, to petition the Legislature that meets the following
month. And I would ask for consideration, if possible, that that meeting
be changed. I am open and free to suggestions. The meeting is on the
12th and the 13th.
Mr. Carollo: Of February?
Mr. Plummer: Of February.
Mr. Fosmoen: Can we hold it the llth or the loth?
Mr. Plummer; The loth would be all right, but the 11th, because I usually
go up the night before.
Mr. Carollo: The loth would be okay.
Mr. Plummer: All right, subject to confirmation of the rest of the
Commissioners and Mayor's calanders, I will make a motion that the loth
be disignated as the first meeting subject to any Commission havethe
right to overrule if his calander is in conflict.
Mayor Ferre; I can'tdo it on the loth, J, L.
Mr. Plummer; All right, what date can you do it.
Mayor Ferre; There is a Governor's meeting in Tampa. Another secret
meeting that I'm going to,
Mr, Plummer; How about the 19th.
Mayor Ferro; I can do it on the 11th, 1 can do tt on the 9th, I can you know,..
Mr, Plummer: All right, well the 11th is all ;right
Mayor Foram; Everybody a1l right on the filth. I1 not, the motion is that
wo can call up and change it,
Mr, Plummer; subject to any f;ommisoioner objecting, that's approved.
Mayor Petre: Motion by Plummet that the meeting of the 12th be changed
to the llth: Is there a second?
Mt, PlUmthet: With a maximum tine of 5.
Mayot kettet. Is there a second? Second by Lacasa. Further discussion?
Call the roll,
The following motion was introduced by Commissioner Plummet, who
moved its adoption:
MOTION NO. 81-40
A MOTION OF THE CITY COMMISSION CHANGING THE DATE OF
THE CITY COMMISSION MEETING PREVIOUSLY SCHEDULED FOR
FEBRUARY 12TA To NOW TARE PLACE ON FEBRUARY 11TH, 1581
Upon being seconded by Commissioner Lacasa, the motion was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Joe Carollo
Commissioner Armando Lacasa
ViceMayor (Rev.) Theodore R. Gibson
Mayor. Maurice A. Ferre
NOES: None
ABSENT: None
[41:.RhF:ERT0,X-*EM,ORIAL CO2-JiITTEE POSSIBLE RLA&ING OF ANNEX STRIP
ARK IN HONOR OF KE:1I`ETH MEYERS
Mayor Ferre:- I'd like to make a motion, or one of you make a motion, since
Saturday is Kenny Meyers day, there is an annex here at Peacock Park,
in front of the Mutiny, there's a little strip there which has... it's a
no name thing. And Kenny Meyers really has worked hard for this community,
you know wouldn't mind having a little stip of land or something named
after him. He has a testimonial on Saturday, which I hope you all go to,
I won't be in town. I'm going to be up at the Republican Inaugural which I've
been invited to and have a seat on the fourth row...,.
Mr. Plummer: Are you waring your armor,
Mayor Ferre; No, I'm going with my uncle and all my republican friends.
You don't think I have republican friends?
Mr, Plummer: Is it true that Carollo is going as your body guard?
Mayor Ferre; That will be the day, (LAUGHTER)
Mr, Carollo: I don't think I'd be able to stop everything_ coming at him
(LAUGHTER)
Mayor Ferre: We're going to sit you next to Frank Sinatra,
Mr. Carollo YPW re the one that l understand has all the Italian friends,
At leapt that's what has been related to the from one of your secret meetns.
Mayor Ferre; That's what Marla told you.
169
- i�
Mt, Plummier: All. tight) I #tame that we send t6 the Memotial Co ittee
the slid-k strip actoss froth the Mutiny, isn't that if6bic as hell. A wateritig
hole across the street lot Kenny Meyers. We'll call it the Meyets betok
strip. I thove that we sefid to the Methotial Cotoittet the Meyeta betok strip,
Mayor Ferret Okay, would you ahnbuce it at the Meyeta dinner.
Mr. Lacasa: I second that with pleasure because Kenny and I will be looking
from the same window.
Mayor Verret Call the toll.
The following motion was introduced by Commissioner Plumt*r, who
moved its adoption:
MOTION N0, 81-41
A MOTION REFERRING TO THE MEMORIAL COMMITTEE THE CITY
COMMISSION'S RECOMMENDATION FOR POSSIBLE RENAMING OF
THE ANNEX STRIP ADJACENT TO PEACOCK PARK RUNNING
PARALLEL TO SOUTH BAySHORE DRIVE, IN HONOR OF KENNETH
MEYERS
Upon being seconded by Commissioner Lacasa, the motion was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr,
Commissioner Joe Carollo
Commissioner Armando Lacasa
ViceMayor (Rev.) Theodore R. Gibson
Mayor Maurice -A. Ferre
NOES: None
ABSENT: None
ADJOURNMENT
There being no further business to come before the City Commission,
on motion duly made and seconded, the meeting was adjourned at 11:40 P.M.
WRICE A. FERRE
Mayor
4TTEST: RALPH G. ONGIE OF
City Clerk �19
MATTX HIRAI
Assistant City Clerk IMCOao CRATED
O Ib 96 . �•
���CQ
FLQ�1O
I
170
1.
ITEM NO DOCUMENT IDENTIFICATION
I COMMISSION AGENDA AND CITY CLERK REPORT
2 CONDOLENCES TO THE FAMILY OF JOYCE V. DIEFFENDERFER
3 ACCEPT LAND AND WATER CONSERVATION FUND GRANT
$300,000.00
4 LEND $1,750,000.00 FROM CAPITAL IMPROVEMENT FUND TO
GENERAL OBLIGATION FIRE FIGHTING FACILITIES BOND FUND
FIRE TRAINING FACILITIES AND CLOSED CIRCUIT T.V.
SYSTEM
5 AUTHORIZE CITY MANAGER TO NEGOTIATE AND EXECUTE
PROFESSIONAL SERVICES AGREEMENT: EH. FRIEND AND CO.
ASSISTANCE IN PENSION MATTERS
6 ALLOCATE $7,500.00 FIRE FIGHTING FIRE PREVENTION BOND
ISSUE CHANGE COLOR SPECIFICATIONS -AERIAL LADDER TRUCKS
7 ACCEPT COMPLETED WORK: ADMINISTRATION BUILDING-
SHAFER AND MILLER INC.
8 AUTHORIZE CITY MANAGER TO NEGOTIATE AGREEMENT:
DENNIS A VINTON INC. ADAPTED RECREATION PROJECT
9 RELEASE ISLAND CLAWS PRODUCTIONS, JOINT VENTURE FROM
OBLIGATIONS AND REMOVAL OF "ISLE OF CLAWS" MOVIE SET
VIRGINIA KEY PROPERTY
10 APPOINT THOMAS POST TO SERVE AS A MEMBER OF THE
DOWNTOWN DEVELOPMENT AUTHORITY
11 APPROVE ONE YEAR EXTNESION OF EMPLOYMENT:MARCOS A
KOHLY PUBLICITY WRITER (BEYOND THE AGE OF 70).
12 RENAME CITY OF MIAMI LITTLE HAVANA MINI PARK
ERNESTO LECUONA PARK
13 CLAIM SETTLEMENT:EVELYN ADAMS AND DOROTHEA BROWN
14 CLAIM SETTLEMENT; LILIAN FELDMAN
15 ACCEPT COMPLETED WORK; ADMINISTRATION BUILDING PARKING
LOT FENCING-QUAID INSTALLATION INC,
16 ACCEPT COMPLETED WORK:ORANGE BOWL REPAIRS RESTROOM
RENOVATION -MET CONSTRUCTION INC,
17 ACCEPT COMPLETED WORK-THEODORE R. GIBSON PARK
18 WAIVE REQUIREMENT FOR SEALED 511)S;GAS TURBINE LIGHT-
WFTGHT MODULE PUMP SYSTEM FOR FIRE DEPARTMENT
19 FLEA MARKET AT OLD SHELL CITY SITE,ATHALIE RANGE
COMMISSION.
- ACTION
R-81-2
R-81-3
R-81-4
R-81-5
R-81-6
R-81-7
R-81-8
R-81-9
R-81-10
R-81-11
R-81-12
R-81-13
R-81-14
R-81-15
R-81-16
R-81-17
R-81-2?
R41=24
RETRIEVAL
CODS Nb:
0042
81-2
81-3
81-4
81-5
81-6
81-7
81-8
81-9
81-10
81-11
81-12
81-13
81-14
81-15
81-16
81-17