HomeMy WebLinkAboutCC 1980-12-17 MinutesCITY OF MIAMI
r
kwAf:71, I
_t
1980
OF MEETING HELD ON _ December 17,
(REGULAR - P & Z)
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
RALPH G. ONGIE
CITY CLERK
9
Ili
CITYI N REGULA"IT
I SS I M>h1i wilf
(REGULAR-1' & ) I)1 CEMI3ER 1 198U IWCE Cl - 1TFY to. SLUC7[ REsowTim ha, IPAT No'
I
ANNUAL REPORT OF THE MIAMI-DADS PUBLIC LIBRARY SYSTEM
BY JUANITA JOINSON-CHAIRPERSON OF MTAMI-DARE PUBLIC
LIBRARY ADVISORY BOARD AND DESIGNATING AN INDI.VIDUAL
AS THE CITY OF MIAMI'S REPRESENTATIVE ON THE MIAMI-
DADS BOARD
R-80-883
1-4
— 2
BOND ISSUE
DISCUSSION
4-5
3
DISCUSSION OF POLICE ADVFRTISING FIRMS
R-80-884
5-7
4
REPORI. ON Pi'Bl_IC` SERVICE ATDES!COMlg,,'NITY SERVICE
AIDES
M-80-885
7-9
5
DISCUSSION OF CITY SAVINGS DURING FY-80-81
M-80-886
9-14
6
DISCUSS :10'; r-)F FIti:AI. RE01'ES'I FOP. PROPOSALS FOR CABLE-
T.V. (EATER FOKMALI?ED INTO ORDINANCE 7)9223
DISCUSSION
15-25
7
APPROVING A ?'Fc;w1:5'I' FOR PROPOSALS FOR CAPLE 1EL.EVISION
"ANAGER TO ADVERTISE
R-80-888
2h ?7
8
DISCL'S,)1ON (11 .-)E:E71'ERS AND Bi'S BENCHES
M-80-889
27-30
9
DISCUSSION;: STATE TROOPERS IN CITY FIRE STATION
DISCUSSION
30
10
DISCUSSION t F NUISANCE ESTABLISH -TENTS
ORD. 9211
30-33
11
PROGRf SS RFATIRT ON 1980 K1,'AN:ZA FESTIVAL
-80-890
33- 34
12
DISCUSSION OF A PROPOSED ORDINANCE TO HELP CURB CRIME
-
IN MIA.'iI
M-80-891
35-4_
13
A MO'i ION TO REQUEST GOVERNOR GRAHAM TO CONVENE A MAJOR
SUMr11'I `IEETING TO BE HELD IN MIAMI, EITHER IN JANUARY
OR FEBRCARY, TO DISCUSS THE CRIMINAL JUSTICE SYSTEM
M-80-892
'3-45
14
BRIEF iliSCUSSION ON CENSUS COUNT.
DISCUSSION
6
15
DISCUSSION OF THE OVF_RTOWN URBAN INITIATIVES
APPLICATION
DISCUSSION
6-49
16
PRESENI'A'I IONS AND PROCLAMuATIONS,ETC•
DISCUSSION
9-50
150
17
A MO110!11 THAT POLICE OFFICERS 01' OTHER PERSONS
RECE1ViNG RECOGNITION FOR OUTSTANDING SERVICE BE
GRANTEI) Tiff.DAY OFF OR FAWNED TIME
M-80-893
18
PRESENIATIONS AND PROC;LA"LAIIONS CONTINUED
DISCUSSION
50-51
19
PERSONAL APPEARANCE: MR. W. TRENT GF.RMAN, PRESIDENT
OF THE FIORIDA ?-IARIIIME: ITISEUM, REQLIESTING SUPPORT
FOI: THE ^L,RITIMF MUSEUN I KOJLCI,
M-80-894
51-52
20
PERSONAI. ELIZABE.TH VIRRICK TO DISCUSS
_
THE BOXING I'R ��.;EtA''.
DI SCUSSION
52-55
21
PERSONAL APPrAJUX'L: MR. *LAAt;E1.,I. A. HERSHBER(, R1-G:?R'.)II1C
THE RI:S'I'R1�'I1�:�': I:I "1'FING SE','101CITIZENS USIN(; TEIi.
CITY' S k.A?] 1 ; i;: i;1 i � I F:1:' L its:"1 I'._ ] I r)' (';_:)CI'. ,,III_r I-�.':`i:
)1SCU5SICiN
"It�X
c I N15,ISSI�OF,'h1IAMEMMA
PAGE "2
�,
�t�
(REGULAK-P h "L) SLBJECT'�f.r;f:'tBI:R I7, 198n
DINANCE Off�I
�SOLUTMNNO,
PAT NO,
22
PFRSONAL APPEARANCE- ?1R. �zTF.UHFy HIEINTZ, CHAIP.MAN,
BOARD OF DIRECTORS, M(IialNGSIDE CIVIC ASSOCIATION,
REQUESTING RESTI.I CThl) 110URS OF' OPERATION AT
MORNINGSIDE PARF
DISCUSSION
60-65
23
PERSONAL. AI'I'LA'RANCE: ?!R- LIVINGSTON ROLLE REGARDING
THE OVERTUiti;; ;)FVEI_Cji l'[ENT AUTHORITY
DISCUSSION
66-6;
24
PERSONAL i.i'f'I:.1?:ANCE: °2:. ti1I1ART SORG, PRESIDENT OF THE
COCONUT GROVE DEVELOPMENT AUTHORITY, PRESENTING A
PILOT PR(�k:,RA' 0.� STABILITY AND ECONnt"iI(;
DEVELOPiFNT
DISCUSSION
67-73
25
CON FIRMIN t; ASSESSMEN" ROLL: DELAI•ARE SANITARY SEWER
I
IMPROVFI * EN1 IN DELA'ti;ARF. SANITARY SEt%TER I;[PROVL"NENT
DISTRICT SEIt F"R)
R-80-895
73
26
DISCUSSION OF ARCHITECT'S CONCEPT FOR BAYFRONT PART;
DISCUSSION
73--84
27
PUBLIC I'ROPER"IY
DISCUSSION
85--102
r
27.1
BRIEF UNRELATED ITEM: CEREMONIAL DUTIES
OF CI T`i P iY0 !,I
DISCUSSION
�- `14
10� I..
27.2
CONTINUED DIS,-*lUSSION-P1'RLIC REARING-FEC PROPERTY
DISCUSSION
10.5-106
28
AMfEND § OF TIdL CODE "REQUEST FOR REVIEW" BY
PROVIDINt; FoR A RESCHEDULING FEE FOR ZONING ITEMS
BEFORF, TiiF C1"i Y CO'ElISSTON
ORD. 9212
106-107
29
AMEND SF:11C)NIS 35- 0I , 37-92 h 35-93 OF THE CITY CODE -
ESTABLISH RATES AT CERTAIN OFF-STREET PARKING METERS
b OFF-STREET PARKING LOTS
ORD. 9213
108
30
AUTHORI7_i; Cl'IY AT'Ir)RNEY TO ENGAGE DELTA SYSTEMS
CONSULTANT:-,, !NC. '10 PROVIDE TECHNICAL ASSISTANCE IN
CITY' S LITIGATIONS CHALLENGING CENSUS
R-80-896
109-110
31
PERSONAL. APPEARANCE OF MR. MASON LOIKA TO REQUEST
THE RENAMIN(; OF NL'v: WORLD CENTER BI-CENTENNIAL. PARK IN
HONOR pI ; lif. i.ATY .. OHN LENNON
DISCUSSION
110-112
32
DI FERIUL 017 AGENT PA ITEMS 13 AND 15.
DISCUSSION
112
33
DEFER APPEAL BY ,10SK PIAZ OF ZONING BOARD'S DENIAL,
OF VARIANCE AT APPROX. 822 N.W. 32ND COURT
DISCUSSION
112-114
34
DF.FEPRJ".1, Cli" A.T.NDMENI IV) 6871 PERTAINING TO C01^21U'NITY
BASED RESIDENTIAL FACILLIIES
DIICUSSION
114-115
35
CHANGE ZONING CLASSIFI CATION OF APPROXIMATELY 901
N.W, 43ft'_i AVENUE FROM R-3 TO C-2
FIRST READING
115-119
36
CILAIIGL ZONING CLASSIFICATION 4245 N.W. 11 STREET FROM
R- 3 TO C-4
FIRST READING
Its
MRIDA PAGE #3
ilI
(RECULAR-P SIZ JECT jj fl- p 1 7, 1
INANCE Of
rsc)LuTim No,
PAT NO.
37
CHANGE ZONIN(, CLASSTFIC 7710N OF 16421-60 SOUTH
BAYSHORE COUPT FROM R-3 '10 R-4
FIRST READING
I
38
CHANG'E OF ""(1)", 1ING, 1-1,ASSIfICATION-21956 BIRD AVENUE
FROM R-2 TO R-''•A
ORD. 9214
125
39
CHANCE ZOIN]""C OF 600 BISCAYNE
BOULLVARD FKO-1 C-2 A�l TO C-3
ORD. 9215
l2b
40
CliA%Gi.- (:L,%SSTFlCArl0N' OF 676 N.W. 27 STREET
FROM R-•, 1-1-1 C-Z.
ORD. 9216
1.27
41
DEFER A'li'FNIDNT T,! PERTAINING TO GROUND LEVEL
PFDESTRI:",' SFACI: AND KIE'QUIERED OFF-STREET PARKIN,-;
IN S P^ -1 S T., i
DISCUSSION
127 131
42
AMEND 6S71 'w ALLIMNC01,VALFSCENT HOMES AND NURSING
USE" APPROVAL IN R-5 DISTRICT
ORD. 9217
131
43
AMEND Ai'TOMOBILE RENTAL AGENCIES
UPON USE" APPROVAL RATHER THAN AS A
PEi�MIITEP 11; THE C-3 DISTRICT
ORD. 9218
132
44
ZO%'7A*;G, (71-, '_S11-ICATION-1901 N.W. SOUTH RIVER
DRIVE FRk-)M 1,'J R-4
FIRST READING
133-141
45
FIRST READING ORDINANCEAPPLICATION BY JOHN L. PRICE
TO CHA',"CAT: Z01:1,NX FROM R-1 TO R-2 - 2495 N.W. 18TH
TERRACE
M-80-897
142-154
M-80-898
46
APPROVE IN PRINCIPLE THE CULMER TRANSIT STATION AREA
PLAN, AN A-,CILLARY STUDY TO THE MIAMI COMPREHENSIVE
I
NEIGi-IBOPHoC)D PLAN
R-80-899
157
47
OF Co:SIDERATIION OF APPEAL BY PEDRO R.
PELAEZ FOR VAR'JANCE AT 5927 N.E. 1ST AVENUE
M-80-900
158-163
48
ACCEPT PLAT ENTITLED "DOMI SUBDIVISION -ACCEPT
DEDICATION,FTC.
R-80-901
163-104
49
SCHEDULING ()17 DEDICATION CEREMONY-ERNESTO LECUONA
PARK-FOK?fEXL'i LITTLE HAVANA MINI PARK) TO BE HELD
JANUARY 1",, 19�1
DISCUSSION
164
50
E'IRGFNCY ORDINANCE: LMEND SECTION 1 AND 2 ORD. 9179,
P-14"NUAL APPROPRIATIONS ORDINANCE
ORD. 9219
165-169
51
EMERCENC,'i ALLOCATE FUNDING FOR REPI-AcEMEN'T
OF SEVYNTY (7/0) POLICE VEHICLES AND PURCHASE OF
THIRTY THRE'l- (33) NFl-,' POLICE VEHICLES
ORD. 9220
171
52
EMERGENCY 'DRDINP-NCE-ALLOCATE FUNDS To PROVIDE FOR
BUILDING REPAIKS AN5 FOUIPt•ENT REPLAC7DMENT REQUIRED
AS A RESPLT Gf BUE611-ARIES IN THE HUMAN RESOURCES
DEPARTM.E%'T
ORD. 9221
172
53
EMEP.(ENCY 01,DINANCE: 101OCATE. MONILS F()!< TPj- Ftn.j)jN,-c_.
OF TWO NEV li'()�;_J'._IONS IN THE Pl_AN'NlNC; DEFART!•'11N'I
ORD. 9222
173
54
uiu). 9223
17
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
CI1YI ISSI�a (�F Ia�iI, NRIDA
SLB, T[
FIRST AND SECOND l?EADIti(-, CREATE "C'Dm-,
ENFORCE'.`iENT I?OARi'"
DEFER<<t+L (ii ;�!ti�I��1:kA71(lti ol� A LOCATION OF FL�\11)5 D i<
THE P.'FPi�tiI r',F PROVI_DTNG i ENCING FOR MELREESE GOLF
CO Lilt S IE
FIRST A'�D READING ORDINANCE: "TRAFFIC SAFETY
PLAN
FIRST ANU SECOND i RL I;.,''yCF: A.*1END CITY C ol)l:
BY DELK', ING 111E r ROV IS IO i'; WilIC.1i EXCLUDED LABORERS,
WATCHMEN t,NlD CL';:7':)DIAL 1:ORKERS FROM ME`IBERSHIP IN Thh'.
RETIRE"'FNT
WITHDRA I. '1 !�i:C)1'i1S,.L' ::5"i:�B1.i; 111T�'�'I OF POLICY OF CITY
t" LTH ! iLQUESTS TO REMOVE ITEMS
FROM THE I::;; AND 110':IN A(;ENDA
ACCEPT MI),S. RITA JOi0SON WILDER
0N ilE}? �]_i' t'i � � }' I '�)i t� t"���'NDAi iO'v FOR CONSTRUCTION OF
A "PICNIC_: PA 11.I.I i ;< ' J1RGAi:iE'i FACE PART:
REQL'C5T BIi!5 TO DE:•10LISH BUILDING
B OF Tlii I. i Ti 1 ,lA`.':',.NA C OMMU,'; i I Y CENTER
DESIGNATE lT':-E CENTER AS A
CATEGORY k, PP,i!,lFCT, WITH RESPECT TO THE MASTER
PLAN AN-0 CONCEPT THEREOF
AI'PRO�'F. C;uNSU1:I1'�G Fli:MS "I'0 PROVIDL ARCHITECTURAL/
ENGINEERING, SERVICES FOR: DESIGN AND CONSTRUCTION
OF CO:IMUTIN LTY• 3U l LD I NGS Al CURTI S AND WEST END PARKS
AND SWI.:.L'ING P00L AC.CGSS FEN'OVAT'IONS AT WEST END AND
SHENAI DOAII PARKS
WITlillc'AW!_ OF iEONSII?ERA"I'LON OF PROPOSED AGREEMENT WITH
COCO\L''i Glki-A'L LO; AL DEVELOPMENT CORPORATION, INC. TO
IMPLEMENT NE?t,11HORHOOD ECONOMIC DEVELOPMENT PROGRAM
IN THE COCONUT GROVE CD TARGrT AREA
LXECUTF CONT RACT'I'At. wi,rli YOUTH 1NDUSTRIES, IN
FOR OPLRAT i GIN: OF "AFRICAN SOUARiE PARK"
WAIVE C0.'1i'Li 11 i`.'E RIDDING FOR THE CONTINUATION OF
SYSTEMATIC '•.•;1N;:'FNANC'E Ad!) l'MERGENCY SERVICES FOR THE
EXISTING PIZ(JTECTION SYSTEM AT THE CITY
OF MIAP;I I'()LICIE STATION AND FACILITIES
WAIVE REQ; 1R!:.`YNT FOR FuRMAL BIDS FOR FURNISHING A
VISI:?LE ROTO"'ATIC FILE SYSTEM FOR THE DEPARTMFNT OF
POLICIE
ACCEPT bIl)� MOTCtiR VEHICLES/BL'iLDI'dG AND VEHICLE
MP.INTENSANCE
ACCEPT fill: ;",!SO'1'DI11- SIER1.10ES-BUILDING AND VEH1CLc
MAINTEI:ANC'i: I)EPT. "ROBERT BROWN BUILDING MAINTENANCE,
INC."
PAGE # 4
I NANCE OF
sounto,4 ho, I PAl NO,
ORD. 9224
175
DISCUSSION
177
ORD. 9?25
177
ORD. 9226
178
W I T HD RAW1,
R-80-902
R-80-903
R- 80-904
179
179
E ISO
I ISO
R--80-905
181
WITHDRAW`L
182
R-80-906
182
R--80-907
182
R-80-908
R-80-909
183
184
1 85-186
edy
]ITEM NO,
70
71
72
73
74
75
76
77
78
79
80
81
82
83
Na
C I �'%, IiS Tj d � AF. R R I D A
SUBJEur
PAGE # 5
rs )r11ay0ho, I PAS N 0,
ALLOCATE 010041 W( WITLE HAVANA COR1011Y CEVIEW-
CUST0n1AL"-j!N1V"hIAL SERVICES FOR THE LITTLE HAVANA
COM%�,I'N'j ,,Y CEI;T",:R
DEFERRED
AUTHORIVE ISSUANUL OF WASTE 0)LI-ECTION LICENShS TO
ALONIS'0 F,`\ '; - : nASA SERVICE CORP. . ANGEL FACUNDO,
INDUSTRIAL RA&L SERVICE INC. LA FE TRASH AND �,ASTE
SERVICE; FAFAFL AND ROBW TRASH SERVICE, 3AMES
SHEFFIFVP AND VNIIED SANIIATION SERVICE
R-80-911
AUTEPRIZE ITHEASH 1N CONIFACT IN THE AMOVNT 01;
S5,000 BEVWFEN B11Y OF MIAMI AND ASSOCIATES
CONSTRUCT!"N roppnRATION-CONSTRUCTION OF "LEMON
CITY PARK''
R-80-912
AU1 HUH 1 ? I t i 1 Y XAnA6EF 1 (, LXFCUTE AGIREKIIENT f 1 IR
PROITSSIWAI CUNSULIANI SERVICES-"HOOZ, ALLEN AND
HAMILTON, !'�, "(IMPROVF.RFfl' OF THE CITY'S
ADMINISTRA!hiAND MANAGEMENT INFORMATION
PROCESSES).
R-80-913
ORDERING styQ111 WN: ORDER MANGO HIGHIWAY IMPRQVEM) NT
FILASE I i;.FS,:,NATF, ]HE PROPERTY AGAINST WHICI-11
SPECIAL AQSE5MEN0, SHALL BE MADE
R-80-914
ACCEPT B l o : B"WA WIA COM2,11-INTTY DEVFLGPMFNT PAVING
PRO [EC-1- VB11) "A"
R-80-915
ACCFP! Li! � W'E:,A VISTA C,_)MW_JN'ITY DEVELOPMENT/
PAVING PVWLW PHASE V-BID "B"
R-80-916
�j_,1(i',,,1 of h"I'LOYEE REPRESEN
Co,,�Fjp!,, j.:,, REPRESENTATIVES ON THE
RETIREMIN! W4 BOA0 OF THE CITY OF MIAMI GENERAL
EMPWYEES'PhTIVEMENT PLAN (ILIA TEEMS -SEAT #2;
LOU IS ?. DF 1LSVS-SEAT f1l)
R-80-917
CoNppm ` qvhoN OF KENNETH HARRISON AS REPRESENTAT10
OF (I.,,y (?; :-:j,,%jjjj IoLICLMEN, AND kOBERT E. WFII_BAChER,JR.
AS RLPRESENTAIIVE OF CITY OF MIAMI FIREMEN TO THE
RETIREMENT BOARD OF THE CITY OF MIAMI CITY EMPLOYEES'
RE.TIRFMENI SVSTFM
R-80-918
APPOINT Cwt-10SIONER J.I.. PLUIL-ER,JR, AS THE CITY
COMMISSION RLPRfSENTATIVL ON BOTH THE RETIREMENT PLAN
BOARD AND FHI,, RETIREMENT SYSTEM BOARD
M-80-919
CLAIM SET 1LWNT: (,1!STA%7O A. DUARTE AND JOSE AMOR
DUARTL
R-80-920
APPOINT NEVEN IkDiVIhUALS TO THE ADVISORY COUNCIL ON
TRADE AND CoM` IEPCA,' DEVELOPMENT
R-80-921
APPOINTIN6 lhW INDIVIDUALS TO THE PLANNING ADVISORY
BOARD ('iUt) VACANCIES FOR REGLTLAR MEMBERS AND ONE FOR
AN AL1Ef1,Nf-.'IL MEXBER)
-80-922
APPOINTIL6 1WE INDIVIDUALS TO THE ZONING BOARD ly-80-923
186
181,
188
188
189
1 189
1 190
1 119
1 191
1192
1193
1193
194
196-197
84
87
88
89
90
91
92
93
94
95
96
lhax
CI1YI ��1'S. i l� h I '�i i NREA
�nssatmas¢-sris �iec wu. .+sa: *.+ cca e.an,+.s.
S!1 E",
�M �'!ri^.-r N.....•. s' .v:.:. RtWIT»[iY31¢!!VY•'m».ua..'!•olt'Y[..�n!V.IYMc YY..t:::.Te7.¢-`KR•a .n•0A
DISCUSSION AND DEFERP.AI, OF APPOINTMENT OF ONE
INDIV•iDUAL TO FULFILL AN LCNEXPIRED TERM ON THE ZONI
BOARD
APPOINT' ONE 1NDIVI'1tlAL `10 THE OVERTOWN/COMMUNITY
DEVELOPMENT ADVISORY BOARD
AUTHORIZE YUP(;} 1SE ()F ONE; ROTARY RIDING MOVER ( FOI
THE. PARKS DhPAKI'MENI T) - VENDOR: DE -BRA TURF AND
INDUSTRIAL VC I'IP?il'NT CoMTIMNY
RESCHED[''0I 111L i•']RST CITY COMMISSION MEE'TI.NG
1N THE MO)Nl h Ol' JANUANY 1981
CAT,I,I.N(: ON t ITiZLNS l'F MIA'II TO SUPPORT EFFORTS 'TC
RE -BUILD FA} i 1'i'1WKI: DA�LikCED AREAS IN 1TALY
ALL(?: A j ,': �- � , � L(:, I IiF 1_EAGG AGAINST CANCER FOF
PROMOTIO�'AT. i:I N'--IS iNCi'RRED
AUT•HOYI�I- i A.` tl ? ilA1SI ;.k AS NI-EDhi) BY THE GENERAL
FUND ''F lifi.,?�;}; TO COVER CASE DEFICIT
CREATED BY LATE COLLECTION OF REAL ESTATE TAXES
ALI.(!- A: r. L};_(1--!:D � 30, 000 AS ADD1110NAL
COMPENS:-,:ION To THE I.AW-r"IRA! i)I' PAUL, LANDY, BEILEY
AND HhRT'Li, F,'}; r OU11M.1I:D RI I'RFSEN'TATION OF iliE CIT)
IN I EONAM'G;,TL-.s . CT-'-: ' MIAMI.
AU';':7(iRI:.I C !VY A'J'FORNEY TO DIRE Fl Ml OF PAIII., i-A-NDY
BAIi.F`i A1,41 ii .::: LR i ? XI:YPL' ,f NT CITY IN THE CASE OF
BOI.RD bf OF MIA^1I CITY. ;;rtflA)YEES' RETIREMI
SYST-ML FT AL.JV._CITY OF MIA.MIi ET AL_ ~--
Atli H0R1>t i'i i MAN;i6FR '1!i r,( (;E1''1 CERTAIN LOTS IN 'I'I
CITY OF r X(,M MR. PNILII' MEOVIN
DISCUSS10.� : td i'Y' S ENLRGY PROGRAM
C1'I'Y .-Xi'RESS ION CONDOI.F-LACES TO THE
FAMLLY Of CA?'iAIN FEL.IX LiEVAN0 (FATHER OF THE
SISTER CI"Y PROGRAM) ON HiS RECt..NT PASSING AWAY
COMMISSION IS IA'FCWIED AS TO GOVERNOR'S APPROVAL
AND RECO:•L•;iNDATION OF CITY OF MIAM1'S REQUEST FOR
$500,000 FOR Thh TRADE OF THE MERICAS' BIENNIUM
PAGE #6
I IANE
so"LUTC0ry N0, PACE NO,
DEFERRAL
R-80-924
R-80-925
R-80-926
R-80-927
R-80-928
R-80-929
197
200-20I
201
202
202
203
203
R-80-930 1 204
R-80-931
206
R-80-932
206
DISCUSSION
207
M-80-933
208
DISCUSSION
208
a
6
MINUTES OF 11d'-IGULAIR Mf;E'IING OF THE
CII'Y COMIMI.S.510N OF' MJAMI, FLORIDA
A**A**$.
On the 17th day of 19i(J, tiie (.i.t-,; Co;i-imission of Miami,
Florida met at Its regular in the City Hall, '3500 Pan
American Drive, Miami, session.
The meeting was caii6d to ;11'0y1 ar. 9:310 A.M., by Mayor Ferre with
the following members of tf,.e 1cund to be present:
1 1 e i, L. Li rain (:- r , Jr.
P Theodore R. Gibson
lA% o t
o:cur A. Yerre
ABSENT: Commissioner -To(, Caroli.r) ,ric:, %'ice-'iayor Armando Lacasa
ALSO PRESENT WERE:
1j () S J,, i-;sie, .ity :ianagur
R. L. AisslsIn!: City Manager
t, Kro-, C.4' Ly Attorney
k nuie, Cicy Clerk,
City Clerk
An invocation was dellivcre:' Gibson who then led those
present in a pledge of 11ag.
On motion duly made iin-. :-,t Willnission, the Minutes for the
meeting, of Septc:;.I-e i i'l d.
j 1_1 C 1_11i! RY SYS,1,12111, BY JIL'A`
7
j,
ADVISOIRY BC'i-.111)
S P _ E SF1,1_ % FTVi P K E S E N I'AT T Vi_
hl A: ;_i:L
Or
Mayor Ferre: :Al i us is ; -I e ai-iiicail report of the Miami -
Dade Public Chairperson of the Mianii-Dade
Public Libriiry Adl,'' c). b(,,,;r,1 Mi,
Mrs. Juanita and Coi1ji-,i,,sionL!rS. 1 an. Mrs.
Juanita Johnson, nowly
of the Miami -Dade Public Library
Advisory Board. (In !,chalf of r., co) (-in the Board acid the citizens of
Miami. and Dade C()Ljn*,,,, it is Lliat I stand Lc --tore you to report the
tremendous gaios e
U I) i i , system. I iiia% served on the Library
Board for imri,; years, rt..;;dent and Cl:airj-.erson of the Board I
vigorously share and am C_);.._T11 to Lnr, concept of County wide Library sel-i-i-ice.
Progress for 1,otter st-iv—,e is -u the 198C)'i- Progress that will
ultimately make our tii bc.:-f -;,Ysj.cj:j of it's size, in the Country.
In the first year cf zlic 11brill-V t, h t
, �
t 'i pul)lic tht, 1..,ost Didp
Regional Homestead ;i,io1;eriia.11 Rrrrr,c`,t ScheJuled for late January is the -,iew
Miami Lakes, Palr: Spran. s ,nu the Coral Re�i Branch will be completed
next Spring. The new fs ,urrently under construction in Downtown
Miami. In addiiicn t,. V ! i) the Library Dv.:parttiient has initiated
major improve,.-re,..t_,,; t(. ;c..tcu in tne City of 1,or example, Dixie
Park. The 1,11)rLrN cc-,, lctc-1, * , refurbished, painted and repaired
the Dixie Park Branch 1_i1-!ary Jr,-wlth the City. In the development
of the beautiful GV)sCin !,!il, fL, L4'J1_iL_1g the plannin).,, stage.s the Library
Department was cold toot '111C' 4- could U*Jlj--e this 1j,_'W facility in it's
'Ll'altl�ierit has Pla"r—i and reated a series
programming efforts t):t L
of programs for the i-ining this faCiiity during the month
of February for 31;oCi, hi�,t(_L, Lil,rary has been renovated
with new shelving and ','ndei way in the Coconut Grove
Library is a new ruej, i!it 1--i j;ct_� Lc)p:plvted Lhe Library will be
repainted and carpetuo. The Fa.ir 1.awr, branch has received new shelving to
house more books and Traterials, EAison Center will receive new carpeting and
(11 0EC 17 1980
some new furniture. The Hispanic Branch as received new shelving to house
additional books and materials. Shenandoah has received a new ceiling and
lighting in the childrens area. Lemon City has been scheduled for a new roof
this year. The main Library has initiated a new computerized newspaper indexing
service. This service will allow us to index the Viami Herald, the Miami News,
Diario Las Americas and the Miami Timer, Newspapers. This service is the first
of its type .in Florida and for one of... and one of the few services in the
nation. Additionally, the Library Department has received sixty thousand nine
hundred twenty_ -seven dollars from the Florida State Library_ to serve the
disadvantaged. This is a pilot program solely in the five branches of Allapattah
Dixie Park, Fd ison, Lcmon City and Little River. The program has as it's objective
to identify and offer library services that impact and affect economically
disadvantaged communities in the inner city area. Many programs and library
activities are being planned to revitalize library usage. The Library Board has
submitted for your attention the names of airs. Marcie Ersoff, incumbent,
Duane Anderson, Attorney, Dr. Andres M. Candella, President, Mercy Hospital Staff
for appointment to the Board. Simply as a reminder the Library Board submits
three names to the Commission for selection to the Library Advisory Board. Your
selection has been forwarded to the County Commission for appointment. In order co
insure the continuity of the Board 1 respectfully request that this natter be
acted upon at your earliest possible convenience. As you know libraries are
_ exciting places serving as the informational arm of our community. As we pass
into the 1980's 1 see the library continuing to be a vital and integral part
of the ci-mmunity as I am sure you do too. Thank you, for allowing me to speak
to you this mornini;. 1 will gladly entertain any questions you might have.
Mayor Terre: Xadam Chairperson, at one time the City of Miami Commission--- as
I recall, Mr. ?•ianager-- had the ability to appoint three out of the nine members
of the Library Board. Iti that correct historically?
Mrs. Johnson: Yes.
Mayor Ferre: Alright, now at this point in our history do we appoint one or
_ do we appoint three?
Mrs. Johnson: You still appoint three, but there is only one who's term has
expired now.
Mr. Plummer: It's three years. One a year, I believe.
Mayor Ferre: Oh, I see, but we have the right to appoint three still? That has
not been altered?
Mrs. Johnson: That's correct.
Mr. Plummer: It's my understanding it's one a year as the vacancies occur.
Mayor Ferre: I would like to make a through you and to the Library Board perhaps
a little bit of a plea and I would like to... I don't want you to misunderstand
what I'm going to tell you. I just want you to take it in context. The City
of Miami has turned over many facilities to Metro. As a matter of fdCt, MQ o
wouldn't exist. if the City had not turned over the nospital Jackson A1C�ioratf, the
Airport, International Airport, the Seaport, those are all City properties...
Mr. Plummer: Water and Sewer.
Mayor Ferre: Water and Sewer. The great Water and Sewer System worth almost
a billion dollars was turned over by the people of Miami, the taxpayers of the
City without charging one cent. Now, the people of Dade County of which the
people of Miami are twenty-two percent took over the Eater and Sewer Board and
within one year were increasing our fees, our people's water fees and sewers
fees to pay for the expansion in Kendall and in West Miami. So the people of
Miami--- those- who have live... I have lived here for over twenty-five years,
twenty-seven years. People who have lived here for thirty years are what have
you have paid for the sewering of Miami. Now, we are paying for the sewering
of West Miami and South Dade County and all parts of this County where we don't
have any benefits. You see, in other words, what I think would have been fair
is for the people of Miami to pay for their sewering and the people of South
Dade County to pay for their sewers, but what in effect happened is we paid
for our sewers, put up a tremendous plant worth a billion dollars turned it
over to Dade County and then they in turn charged us for the expansion of the
system in the parts that don't affect this community and that's unfair. That's
just one exLmpie. I will give you a second example. The second example is
02,:. JJ
N
we passed something calec'. a "Decade of progIes:7, Bend issue" six hundred million
dollars. With the exc�-rtlnn of monies that went into the Fatrchild, Viscaya and
a few projects that are c'_)mmon to the whole corrinunity none of it went to the
people of Miami. Now, wht_n I sav that to my friends on the County Commission
they say "well, that's ridiciilou.-?, we ar,.- pui.t ing up an art museum in Downtown
Miami". Downtown rtiam:` is also l owl:town );, ie Coulity ::nu know. And I'm not
talking about Lhose th<,A ..re to III r,f u� li':r� ;3 museum. I'm
talking about the iin,)rovciner.ts :;i it patl•: ii, South Dade County, ok' That park
is great for the peop[<� wh,) live ii: t},, t r'::* t cf the. Cc)i_i,.t•:. The peopl�r of
Miami don't go to that ;';:Ik, Nnw, , !,,n" "i11?<l those pE--ple ,,tting that park,
but I think for the v., tiffll .,C: ,:'1. iiii-i that. the (.it„ of ,1ami has It
own Citv Government an, tl.vrefore 1�, r:,.t (rltiLlcd to Tiny ref thos(-- neighborhood
monies and neighbori:,)01IS "ire i�:}:,3 C�'l�'tl :1 J`J�'?" Dade Cnuilty, all over Dade County
and none of that ,10FI_V C011;,�;, into Miami when we the taxpayers of
Miami are paying twF nt t_},rat, i)er: ,,nl ot' that decade of prof,rc,ss six hundred
million dollars. 71l.lt' nnrair. . l+:t does that all Tr -'an to you? tell,
I heard in your I-eport th)4: :'l�'.1 �ii t ii��'� :p', the 1i13r11. Lekt ti ?.ibrary and how
you are going t;) `ui id ;i HLtle tibrary ;,c-rc :nd a commui:ity jibrary there. I
Just want to tel yOli :;r': _ic)ilnHUn a111(1 tt1rC,Ug11 VoU 1.(, :•our ;,bard that just because_
you are buildi l}, r: };1+: ,)c, n ,t: Lirr«r: d,:)e= not relieve you of the responsibility
in my opinion, of 1i,jvi;w iiei 0. lh r .o,:;1 avail.abl� to the people of
Allapattah, of the :ik,o1)1-1 U1. the l-therty City area Wiiich 1 Kn(-.-w you arc- very...
we are all concernc(,i :3i)ot inn of ol hoi i_ai is i)t this Ci tv . !lld I thi;'ik it is
not saf c to a suLil i iio � j nEt,, :-i i teen nlinu tc'6 tt' to thy, main
library from ;,ne „,10 r :),. t1U. CitV Qi ;�'i,�.;i, LhOle"ore, Lhose people' should go
to the main libra:-y anti bt, disenfranchised from a library system which is to
serve all, of the people. Sr., m,., messaue to you is very simple, but please
remember that a quaff t•_. (mot Dr_, -le County .liv(. within the boundaries
of the City of '"ar:,i, t; ac the .rain Dcwntawll library does not serve all of the
people of the C, t 'i;l1;.i i.' tlsat �,oc, tiave just as much an obligation to serve
those people in n,_ i!!'.,)orheods as "ov dc:. to s•,rve the people of North Miami
or of South Miaini or
Mrs. Johns,,n : I r_. r y "r : !;r . r_ : that you hearing my report that we are
refurbishing the inner c c% hr :ncht=5, sip. of them?
Mayor Ferrc: Six c,f Lhi, inrzk,r city. How r,any of those are within the boundaries
of the City cf ^`iar.,i: 13,=cause you know... because inner city means different
things to different tropic.
Mrs. Johnson: Alright, they are all within the City. Dixie Park, Litter River
Library, Fair Lawn Branch, Edison Center, Shenandoah, Lemon City and the Coconut
Grove.
Mayor Ferre: T1lat' s eery good an,! I air: very grateful for that information because
I think it's esse.ntial that we operate. Let ine leave you vith one last thought
on this. I think one of the tragedies that this cormlunit, is going to go through
is that in the ,past t•. nt:' ears ninety-five percent of the monies expended by
the Dade County Sc`loel 5:-itei includjf1t, t},(, sixt•; million dollars wt, F•ot from
Washington for Curran r,:�i-uf;e,s hciv- all for;e to building schools outside Lhe City
limits and as wL: t>, t :nt< t1,i c r:( rk iur(h and all this ai:,'. everyl,ody starts
to move back t,)•..,ari'.:3 the ci-Titer. I l,r; di: t to you ten y,lrs froru now we are
going to have a lot cf empty .clloo,'S •,;::y out there In the docks .and not
_ enought schools in the City and we have got to start reversing that. And I
think it's the sam(, tiling... we need t,- take that same attitude with regards to
all of our facilities including libraries. 'Thank you, very much. Alright,
any questions or...
Mr. Plummer: Well, Mr. Mayor, the only question is I think that we appoint one
of the three names that have been pr.oferred. Am I correct?
Mrs. Johnson: Yes.
Mr. Plummer: T would IJke to offer the name of Mr. Duane Anderson.
Mayor Ferre: Fell, how about Marcie Ersoff?
Mr. Plummer: I don't know Mrs. Ersoff.. I...
(BACKGROUND COMMF..NT OFF '11Ii:_ PUBLIC RECORD)
Mr. Plummer: I think we need to think about it a little bit more.
gl
03 DEC 17 11'%080
Mayor Ferre: Has Marcie Ersoff decided not to serve any longer?
Mrs. Johnson: No, she wishes to continue. That's why we put her name first,
Mayor Ferre: Ok. flow long has Marcie Ersoff been on the Library Board?
Mrs. Johnson: Approximately nine years.
Mayor Ferre: Is she the past Chairman?
Mrs. Johnson: Yes, she is.
Mayor Ferre: How long did she serve as Chairperson?
Mrs. Johnson: Three years, I think.
Mayor Ferre: Yes. I think... we wouldn't want to do that, would we?
Mr. Plummer: Would we?
Mayor Ferre: Now, as I heard you are recommending Marcie Ersoff? That's spelled
E-r-s-o-f-f?
Mr. Plummer: I second the motion.
Mayor Ferre: Alright, call the roll.
The following resolution was introduced by Commissioner Gibson, who
moved its adoption:
RESOLUTION NO. 80-883
A RESOLUTION DESIGNATING MARCIE ERSOFF AS THE
CITY OF MIAMI'S REPRESENTATIVE ON THE MIAMI-DADE
LIBRARY ADVISORY BOARD UNTIL SEPTEMBER 30, 1983.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk).
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote:
AYES: Mr. Plummer, Rev. Gibson and Mayor Ferre.
NOES: None.
ABSENT: Mr. Carollo and Vice -Mayor Lacasa.
(('.O:,L'�?I SSI u':ER LACASA ENTERED THE MEETING AT 9: 30 A.M. )
2. D1SC';SSION: COUNTY BOND ISSUE.
Mr. Plummer: Mr. 'Mayor, let me.., if 1 may and I'm sorry... not sorry that she
left, but along, the same line Mr. Mayor, I think this Commission--- Mr. Manager,
I would like for you to hear this--- may be could be rightfully accused of
derelict of our duties. May be that's a little too strong, but you recall Mr.
Mayor, back when the County floated the three hundred million dollar Decade of
Progress Bonds. I don't think the City actually pen pointed on the County
Commission of those dollars how many would come back to the City, ok? Now, when
the Lund issue finally passed and the people of this city were asked and required
to pay twenty-seven percent and the question was finally asked of Metropolitan
Dade, what are our City people in fact, getting back for their dollar? We found
such vital City things as Vizcaya, the redoing of Dade County Auditorium and
improvements on I?ickenbacker Causeway. Mr. Mayor, what I would like to suggest
that you the Mayor, as a committee of one entertain with the County because
they are now proposing a seven hundred fifty million dollar bond issue for the
1980's as they are referring to it to get assurances for the City's support of
that bond issue, that we, the City get twenty-seven percent of improvement,
community improvements in our city. And with short of that, that the City would
consider non-support.. So, I would hope you, Mr. Mayor, would serve as a committee
DEC 171980
of one to assure this City that if in fact the County goes with '-hat seven hundred
fifty million bond *hat the City would in fact get back its fair share of twenty-
seven percent for community improvements within the boundaries of the City of
Miami. So I leave that faith ye,., and I hope that you will do that.
Mayor Ferre: We] l , 7,oii knnw th it vut1 and I and Father Gihson have shared that
for well over a decade ii1'} I'm ..urc t}la', Corr,,IeF7,innur T,,—caSf1 joins us
Mr. Plummer: Well., l would hope the Administration, Mr. Fosmoen, would send a letter
to Dade County in7,tructinF, them that one member of this Cc,;=Ission hopefully, the
Mayor, would he sittii:;; on that Cnmmitree formulating what is going into that
seven hundred fifty million dollar bond issue to assure City's participation of
not only paying, but receiving.
Mr. Fosmoen: Ok.
Mr. Plummer: You will send me a copy of that letter?
Mr. Fosmoen: Yes, sir.
Mr. Plummer: Thank you.
3. DISCI'�S-iON OF POLICY VATRTTS?tiG FIRMS.
Mayor Ferri: Ai?'ii:ht, t' Try' (11l Ii ;j13, Police FidvLitising fir;,i.i.
Mr. Fosmoen: TI'i) u a ., resu11. i)f the CGmtniSSi011 action at
your 12St meC'Linr l.'llt:rt:' `,u instru ''' ul', to go out and sol ici t bids from a
variety of firms. r,, is i Irc(? tr make a presentation to you and give you
— the staff s rec-,imend.,t.iri,. Hard"?
(BACKGROL7vl) CO?f•1ENTS GIT TNF. Pt'i,LIC Rf'CORIP)
Mr. Plummer: I•lr. Mayti, this i, for discussion purposes. It is my understanding
that the same firm that was chosen before has been chosen again. Is that correct?
Mr. Fosmoen: That's our recommendation to you. Yes, sir.
Mr. Plummer: And thy: co:>t involved?
Mr. Fosmoen: It's -,even thcusand dollars for consultant services, sixty. -five...
Mayor Ferre: I have f;oL a call from the Secretary of Commerce I have got to take,
but before that thi.nt rin+,Is I want to just fret it on the record and tell all of
you what you are about t(-) do in my c.pinion, if you approve this is urrong. We
ought to go back to the old system and explain how we get the fifty percent off
of the advertising and therefore, we don't have to pay their fee.
Mr. Fosmoen: During the last r:eetting thL' Commission instructed us to go back
and seek a consultant list.
Mr. Plummer: Excuse mc., isn't it my understanding that the fifteen percent
rebate on the advert}sinE, is fig.ired into this?
Mr. Fosmoen: No, Sir, !,u,•ause .you asked us... directed us to go back and
approach it from a different The Cu:mnission instructed us... The first time
we went out,we ,.,uhht propt)st,Is for a public relations firm who would be
responsible for pla,.,in?, adv,:rtisemvnts. They as a public relations firm
get a fifteen percent reduction in the cost of the ad. Tliat's standard throughout
the industry. kc• recu:mnended a fine to you and it was really a joint venture
between a minoriLV hl;,11: fires _rid a tilinority Latin firm. This tune we went out
- and sought proposals for cc,r.sultant service, and the Commission directed us to
do our own advertlsemejit. j)lacinG. We artf not. eliL'Jblr• for that fifteen percent
reduction in advertisin:. "I'I,e Cif} i!, nut. Una tale fee this time would be
seven thousand dollars to a single firm for consulting services and sixty-five
hundred dollars for preparation costs for the advertising materials. My
recommendation to you is that we go with the original contract where the firm
would be responsible for placing the advertising and the fifteen percent would
come back to them which would pay for their fee.
Mr. Plummer: I have no problem. Let me tell you where the problem is Mr. Fosmoen.
Nobody told me before that the City couldn't qualify for the fifteen percent.
Mr. Gary: It's similar to interior decorators. Interior decorators can go on
Fashion Row and they can F;et the discount as a professional in the business. You
and I as private citIZUTIS cannot go and get those same discounts. The same
applies to public advertising firms. We cannot get the same benefits they would
get from the media that they can Fret, which is, you know fifteen percent.
Mr. Plummer: Well, I want. to tell_ you something. That's price fixing. And that
doesn't... you know, we can't fight the world on this one little issue. But if
they are selling it choaper to someone else than they will sell it to us. That's
wrong.
Mr. Gary: That's the same as the store. You know, he goes and buy...
Mr. Fosmoen: The wholesale, retail operation.
Mr. Plummer: Well, why doesn't our Publicity Department establish themselves as
a PR firm?
Mr. Fosmoen: Well, Com,..,issioner, you know, we may want to try and do that over time,
ok?
Mr. Plummer: Well, I want to go back to the old original proposal.
Mr. Fosmoen: You want to go back to the original?
Mr. Plummer: Hey, 1 only threw it out simply because I thought the City could
recoup that fifteen. Now, you are telling me the City can't. I have got to go
back to the original.
Mr. Fosmoen: Alright.
Mr. Plummer: I will move the original contract.
Mr. Lacasa: Second.
Mayor Ferre: How are you going to do it now?
Mr. Plummer: We are going back to the original contract.
Rev. Gibson: Go to the original.
Mayor Ferre: That's much better.
Mr. Plummer: I have to.
Mayor Ferre: Alright, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 80-884
A RESOLUTION AUTHORIZING AND DIRECTING THE
CITY MANAGER TO ENTER INTO AGREEMENT WITH
GRAPHICS AND PHOTOGRAPHY, INC (D/B/A GRAPHIC
PRODUCTIONS/DESIGN, INC.) IN SUBSTANTIALLY
_ THE FORM ATTACHED HERETO, FOR THE PURPOSE
OF PROVIDING PROFESSIONAL. ADVERTISING SER-
VICES TO RECRUIT APPLICANTS FOR THE POSITION
OF POLICE OFFICER AT A COST NOT TO EXCEED
ONE HUNDRED THOUSAND DOLLARS ($100,000.00)
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk).
0 DEC 171 CO
14
0
Upon being seconded by Commissioner Lacasa, the resolution was
passed and adopted by the following vote:
AYES: Mr. Plummer, Rev. Gibson, Vice -Mayor Lacasa and Mayor Ferre Ferre.
NOES: None.
ABSENT: Mr. Carollo.
4. REPORT ON PUBLIC SERVICE Al1)i:S/C()11,C1LNITY SERVICE ATDES.
Mr. Plummer: Alright, let's with "C".
Rev. Gibson: Alright, g(, ahe_id Mr. Manager, let's hear it.
Mr. Fosmoen: You want to go on "C"?
Rev. Gibson: Yes, go on with "C", hk- said.
Mr. Fosmoen: Alri;;lit . ti)e budget discussions and in response to the
community's need for additional police service the Conunission indicated a
desire to expand the Iiihlic safety aide program. We have worked in the Administration,
including the Polit., I7epar:r,,-nt have worked with the CETA Consortium in establishing
two position. )n�_, a c�r,;un e� selvici- aide which will he an entry level training
position and r.econuiy put:]_,_ ict ;:ides. It's our rc-comr_endatirn to .•ou
that we fund aides out of CETA dcl Lars and initially
fund thirty public safuty didus out �;i general fund dollars.
Mr. Plummer: t1r. �i: :;r,ti;r {c:_ :K IC;,t ramble for about t,wo min»tes and then
I will make a mt:Ion if !'c,: in order Y:ni know, .,nc of thu biggest problems
we are having rig;Iht nc..a in tir.;,n,atic i,rohlci:; Is trying to recruit for the Police
Department in this twc.-I've month period some two hundred silty new people and it
is tremendous problem, so such so that we are having to spend a hundred thousand
dollars to adyertase ht (au5e t.c are ;r, Fcict, in a r�altr, in competition with Metroaolitati
Dade County who is Iir:ewise tryirTn to do the same think. It is my understanding
that this program or CSA's which are people who are coming; immediately out of
high school, some in .)anuary, that they would be appealed to, to join this program
of CSA's in which 0: e,, would iumwdiatel-y ;be put to work in the Police Department.
Once they have reached the age of eighteen they in fact, could be transferred
and become PSA's which are public service aides. At the age of twenty and a half
they would be immediately eligible to be placed into the academy to become
police officers. 1 think that this affords us a tremendous opportunity and for
the like of better terminology I think where I had indicated before the PSA
program was basically a bull pen of mrri waiting to go. This now gives us a
double bull pen. The CSA's can be totally one hundred percent salaries funded
by CETA. The PSA's will cost us City dollars which, we are paying at the present
time. Mr. Vice -Mayor, the Administration, the Commission and the Police Department
itself have indicated a desire to do mare. civilianization of the Department. I
think this will be a e:;cellciit opportunity to start into that area of freeing
up the Police Department for streets and putting these young people to do the
report writing and things of that nature. I would like to make a motion at this
time. My motion would be to instruct the Administration to go with one hundred
CSA positions. Second portion, that of the monies allocated by this Commission
at budget time that we go with fifty PSA's in the program to be started and
implemented immediately.
Mayor Ferre: Wait a minute, a hundred CSA's and how many PSA's?
Mr. Plummer: Fifty, Mr. Mayor.
Mayor Ferre: Well., that's... Is that in agreement with the memo?
Mr. Plummer: We are just a little off in numbers.
►'7
DEC 171980
4
lJ
Mr. Fosmoen: We had originally recommended seventy-five CSA'a and ultimately
having a cadre of fifty PSA's. I think that Commissioner Plummer is
suggesting is that we allocate the funds now.
Mr. Plummer: Ara especially, Mr. Mayor, that the CSA program is totally
CETA.
Mayor Ferre: Alright, :is there a second?
Mr. Lacasa: Second.
Mayor Ferre: Now, is there further discussion? If not, call the roll, please.
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION NO. 80-885
A MOTION DIRECTING VIE CITY MANAGER TO ESTABLISH ONE
HUNDRED (100) NEW CSA (CO'13ML'NITY SERVICE AIDE) POSITIONS
WITHIN THE CITY OF MIkMT POLICE DEPARTMENT, AND FURTHER
DECLARING 'THAT FROM MONIES ALLOCATED IN THE CURRENT
BIT)GE , `IHA'I FIFTY (50) NEW PSA (PUBLIC SERVICE AIDE)
POSITIONS ARE TO BE !PTLEMENTED WITHIN THE POLICE DEPARTMENT
_ IMMEDIATELY.
Upon being se(-ojj.;e.! by Commissioner Lacasa, the motion was passed
and adopted by the following vote:
AYES: *Mr. Carollo, Mr. Plummer, Rev. Gibson, Vice -Mayor Lacasa and Mayor Ferre.
NOES: None.
ABSENT: 'Mr. Corolla. *(Mr. Carollo was in fact absent during the roll call,
but asked that he be shown as voting "yes").
*(11R. CAROLLO ENTERED THE MEETING AT 9:40 A. M.)
FURTHER DISCUSSION:
Mayor Ferre: Is tl,,ere anything else on Item "C".
Mr. Plummer: Mr. Mayor, in relation to Item "C". Mr. Fosmoen, in your
phone call the other day from the Administration, isn't it in order that the
City approve.., the Commission approve the money for the State Troopers? Or
is that nect, sary
Mr. Fosmoen: No, -it's not necessary at this point. My impression is that the
Cabinet has given approval to thirty day assignments and with no local charges
at this point. „l.i};ht., now, Mr. Mayor, the point I want to make.
Mr. Plumi!ier: Alright, now, Mr. Mayor, the point I want to make. Mr. Fosmoen,
this is a thirty day trial 17asis by the Cabinet. 1 want to propose two things.
I want to proposo even if it's me, that a member of this Commission and a
member of the Police Department go to Tallahassee within the next ten days
to visit with each crec.bCr of that Cabinet to try and to convince them that
this thirty days =huuld 1%e what originally spoke of, of six months, ok? If
tic- Cabinet ':,as a McULing next week I would like to be there for it. Whatever
it is, alright. Second, of all, I think it's going to go a long way in
}yelping this conviunity to get them here for six months. If the urgent plea
that put out b,- the. Cabinet, at least this City helps to comply. These
men are going to 1L• put here on a forty dollar per diem, per day. There is
no where that I. know of in this community that those men can live for forty
dollar, a day if they }iuve to provide their own room and board. Mr. Fosmoen,
I would }pope by thu, er,d of this afternoon that the Administration can come
up with Some kind of a plan where this Commission could be assisting and
approve dollars, if rnc-cessary, to get these people room and board. So that
if I am the one choc:en by this Commission with a member of the Police Department
who goes up there and says to the Cabinet "we want you to know, we appreciate
this. So much so that we are doing this to provide the room and board which
you spoke about". And hopefully, we can convince them to keep that here on
a six month Lsri.
03 0EC 1 7 1980
t
If
Mayor Ferre: Any oilier statements or discussion?
Mr. Fosmoen: One re,,ron=;e pevi-taps. I think if we are in a negotiating
posture with the Cal,ii,et Jlndc,-^taiidinl; that we would have to come back and
get Commission roncllrrc,nc•c-, G:P may be in a better position. And I say that
because it's my utn<( ,:;t; dins t'lat thc_re is currently s:Dme inequity in the
numbers of State •t'roc'tic'r�' i}iat %i1" cjs5lSriC,d on a pet pcqpill,,tion basis, per
thousand popul"t)("I h.,l c.I. `;t,r+!; 1,, ,'.; and :,-.uth F,(�rida and I would much
rather l;o up anti Oel';lt c 0•12 i i th t 1,,or,.,-'ather t.hi-il) y.o up with them
already knowing rhc nu,.hcr n; OeliarE� they have access to.
Mr. Plumper: ltic _ 1, all I'm say .iuj is the Cabinet ir, givi.nK the approval made
an urgent plea to third• -three men for t1 o C:it , in rooms and
board. Ancl I dr�n't. t:t Ili< till,,i t'' can to any less, Now, I'm riot saying that
we should Fo out and t iI . -,,ver a ok'' Or take o•:cr a re!.caurant, but
I think it ti.c
i,conl e ()t th i>; cor;.,,uutt.-,, who have... _,;cu kno,,a, it's now time
to be counted. it tlli. help 1_,%, in
a couple of •Tro )p ;.; for the thirty or, F,_xty or whatever days we are fortunate
enough to ha%c tiler. I wait the Administration to come hack this afternoon
and give us some inf rrn.dt.ikm on 11Ow we can assist in that program to tell them
we appreciate it.
Mr. Fosmoen: 01..
Mayor Ferre: Alrig`Z. anythin_o else on Item "C"
5. DISCUSS or N oi' r ; l: ' 5-:i 1:°:i 5 Y111KING FY N-81.
Mayor Ferre: cefurC �,c� to Item "ll" there arc-., a lot (,f pa;•ent;; with little
babies here• on Tt,:r.; " ; iCi it',11S Wirh the Day Care Genitors and thc.y need to
get back to work and have their cliiidrens go back home. So, let's take up
Item "G" sn these -: it t Ie kids caI1 get. Gut of herE.,. Mr. Manager, we now on
Item "G".
_ Mr. Fosmoen: `Ir. 1'laVi)i' lliCl site CC1I(IIiilSSliin, dlJl11;g Ol1I' .)ll bet
discussions and im.me::iately after aj►),,tia>, the FY 80--::1 tudgc•t the Commission
instructed us to looking, a: t,•: vs that we could n,,v revenue,
save dollars through t}:c• year, so that when we hit Octcbc,r 1981 and as we
begin to prepare >tsr ; l d�;t.t for c.1-82 we would recognize increasing costs.
We would increz-,;.,_c co-;t for police service in the community
and would be tict(ibk-r so tnat we weren't fa c-d with Inassive lay-offs.
We havF dcnr :,r. ;1:;:,1' of tl e Fy �' hwi,:,,'t projections. The tiomJnission
instructed us to lc•ok .It. a seven and a ten percent cut across the board by
- implementing...
Mayor Ferre: Ycu want to pass me an extra copy of that, because the one you
gave me yesterday, 1 have misplaced. Is this the same thing we talked about
at the workshop.'
Mr. Fosmoen: Yes, it is. by inpl�jmc,nting a series of savings, budget
_ reductions and adjusting the way that we provide certain services, we
estimate that wc.• can save approxir:;atel.y One million twc lnun:ired thousand
dollars during; this fiscal year. If those_ same savings programs are carried
out through FY 81--82 we can save- an additional several n.i llion dollars. We
can in Iact meet Olu }a,) tldt VC a-I't yrojecting bastd cn a set of assumptions
of four million that some of the mcliil)ers in the audience
are here with partic•llar rt_fervr,-e- to a recoilrrlendation that I made to you,
that we contract cut ou: ciao cJrt: services. And it wk,uid generate some
hundred eighty thOusz:,nJ unllal taving,s to the City ii we contracted out
day care servicE.S. 1,e can ach'eve ludget reductions in Cuumiunity Development,
Computers and Comn,unic•atio::s, Planning, Management and Budget, Leisure Services,
Perks and Solid haste. My recormiendation t, you was that we increase our
fees at Dinner Key er.d Mianldrina whiCh Would generate over a million dollars.
That the Marius: Sr.adiu::: be put gut for pri%,te aiana�,,L:ILtnt. l,ith the items that
0 E C 17198Q
F1
f
have been recommended so far we would be looking at approximately a seventy
thousand dollar short fill entering Fy 81-82 budget year which I believe we
can easily make up. So we are seeking your direction in implementing immediately
those savings that I have recommended in changing the operation of some of our
facilities such as Day Care. And we are seeking a lifting of the hiring freeze
which the Commission imposed and we iwnuld begin a series o. discussions with
the community on those methods that we _intend to employ to save money through
the year.
Mayor Ferre: Alric211t, we are going to hear from members of the public even
though this is not a public hearing. We have goL-... Anne is here and I'm sure
others are Day Care Centers. And then after that I would assume that you would
need a motion of intent from this Commisson. Alright., Ms. Wilson?
Mr. Plummer: Wel.l.... Mr. Mayor, may I ask a quick question?
Mayor Ferre: Sure.
Mr. Plummer: You know, I am always surprised that people throw fuel on a
fire that doesn't exist. First of all, we are only discussing the realm of
exploration of finding ways to save money. Mr. Fosmoen, my iimnediate comment
to you is, what that is in fact. if we did go to the contractual basis of
_ Day_ Care Center that you speak of, what difference does it mean to the people
if we did? And ?t'-, not been decided yet.
Mr. Fosmoen: l wolild two things would happen Commissioner. It would
be my recommendation that we peni,it an agency to use our facility in providing...
our facilities in providing day care.
Mr. Plurmiev: Rig-ht.
Mr. Fosmoen: Th,_ end result would in all likelihood be a fewer number of
teacher: pei' student or students per teacher ratio. We currently have one
teacher for every, I think it's six and the State law requires one per ten.
And I would expect ii we contracted out the contract it would provide one
for ten.
Mr. Plummer: How does that in relation to the private ones exist?
Mr. Fosmoen: My impression is most private ones have one for ten. Ok, so
we provide current]), a higher level of service than private Day Care Centers
do.
Mr. Plummer: Ok.
Mr. Fosmoeti: Secondly, there may be and 1 don't know this, but there may be
some increase in cost to the users of the service, but we don't know that
until we get Into a position of seeking contract proposals. So I think
those will be the two major impacts.
Mr. Plummer: Ok, thank you.
Mr. Fosmoen: But again, as you point out this is for discussion purposes
and you are directing us to...
Mr. Plummer: Explore.
Mr. Fosmoen: ... explore. To see what we can turn up.
Mr. Plummer: And 1 want it fully on the record that the reason for the
exploration is in fact, that there is a good possibility without revenue
sharing dollars coming down the pike that what in fact we are trying to do
is to save the program that could be eliminated if we don't find the dollars.
Mr. Fosmoen: 'Yes.
Mr. Plummer: 'That's go to be made clear.
Ms. Aisne Wilson: My name is Anne Wilson, 3710 Battersea Road, Miami. I'm
here today because I know that it's only the discussion period. However,
I did serve on a Connnittee with the County four years ago where we tried to
do the same thing with tl,e County services and after gutting bids we found
the best bid for taking; over the County services was interestingly enough the
City of Miami. And the only reason they didn't take that bid was because the
City of Miami wanted a five year contract and the County only wanted a contract
for two years. So in esser..r, they found that the most economical way to keep
the services at a level. that was hood for children and good for the parent was
if they were goinli; t dry it ti;rn It ov;�r to the City of Miami, which of course,
I think they would to death before they did i t . So it died of
_mourning. Nothing; h ;, ;;en ,l . III,-, County sti.l.l runs their facilities. I
would Say to Vt�U that. of ter t h,- stud': we dicl in that COMMA tLee that we found
that it was virtual.] � ii;il,ossible t:_) allow t;le services to go to the people
who need them and I !:ay to you iu Lhe :;ity of Miami we have a situation of
many people of lower income groups. There is no way that private enterprise
can make this work in the lower income areas where we have these Day Care Centers.
Mayor Ferre: Anne, I will Lull you, you and I have had this discussion and
I see that Rose, is hack there, but let me tell you, let ripe tell you the sad
history or in s;ime peopit- mind the happy history of what's going on in this
Country. Yc,tt�rrd,-, ... the day ?-,eferr, yesterday nine Republican in the United
States Senate 1<(' h cs: it 1 ceIT-,s. fili!,ustered again st the transportation
portion of Ow Appr�-gyp; iaLi,m gill and as the consc•quenc_e of that the leadership
of the Senate d,;3cl Lv pull that and in effect, they killed Miami's chances of
getting rapi;l trriiisit pansi.ou and including the people mover. At least
until the next and 1 frankl, doubt very much with a Republican
controlled Senate LhaL Ji's:;it liulrns is going to be any softer next year than
he was this year. S,, we arc in troul-le now In the people mover in this
community. Seconc'ly, 1 would l.:l.f to remind you of pate 2B of the Miami Herald
today at the brtLt,m where it ";lys the transportation system /or senior citizens
is now discentimie, '! f..•lirW., the pattc_rn of A;etro,,oljtrin Dade County's
_ and Rose itfor .7:e. ] think t`.iat's a terrible thing
that they've... Duct i;ounty Ila- di -continued acnior citizens transportation.
It's a sad day. ,'c a k,iow, c f cour!:e, th-it Dade County stopped all their Day
Care operations as 1 unicr;,tnr;d it.
Ms. Wilson: N0, theV 'i n't. :ne,, still run Jackson Dade. They still run...
well, they .;u6t t-eJc} rczrc,c the 1-4rth day of their first anniversity of South
Miami Child Care Center.
Mayor Ferre: Kalil• County cut out all their... .
Ms. Wilson: Absolutely not. I served on the Dade County Committee. I know
that for a fact.
Mayor Ferre: Qk, I stand corrected.
Mr. Plummer: Well, I was told that they were.
Ms. Wilson: No, absolutely not. Jackson Dade is still operating eighteen
hours a day.
Mayor Ferre: Anne, I stand corrected.
Ms. Wilson: They are going to build some more as a matter of fact.
Mayor Ferre: Anne, I Stand corrected.
Mr. Plummer: Well, who gave us that information?
Mayor Ferre: Now, there are... there is no question that we are headed for
a crunch because of the new policy_ that is going to be prevalent in Washington
to cut out such thinj,s as some of These social services and some of these
revenue sharing; and otl.cr type of projects. Now, I hope I'm wrong, but from
the looks of what heppk.pied in the Senate the last two days, I don't think I'm
going to be wrong. Ant' thervforc ; I thine•: W just have to understand that the
law of the land now and the feu2 in: Of this Country is that we go in for
economies in }l,overru.sA=r:t am that �.0 rt•ally start savirlf; wherever we can save.
Now, if somebody in thy- frivatEsection can do something for two thousand
dollars a child '.:hjc}t cc.,st t,_ throe thousand dollars a child, we are serving
a hundred fifty-ni.n, children in Miami, we should be serving two thousand
children. I just.., r;ly then: a Rest,, wVll knows because she heard me
say it time and time again, I'm not agLinst Day Care Centers. I think we
should keep thrrn ever, if the County does shut theirs down, I would never vote
DEC 17 M11
Ed
11
4
for a shut down of Day Care Centers. But I do thing that if St. Stephens
Plummer so often said can take care of his kid for two thousand dollars or
whatever, then certainly we ought to get the public sector to be as efficient.
Ms. Wilson: Mr. Mayor, let me respectfully say that Saint Stevens doesn't
take the child at 7 o'clock in the morning and feed them breakfast, because
many of these children's parents have to go to work very, very early in the
morning.
Mayor Ferre: That's hardly worth two thousand dollars.
Mr. Plummer; It's not the point. The point is you are not arguing apples to
apples. Now, the point is at Saint Stevens they don't get federal subsidy
because they don't apply for it because they don't need it. Federal subsidy
for the feed program. Right now we are getting a tremendous amount of federal
sudsidy in our program, ok' And if Saint Stevens was private and they want
to go to tl;:-at: :)rogram, they would be eligible to apply. They don't. Now,
as you know my contention has been very simple all the way along. Thank God,
I can afford to ,end my child to a private school. I keep telling Father
that I'm the only Catholic boy that sends his children to Episcopal School,
but the point that I'm trying to make is I pay twenty-five hundred dollars
fur that, where uui, pr,)t;ram, the City's program is costing thirty-two hundred
dollar:, per student. 'ow, surely if St. Stephens can do it for seven hundred
dollars less, sonevlriere cilong the line the City is not as efficient in providing
because no one will tell me that St.Stephens docns't provide the highest and
fina5t leer- ratio of students anywhere I have ever heard of and that was the
selling point of my scnling my kids there.
Ms. 1,41lson: Volt, i. I., i wouldn't disagree with that, except we have a
different situation I%e are 'Keeping childred from 7 to 6. We are keeping them
during the holisaya wl cr; your children are at home. I r,ean, they have... these
parent:, work di.iiInc th, holidays;. The-, go all Summer long. It's a different
irogr;ts;. 1..: r;;r't Stcphens to this program, altnougn they are
both food program, .
'ir. Pl,trn:.er: Arinc, 11--ok, let me say this to you. I think you better come to
a realization that this Commission is ha-,,ing to collie to. If this plan which
the AO..minist.ratior proposing is not the best plan, you better find one. You
the pecpic of that pro,, rar,, ;getter find one, becal,.se I think that what we are
trying to do is to save so it is not completely eliminated. Now, federal
revenue sh;arin�, f•Snd:_, I hate to predict what's going to happen. And what I'm
looking 3t is if tie won't find a way of saving we are going to lose completely.
So if this prograr.; that the Administration has proferred is not acceptable,
then it behooves you, you the people of concern to find a program to find a way
to sav(- m:'ney. Because I want to tell you something. There is a lot of good
programs that are in jeopardy. Like the dial -a -ride yesterday for the senior
citi.ens. Dade County had to realize that something has got to give and as
that Twenty-onc percc-nt goes to twenty-two to twenty-three it's going to be
more in j(..)pardy everyday. Now, I don't want the program eliminated. I have
had problems a5 yc,t. know. But what I'm saying to you is let's try and save it
so we don't lose it completely because that's where we are at.
Mayor Ferre: Alright, Coum,issioner Lacasa?
Mr. Lacasa: Let pie see if I can refresh my memory. Last year when you were
here and we went thrc:ugh this we di.d agree that we were going to have this
or, the general fund of the City so we won't have to go through all of these
exercises year after year and that was what was done. Now, the question is
the amount of funding. The question is not whether or not we are going to
continue witl: the program, at least, that is my understanding. We are going
to continue with the. program. The question is to what level of funding. Is
that correct?
Mayor Ferre: We are trying to find a way to save money.
Mr. Lacasa: Ok, 1-ut nct,� saving of the monies at what expense. Because if
last year these people needed X number of dollars to serve these people and
this year on account of inflation their cost must have gone up as anybody
else has, if we are going to cut on the funding what will be the impact that
you anticipate as far as the number of children to be served?
rb
0
Ms. Wilson: May I make a suggestion? Perhaps the thing to do would be to
set up a Committee with one of the Commissioners, somebody from Budget, somebody
from the City of Miami Day Care Committee, an interested citizen or two such
as myself and may be Dr.David from the University of Miami and let us sit down
and review the program and see what the possibilities are instead of just out
hand, you know...
Mayor Ferre: Alright, Anne, in the interest of time, in the interest of time,
if it's agreeable with the rest of the Commission, I will so designate a Committee
and I will appoint you and Armando Lacasa and somebody from the Department of
Budget. Mr. Manager, if you would appoint somebody to serve on that Committee.
And I would like to get one of the parents. So we would like to... So you
select somebody from the parent's group along with Anne Wilson. I don't want
any of the staff. I don't want any of the staff. I want, may be a parent.
I don't want any staff people because obviously, staff members are self-serving
and they are trying to save their jobs. And I'm...
Ms. Wilson: I understand.
Mr. Plummer: Mr. Mayor, I would hope that the same instructions, Mr. Lacasa,
since you will be on that Committee, will go to that Committee as it has to
the total Administration of cutting ten percent. That's what we are looking at
all the way across the board.
Ms. Wilson: Alright.
Mayor Ferre: And then come back and report back to us to see how... what the
next steps are.
Ms. Wilson: Alright, thank you.
Mayor Ferre: Yes, I think... How long would you think it would take?
Mr. Plummer: Thirty days.
Pis. Wilson: Now, now, J. L., we are in the holiday season. Give us until
the end of January. How is that?
Mr. Plummer: Ok, fine.
Ms. Wilson: Come back the first meeting in February?
(BACKGROUND COMMENTS OFF THE PUBLIC RECORD)
Rev. Gibson: But remember, if what you say is what is that does not give you
thirty days. Do what you ought to do is come back to us in the meeting in
February.
Mayor Ferre: Yes, that's what she is saying. That's what she is saying.
Ms. Wilson: That's what I'm saying, the first meeting in February.
Rev. Gibson: I thought she said January.
Mayor Ferre: No, no, she said until the end of January, therefore, the first
meeting of February.
Rev. Gibson: Oh, alright, I'm sorry.
Mr. Plummer: February l2th.
Rev. Gibson: I'm sorry. Beautiful.
Ms. Wilson: As soon as Mr. Fosmoen, gives us somebody from Budget, then we
are ready to... we will be glad to meet. I'm sure we can get...
Mayor Ferre: Yes. Well, I would like the Administration to choose one of the
parents, you know, in conjunction with you, Anne, ok?
Ms. Wilson: Alright, fine.
Mayor Ferre: Alright, so then, therefore,...
13
DEC 171980
4
0
Ms. Wilson: Then I will be waiting to hear from Mr. Fosmoen's Office and
Mr. Lacasa. Thank you.
Mayor Ferre: Alright, very good. Thank you. Is there anything else on Item
"G" that needs to be discussed at this time. If not, is there a motion?
Mr. Plurruner: Weil., wait a minute. Mr. Mayor, I don't think that there really
is a motion, is there?
Mayor Ferre: Yes, yua need a motion for direction for the... I don't... I think
it's wrong for Cie Ad:riinistration to be pursuing this any further unless that's
the general con::en_us of this Corr:mission. I mean, we are not finalizing anything
at this point, '�ut I think you have got to instruct the Administration to
pursue this farther.
c l-, my only problem Mr. Mayor, it doesn't go far enough
But I will l,f_ } i;;<i to acquiesce today to those things that have been proposed
of mot.ior. intt-nt tc. tell the Administration to continue on these particular
areas, but I t:ant it fully understood that the Administration continue to
find other arc -as of rutting back.
Mr. Fosn;oen: we view this as...
Mavor Ferri•: Excuse me., Mr. Manager, that is a motion, is there a second?
Mr. Lacasa: Suc nd.
Mayor Ferre; Alright, under discussion. Mr. Fosmoen?
Mr. Fosmoen: Sirul;l� , ;is a corm cnt to the Commission that we view this as
an ongoing proce;;; rr,:.: t.-hat as we have to adjust other revenues or expenditures,
you kn(-,w, we will It.), ccntinuing this process throughout the year.
:ir. Plu�.aner: :+_?'., u':,, 2s Long as the Administration remembers that my
bottom. live on l,ter..i cr 31st is cuts of present budget by ten percent. That's
what I'r, :,i?. r ti:, for. Now, 1 don't know that we will make it, but that's
what I'm going tn be shooting for and there is going to be a lot of justifying
if we don't.
Mayor Fezre: Alright, further discussion? If not, call the roll, please.
The following motion was introduced by Commissioner Plummer, who
moved its adoption.
MOTION NO. 80-886
A. MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
CONTINUE TO E}O'LORE AREAS OF POSSIBLE CUT BACK OF CITY-WIDE
EXPENDITURES, AS MORE FULLY DESCRIBED IN MEMORANDUMS SUBMITTED
TO THY CITY COMMISSION ON THIS DATE.
Upon being; seconded by Commissioner Lacasa, the motion was passed
and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
14 DEC 171980
6. DISCUSSION OF FINAI, RFQUF.ST FOR PROPOSALS FOR CABLE TV.
Mayor Ferre: We aie now on Item PD, which is cable T.V. `tr. '•tanager?
Mr. Fosmoen: Mr. Mayor, in the memorandum to you we have outlined all of those
Items which we have changed in both the R.F.P. and the Cable Licensing Ordinance.
I believe that we have met all of the requirements as laid out by the Commission.
I would like to point out one change that we have made and that is the requirement
for an advanve payment of five hundred thousand dollars per year from the companies
upon issuance of the license rather than waiting three years until they have
all the cable strung we will be collecting five hundred thousand dollars a year
as an advance payment which would be deducted from future payments. And I think
that, that's... we did not include that by the way, in our budget projections,
but that's an additional source of revenue that we can look forward to in 1981-82.
Mayor Ferre: Very good.
Mr. Fosmoen: We listened very careful to the tape from the last Commission
Meeting and I think this reflects all of the changes that the Commission wished
to make.
Mr. Plummer: Well,...
Mayor Ferre: Questions? Mr. Plummer?
Mr. Plummer: Yes, sir. Mr. Mayor, needless to say, I have not reviewed the
entire book. I have tried to do as much as possible and I do have some questions.
Is that what you want is questions?
Mr. Fosmoen: Questions, comments, criticisms?
Mr. Plummer: And where is our high priced employee? Not Clark Merrill, the
other one.
Mr. Fosmoen: Commissioner, he was under a personal services contract. As you
know, I have a limitation on how much money I can spend under the personal
services contract and that... giving the time that it's taken us to generate
the ordinance in the R.F.P. that limitation has been met. So he is not here
today.
Mr. Plummer: Well, I find that unfortunate, but...
Mr. Fosmoen: Well, he can be communicated with by telephone and I think we
can respond to your questions.
Mr. Plummer; Alright, hopefully, Clark can answer the questions. Mr. Merrill?
Do you want me to speak directly to Mr. Merrill or through you? However, you
want to do it.
Mr. Fosmoen: Sure, that's fine.
Mr. Plummer: The first question I have is the wording on Page 1. It says
"The successful applicant will be required to pay the City up to a hundred
thousand dollars in addition to the filing fee". Now, what is that? It was
my understanding that each company would be required to pay a ten thousand
dollars fee non-refundable which would generate most likely in excess of a
hundred thousand which were to be used for the consultant to help us analyze.
What is the additional hundred thousand dollars for?
Mr. Merrill: That's the safety valve in the event that the ten thousand dollars
is not enough. Whatever cost the City of Miami has in this franchising process,
including staff and whatever we have to send to bring in those bids will be
taken from the ten thousand dollars non-refundable bidding fee. If that is not
enough, then the company then pledges to up to a hundred thousand dollars pay
for any additional costs.
15 DEC 1 71980
a
0
Mr. Plummer; My problem is it is to be assumed that there are going to be more
than ten comparties bidding.
Mr. Fosmuen: That's correct.
Mr. Merrill: No, Hiat's not an assumption that you can make. We won't know
how mane poopl(.� will bid until April 1st, when we bring in the bids. But what
you will know is how many.., you will know how many people will pick up the
bids.
Mr, Plummer: So what you are saying is between the total number that bid and
what the cast could be a total of a hundred thousand,
Mr. Merrill: Right. When they...
Mr. Pluimiier.: Let me. tell you where I am coming from. I'm coming from I don't
want to go over boeird and we come up with consultants of eighty, ninety thousand
dollars just 1,ecause we have got the money.
Mr. Fosmuen: tio.
Mr. Merrill.: No, it doesn't work that way.
Mr. Plummer: Ok, so it's understood that it's an alternate if necessary.
Mayor Ferre: `,.es, but let ine put it to you this way. Now, we are talking
about something that's going to be a very important decision for the City and
if it cost fii, c-I sixty or eighty thousand dollars and we have gotten that
from ih t, bl&—., r.- I ;,ouldn't nave any hesitation in spending that kind of
monev.
Mr. Pl111nr..er: —I ^,:.:..,; , T don't either. The only thing I'm trying to say is
in t1wing to :Rcn4•v '_ r the City that I don't want money to be, excuse my
terminology, wa:;tcd 'r,ert if that hundred thousand could be payable to the general
fund.
Mr. Merii.11: ':; it doesn't work that way.
say it doesn't work that way. The Administration only
knows car i way to r:; n a at. I know nine. And if I can skin a cat to get money
into tilt-' I;cner,:d : u)td ITM going to do it.
Mr. 'Merrill : Wt l l , we have attempted to do that on your recommendation in
bringing additionLl fees in on an early basis from the fee that the F.C.C.
alloys ns to col It ct .
Mr. ();,. M1-. Merrill, on Page 5. 1 question why underlined is the
words th•.rt says, "i•urYt1tfr, average annual inflation rate of nine percent shall be used
by all. al;t;l;c_ants �n preparing financial projections". Now, if what that is
for is tc: l...t: e,�>r:l ;d� or, an even footing, I accept it. But it in no way
infers that, that shill be the prevailing situation.
Mr. ^Terrill: Olt, no, it's just...
Mr. Plurur.,,r: Well-, it's not spelled out. If it were to say there for the
purpost�s (if ...
Mr. Merrill: Well, further back in the forms it requires a proforma of it's,.
Mayer Ferre: I loon at it the other way. If we can snake it the prevailing
situation and if this Commission can order that the inflation only be nine
percent...
Mr. Plummer: Well, 1 will buy that, but we can't do it.
Mr. Merrill: That w„uid he great. No, but that's simply for the evaluation
prods; :c) keep all of them on an even scale. So, you don't have to take that
into consideration in making the evaluation.
Mr. Plununcr. Mr. Ftc.smocn, I would like to see and this is only one speaking,
the rest will have to speak, that rather than the names of individuals such As
Ralph Ongle, that the names be... of individuals be removed.
Mr. Fcsm jcri:: C,_ ::, I �: it l makt• ticat change.
Hr. 17inn
Plummer: Mr. Ongie, might find a job tomorrow with the International
A,;sociation and he would be gone. So I would prefer to see this that it be
:i.-nt the office of the City Clerk, City of Miami and in relation to application
.or documents to the Office of the Assistant City Manager or City Manager whatever
ou... rather than an individual.
Fosmoen: Office of Inter -Governmental Affairs.
. Plummer: Fine, 1 have got no problem with that. Mr. Mayor, if someone
eIse has questions let me go through and dig out some more of the questions that
had.
:1. Fosmoen: While you are doing that Commissioner, if you wish I will give
u a time frame that we would expect to operate within. It is now in the
kiddle of December. If you approve this document and do the second reading
.,day on the ordinance we would expect to immediately begin advertising. We
..)uld have the ninety day response period start January 1st which means that
,,coposals would be back to the Commission by April lst.
c. Plummer: I have no problem with that.
Fosmoen: Out next step will be to recommend a consultant to assist us and
'Al in the evaluation of the proposals. I would view about a ninety day
,aluation period which means that we should be able to have a company selected
id be well into if not completed with negotiations by the time that you
�cess in August.
Plummer. Alright, that sounds a little bit too long, but I think it's
-..:alization.
`:,,yor Ferre: No, I think that's realistic. If you are talking about...
Plummer: You knew, Mr. Mayor, I'm only looking at the fact that each
nth that goes by we. have lost forty to fifty thousand dollars in revenue.
yor Ferre: I. realize that J. L., but the point in a].1 of this is that I
ink...
. Plummer: tie want tc do it right and I appreciate that, ok? Mr. Merrill,
have hopefully a concern that doesn't exist. As I read through this document
find that you went to great extremes to locate every school, every library,
.&ry federal facility. :-`,; question has to be to you, sir, that if in fact
e successful is going to give dedicated channels as part of the
nsideration 1 would understand that those dedicated channels are exclusively
r the use of the City. Not for the School Board. Not for Federal. Not for
',e County, but the City's exclusive use.
. Merrill: Well, the law require... well, it doesn't any more. But they
uld he for cunn^unity access and not necessarily under the City's jurisdiction.
would be a community access for all of the use. The companies will be making
-ailable equiprm-•nt and studio and talents in order to provide the community
th an opportunity to utilize those channels. The City will have a government
' annel which we can use for any purpose we want to within the government to
.-ovide bulletin boards and community access to meetings and so forth. Now,
ie other channels will be for the community use totally and it's not necessarily
for the use of. the City of Miami.
Plummer: Would it be with this Commission's approval only? Look, Mr.
rrill...
Fosmoen: General public access channels, Commissioners?
Plummer: I assume that these dedicated channels are going to be part of
bidding procedure.
1:. Fosmoen: That's correct.
Plummer: Now, what I'm saying is, you know, let's put the card on... what
the hell does the School Board do for this City? We can't even get them
provide their own... by the way it's another thing I want to bring up this
__ternoon. '!fie School Board has all but eliminated their security personnel.
iney have thrown it back in the laps of the City. Now, you know, if this was
17 D LE C 1 71980
4
0
a two way street where the school board was doing something for the City,
then the City... it behooves them to do something for the School Board.
Mr. Merrill: Brit: this is a community access program for the benefit of the
Communitv.
Mr. Plum-ner: Then why would they be bidding it to us? Why not bid it to the
School Board"?
Mr. Fosmoen: Because we are the ones who issue the license Commissioner.
Mr. Plummer: Whit did Dade County do?
Mr. Fosmoen: Dad., Crum v... I will.. .
Mr. Merrill: The have required four channels.
Mr. Plummer: 111.10
Mr. Merrill: Riev have required four channels.
Mr. Plummer: Fur their exclusive use or for community?
Mr. Merrill: For community use.
Mr. Fosmoen: Com• iuniL'; use.
Mr. Plummer: td ,u, t!,en there is nothing that precludes...
(BACKGROUND (',01211.I,T ()FF THE PUBLIC RECORD)
Mr. Plummer: 1 ur.l.er:=tend that. But what I'm saying is there is nothing to
prevent tli co;:., .31,. ie:: ,f bidding three channels to the City is there?
Mr. Merr.11: Son;c have- bid twelve.
Mr. Pl;,Tmer: To the. City?
Mr. Merrill: Well, for the use of the community. It's in the proposal to
the...
Mr. Plummer: Nu, you don't understand me, Mr. Merrill.
Mr. Fosmoen: Commissioner, if you are asking whether we as the City will
_ control who I -as access, who can use a community... a channel that is dedicated
to cc:mr�unity use.. Thu answer is "no". There will be a channel dedicated to
City use, communications within the City.
Mr. Plummer: That's not acceptable to me, Mr. Fosmoen.
Mr. Fosmoen: But we are asking that the bidders provide four... is it four
Clark?
Mr. Merrill: At least four.
Mr. Fosmoen: At least four public access channels. Now, if someone wants
to get up and give a political speech on one of those public access channels
1 don't believe that this Commission under freedom of speech can control who
comes on and what is said on that public access channel.
Mayor Ferre: That's not the point and let me...
Mr. Plummer: I have no problem with that.
Mr. Fosmoen: Ok.
Mr. Plummer: Ok?
Mayor Ferre: Plummer, let me see if I can advocate with you a little bit.
I think what Commissioner Plummer is talking about and I think you both
understand it very, very clearly is that a future Commission which has nothing
to do with this present Commission should have the ability to direct the cable
company as to whether or not we would -prefer that the Kwanza Festival and
0 E C 1 71980
0
the Little Havana Community Center have more access than the Miami Philharmonic
or as much access as the Opera Company, because the tendency as Jack Luft
knows very well, is for those big operations to gobble up all of the money and
all of the time and all of the everything and then just as worthy, but struggling
dance companies .for example don't have as strong a community support as these
big socially based... you know, just because all of the wealthy ladies go to the
_ Surf Club Orchid Ball )r what,.ver it is and then everybody supi)orts the opera
and I'm all for it. Listen, t:,(-.d bless, Bob Herman and Rudolph Hint and everybody
_ else. 'I1iat's s,reat, 1,ut I think it's very unfortunate that we have a dance
company that realm from year to year to make it and that's... I
think what Plummcr is talking about is that this Commission that has a representation
of having a social conscience to represent all of the community have some input
in that process. Now. that is net to imply that anybody is going to be die ed
the access to make a political speech which has nothiliF to wit - win any 01 ails•
Mr. Plummier: ;1r. Mayer, I concur with you wholeheartedly. Let me tell you another
area of concern, mr. 1lerril_l, and because it's you who created this question in
my mind. 71iere cat; be temendous utilization by City government for the use of
cable T.V. You brou4,l;o t tmy attention for example that the Fire Department
could use this to pipe into every rise Station on the job training. Alright,
that would l)e one f.egiiencv, let's say for Fire. You brought to my attention
that. the Police Chief caulk use to alert the people of this conmlmunity in
problem times or special tr.essates, that would be one dedicated to Police.
Mr. Merrill: ttio, that's an override of all channels.
Mr. Plutr��cr: `dell_, I'T:, �aVing that if it was a dedicated during the times of
emergency•, but if the: wanted to... the Police Department wanted to put on
for example, speciil pr(vention )rograms, ok, whereas now we have to send a
group to this grog-ip �:nd that group we can do it all in one time. If we for
example, wanted , Mother channel to televise these Commission Meetings. I'm
saying that one c_hanilel for City use is not adequate.
Mavor Ferre: well., vhat cio you want, two?
Mr. Plummer: I would say that we should... if some of them are providing
twelve, t don't want to he greedy, I will go with six.
Mr. Merrill: Well. we are asking for four and they will probably bid more
than that.
Mr. Plummer: Dedicated sololy for City use? Four?
Mr. Merrill: Dedicated for community use. We are going to have a lot of...
look, ..
Mr. Plummer: No, sir.
Mayor Ferre: Mr. Merrill, you don't seem to hear too well and...
Mr. Merrill.: Yes, I do and...
Mayor Ferre: Well, let's see if we can get this straight now.
Mr. Merrill: The question is a federal question as to whether or not what
control the City will have or any municipality will have over the cable company
to provide programming. It's a federal question that has to be resolved.
Mr. Plummer: You understand they are going to volunteer this in their bidding.
Mr. Murrill: We have control over the company through many ways and through
the license process.
Mayor Ferre: I think what Plummer is saying...
Mr. Plummer: I'm saying four and four, if that's what you want to do.
Mayor Ferre: Yes, I think what Mr. Plummer is saying as I understand it
is that for public service such as Fire, Police and others, that the City of
Miami Commission have available for it's use four channels.
Mr. Plummer: A minimum. 19 OEv 17
1o80
Mayor Ferre: Four things that are public service oriented. Right. In addition
to which if we have four channels for community type services, I.., to follow
your thought, Mr. Plummer, I would think that at least on one or two of those
that the CommAssion o,ight to have some input to try to balance cultural things
so that the Elack corimiunity and the Hispanic community and other... and a
striving dance ccuiipany for example, will have access and that there is some
control that people like that will have access to. I have got something else
which I have pot tn... J would Dike to submit into the: record which you have
not read and I ,eked ,ou r_o gi-ve me the copy of the memorandum and I just got
it. So, thF_it4ore, tlio +1omm1sstort does not have it. But Dr. L.isaso,
is he here to(M,, : 1)r.. Li.saso, mentioned to me the other that in conversation
with the Nation.il for the Arts it was his understanding that there
_ was a provision in l' rt Worth and in New Orlean to back cultural and art type
programs. 1 ased him to Investigate that further and report back to Cesar.
Cesar liar: wr i i tcn... 1 r;iean, J.isaso urrote this memo to Cesar Odi.o and I would
like to hay,%, copies .;i:,trlhuted, but let me read the two paragraphs that are
pertinent. Ihere. arc' thl•ee bids in Fort Worth. Simon's Forth Worth Cable
Company and Stoi and here is what_ they are offering. Simon's proposal consist
of forty hours <', week program time with a first year budget of a hundred sixty-
four thousandi A third year budget of four thirty-two and a tenth year budget
of a million r.tv:_n of which fifty percent will be community access with the
remaining 1�c,. cent composed of local origin programming to be selected
by the cable r pr- nv. Now, there is a distinction which is your point. Half
is by the (1>l,, company, Half is selected by the community. Simon's
also offers thousand annually for the life of the concession to
be alloratt d ,)y thf Callie. Coalition to local programming. The Forth Worth
Cable Corip--iny hi Canadian tacking of the McLane Huntcr Company offers
sixty-three hour ,, i i�r ,ramming time per week. Thirty --five to forty percent
will he comb rs( �-: .;rn+.3nity access air time with the balance comprised of
local rit:in. i'iit y ort,pose a first year budget of a hundred eighty-three
thousand and ci tir,rd �eai of three forty-two and a tenth year of a million
three f`ort,:-rhie%_•. Although, thug do not offer an annual arwunt to be
UiShUr`,eLrt,i6 I:rit'j ales i'_.L'UUI)S. Illy have COitlirltted thelll5ClvEs to the
developmt_rot, of t.it1''., 1;a11ct. company, the .lull Clil`u,-i1 competition. The
third l)id i,; f`c;;( the, F c�rid.3 1 a5ed Storer company. 'They will offer two hundred
hours of p ,:; a::., t; t i_rrc. por weep: of which fifty-five percent will be
community fc-ty-five• percent local origination. Storer proposed a
first %ear (f `( (ir hundred thirty-four thousand dollars, a third year
budget of n million 1_11ree seventy and tenth year budget of a million eight
seventy. They will offer after the first six months and every six months
there after LhL :n:ou it of two hundred fifty thousand dollars to be allocated
to the Cable Go-lit.fi;il for the funding of local arts group. Now, this is
just Fnrtl: Werth. lli,e information from New Orleans has not come in. Now, I
would like, Mr. M:anap. r, for copies of this memo to be distributed to the
members of tl,e (,c:nu;li ,sion and personally think that something of this genre
should be incuriorat(rcl into what Commissioner Plummer., is talking about so
that we re_;Utr(: wh0121.'er is the successful bidder to somehow involved themselves
in supporting of public based programs. hike... similar to Fort Worth and
New gleans.
Pev. Gibson. Mi. Mayor, isn't there a way that we could deal with that in a
_ general way rather th(an... I'm a little disturbed that you said ballet companies.
And if' it' art;, ICE. cultural arts. Cultural arts. Well, Father if you
have, got a hroi)lem with the word "company", I think that, that's terminology
that they choosE_ thuiiiselvcs to use.
k(-v. Gibaotr: No, no, no, I don't mean that. I have no problem with company.
1 l,evi• a problem with if you designate ballet, then when you start cutting up
the pit. you say t;allet. I want it to be cultural arts. And cultural arts
carrit-ti with it nisic, at least that's what they taught me in school, that's
a part of rultt,lal ;trts. Music, ballet, Kwanza would be part of that cultural
arth. You follow me? Oh, yes. And then when you stipulate you say for
example:, then that gets mE off the hook. Don't tell me no ballet man, because
thvi, what... :(nneho;iy later on will come up and say "well, if they wanted,
you know, if they wanted music they would have said music".
Mr. Plummnel: lion't pen point, be broader.
Rev. Gibson: Right, just say cultural arts and then let me use my influence
later on to get ballet on and get Bach and Beethoven on, you understand? Right.
Q DES i 7 1980
0
Mr. Fosmoen: Commissioners, we have two pertinent sections. One is a
minimum required bid and the other is what we call additional system design
guidelines. Now, I guess the question that I would pose is whether the Commission
wishes us to include some language on cultural arts programming and budgeting as
a mandatory portion of the bid or a desired portion of the bid?
Mr. Plummer: Well, speaking for one we are speaking of the community interest
dedication channels?
Mr. Fosmoen: Yes.
Mr. Plummer: I would say mandatory.
Mayor Ferre: I would too.
Mr. Fosmoen: Alright. So you are saying four to the City mandatory and four
others public access, meaning minimum.
Mr. Plummer: I would rather use the word "minimum" rather than mandatory.
That doesn't preclude them giving more.
Mr. Fosmoen: Ok, a minimum of four for the City...
Mr. Plummer: 1 don't want to stifle initiative.
Mr. Fosmoen: .... and a minimum of four for other public access.
Rev. Gibson: Yes, you say a minimum of?
Mr. Fosmoen: Yes.
Rev. Gibson: Right.
Mavor Ferre; Yes, but I think some where in there you have to have this
New Orleans, Fart Worth stuff because just to have channels means absolutely
nothing because 1 want to know whether the Kwanza Festival or whether whatever
has the kind of monies available to take advantage of four channels. So, what's
going to happen uriless you structure something like that you are going to end
up with the philharmonic and the opera company having the money to have access,
but Kwanza and the Celle Ocho or Grateli will not have the funds, you see.
And therefore, I think we have to be very careful as to how this is done.
Mr. Fosmoen: What I'm hearing... Now, I think what I'm hearing from the
Commission is that we have two questions. Number one, you desire a minimum of
four channels for. the City, four public access channels mandatory in the bid.
Secondly, you would encourage companies to provide a specified number of hours
of community programming for cultural events and funding ard a portion of those
hours to be determined by this City Commission or some Committee you may wish
to appoint.
Mayor Ferre: Or some public Board. I don't care, you know, so that there is
access to public television by those that are artistically inclined other than
the wealthy community based organizations.
Mr. Fosmoen: And perhaps a fifty, fifty split. The cable company determines
fifty...
Mayor Ferre: I don't think we should tell them what the split is as long as
there is access. Now, I think the purpose should be clearly understood that
what we are trying to do is that... I'm not worried about the philharmonic
having access and I'm not worried about the opera having access. I am worried
about, you know, Kwanza. I. am worried about the dance company, Fusion. I
am worried about Grateli having access and they deserve access just as
much as anybody else and the fact that it's not as socially acceptable does
not mean that they should not also have access.
Rev. Gibson: Right.
Mr. Fosmoen: Might I suggest in the interest of expediency that we prepare
language, the Commission adopts this document today. We would prepare
language to meet those two objectives. circulated to you, get your sign off
on it and incorporate it into the bid spec rather than waiting until January.
`.+1
0 E i ; 1980
Mr. Plummer.: Mr. Merrill, on page eight at the bottom of the page three years
seems like a long time. Why not two?
Mr. Merrill: In building a thirty-five to forty million dollar system eight
hundred mf1e,, c-f cable about ten percent of that is underground. There may be
two or three c•aith stations. That's... the companies have told me, our consultant
has told us that., that is an adequate maximum amount of time, but that does not
necessarily mean that the, have to take that much time. Thr-re. will be in the
final t tNd Volt will provide the license, a required amount of time
and a schedule Of construction teat they will have to meet or pay penalties
if they don't -
Mr. Plummer: The faster they put it in, the faster they are going to make
money.
(BACKGROUN1! t'Ottr1F:N']' OFF THE PUBLIC RECORD)
Mr. Plunnner: Wr,,l I, u7oii l d... let me just throw this out for consideration.
Wouldn't wc- not bt, better to give a percentage on the three year time schedule?
In othOr wc:;-dc�, n a;:i ir,; it: mandatory the first year that thirty percent be in.
The second v,:ar -, i.,;h t.y i;ercent andJ the final year the remaining twenty. You
see, if you say j•.ist. a flat,...
(BACKGROT1:vI) ;,F '1Hi. Pi't3;_1C RECORD)
Mr. Plummer: ... it yGu say just. a flat.., yes, I'm always for a hundred ten
percent, Mr. it;;,. r. 1.,.; i,;eren't ;>upposed to pick that lip. ldhat I'm saying is
this, the c�av this is they can sit... I know they not because the
faster thev i t:t i ;; , il, t-:_,re money they make which is to our revenue, but
teehnicall',r the 4:a� this wording is thev could do nothing for the first two
years ana ti,c t!;ir-I they have got the license and they could sit around
and do notliini•, f ,,i h: years. They had problems some where else.
Mr. Fosmoen;if1, we will have a penalty provision in the final
contract. Sc rt i 1 they are paying us five hundred thousand dollars a year
the day th�i t , that 1 , c,ensc is awarded they are going to have some incentive
to get those custowt-rs on line as quickly as possible.
Mr. Pluialfier: `-o don't feel that a percentage is necessary for the...
Mr. Fosmoeu: I don't relieve a percentage is necessary, Comm-issioner, and
in addition it is.., it's an extremely technical area and you know, we would
really be second guetising a lot of engineers in trying to determine whether
twenty percent was right the first year, thirty percent was right. I think
what's important, ComrA ssioner, is that we assure that the entire city is
completed wit},in th;it period or time, that we not permit them to simply
go into the high rent districts.
Mr. Plumm. L : i?c . F'cs::'•. en, 'she thing that you and Mr. Merrill have beaten into
our heads :,nd tl:; ; _ if ;ne thin?, we understand about cable is the notorious
position of the world and not delivering. Now, I would hope that
won't be the case with the people that we award our license to, but you have
driven that Li-ito head that they promise the world and don't deliver. So,
what I'm trying, to -,ay here is. -you know, may be that annual guarantee of
five hundred thousand dollars is sufficient, ok? And if it is I will buy
that. But i i�;st w;int to make sure.
Mr. Merrill: iic one of the forms, form "H" the company makes out a schedule
Of it's construction in the first year, second year and third year. This
will be ...
Mr. H uuaner: Xs that mandatory?
Mr. Merzill: Yes, it's mandatory that they tell us how fast...
Mr. Plunanet : bti &s that carry a penalty if they don't do?
Mr. Merrill: tic,, wait. a miztute, tiow wr are in zi bidding cycle. Ok, a
proposal cycle and the evaluator. Before you issue any license to anybody
You will have that in front of You as to what the construction schedule of
that company will be and that's one of the issues on which we will evaluate
the companies.
22 ,rn � A
.0
Mr. Plummer: I have two other areas of concern and then I will be quiet. The
first concern, I want you to do into more detail of what the final minimum
guarantee to the City is per year. I want to make sure that, that is well
documented. You are using the terminology of five hundred thousand dollars.
I need to know is that all hard dollars? How much of it soft dollars? Is
there a percentage applied? The second thing I want you to address before
this Commission is if we. were to go into multiple licensing what would be the
criteria for issuance of a second license? I don't find that in here.
Mr. Fosmoen: I_et me respond to the first one.
Mr. Plummer: Well, let me go to the third... I'm sorry, a third and final point.
I do not find that. which I requested that their scope of operation be pin pointed
to the extent if they increase upon that scope of expanded services that it
automatically triggers a rehearing before this Commission. Now, those are the
three items, if you will address those.
Mr. Fosmoen: het me take #3 first, Commissioner. In the memorandum...
Mr. Plummer: Oh, it's in the memorandum. Alright,...
Mr. 7osmoen: In the memorandum, Page 6, Section 5, License Fee and I will
simply paraphrase it. "The license fee shall be subject to renegotiation
at a higher percentage rate at such time as laws a regulations permit". Ok?
Mr. Plummer: Wait a minute, what paragraph?
Mr. Fosmoen: I'm on the inside of the cover memorandum right at the top.
Mr. Plummer: Wdhat page?
Mr. Fosmoen: Right at the top. That's part of it.
Mr. Plummer: You see, that doesn't speak, Mr. Fosmoen,... Alright, go ahead.
Mr. Fosmoen: The second part of that is on Page 4... Page 27, Section 33,
Technological improvements. Right here.
Mr. Plummer: Are we speaking of this document now?
Mr. Fosmoen: Yes.
Mr. Plummer: Page 20... ok.
Mr. Fosmoen: "The company shall not add or delete any service without
prior approval of the City Commission". Ok? Add or delete.
Mr. Plummer: Ok. Alright. Alright, that answers #3.
Mr. Fosmoen: #1.
Mr. Plummer: 111.
Mr. Fosmoen: It is a cash payment of one hundred twenty-five thousand dollars
per quarter upon award of the license.
Mr.. Plummer: And that starts running the day of the award?
Mr. Fosmoen: Yes.
Mr. Plummer: Ok.
Mr. Fosmoen: Question 2?..
Mr. Plummer: And that is a minimum...
Mr. Fosmoen: Minimum, minimum payment.
Mr. Plummer: Ok.
Mr. Fosmoen: Question 2?
23
DEC i 71.80
0
Mr. Plummer: Question 2 was additional licensing.
Mr. Fosmoen: Oh, ok.
Mr. Merrill: You are bearing on a non-exclusitivity of the licensing right.
If you want to go through the process again you can do that.
Mr. Plummer: BAit, Is there... For example, is there any criteria set forth
in any of these tiocuments. For example, Judges, Taxicabs and everything are
on a population ratio. What criteria would have to be met, if any, to trigger
a second company's application to this Commission?
Mr. Fosmoen: A second round of bidding is really what you are talking about.
Mr. Plununer: In other words, here is what I'm getting at, Uick. I am concerned
more sr, to,lay than 1 was last week because of twenty-one percent prime of the
company finding available funds to fund this thing. To financially make it
go. If there :art nothins; in writing stating that this Commission could issue
three, foci- 1 r1iink the first company would have some problems of
getting, funtiin,:;. I think that's a realization,
Mr. Foshioen: I_c.t_ i::•_ tt-Ill you what Mr. Korte's response is to that. And he
is not here, Lout. I think I can speak for him. You issue a license and that
bidder has or that Licensee has a six month head start, the likelihood of any
other company, n,,iabor one, being interested is very slim. Because stringing
two cable!;-- anti g,dn;; �ifto r the same customer for basically the same service
presents almclo;t air i_c-k�ossil;le situation, but on the other hand there is no
exclusivft.y to i_h,it licensee. I think... You know, may be the industry wants
to respond t _ tl:.:;l also, ConciGsioner, on whether or not they can
get financing. Mic" l_er there is a possibility of a second license being
issued, but knii ors u1_ taut has indicated that first of all you have that right,
but m;econdl,,, one., L',, t first license is issued and somebody has got a head
start on the it,st �� the _ndustry a second license is very unlikely.
Mr. Pluni;,i�2r: AI).,t,ht. And I'm sorry. I apologize, 1,1r. Merrill, I do have one
further ques;tJ'on. Not, question, but it's a point that I raised before that
I want to rase stain :nd l have already forgotten it. It was a point that I
made before. tih, I lor.'t find any where in these documents that request which
I had th,it says t.1::,t the successful licensee can in no way pledge or incumber
the Miami license for the benefit of any other City. Where do I find that?
Mr. Fosmoen: if you will look on Page 3.
Mr. Plu:nmer: Of the memo?
Mr. Fosmoen: Page _i cf the memorandum. The middle of the page, "E". "A
mortgage or pledge of the cable system equipment license or revenues or any
part thereof for financing purposes or otherwise shall be made only with
prior approval of the City Commission subject to and subordinate the rights
Of the...
Mr. Plununer: Alright, now show me in this document the Mayor's concern and
my also concern about the changing of stock as it relates to controlling
interest and the change of stock of more than, I think we said of five percent.
Mr. Fosmoen: I think we limited it to one percent.
Mr. Plummer: One percent. T_ ain't got no problem with that. Because two
percent can in fact make :a difference in the controlling interest. Show me
in the: them,_, U11I -rem that's included. And Mr. Mayor, I apologize. This memo
unfortunately, wat, in the supplemental agenda and it was not delivered to my
house. I've only re-cc:ived it this morning. So, that's...
Mayor Ferre: We went over it yesterday at the workshop...
Mr. Plumrier: Well, you know, that I was tied up. So,... Where do I find that
Mr. Merrill?
Mr. Fosmoen: Page 4, 5, I'm sorry. Page 5 in the memorandum. Page 28, Section
35.
24
DEC 17 1980
Mr. Plummer: "The complete reporting of any ownership of one percent or more
shares of stock". That's...
Mr. Fosmoen: That's annually.
Mr. Plummer: No, no, you see, they can do it in January and not report until
December.
Mr. Fosmoen: Ok.
Mr. Plummer: Cot a problem.
Mayor Ferre: That's very simple, you add one more sentence that says any
time control changes no matter what the sales are it must be reported within
one working week.
Mr. Fosmoen: There are two questions involved. First of all, you want to
know at the end of the year how that stock has been moved around...
Mr. Plummer: No, no.
Mr. Fosmoen: But secondly, you want to know at any time the control
of the company changes.
Mr. Plummer: That's what I'm looking at.
Mr. Fosmoen: ok, so what we need is for them to notify you at any point that
control of *111L compzinv shifts, but you want an annual reporting on movement
of stock un:unr individuals.
Mr. Plummer: An ,annual reporting is nothing more than a total picture for
the past year.
Mr. Fosmoen: That's correct.
Mr. Plunncr: Alright, Mr. Fosmoen, here is what I'm trying to avoid. I would
like to see wording which say that any change of one percent of their stock...
you sre, I'm trying to forestall the possibility of some undesirable gaining
controi. Now, how 4o I say to these companies that before you change more
than one percent that this Commission must approve that person or five percent
or ten percent. 1 don't want to know about it afterwards. I think what you
are really after is controlling interest because that could end up in one
share, not necessarily one percent.
Mr. Plummer: But can we take and incorporate the words controlling interest
must be proferred to this Commission and with no objection in seven days is
it approved.
Mr. Fosmoen: I think that's in there ?Commissioner.
Mayor Ferre: Alright, well, while you are looking to see whether it's in
there I'm going to recognize Barry Kuten. Counsellor?
Mr. Plummer: It's there? Ok.
Mr. Barry Kuten: Mr. Commissioner, it's in there.
Mr. Plw-imer: Ok. Barry, I did not get this memo until this morning. I'm
trying to remember from the last workshop those areas of concern expressed
by the Commission. What I'm trying to do, Barry, you understand.
Mr. Kuten: Absolutely, but it is in the memo.
Mr. Plummer: That we know about it in advance that we could stop it. Not a
week after it's done and consummated.
Mr. Fosmoen: Page 3 of the memorandum, Commissioner, and it's Page 9, Section
8, Limitations. "Every change of control, transfer of control or acquisition
of control of the company shall make the license subject to cancellation unless
and until the City shall have consented there to which consent shall not be
unreasonably...
25 171900
Mr. Plummer: Fine. I have no further questions, Mr. Mayor.
f
Mayor Ferre: Alright, are there other members of the Commission that have
any further questions of this document. If not, is there a motion?
Rev. Gibson: Move.
Mayor Ferre: Alright, there is a motion on Item 5E. Is there further
discussion on Item 5E, call the roll, as amended. Call the roll., please.
THEREUPON 11iE FOREGOING MOTION, duly introduced by
Commissioner Gibson and seconded by Commission Plummer
was passed and adopted by the following vote: i
AYES: Mr. Plummer, Rev. Gibson, Vice -Mayor Lacasa and Mayor Ferre.
NOES: Mr. Carollo.
ABSENT: hone.
(LATER FORMALIZED INTO ORDINANCE NO. 9223).
7. tPPROVING A REQUEST FOR PROPOSALS FOR CABLE TELEVISION SERVICE;
AV THORI?ING CITY MANAGER TO ADVERTISE.
Mayor Ferre: Now, is there a motion on 10A as amended?
Mr. Plummer: Uh, sure you have to do that.
Mayor Ferre: Plu::uner moves 10A, is there a second?
Mr. Plummer: With tl:e understanding, Mr. Mayor, that this nine thousand
advance by the City will be reimbursed to the City from those non-refundable
bids. As long as that's understood.
Mayor Ferre: Further discussion?
Mr. Carollo: Yes, can we go over the 10A, the exact wording of it, please?
Mayor Ferre: Mr. Manager? It is in your packet and the exact wording goes
something like this.
Mr. Plummer. That's 10A?
Mayor Ferre: Yes. "A resolution...
Mr. Plummer: 10A is the nine thousand dollar up front money to get it started.
Mayor Ferre: Where is l0A in my Pook?
Mr. Fosmoen: It's in your packet. If you wish I will read the resolution.
Mayor Ferre: I would just like to see... Is it a resolution approving a
request for proposals for cable television service within the City of Miami
authorizing the Cite Manager to advertise allocating nine thousand from the
contingency fund to cover the cost of expense for said proposals including
advertising. Further discussion, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 80-888
A RESOLUTION APPROVING A REQUEST FOR PROPOSALS
FOR CABLE TELEVISION SERVICE WITH THE CITY OF
200 DEC jion ___ __
MIAMI; AUTHORIZING THE CITY MANAGER TO ADVERTISE;
ALLOCATING $9,000 FROM THE CONTINGENCY FUND TO
COVER THE COST OF EXPENSES FOR SAID PROPOSALS,
INCLUDING ADVERTISING.
(Here follows bodv of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded I)v Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Mr. Plummer, Rev. Gibson, Vice -Mayor Lacasa and Mayor Ferre.
NOES: Mr. Carollo.
ABSENT: None.
8. 117SCUCSIO,� ttF S11F1_1ERS AND BUS BENCHES.
Mayor Ferre: 1�`r. '.1anager, can we get going? Fine and I'm listening. Mr.
Manager, I'r: I istenins;.
Mr. Fosmoen: ';r. `ay,,r and members of the Commission, Item "E" is on Bus
Shelters and Lu:= 12,enclw,� . We have circulated to you a draft request for
proposals. Our recorr-,endation is that we permit companies to bid on three
hundred fifty bus heltcrs, fourteen hundred bus benches. Of the bus shelters
we would require lift: to be available without advertising and on the bus benches
two to be available without advertising. We would designate the areas where
those are locatL,d. The: would be in conformance with the non -advertising
provisions of the Zeninr Ordinance, for instance, in the Downtown area or the
residential R-1, R-2 districts. We are recommending that the bids be
analyzed on two bc!sis. Nu.nber one, the price which the bidder proposes and
number two, the design of the bench and the design of the shelter. Bidders
will be permitted to bid on either bus benches or bus shelters or both. We
have also incorporated n set of construction standards which would provide
for li ;htf'.1 �:111'iters wherever they are places. We are insisting that the
bidders or the successful bidder put a concrete pad beneath the bus bench were
there is no concrete available so we avoid the trashy looking circumstance
where a number of benches are. We would control the location of the bus benches
so that they are only located at bus stops. The County has previously run into
problem where bus benches are just put any where for advertising purposes. And
we are recommending the the Commission approve the request for proposals and
_ that we would initiate a bidding process. We would also suggest that you give
consideration to appointment of a design committee, because one of the considerations
in awarding th(- successful bid is design. So, we would suggest perhaps the
Commission would like to use members of the A.I.A. and you own Art Committee
to give recommendations to you on the successful design.
Mr. Plummer: Mr. Fosmoen, my only concern sir, is community service advertising.
Mr. Fosmoen: Yes.
Mr. Plummer: How many bus benches are going to be dedicated for community
service messages?
Mr. Fosmoen: Clark? I'm going to ask Mr.... Clark? I'm going to ask Mr.
Merrill to respond. Clark, how many bus benches and shelters are we reserving
for community service advertising?
Mr. Merrill: Well, under the ordinance we ... there is twenty percent that
have to be without advertising and half of those would be for community
27 oEc -
service advertisement.
Mayor Ferre: That's not the question.
Mr. Plummer: No.
Mr. Merrill.: Ok.
Mr. Plunnner: I understand the answer, you don't understand the question.
Mr. Merrill: Ok, I'm sorry.
Mayor Ferre: Look, let me...
Mr. Plummet: The e,uestion is how many bus benches or shelters are going to
be made available for community service messages. Is it ten percent of them,
twenty percent. W`trat":
Mr. Merrill: It would be fifty percent of the twenty percent. In other words,
If you have...
Mr. Fosmoen: A hundred. A hundred, Commissioner.
Mr. Merrill: Ok, if you have a hundred benches, if you have a hundred benches
out. of every hundred benches twenty of those would be without advertising, ten of
those will be with public service messages.
Mayor Terre: -'lark, let me, let me... Yes, I understand what you are saying.
In other words, what you are saying is ten percent of the total will have public
messages;
Mr. Fesn-soen: itlat s correct.
Mr. Carollo: fio4: at)out the other ten percent that won't have anything.
Mavor Ferre: have any messages at all. But I would like to point this
_ out to ynu. ih� ;.i�;t:.cst bench company and shelter company in the world is
_ based in Fr<a,_t_ .ird ti-ey virtually control the business in Germany, Italy,
all over 'r'.urept. 11(—y are into Canada and... now, in every one of the shelters
if then have an ad ti:ere is always a small section, Mr. Fosmoen, of the ad in
each shelter th;:t has a public message. So that it isn't that they have ten
percent public ,:•:essagus. It's that within each shelter they will have things
such as map C,f the City. A list of activities for the year, you know, or for
the month. A ,u;lic: message of some sort. So I would much prefer, Mr. Plummer,...
I personall; au.: I'm ,just speaking for myself seen, have been seeing a lot of
these and taken a lot of time to go visit these things over the last six year
now, including a personal trip that I took to the shop where they manufactor
these things in Franco, that we incorporate into this ten percent of whatever
space that they have in advertising that they have in each shelter two public
_ messages. You follow me? So that in every shelter it leaves us a little space
even if it's a foot wide that will be dedicated to having a City map or a bulletin
board type- of thin€, that we can put messages on.
Mr. Fosmoen: Ok, we will adjust the specs to reflect th�.t.
Mr. Plummer: Mr. Rdyor?
Mayor Ferre: Is that acceptable to you.
Mr. Pluum,er: Well, my only question and you know, it's mechanical really, are
we... here is what I have equated. Are we better off with ten percent of the
benches saying nothing and just being with flowers and other love goodies.
Mayor Ferre: Have both.
Mr. Plurruner: Well, in other words, what purposes does blank boards serve if....
you know, we are getting ready to spend a hundred thousand dollars to recruit
for the Police Department. If we can use all twenty of those boards as a
permanent situation to recruit for City good or some community service, I would
like to see...
L7
Mayor Ferre: I will tell you, could we do both? In other words, could we
ask in the advertising of bids say that every time they put up an ad that ten
percent of the space should be available for community type things and in
addition to which Vventy percent that we have will have a permanent community
message. ne problem is that we can't change them every week. It would have
to be as they... in the same level that they change advertising we would have
the availability to ,hange the message. Not on the bus bench, but on the
shelter.
Mr. Fosmoen: Mr. Mayc-r, in response to Commissioner Plummer's comment on using
all of the benches or the twenty percent for advertising. I would recommend
against that. Tt puts the City in a very weak position in my opinion. When
we preclude the private sector from advertising in R-1 districts, R-2 districts.
Mr. Plummer: But you see, you are using the wrong terminology. We are not
advertising. We are giving public service messages.
Mr. Fosmoen: I understand what you are saying, Commissioner.
Mr. Plummer: It's not for profit.
Mr. Fosmoen: And I also understand that. My only comment is it puts us in a
weak position when we preclude any kind of advertising in those districts.
Mr. Plummer: I have no problem if the private sector would like to pay for
some public service messages in behalf of their community. I have no problem
with that.
Mr. Fosmoen: It's your choice.
Mr. Plummer: Well., ok, look, I understand what you are saying and let's try to
get you off the hoer.. We will see if we can't get the best of both worlds.
Why don't we sa•: that the City can utilize up to twenty percent for community
service messages. It doesn't mean we have to do it.
Mr. Fosmoen: Alright.
Mr. Plumrner: But up to.
Mr. Fosmoen: Ok.
Mr. Plummer: Mr. Mayor, if everything else is in order I will move Item "E".
Mayor Ferre: Ok.
Rev. Gibson: Second.
Mayor Ferre: Alright, there is a motion and a second on Item "E", call the roll.
The following motion was introduced by Commissioner Plummer, who
moved its adoption.
MOTION NO. 80-889
A MOTION OF THE CITY COMMISSION APPROVING THE REQUEST
FOR PUBLIC PROPOSALS FOR THE FURNISHING OF BUS STOP
FACILITIES, BASICALLY ALONG THE FOLLOWING LINES:
1. 250 Bus Shelter with advertising (50 or more
Bus Shelters without advertising)
Total Bus Shelters limited to 350
1000 Bus Benches with advertising (200 or
more Bus Benches without advertising)
Total Bus Benches limited to 1400;
AND AS MORE FULLY DESCRIBED BY THE CITY MANAGER TO THE
CITY COMMISSION ON THIS SAME DATE.
Upon being seconded by Commissioner Gibson, the motion was passed
and adopted by the following vote:
AYES: Commissioner Joe Carollo
29
--
4
f
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
9. DISCUSSION: STATE TROOPERS IN CITY FIRE STATION.
May I revert back? This morning we spoke about the
Policemen, tLe St -Aft: Troopers having the availability of housing and of food.
I made a r;ti:;gt the Administration and they have indicated that they
now have somewlu3t of an answer and I would like Mr. Fosmoen to get it on the
record or 1,JWevCr .:c>> designate, Mr. Fosmoen.
Mr. rosrtoen: C; r,.:lis5i .it: and members of the Commission, following your suggestion
we have contacted Llic lire Department. We have done an inventory of space
available riu�i it ;;f1,, .lrs tl,at we can easily accommodate Troopers that the
Governor i-,- is u_:, i ;n utc this area for a period of time in the Fire Stations.
You know, it Wo11',; them with a contact in the community, a home base
from which tU wr,,-ild put them in contact with people who know the
community and 1 thinl: that it would be a real service in terms of getting
t}lOSethis area.
Mr. Pl urume,-: iiu. t hd t i s ccaf iriced, Mr. Fosmoen, can ask you to immediately
prepare -, t ::cod to each member of the Cabinet that this City has heard
its cry ,ii.J %;, aic. t:cing to be able to fully take care of the men and our way
of saying than;: ;you.
Mr. Fosr,loo. n. 'i,2,, ,,i r .
Mr. Plumrcrr: A'id I hope that, that letter could go out may be before
the end of the week that this community is responding as requested and we are
going to pro%dld roam and board for these men who are going to be sent to us.
And I personally thank yo-j.
Rev. i;iLson: Doo't use the word "cry", man, that we have heard their cry.
We don't want that. We have got to cry. We have got some cry...
Mr. Plui-.,ner: We he ii-d their plea. Thank you.
10. OF ;'UiS LNCE ESTABLISHMENTS.
Mayor Ferre: Alright, wl:� are 110W on Item "F" which is nuisance establishments.
Mr. Plummer: Mr. Mayor, this is the item which I had requested of the Administration.
I think may Le it might be best that we hear from the City Attorney first and
_ hopefully, Lfoen fiom the Police Department, because the City Attorney has
expanded upon m> requust where it was somewhat slighted towards a given industry
He has expanded on that and then I would like to hear from the Police Department.
And then I would like to offer a motion, Mr. Mayor.
Mayor Ferre: Alright.
30 0E0 j 71980
Mr. Knox: Yes. Mr. Mayor and members of the City Commission, the particular
section of the Code which deals with licensing i.s Chapter 31. The power that
the City Commission has to regulate criminal activities in business establishments
is the power to license or to revoke or refuse to issue licenses. At the same
time in our ongoing process of keeping up with the law relative the regulation
of adult entertainment enterprises there was certain due process guarantees
which must be incorporated into our general licensing ordinance which would
also be applicable to the regulation of these establishments where criminal
activity takes place. And so because the regulation of these activities
would appropriately fall within Chapter 31, we took this opportunity to upgrade
or update the provisions of Chapter 31 and that's the season why the ordinance
contains refereri,.t to matters which are in addition to the regulation of these
places that dispense alcoholic beverages where criminal activity has taken
place and includes adult entertainment activities and massage parlors and so
forth. Now, the Cite (',-)i^mission... this is an ordinance which has been presented
to you for adoprion. if the :Mayor would choose he may convene a regular meeting
for the purposes of adopting it or we can take it up at the appropriate time.
Mayor Ferre: Which item would it be?
Mr. Knox: lt's not on the regular printed agenda. It is identified as Item
Mayor Ferre: well, Plummer, what do you want to do it's all...
Mr. Plummer: 1-1r. Ma or, 1... it's immaterial. I would just like to get it
either on first readinP or on first and second reading today if that's...
Mayor F,,rre : L'u t: have it written out? Is this it?
Mr. Pluruner: c City Attorney has prepared it Mr. Mayor and was given to us
this morninf:.
Mayor Ferre: Well, why don't you pass that around.
Mr. Plu=ier: well, everybody has it, Mr. Mayor. It's my understanding
everybody has it.
Mr. Fosmoen: It was distributed with the supplemental packet.
Mr. Plummer: With your supplemental kit, Mr. Mayor.
Mayor Ferre; Is this the one from George Knox dated December 16th with an
emergency ordinance?
Mr. Knox: Yes, sir.
Mayor Ferre: Aright, under the powers given to me in the Charter I will now
convene a Spceial Co-mLission Meeting for the purposes of the general licensing
procedure emergency ordinance that is presently before us. Go ahead, Plummer.
Mr. Plu:mi,er: 'Mr. Mayor, very simply. This City only retains the control as
it applies to occupational licenses. Prior to what has happened in the last
couple of days this as you know was prompted by certain liquor establishment
on 79th StrevL in which four homicides occurred within, I think, a two day
_ or thirty hour period. We have had other... and unbeknownst to me the Police
Department was already compiling statistics indicating those establishments
which were: given an unur,ual number of request for police help on a daily
basis. They have identified is my understanding some eight establishments
Who possibly need to have more supervision to say very clearly and very
emphatically either clean tip the situation or get out and the only thing that
we can in flier rt-�;ulate is the occupational license. What this ordinance
proposes to do in those areas identified by the Police Department as abusive
powers or abusive situations to the privilege of operation it will trigger a
hearing before this Commission. Before the Manager. Before the Manager for
the possible revocitinii of their occupational license. I just want to
conclude by stating; as you will recall that Governor Graham was here last
month and he likewi��e indicated that the Department of Regulation needs to
come and take a i,00d hard look at the situation in South Florida. In particular
Dade County. AIid 111r. Mayor, feel that this is in keeping that we should
take a good hard look, the same as the Governor is going to do and that this
is the vehicle necessary to accomplish what needs to be accomplished.
Mayor Ferre: Is there a second to that motion?
31 G j 7 1980
Mr. Carollo: Second, Mr. Mayor.
Mayor Ferre: Is there further discussion?
Mr. Carollo: I would just like to add, Mr. Mayor, that I'm glad that at the
urgence of Conmii_ssioner Plummer, the Administration finally has taken some
concrete action. Something that a lot of members of this Commission, including
myself had been requesting from the previous Administration for a long, long
time.
Mayor Ferre: Alright, further discussion? Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED --
AN E�iF.RGEN(Y ORDINANCE AMENDING SECTION 31-1,
31-26, 31-28, 31-30, 31-33, AND 31-37 OF CHAP-
TER 31 ENTITLED "LICENSES, MISCELLANEOUS BUSI-
NESS REGULATIONS" OF THE CODE OF THE CITY OF
MIAMI, FI.ORIDA (1)80), AS AMENDED, IN THE
FOLLOWING XESPECTS' BY ADDING A NEW SUBSEC-
TION (b) TO SAID SEC110N 31-1 WHICH PROHIBITS
SUBJECT TO CERTAIN EXCEPTIONS, MASSAGE SALONS AND
BATH PARLORS OR ANY SIMILAR TYPE, BUSINESS WHEN
SPEC; 1, 1 ED P1IYSICAL CONTACT IS PRGVIDF.D THE
RECIPIENT utr' SERVICES BY PERSONS OF THE
OPPOSITE AND WHI CII ALSO PROHIBITS UNDER
CERTAIN BUSINESS WHICH FEATURES
ADULT P1,1V:."i DANCING Et:HIBITIONS WITH BOTH OF
THE ABOVE Ptt1'1`7_B1TED BUSINESS ACTIVITIES, WHICH
ARE CURKIE,"ilY 1?; I:XISTENC'E, BECOMING UNLAWFUL
AFTER S I , ( 0) MONTIIS FROM THE EFFECTIVE DATE
OF 1111S 1)i',PI N,?';CE; BY AMENDING SECTION 31-26
TO IN, C117PL i. ;>YI:CIFIC PENALTY PROVISION; BY REPEAL
OF SECTifY.: 31-2b AND �UBSTTTUTING A NEW SEC-
TION 31. 2? TO PRO% DE FOR LICENSING PROCEDURES
INCLUDING GR01'NDS FOR DENiAL OF SAID LICENSES; BY
AMENDING SECTION 31-30 TO PROVIDE FOR AN AUTOMATIC
SI)SPENSIO,N OF A LICENSE UPON FAILURE OF THE HOLDER
OF SAID Lit F.::>I TO DISPLAY THE SAME TO ANY POLICE
DEPARTMF.N F PE-RSONNE1, OR OTHER CITY OFFICIAL; BY
AMENDING SECTION 31-33 TO PROVIDE FOR THE IMPOSI-
TION OF THE PENALTY SPECIFICALLY PROVIDED IN CODE
SECTION 31-25: BY REPEAL OF SECTION 31-37 AND
SUBSTI1-LiTING A NEW SECTION 31-37 TO ESTABLISH
GROUNDS A`:N) PROCEDURES FOR REVOCATION AND SUSPEN-
SION OF 1.11C1%NSES; CONTAINING A REPEALER PROVISION
AND A SEVER:?BTL'fTY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner Carollo
for adoption as ai; t�ri&rgency measure and dispensing with the requirement
of reading same on two separate days which was agreed to by the following
vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
Whereupon the Commission on motion of Commissioner Plummer and
seconded by Commissioner Carollo, adopted said ordinance by the following
vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
340
0 0
SAID ORDINANCE WAS DESIGNATED ERERGENCY ORDINANCE NO. 9211
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.
Mr. Carollo: I would hope that the Administration now will proceed as quickly
as possible on this and will not sit on it like it's done on some other things
in past. There isn't a weekend night that goes by that our Police Department
does not get severl calls for either a bar brawl in our City, a shooting in
a bar, some ind of disturbance in a bar in this City and I think that it's
high time that we draw the .line and we do something about it. And that these
bars that are being a cnn =tart nuisance to our conmiunity be closed down.
11. Pi;ilGia'SS REP�i�'i (Ti luRO Kk'A7,A FESTIVAL.
Mawr ]-care he in. nor„ can Item "."" because we have had some people on the
Kwanza Fc=tJvr,l t h.�t : athcr. Gilson says have been waiting all morning and we
really should tir..n, 1,ack their jabs. Alright?
Ms. Aku•i tiiu: Good <<.orni.ng, I'm Akua olu, the Program Coordinator for Kwanza
Festival. 1�. O tli i= ycrtr. Nir. Mayor, Coiiunissioners, ladies and gentlemen. As
you know in "ixmj was orl-Inally a private family celebration. In 1976
the Cult.111-r31 i, ry t.orincil of O ertown sponsored family oriented activities
and parade:; tni s traditional Kwanza period which is December 26th thru
the lst. As tooi, interest rld the popularity of the festival grew the City of
Miami lent it-s ui,Tcart to the organizers and the sponsors of Kwanza. In 1977
both Li -a-, iity of ii ,�,u, Metropolitan Dade County and the Fine Arts Council
also alon::, with ' , t i onal Endowment of the Arts funded Kwanza for the first
time. So toutOicr with the Cultural Advisory of Overtown the Kwanza Committee
and the fun :n;; l.w.�nza h, ,, became a City wide celebration for all of the
citizen-. ill `.`.,ar.:i. :11so, wt' have Continued to expand and continue to seek
new ways ol- all of the citizens in Miami, not just a select few.
For instance, Jast. :.,t•ar we had a Afro /Carribean /Cuban group seminar which
explored the similr:ritit—, .and differences of our culture. Also talking about
the econn:r,it st-r.irlars informed the p-3rticipants about the economy of Florida.
As the program,; are becoming more and more important each year we try to gear
must of tht- a-riv:ties towards the children with the assistance of the
Theatre of Afro �.rts, Olt- Coconut Grove Theatre, Florine Nichols Community
for Perfc-rmj::s, the l;wanza Festival in the past have been able to pro,ide
children with the most productive and worthwhile workshops. This year dispite
the early u,:,loys that we have had you can look forward to a festival that
Miami cau ilv PI-ou i of . I did puss out before you a schedule and a couple of
the fliers of the major events that we will. sponsoring this year. We will
have the (ahic,;::r: U,:n,t Con,pall\ of Senegal and Saint Louis on Saturday,
December 20th. Also, Walter and Edwin Hawkins on December 21th at Gunman Hall
and we will ta! ft-at1tr3n1V IDizzie Gillespie on December 28th also at Gusman.
Now, thert. tart ether events throughout the conununity which includes the
Kwanza Oratorical conte�-t which will he held on December 18th. We have another
family paieant, ch:idren'f workshops and other events featuring the professional
local gre,,ups. Lut `' must say that we are Especially pleased to announce that
we will have with us on 26th Ur. Ruranga, who was the creator ana founuer
Of Kwaciza this .,cbr. He will be featured in a svnlpo�.ium at the Caleb Contel
- from 11 to 2P.M, a;,d everyone is invited to attend. Now, the funding this
year did come frctr Metropolitan Dade County of twenty-five. thousand dollars
along with rnonie;, from the City of Miami of twenty-five thousand. Now, I
did get a vt-ri al cor,5r., anent from N.E.A. for seventy-five hundred dollars,
also, but ve are wailing for a letter of approval. Any questions?
33 D E C 17 1980
FIN
1i
0
Rev. Gibson: r:y uju'erstancling is that the oratorical contest that they
usually have is finning itself in come what of a difficult position
to carry on the o'atc•cical contesr at 2:iami Edison. I would ask the
Commission to ask :te Administration if we will lend to that Committee the
necessary help and aide. They can... for instance, if the Administration really...
if the Administration would cooperate I think they could find the money in the
Kwanza budget. But remember you have to do it. They can't do it. Where is
Mr. Gary? Sir, T was indic2ting that the oratorical contest that they
contemplate having, was having some financial difficulties and I was hoping the
the Administration can help in someway to alleviate that problem. Is there
a way?
_ Mr. Gary: Yes, there is a wavy. I'm familiar with the oratorical contest.
This came up the inst ninute, Mr. Manager. k'here in the past the Black
Archives and a n umller of Black professionals had held an oratorical contest for
Black students in the Model City and Brownsville area. Because the Black
Archives is now having, budget problems they can no longer have this event.
However., in my ra.iew of the Kwanza Festival budget with the staff it appears
that they should �f!nerate approximately one thousand or a little more than a
_ thousand more ti.an what. the budget now states. So the Black Archives and the
professional V,17.2n cps who has given this oratorical contest over the past
four or five vear:� aie asking; approximately eighteen hundred dollars. One of
the meti'.)ars of that Co:�iittee is Commissioner Barbara Carey and she has agreed
to get half of it froi-: tU-, County and w(,uld like for the City to give half which
would be approximately nine hundred dollars.
Mr. Plutruner: l: 0at 4,or pi emotional?
Mr. Gary: No. T"!,i:, i:, i ri ,arily tc put on a fair. It requires getting the
place for ttt• rer-tal- it requires the...
Mr. Plummer: Mr. Garv, is that for promotional?
Mr. Gary: What . 1 , L ,..)-ncN•?
Mr. Fosmoen: Yes.
Mr. Plummer: That's fur promotional.
Mr. Gary: Ye, it is.
Mr. Plummer: Father, do you want to move it?
Rev. Gibson: No, no, I'm going to... unless the Mayor is going to come on
out presidi.ng..--
Mr. Plummer: Well, I move it Mr. Mayor, that they need nine hundred dollars
for promotional activities that it be granted.
Rev. Gibson: Second.
Mayor Ferre: Alright, there is a second, further discussion? Hearing none...
is this a motion for the total amount?
Mr. Plummer: mine hundred dollars, Mr. Mayor.
Rev. Gibson: No, no, just part of it. The County is going to give the other
half.
Mayor Ferre: Call tht roll.
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION NO. 80-890
A MOTION ALLOCATING FUNDS NOT TO EXCEED $900 TO BE USED
FOR PROMOTIONAL ACTIVITIES IN CONNECTION WITH THE 1980
KWANZA FESTIVAL.
Upon being seconded by Commissioner Gibson, the motion was passed
and adopted by ttte following vote:
AYES: Mr. Plutwiter, Rev. Gibson, Vice -Mayor Lacasa and Mayor Ferre.
NOES: None.
ABSENT: Mr. Carollo.
34 ^r n rJ 11
L — J r i✓
9
12. DISCUSSION OP A PROPOSED ORI)IN1ONCE TO HELP Ct7RR CRI`tE IN MIAMI.
Mayor Ferre: We are now on Item... we are now back to Mr. Lacasa...
Mr. Plummer. "H".
Air . Lacasa: "I;" .
Mayor Ferrc_: ids are now on your item which is Item "H".
Mr. Lacasa: tt*. Mayor, and members of the Commission, I believe that it will
be useless at this particular point to start reciting what is the situation
that the Ci.t.; cif Piinmi is facing as far as crime is concerned. Our streets
I recognize :Ir•v d-jv- as totally unsafe. Our residents and our visitors leave
experienced n tr,rendeus degree of insecurity and consequently they are looking
up to the legal authorities and to the government officials for an answer to
these problcris. The problem i.s twofold. On one hand we need laws and regulations
that provides _111 ui:lcs the authorities both the Police and the Judi.ciar, with
the to f ii;ht crime. On the other hand there is no question that
all of t i(,,, !>, :''v of la%,-, will be also useless unless we provide the police
with the nLct �szr,: re,:�,tirces, by that meaning basically manpower to carry on
the i11.r ltmt':lt<li ion n` those laws. On the second question the City Commission
has alrcaa r:k , r '::<±in increase in our budget. Has already approved a
promotional ca:,,:i n 1;, hire more policemen and today has approved one hundred
fifty pcsiti>:: of ?i:< t,) the Police Department. On the first question, the
question of the bode if 1;3ws, we have in our books today a certain number of
regulations that ut:'. 1,f• enforced and we ;night be able to add some more. At
this particu --ir pelnt would like Lc call upon Mr. Knox to raise a question as
to what, concrrnir.s, loitering, registration of hand guns and other
weapons ane sto cud irisk rct;ulatio:;s, we have now in our City Code and what
we have in t'..c State Statutes. So Mr. Knox, please?
Mr.. Knox: 1er, sir. Pelative to the questions that you have asked Mr. Lacasa,
at the prF!sent time the City does have an ordinance relating to loitering. We
do have a hand rc�,istratior., law and we do have sort of an abbreviated form
of a stop anci rig.?': l;�lw. Tne Florida Statutes address all of these subjects.
Now, as to stol, a -A frisk our law is much less expensive than the State's stop
and frisk law. In aiddition, the City of Miami. in association with prostitution
develo?ed wl,nt i� c<1.lcd a stop and inquire law that has been upheld constitutionally
which provict. , non opportunity for a police officer to inquire about somebody's
business. If t1he-, appear... if the police officer has reason to believe that
that persc•n n:ay not have business in the location or may be about to commit
a criminal act. T - Florida Statutes address all of these questions. The
City Code addre:;sct th,_,r: rot as expansively in some cases as perhaps it has
_ the power to "o and we believe that the City of Miami also has the power to
adopt ordinances which would expand its power relative to the so called stop and
frisk law.
Mr. Locas.: Thank you, George. So actually what we have is the following. We
have Stag-- Statutcr- covering the situation as far as the State is concerned
and consequer.tl.; the 'urisdiction will be that of the State Attorney's Office
to prosecute vic,l:,tions of thr State Statutes. However, we are also empowered
to have municipal prosecutors who could prosecute municipal violations. In
other words, if we incorporate with the same wording so as to snake sure that
we do not conflict with existing State Statutes we preempt the local municipal
governments and t,t the same time that has been tested constitutionally. The
end result will he that by incorporating verbatim those State Statutes will be
saved frnn: the :ogal standpoint of view and constitutionally wise. And at the
same time we Ui1l 1.e acciuiring the jurisdiction that we need to have our own
municipal ;rr,srcutcrs }prosecute violations on behalf of the City of Miami because
then thev ,iil t violations of the City Code and not only violations of the
State Statute. Spvcifically, 1 want to address the question of stop and frisk.
They are circumst,.nces under which a policeman on reasonable grounds can stop
and make inquires from any person that might raise questions as to suspicious
type of activities. I'm going to read and quote from a legal opinion issued by
gl
r_
D J i 71980
4 0
the City of Miami Beach Attorney on this question. And it says as this. "As a
practical matter the police might not stop, question or frisk a sharply dressed
person wondering around in a shopping area, even where the policemen knows
the person is not shopping: or in a residential area where the person almost
certainly neither lives nor knows anyone unless the officer can articulate
objective grounds based on the conduct of the person for suspicion that a crime
is planned. The Supreme Court has emphasized, however, that when such objective
grounds for suspicions do exist, the police might make a investigatory stop."
I read t.hi, ini_c, the record becau-,e questions may be raised as to whether or not
we are giving, th( pol-ic,- and two authorities and we are putting the citizens
in the prod-b-timent of being; stopped and frisked without reasonable grounds.
The Supreme (.curt, as I nave read, upheld lower court decisions on this issue.
And for me, T lr; ve c,)rnPlete confidence in the City of Miami Police as to their
objectivity and al,ilti-%- to carry out this ordinance in an objective, legal and
reasonable wa::, 't�tau: 1 do fuel that our police is not out there to harass
citizens. I do „_1 that our police is out there to protect citizens and they
have a pretty koodl record on that, as far as I , concerned. Consequently, I
have no problem, in our Police Uepartment that confidence and giving also
them the guiJ.irire that the one that has been held by opinions in the Supreme
Court, So I Irt,cs: to this City Commission at this particular point, basi.cially,
the fol.lcwi:rl;. That we instruct the Legal Department to incorporate as
verbatim the S,rit_, St.atutos governing basically, loitering, registration of
hand guns and :;t:; -ind frisk regulations in the State Statutes and that they
be incorporated a� part of the body of law of the City of Tliami. That this in
term turd result in authority to the municipal prosecutors to prosecute
violations of this ordinance as violation,, of: the Citv of Miami Code and therefore,
we no It�il�,ilf ii;?�.� t�� r'C�llnt �)ii the State- Attorney's Office wht'71 we could also
have our ot,-n r,uni c i; c:l proee, utors vorking, on behalf of the City of Miami for
this particular , trrpt,t Since w, also have a question concerning the situation
of the rc( Qr.t:,v Cuban and other refugees that might have an impact on
the situation in tt, '_'iami area I also propose that these municipal prosecutors
be workin vt•ry with tint, U.S. Ina-,igration Department to the enforcement of
recently e:;;3cteti rrt,.i .sires by the U.S. Immigration concerning the question of
refugees. I aist; that. if need be we add at least one more position
to the Les;: l )c,, r t a;rnt to st rvt_ as riunicipal prosecutor, because they might
he short of r, at:k t t: t: to ti:i:< effect. So these are basically my propositions
and want to r,dt?... r:„ I... Yes, I would like to have that in the form of a
motion. I woulci,ii ',like to add this. We have... we have at the present time
regulations roncernirri; the use of our public parks. The City Cotnrnission should
request -I=:, from. tl:c� Police Department that these regulations be enforced.
Specifically for rive next sixty days on an emergency basis. And that our
public pari;� 1,e closed at sundown and be reopened at sunrise. I would like
to make an exception in the parti.culars... in that particular situation because...
and the reasot, is this. The Domino Park is the type of park which is basically
used durini; t10. eveuing hours and what we could have in that particular area is
an increase ill polict protection and now that we have added, now that we have
added more ai(les to the Police Department effective as of practically, today.
Is that true Joe? Wc• could have the help in that particular area, but that
would be rrac_ticall the only exception. So I make that in the form of a motion,
Mr. Mayor.
Mr. Plu:^.mer: Mr. 'iayor, for purposes of discussion, I will second the motion.
Now, I would li_kc tc ask a few questions of Mr. Lacasa. Really of the Administration.
Mr. Fosmot_n, it's n.y understanding that the hours of operation of the park is
not from sundown, but 10 O'clock. Is that correct?
Mr. Fosmoen: It's 10 P.M.
Mr. Plummer: Ok, now would that... Mr. Lacasa, I'm not trying to disrupt you,
but I'm conrerned about all of the parks in which we have softball going on.
would not be finished by 10 O'clock or are we going to apply a little reasonableness
here that If the game runs to 10: 50.. .
Mr. Fosmoen: Sure.,we are.
Mr. Plummer: You know, we know what we are trying to accomplish.
Mr. Lacasa: That could be solved J. L., by adding to this particular ordinance
or resolution the word other than organized activities. In other words, when
we have organized activities that are being supervised, properly supervised by
whichever authorities. It could teachers, school teachers or what have you,
gl
or) f-
00
C) r_ r 1 71980
Mow
even City offici._,.'ls in those events that are being sponsored by the City, then
those could he accc'rtcr. What we are trying to do here Mr. Plummer, is to try
to provide a cart{ir,reF.ree of security in those public areas which are not
supervised and T thi.nk that we could recite i' need be, I could start reciting
to you a nuril er of cr im,_s haver },(-_,en committed very recently, very recently in
public parts they City of 'fiami. Very recently we hay.-, a dc_nd man in
Bicentennial Parl: nr` thi> goes back and you were there. And needless to say
that this i.s a itit{ti :i that repeats on and on. Nobody can question that we
are facing>_.
nitiy question I had Mr. Lacasa. I think the present
law is 1_0 ka: not sunset and if it's 10 P.M. then I have no problem.
Mr. Lacas-; ould like to };et it down to sunset and the problem is that
10 P.p1. r' i_1 i' N. it irrelevant at the time. Tt:c question is the conditions
iI 4.'llil::! `tt�:..r '���-iri-.� "?il= i)t�tr.'.t'in, :ilC'Tl the_'v are. unsupervised. Our ourn Police
aartr :,n _ ii. }.:, t. vc:r ,l t is ies that. they ;to not have the resources to
patrol thee; _ ir,i t�•:r quest ion is whcii it gets eiark is kh.n the` pr; blems
s"aI-t,,und-xTi rathor than 9 CAI" 10 or 11 0' clock
and 1 T r:>r t. f `, i_i.11,; L•. hiC- ude?d 4 n this re:,Aution the exception for
st�pc>rvi,:rd r� .ti. it ort..{t�i:.c d spats activit.ics or any other.
Mr. Plt:,:,,:cr: 1..' _.nt,.rtaii. t}:e ,,ording that says "the latitude is of the
Admi.nistrr:t'i .,n, taut_ :i t. t.� exceed 1.0 O'clock. Would that be alright?
Mr. Lacas:.. 1'.:st c ot1,u be alr4).it.
Mayor ierr(2: eii., i t' ini. the intent is clearly spelled out. In other words,
let.'s take' .j 7- ,e ., , „.c: Vi rri ck Park, you know, which Elizabeth Virrick is
going to b-' h,:-e let}< to talk to us about. I mean, we know what's
happenin , li.t: ;.r .'( ?t's beccriing a place where drug transactions are
happening: ill hours of the night. Now, I think if there is
no or,4ar.i;' :7 ',C' .', 1 a: ink; c:_t that the Ci ty or some other organization is
sp,)nsci. in;; :.,. cuF::r. c1, ze dc�::,t that: park when the sun goes down. I see
nothir,, . tine only thing that I would like to request is
that wc p11' i I.l; r " = • -3--a ;a, of may: be six months on this and then
COP:e backIn s is i:1O21t11S.
Mr. Plumper: He sci;Ld ,:xty days.
Mr. Lacao-a: 1 s<,i.. sixty days. I said sixty days.
Mayor Fer~=' : days. nk . Because as.. hopefully,...
Mr. Lacasa: Anr let'c see what happens after sixty days. Let's see how effective
they are. I c-)uld add a number of parks. For instance, the Juan Clemente Park
is a park t}r t... it ".as been called to my attention several times that they do
have the �;r.rw r.i.,. oI ;Irob'lem as far as drug transactions are concerned. Roberto
Clemente and -It gocr cn: and on and on. So, I think that it would be very
berjef i c'_.3i i f , e } :vt it for abc;ut :sixty days. We tell the citizens this way
that yes, v.. nr, co::i t. rneii, that yes, we know that we have to act. We tell the
police tha: ,«, :err ,el}.porting them and we are expecting then: to implement these
laws and then we i,,view the situation within sixty days as far as the parks are
concerned.
Mayor Fern,--: We l_j-, r cna, you have to post ... you realize that once you make this
move you arc going to have to put signs up at those parks.
Mr. Plummer: The, ._arc' there.
Mayor Ferre: At siit:um rn?
Mr. Plummer: No, i0 P.M.
Mayor Ferre: Yes, :gut you see...
Mr. Plummer: k'hatever... but that was giving the latitude to them that if they
change the 10 P.M. deadline, they would have to change signs, of course. It
have to posted.
0
Mayor Ferre: Yes. Now, that's the other point I'm trying to make. Father
Gibson?
Rev. Gibson: Mr. 1,1,ayoi and members of the Commission, I brought this matter to
the attention of the
conansion some time ago. I think in our City parks what
we need to do and c"nC:a:y
to what the Police Department is saying. We need to
fence that park in
and w en the deadline is there, if it's 10:30 close it down.
Lock it up, Nn , s
l:n.c:. people Gay "well, that's being... hey, man Mrs. Virrick
is goinq to ccm" i •
r. t is a � li ternoop and ask you to take her name off that park.
If I were Eliza with
t:ivrick. i would do the same thing. It doesn't make sense,
hecause the pr(jdw
win, 14c in that neighborhnod continually complain. I brought
that matter to vhj5
o n:n ission before and I brought it at the most critical
point in thu rigwnd"
ind that is when you appropriate money. That budget. No-
body listen O :_. n
. i say that: ynu got a fence there, make the fence high
enough. If it i, A
Piz foot: fence, make it eight foot. I'm going through the
same thiny "ALL t:A
churLh prnperty. Put it there, lock it yip. Anybody who
has got to play a- i-r
10: 0, roan, he is playing the wrong kind of play. And I
just t.eliq,,L a,.
._ �.'i: be all things to all people. Now, I don't know about
the Latin ni : . ' : cnnA
; don't live there. I don't know about the 1tihite area,
because I dun'k 1.ve thole. Now, if you want to puss a law discriminating
against me, 1 want
V so that you lock those doggone parks up where we live.
Now, how you do that,
1 icn't kn_w. But the simple thing, is to put a doggone
good gate up there
and lack it. Hun has a good fence and good gates around
sr_irrup Tin -a. nn
."owli so that our church is about to try to gut the same kind
of thing q- inp . Ape
1 ' : saying to yo1.1 we could lock it up. If you go to some
of these places that
k roat : .all t.hOSe problems for us all you got to do is
lock them up aw rok.
the position if you hrepk down that fence and we find out,
we know who yc,u <,t c
... will dc• the other thing to you. Now, 1 ,just think...
Hey, man, I'm for _=cu.
I helievc, but I just: believe in addition...
Mayor Ferre: LW. nnnrpurito that into the motion.
Rev. Gibson: And ! -c . up the darn thing;.
Mayor Ferre: And LhOt is that the Administration come back with specific
recommendaLions .and cost of what it would take to go to a six and a eight foot
fence with Croy : r locks and doors at Virrick Park in particular and any other
park...
Rev. Gibson: Right.
Mayor Ferro! ... that you might consider that this is necessary for. So would
the maker of the motion accept that?
Mr. Lacass: :'_s, I would.
Mayor Ferre: Alright, would the second...
Mr. Carolle: Can I get my turn?
Mayor Ferre: Yes, sir, you always have Mr. Carollo.
Mr. Carollo: Thank you, Mr. Mayor.
Mayor Ferre: This Chair has never denied you the right to speak.
Mr. Carollo: I appreciate it, sir. I have realized fully that my colleague
and the i:.:u"insion and Commissioner Lacasa, is somewhat of an expert in laws
of stole sko irlsk ,and laws that curtail civil rights since he had ample
exporivnt, al.tn ho worked in the minister of labor in Castro's communist
government in coha and for those of you that don't realize or don't know what
the minister H IA6or did in Cuba, they were the individuals that helped
confiscate and rnt!nnaiize property and at the same time enforce stop and frisk
laws while tLcy writ doling this. Including American properties such as the
Pepsi Qla Cnnpanv and atherb. Now, I find it kind of shocking that just when
we are t;ut t i iA poma aK i t ional help in law enforcement the. Governor has sent a
hundred troo cry ?n our tevo---they will be arriving shortly, this was announced
just yesterday- which is going to free a lot of our law enforcement officers
to help curb cilwt in many other areas. Since the troopers will be handling
most of our traffic, our accidents and problems, that a motion of this kind would
come �&01, tt.t. (At.v C.comamission. if the Cite of Miami has been able to survive
F.1
3V
I
for all the years that it has existed, being able to enforce State Statutes like
we have now and that has been enough for our Law enforcement officers to follow,
I kind of find it very ironic that all of the sudden now we want to add additional
work loads to our Cit; Attorneys staff which George tells me is extremely, extremely
busy, his office and appoint rit.inicipal prosecutor to do the job that has always
been done and ri,,htly so by the State Attorney's office. This leaves a sour
taste in my stomach since... you know, when you talk about stop and frisk laws
you are talkinf; about some: very serious laws there. And the minute that you take
that power away from the State Attorney's Office and you bring it to local
government that's when ,-.ou ,:tart getting politics involved in that process and
I don't want this to turn into a very political process. I have felt very
comfortable with the State Statutes and having the State Attorney's Office
handle: those cases for the Cite of 'Miami and that is my opinion. At the same
time our City_'s park-: cortainly do have a law now that they -all be closed down
by 1C:00. I don't see wl),it a couple of hour; is going to do in changing anything.
On the cont.rnrv, T thiu,- whet we- are going to be doing is 01scriminating against
a lot of our ctti�•cns that use those parks up until 9, 10 O'clock in the evening.
A lot of our childreii, nur teenagers use those parks for very good purposes.
Playing baseball, ;o�tl,,,J.1, other good constructive activities on weekend
evenings and if we are going to tell these kids "no, you can't do it"... because
it might be more '[easiblu for some members of the Commission to come with
rhetoric at thi_brie that is not going to solve anything, but it's going to
impress a few voters for neat vear's election campaign. I think that's very
shameful anal vor•. and the otily thing that we are going to accomplish by
starting to 1.,e down our parks earlier than the time that we already have
put as.idc for n,:iii; vears, i,, that we arc• going to create the wrongful impression
acr()SS the ratjoi, ,mJ `ik ross the: ocean to the people that come over here as
tourist and lf.av- a I(- u: dollars in our city, that the City of Miami cannot
protect _i ci t,. or it-, i :irks and that we are in a bigger crisis than we are
today. And tfuit s really going to be hurting us where we would least need to
be hurt. This is thi, reason that I am against this motion that was proposed
today.
Mr. Plurier: Mr. Ma -,or, everybody else has finished, I will reserve....
Mayor Ferre: No.
Mr. Plummer: Nc,?
Mayor Ferre: No, I...
Mr. Plummer: I wovId like to speak. I will wait my turn.
Mayor Ferre: Well, we would all be happy to wait. If you want to speak now
I will wait my turn and be. the last.
Mr. Plurmier: Alrik;ht, sir, let me go ahead. First of all, Mr. Mayor, it is
my understandinf! that the first part of the proposal is nothing more than
the City parelleling the State Statutes which it presently does not do. Is
that correct, Mr. Knox?
(BACKGROITN) Ck)*n' NT OrF THE PUBLIC RECORD)
Mr. Plurrzier: Alright, sir. I have no problem with that at all. Second of
all, it is my understanding Mr. Knox, you correct me if I'm wrong, that most
likely the State Attc,rnev's Office would welcome some help, and if I'm not
mistaken, presently the tov:n of Surfside has it's own municipal prosecutor
and I think one other town, if I'm not mistaken. Am I correct on that?
Mr. Knox: Yes, indeed the City of Miami has its municipal prosecutor also.
Mr. Plummer: Well, brit it would give more strict attention to not just this
particular area, but other areas and it would seem like to me, I could stand
corrected and if so, that the State Attorney would welcome any help.
Mayor Ferre: It'6 already been done, J. L., you know that.
Mr. Plummer: That can be done.
Mayor Ferre: Yes, we passed a motion to do just that.
gl 39
i 198D
e
Mr. Plummer: Alright, third.iy in reference to the parks. 1 think that the maker
of the motion 'has accepted the latitude of the Administration making the determination
by adding the words "Or,>.anized activity". By the latitude of the Administration
making the detcnilinatlnn r>rld I say that because the immediate thing that comes
to my mind is tt,.'.t Domino Park, the second most used park in
this Citv i-z not cchlt v . k,ould call City orpanized, but is Kennedy Park and that
thing is u5,>,l r.-re.' n(1() 1,., b: the people and I would hate to see that closed at
sunset. I thi.rlk oler f i rer,en would go on strike, because they have physical
activities tht-re ivt'ry ((,(_n1ng:. in that latitude I have no problem with it. As
long as the lath ud(' "i , 01OT-C. Tl,t- f [nal poirit that I want to make was that I
think what we aI r,'a' l r,av i,lg; is that ve waist to give to the Police Department
every trol vi'.'riin r: r3sou It le bounds to use to help overall problems that exist
in this toi.ri .,;, i it's ,t to i)e done. with r..oder;it.ion. It's got to be done
with disCr(,t" i : n and i T) hande(i f iiirness, because if it doesn't it would be
the niust that could happen and I would hole that, that would
be implied. 'flint tills new latitude would in fact, the great responsibility that
most be ca1Li•_r' wi?'i it, 11lar -:t,ii gust apply it with pre. --at discretion. And I
have the same c• n t ic, nc ' in lay Police Department that they will do such.
Mayor Ftzrr,.- .Slr'F'Ilt, -t.lv Other sLaterient5 by m(mbers of the ConJnission? Jack,
I'm going, t, ,Oiz: .0•i in r:c:ond, but before I do that... J. L., what you
said was exac,,1% ;:ic,.11y, what I was going to say with one area that you left
out.. 'Father t;l .': it rt:Cu,,,st for tt',e addition of proper fencing; is also in
keeping kits, lh;it 1"11r-)ac}1. Now. we are not deciding on an-,, fencing at this
point. ):11 e. r' ,,: t i` 1. nf, is the %.'MiTliStrat iOrl come hacl; with a specific
proposal wit} V1 r:i,:k j',rl and others that tIley might consider anti the type of
tenCi:ll;, Cli:. lilt'. tl;t' CO3t_. I tiGn't this 1s all admission of defeat.
Nor is aC ii11 ;!1T. it tl „i We can't control the situation. I think what it is
is a Icict of uhc:re we li•-e- and what the circumstances are.
Nov, Ici_ i(1u 1ific. :iiami. is r.nw being called around the nation as
the dru,; t_at'i t,, If t'?c l':lited 5ti,te� . I think probably what is meant by that
is tk:a-- nearc=t- );cc,f_Iahhic point to the Caribbean and South
AnierLca whEsir t?(: nlari l,!F aiI:1 s(meheroin are F,l ourn and process. And
it ib i1 ' C?t?}:,; I,a L tht"St ru,: _ art: cor,_in lie . (_ by iou—,ly if the kids
ill ;111.i wci c' ' L) 11,;u : ny c)ne of the druf! Cat ches that
the Lr,l�; -:,t r t t. ra , c n y h3ve hct-n able to find thi: place ... in the first
plaC,e rv'er': c'3G be, .?U5(' nobody_ Can cc,iisumc that amount of (bugs.
_ So that aI•C coming Ltiroukh Florida to other
parts .,C' C':(? Ilt)L it3'✓t:' ii Ca)a�t. l',l,3rd. �ii don't have airplanes
in clur PoI.,�. _ � ... e Icy Iot. ha'. c tlu- cag),ibilit_y ,,f doing the things
that neet'.� . , i.:. Ilk ritr > tr ILCL ��i thin the Police Departnu>nt of the City of Miami
and this }>rohlem. Now, we talk about refugees. This City does
not determine the rt ii;n Policy of the United States and we have no control over
these type c.f ;)I ) i s3 We have a hundred thousand refugees that have come into
this community. i:i;_i,t V Lhou.sand from Cuba and over twenty thousand from Haiti
that are iivir,;' ir, t+,a; c0171111:unity. We are all aware that the vast majority of
those pcopl,! :-r,, ;,.��11, sL, decent, hard ,;orking people Chat want to make a living
under a Inn; of : rvedorn. We also knew that Castro emptied his jails out. We
also know that ti.ei(° are five or ten thousand people, may be, or a thousand that are
roaming; this_ 'r,nr,t;y, .!�ost.ly in this community and this city that are causing the
kind c,f c.r:!. i, ,ct ti,at we ,,re not.: discussing. 7?lese are special circumstantial
situations. W, ila(, a riot that started on May 17t11 which is something that has
occurred in tilt, ha:;t.. :'he last time we had one was twelve years ago. But I -
think. t::at a tremendous amount of tension. The Police Department, Jack
can, of courst-, vvrify tnis--- can tell you that sine(_ the May riots every time
the phone t_al]s have just gone up tremendously since the advent of the Mariel
refugees, p'.,,c,rke callt,. Every time a Latin male is found walking on the street
near houses of whc is not a Latin, an Anglo, they pick up the phone
right away and call t},L• Police i),_,hartnient to say that there are two suspicious
characters wnik.inl, out on the street. They same thing; is true with Blacks. Any
pair of hlriCk! t i:t1 is walking; in a rion-P.lack neighborhood... and I can document
cases for you ,)f pec,pi ' that. arcs City employees that are filack. that walk in non -
Black ne[j?,hhorl,u0.1 anti immediately you have ladies calling; the Pulict Department.
Because OwN, giro COI)ctzrned of two Cuban refugees or two blacks or whatever they
may he. loi terii,�, :,: uti the neI fjil ,orhouds. Now, we live in a cormiunity that
has very sl, ti,: ii:.i>lems. We have gc,t to address th,,si: special problems. There
- is no dui,.k isr;::n,. r . They is no one solution. I this k this is part of the answer.
I thil,k i t 's ;t �,, . ,i cffe� tivcr s( (-f, ivL-ward. Ti,at wu follow State Statutes so
that We .,,, r .' ! l t' 1 t, i t i, t iie � t 3t-1_ . Tslat we.- add an additional pr usecutor to
prosecute our owil tlitlinancus under these new laws. That we study the fact of
fencing in lark_ ,nd brat we curtail non -organized type of activities and obviously,
you have g.c:t to ut-t• t-olnlr,on sense-.
bl 40,
'J 1 .
A
Mr. Fosmoen: Yes, sir.
Mayor Ferre: And with these... with that as a basis I really think this is a
good step for..,ard .
Mr. Plummer: Mr. Mayor, a comment was just made by someone who has expertise
in the Police Department and i think really it might be well said here, that
comment just made to me. Th,it this Commission is trying to afford the tools to
the Police Department, to do it:; job, hi -IL the overriding factor that must be and
I know is cons t,;n t ly h:�muaervd in by the present Chief that if you abuse these
tools you will lose th su tools.
Mayor Ferro: Alright, Mr. Sullivan?
Mr.. Sullivan: Fist, 1 would like to think the Commission for the support to the
Department th;it. w•:3s .11-lown '_his ;;corning by the addition of the hundred fifty
personnel to the F.:-�.A, and the others. Also, under Code 37-1 it states that
misdemeanors in S:_,,tc i.ows will also be considered misdemeanors in the municipal
ordinances. 'lie prc,l :c_n, wc: have is when we. do arrest them we do need that
City prosecutor, ;:rir,cicdy thurE. full-time. We may need more than one that can
advise the ,,(::c-,ple on the street as to whether they do have a good violation they
don't ha%c i cu:' viola,,-ioii. Very possibly we need more, more qualified people.
We also need the plac, once we do ger_ them that we can incarcerate. them. The
jails are are we going to puc them? "Ihat's one of the problems
we are facia,_ and this U-w Commission cannot do anything about.
Mayor rrI `;: f_.oina; to address myself to that in a moment.
Mr. Suliivr.n: '.L d,) need qualified people in the State Attorney's Office can't
give ther.i to U.S.
Mayor Feiru: :',liihl;t, thank you, Jack. Alright, further discussion, if not call
the roll., hi c ..ise.
Mrs. Chary:, Storkv,-: I am a taxpayer in the City of Miami and have been for
many year:;.
Mayor Fc-: i e : ; . _: i d , ,,; i,jve us your name and address'?
Mrs. Churl ,: SLar',,uy: I'm Mrs. Charles Starkey. I live at 200 Southwest 50th
Avenue. We c:lsu rw., and have owt:ed property in the Little Havana area near
_ Domino Park an:;liavt., owned that since the 50's when we lived there. I have
written a two pagc lutter that: each one of you City Commissioners have received.
I have sent out fifty copies of this letter to various City/State/County and
Federal off ic;::IS r,,it,rciing our situation here in Miami which is unique. There
is no othe:'t pl ;(t- in tht- 1'nitec States that has had the problems that we have
had in the City )t Miami since the influx of all of the refugees. Haitian,
Cuban, what have you. Including the criminals that Castro has sent here .at his
request. 1.t, own property in ti;e Little Havana area near Domino Park. Domino
Park hoi,ccns to i,e , rie of the areas where it is a high crime area. There are
crimes l t ins. c.,,.;;:A trod. 'I'liere are drugs being sold. 'fliere are per,ple being
robbed. Tncluding The Domino players who are afraid to open their mouths for
fear of retiiliatiorl. The merchants on Southwest Sth Street are hurting because
their busirw•sh 1-is tiroppud off tremendously since the influx: of the Cubans in that
particular :r.a. 1 11c:rr,t,nally leave been robbed. We have had our storage shed
at that pro,-,t•rty Irokun into three times. The police have been extremely helpful.
I have ha('. th., police there everyday for a week for one reason or another. We have
had tresp,ssers arrc>5te'd on our property on Friday evening and they were turned
loose on Saturday morning. 1-tic parking lot for the Tower Theater is adjacent to
Domino Paik. Tntrt was a dead man found on the sidewalk by Domino Park. So, don't
tell me that homino Park is not a part of the problem.
Mayor Ferree: A1rlT;ht, Ma'am, thank you, very much for your statement.
Mrs. Starkey: lh6nk you, very much for your time.
Mr. Carollo: Mr. Mayor, if it's appropriate at this time, if not I will bring it
up after we vote.
Mayor Ferre: Is it in reference to this?
81 41
C ,, i980
f 4
i
Mr. Carollo: Well, it's in reference to Domino Park.
Mayor Ferre: Go ahead.
Mr. Carollo: Approxim<atoly two months ago on a motion that I made this Commission
instructed the Administration to put a fence that would blend in with the park
around Domino Park, r�C_I-e and put no parking signs on both sides of the streets,
put additional Lifhtini; which only a couple of the lights have been changed there.
Nothing has been done with that exception that a couple of lights have been
changed and high ciiirw del,sity lights have been put in two place and in fact,
the parking lot. 1 elhin,l Dui-dnn Park where the majority of the problem lies which
i s owned be at inn of our City Ordinance since it is not lignt
properly whatsouvc-r stilt has staved the same way. Mr. Manager, can you answer
me any of these
Mr. Fosmoen: I wil? Liavc a report on the status of that for you when we come
hack from tht_ lunch brk._a:< Commission.
Mr.. Carollo: jell, I 1:ould just certainly hope Mr. Temporary City Manager, that
before January 22ild V'1,1°1) W(_, ;meet again to discuss other things, that this problem
would be solved. I „gin, the Conunission instructed the Administration at least
two months ago, if rot muiv, to do these things and nothing has been done with the
exception of a couple ;)f street poles to be changed. This is outrageous.
Mayor Ferre: Are there- further statements or insults? Alright, if not, call the
roll.
Mr. Carollo. Mr . ilayo,.
Mayor Ferre: we have a further insult, go ahead.
Mr. Carollo: ... uniess, you know, I'm wrong and you already have your third
vote for the City Manager, I stand corrected. If not, then sir he is a temporary
City Manager.
Mayor Ferrc. Is there further statements to be made? Call the roll, please.
The followin),,100tion was introduced by Commissioner Lacasa, who
roved its adoption:
I-IOT10N NO. 80-891
A MOTION OF THE CITY COMMISSION INSTRUCTING THE LAW DEPARTMENT
TO INCORPORATE INTO OUR CITY CODE PERTINENT STATE STATUTES GOVERNING,
BASICALLY, LOITERING, REGISTRATION OF HAND GUNS, AND STOP -AND -FRISK
REGULATIONS, WHICH WILL RESULT IN GRANTING PROPER AUTHORITY TO
MUNICIPA1. FRoSECUTORS IN ORDER THAT THEY MAY PROSECUTE VIOLATIONS
OF OUR COPE LOCALLY, WHICH WOULD ALSO REDUCE RELIANCE ON THE STATE
ATTORNEY'S OFFICE; FURTHER PROPOSING THAT THE MUNICIPAL PROSECUTORS
WORK VERY CLOSELY WITH THE IMMIGRATION AND NATURALIZATION DEPARTMENT
TOWAJUj THE ENFORCEMENT OF RECENTLY ENACTED MEASURES BY THE I.N.S.
CONCERNING THE QUESTION OF REGUEES; FURTHER PROVIDING FOR
THE ADDITION OF ONE ADDITIONAL MUNICIPAL PROSECUTOR TO THE LAW
DEPARIM•.NT STAFF TO ALLEVIATE THEIR BURDEN; AND FURTHER DIRECTING THE
CITY OF MIAMI POLICE DEPARTMENT TO VIGOROUSLY ENFORCE EXISTING ORDINANCES
GOVERNING USE OF CITY PARKS, ESPECIALLY, DURING THE NEXT SIXTY (60)-
DAY PERIOD AS AN EMERGENCY MEASURE, CLOSING CITY PARKS AT SUNDOWN,
WITH THE EXCEPTION OF THE ANTONIO MACEO PARK (OTHERWISE KNOWN AS
THE "DOI,II'\O PARK"); AND FURTHER GIVING THE CITY ADMINISTRATION THE
NECESSARY LATITUDE TO DETERMINE THE EXACT HOUR OF CLOSING OF A GIVEN
CITY PARK WHEREIN PROPERLY ORGANIZED AND SUPERVISED ACTIVITIES ARE
TAKING PLACE, BUT NEVER TO EXCEED 10 P.M.; AND, FINALLY, DIRECTING
THE CITY MAINAGER TO COME BACK TO THE CITY COMMISSION WITH AN
ESTIMATED COST FOR THE INSTALLATION OF FENCES, GATES, AND LOCKS, AT
CITY PARKS k'LiERE SUCH MIGHT BE DEEMED NECESSARY
Upon being secondt-d by Commissioner Plummer, the motion was passed
and adopted by the f(A lowing vote:
AYES: Mr. Plunrner, Rev. Gibson, Vice -Mayor Lacasa and Mayor Ferre.
NOES: Mr. Carollo.
ABSENT: None.
gl 42
GEC
N
4
s
13. A MoyinN it 'r:1.Q11ST GO E1Z",aR
MFEUNG 10 1'•h 1?i:LD IN '•1IAM! ,
i)IS(.i�S,S Tlfl� ri'i.`iI"1i. -it; Iit:l
GR:VAN TO CONVLN'E A ? AjOR SL C41T
EITHER IN .T NUARY UK Ui;::t'i'RY, TO
}:' 1.
Mayor Ferry: Alripht, now at this tine on a related subject I would like to
recommend to the CocmisNlrn... I have written and called the Governor's
Office. You nue, part of the problem in this whole thing is that we only have
a very small portion : f the Lot:al rsicture. Jack Sullivan mentioned prisons.
The whole- prison systcm in this community right now is under Federal mandate
by the Courts to r e i rase K .iI one'r:, because there are about five hundred more
people in the svgtY6 Than the system can possibly hold. The meantime, Metropolitan
_ Dade County keeps "re -in; about where to locate the State Prison and we don't
have a State Prisop ocrause of that. In the meantime, we have over five hundred
Mariel, evir'p"tly N iriel related peoplu in jail or close to it. Lt goes up and
down, but it's i ecn Iw high an five'_ hundred which are: impacting on the process.
Now, in the I:uw,_n'=K , wo are tryjog to convince the Administration to pick up
parclees who are vie 1at. iAg Their parole status and put them in a detention area.
We can't define the detention area. We want to use our jails and stockade.
We can't do that. Q Lhey are being shipped may be up to Atlanta and so on and
on and on. Then when we put people K prison we have got a Parole Board in the
State that gown arownd relensing people because we don't have enough space and
then we have a Stage Attorney who takes a certain approach and on and on and on.
And the problov jy that : omehow we are not putting it all together. Now, there
is such a thin,' a5 thy° Criminal_ .Justice Planning Council. Now, the Criminal
Justice Plannin; C"until does a line job in the planning process. We have another
organization cal:,' ' K- CriMir,ul justice Coordinating Council which is Chaired
by Jud e CowArd, % w tiedy do a good job of coordinating local agencies on
not very '; Qn i i i c, r : P ;t tors . 1 mean. they are very important, but they don't
have l-onf,, 'IT, ;?ia';:`r ii part. We also have something called the Greater Miami
_ Crime Commi_t.; ,-•:, they are beginning to gear up, but they are having money
problems. NOW, 1 tKnk— What I'm recont-,ionding is that if' we have time to have
a Cbci%can (a ilerunco in Mimi or if we have Lime to have a Trade Fair of the
Americas or the t.cvt r�r-r ras ti:-:C to spend three days in Columbia talking to
government ofiicial in Coirmhia about drug related problems, then certainly
the Governor hap time to spend three dayk in Miami talking about crime in Miami.
And l would recoLo.nn Mat :-owething happen that has never happened before and
t:hn t iV ti,._ t 0. A rtor UMC here and set an agenda and call together the
Speaker Of tK Hi,t ' 1prida, the President of the Senate of Florida, the
Chief Justice of the Spreme Court, the State Attorney, Janet Reno, the Chairman
of the Parole Roche;, tbo Attorney General of the State of Florida Jim Smith,
the head of the State Prince system, the head of the local Prison System, the
various Federal : gv"cie ; , the various major Police Chiefs and the Administration
people and L t or ate,, nda t i short tell and long term goals and lock ourselves
up in a room it in take, one day or five days or ten days and come out with one
or two or three vintiv nteps forward. Let me give you an example, the Meyers
Bi li . The -s till as you knot; has been in existence now for some... How
long, Jack? Sure" or eight years? 7111cre was a time when, when the police
found some: c, — dro"K in Downtown Miami they would stop they, they would put them
in s paddy w.Ig;•n, take them to jail until he was detoxified and thev would
release him rh:_ nwxt r1;,_' and no would he charged. Now, the police can't do
that brcluw the' !eV,'r:. hill says that drunks are not criminals. So you can't
apprehend a drunk .,uyr;vre- he or she is a sick person and therefore, has to be
treated as a sick ,preen. However, the Legislature forgot to give us any
money for that. K" as a consequence• the police have precluded from taking them
in. The `it at V Olen ur t.il ns about it, nothing is happening and some of these
drunks in Downtown are the- same guys that are panhandling and that are mugging
and rohbing. anj gVL L&y involved, So what we are doing is we are taking away
tools from tit.: P011-C Department. What to do? Well, Senator Meyers is no
lunger in the Font;t< , tat wr need to call our Dade Delegation, but we have got
to go up morp than th t , See it's Kot to he part of the Governor's Bill. The
Governor 'hAn to rr:,nv t these things and then the State Attorricy. I have talked...
I happen to think that ; anc t Reno is one heck of a fine State Attorney. If
talk to her bi e will 1.11 vau about... she will =tart, she says "well, how
long do you wy%1 ? 1w yG, want a five minute speech or a five hour speech? Now,
we will SLhrt... ii yr_,u want a lung one I will start out with the Educational
System in Dade County." An 1 say ro her.., you have heard this time and again,
J. L. And I _O- U, jarat "well, Janet, you know that fine, but you know,
you
keep compla"I''g 1 keep complaining. People blame you, people blame us,
people blame and WC have nevef bccn able to get together in this ... that I
know of and f:OLLon all ,_-f the players together in one room, to discuss what it
4 _ etc 7 19ao
is we need from the Legislature. What it is we need from the State Attorney's
Office. What the Governor's Office should be doing specifically." And I really
think that it's time for us to call a major summit meeting of the main players
in this State to talk about the Criminal Justice System in Dade County and I'm
not talking :about tilt *2 guys and I'm not talking about the Governor sending
somebody that's in his office that he has assigned this. I'm talking about the
Governor himself. And I would like for... if somebody would make that motion
or if not, I will be happy 1-o make the motion that we invite the Governor to
call such a summit confurence officially in January or February with some kind
of an agenda that we would be a part of helping to establish.
Mr. Carollo: I have no- problem with making the motion for you, Mr. Mayor, if
it's alright.
Mayor Ferre: Commissioner Carollo, makes the motion, is there a second?
Mr. Plummer: I second the motion.
Maor Ferre: Alright, further discussion?
Mr. Plum-oer: Mr. `tayor, under further discussion let me emphasize two points
which I think Sues right and doved tails with what you have said. The State of
Florida ver% hoastfull,�• snv= in the Department of Tourism and Commerce and they
tell you in glowin, tt.rr-c; how twenty-five hundred families a week are moving
into the State o+ Florida and we are proud of that. It shows that we are a
Country or a State that: i', expanding, but what it's not saying is that if you
take and multi; lv tlwt: twenty-five hundred families by fifty-two which is the
total nuTT.J)Pr tirlit MOV0 into the State a year and I think it would be reasonable
to sa"• that lift" P<.r-_ nt of them are coming to South Florida and then you
realize that e nt-w l:ri:�on facility has not been built in ten years. So you
multiply that fi,r,ur<•I:. ton and you see the tremendous amount of increase of
people. Now, -:hell ,. nu h: ve that tremendous amount of increase unfortunately,
_ there are t_oir:;; to I�L h :;t who are pruned to doing the wrong thing and as
such it requires u:,r systenr or ju;;tic:e to be brought into the act. I think
that we need to insi ,t: that scinre facilities be built without question which
have nut been ')uI It in ten years. Mr. Mavor? Jack, you tell me if I'm wrong.
It is my under:-r.anc?ir, tl;;rt at the juvenile detention facility, that there are
presently frc;i t(-- frr about two hundred give or take, that it is an understanding
to the Pali ce T):: hac tn:_ nt ti today that if a juvenile involved in a criminal
offense is not involvt--d •.,,ith injury, don't bring him.
Mr. Jack Sul.11 van: Ycrr are entirely correct. That's Senate Bill 409 and it's
being... and it's in the part of the 409 Mayor, that went through on a clean
up hill at the end of the session last year and unless there is a injury involved
you do not bring th:;t uvenile there. We have gone through the cycle of taking
them to five different places in order to incarcerate a juvenile that's been
involved in a crime, however, there is no injury involved then nobody would
accept them.
Mr. Plurmaer: Well, what I'm saying, Mr. Mayor, it's my understanding and Jack,
please correct me if I'm wrong, that a juvenile can walk up to you, Mr. Mayor,
stick a gun in your face, take your money and as long as he doesn't injury you
they won't take him. Is that correct?
Mr. Sullivan: If lre has weapon it throws a little bit different light on it.
However, he can intimidate you without a weapon, rob you, strong arm you, without
the presence of it weapon and they in all probability will refuse and tell you
to cite hin, and let brim come to court on his own.
Mr. Plummer: Now, if that isn't enough, Mr. Mayor, to reiterate what you are
Haying to... that problem has got to be addressed in this community, got to be.
And I think this just strengthens the position of what you are trying to create.
44
, , ... -- M
r,
Mayor Ferre: There is an old saying which
I'm a great believer of. I'm not worried about my enemies. I'm concerned
about my friends. I know where my enemies stand. And the problem in all
these things is that when you build laws like that you know, sometimes our
friends cause more problems than our enemies do. It's unbelievable that
such a law could exist.
Rev. Gibson: Mr. 11,tayor, I would hope we are conscious of this also that
there is always the fight, you build that facility, but not in my area.
Mavor Ferre: Tb at's right.
Rev. Gibson: That is always the fight. We would have had a facility in
_ Dade County. All. of you who have been here any length of time ought to
know.
Mayor Ferre: It's been going on for five years.
Rev. Gibson: That's right. When they pick a site you say "sell, no,
you know, not here". "Pick a site... Oh, no, no, not here".
Mr. Plummer: Well, Father, that then comes down to the problem that says
the State is insisting that they be built in residential areas. That's
the problem.
Rev. Gibson: But J. L., whether it is or isn't,,. Look, note, whether
you build it in a residential area or whether you build it in the boondocks
the fact remains we don't have the facility. Somebody ought to change
his way of thinking.
Mr. Plummer: Agreed.
Rev. Gibson: That's all I'm saying.
Mayor Ferre: Alright, I think we have got to move along. I think we are
all, I think, '_n agreement and I think the point of it all is that I really
_ think it's time for us to ask the Governor to get all these top people
_ in one room to talk to each other, because what Father Gibson is saying
is something that if the Governor and the Speaker and the President of
the Senate and our Dade Delegation are in one room could hopefully be
accomplished. So without further ado if there is any other statements.
Go ahead and call the roll on that.
The following motion was introduced by Commissioner Carollo, who
moved its adoption:
MOTION NO. 80-892
A MOTION OF THE CITY COM2,11SSION DECLARING THE DESIRE
OF THE CITY COMMISSION TO REQUEST GOVERNOR GRAHAM TO
CONVENE A MAJOR SUnMIT MELTING TO BE HELD IN MIAMI,
EITHER IN JANUARY OR EARLY FEBRUARY, TO DISCUSS THE
CRIMINAL JUSTICE SYSTEM WITH, POSSIBLY, THE HEREINBELOW
NAMED INDIVIDUALS ATTENDING SUCH MEETING AT THE SAME
TIME: THE SPEAKER OF lliL HOUSI: (S 1'ATI: OF FLORIDA) ,
PRESIDENT OF THE SENATE. (STATE OF F1.ORIDA), CHIEF
JUSTICE OF THE SUP MIF COURT OF FLORIDA, T11E STATE
ATTORNEY -JANET REDO, THL CRAI RMAN OF THI PAROL
BOARD, THE ATTORNEY GENERAL. OF `Idh_ STATE. OF FLORIDA
-JIM SMITH; THE C11117F OF TIIE STATE PRISON SYSTEM,
MEMBERS OF THE VARIOUS PERTINENT FEDERAL AGENCIES,
THE VARIOUS POLICE CHIEFS, E,ND TIIL CITY 'S ADMINISTRATION,
TO DISCUSS AN AGENDA OF SHORT AND LONG RAJNGE GOALS.
Upon being seconded by Commissioner Plummer, the motion was passed
and adopted by the following vote:
AYES: Mr. Plummer, Mr. Carollo, Rev. Gibson and Mayor Ferre.
NOES: None
ABSENT: Vice -Mayor Lacasa.
45
� ,+,ram r �,,, •r,.=
L ;Iiiti ON CF%SI?S COUNT.
Mr. Carollo: 'ii . (-,ii or, if I uiav, since you just made a pocket motion
make anuther �jtlirfc nc,n-controversial pocket motion. The Census Department
states that tht,,,, t.Ft-i:-,mting our population in Miami to be approximately
three hundred shirt`:- ive thousand which is even iess than the first
estimate that thc,y came out with originally. Mr. Mayor, as you have stated
in the pr., t in, w,- all have this is totally ridiculous. The population of
Miami titan Chat. In fact, I would go on the record saying
that it':� ter:)hri1 ' :'loser to four hundred fifty thousand people. Now,
they a a.cr;a in, t-iiat we have approximately 2.2 citizens per house hold
in the Cit.: anci anyone that knows the least about Miami has to
realize it ; t.• t.:i_'• :l, rd. Now, the City of. Miami is in a lawsuit
against. tl ?' ti 1. Government because of this, this. undercount. *fr.
Mayor, sf::!; icel. that ve don't have a chance in the world of winning
this laws:; i t. •.]nles.S W(I arc. able to present some hard core facts before
a coup and tllo onl way that we are going tc, I)e able to do that
is by the i'i; r "iic3:ai ;il.i��atii;4, some funds sty tliat we could do in a
limited ar,`,� c t r oum, census co,int Douse to house so that when we could
show ti,e fact;: that in this precinct, in that precinct you undercounted
us by tea -:n-L t-l: or Eort- ��e�rcent_. :'hat wou]cl give us. the, 1 think,
the hope o1 kit, ,i n,, l a'w::ui t and what I' m I, ropos ing Mr. Mayor, and
if 1 !n`! ;c-rr, �f .. motion is the City of i•fiami allocates some
fundini, a:��' cut �.��,�etmt. in charge. of this project so that we could have
our own c(Uw.r 1:'. ..'JmE: 114m]tet1 arcs, [io that we could have the facts
that we nee ! ti)i: -ouit battle. Lt-t Uk- this, 1 know that
we at , tin. t1,,: ,:e aru llurtiiw, for funds, 'nut if we don't spend a little
mono% now ;I lot. r!ore later on in the form of Federal
fund::.
Mayor Ferre: `i,111 want to do it officially as 9A because that's what 9A
-!:, i t �.r., on the agenda 9A.
Mr. Caroll,,: ;;, ;.:!_. --- ----' Mr. Mayor, .. .
Mayor Yi--rr,`: 5:, that's tl,c same subject on the agenda. I would be happy
to take it out c,f order if' you want to do it now or wait until this
af.ternc,on. That's step oumbi:�r one, Joe. I will recognize you to make that
motion rh' s f t, rn�:��,n if you want.
Mr. Caiull : 'i:;at. w1li be find Mr. Mayor. I didn't realize it had to
do with that. Dery good.
1 . DI"CUSSION 017 THE OVERTOWN URBAN INITIATIVES APPLICATION.
Mayes Fcrrt : t tli,_rt anybody here members of the public that are oil
any iter;�; "A'' 0,—� "M" that have not been heard, that wish to be heard?
Mr. Plummer: In the back.
Mayor Ferre: Who?
Mr. Pltumuer. Mr. Juhnson.
Mayor Ferre: Mr. Johnson, yes, sir, Mr, Johnson?
46 DEC
17 1980
0
Mr. Plummer: "A" thru "M".
Mayor Ferre: "A" thru "M".
Mr. Johnson: Item "K".
Mayor Ferre: Item "K", the Overtown Urban Initiative application. That
is just a report, we are not taking any action and that is just to tell
us where we are in the application before the Transportation Department.
�Sr. Fosmoen: Yes, that's correct.
Mayor Ferre: Now, do you want to discuss that?
(BACKGROUND COXLILNT OFF THE PUBLIC RECORD)
Mayor Ferre: Pik, go ahead and give us the report on that and then we will
break after that.
Mr. Fosmoen: Jim?
Mayor Ferre: Mr. Reid?
Mr. Fosmoen: Mr. Reid, will make the presentation. This does relate to
an issite that Commissioner Gibson, raised yesterday at the Workshop...
Mayor Ferre: I realize that, but that's a specifically scheduled item
which I'm sure he cat: address himself to and I'm going to support him on
it and that's got nothing to do with this particular at this time
that a report is being made. You follow them and you know... see the
distinction.
Mr, hoseioen: Yes, sir.
Mayor Ferre: Ok.
Mr. Rei6: Very quickly Mr. Mayor and ;members of the Commission, you will
recall in tiro Overtown Redevelopment Plan boundaries of which are on the
map, the. FTC ::,,ilroad on the East, 20th and 23rd on the north, I-95 and
836 on the West. The Miami River and 5th Street on the South that are
major projects. the key stone of the plan was a redevelopment project
around the Now Washington Heights Transit Station. The area in blue. We
are seeking; seven million dollars from the Federal Government to carry
out that particular program. What I wanted to do very briefly was before
this Commission on the record state some of the issues that... in which we
have made recommendations to the County Commission because they are the
actual one to file this application. The program for those four blocks
includes a hotel, office space and six hundred seventy housing units.
It's a major fifty-eight million dollar project. The issues are relocation
Black particivatioi, in thee project and a mechanism for overseeing redevelopment.
Or, relocation wc- suggest that nobody be displaced without available relocation
resources. It's an important policy. We are also attempting to program
three hundred twelve units in the area to provide resources for the two
hundred fifty-three units that will be displaced by this project and there
will be a detailed unit by unit relocation plan presented to the County
Commission this Spri,.b. On the issue of Black participation we are suggesting
certain goals respect to the equity, contracting, construction, permanent
hiring and retail space and intend to put these goals in land disposition
documents. We are also writing land disposition documents that would give
priority to property owners and community based organizations and Black
equity participants. Everybody that wants to buy this land will have to
respond to a Black equity participation plan. Provide them with the land
disposition documents. Such a requirement now exist in Oakland where in
there Hyatt Regency Hotel on top on the Convention Center they have twenty
percent Black equity participation. The most important point, I think,
in terms of a new idea, twenty-three of the thirty-four property owners
on these four blocks are Black and they want to have the option to
participate in the redevelopment process. We are suggesting for example,
- that if one of the black property owners, say Mr. Sawyer, land is worth
a half a million dollars and it is bought for a developmenr on a block
- that he partially owns that tie would have the right as an equity general
partner to participate in the redevelopment proposal for that block. This
is the same technique that's being used in South Shore to guarantee property
47
7 10,Pn
4 0
owners over there Lhe:ir right to participate. And finally, we intend to
provide techn1c,'i.1 asz;isLance to these property owners that haven't been
into these deals before, if Voti will.. The final point and this one that
will requiro .i::r:i;:ll I,,, the City Commission and relates to a item later on
your agenda Loki r. We tll i nit i.ilat tlii project is iTlportant enough and
signifLcant r• ur ; to the Bl=:ci: coma-',inity that in this project area we
suggest tilt=_t ast c.ial Urb In Rrdo-.'elopment Review Board be established to
oversight fot t117 s p-1rt ict.lal: pr-o ect. We are talking about a fifty-eight
million ,ill tag r <:i:t. ii,_ .ire talkint!, about displ-+cer.ent. We are talking
about j- try - t:;11:i;�s�, allout ci�i�t.rc:� ti_ng. Alid this group which would
have sev=:n :,'. �,ouJci ii.i;c ., l,indsc�ip c architect. Nnt unlike the group
we have on oversees development bonuSe there. They would
have a 1 ii7=15: ,-e :,rcl11 te':`" rill architect, financis1 persons and cOmlTlunit}'
represent It i n. n: i u� i nl, the CU11l,i:uni.Ly Development Advisory I?•oard and
represc�r!raticn i, i 'in! �d , :.lit, City and County Commissioll- 'lliev would
do t1irt till pr-1rinri1%. 'Jiley would revi.e,.,' and (`valuate plans in
advanc=:�. chit Nou prr,pose to happen thEy would look at it in
advance. 1'a;;`li _ f :_ llii.i)Ci Lwv, tlo-,y would monitor all Aliases of the
projeci. 1L ',!li ii:t,:,tiF;11 l il'r4 1CCiUlNiti{)Il, disposition, constIuction and that
kind of t'lilii,c rig'..' tilCv would specifically target in on
the equity 1'a"i i, �_t.irin iln�i the rule of the E1ach corununil-v in this
project. u: kk!e; thai. iv, tt•riii:, of the fllt.ure of thiFz area that
this art--,i i_l,•_ li: .:`r i __.11 LO `t!i ef the Black CO:T`TBAT-ity zn 'IIami and
has thL :-a',1L as ('alLe Ocho 1_11 t1le Latin coririunity and while
it will I)e al; a cn cor,Tmunity there: should be substantial Black participation in
its devt lci`ru ut cii.d ; < ,,^.ecaal aild we wanLCd to state these on the record
to have sang l• i;,,11' about thcrr, and discussion so the time that there is
a resolui i,,i. ." it if there are probleuis with this approach
we wailt(:ti i�Gl:, the nyertow7 -, CoTm-i-,unity t1iomselves, some members
have sup;t i, i s.yin; ;uather in creating the parallel of a Downtown
Deve_Iop;:,.'ll r f i ',,Ox .;e feel t'.iLt the me(,'ilanism ol Oversight and
par tic. ii.c' >ni;;Iic hcdA in the way th It wc• Si1);yl,k:StCd in our
rlerioran�?ir' . 1 ,i:, i ] iv it cry Lhe record with resp(_ct to.. .
Rev. I i::,c.;:: I l: t .,Tut to make sure you know si r, right now
that I i,r,`i,ti;:.t tlii ut: in the Workshop yesterday and I will be dealing
with un. I told this COt'.imiSSiOn inontlis agc what my position
was i2tic i i. l a i.- t;c:w, we �,o ul; to Minne.Lnta nd bring a team down
here ,a-d w, I. T„ik and bring; a team and go to Philadelphia and
brim; tea..,, ' Lh i_nk I'i;, better titan any team you have. 1 was born and
reared. lIhly tI . <; . ? yet L i vu i n the gheL to and I think yc)u kind of look at
me as t W h-nl 11 010 ;hL t to because I live frith you down here and
live I: th t}:,;:; ,-�ut thc: v. Sc I know. I told you all about setting that
boundary and y ;u wou1Jn1 t it , I want to tell y(,u this, we aren't
going to iiii)vt_- ,,nn� st.cp if 1 have any influence up here until that
boundar., ii:.' until ?hr- ;ii:thr=rlty is set to take care of the entire
boundary -:ici i t, 1 ' you ,all. 1 wanted one. liar,,(. 7ilank God you have come
to that. Rut. I want to cicke surd you understand even with this project
and any other i,rc,ject I expect the authority to handle, because you know
what.. .
(BACKGROU \D i'C'.'^.1F_'.;'i' OFF THE PUI{LIC RECORD)
Rev. Gibson-. T'm not so curt? you all understand what I'm saying. I
will wait until this afternoon when I have the other brothers here so
they will know wh. t 1'ir, rLlking about.
Mr. Reid: We a�_,rece, Father.
Mr. P11-imim r: I &ther, that means that they will learn to love it.
Rev. Gibsrn;. 1'hi,r's right.
Mr. Reid: Wt- :ertainly aZ,ree with rather, in terms of the.,, Father Gibson,
with respecL t. this boundaries of the Overtown Redevelopment Plan, but
the 1'14PTA project is for specific purposes relating to the...
Rev. Gibson: Let me hay this. Whether the UMPTA I want it... I want to
make sure you hear me. Whether it's UMPTA or any other, if we get such
48
a group and we say to Metropolitan Dade County "we want these people to
play an integral part and we are going to listen to them", you know what
will happen? UMPTA will deal with them. That's what I'm trying to get
you all to ,e,:,. But the reason we can't come to that is everybody wants
his l.ittlt Pie.,Fnf pie, this group wants that and I try to avoid that.
And you know, If you don't listen to me May 17 th will reoccur. And I
want you to kno,. of nll tlt- people who talked out here, of all the people
who talked ruf herd I an, the only guy--- tell them all I told you--- I am
the only Puy that the ;people were looking at May 17th in the middle of
the night aru' all chose other day•:. Tell all those people I told you that.
I was the only: guy wlio was facing the bullet, ok? And I tell. you this,
you better listen to me now. I want to tell you the other thing what I
told to that toam that came dowii herd that you all paid, not you, the
people Pai tl;clueands o dollars. I said people don't burn that which
belongs to You have yet to see me burn my house. Oh, hell no, I'm
not going to '-urn my house. 1'ou know what I will do? If you try to burn
it I wil,. r;v t_. burn \,ou up ycu know, and it ain't going to be with no
fire it's scin.: ro bu with that other kind of fire and that's what I have
been trying ,.o yuu all to see. And I can't educate you all. You come
down pert- ar.? t;Ivo us this Dart, half this part, get that overall committee
and let i-me s,ac ti,is for the record because I'm going to say : i again. You
need the what I said, you need the merger. Get a fifteen
man board, but u put some I+'hite folk in it, some Black folk in it who
don't litre them and you Put some White folk in there who own that Property
there and so:rL 'lack folk. T have seen these proposals and they make me
want to ru-;ui,tatc 'Pecause they don't address to the heart of the problem.
And even t :, :t l,,c , the... i ? I could even persaude this Coimnission to do
what I'i- cr.: ir, to gt_t their: to do I want that turned over. That's right.
I want it t -t t _'cl over. Othoy-wise, you are not going to solve that problem.
(BACKGROUND CO NJI:\T 017 'DIE PUBLIC RECORD)
Rev. Gihs:;n: ok`
h'}ihi�_EvPGN the City Conviission recessed at 12:50 and
reconvened at 2:20, with the following members of the
Comr..is�,ion found to be present: Mr. Plummer, Rev.
Gibson, Vicc-Mayer Lacasa and Mayor Ferre.
ABSEN': Mr. Carollo.
16. P1%'KSENTA`1-Ic,::S :V:'D PROCI.A."iATIONS, ETC.
1. Presentation of zi PLAQUE to ]IIE HONORABLE EDUARDO COLO1.1130, Consul
General of Argentina, in recognition of his many years of dedicated
services to the '.Miami cnrununity.
2. Presentation of a CERTIFICATE OF APPRECIATION to DR. MICHAEL HANCE
for his conmiunit)• work and interest in the Overtown area.
3. Presentation of a C0,2�11_-NDATION to City of .Miami Police Officer JUAN
CAR1iENATE for hit: efforts toward a better understanding between the
community and the Police Department.
49
�J
17. A '1OI'Tf)` i"Ei::"C T'�`LICE ��FFICERS OR G"I'HER P7'RSONS RECFT%'I';G
PFCOGNTT TON I`Qk OUTSTANDING SERVICE BE GRANTED THE DAY OFF
i)EI EAJ,`:FD 'EIa:
Mr. PJ.uimT)er: At th., SaKe of the Manager falling out of his chair I would
like to make a motion at this time that we make this award meaningful and
that we gi\.•e thk_, man the uay off, When he receives the award give him eight
hours of izic�ic:d o—e time so he can enjoy the award and make it meaningful.
I make that In the form of a motion.
Mr. Lacasa: Second.
Mayor Ferre: Alright, call the roll.
The following motion was introduced by Commissioner Plummer, who
moved its adoption.
MOTION NO. 80-893
A MOTION EXT RESSING THE DESIRE OF THE CITY COMMISSION
THAT THE CITY MANAGER IMPLEMENT A POLICY WHEREIN POLICE
OFFICERS OR OTHER PERSONS RECEIVING RECOGNITION FOR
OUTSTANDING SERVICE TO THIS COMMUNITY BE GRANTED THE DAY
OFF OR EARNED TIME IN LIEU THEREOF.
Upon being seconded by Commissioner Lacasa, the motion was passed
and adopted by the following vote:
AYES: Commissioner Joe Carollo
roflllT,issioner J. L. Plummer, Jr.
Commmissioner (Rev.) Theodore R. Gibson
Vice -Mayor Armando Lacasa
Mavor Maurice A. Ferre
NOES: None.
1„. PKESENTATIONS AND PROCLAMATIONS CONTINUED.
4. Presentation of a PROCLAMATION declaring January 9 through 11, 1981
GRAPHIC'S OF T1IE AMF.RICAS '81 DAYS, in recognition of the importance
of their exposition to the City of Miami's image. Receiving the
Proclamation are Mr. Manny Abrams, President of Printing Industry of
South Florida; Mr. Jerry Levine, Chairman of the Board of Printing
Industry of South Florida; Mr. Don Duncanson, Chairman of the Show
Comlilitte�; Mr. Larry Dodd, Co -Chairman of the Show Committee.
5. Presentation of CERTIFICATES OF APPRECIATION to a group of student
who participated in the City of Miami Police "Motorcycle Riders
Course", and to the companies who provided the equipment for the
course:
Bruce Aukamp
Sandra Aukamp
Donald Bounds, Jr.
Estelle Hoffman
Serena Hayman
(CONTINUED)
50
Rasul Rasul
Dan Shilling
Rubin Valdes
Vespa Honda of 36 Street
AMD Harley Davidson Motor Company
19. PFRSONALAPi i Ak--LtiCE• : MR. W. 1RENT GFWIA::, PRESIDENT OF THE
FLi)R LT)A 'LA. 1lTT%fF ;A'SF.t �f, REQC;ESTING SITPPORT FOR THE MARITIifE
fI'SI-T-�f 1,J JTEC7.
Mayor Ferre: Alright, we are now on Item #3. Is Mr. W. Trent German
here?
Mr. Flummer: Yes, he is here, I saw him.
Mayor Ferre: Is Mr. German here?
Mr. Plummer: Yes.
Mayor Ferre: Please step forward Mr. German.
Mr. W. Trent German: Mr. Mayor and Commissioners, my name is W. Trent
Geman and 1 1i,:e at 1045 Belle Meade Island Drive, Miami, Florida. I'm
President o :r- ''lorida Maritime Museum. We are here this afternoon to
urge you,., ._ op,, in -A r�srlution Mat each of you have received. The
preamble of t.'i resolution brings you up to date on our progress. If
you have iu4' r, opportunity to read the resolution there will be no need
for me t.- tad t, yr,u- noc,I. If you haven't I will be glad to read it.
What is vour d,,Fire.'
Mayor Ferre: No. I don't 'know about the rest, but I have read the
memorandum and I personally cannot vote for this resolution. So let me
just put t'1,11 nut.
Mr. Plummer: 6,.'cll, I think really what has to be said is really a reiteration
of our position of support, but at this time is much, much too premature
to make an:,- -oT:-nmitment in the Bicentennial or other park at this time.
As you know or sh:,uld know that a 2:30 Item 4C and 4D are very, very
crucial and mist be paramount in our thinking before we even begin to
think about �,uur 1;cititular situation. But I think that once again, it
would be w(-]i ir: crder for this Commission to go in on support of your
concept, but ai this time I don't think we are ready to make a commitment
at this timQ. WL' can't.
Mr. German: 1 have a few comments that I would like to make in just the
next few minutes.
Mayor Ferre: Of cc)urse, Mr. German, go right ahead.
Mr. German: The first is that we are not asking the City to donate or
pass the title of this property rather we are asking to set it aside
and designate the land in the adjacent lot away for this specific use.
By doing this there are three_ things we would accomplish. One, you would
give an enormous boost to our funding raising campaign. And secondly,
you would h,lp insure a most appropriate, effective and exciting use of
this waterfront proporty and you would lead the way to creating a Port of
call for visiting Ships in the existing deep water slip that will make
Miami a _ and indeed a mandatory stop for the worlds fleet of
tall sailing; ships, research vessels, foreign vessels on diplomatic
missions and training ships and replicas of historic vessels. Second,
we would like to underscore again, the importance of this project to
this community. A fact and I only recently learned that eight and one
half times the people visit cultural events as the number of persons that
51 1
•.
attend prof.essi.envil sports. That includes basketball, hockey, football,
baseball and what have you. Eight and a half times as many persons attend
cultural event.; as attend professional sports. Now, that eighty percent of
the people attending these cultural events attend and go to museum.
And then the last item, a fact that I have recently learned is that Old
Mystic S�_atConnecticut one of the nation's larger Maritime ?Museum
has a Letal ti,r,s of ahrut ten million dollars and they have determined
that for every -Iollnr that thi�v take in ten dollars are spent in the
community. Thu:-,, they contribute to that small. corununity one hundred
million dollar- annually. Thus, it's obvious that a world class organization
that we art: La i is ing at out here could contribute hundreds of millions of
dollars. 'Jhj�s 1,riefly is our supplementary remarks and again, we appreciate
the oppurtonit.: to appear before yogi and may we assume that this is another...
thatyou en(lor�,e this projins.i tion.
Mayor Ferre: oh, yes. Pir. German, I think as Corunissioner Plummer stated
_ here. I thini,', ou ca'a very lfe.ly assume that this Cotrnission has not in
anyway' it-, position )r it's mind on this it.L'ril. I think it is
not... it ,< at Lhi: particular point today perrraturc: before some. other
- things are dc;i ided in that. general area. Now, I think the time will come
when we wi 1.1 Join,,, som, active things in sore of these properties, not all
but some of these prop rtie�; in the Dor,ntoKn area.
_ Mr. Germian: ?day 1 suggest that pert;aps you offer our encouragement in the
establishment ci a r.,eciian iunding, raising program for such an activity.
Mayor Ferre: You certainly have it in anyway you would like a resolution
to that al f _.: t. Mac_ wOuld be happy to pass it for you.
Mr. German: ltiL. w,Juld lii:c2 tc have it if you see fit.
Mayor Ferre: Commissioner Plummer moves, is there a second?
Rev. Gil sc.n Se,_u d.
Mayor Fetrt_: S(-Bonded by Commissioner Gibson, further discussion, call
the roIl..
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION NO. 80-894
A MOTION TO ENDORSE FUND RAISING EFFORTS BY MEMBERS OF THE
FLORIDA MARITIME AR)SEU`M FOR THE EVENTUAL CONSTRUCTION OF
A MfiRITI*iF 'MUSEUM IN THE MIAMI AREA.
Upon being seconded by Commissioner Lacasa, the motion was passed
and adopted by the following vote:
AYES: Mr. Plur:rrer, Fev. Gibson, Vice -Mayor Lacasa and Mayor Ferre.
NOES: None.
ABSENT: Mr. Carollo.
20. PERSO:,;AI AHEARAINCF.: !,:RS. ELIZABETH VIRRICh "10 D1SC1'SS THE hoxl,�G
P ROGR.1,.Pl .
Mayor Ferre: WL, &re now on '1B and that's Elizabeth Virrick to discuss tiie
boxing program. Mrs. Virrick, we are always happy to have you with us.
Mrs. Elizabetl, Virrick: Thank you Mr, Mayor. I'm happy to be here too.
But to mak< <. very long; story short, you know all the troubles we have been
through in the last frw montlis and I want to thank you for the new roof and
thank you for all the cleaning up and changes in making the gym look so
nice anti as you probably know we have been operating now for the last
5'> DEC
7 1980
couple of months. But we had a hiatus of several months. So we are trying
to build back up to our pristine, big crowds that we used to have. Now,
Mr. Howard, the head of the Department was courteous enough to ask me to
sit in on the interviews for the new coordinator. But of all those who
applied and there was quite a number, the one that seem to suit Mr. Howard
best was Bobbie Allen who was already on the staff. So in the end Bobbie
Allen was moved up to coordinator which left his slot vacant. And there
was a young man who has been working; at the gym for the last seven and a
half years and dorm;, I think, a very good job was supposed to be moved up
into Mr. Bobhit- Allen's slot. Then they said there was a freeze on and
then I cailtd lir. FlummQr and lie said that he talked to the Commissioners
and unfroze that slot and an order was issued by the City Manager, I
understand way hack early November and the young man has still not gotten
his job and we need Iiim.
Mayor Ferre: Well, wait a minute, let's clear that up Elizabeth because
Mr. Fosmoen told me thy' man had that job.
Mr. Fosmoen: Poot>ie Alen?
Mayor Ferre: t-flio?
Mr. Fosmoen: Bobbie Allen is employed.
Mayor Ferre: I)id you hear what Mrs....
Mr. Plummer: No, the second.
Mr. Fosmoen: 1'hc. second, I'm distributing a memo to you from Al Howard.
You understan:' th:A we do have some procedures to go through for employment.
I have appr,we,l the Recreation Leader II vacancy to be filled. The
register wti:i ; l-.,taincd yesterlay....
Mayor Ferre: ,'oul.d ycu give a copy of that memo to Mrs. Virrick, please?
Mr. Fosm. ecr: fro:ri HRI) and we will have someone on board before the
first of the year. You are talking about the second position. We have
to develop a register and the register was obtained by Leisure Services.
Mayor Ferre: is Robert Parnet, Bobbie Allen?
Mr. Fosmoen: Yes, sir. AKA Bobbie Allen. That's his boxing name,
Bobbie Allen.
Mayor Ferre: Well, how long has Mr. Allen been part of the... is he here?
Mr. Fosmoen: November...
Mayor Ferre: Is Bobbie Allen here?
Mr. Fosmoen: No, he is not here, sir.
Mayor Ferre: How long has been on?
Mr. Fosmoen: He has been with the City for some time.
Mayor Ferre: What five years? A hundred years?
Mr. Fosmoen: A couple of years.
Mr. Howard: Seven years.
Mr. Fosmoen: Seven years? Ok.
Mayor Ferre: Was he part of the boxing program before?
Mr. Howard: Yes, sir he was.
Mayor Ferre: 1 set.. And now, Mr. Howard, you feel now that Bobbie Allen
is of sufficient quality that we are going to get a good Olympic boxer
out of this and we are really going to end up winning the golden gloves
and you are really gong to end up with a real top, real top boxing program.
Is that it?
53
0
Mr. Howard: I can't guarantee you an olympic champion, but I think Mr.
Allen is very qualified. He has brought the program back. I think
Mrs. Virrick is happy with the program the way we are going. I think what
Mrs. Virrick is saying is to get the other position filled which we are doing
now.
Mayor Ferre: :vow, that's what Mrs. Virrick is saying. But what the Mayor
is saying is... she is asking a question and what the Mayor is asking you
sir, is arc_ yo?j j.oing to vuarantee that we are going to have a first
class boxing; program?
Mr. Howard: 0h, yes, the program is... will be first class. If is first
class again right now.
Mr. Plummer: V.Tli.3t happened to Kid Gavilan ?
Mr. Howard: He is working with us and he's at Moore Park during the week
and e-er,r ;'ednesday he is at the fights at Virrick Gym. The public takes
to hi vety well. He has been doing a fine job. We have been getting
some good proinotions from him and he is making a positive contribution
to the pro,,I-am.
Mayor Ferre: How about that other guy who was a welter weight champion?
Mr. Fosmoer.: Kid Gavilan is still involved in the program.
Mayor Ferre: I'm not talking about Kid Gavilan.
Mr. Odio: Luis Rodriguez.
Mayor Terre: Luis? Luis?
Mr. Odio: Rodriguez.
Mayor Ferre: Wasn't he welter weight champion or something.
Mr. Howard: We have four world champions in the program.
Mayor Ferre: Dour world boxing champions?
Mr. Howard: Four previous world champions.
i
Mr. Fosmoen: That doesn't mean, Mr. Mayor, that they are all administrators.
They can teach boxing. They can teach kids how to box and Bobbie Allen is
the administrator of the program and we believe he can do a fine job at
that with the backup he has.
Mayor Ferre: nk, that's fine. I'm just asking a question. I want to
make sure we have a ... in other words, you know what my position is
Al and this is not criticism to anybody, it's just in general. If we
are going; tc go into boxing I want to have first class boxing. Because
if we are not going to have first class boxing it's dangerous and it's
a waste of time. And I would rather go into volley ball or go into
ping po:ig or do some other things and not waste a lot of people's time
and get their- hopes up. If we are going to do it. I want it first
class and if it's not first class and we can't do it first class, please
let's not do it. Let's find something else to...
Mr. Howard: Well, I feel the same way, Mayor and I think our program
right now is better than any program in this area and is first class.
Mayor Ferre: 0k, that wasn't the case a couple of years ago and I just
want to make sure that we are going to have a first class boxing program.
Mr. Plummer: Alright, the bottom line is the second position is going
to be filled before the end of the year?
Mr. Howard: Yes, sir.
Mr. Plummer: Ok.
V4
Mayor Ferre: Ok, Elizabeth does that answer your...
Ms. Virrick: No, because I haven gotten put off and put off and put off
and it's been over two months now and the man needs work and we are going
to lose hill and he is a good man. We have had him before and well, he is
going to have to find himself a job.
Mayor Ferre: Elizabeth, we are going to put him on.
Ms. Virrick: Well, why has it been Put off so long.
Mayor Ferre: HE, i-s going to be put on within the next two weeks.
Ms. Virrick: They nave told me that for two months.
Mavor Ferre: Mr. Al Howard, Elizabeth Virrick says that you have been
saying that For two r.iont hs and he is still not on.
Mr. Howard: Y<,,, but we have to go through Human Resources. He must be
qualified on the register. We must interview three people who are
qualified and then we have to do that. So we are doing what we are supposed
to be doing and I have... by the first of the year that individual will
be working, for the department.
Ms. Virrick: J. L., when did you call me and tell me that the Commission
had released that slot?
Mr. Plurrmcr: A few day ago.
Ms. Virrick: No, sir, You called me...
Mr. Plu:;:mk,r: few can he thirty, sixty, that's a few. A few weeks,
a few mo:at•t, ,. ':l i zabuth, I understand what you are saying. What I'm
saying to voil ran•? to tlae Administration that on the 31st of December
if the iob is not_ filled there is going to be two vacancies.
(BACKGF;','L" D OFF THE PUBLIC RECORD)
Mr. Plunvm.er: On New Year's F.ve if they haven't done the deed, you come
back.
Ms. Virrick: I will call you at midnight New Year's Eve.
Mr. Plummer: That's _t.
21. 1'I:RS0`lAl. ;,PPE:'1RA'.;t:E: %R. ^1raX E:LL A. HERSHBI-RG RI:GARDINC THE
RFSTPUTION LIMITING SENIOR CITI7.E1,""S USING THE CIT 'S GOLF
Fits-,'•? 8 1•' TIL 11 O' CLOCI: hEEK DAYS.
Mayor Ferrc: We are now on Item 3C, Mr. Maxwell A. Hershberg. Mr.
Hershherg, you are recognized.
Mr. Maxwell A. Hershberg: My name is Maxnwell A. Hershberg, I live at
1430 South BayFLore Drive. Mr. Mayor, I sent you a letter on October
24, 1979 which J'm sure was never called to your attention. I spoke to
Dr. Gomez a J believe several times and he said he would call this
letter to your attention, but since I got no answer I'm sure that you
never saw it.
Mayor Ferro: kho is Dr. Gomez? Oh, Iram Gomez.
Mr. Plummer: Irani?
Mr. Fosmoen: We have an Iram Gomez.
Mr. Hershberg: I believe he was an Administrative Assistant to you,
wasn't he?
*(COMMISSIONER CAROI,y LENTERED THE MEETING AT 2:50 P.M.)
��' DEC 17 1980
0
Mayor Ferre: Oh, you know who...
Mr. Fosmoen: Iram?
Mayor Ferre: Who?
Mr. Fosmoen: It must be Iram.
Mr.. Plummer: Fausto Gomez.
Mayor Ferre: Oh, Fausto Gomez. Yes.
Mr. Hershberg: Yes.
Mayor Ferre: Yes, he is no longer... He is at FIU.
Mr. Hershberg: He is no longer... I know that. But at that time he was
working in the Department. I'm going to be as brief as I can. I want to
thank the *tayor and the members of the Commission for allowing me to speak
on this. It's not an earth shaking thing for Miami, but it's very important
to senior citizens. I'm in my seventy-fifth year and I think that
certifies me as being a senior citizen. I don't know whether any member
of the Bard is in that category. I'm sure they are not. I don't
know. He doesn't look it. At any rate this is the letter I wrote to the
Mayor. "The Honorable Maurice Ferre, Mayor's Office, 3500 Pan American
Drive, Miami, Florida. Dear: Mr. Mayor,...
Mr. Plu.,ner: Mr. Manager, may I reiterate a policy of this Commission to
you sir?
Mr. Fosmoen: Ycs, sir.
Mr. Plummer: That during Commission meetings there are to be no one
standing in the back hall ways which in fact creates confusion.
Mr. Fosmoen: Well, we have an officer, I will get her to clear the area.
Mr. Plummer: But: I think what we need is that policy to invite all people,
the seats dot-n front don't cost any more than the seats in the hall way
and I feel it would go a long way co that I could hear this gentleman
speak if everyone were invited to come in and sit down I it would go a long
way towards accumplishin g that. I'm sorry, sir, for interrupting.
Mr. Hershberg: We have been informed by Mr. Howard of the Parks Department
and he has made a new ruling pertaining to the City's golf courses and that
is in December 1, 1979 senior citizens who are Miami residents will be
required to play before 8 A.M. or after 11 A.M. He stated that the Miami
Commission is about to pass an ordinance to that effect. That ordinance
was passed, as you know 9033. There is no need to tell you the hardship
this discriminatory ruling imposes on senior citizens. The days of Winter
are the shortest of the year. This morning the sunrise, I think, was after
7 O'clock and it's difficult to schedule those. You must play between
daylight and 8 A.M. Besides it's wet and very cold at that hour in the
morning. The senior citizens don't want to play in that sort of atmosphere.
Playing after 11 A.M. leaves no opportunity for other activities such as
arts and crafts, voluntary charity work, foster grandparents and so forth.
Those few who are senior citizens who play on the golf courses do this kind
of work. We know that the golf courses offer an inducement to tourist that
come to Miami. It has been a pleasure to greet many of them and play with
them on our courses. To preclude playing with our visitors at time
convenient to both imposes on us an unneccessary hardship. In all the years
we have been playing we have never heard a complaint about starting time.
The senior citizens have been restricted from playing weekends and holidays.
This restriction we have excepted in good grace because we realize that
there are persons for whom these days are the only ones available to play.
We are certain that you and the Commission will hesitate to Enlarge on this
error in judgement that Mr. Howard has made. We urge you to rescind this
ruling. Now, that ruling is from 9 to 11. We would like to compromise
in anything and to offer our good advices on any subject like this. It
will be perfectly alright for us if you just extended the hour of 8 O'clock
to 9 O'clock so that the sun is out and dries off the courses and that we
56 ' r� iJVV
y�
who play for recreation, some of us who have advised to do that by our
doctors would be able to play and not give up this golf which we play only
incidentally, two or three times a week at the most. There are I believe,
only twenty-eight senior citizens involved in this which involves, I think
seven foursomes distributed over the two courses and they don't all play
at the same time. So it involves actually no wait at all to any tourist.
_ Besides if there is any rccasion for a wait which happens very rarely,
we are instructed to play our nine holes on the back nine and we hold nobody
up. So I would ask you members of the Commission to please vote to have
this ordinance changed to make it 9 O'clock instead 8 O'clock.
Mayor Ferre: Alright, Mr. Howard, you have a response?
Mr. Fannotto: I would like to say something.
Mayor Ferre: Yes, sir, Mr. Fannotto.
Mr. Fannotto: Ernie Fannotto is my name and I'm qualified to speak on
this. I have been a professional golfer for forty-one years. I was
at the former famOUS Pine Valley Golf Club. I don't like to brag. I
was at a Pittr,:;:n Countr Clul) private pro for Alex Fender for many
years and I worker:l at a public golf: course. I have never in the history
of all the years that I Have been golfer witness where golf courses
restricted senior citizens. And I want to tell you something. It's not
how old a person is, it's how good he can play. And the older players
as rule have got more experience and they have more ability to impart their
knowledge to i,lay professional golf than the young ones. Now, it these
people who cr ;: anat;i.n this +!ol f course know their business they should
have golf foir:s and teach some of these other players who can't play well
and speed .:he golf course up and they will make a lot more money. And I'm
not satisfied with restricting these hours. Let's take the restriction off
and give the =,:.n: i citi;lens the same Tight. Their money is just as good
as the young piavers ;und they don't hold the golf courses up any more than
the young people. And I think the whole thing should be taken out. No
restrictions. hi: should the: have restrictions? Their money is just as...
As a matter of fact the golf courses don't pay anyway. And I want to tell
you something. I have been around there a little bit...
(BACKGROUND CO�2111FN7S OFF THE PUBLIC RECORD)
Mr. Fannotto: Well, if they do they can make a lot more, because I have
seen what Happens around these golf courses.
Mayor Ferre: Ok, let's see what happens... let's let Al answer it, then...
Mr. Lacasa: That is what I was going to ask. Where is the restriction?
Mr. Howard: Alright, first let me explain that the senior citizens are
the only, in Miami, from Miami Shores, Miami Beach, over in Key Biscayne,
Coral Gables, Palmetto are the only group that gives half greens fees to
senior citizens. So when they play they are playing at half greens fees.
Why we are saying between 8 and 11 is that half greens fees are people
who... the retired employees who don't pay greens fee cannot play, because
if they do there are two hundred twenty-five, we could lose as much as
twenty-five thousand dollars during the Winter season. So what we are
saying to them they can't reserve a time. If they come to -the tee and it's
open, they can play. But if they are... or they can play between 8 and
11 and play another half greens fee.
Mayor Ferre: In other words, we are not in anyway restricting older
players from playing? -11ey can of course, play any time they want. What
they can't do is pay fifty cents on the dollar. Now, you want to pay
full dollar c)n the dollar, man you can play all.., we want you to play
golf everyday all day.
Mr. Fosm:,en: In addition Mr. Mayor, if there is a starting time that's
available and they are there they c:_.i play during that period. What the
gentleman wants is the prerogative of calling ahead, reserving the time
and paying half price between 8 O'clock and 11 O'clock.
Mayor Ferre: I can't go for t I mean, just for once you can play all
51 a'
Maw
the golf you giant, bait you have got to pay ,just like everybody else. Now,
if you want to pay fifty cents on the dollar... you get there between
8:30 and what? 11?
Mr. Fosmoen: Any time after...
Mr. Plummer: Before 8 and after 11.
Mayor Ferre: Before 8 and after 11.
Mr. Plummer.: Well, I. think, Mr. Mayor, what's got to be said is that I
don't think tl;c City can afford to give fifty percent fees if we don't
make it when the sun shines. Now, you know, if we are making the money
from those who are paying one hundred percent of the green fees, then
we can afford to make it available to seniors at half price, but I don't
think we can d: hotli. There is just no way.
Mayor Ferre: In ot.her words, what we are saying is what we are granting is
a priv1le��, and itot a right.
Mr. Fannotto. ,{cl.l, Mayor, I just heard the statement that seven fourth
of... thr:t':: t,. enty-eight people can cost the golf course twenty-five
thousand dollars. It's the most ridiculous statement I have heard.
Mayor Ferre: No, that's not what he said.
Mr. Fannotto: Yes, he did.
Mayor Form.: t,'tiat. he sad is that if people pay fifty cents on the dollar
it would cost u�- Jiat much.
Mr. Fannotto. I Leard that too. Now, if the people want to play for
fifty cents it-t them play. But if they want to play for the whole fare
and they arc F7.cn )r cit.izens let them play and don't take the time away
from th�!m ei th, 1. .
Mayor Ferre: =12s, vel.l, that's fine Ernie, but I disagree.
Mr. Fannotto: Pisagree with me on what basis Mr. Mayor, I don't...
Mayor Ferre: in tihe basis that Coral Gables, Metropolitan Dade, Broward
County and noLrd, in his right mind is going to permit fifty cents on
the doliai p1. gin,: of golf courses when it is essential that we make
sufficient mcrwy to keep that golf course open. Unless you want the
taxpayers of "ti;roi to subsidize the playing of golf and I'm not for that.
Mr. Fannot.:.: '.�,133, look, let's give these people cards if they want to
play for fifty cents, but don't stop other senior citizens from coming in
there and :,ayinp you are restricted.
Mayor Farrc: 4'.I"iil�, you don't understand. Nobody is stoping a senior
citizen front pl;;ying any time lie wants, he or she wants.
Mr. Fannotto: wait a minute, wait just a minute, sir. Well, then why
bring this discrimination at all into it? Why not just give them cards
if you want them to play or otherwise, just let it go and let them pay
the whole fart:.
Mr. Plutimer: 'that's what we are... they can do that now. -
Mayor Ferre.: 'That's precisely the point.
Mr. Fannottn: 0iat?
Mayor Ferre: We agree. I agree with you. Ernie, great I agree. Now,
sit down you are all set..
Mr. Fannotto: Ernie, I'm glad you came up with a compromise. Great
compromise Ernie,
Mr. Hershberg: Let me tell you this Mr. Mayor.
Mayor Ferre: I agree with you Ernie, you are right.
58
p E 0 1 71980
the golf you giant, bait you have got to pay ,just like everybody else. Now,
if you want to pay fifty cents on the dollar... you get there between
8:30 and what? 11?
Mr. Fosmoen: Any time after...
Mr. Plummer: Before 8 and after 11.
Mayor Ferre: Before 8 and after 11.
Mr. Plummer.: Well, I. think, Mr. Mayor, what's got to be said is that I
don't think tl;c City can afford to give fifty percent fees if we don't
make it when the sun shines. Now, you know, if we are making the money
from those who are paying one hundred percent of the green fees, then
we can afford to make it available to seniors at half price, but I don't
think we can d: hotli. There is just no way.
Mayor Ferre: In ot.her words, what we are saying is what we are granting is
a priv1le��, and itot a right.
Mr. Fannotto. ,{cl.l, Mayor, I just heard the statement that seven fourth
of... thr:t':: t,. enty-eight people can cost the golf course twenty-five
thousand dollars. It's the most ridiculous statement I have heard.
Mayor Ferre: No, that's not what he said.
Mr. Fannotto: Yes, he did.
Mayor Form.: t,'tiat. he sad is that if people pay fifty cents on the dollar
it would cost u�- Jiat much.
Mr. Fannotto. I Leard that too. Now, if the people want to play for
fifty cents it-t them play. But if they want to play for the whole fare
and they arc F7.cn )r cit.izens let them play and don't take the time away
from th�!m ei th, 1. .
Mayor Ferre: =12s, vel.l, that's fine Ernie, but I disagree.
Mr. Fannotto: Pisagree with me on what basis Mr. Mayor, I don't...
Mayor Ferre: in tihe basis that Coral Gables, Metropolitan Dade, Broward
County and noLrd, in his right mind is going to permit fifty cents on
the doliai p1. gin,: of golf courses when it is essential that we make
sufficient mcrwy to keep that golf course open. Unless you want the
taxpayers of "ti;roi to subsidize the playing of golf and I'm not for that.
Mr. Fannot.:.: '.�,133, look, let's give these people cards if they want to
play for fifty cents, but don't stop other senior citizens from coming in
there and :,ayinp you are restricted.
Mayor Farrc: 4'.I"iil�, you don't understand. Nobody is stoping a senior
citizen front pl;;ying any time lie wants, he or she wants.
Mr. Fannotto: wait a minute, wait just a minute, sir. Well, then why
bring this discrimination at all into it? Why not just give them cards
if you want them to play or otherwise, just let it go and let them pay
the whole fart:.
Mr. Plutimer: 'that's what we are... they can do that now. -
Mayor Ferre.: 'That's precisely the point.
Mr. Fannottn: 0iat?
Mayor Ferre: We agree. I agree with you. Ernie, great I agree. Now,
sit down you are all set..
Mr. Fannotto: Ernie, I'm glad you came up with a compromise. Great
compromise Ernie,
Mr. Hershberg: Let me tell you this Mr. Mayor.
Mayor Ferre: I agree with you Ernie, you are right.
58
p E 0 1 71980
BACKGROUND COMMENT OFF THE PUBLIC RECORD)
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: I. now.
Mr. Plummer: You are right, Ernie.
Mayor Ferre: We should take your advice more often.
Mr. Hershberg: Mr. Mayor?
Mayor Ferre: Go ahead.
Mr. Hershberg: If the golf courses were losing money we would have no
objection. The golf courses make plenty of money.
Mr. Plummer: No, sir, they don't.
Mr. Hershberg: Yes, they do sir.
Mr. Plummer: No, sir, they don't. That's why we are contemplating right
now putting them out on concession sir. Miami Springs to start with.
Mr. Hershberg: As far as I know the golf courses make money and the
manager of the golf course told me that the reason why the put this on
is because if he doesn't make more money he will get fired. That's the
statement he made.
Mr. Plummer: That's a good idea.
Mayor Ferre: Alright, anybody else want to say anything else on this?
Mr. Hershberg: Mr. Mayor, I pay school taxes here and I don't have any
children. I got a seventy-five... dispi.te the fact that we got a twenty-six
thousand dollar rebate I paid seventy-five percent more in school taxes
this year. I don't have any... is that justified?
Mayor Ferre: Nlo, sir, but that's not...
Mr. Hershberg: There is no place in the Country that doesn't give
the privilege to senior citizens to ride on street cars and a number of
other things.
Mr. Plummer: But sir, they are not allowed to ride on the buses during
peak hours at the reduced fare and that's what we are saying.
Mr. Hershberg: These are peak hours that I'm referring to. If they were
I would have no objection. All I. ask is that you give us from 9 O'clock
on. That's two hours. If there is anybody there we will start on the
back nine. We only play nine. A11 we want is a reasonable sort of thing.
Mr. Plummer: Sir, what I just heard is that if you are there and there
is a starting position you can play. The only thing they won't do is
make you a reservation.
Mr. Hershberg: Yes, but the thing...
Mr. Plummer: That's not unreasonable.
Mr. Hershberg: ... the difficulty is this. That if we are there and
we don't get a chance to play we will have to wait until after 11 O'clock.
Mr. Plummer: Sir, it's like a person who travels on a pass with an
airline. The paying passenger goes first. If there is available seating
the pass goes second.
Mr. Hershberg: We are not traveling on a pass, Mr. Commissioner.
Mr. Plummer: Sir, you are traveling on a fifty percent pass.
Mr. Hershberg: Well, we appreciate the fact that you give us an opportunity
to play here at half the season rate. I don't think... there are only
59
_ 7 ;j`90
e
twentv--ei�,l:t p rrle as far as I'm concerned who... as far as I know who
are given t.h,.t_ l)rj.vilege and that's seven foursomes divided onto two courses
and they don't all play at the same time.
- Mayor F'e ilri,ht, we nF?ed to move along. I don't sense that anybody
here is pu{of ;your r.cquest. It is... we have been twenty minutes,
fifteen n:iclut.a7- ',Je are a half hour behind time, so we have got to move
along.
Mr. want to thank you, for your time Mi . Mayor.
Mayor Pea re: i'tt: sorry, Mr. 1-iershberg, but I du,l't see any consensus
Mere for vlhcii i3re requestin,;. We are in agreement with what Ernie
Fannotto recomamends. Ok, anything else:
22, } '..:!�l ;i i'l . t;.•.., . 7 r;h;It.: I:'.I, i . ii.\ R.'i �i , i'OARD OF
CivlI ' F-ESTRICCI'D
i_i'.ILc�N AT .:(`i;NItiGSIllE PAP.};.
llayor Ferro 'ce arc- now on the next item which is Item 3D which
is a IIr. Stephen Heintz, Chairman of the Board of
Direccoz s_ r ns;t .id r ivic Association. And Mr. Iieintz, just for your
inforl-catioii :;ii, may be to save a little time this ("cmmission passed a
_ resolut.<,r todati' czlrtailinf; the use of public parks in the evenings
unless llwe nt- or,,,ailizt?d acti` i,tlt•s or unless the Administration has
other vr: :' ._.wr? It as,�n to 1:ecp these parks open. Otherwise, they will
be close, . it , .
Mr. St.yo;.i, we have a few oti,er points that we would
like t.: rl,:, r_he -r„emission.
Mayor i'err.x,: �,ntaad, Mr. Heintz.
hlr. Stez,hc••t My name is Stephen Heintz, 535 Northeast 51st Street.
I'm here t.,,;_: spokesmau f.nr two our city's Home Owners Associations.
They arc the ;';, Point. Property Owners Association and the Morningside
Civic I am the Chairman of the Board of the Directors of the
Morn : _,s i:? We want to call to your attention a situation
that j r.`, i i.Si ar,G to h:;k the City iui yGur assistance
_ in prebe beauty and the serenity of Morningside Park. Due to
the seveit str Iu oil City of Miami police resources resently. There has
been a uotica'.. t lack of law enforcement in Morningside Park accompanied
by t.otti ' ; of Citv lac.. Having lived with this problem for so
long WL .iI'L 11i CiIF_ I)cst positic,Il 1_0 offer a solutiull. 'This may or may not
be the sclulirn:, but we would take action desperately needed. We have
consulteul _I:, c tv officials responsible for the park, Mr. Albert Howard,
Director Servicas and Mr. James Lynch, Recreation Coordinator
have both i 1. ,,c;: t i:)e thrust of our plan. I have with me a petition
which T }zzivc '.��a ordered to submit signed by tour hundred seventy-one
- residents i ,Ltt ::crlli:lgside Park area. 'Elie petition is as follows; "We
the undersiF;r:�,i in a united effort to reduce crilni , increase safety,
enhance an:l picr ect the natural beauty of Morningside Park for all City
residents !,e,rcb\ lCLiticn your honorable body, (1) To take all steps
necessary !,> :::,:; icipal ordinance or executive urger to close Mornir}Wde
Park to i.l! zlc: vL-hi�.:iar traffic from sunset to 7 A.M. each day. (- To
adopt 8 manIcil;al traffic ordinance to prohibit the parking of all
motor vt=hi , : c th,- h-curs of 10 P.M. and 7 A.M. each day along the
nortfceriy ::n.: a:i tor';., perim,�ter of Mornirc6side Park. (3) To take all
step: t)y munic,41jal ordinance or executive, urd2r to prevent
motor to :-ill praxis areas of Morningside Park among which
is the: installation of non -movable railroad ties along the boundary
lines between vehicular traffic routes and grassy areas within the park.
DU
Li
a
■ Mt. Plummer: Is the association prepared to pay that cost, sir?
Mr. Heintz: What would the cost be?
Mr. Plummer: Well, it's twelve dollars a railroad tire, plus about
twelve dollars for installation. What I'm saying sir is you are talking
_ about a very, very expensive item. Because Morningside Park is a large
park.
M
Mr. Heintz: We know. The problem is...
Mr. Plummer: I understand what the problem is.
Mr. Heintz: Well, we can talk about the financial arrangements of the
subsequent iaeeting.
Mr. Plummer: Fine.
Mr. Heintz: We would be willing to participate if the City would be
willing to participate.
Mr. Plummer: Great.
Mr. Heintz: We feel that strongly about this issue.
Mr. Plummer: Good. The other two items sir, were encompassed this
morning and taken care of this morning where we gave the latitude to
the Manager that 'he is to enforce the law pertaining to 10 O'clock
closings and in his discretion can in fact in problem areas close it as
early as sunset .
Mr. Heintz: Al rig';t.
Mr. Ylumir, a:: '.\ow, the other terminology was sunrise and hoc.* that coordinates
with i A.M, I dc,n't know, but I think that, that was meet your needs.
So in fact, 1 think basically sir the only place that we have a problem
is in the r<j i!oad tics or some way of restricting vehicular traffic on
the grass.
Mr. Heintz: tt,at's exactly right.
Mr. Plummer: Bccause as you know and I know the Morningside Park in
particular c:ur K9 of the Police Department have keys to the gate and
lock the gate at 10 O'clock.
Mr. Heil:tz: Tl,F,v are supposed to lock the gate at 10 O'clock.
Mr. Plummer: They are not doing it?
Mr. Heintz: We have witnesses here from Morningside Park. I have
brought with Lae vitnosses who will attest to the fact that the gate does
not get closed i,or locked.
Mr. P1uluner: Well, sir, I on many of occasion when I ride in the Northeast
I can tell YOU that it has been done. Now, may be it's not being done
every night.
Mr. Heintz: May be it's done when you ride.
Mr. Pluuuner: That could be, sir.
Mayor Ferre: No, he rides every night. He rides every night.
Mr. Pluuuner: Well, then I think that Mr.... the Manager needs to make
sure that, that good policy be followed up. But the K9 have keys to that
gate for boat purposes.
Mayor Ferre: You can be sure that Plummer is going to ride tonight and
go there and check it out.
Mr. Pluuuner: Mr. Mayor, I would love to ride at night. That means I
won't have to be here for zoning.
G C 7198D
6
MI-. Reiatz: i`: important thing that we would like to consider is that
w1her. t'-o- gate locked that we are anticipating some over flow and that's
Vie _eascr: f para-,raph 2 of our petition to your Cotuniseton. We would
like tc see enacted or an ordinance enacted prohibiting parking
along; the c tars. Because once you close the gates they know what's
I1iey ^.re geinF to get out of the cars and walk in the
pa_b. an., 3 rt sicaentlal section.
Mr. Plummer will .leave chat discer.tion up to the Mayor because that
area you ,f is lovers lane.
Mr. Heintz: Exactly.
(BACF;GFt)L�i) t;("•.,1L":IS ()FF THE' PUBLIC RECORD)
Mr. Heintz: 1
wn,ul.1 like to conclude. my presentation to the City
Commission with
a lt_tter from the Baypoint Property Owners Association.
This letter is
addressed to me. "Dear Mr. Heintz: At a meeting of the
Directors of tF+,
,,;vpoint Prcpc-rty Ormers Association on December 4th
Dir.ectort, %,oted
to petition tile city ss_ion in conjunction with your
petition t (1)
Close MorninF,sidc P.-irk from sunset to 7 A.',. each day
with thc= k-x(—.vpt
jen of the 1i).l red tennis and basketball courts which could
be closed a'_ jo
I'.m. and ('_) Keep automobiles off the grass and parked
in designated areas.
The reason for requestin?, the park to be closed at
— sunset is to r,'dL,r
clru:. kind prevent sexual acts which witnesses
have s .en t erf )i r1( .t Er) l ul-i i c sod tt) eliminate other potential criminal
acts. iCeepi;1,;
cal-- cff the grass will not only be beneficial to the grass
but it will 1...cl'
vic-itt,rs from other areas from larking their cars along
the SouLli i en -
;:,;,1 i ;.. inc t',_ 1 r r;d ; os within scventy--five feet of
private l,oMcr
; e,.ial lti on _ i�,days and holidays to the Ch;_,trin local
resider*:;.
�sion r�:ede to those iequest I'm surd
— the
and Laypoi.nt will. be grateful. he have offered
a solo, i,;c, w`
_i cytfryb ,d.: can li%•e with. It is not the solution and
if it isr:'t ti .:::
..ee ;,ill kc• p tr}in}; until the problem is solved and everyone
can once at,a;n
crj,- tl,e raceful tree lined streets of this beautiful
park
and we hope you aq;ree'�
Mr. P]l:mn,� r: 'r - :'laser, cn�- of the things that he is not saying and may
be hi-, to, y r :_:nly t.: clo, l,ut I will tell you the fact and that is
that 1i :ri:inc. ,ice 1^ark has been being used to allow an element to get
across th .a ncl, and cerunitting a tremendous amount of house break ins
at BaN_ a'ci:.' . 7hey lh.nve broken clown the fence and they have left the gates
or fence k-tii they can get in and that is one of the train concerns
of the pe,_ :I- of Saypoint that they are utilizing that park to get over
into >, : t: :'• t, ct lot of house breakins and other illicit activity.
So I ti:i :': ha+ we need to do is, two -fold. One, is to make sure that
that fend, is reinforced at the South end of the park and the second portion
is the cl:;sini; of the park.
Mayor
Ferro:
I will
tell you we ought to look into, Mr. Fosmoen, in
that
northern
portion
of Bay Point and the southern part of the park
look
at the putting;
in
a block fence, because I will tell you my sister
live.i
for many
year.,;
in Bay Point and I have been going there since Bay Voint
open
sir.ct• the
Phipp's fan -illy sold that property thirty years ago and
Bay Point,i: „uilt
and
I want to tell you that, that fence has always
}-een
torn. rli4}y
fix
it and they tear it. And I think it... all it is,
is lust
;-, : irk
fe:ice.
So the,,... whoever wants to get into Baypoint
just
goes: :.nc'
cuts it
and gets; in.
Mr. Heint?. Wtr are equally concerned with the destruction of the grass
due to ti,e 1.'I, of law enforcement of the City Parking Officials... Parking
Ordinances. tie would like to have railroad ties and Mr. Plummer says
tite cost is prohibitive, With ::he cost of law enforcement on an already
strained F. l ,t 11ep;:rt-neiit the higher...
Mayor Ferrc: Cost. more. Yes. And that's... I think the point about
Bay Point is rli:• came• of course; the people in Bay Point in my opinion,
should also pay for most, if not the majority, of a concrete wall there
o:- a l.lo,_:- wall-, but I think tha : should be discussed. And I think what
v.., fight to do is you ought to write Mr. Mckee and set up a meeting
..nr' ?i us., it with him and see i f you can advance a little and bring
I' :_ c tc tl c_ Commission.
P2
Mr. Heintz: I think that's an excellent suggestion and I'm sure Mr.
Mekee would like to be here and discuss it with you, night now our concern
is parking off the... on the grass in Morningside Park and we would like
to see you take some action.
Mayor Ferre: Well., Mr. Heintz, as Commissioner Plummer has already told
you we have taken action on the first two items and the third item which
is the railroad tiers. We have to sit down... and if you would get somebody
from the Parks Department to take that up and come back and report back to
the next Commission or perhaps by the second Commission Meeting of January
or...
Mr. Fosmoen: You have asked us to take a look at several problem parks
and develop a budget, including fencing and so forth for Virrick Park
and we would incorporate this into that analysis.
Mr. Plummer: Sure.
Mayor Ferre: Thank you, (COMMENT INAUDIBLE).
Mr. Heintz: We have two more members of our body who would like to address
the Commission• Would it be alright?
Mayor Ferre: Mr. Heintz, it would have to be in about two or three minutes.
I have already allowed fifteen minutes. We are way behind time. So it
has to be very quickly.
Mr. Bill Harley: :Ir. Mayor and members of the Commission, my name is
Bill Harley. I live at 666 Northeast 58th Street, Miami, Florida. And
I'm reiteratinc, what he has with some additional information. The main
reason we would like to close the gates at sunset or sundown is that...
Mayor Ferre: .•fr. Harley, excuse me, I don't mean to interrupt you, but
we are going t(-• do that. Now, are you going to add something different?
Mr. Harley: Yes.
Mayor Ferre: This is something new. Go ahead.
Mr. Harley: ... is that the vehicle of traffic is bringing the hoodlums
in there at night and if we can stop that at sunset you have done away
with quite a bit of the crime. Now, as far as the parking is concerned
on the north side of the park and the west side of the park, if they can
prohibit parking there after 1.0 O'clock that will prohibit people from
coming down and going into the park and doing the same thing. And my
son does Like......
Mayor Ferre: Mr. Harley, we are going to do that.
Mr. Harley: Yes. Yes. Now. I have got another idea that I'm bringing
up. My son is in Bav P-pint and you are exactly right that they go in there
and go through the fence dourn by the Bay there and vandalize and rob the
homes there. Now, you did have at one time little three wheel park rangers
ME that went in there and you spent a lot of money putting up do not park on
the grass signs and that's worthless unless you put some teeth in it.
So if you could borrow some of these meter maids and let them go in there
and give traffic tickets to these people it might alleviate the situation
that we have of people parking all over the grass. Now, I think that
Mr. Joe Woodnick has some petitions from another organization backing up
what we have said. Thank you, for your time.
Mayor Ferre: Alright.
Mr. Heintz: Mr. Mayor?
Mayor Ferre: Yes, sir.
Mr. Heintz: Just one more comment. Until such time as the Commission
decides whether or not it's feasible to install railroad ties to prohibit
cars from parking on the grass, would it be within your power to ask the
Police Department to try to enforce existing ordinances? This seems to
63
4 a
be a major cause. We are losing a beautiful park because ordinances are
tiot being enforced.
Mayor Ferre: Alright, Mr. Manager, I think that's, that's a totally acceptable
request from a citizen that existing ordinances be enforced and would you
make special, give special attention that, that park is better surveyed
and that the ordinances be enforced. And you will come back... I. happen to
think that we ju.i,t don't have and will not have for years and years
sufficient policemen to be doing all the things that need to be done and
to keep carp, t rcIm going n-i the grass at lorningside Park.
Mr. Heintz. We happen to agree with you and that's the reason why we
asked for railrc,ad tics.
Mayor FeLi-k.:: 4;e need a nerrienant solution and there is another way and
we will be bac.- in touch with you. We will be... I will see you here
the second meetiig; of January.
Mr. Heintz: '.lri;lit, fine. Thank you, Mr. Mayor. Who would like to
receive the eiit.i.on?
Mayor Ferre.: tv'nuld you give them to the Clerk, please. Thank you.
(BACKGROL";:i) OFF THE PUBLIC RECORD)
Mayor Ferre: 'Yes, sir.
Mr. Harley: U,? asked Mr. Woodnick to speak.
Mayor Ferre: Oil,, go right ahead Mr. Woodnick, this is a related matter.
Excuse me, Mr. Rolle.
Mr. Woodnick: Fir-t 1 understand the problems of Morningside and all the
Northeast .ne:> Miami being in citizens crime watch for three years.
I appreciate what these people have been telling you. I have traveled
it 2, 3, y, 5, 6 o'cicr..;c in the morning. I know the prostitution problem
and ev,_ryth n ; 21si2 as -.ou well know. I want to compliment this Commission,
the :layor <ind GeorF;e Knox.
Mr. Plur.mer: i::z =u5e r.:c, what item are we on?
Mayor Ferrv: 1-his is part of the same item, Morningside Park.
Mr. Plummer: Oh.
Mayor Ferri.; This is Mr. Woodnick.
Mr. Plummer: I know Mr. Woodnick.
Mr. Woodrick: And Frank Carter, the attorney that you have hired to
work under Mr, Knox that's doing an excellent job. And once again, I
want to compli-io--•nt this Commission. However, I... and I said I would
take two minutes. I have got a packet of information here for each
and everyone of you and I just want to read this letter from Mary
Lichtenstein uhicl, is addressed to you.
Mayor Ferre: Mr. Woodnick, the letter is before us. May I in the interest
of time say that we have... I'm reading it. I have read it. I would
suggest that you all read it. We will submit it...
Mr. Plununur: ilas the Clerk got a copy?
Mayor Ferre: I will give my copy to the Clerk. And just make your
statement.
_ Mr. Woodnick: Really no statement other than what I'm presenting except
to.. I have to agree in the large part of what these people have just
told you from the Northeast area. We do need more patrol. I understand
the problems. I understand you don't have the patrolman. We do need
them. So we are behind a squeaky wheel.
64
. 10 - 7 1980
'b 0
Mr. Plummer: You should be aware that this Commission this morning
allocated an additional one hundred fifty positions to Department of
Police. That is on top and apart from the two hundred sixty patrolmen,
policemen that we allocated in the budget. We today allocated a hundred
for the CSA Program and fifty for the PSA Program which now brings it to
a total of four hundred ten new positions created for the Department of
Police. So we are trying.
Mr. Woodnick: Yes, T know you are and I compliment you for it. The
problem is when are they going to be on stream with qualified officers?
Mr. Plummer: The problem is recruitment and this morning we approved
a hundred thousand dollar program intensified for recruitment. Sir, we
are doing all we can.
Mr. Woodnick: I understand. That still does not put them on the street.
Mr. Plummer: I understand that.
Mayor Ferret Mr. Woodnick, you haven't brought out a very major point
that is not in Mary Lichtenstein's letter, but it is in the South Bell
District Manager's letter and it is in Mr. Harwood's letter and that is
Mr. Manager, that the Little River area evidently does not have a... is
not a patrol zone.
Mr. Woodnick: It has not been for years and I can tell you this for a
fact.
Mayor Ferret And I'm surprised at that. We had a meeting at Little
River. Were you there?
Mr. Woodnick: Yes, sir and I met you there.
_ Mayor Ferret That's right. That's right. Now, the question is...
(BACKGROLTND OFF THE PUBLIC RECORD)
Mayor Ferret That wasn't mentioned that night.
Mr. Woodnick: NO, it was not.
Mayor Ferre, We had a meeting with the community and the merchants of
Little River and nobody ever said at that meeting that Little River is
not a patrol zone.
Mr. Woodnick: it is not. That's Sector 22.
Mayor Ferret Well, I'm very surprised at that. Could you have somebody
in the Police Department answer these letters?
Mr. Fosmoen: Yes, sir.
Mayor Ferret Get together with Mr. Woodnick and the people who have
written these letters and would you report back to the Commission in
January as to why Little River is not a patrol zone and to see whether or
not we can make Little River a patrol zone?
Mr. Fosmoen: Yes, I'm going to need a copy of the communications.
Mayor Ferret Alright, Mr. Woodnick, thank you.
65
DEC
6
6
2 3 . PERSMAL i%ITFARANCE:
I-M. LIVINGSTON ROLLE REGARDING THE
OVERTOi•a' D1?VEL.OPNFN T AUTHORI'IY.
Mayor Ft2i rc: :1l r i;,ht, we are nnw on Item 114 which is Mr. Livingston
Rolle It f,.lrri t' }; the Overt(,t 1n Development Authority. Is Mr. Rolle here?
Mr. Rolle, sir' Mr. Rolle, the Chair recognizes you.
Mr. L.i.vinl;s.ton krl.l ;: My nnme is l.ivil:gston Rolle, 241 Northwest 17th
Street, a rtl,c;i r:t er rtJal c 7tate• hroker in the City of Miami.. I'm here today
in refereu e to file recomtr,e ldation of citizens in the area regarding the
Overtowr! ,fe "°lcnme w. thoi -, t•: Cln llecember the 2nd we met with the
Count}' tDili: I ::ii,!1 ar.d iii rasp `il e to the program t1vit wa, presented by
Mr. Ree,3e, 3, he talked about the control mechanism for the
area. At least the area of the program and as a result of others meetings
that w*u li:iv(� 1,.id 1)ri.nr to that and ,Ince that we have made certain
reconL;ienclat;cns rsnd I understand that we are pressed for time and I think
each of y,,,_ b,ivc a COJpV of the proposal. So I will just take a moment to
say t1hat- wt, ft i-liat: the propc!,al th-it we are m.:iking is reasonable and
that we li,%vc .tuthul-i tics scat 1111 in the Dovnitown area and in other areas
of the Ci tv t1:.it wr fc.(, l th�it an Overtow-n Development Authority can be
a most eftectivk IT chani ) !rr controlling the development of the area.
We feel. t :it 11 1oc,!1 pc 1; 1,' involved in the 1•1rinning and the programming
of the arci:... i think we i:an contribute greatly to the stability, the
tranrluiIlf.• ,ii-�a. A) a ,i:, re:;ult_ of this 1•:e have met with the
Count,; i r sic n ird ve .ire here appealing to you Lt.) take our suggestion
and i zf: ? t 111 t:; !: 1-01ia Fi 1('_SOlution so that we can have a three
Way 1)ar t,.1 ;t_' L.l t' ciil•". !.l1, LoU?]ty 3T[d th(- resi(!-AitS establishing
the ki ild ,f r, ] -t i Olt- h: p late feel that would be nec cssary in the future
devE'1(:Yat,lt . I l; ' Overtcw,7i area. :.O14, . llayc Wl ell me ends}' *1r. Muses
Florence and ?lr . ,.hcriie jc)innson who would l.iko to...
Mayor Ferro: :,i i:,,ht., Mr. Florence, the Chair will recognize you, but
I thinJ- 1 t r!,..1 - c _f ore. Coll �•pec.k may be father may want to reiterate
brie"IN, w'hnt lac this morning about getting together.
Rev. Gibson: des, Mr. Mayor, I said it this morning, I said it yesterday
and I said: it ir.onths ago and while you were not here Mr. Florence and
Mr. JT-Chn: or, l o• ; h ,rc end I r cn1' t think we ate ready to move yet. I have
some... ont- cr t,,— questions that are most important and valuable that I
need to 11._!vu c it-r3red up and straighten out from the word "go". The
concept may l:e alright, but I'm not only concerned about the concept.
I want to 1;ake sure and straighten it out and I'm worried about the
participants.
Mr. Rc,1lo: lti<. hive no problem with that Father.
Rev. Gibson: Well, I just want to make sure, you know, I have a way
of putting mine on the table and then when you leave here a lot of you
don't understanf' what I say. I'm concerned about the participants. I
told Mr. Florence and those months and months and months ago, more than
a year I wentf,i a surv:y made ro determine who owned what and how. Remember
that? Weal, yew !'now, may he you have, but I haven't seen- it and now
you want me to vote in the dark or help to propose in the dark. No,
I don't do it tilat way. And I got your board members. You remember, I
have sore grk-at concerns. I don't think we have to go to Minnesota and
get a tear.: tc, Lc!re here end �,ttidy Miami because there are some of the
nooks and crbnniuF they don't k110w. I was born and raised here so I
know any aild all nooks and crarinies. I am ghetto. They don't know
nothing about gh -tto. You know what I mean? I.et me say, we want to...
I would like r[� have them acknowledge that you here heard what you said.
But we better p,,[; back to that drawing board.
Mr. Rolle: I will be glad to set up a meeting with you any time, Commissioner.
Rev. Gibson: Because you know, I said that I wanted an outfit starting
�V
W
11
up on 22nd Street North, 5th Street South, the railroad East and 7th
Avenue West. You remember that?
Mr. Rolle: Specific or what we have (COMMENT INAUDIBLE).
Rev. Gibson: My brother, I hear what you say. You got part of the story.
You don't have all of the story. You understand what I mean? Let's
acknowledge that you made the appearance and all that. We better go back
to the drawing board. I not only want what you said, but I want it attached
to a specific g.,fogrnpllical area. You understand? And I want that kind of
a thing set up that when Dade County start talking about rapid transit
you know, they are going to recognise that board too. You know? And that
this one doesn't have his little piece and that one have his little
piece because already you heard a presentation here this morning, you
know, that they arle cutting a piece of the pie my brother and I want to
make sure that there ain't going to be no cutting of the pie. You understand?
Beautiful. Alright., sir.
Mr. Moses Florence: Father Gibson, we are at complete agreement with your
statements. We have been working as you know for the last seven to ten
years now on betting to the point of the redevelopment-. The actual
implementation of redevelopment in the area and I think that the points
that you have. brought up are very valid points and I agree that it is
necessary for us, the community to set down and to work together. And I
think this is the first tiritt, t-ir. Mayor, that you are seeing the community
working together to try and bring this about. And with your support...
Mayor Fcrre: I :u-.i gl.acl for that day. I really am.
Mr. Florence- Right, Mayor. Xnd with Father's support I think we can make
it happen.
Mayor Ferre: Alright, sir, thank you, very much. Mr. Johnson?
Mr. Charlie Johnson: Commissioners and Father Gibson, I would like to
express or. behalf of the Overtown Economic Development Corporation the
fact that we are in agreement with your statements Father Gibson. You
have our Boart' ]ayuut, our request for boundaries and the nature of our
corporation and that signifies the corporation of all elements in the
Overtown area in concept. Thank you.
Mayor Ferre: Alright, sir. Thank you, very much, Mr. Johnson. Anything
else to be said on this item?
2- . PERSONAL APPEARANCE: Ia. STUART SORG, PRESIDENT OF THE COCONUT
,ROVE DEVELOPITLNT AUTHORITY, PRESENTING A PILOT PROGRA:l ON
CON'ft'NIIT' STABILITY AiCD EC0N01\11C DEVELOPME\T
Mayer Ferre: If nut, we ar,- now with Mr. Stuart Sorg, Item 4A, the
Coconut Groat IDuvelo};ment... Sir? I will Mr. Sore. Yes, sir.
Mr. Stuart Sort: 1'1: Stuart Scrg, a resident of Coconut.Grove, 3091
Lucaya. 1 would like to presont today a recommendation for a pilot
program for con:TMiunity stabilization in the village of Coconut Grove.
Each geographical area should be a designated community with the
responsibility for the action of the people in that community. Community
stabilization could only occur when a basic grass root, street level
program has been established for the people and by the people. Select
people from each conanunity would be provided with the resources necessary
to impact on the problems in their own community. The community
stabilization program would provide beneficial work experiences. A
meaningful learning experience and the opportunity for responsibility.
How would a pilot program such as this work in Coconut Grove. First of
all we would geographically identify the boundaries of Coconut Grove
which we have already done. Each community would form a street level
comitment committee, It would probably be sixty percent Black, thirty
Latin, ten percent non-Latin/White. This cormiitment cotmnitte would be
composed of persons having a daily working relationship with the people
who would mak(, up the street level program. In Coconut Grove the following
people have alr+,ady agreed to serve on such committee. Walter Green,
Billy Rolle, Ire r ca Brown, Isaiah Polk, Pinkie Sands and myself.
There wov_Jld 1,t. .1 art_i,ll st:reeninf, and employment of these types of persons
and they ut rot-i est.lbl ished criteria which is in the proposal itself.
The establisiI:.r,1t ? a li-rst class academic program to encourage learning
but cfferi_rr; a frt_i_ exchanf-,e of irit_a:; with a common ;goal of stabilization
in the it_huilding those same fundamt_nt_a1s in the City of
Miami. I'h•_ v „-ti. i i_ca:"n about ilhe history of Miami and the value of their
communitV Lo t ilt City i tsuif . 1-hev would learn about the administration
and tl:e cpernticrl ct their ci_Ly. They would learn about how a city can
fail to onci7 ithmu man gcal.s. They would also learn how a city is
successicll h! , (!ink tllc nc;_•(is of its people. Tlu•v would learn also
about 1,t•w t;ii• ;; •,f a city can be reflected in the attitude and
the LUf--T-, i r,l ('il indlVi(1(l,li C:OT11-TIUnity. I'lle pro.grain should provide a
desire ;ind ;Tide in sO,it2thin�, Lhat the people can Lelieve in, in each
geograpli:cat ,Irt;;. ir;, Ii,ld Teams, the Green Beret all are street
level. proy:ra:1:: Buy 1-1hese arc people who have becnmed inspired, motivated
achie%,ers anti tl y w(.rt: L,�:ught. �I e would also teach the people in the
commullity 11�w Lo (;n their How important '(.heir job is. How badly
they are nt�ede.`. in the t or,,r.luait ; . And we would provide leadership
opporrunis i(-, it.r )k2lliq, i e plc to. bep,in building, positive attitudes
towards in ltrtnc.theninh ('ur ciLies. It would increase employment.
It would 1"t:du( _ . it- 1 distiirban^e:; It would he a better blending of
the race, in (:.,• i. f>uur,uni t% tr),- (ormlercc, social ::Jed cultural benefits.
Rie c:uccw,. c! 1:' of lot j`rUt,r.ii, would result from an overseeing by the
Coconut Cr. :'( '.':'t'111 Tf:(`ilt ritlLllOh'J L',' and the proj,, am would ultimately
cart:' a%i _,;. it the ""Ity such as Little Havana, Liberty
City alit' C•,1111,.:. Tilt ar;;_ I t,sponsibility for tht• comTrairi ty stabilization
would rest 1. i t:l! uacil (,i the he people in cvery one of these communities.
We wOt.tly ! 1't::''i;;I i'?^ tt.t't' mt_'.(rCi'.11 an(1 sominars on how the
races :tl'!- tit,: .T':l;' ir):1iS ttir :,oul(': also y,reatly reUTlce t1le requirement
for ria1;sivr:• :.it Liorl ;)i:u _l7T:Iln %•, the (:C'vUr or's call for the
national u.1 t:, WL n1usL take this pilot program to the people on the
stre(( in u:.itius. We i,iust aslc the people for their help and to
show the.:: ;,ow t,, ij, tilt: city. We must motivate them, educate them,
reward c11 n c Li t_1r ;,1th jobs and respectibility. Additionally,
s fcV PLI)t � a deep illt(_rest: in the program. Judge
Hoover, :ii._.e !,GrL, Lui, Sabinas, Jackie Bell is in the audience
►.aura O''.-r ii, icir,t; Lod:: Chat •.:e give consideration to this pilot
prog-, am. i';:;; C i - 1 ek;i in Coc,)nut Grove and thar it carry forth into
other st•( I .)rs i tl,t, Ci Ly. It Is a unique program, bone like it in our
Country. I tl;ink w,o can s tart soTr,eLhing here for the first time in Miami.
Mr. Lacatia: titti rt, and the funds will come from CETA I understand?
Mr. Sorg; Yc-,, sir.
Mr. Lac, sa: nt' th-, will be allocated to the City of Miami and the City
in turn. wi. ! <,1 :.catL it to You or you will get it directly from the
consortium?
Mr. Sorg: lilty would work through the City, but the Development Authority
would be in tihe running; of the program. It's all part of the
other prescntatian which I think you have in your portfolio.
Mayor Ferre: Alright, Father Gibson.
Mr. Lac Fish: 1 retllly c(:rtainly cuii rend you, Stuart, for this program
because actuiJ_l; if Lht•re is something that we need in the Grove and
every place els( in the City of Miami, but basically, at this point in
the Grove is a sort of a progra-n such as this. I think that it will
alleviate treu:endous tensions. It will help tremendously to stabilize
as you well put it the situation here in the City of Miami and as far
as I am ccrn::t.•r-,lc-ci I am all for that.
Mr. Sort: :IL) I Inakt r.;I1C' CUTIQLE11t,
after Oho riots :,t :7th Avenue and
who appeared wh,: Lad his, .. a very
in the corner. During the course
City... I guess the County Mayor's
Mr. Mayor? I attended a breakfast
5+th Street. 'there was a Black man
unusual looking costume on who sat
of the evening or the morning the
representative made some awards.
Ed
_ And he brought this man up. He said I want Mr. Turner to come forward and
address the audience because I want to give him an award. And he said you
see Burger King across the street and Gulf Oil burned to the ground. You
see Norton Tire Company burned to the ground, but you see the shopping
center. Nobody touched the shopping canter because it belonged to Mr.
Turner who was the security man who lived in the area who knew all the
people. That's the success the program would be built on.
Mayor Ferre: Alright, Father Gibson?
Rev. Gibson: Mr. Mayor and members of the Commission, I want to tell
everybody I live in the Grove and I think if anybody knows the Grove,
I know it. I have been thirty-five years. You name anybody who has
been there within the last thirty-five years I know them or know about
them. This program is kind of new to me. Not only that, you know,
I am concerned that you are going to ask for this kind of a money.
And I'm worried about whether or not or what part the police is going
to play in this program because after all you know, I don't want us to
_ go off half cocked. Now, when you talk about authority... Let me raise
some very... Mr. Lacasa, I want you to hear this. I'm very... where is
J. L. Plummer? Come here man. I understand. I'm very concerned about
a development authority. These names I see are the people who
constitute the nevelopment Authority?
Mr. Sorg: Some of them, sir. Most of these have made a commitment to
serve on the Committee to get this going.
Rev. Gibson: Well, let me make sure everybody understands. I ain't about
to give nobody my money that I don't know. Not only that, I take the same
attitude al)cut any Development Authority in Coconut Grove as I took about
Overtown. You know, that money is for the under privileged. The
deprived.
Mr. Soig: we aro., not asking for money, Father Gibson. I'm not asking for
a nickel.
Rev. Gibson: Well., let me tell you. Wait a minute.
- Mr. Sorg: I want_ to oversee a program run by the City that's all. I
want to make :cur it works and I will give my time.
Rev. Gibson: I don't want you to oversee a program run by the City.
That's why we have paid people. Oh, yes. And that's why I want the
kind of thing you are talking about to be done by the Police Department
even if they...
Mr. Sorg: They have approved this Father Gibson.
Rev. Gibson: Mr. Sorg, you don't hear me. You don't really hear me.
You don't really hear me. I don't think you hear me. No, I don't think
you hear me. I hope this Commission doesn't want me to explain any
further.
Mayor Ferre: No, I think it's very clear and as far as... I think this
Commission hears very clearly and I think we hear you.
Rev. Gibson: Let me add this. You know, I get very, very upset in this
community when you... when they start burning everybody comes to get me.
I am the _ you know. When everything is going
hunky dory and smooth and all that nobody says a word to me. Let me tell
you something man, the best way for me to tango you are going to ask me.
Oh, by the way I learned that they have a new dance something like you
do your thing. You know, you get out on the floor and you just... by
yourself and you dance. Make all the capers and the all the other things
you wish. I learned that, that's a new dance about three or four or five
years old, but the dance I have always heard was two step, fox trot, waltz
and you know, and you have to get somebody else with you. That's the
kind of thing I'm concerned about. I want to make sure we are doing this
together so that what has happened in the past won't happen again. And
Mr. Sorg, 1 would like to start from the very beginning. If I have done
without it all these years, I could do without it a few months more because
I want to make sure we get all of the people involved. A good example,
they could have a meeting on what they are going to do about crime in the
Black area up in the Grove and you know we weren't there. We weren't there.
69
i
a
Remember that Mr. Lacasa? Right. We weren't there. I hope I have made
my message clear to this Commission.
Mr. Plummer: Well, the message I understand is that this item is to be
deferred and Mr. Sorg is to talk with individual Commissioners primarily,
Father Gibson aind other leaders of Coconut Grove for a meeting of the
mind.
Mayor Ferri,: N;�iku sure everybody is invited to the party. And especially
if. there .is gotn�; to be some dancing make sure there is two people dancing.
Rev. Gibson: Right.
Mr. Sorg: Am 1 to understand that the Commission is basically in favor
of it but 'tie wants to work it out. Is that what we are saying?
Mayor Ferre,: Well, I think the message is very clear, Mr. Sorg. And the
message is that you have to make it participatory. Father Gibson feels
that it is not been sufficiently participatory and that you have got to
open up the process where Black Grove and others have an open opportunity
to also participate. Especially since you are talking about the Black
Grove.
Rev. Gibson: Not only that, I want...
Mr. Sorg: Well, we are talking about the White also.
Mayor. Ferre: And white. Black and White.
Mr. Sorg: We arc- talking about the White sector.
Rev. Gibson: Well, let me say this. Not only that let me say. If you
are going tc litiiip, a corunittee here and only one White on it I'm scared
as hell.
Mr. Sorg: Well, what would you recommend I do Father? What's my next
step"
Rev. Gibson: H,y, man, we are going to tango in the Grove. Now, there
ain't going to be no... what is that? What's that new dance? What did
I say it was'
Mr. Plummer: no your thing.
Rev. Gibson: Do your thing. And there will be no do your thing. It's
going to be our thing. Our... we are going to do the thing.
Mr. Sorg: Will you meet with me Father and discuss this program?
Rev. Gibson: I want to meet with Mr. Harrison, I want to meet with
Ken Treister those kind of people, you know, 1 want to meet with all
across the beard. Right.
Mr. Sorg: I)o you want me to set up a meeting for all these people and
yourself .lnd the Commission?
Rev. Gibson: Sir, I don't care who set it up, but I want to tell you
don't set this one up like they did that other one.
Mayor Ferre: Fattier, what's the name of that dance? ?
How do you say it in German?
Rev. Gibson: (Amswered in German)
Mayor Ferre: (Repeated in German)
Rev. Gibson: Right.
Mr. Pluruner: Mr. Sorg, what's really being said sir as soon as you learn
to shuck and Jive you will be back here.
Rev. Gibson: Right.
70 DEC? EC 1 1980
VAIV-, NNW -
Mr. Sorg: Father, I will get back with you, sir. Thank you, very much.
Rev. Gibson: Please do.
Mr. Carollo: One question before you go. Where does the Navy Field Teams
Teams and the Green Berets get off in here? I just keep looking at
the paragraph.
Mr. Sorg: These are street level people that have been taken and trained
and do a good job and that's what I think we can do with the people right
here in the Grove and Little Havana and Culmer and every place else.
Rev. Gibson: Let me answer that partially. If what I heard described
_ by way of a program this morning and yesterday that, that gentleman talked
about... what's your name please, sir?
Mr. Parkins: Parkins.
Rev. Gibson: Mr. Parkins. If what I heard him describe to us yesterday
and that the Police Department didn't object and that we could pay those
people to go on and do. They do the screening and then they give them
the examination. 1 think that is a far better thing than what I hear you
talking about. Because it would not be throwing... Well, you know, later
on those same pcnple based on the program he is offering would be recruited
for the Police Department if they like that kind of work.
Mr. Sorg: Fat.i:er., that's what this program is. It is a police pool program.
_ Rev. Gibson: V9iat you don't understand that I'm saying is I want the
Police Departi.,,nt. to do it. I thought you heard that. I'm scared of
the other folk doing it.
Mr. Plummer.: gull, Mr. Sorg, let me try to interpret for Father. What
Father Gibson i. saying if in fact it is going to be a program in any
way associated witin the Police Department we, the Commission expect the
police to be in full command and control of any program under their
reputation.
Mr. Sorg: Which they are.
Mr. Plummer: Alright, sir. This program as proposed by you as I read
it is not a polici- type of program.
Mr. Sorg: It...I have a letter from Ken Harms where he has accepted it
and we worked it out with the States Attorney's C.Iffice, with Mr. Harms
himself, Chief Harms and that's why I'm presenting it.
Rev. Gibson: Well, i tell you this if you had your letter make the letter
part of the record and let me do the other thing. Mr. Manager, you make
doggone sure thc. Chief is here at the next meeting. Ok?
-I= Mr. Sorg: Shall we come back at the next meeting with the program?
Rev. Gibson: No, no, want to talk with him first, then we will invite
you. Oh, yes. The Chief, you mean to tell me this program... you know...
Mr. Plummer: It's news to me.
Rev. Gibson: Where is the letter. Let's see the letter. Let me call
my assistant and tell her make copies for me and the rest of the Commission.
Ms. Summers, please come forth. Alright, would you lend me this long
enough, sir?
Mr. Sorg: Sure.
Mr. Fosmoen: Commissioner Gibson, there have been a series of conversations
between or among Mr. Sorg, the Police Chief, Rob Parkins, of
the South Florida CETA Consortium.
Mr. Sorg: A-nd Tom Peterson.
Mr. Fosmoen: Tom Peterson and others involving the concept of community
service aides. Mr, Sorg, was making a proposal to the South Florida
CETA Consorti11n1 to fund some community service aides. Through discussion
with Mr. Sorg;, Mr. Parkins in my office: and myself his basic concept was
incorporatcli Uto the presentation that was made this morning on the idea
of recruiting kids coming out of high school into training level positions.
Now, Mr. Sorg;, requested from the Police Chief a letter indicating general
agreement with the idea of a training program such as he has outlined. The
Chict and i iald ,;everal conversations about that and the Chief expressed
to me the game concern tl,it: you are expressing and that is that the
community servile aides be a part of and under the direction of the Miami
Police Department. 1 don't believe that the Police Chief's letter to Mr:
Sorg is in co�iflict with what I hear. the City Commission and you particular
saying; and chat is *--hat the program should be run and administered by the
City of Mi a.nf.. Ili,; opinion acid his position is no way in conflict with
that, but rather it was a series of informal discussions trying to get a
program going, that would bring younger people into a pool for future
police officers. So the Chief... you know, the Chief was simply indicating
a level o` u}1} ;r!. fer t11 idea of involving youth in a police career.
_ Rev. Gibson: i•1r. M.Wngu; , ? hear what you say. 1. heard wliat Mr. Sorg
said and I rk-,id `Ir. Sorg'!- request. They are not the same. Now, all I'm
saying to you 1-hi:;... wait, W;Ji.t, you know, I'm dense. I'm a slow
learner. I admit that. I wane the Chief here and I'm not adverse to
the Chli 3i . I '011 ;t d0r11t wallt 115 to, you know, inake a decision in his
absence. 14y position yesterday was clear. It was clear this morning.
I want... it ;1r. Sorg;, wants that kind of a program I don't want to
depend up,-lri to Rio i * . I'm depending; upon the Chief.
Mr. Yosmcc'r,' l r,::i r i. leer, the Chief supports the concept that this
Commission .ipp oved this; morning and that's, that...
Rev. Gibson: Tl;at i.�-3 not... my brother you don`t... listen, I think I
speak v-ir );-J
Mr. Pium-mer: Well , let me put.
Rev. Gibson: Tell him what I'm saying Plummer.
Mr. P 11.1;nr-.er : t, i a t I ' 11i saying is may be is the same thing that Gibson is
saying, but I sneak Coconut Grovite.
Rev. Gibson: Right.
Mr. Plummrer: That those hundred people that we this morning approved are
for no one bur the Police Department and shall not be used in this program.
Rev. Gibson: Air,er. Hallelujah. Amen. Hallelujah.
Mr. Plummer: Ok, so if you are going to start some program with Mr.
Sorg nn a stri'et level basis that would be beyond that hundred under an
entirely different concept.
Rev. Gibson: Kig;ht.
Mr. P1uumior: Fine. Now, I think the overlying, factor, Mr. Fosmoen, is
that a lot of thii preliminary work has been done without Commission's
knowledgk, and What Father is saying is that if you want us to dance
you have got to ask. Don't do too much up front so that the Commission
doesn't have It's; right to speak it's mind. Now, take it back let's
rehatch it. Let's get all the people together and let's sit down and
talk about it nnci see what, if we can, in the final analysis come up
with some 11rog,, aii: that would be beneficial.
Mr. Fosmoen: You are absolutely correct, Commissioner.
Mr. Plurmiwr: Not me, I'm .just interpreting what Father said.
(BACKGROUND CUn-IE:NTS OFF THE PUBLIC RECORD)
Mr. Sorg: Any further questions?
V
0
6
Mayor Ferre: No, sir, Mr. Sorg. Thank you.
Mr. Sorg: Thank you, Mayor Ferre.
25. CONFIRMING ASSESSMENT ROLL: DELAWARE SANITARY SEWER IMPROVEMENT
IN DELAWARE SANITARY SEWER IMPROVE'T_NT DISTRICT SR-5390C
(CENTERLINE SEk,q'R)
Mayor Ferre: WE are now on Item 4B, Confirming Assessment Roll for
construction of the Delaware Sanitary Sewer Improvement. This is a
public hearing scheduled for 2:30. Is there anybody here who wishes to
speak to that? If not, is there a motion?
Rev. Gibson: Move.
Mayor Ferre: It's been moved by Father Gibson, seconded by...
Mr. Plummer: I'm sorry.
Mayor Ferre: 4B, Delaware Sanitary Sewer. Seconded by Lacasa, further
discussion, call the roll, please.
The following resolution was introduced by Commissioner Gibson, who
moved its adoption:
RESOLUTION NO. 80-895
A RESOLUTION CONFIRMING ASSESSMENT ROLL
FOR CONSTRUCTION OF DELAitiARE SANITARY
SEWER IMPROVEMENT IN DELAWARE SANITARY
SEWER IMPROVEMENT DISTRICT SR-539OC
(CENTERLINE SEtdER); AND REMOVING ALL
PENDING LIENS FOR THIS IMPROVEMENT NOT
HEREBY CERTIFIED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk).
Upon being seconded by Commissioner Lacasa, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
26. DISCUSSION 01 ARCHI'If:CT'S CONiCl.P7' FOk 'Al,
Mayor Ferre: Alright, we are now on Itenis 4C and "D" which is a continuation
of the Committee of the Whole hearing. That is not so, that is a
misnumber. This is a public hearing for the purposes of discussing
both the architect's and the FEC proposal.
O E C 7 19$n
Mr. Plummer: Mr.. Mayor, it is still under the title of public hearing.
Mayor Ferre: Yes. Well, it says continuation of Committee of the Whole.
Mr. Fosmoen: Arid rather than having a public...
Mayor Ferre: Ali APtlt, wf. have a problem here with one of the members of
the t.'ur missic>n ttiar have to leave. I want to just for the record say...
because_ h will he hcre, for another half hotir, but be% and that. With
regard= tc th�:r rl.i' i r^n0,al . Originally, I had stated that I thought
this war ,+itiE ht l .' impoi tanr_ that we ought to have at least two public
hearings. llle Cunrii.ssion concurred with me at that time. I would hope
that, that %.- il.d r,t.ii- br• the cane. We will have... today will be one
pub is hea: ink;, 1,-; wi i.l. have a second public heariTiF, ,ometIme in January.
We wil] h,3�'+: to -;e'.;ect the elate. Is that alright with you? So that
Armando can '.::titr'. in other words, we will not he Voting on this matter
today,
Mr. Yl.um;:,ri' t+e].i, :•ir, Navor, just so that we don't preclude all. alternates
There i h,i rt_;i i:;, elf pussibilit-,- that an action of the Commission today
would 1 1r(2 lu;':r a c=con'a meeting.
Mayor r r ri : i� >, the:t'S ef.activ wliat I would hope would not happen and
that's why' l)eiCTt, Armando LacaFa Leaves that we...
(RACE(;i:OL:'D (:0*12MENI OFF -NE PUELIC RECORD)
Mavor Fe�ir, : 4:_ll, ;ou wn:lln't have three votes anyway, I don't think.
But you aiid you know, .
Mr. Pl,TLE.: r: i'l , well, Ti';• .just saying that's one of the other alternatives.
Mayor F rru: li , tlitit's exactly wlly L'm makin the statement that I'm
makint; r.i nr r in other words, I wiiriL to put it on the record so
that if is n to be cliallengec: let i.t be challenged while we have a
full Conn. :;:;ini th.it it is not. the, intention of the Chair to call for a
vote o,-) _', ;:. l,:•opcs[il of .rl the matter that i:> about to come before
us pres'entt ; tree architects today. That we will have a full public
heari:,k tc_'.:v. Le'_ me. explain further Mr. Plummer. We have requested
the Ch.iTtiher of ).n1:10-1 e. the D— owntotrn Action Conmiittc•e, the Board of
Realtors and , t, Gci•don was at the meeting a couple of days ago where
they heard the pre Sell La-Li0rl. The architects, the Black Chamber and the
Latin Chan:bi r.
Mr. Plummer: ::rho called Lhe meeting?
Mayor Ferre: 1o. Manager gilled them under our instructions to get
community input.
Mr. Plumm(—.r: We were invited?
Mr. Fosmo,rn: ;. was invited yesterday morning to a meeting of about
six realtors who are, were representing the real Estate Board and I
expect to be invited hick. for a full presentation before the Real Estate
Board.
Mayor Ferre: hell, I think tiie point is whether or whoever is there
_ is that these presentations are being i:iade and I think we should... this
Is an important en.uugh subject where we let the conimunit�, express an
opinion. I would before we have our second public Marini; have a
position, J.L., frum the Cliamber of Commerce, from the }flack Chamber,
the Latin ('i,e.r,i?,.:r, the, Architects, hopefully, from the Board of Realtors,
Rose and from <:11 the otlier community based organizations. Ok?
Mr. Henry Alexander: Mr. Mayor and members of the Coimnission, my name
is Henry Alexander. V ::: the President of the Florida South Chapter of
the Airiericcll lnsLitut:e of Architects and the purpose for my presence today
is to uddru:.-, i_'<< ju..stian of a proposal for the: devc-lopment of the entire
Bayfront. I wr:ul.i like to bring you up to date oil the AIA's involvement
in this pro toss, and essentially why we are here today with this presentation.
Several ago at the invitatic,n of the City we were asked to consider
a design jjrc:-,�(;; ;,1 f'or Bavf a ocit Park. Essentially, the Noguchi scheme.
And at ti—,t {". c0ilm-'t-i(- ',.'as fOnfiid I,)- the Ch.:ptc•r t0 take this under
r•i
1 .J cP,;
consideration. The results are we approved the plan. But in so doing
we became immediately aware that there were broader issues that needed
to be addressed in conjunction with this isolated design and that there
were issues that we wanted to be involved in discussing and bringing to
you. At a previous Commission hearing Mr. Arango a member of the Florida
South Chapter presented to this COT.imi,;sion a pro oral. Conc,irrent ly that
same proposal watt made to the? Fl rt.lri South Ch ipter foi t}leir consideration.
In that presentation curtain issuF�s were Presented along with the scheme.
The scheme addressed there issuee. We as a board vote.l to involve ourselves
in this process of cons,idcring thec_e issues. And b,. C:ar,;mittee involve
ourselves in hi>pefully, identiiyi-ng an.i ce:ntinuin cur p,irticipation in
_ bringing these issues to the public and to the Commission. We met with
representatives of the City's Planning Department and other agencies who's
involvement :i:• very relevant and concerned with the l:ayfront Park. The
culmination of these meetink;s with the Chapter and governmental agencies
led us to, I. think, four- very strong- conclusions, ideas, issues, c()ncepts
that we wish to pre:,ent to you. They are as follows; That the entire
public Bayfrent area requires unification. That's unification of the
public Bayfrrint from Bicentennial Park to Bayfront Park. Secc,ndlr, there
should be a strong int t:g,rat ior: of the city urban core with the park and
with the bay. That Biscayne Boulevard as it exist now is a harrier to
accessibilit•; to the park. And that accessibility to the park is an
essential ingredient in the life of that park. And last that public and
private activities should be introduced into the park tc stimulate its
use. We identify these' as the criticai issues. Theplans that is being
presented to you toda,:, addresses these issues. There ray be other solutions,
but we believe iti thi:> plan. These critical item~ are addressed. I would
like to at this tisit l:res�nt ?r. R��bert 1:rown, AIA, who is the Chairman of
the Design Review CoMn;ittee very much involved in this process to begin
the presents t i can (,f t }ii.s elan.
Mr. Robert: ?3rown: P?.anG: vc:)u. 1 would add a couple of things to wilat
Henry has s,.id '` `C< U;?i we think they arc important in addition to the four
main elerien: s .!rat th, pia„ ratteinpt.; to address. '„c t.}dill: that the
economic feasibility by means of trade offs, by means oi= commercial leases,
and parking, revenues within the area designated ti-,iS par''r. arc_ to be irlvestigateu
We think thr,t. ail park devc,lopment _�t ground level is ac-ce,sable to the
public in perpetuity. That no deveicpinent occurs that denies access at
the ground ie% t l to t}:e public in part: property-. r"":nd finally, that no
matter what_ devices are conceived or trade offs that the open park area
of the City is never diminished through those dtvires. I'm going to ask
that Jorge Aranz,o brief iv run yoit through the main elevients of the plan
and I... we have- some slides. I don't know if... I would to be able for
people to see this and I don't know the best way to do it. May be the
slides would be better.
Mr. Jorge Arango: My namt- is Jorge Arango and I would like to explain
in very short words what we have tried to achieve here. We believe that
Downtown ;Miami is going through a very important moment in it's life. It's
growing. It's going to r::pand in the future and it needs certain things
that have to he planned and done now. One of them is the integration of
the park with the City and the opening, of the waters edge to the center
of town. This relationship, this connection we believe does not exist
today and will not be achieved by any kind of landscaping done on the
park. We believee that only by making, it feasible for the- people of Downtown
Miami to be able to walk ]Lisurely and easily ou the park and toward the
water's edge we are going, to gcet a busy park and a park used by the people.
This will ol,viously bring,, a park that is safer and i parr: that is an
asset to the City of Miami. We believe in increasing thu facilities, the
water facilities and we think that by spilling the hark over to the core,
the built core of tht City and spilling the core into the park, getting
an intergratiorl of the two we could achieve not only an improvement of
the park, but ue would be able to probably finance a great deal of the
cost of this work. It is at time important to make the statement that
the park bhould be maintained at least as Large as it i.� today, if not
larger, and that at no time there is going to be any tart of the water's
edge that would not be opicn to the public. Another aspect that we have
considered very intensely or very carefully is that the parade, the New
Years parade could take place on the- water's edge and u:ake it so interesting
because the fact that the parade would be done together with some water
barges of fireworks, etc. 'Then I would like to try to explain from here
4 4
it's little iar .:;way. But the Boulevard is moved toward the east side
of the parr: and the park covers part of the Boulevard. Those holes that
you see there would be very large and would allow light and air get into
it so that at r.a time the Boulevard would be going into a tunnel, but
It would allow the people to move directly from the city to the water's
edge. Vl,:tin It -et-; in front of the Marina, then the Boulevard sort of
goes up iii e ii %• it -d so that when it... the entrance to the Port would go
underneath. 'ilrit point the people would he able to walk directly under
this and at.;ai; to the water' edge. There are some aspects of the plan
that I thin: a i i• ; mportant h: taus t, have to do with the trades of land and
I would ii'<e 10 to y,ive us some of that.
Mr. Charles, lriwi,y: I'm Charles Pawley. I'm an architect. Is there anyway
that 1 can ii•:e thI_; mike over and point to the...
(BACKGFOCI�P t.0,,V",t.N (IFV THE PUBLIC RECORD)
Mr. Pawle_,�: I w,tnt to say a couple of general statements. There is no
idea }tore that t w.> are pr<�posing is new. `ianv of them have been talked
about be i or< Tl:e ;i fi erencc ';ere is the combination of ideas and what
_ makes t'.em woo,'K . A-; ii.i, we are talking about this business of not reducing
the park area i.<ivin?, the trade offs which will make, financially make this
idea wor';. 1'sin�: f,,r instance, we are taking Biscayne Boulevard away or
moving, it ;iud there is a loc of parking on Biscayne Boulevard. Well, a lot
of. people 4i "oh, my (Y'od, what are we going to do?" We end up with
about ten t ir, :i,• i,ucli parking in this park as. you now have on Biscayne
Bouleval ci un }c: cover. If you were staging the Orange Bowl Parade all you
are 1.:uu16 i,•_ under cover and then when you go down the promenade
you are. <ilcr.a. ed},c . 1'o�1 can seat semi=thing like four thousand
People .ur;i ii: scatint, nrua. In addition to that you have this huge
hill al L rit'.ir3. you cr;r; seat twenty thou,,<<ni; more people. So you
would ..... ii :l_ Sni't•: iiIti: Lie rugular show. So, that's two things. Now,
let's court to wnLrc tli:... this area right here. This would all be
corranerci;11 c,; ,,. ish raarkcts rind rc5taurants and things that would brini-,
People tc 1 1 J:.. ;n:, in dnin�; that we want to tail: about that... those
are t}ic doll a�ic offs that i;-, going to make the park work. This is
a view r...VW- cnu of the views as you are going along through the
park wher, ii. c.cuid walk over this area and get to the water's edge.
The Pksyot a.�...
Mayor I'_ : rt mat the roadway, Charles?
Mr. Pawicy: 1'l:is; is the roadway and these are the holes that you saw in
the plan. ;`ham<t ire the holes. They are a hundred feet across. I mean,
so they arc hui::e .in scale. So you never feel that you are, you are down
in some tunnel. )ecause you are not. There are a couple of things that
I want to th-it you ... Mr. :Mayor, you said the other day, you said you
can't put ri pfic, on the park for future generations and I agree with that
totally. I iiink tnat what we have to do in preserving it, we have to
expand i t . Mla :._ it ,;row and riake it work because it hasn't worked in the
past. Thit; -:iI do that. There was another statement that you made that
I liked aii,i i:- this business of positive, doing something that's
positive anc :,:u;; ti,f:; planning and let's get going on something. This
let's you do nlr,, sit rill... You know , these are people that have been
wanting; to put iuildil;hs in the park for years. With this approach you
can do that.. ;:s_:r< Are people who wanted to put linear parks in the
City. With ti.'_; approach you can do that. There are people who have then
did not... I ,-<<nt: wanted not to lose their parking along Biscayne Boulevard
and yet. t-ako of i t . With this; approach you can do that. Finally,
they said tl,c•v_ Vint to bring people into the park. Well, with apartments
up there wit}, .lrw: and still a fairly high density, but lowrise apartments
here with laic;},ri:;r the -re with other highrises in here and yet that's all
in the park ai.d t},,,.c are traded. Now, those... someone didn't just come
in and I3et tl;e!%. ?itc_, make a deal with the City and the City then, trades
off land. Now, �,,liat been happening in the past and I. will end with this
is that we h£.vtr Lci r. looking, at it one item at a time. One piece at at
time. If yott look at it as a total comprehensive plan we could have something
that is extraordinary. And finally, we just want to thank you, for being
as cocprrativt- hs you have been. Because we have been able to sit with
your peop.lc ar,ci we nave studied a lot of the things. We are not saying this
is a total and final plan, but it is one that has a lot of merit and something
that we can ,wild can. Thank you, very much.
►-j n
0
DEC i.:�
Mayor Ferre: T'nank you. very much Mr. Pawley and thark you, Mr. Brown,
Mr. Alexander, :Mr. Arango. Does that concludes your presentation? Could
we ask questions now? Let's see if we can get into some questions.
Mr. Alexander: ttl. ;Savor, you can certainl-' ask que.�tions. I believe we
are to make this presentatic)n alon, with the Planning Department which
is essentially" to react to :.umt` CA t lc maji.,r is.�;ues that we think we have
expressed today.
Mayor Ferre: i,et me ask ,.ou so;-;,' c;ue�;tions :Ir. A1e-x.:n('(-r through you to
may be some of the pi,opie that. !lave worked on it . First of all, let me
start by savin,; t 11aL 1 really 'w;int to congratulat(" a, h and everyone of
you that has spent an,; tiTne .,n this. I think this is one of the most
imaginative desi4.ns that anybody 'ra,> every ccm,2 l p '.:ith in Miami and I
really commend `.cu "(,I -it. It': ::rent. And i, iilo:' ,,`.:; al.l.,". philosophically_
I am totally If r it. +•, L11e gLIE_Sti011 is iik)v de we translate the beauty
of what we 11jive I;, f()Te t14 to tit' prakmatic SOIUtil2nc, t ,,at vu need, because
T?�" tllil'S lii tI11S CO::Ill.lilit'wt' COTIE lup\.'iEll j)1:11usopliical SclUtion-
t00 ma
that never het off th,' i;rcuiid. And I (Jon t_ I^e;?il L�; C1.�1^;Oari' this in anyway
' I r(-co ;T117c that
with DO}:lal;';� hlilil }ic('aUSe 1L .; t�,tal'lV different all% tl"le
main essential difterencc. there' -ire a lot of sli-il-irlties as M PL!wIE')'
said. Tharp .are a :lot. o: thing.,, that are (:i.fferent w. th this and ogler
various pI aT?s . :l)u (i11E ::lion th,l t ... ] would i;ue!; ; that the legal and
economic c('nsurail.? � (-,f (i,)i"q- Fir(' SO VaSt that... IiE
can spend Fill 1?J1.7 !1C1C A:-Kli' t�.!'.Ill ?f (llll'tiLlCilh d` to iC`l' blf; the -liildings
h i p.. t, ,
W011ld b(' on t.I:l 1'l.(. lrOplrty l+�'n1C,i C(`ll aTe ri_r. i.:_ ,�Jlll need whin i,l fit:
mean by high density? ttil!at... art, you talking about an FAR 5 or you know,
how big is thc. tmT)1.1(11 that vOu 111:1Vc? :Ild what s a S_0P,� l,l1J, LileE?E
are all ti1e thin}:.. that_ we can Prot into, but the 1lotto::1 line is where are
we going to t;E t 1111L minw., to do this,
Mr. Alexandlor: t�E':1.1, 1 ::Uii'L klic1w whether that's tile t)ottom line, ;Mayor,
I think that...
Mayor Ferre: It is for me.
Mr. Alexander: That's wliere you end up, but 1 think to answer your question.
How do yOu gc-t t!1is roiling. I think first of all you have to hopefully,
agree with u:= that we have id(_r.tified some („ajor issues here that have
_ been overlouk,�l in the past and than if you concur with that conclusion,
then you dldicati; ycurseil to constantly keeping, in mind t}lese conclusions
and pursue the implementation of them in a manner that will be true to the
basic concepts.
Mayor Ferre: Ok, for example, IvL's let...
Mr. Alexander: We have addressed... you said how do you do it economically.
I think we have touched on some of the economic strategy that might bring...
some of the potentials we have projected to......
Mayor Ferre: Alright, I'm :, property owner which unfortunately I no longer
am, but let's say 1'I:, a property oune.r on hiscayne Boulevard, ok and I
own a block on 3rd Street and hav(_ just spent 'ive million
dollars and two T.d]]ion d0liars relurhishing and I have renamed my hotel.
It's called... it' no long-:r the Parklane. It's called the Marina, whatever
and you say you arc' i-,uing to take Biscayne Boulevard .sway from me because
you are goi11c, to, you ire suing to P.Pve it dowel iIlto the park and I put
in a conjunction..
Mr. Alexander: I think we would start off saying Mayor, that Biscayne
Boulevard is a Larrier to the accessibility to the park.
Mayor Ferre: That's your opinion, but I'm the owner of that property and
spent three r.-Alllon dollars to refurbish my hotel and I'm going to put a
lawsuit to stop you. IvoW,...
Mr. Alexander: To over simplify the answer. I would say it would have to be.,.
A method would have to be developed where it's more enticing for that
individual to have his, have the boulevard in front of his building
ti a�
i
relocated t-han would to have it remain and that enticement is part of
the development: ;ir.ocess towards executing a plan of this type,
Mayor Ferre, Mr. Alexander, I guess my point is this and I say this with
all due respects to all of us. If this were Atlanta, ok, and if we didn't
have the TigertsiI Association which you presided in at one time...
Mr. Alexander: No, that was the Coconut Grove Civics Club, Mayor.
Mayor Ferr.e: Aiid the Coconut Gro_�e... I beg your. pardon. The Coconut Grove
Civic C'.luh, ii.gt'Itail, 1.11t. '1.ay lleigiits comrr,unit,, the uo, onut Grove this
and thee horthe.a,,t inrrovouient iissociat.ion and if we didn't have two newspapers
here who., acre Lotall_; airi absolutely against everything; that is in anyway
except for the writers who are dawn good writer, I wish with all due respects
that Dan anu ?ieti, [tunlap wt:r e editors of the Miami Herald.
Mr, M- ich tN,o newspapers are you talking about, Mr. Mayor?
Mayor Ft. An ': hi it %1''l't ` : as the editor of the Ili ami News so we would
have sor:i.- r,or-c. editctri.als around here, but they_• are not and
they prob;,':i; w, n't tie unless they change their opinion on a lot of things
and that': the a:,_. ' t functions. But the point I `vi ti-wing to, make is
that yo>I iI•'!t iiat.cl\' f811 into all this negative tit.iiff from the papers.
v i �
- All the t_I is •- ,i, Start ch. �, mi.ng out saying, that vuu can't do this and
you can't. cio that. Editorials start to flow. They will go out and hire
Dan Paul (,1 ... , :,ow inother prcmint.nt lawyer around hero. And the next
thing v<u Knuv.: it, cu will i7r1ve lawsuits from Hood liassett and the Southeast
Bank anc! y)u t,:i , 1 h.,vc� 1 awsu i is from Ted Gould who is not ,;ci nk; to hire
Dan Tagil_, ;`ut ;?a.'i'("ii\' else. mild ci7 and on ana cii and all :oI,i will, hc.ve
is... 4.',, h;:\'t' ;I 1,:'::AM 1, I7,'w aCtorntiy here who ifs a really how call we
do i t?
Mr. Ale-N,in,:i:r : t,, r r, l can't y,ivc you all those answers, h%Iiat I'm trying
to do is tt:: i v 7 ;,i "O'C to tares th,it first step of the l en_ journey and that
first stc�,; ,i,..!,• t:in here.
Mr. bait at the end of the path? Thatt s the problem
that we hri'. t'
Mayor Ferr,.: you are anxious to tell us something.
Mr. end of the path may be hopefully, what we are all looking
for and that is i-(Juvenation and the beautification of what may be the most
valuable a set ti:e tit,.,, h:Is and that is Bayfront Park.
Mayor FL rre.: hert,rt_ ',Ir. Pawlcy speaks 1 would like to just give you a thirty
second .story of r;u:ne-t1,ing tli;it happened with Mr. Doxiadis was here. I
_ happen to i::iv; i iK..+d Dc,xi_di:,'s report. As I look hack on it I guess may
be I was wi,u� i ciianged mind after 1 saw it five years later. But
when 1 s._;w 1 t.ii,,:.: !st ou know,... 1 don't know whether VOU were here then
Dr. Doxiadi, c,tr up with his graver beads or his... and he drew up_�7 nd
he talkt cl al)wit ;; hist lc's :Ind ti'(�u know and all rhis and the words Iluwru ettu
we were ii ;l;:,st, of tis that loved architecture' and design we were
just all mesritri:td you know. And that man just talked for an hour and
I was ri tt i lw nr}:t to Mitchell Wolfson. And somel)odv next to Mitchel Wolfson
got uh ,end 'Ji ''wC1J, now look Dr. Doxiadis that's all very nice--- this
is what ,, 7,,n, f i f tv,,:n ;.ars ai n"? lie said "that's going to cost three
hundred thert,, million dollar:>--- and I remember the figure•--- where are we
going to ?,et tho mon:-v?" Dr. Doxiadis said "now, 1001, vt,u hired me to give
you a dt,-,ij!,n, cn didn't Hirt me to tell you how to find the money. Now,
that's somethin�, you are going to have to work out. Now, I'm telling you
how to do thiF,-" And I was going., to get up and Mitchell holfson said "no,
don't 58l' [171:C'. li,','." And 1 said "butt why note" You st'e, he misunderstood.
He thought. 1 wes k,cin� to agice with this guy. Actually, I was with Doxiadis.
But Mitc:l-,el l s,,iid %,�;tcti mt: , I'tr not going to say a word because this thing
is not goinj!, aiiy v ! ere. Just let it die alone. Don't fight it. Just let
everybody rant an_ rave. The Miami Herald will write a big editorial in
favor it. will he against it right away and let then, all fight
and all this stuff and the next thinp,, you know is it will Just go away."
And I said "n�). it isn't Mitcl,t:ll, this is important. And I't:, on the DDA
and I wer:t up to the DDA. 1 made a motion that we approve this." Rose, you
were on the Zonini, board then and this is before any of us.., before I was on
►�t n
the Commission and before any of us were on the Commission. And Bob
High got all excited and he had hearings and Bob High was all for it and
this and that and it died sure enough. And the other day I reminded =_
Mitchel Wolfson of it and he said "well, that's what fifty vears of
experience in civic activity has taught me." Well, 1 haven't been around
that long, but I'm concerned of followinc, utopian solutions even though —
they are very, very beautiful and with which I, I think I concur with
also most everything that you have put on the -re. Just about.
Mr. Plummer: Let me asl, you a yucstion. W}rerc :re we as far as Neg,uehi?
Has this been run by him': I. he iware' Mr. Noguchi, as you might recall =_
which I had a problem whir early in the inception o:as very emphatic that
his design not be tampered with. Viat his name and hi; reputation was
on the line. Now, for that name and reputation we h.3ve spent a hundred
thousand dollars and a birtlhday card wishing hip a happy biro;day. I would
hate to see that: birthday card he destroyed. And more so my hundred
thousand dollars. Now, it's all well and good and i Love local people —
and when first and foremost I want local people, but you know, that's
after the fact now. That hundred thousand dollars is gone and I'm sure
we are not ;oing to get a refund :and I'm at aloss to understand how a
group is makini; a presentation lit -re today on Mr. P;Ogu.•hi.'s plan and design
of which he stated he staked his reputation and yet Mr. Noguchi hasn't
seen it. Nobodv has c:onsultid with Mr. Noguchi and yet you are asking us
to take the first step. Now, I would think that the first step should be that _
the concept that you have proposed to the Commission today be shown at
least as a matter of courtesy to Mr. Noguchi.
Mr. Alexander: More than courts y, Cc-nL-jssioner Plu per. I would hope
that he could part ui the c a-•cr1 iou of what we are proposing today.
That he cou lei he v ry riuc•h a part of i t .
Mr. Plummer: Well, vote see... I agree with you, but here is where I disagree.
I would have hopi26.. .
Mr. Alexander: You ha:_ offered the dilemma and I. don't have an answer to
the Dilemma. I do know that what prompted...
Mr. Plummer: Well, you see, I could have offered vou an answer if I had
seen before tlhis ai,c_;ada, r+.rad that is I would not have let you appear
on this agenda until you did that with Air. Noguch.L. Because you see,...
let me. tell ,(,u the dilenuaa you have placed this Cornr,issicn in now. Not
you individually, please, by virtue of this on the agenda. We are now
going to read tomorrow morning all kinds of an opinions. Yet we are not
going to have the opinion of the man who was paid a hundred thousand
dollars and it would have been my hope and desire that when you developed
this concept before it ever was brought here it would have beer. shown
to him and Liven the opportunity that he could have come here and spoke
on it.
Mr. Alexander: We would have enjoyed that opportunity. Unfortunately,
the sequence of events as they happened, Commissioner Plummer, was that
we were forced to consider othur things when we were asked to review the
Noguchi scheme. It... in our consideration of that we began to ask other
questions as to how does relate to the rest of the public Bavfront. We
did not see the answers to this as part of the c•valaation process of the
Noguchi scheme. We could have stepped back and said we will simply consider
Noguchi scheme and then step back. But we felt compelled to point out
to you and to tool: beyond that and say that there are other things that
should be looked at. That perhaps these issues sh,)uld have looked at
long before the Noguchi sclr;nacr was discussed. Yes, I'm going to relinquish
the chair. I'm being pressured to do so.
Mr. Plurnn,er: Well, not by anybody on the Commission.
Mr. Pawley: No. Mr. Cor.Lnissioner, I would like to give you and example.
You are called to give an opinion on the color on which the house should
be painted. And you look ac the problem and you come to the conclusion
that may be the house should not be painted. That the situation of the
house is such thot it requires very serious remodeling. The painting would
be a mistake to repaint a house that is in such a condition. Now...
Mr. Plummer: Sir, 1 understand the old saying which says that paint covers
i9 DEC
17 1980
a multitude of sins. I'm familiar with that. Now, what I am saving; is
this. I. think that this appearance today in my estimation is very
poorly timed. This Commission asked and requested of your group to review
a plan. Now, you could have come back to us and say that we reviewed the
plan, but we have some major problems. Then it would have been up to this
Commission to say ok, then we want you to proceed and identify_ those areas
or not to i,rc,cc e<i. Ycu tint] erGtand what I'm... with the point I'm trying.. .
I just think the timing is ver very bad.
Mr. Alexander: Wi- did that. We die] that exact thing. We made 3 Presentation
to the Com�-issIon. It wa, off the... you took it (_)ff the agenda. You took
- it early in the day and you asked us... the presentation was made and the
Mayor asked us to sit dowii with your City park planners, with traffic
planners, with th:l DDA and review. And that's what we have done.
Mr. Plummer: Ne, sir, that'; not what you have done. What you have done
is to review and thet, came up with substitutions.
Mr. Alexa11.�L:r: No, we. Pre,;cnt;-d a plan very similar to this. Not the
—' same, but r—cy And; then we were askeri to... could this plan
work... could i t worn,_. What wet, the. problems with the plans? So we have
spent tite 1_rs+ m ntir, c;ix weeks, whatever that length of time reviewing
the plan 't,oior+._ coming, hack with a formal presentation. So we are not...
it isn't the first time. I hope that you... you know, that you understand
that. Thal wo are not. .
Mr. Plurmier: Alright.
Mr. Pawls%': 1 can't think... I think we have talked about it enough and
thank 'If. 'h,tior.
Mayor FerY2: .'ts. Mr.. Manager and of course, we have the director of
the DDA tier::. Is Mr. Kenzie, still here?
Mr. Kcnz;.t.: i'..i standing righr. here', Mr. Mayer.
Mayor r'er_c: 01:, I'n-, sorry. I didn't see you over here. But I would like
to get ?)(-)ti, of `o rr ins uts and then may be the Commission might want to
- come tip a co;tc.u�ioo one way or the other..
Mr. F'os!r;c er, F', :.a� or , ou know, recoE�ni zi ng that this Board represents
a eonccptuai dcsl�,,n. I think it's worth the Comr.iission's consideration to
go to rile fec;r 1--.S1c Principles that the architects are suggesting and that
is a reds-,s in of Isiscavne Boulevard, the development of activity centers
into th- Mari-, itself using these activity centers ns an economic leverage
to permit us to do some of the things in terms of redesigning Biscayne
Boulevard, ac, r.:; to 0!, waterfront and the unification of the east and
the we-,- r,; Pit cayne R? ,ulc-.,ard. Now, whether that means that we are
lookir,_4 earth mounds or exactly the al4nme•nt of Biscayne
Boulevard (r a traffic circle on the north end -)r high density on the north
and medium dc•nsjt.y in the middle. Now, those are all very technical
issues "Irks i ` .,,_ ran ?;r) to the four principles that they are suggesting
rather than };,ttint, into the technical details, 1 think that we may he
able to ruakPus 1, tj.ve progress. And the mc•mc,randum that is before
you froLl th,- Depart.m.ont which I have initialc-d Supports those
four basic Principles. Supports those four concepts who s_tggest that.
it is korthy of our ccnsideration. We have a public hearing coming up
in just ,, if•w minutes on a potential arrangement with FF.0 to i,c•rmit
US to ac_,..r.ir.: 111cir p�:opc>rty. Ma,,, he that should br• viewed in light of
the four principles that the AIA is recom>trending. And we may be able to
movi: that .situation ahead also. You know, in the alternative we can
continue t' deal �-'ith each issue a5 it comes up in the Noguchi design.
The trade of the FEC. but if we can view tl-,ero ill a context of a total
park dcsi,;t, witl. sc,tr.c (.)pc-ratinl.2 principles, then 1 think we can n-,ove some
or the t',ings ahead. You know, the Connnission may wish to reject those
principles and indicate that they like the design of Biscayne Boulevard.
They like ,here we are going with Bicentennial, Bayfront and the PNO
Property and we will all save ourselves some time by simply...
Mayor Ferre: Ok, I get the picture. Now, let's hear from Roy Kenzie.
Mr. Roy Kenzie: Mir. Mayor and members of thtz Coam-Assion, my name is
Roy Kenzie. I'm the Executive. Director of the Downtoum Development
Authority. First, I would like to address myself to the issue that
Commissioner I'lurrner raised in regards to Noguchi ana his plan and where
we are at the pre=:ent time and new this relates to it. And second, I would
like to address ques'ious involved wit:}n this plan and the AIA's involvement
in it. First, brick '(-, Mr. Ale::.,ndE_r in his presentation earlier
said that the AIA C;haj)ter }]a(; reviewed the Noguc.hi plan in which they
did with our st_]' f in tli(= (:-it-,, and that they had <„)provec} the plan with
the desire to llavt-' ,cunt' ised upon that
approval and 2 rillil;ii('1 tvo whi.cli �.re held by the COMMission.
A number of other reviePws and actiun_ taken t;v t},e %oruni lion and approval
of the plan by the have moved forward oil the (lEvelopi!:(,nt of tjlt
Noguchi plan as i.t is dvv-1 st•d f c ; navfront Park. Vest e i.-dav the Cabinet, the
State Cabint_'t r.eviewc'd proposal f,,r runding from t'rhe I't_deral �:overnnent to
complete a portion o tliat and a -proven thiit };li; tchrout_h. tie ht,ive �iprrol'al
from the (n1j) Oi Lli}'itiec'YS t e'. to i,io`.'e f,�rward on the construction of the
bay walk along the tc:t;e of the Rivcr. Excuse r;e, along; the edge of tht
Bay. So ic:c arc :nuviiif; for,:r_rd iiow on the creation; cI that in phy-,ica1
concrete rind kt art= sup -Lill: aliy along; in tt,at j%ro_ess. with the AIA's
statetr,cnt that tn(': 7ure in r:},pIOVA of t.jle plan if we ]i'ok at this plan
here we sue t[ia'p Lan is complete!_' uipt.d out. 'iiiat we have a
different plan nc-)v for i:;c lc,wer portion of Bavfrutit than we started with.
hOW, to };O into tilt_' !;!;UC'; j'otl raised today. I would iike a Couple of
points of ct.arii icat_'tr; tt;st for -y own edification, if nothing else. I
would like to know -f thin plan thllt we see on this cj.art has been approved
by the AIA Board or just thu four principles have been approved by the
AIA Board' Mny be Xr, Alexander could answer that for me.
Mayor Ferre: `ii. Alexander:
Mr. Alexandc-r: ' :ill be ,lacl to. i.et me step back one though and hit
a few things th.lt !;�,y has pointed out before. And that is that when we
did approve tii•_ _r uc};i , J' n as I said '-,c'fore, wt- approved it, but at the
same time b,' ::,t- .:Fait_ i:; circus,;ion and review or that there were some
problems th'lt 'i.•id Oi)'t't:',_ bi ''rinp, on the }`7,oguchi 7,clicme that Ina': , not
even been looked ):r_. And ti]at we were asked to look at the %oguchi scheme
as if it were_ .ir] iscl::tinr. and, did not relate to ti]t- rest of the park. So
it was an appr:vitl, `-u.' it was a verb, qualified approval of saying look
beyond this. :.,w tnf., t:csi},: should or could rt'late and be concerned
with the rest of tint park So i don't think it was a situation
where it was nr.t made acutci)• ap)arent that we wanted more consideration
of other areas than the Noguclii sche.,ric. Alright...
Rev. Gibson: Let tot as : tnis question, sir. We the Commission proceeded
along line that you were in approval of.
Mayor Ferre: 7Aey were titen.
Rev. Gibson: 1•el 1, the Mayer said they were then. Well, for all intent
and purposes tl,.y wort, an,l until they came back and said to me, I can't
speak for anybo�'y c:isv, t}:at hey, I could only assume in my first knowing
that you wt-re nor in accord is l;ow. Now, wait... well, let me go a step
further. Let mt• t;JI you tote dile:;rra I'm iu. Now, I don't know about
anybody else. I'm talking nbout Theodore, that's th::3 guy. If 1 were
called to a church and I ncceptr'd the call and they worked out a contract
with me and two months, three montlis, four montlis later they begin to
review the contract that tl:ey st-nL to Me. I would be hard pressed to
understand. !?: wt_vt r, i s v.hcn they t'oiltract was bt:ing tJven ro me a
warning flat; was w�:ved to tilt- vestry and tht• vestry did nest see, they did
not heed the wariiint:,,. That, would be thu Board. You know the vestry is
the board in our church. 0�, you Know what, ti:t2n I would say that, that
was the vestry's fault. But the vetitry proceedt�d not having received the
danger flag. ,:c)w, I coul�l tc:i1. `.ou the way we operate. I don't know
how you all operaty. 1 rind ;iiysL-lf rather embarrassed that herr is a
professional of ruputatioin and all of that you know, you know and we led
the man to bellt'\,e oil was wull and he reads in the paper Lomorrow morning,
hey, man they are lockin}:; at yeu. 111ey don't particularly like... You see,
all I'm saying to you 1'ii; ,gip}:.;,sc i to wl,l3t you arc- doing. I'm like the
Mayor, 110wevel-, ... ],; , I'm likt, Mitchell Welfsou. dot the Mayor, I'm
like Mitchell WGlfsOn. is it possible to accomplish? If so how?
And certainly, when? All... you; know,... hey, man I just find... It's
a little embarrassing. I will tell. you. I hate for anybody that come to
this community and sir, please don't misunderstand me. Mine is sheer
pride. I hate for anybody to come to this community think that they are
dealing with us and you know, and al.l... and they leave here and say all
is well and then read about me in the paper. Say hey, you know what I mean?
That's the only thing that worries me. I'm not opposed to what you are
saying, but T— God, I just wonder what Noguchi is going to say in the
morning when he reaels the paper. And I am so sure that's going to be headline
tomorrow. If it isn't I will be disappointed.
_ Mayor Ferre: Mr. Kenzie?
Mr. Y.enzie: 'ies, 1 would just like a direct answer to that one question
so I can continue on.
Mr. Alexander: I'm still hanging in there Roy. We eventually will get to
the answer. We got side tracked there.
Mayor Ferre: Well, just answer his question out of courtesy to him...
Mr. Alexander; Well, was there a question?
Mr. Kenzie: Yes, my question was is that plan...
Mr. Alexander: In Rev. Gibcon's remarks that I should address.
Mayor Ferre: Yes, I will tell you. You see, what's going to happen
Mr. Alexander is Mr. Kenzie let you make your presentation without
interrupting you. And I think you may want to have the same courtesy to
him and the way to do tliat 1 think...
Mr. Piummcr: No, no, Mr. Kenzie- asked him a question.
Mr. Kenzie: !,o, I just asked him a question and I would just like an
answer.
Mayor Ferro: Wait a minute. What I'm saying is may be the way to do I
is just answer his question and let him finish his presentation. And then
you can come back and get into all these other subjects that you want to.
Would you repeat vnur question?
Mr. Kenzi-.: h.: question was whether the AIA Board has specifically endorsed
that particular plan or if the Board has indeed, in fact just endorsed
the princip:!eF. that. you outlined in the initial presentation?
Mr. Alexander: Esc,entially the principles.
Mr. Kenzie: ti;, so the Board has...
Mr. Alexander: And the principles are what we are stressing today and
that was...
Mr. Kenzie: Ok, so the Board has not reviewed or approved this plan that we
are seeing here today?
Mr. Alexander: Nc,, the plan is a attempt to illustrate a solution to some
of the issues that we have raised. The four primary issues. I would
hope we would concentrate on those isses and... those issues do not
preclude the Noguchi plan implementation of the Noguchi plan as is or
with modifications, they go beyond that and say look at other things.
Consider other things. Because the Noguchi plan is not plunk down
into this particular plan does not say that the Noguchi plan cannot
work in this scheme also. It has not been included in this design. This
design is a... again, the concept that we are trying to project today.
Mr. Kenzie: Ok, I just wanted the record to be clear in the fact that
the AIA Beard has approved in principle the four concepts, but the ALA
Board has not reviewed or approved the plan.
Mayor Terre: Mr. Kenzie, that's been said now four times and I think
we can go on to the next point. Go ahead.
82
0 E C 7 1980
Mr. Kenzie: Ok, I have no problem and I agree and I think that the four
points that you have raised. The Bayfront Park, the Bayfront Park system
needing unification, the integration of the park with the City, Biscayne
Boulevard serving as a barrier and public activities in the park are all
admiral, good and I have no problems with those. I think that there are
probably as many desires as yoil can find. There will be as many concepts
to try and achieve those ends and :.his represents one those. I would hope
that the AIA would suhi.ect this: plan through its fc,rmal design review
to the same scrutiny that tit; plan presented by Nogtichi had gone through
and would request that you do th;!t. 1 w��uid hope also that we at the
Downtown Development Aut1hc7r1t•: w,u11-j i;avr, an opportunity to work with
you in developing,, this plan. We have not suen tliis plan and would like the
opportunity t_o do that. In terms of the principles on this piece of paper
which I don't know If tine Cot>uaissinn a - received.
Mayor Ferre: Yes, we leave.
Mr. Kenzie: 01:. This is the first time I have seen them today and I don't
_ see where tht?.sc necessarily lead out of the four ideas which you presented
earlier. P,articularly, in the movement of Biscayne Boulevard to the Bay
or the.., c: suutic,l:ry that cne. And perhaps the economicfrasability
project itseJ f . i think therl� is a trctnendous ai-count o;- work that needs
to be done lheforo tli_i_� 1,articular colic opt as presented could ever be
workable. 1 thine, tlieru are trcmcncous problems, particularly with the
- traffic c1rC.lc':_,, wJ t11 L,'Is' ;71'01 i'rt.' tltr,!_ woul 11ave to 1'r' ecquire6 along
Biscayne Boulevard, with the traffic circulation within the i'uwntown area,
with the elev:ited Biscayne-'roulevard along the Ray which leads me to shades
Of the In ti,In FYanci,co which tliev stopped and a
_ number of ntnc,r diri:c.;ltie which Is net... this is roL the forum to go
through theta . n:i i > ,7u1_i lil. to h<,v_> staff br :it71e to interact with the
AIA and with sl,propriate AIA Review Committees in joing through it.
Mayor Ferrc: riiriy,ht, iook. Let's... are you finished?
Mr. Kenzie: Ye .
Mayor Ferrc: T.t's see if we can cut through all this and save a little
time, bccausc as I s,iid Earlier we are not about to vote on this tonight
because we are not at that point. I think there has been enough important
and interestinc; an,; sif,nificz;nt elements that have been brought out for
discussion. I don't thinl. we should end it here. I think we should continue
this. I thin: you should r,ieet with the DDA staff. I would expect Mr.
Kenzie, that we wouldn't do this unilaterally and you would also have City
of Miami staff from tl,'.. from nur department here and that we take this
to the next logical ,c,uence and perhaps come back to the Cor.Imission and
see if we car:.., perhaps we.. cat, have a further discussion on this. I think
it's important ;hat . venra i lly ti,e. which has i+ responsibility, a
fiduciary res,or6 ibility so to speak to express an opinion and should also
be involved in this process.
Mr. AZe>.andi r: k'itat you have suggested, Mayor is exactly what we wanted
and no more. it's to at least bring these issues forward and then continue
with a dialogc hopefully, in which the AIA would involve. We do not want
to take...
Mayor Ferre: '111)i5 particular portion is not a public hearing. So we will
call for a public hearing whenever this is ready for the next step if we
get to that point.
(BACKGROUND CO-211EN-LS OF1- THE PUBLIC RECORD)
Mayor Ferrer: 0r., than:., you, very much ladies and gentlemen. This is not
a public hearing; (in this issue. If we let one you speak there are five
of you that aru going to want t.:7 speak and this is not a public hearing.
This is a prusc•ntation by a group of prominent architects. Again, I want
to Commend t•r:� Tt for having donc a wonderful job in presenting some very
valid points. i_nd m.ay I say, dust speaking; for one and I will let the
rest of the C.Otf,7issiun express themselves. I concur with your idea of
moving Biscayne Boulevard cut and make it a
And I concur with your
Idea of low density housing on the FEC Property and high density up near
the Miami Herald. I concur with the idea of having the... like in Paris
and like in many European cities around ... things the round like that., it's a
VV '-tr'•-.1 "��
.,. 1. l: i
�
I v
great idea for traffic long over due in Miami. Those are really the
main issues in bringing the Bay into the City and moving the Boulevard out
and I don't think that it's incompatible with Noguchi. I'm sure Noguchi
will probably be thrilled. Now, this is a much better setting for
Noguchi than what he has now. So you know, all those things I'm in agreement
with. Let's... see I frankly think odds are against us and I include
myself with you because of the money aspect of it, but let's give it a try.
Mayor Ferre: The Citizens Committee is called the
Downtown Development Authority and there are fifteen members of that
authority appointed by this Commission...
(BACKGROUND C0�4tENT OFF liff PUBLIC RECORD)
Mr. Plummer: No, but you have every right to go to those meetings for
input.
(BACKGROUND CO* "O:NT OFF THE PIJBI,IC RECORD)
Mayor Ferre: Oh, yes, they are advertised.
Mr. P1unmie.r: Sure they are advertised.
Mayor Ferre: And they are public meetings and you can be there any time
you want to.
Mr. Plummer: It's tax dollars, they are public meetings.
Mayor Ferre: Ok? Alright, can we move on now?
n
27: PUBLIC HEARING: FEC PROPERTY
Mayor Ferre: We are now on the first FEC proposal public hearing.
Mr. Fosmoen: Mr. Mayor, just very briefly in the way of Background, I met
with the Chamber of Commerce, Downtown Committee, New World Action Center
Committee that met with a small group of realtors who intend to take this
issue to the full board. There was discussion at the last DDA meeting.
I have met with representatives of the Latin Chamber of Commerce, Camacol.
All of those groups have indicated that they need more time in order to
prepare their positions for this Commission. If you wish, I will take a
few minutes and review the proposal, although it has been covered in part
in the media. But I can review that quickly for the City Commission.
And I have twenty (20) copies of it here if anyone wants to see the
proposal.
(INAUDIBLE BACKGROUND C0�2,1ENT PLACED OUTSIDE OF THE PUBLIC RECORD)
Mayor Ferre: Sir?
(INAUDIBLE BACKGROUND COIKMENT PLACED OUTSIDE OF THE PUBLIC RECORD)
Mayor Ferre: This is, and I will recognize the public afte the
presentation is made.
Mr. Fosmoen: Would you like me to review again the proposal from the
FEC?
Mayor Ferre: I think, Mr. Manager, that would be very appropo before you
start getting, people talking not knowing what they're talking about. I'm
not saying that everybody is going to be in that category, but I know a
few that will be. .rust make a five (5) minute presentation.
Mr. Fosmoen: Mr. Mawr, in early November, late November, we received
a communication from the Florida East Coast Railroad suggesting a
settelement on a court case that has been pending for some time on the
acquisition of the "P" and "0" Property, and it als involves FEC
property on the river. I will briefly review that suggestion. First
of all, the Commission knows that we are in court on determination of
value of twenty-four (24) acres of upland, and eight (8) acres of bay
bottom currently owned by the: FEC. There is another attendant case
involving the Interstate Commnerce Commission., and the question as to
whether or not the City has the right to require the FEC to close the
"P" and "0" property. Both of those cases are still in litigation. There
are two other attendant cases. They do not involve property but rather
loss of business. One is with Standard Oil and the other one is with
AMOCO and those involve a loss of business for several years, and a
potential settlement is forthcoming on those. The FEC is offering to
sell the City twenty-four (24) acres of upland and eight (8) acres
of bay bottom for a price of eleven point eight million dollars $11,800,000
They would retain development rights en forty-five percent (45 ) of the
upland, and fifty-five percent (55%) of the bay bottom and they would
be permitted to develop a residential project with supporting commercial
uses on the forty-five percent (45%) of upland. They would develop
a marina on the fifty-five percent (55%) of bay bottom, and they would
agree to maintain the remainder of the parks, some fourteen (14) acres
in perpetuity. As part of this discussion, we brought the FEC freight
house property into the issue, and the offer from, the FEC is that the
City acquire two and one half (2 112) acres of their six point five
acres (6.5) for a price of four point two million dollars ($4,200,000).
At such time as we have acquired sufficient properties to develop
a sport arena, or at the end of five years, the FEC would donate an
additional two and a half acres to the City. They would retain for
85
G = 71g8p
Mr. Vosmoen (continued): themselves about one and a half (1 1/2) acres
for construction of a hotel in the range of five hundred rooms, thry
would also agree to donate to the City five hundred thousand dollars
($500,000) per year over a five (5) year period which the City would
use toward th=-, eith_+r land acquisition or soft costs for marina development,
and they would agree to ch:(rge initially, a one dollar (41.00) per rented
room per ciight _,,i, 1,e wL? c i( woi,ld be donated to the City for the
promotion of the ":ports arena. The 1EC would like, if we are able to
acquire Miami rr.Intz,2e to t -:,de their acre and a half for an
acre and i, half wii-'A better arcess. I would view this entire property,
if we acG :its AS aeint d(_�vcic ped under one single development concept.
The FEC would agree tc -pay the ri-Aocation costs tc move the Port operation
from its pre•sk_nt out to the expanded Port of Miami. The City,
as it current,1% lies, 1,:0111,1 be respQ,nsibl_ for all attornies fees if and
when a final sE ttle:nei1t it, t rtered. And that very briefly is the offer
from the D .
Mayor Ferri: (K .,. \nw, „embers of the public who wish to be heard on
this, tlr, i=.r,nato, and then Mrs. 5hubi.n and who else wants to be heard?
Mr. Erni c, Till ollgh tho, Chair, I'd like to ask a question to the
Citt 'i?ucp(., of i. cst'tc, is hnw much is this going to cost if we
don't have r. cession=:, the City of Miami, and how are we going to
get the money, an-c w;lat is the bona rate going tobe. These are the
quest -ions a::d t`:t n I l l spt_ak or, the project.
Mr. i'uSMOC'. i:, r;,.c h i:. i t ,_oing to cost If what?
Mr. Fann---*-o: d—l't `et. any concessions out of it, we're asking
for Some ire: City i;.. :pow, without the concessions,
what i , ?. l n.; t
Mr. Fos-!,io ir!: r: t'..�'di_ iPp( sit:d f+ urteen point five million dollars
which is our hich appraisal. on the value of
the FE,:-1 be a jury trial. The jury Would determine
tht. val1;' (,I the an.l wh.'t,c:ver that -�31ue comes in at is what
the C i!y we :.: ' n., pa_ , If i.t. comas in st ei£hteen (18), we have
cuff is i.ent n:.r,, :± it Lomec-. in at twenty-five, wo don't have sufficient
monies. 1` it in at thirty-five, we do not have sufficient monies.
ttie w: uid v: t c, i st ue tax anticipation notes in order to pr,y the cost
or the •:aluc ci the property.
Mr. Fannato: :F we do buy it, what is the prevailing rate going to be
for tti:t::;,cc, ,sir.
Mr. Fosrr,c,Q:,: I'ht, bonds are already sold, Mr. Fannato. There's fourteen
point fiv( million dollars ($14,500,000) in the bank. They were issued
at about nd 0:(e h.,lf percent (61/21) several years ago. That
fourtecii i.,.int ;ive :_.i111on (14,5U.0,000) has generat ed three and a half
million dojlir:; ;y3,4U0,i)UO) in interest so we have eighteen million
dollars (Y1.8,000,Uti0) in the bank.
Mayor Ferrt•: .Lat'b tt:,�: best deal the City's ever made.
Mr. Fannato: All right, Mayor, I'm ready to proceed with my presentation.
Mayor Ferre: Excuse rae, Mr. Fannatto:
Mr. Fanr.atlr: Linie Fannatto is my name and I'm presidentof the Tax
Payers Lr,ahue r.f ?',iami and Dade County. I'm going to start off by
saving the Tas Payc-rs of the City of Miami were taken over when we
bought the otk,er property. And the use has turned out to be "NG". The
Bicentenniai llari�. i- nothing more than a third class park that's being
used by un6esi.rc..able", people who are drinking and sleep in the park and
it's a cr_.tr•e t a :irci. And if you folks want to buy property adjoining
to the park ire-c: f lorida East Coast, you are pouring; oil on the fire.
And I wart tcA tL-11 YOU it would be a terrific hardship to the tax payer.
We don't have the money as far as I'm concerned and I don't think we
should spend it there. Everybody in this room ... if I was to ask all
DEC `17 1�8C
Mr. Fannatto (continued): these people how many times have you been
in Bicentennial Park, I'll bet you only five percent (5%) of them would
be there. No more than five percent. Why? They're scared to go there
and everybody knows it . So it you wart to buy an adjoining property
you have the same effect. N-ow if yoli want to fleece the tay payers in
this county, I know that's harsh words t'm rising, and biiy more property,
I'm against it. Here's what I rec(Jr,•::er!d. Don't use anv City money let's
let the Florida East Coa:;t dwelt;) these properties. Tile•, ;paid taxes
all these years. They :,hcu;d be �_ anulathere(c in as i.:r as building is
concerned. Let them build and let us collect taxes sty as to reduce taxes
for the tax payers of the City of Miami but not for us tt: be involved
_ I've heard this other ;;reject li re. You know, to me this is a big
interest deal that architects make a lot of money and wJlen it's all over,
the City is going; Ltket_ stuck for a let of money. 1 can see this. They
didn't even Nome in h:,r- and sav well the anticipated cost is so and so.
Now I don't want Lh' �n Lc )moo on. A;i : ar as f ill COnCerll(?d, this is my
opinion. If you peopl. want to do a disservice to the people, you are not
doing anything but causing anoti':er i i:tan-, ial hardship can the tax payers.
They were taken over the first time, now you're: comin,,, in and you want to
adjoing another parK to a third clasp park that's a crime hazard. And if
that is a progressive way of business,, I think you're walking backwards. And
as president of. the Iay f)a%ers Lc<wit , and President of the Homestead
Tax Exemption f.cague, I'r:; <lg,. nst. Ai:d 1'd also like to say this here. There's
a lot of big. interesi 1:ecple tliat_ rlako big:, salalie:., they're for all these
developments. But tlko 1 ir_tle m.7r, is retired, and the parson who works
and only makes a tllvcicrate :alurv, tlltv're facing: ... Lheir back is against
the wall paCin,g t%itit'ti. rltld rC:T.�?iIlUIr that man. Anu you're supposed tG
represent all the in tiiis -"it,' any: c cln't lct'S wall: backwards and
cause af inancia t n t:Lax p a�-rs and let's not kid the people.
Let's not take this hrcj<<ct 'Dut let :.'t:c Florida East Coast develop it, get
your tax money ar,ci 1. clean :. t .; ut; w n' L cause another hardship or; the
tax payers. I kncw I wa.. rel>eti.ticus cri that point but let's not kid ourselves.
Mayor Ferr.e: Tll�.nk you, Ernie.
Mr. Fannatto: There's too r„any projects being developed. And another thing
is, if there is in; to be development, let's let the tax payers vote.
There's too many projects being taken over by the City Commission, like the
Watson IsInnd, untl by-passing the tax payers. It's their tax money and
they're entitled to }lave a say but you're by-passing them all the time and
I don't like it anc: 1 think it's bad and I think it's the wrong way of
doing business.
Mayor Ferre: Next speaker. Mrs. Shubin for the opposition point.
Mrs. Florence Shubin: My name is Florence Shubin. My husband and I own
property at 1001 S.W. lst Street, Miami. We paid over ten thousand dollars
($10,000) in real estate taxes this year which the City of Miami received
almost four thousand rive hundred (4,500). Mr. Mayor, members of the
Commission, as a lax pc.yer in the City of Miami, I"m very much concerned
with the mushrooming; plans for tl-.t:, DcwnLW(;n development of this community
and the monies that go with it. I've been watching tht- FEC lroperty and
its development believe: it or not, for over twenty-five (25) years. There
was always something; special about its location and potential for the future
of Miami. NOW it has bt'come cluar to me what should he done with it.
Concern with the traffic that would be generated with the downtown development
is now being; voiced. 'Tlle ob,�ious solution is to use properties for
purposes that will not g;ene.rage congested traffic conditions. The FEC
tract is approxic:ate-ly thirL�two (32) thirty-three (33) acres. Just about
the size of 'Tivoli Garu'&ns in Copenhagen. Tivoli Gardens does not
generate traffic because it can only be reached by public transportation
or on foot.
Mr. Plummer: Let me guess what's coming next.
Mr. Shubin; There are no parking lots nearby. Another feature of Tivoli
is that it is not used only by tourists by local persons because of its
proximity to the downtown area. Now listen carefully. A radius of
twenty-five hundred (2,500) feet is an acceptable pedestrian distance in
an urban situation. Around the FLC property this would go from
46
Mrs. Shubin (continued): Dade Junior College, I-95 to the West, The
Omni area, and almost to the Miami River on the South. Within this
pedestrian area woulu be encompassed the go,,;ernment complext including the
new library, �,rt S I ; e3 y mosou-,,, the nev Convention Center -Hotel Complex,
the proposed park- .(_,�-t and the rapid transit terminals. Wouldn't an
amusement park with?n r.i,is pe,dcst.rian urban area be great? One of the
greatest crlLici ;n e,i Tile tNot� or island location by thr theme park experts
is tilat_ t1lore lc. '.'..f) 1"i01" :t:r e}p,4n�,1_crl:. Next to the FEE' property is
Bicentennial "aiv, wii_i: Its (_vent, .Acres a natural for cxpansion if that
seems nccr;;,.iry tie i•.,ture� Aiso, t1,e FI•:(; property is almost adjoining
the port. i+'il: t li,cation. To �-.'Jl_n FEC to retain dev-.•lop-ment rights
and buil„ ancior-;i rl imur,:, 011 p.rt of thl, FEC propert% seems like another
ri.p—oft ':u 7" loll r "t',lt ILISCa;' well rive them the. right,, to use the
= rest of fr'r a dollar a vear because the only' people that wi?.l
benefit r t'111r3t t:, 1�i1 i1.1 he the condemini ,r residents. They
will have Gl,-C, fc !i_ il'c,i dre�is iround their apartments. :31 i maintained
by tale: city of ';; ._..,. 1, rite c•xpcius of the tax payers for nobody else
Is Litt lurk ony more than they now use Bicentennial Park. You
liav -, fourteen anci •i 'r,ai: ii.i1l i,:,ri collars ($14,500,000) in parks money
and eittiht -mi 11 ion l ,_ars ($6,000,000) plus interest from the State of
Florida fr.::. ];:te r..r._,. Bu,, rail this property now and put a genuine
Tivoli GarLle•.ns t , p+ ;, . there-, instead of the hoked up theme park on
Watson Island. 'L`h<,nk you.
;Iayor Feri c: `:ux< _ s ;:..•:tnc r.
_s Taify Gould, 145 S.E. 25th Road, Miami. Having
been
here and having been very_ much involved
in this cor.:::r,rli,
; ; o - L ;ong t ir.!e, but not having been r311owed to speak
on the pir:n .,,,t
�u_-t pio!_entud a moment ago, I would just like to
say to r.w nc•�
.or nc-t cicre,lt i;ry this is thc- f;-Ict that we may
want to
"I hatreally t:he hot_t-orl iinu Ili,; tie
ourselvet; <, s
n::l,. i', ri ill:_t a,i11 preclude our citing, W3nything else.
I dc'n`t th 'I'l. 1_
:.cc• 1 t •, 1'c T"tlt in tht position of th, e uns01,hiticated
people who c,r
:: i t . C to t<i orld n � '
ay o ;; l wr,,� c..t art , .�;� don t 1 iKe what
ef,t_r :;.
L :,.kE playing, the emperors new clothes. I think we
zinc, if we ::acid, having been presented
with r plan ;cr
wi:: _I. •.:c ll:i';L lriid hoed money just ns you would go to
— another expert,
upinivn if you don'* like the first one, I think
- it's rea is ol_:t
,,;c,r�,:ti.e to go for- something else. So, I think the
idea that. .: naic,
.. hundred thousand dollars ($100,000) to Mr, Noguchi
is well ta'r:ea, i
?r�.ni:ly, rather See! us put one hundred thosuand dollars
- ($100,000) iown
Ll: dre.in than ten million 010,000,000) and discover
lat r ttl.;r k;. ' ..
: i , . .< dicn1 do it, But as 1 say, if for no other
reason ti33n Lii::t
w., mis,.rlt scut: to do �comc•thing int.ergrating the entire
— area from Bice„te+nr.ii;i
all the way down, I say let's not chop it up
by allowing ::oricoody
, 1::�, tc dc• this and preclude ourselves from being
able tr., do .5 -r. t
!, i ;, t Lzit r:ay serve all the people all the time.
Mayor. 1•erre: :.c::t. r,ker. Dan.
Ms. Janet ;ti:13,:nr;n: Janet dman, 1901 Brickell Avenue. I apologize
in advance fclr the words that are going to sound harsh to this Commission
a and I e>:plain to you t,,at tht,y are offered with the utmost respect for
good intentiuns cif t1, ! m.embers of the Commission and for the position you
hold, and fcr e. n, of ;ou ii-,;:ividually. But I must remind each and every
one of ye.: t:• _tit tl;is Cc'.,unisr,ion is not an omnipotent board. It is not
an omnipoten_ C,-mr;:ission. It is governed by laws, ordinances and the word
of the tie< r!.e, it:e of the- people has been spoken in this matter in
bond electJunt;, at,.° thc w-di ] Of tlli' law has core' down 3ying that the
City of MiF3t.,i , i t i t I Ld tc th1, entire tract. 1 con't thin}: that this
CoeL^fission 1)" se=rt,ing it- c'.uLv to the members of the City, to the
citizens of the- Ci r ,' , 1 Miat!;i 3by going against the public mandate and by
going against '.n,.,L ti:e Court iias said the citizens of Miami are entitled
to. And 1 that you nL,t accc pt a deal that has many advantages
to a oeve]lc,,�e ' wiLt: no zip parent. disadvantages. He h,,is, it this point,
apparently no,tiili t- lose. He's only asking you to give him something
for reall.; noti:ni� i:l return. As 1 understood Mr. Fosmoen, and I'll ask
him to please correct me if I'm wrong, the proposal is to sell the entire
parcel to the City and only allow the developer to retain the development
�8 t
Cl
Ms. Waldman (continued): rights. Is that correct?
Mr. Fosmoen: That's correct.
Mr. Plummer: On a certain portion.
Ms. Waldman: On a certain portion...
Mr. Plummer: Not the entire tract.
Ms. Waldman: I understand that. That certain portion, of course, is only
accessible through the Fortion that the citizens would retain so that the
access ... in other words, the citizens would have to build a street. I mean,
I don't think it's even something th�it should be discussed but I'm going
to point out to you a couple of problems that I see just of the top.
Mayor Ferre: You have about three minutes left.
Ms. Waldman* There would have to be access through the public area to this
private development area. The developer has said that he will guarantee
maintenance in perpetuity. A developer isn't going to guarantee maintenance
in perpetuity. Do Vou know what he's poi.ng to do? He's going to put it
in the condominium documents thit the people who buy there are going to have
to maintain it. In other words, it's not going to cost the developer
anything to maintain it. It's not costing him a penny. Further, there's
the issue of attorneys fees. lie •k:.ry conveniently asked that the City
pick up all. the r,tt, rn :':; fee a, Well the �_ttornies fees that will be
generated from tryinf_ to determine hew a condominium should be established
when he doesn't own the land un.erneath it and only has development
rights, and the perpctuai care a;c ti: forth, are potentially phenonminal.
And especialiv knowircc how hig't, ittornu,,'s fees are goin,; these days..yes,
I laughed too. And 1 would .,.� tl;at that's another particular problem.
But I don't tlhir;1{ that looking at tht- individual problems of the proposal
are sometl,iri; you should loon c.t. The question is do you have the power
authority to do this, and I thin'm you don't, and I would ask that you
reject this proposal. Thank you.
Mayor Ferre: All rifht, n,.�xt speaker.
Mr. Dan Paul. My name is Dan isui and I want to speak in opposition to this
proposal. First, I think that we need to get all the facts out on the table
since this is a public Bearing. And the one important fact that nobody
has mentioned and that everybody has been sweeping under the rug, and it
can very well rel,.e to who i:, entitled to vote on this and who has a
conflict of interest. And I rt,fer to the role of Mr. Theodore Gould in
this proposal, and I'm going to ask Mr. Carollo for the benefit of the
public and the press to now tell exactly how this proposal started because
Mr. Fosmoen has really only become the sacrificial lamb in fronting for
this particular r>:opn5al, and the public needs to know what' really behind
it and where the conflicts of interest lie. I think Mr. Carollo ought to
speak and then I...
1110
Mr. Carollo: It would be a pleasure, Dan. Before I do, however, I'd like
to ask the City Clerk if he could put me under oath
(AT THIS POINT, THE CITY CLERK PLACED COML,IISSIONER CAROLLO UNDER OATH.)
Mr. Carollo: On Friday, September 26th of this year, at approximately
4 P.M. in the afternoon, '-Ir. Gould came to my office here at City Hall to
speak with me. During the course of the conversation that we had, he stated
to me that he had been meeting with Mayor Ferre and negotiating with him
to hopefully build one thousand luxury condominium units in the parcel that's
being discussed here and he also wanted to build a marina in the style
as he called it, of the Marina Del Rey. he stated to me what he was
negotiating is for the FEC to give. the City twenty million dollars ($20,000,000)
so they, the City, could build upper middle income apartments in park -west
in exchange for letting the FEC people have their property there and for
the one thousand luxury condominium units to be built along with the
marina. He went on talking in some other areas that have nothing to do with
this during the course of conversation, but the other main important thing
that he stated to me there was that the N,avor, Mayor Ferre seemed to be in
DEC 17 1980
Mr. Carollo (continued): agreement with what he was telling me and that
Mayor Ferre along with himself, were going to be flying to Jacksonville
to meet with ';r. Ball and negotiate the final steps to this. Again,
this meeting, was in my office here at City Hall on Friday, September 26, and
he came tc ,ny effict, ;_t approximately 4 P.M. in the afternoon.
Mayor Ferre: 1,e- ,�t: tut en the record exactly my recollection precisely
as to the n;t l' !'I"E'i1t Cat ill . Glttld, Mr. maul, for V011r edification. Mr.
Gould diu r,cmt t ^il,.r: i c•n som,-thing else and Slid make an appointment with
Mr. Ball. an(i 1 t`ii:-, i;. was nbout that time, it was Feptember. And I did
f.ly up to, ar", :•yid thiF on the public record. This is nothing new.
That I did fly :!,> t( J6a 1:-0n'!11,1e, an'! 1 y;ot there around 4 o'clock.
_ Mr. Gould i:, ..c u1) ilt :�O for ri meetinf; with Mr. Ball where this was
discus?sed. t„ ;.hat , ?;r. Gould came down to 'liami wi th a set
of drawi.nt;s. ,) all t( id, 1 met witl-, ";r. Gould on three ocasions with
regards Lc Chit- i c... I wsis subsequently informed by Mr Thornton, the
President. of Ella ii l:aiiroad, that Mr. Gould had nothing, to do with this,
was not invoivoc , di,! nut have a contract, was not goini to buy the property,
and that in fact. :11-. bi,11 had decided not to continue discussion with
Mr. Gould tiiis property. Now, nobody has evo r denied, that I know
of. I certain' ha.t nol- denies: that Mr. Gould got into this picture. Vnat
I do deny very E;rl h laical lv, is that Mr. Gould was the originator of this,
that '-It. GoviLl kc.:,• ir,;; ived at the inception, or that Mr. Gould, as I understand
it, is in,,,Aved it I_i i:> pc,-Int. Mr. Gould is a developer who wants to
develop like !snit i;i:::t, ttc, wt::, t«Iking about. He wants to build apartments.
He's ent it 1,- ,, 1 . La.i . .. He'entitled to try tc szet this
property. 1%ts c:nti r.lane it, the FEC has also talked to Cadillac
Fairview. i�, entitled to buy this property should the
FEC, hate thU aci; tY to sc-1.l any portion of it. So I think the point of it
is tl!a.t ;;:. is n, cbviousl,: , friendly with Mr h,: 1.1 was brought into
thi-3 thing r1:_.;e P {lirl •1:: f o'.' by 111l1. La11. 1 Certalnl'; had nothintto do
kith i> in;:'. ti in ( ulle conversation. And th— origins of it
are sol.".et(iin cll<.'. V: 1:' 1 ' hay.- to get. Yrom either ;'lr. Bi;!I or Iron, 11'1r. Gould.
I will say it;l:.. ;:::t after the third meeting, that is, alter Lhe meeting
with Y,r. aI l cp i.:( (;ks_ n i l lc and after he came down with the set of
drawings, 1 tl'it'!' ii:,t �l Art <!vY further from Mt. Ba1.1 or from Mr. mould
about thi: i n':. !-, a!U trom Yr. Thornton who, .,nd I think the lawyer
for the FLC is Lclt, ::nd the other day before DDA wller, this matter came up
he put into the r .rc: tilat J . Gould and the Hollowell Corporation have
no contract to p.:r.::i: se tt.is nor are there any contetllplated, and that
indeed, thr FFC s"iculu t.il�y lave the right to sell the development right
to this prop-^rcy would do it in such a way that it would be a public bid,
and whoever would br. the developer most qualified to put those buildings
up.
Mr. Carollo: if 1 %iay add, Mr. Mayor, during the course of that whole
conversation, the that ,,r. Gould expressed himself to me and with the
authority that ht, spoke to me, not only did I, but I think any individual
would have ;oft, ii t:iv impression that indeed Mr. Gould was the one that
was putting, these nt,gotia=ions together.
Mr. Paul: 1 : `:i.n} ''-r. ^savor, you're missing the point. My point at
bringing this up at the public hearing, I think the time has now come
for any meml.:cr „fthe Conmiission whose had any business dealings with
Mr. Gould or with any other perspective developer to now identify himself
because I blink lie would be disqualified from voting. And I think the
public should now Know those facts.
Mayor Ferre: If N,r. Gould is not the purchasor of the property and doesn't
have free titlt to it then how would that...
Mr. Paul: Mr. i:.:ulc' is one of the perspective developers. Mayor, this
is about as subtl as cellophane, isn't. I mean, that what's going on
hear. And I tlin<< that this is a public hearing, it's time to get the
facts out on Elie gable. And it's obvious that Mr. Gould is the perspective
developer. I d,n't think anybody denies that, including the FEC.
(INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD)
90
"t.
11' ` 'r 4
4 a
Mr. Paul: Cadillac Fairview is another.
Mayor Ferre: I'll recognize you, Mr. Brigham, at the appropriate time. You'll
have your turn. And you know, you can deny it for your client and you're
entitled to do that. And I think also, that we've got to be careful that
we don't play games of accusations and things of innuendos and implying
that there's wrong doing or people are doing things that aren't ... but
you know, go ahead and...
Mr. Paul: Conflict of interest, Mayor, is not playing games. I mean,
either they exist or they don't exist and the facts ought to be out on the
table.
Mayor Ferre: Okay. Go ahead.
Mr. Paul: Secondly, I think that ought to be brought out which has not been
brought out by Mr. Fosmoen is that the counsel to the City have advised the
City that you may not legally do this deal. I don't know why we're wasting
all this time, frankly, at a public hearing. If the City Attorney had
advised you that you couldn't legally couldn't do this deal, that would have
been the end of it. Your special counsel, Mr. Frates, advised you, and has
advised the City °tanager that this deal cannot be done because the City has
acquired the title to this property. You adopted a resolution of condemnation
based on this property being used for n public park, and therfore, you have
no legal right to now take this property and sell it, give development
rights or anything else to any private developer. I don't know why when we
start these proposals or issue memorandums, we don't get all these facts
out on the table to he4�in with. That is the fact, is it not correct, Mr. Mayor.
I think you hearu the counsel deliver that opinion.
Mr. Fosmoen: NO, it's not.
Mayor Ferre: At the DDA meetii.g two days ago, I guess it was. Certainly
within this week. It may have been Monday, Mr. Frates, for the very first
time that I've ever heard, made a statement that in his opinion, it was
ninety percent (9017) certain that this was illegal but that he couldn't
guarantee because it was illegal because you never knew in the law. Those
were his words, as I recall.
Mr. Fosmoen: That's right.
Mr. Paul: Now, the third thing, and I think...
Mr. Plummer: Excuse me, Mr. Paul. May I ask a question please.
Mr. Paul: Yes, certainly.
Mr. Plummer: You say there is a memo or a letter to this fact.
Mr. Fosmoen: No, it's verbal. It's verbal.
Mr. Paul: No. Mr. Frates has advised Mr. Fosmoen on at least two occasions
that this project could not be done, legally.
Mr. Fosmoen: No, Mr. Paul, that's not what he said. He said what he told
the DDA yesterday, and that is that there is a ninety (90) ten_ (10) chance,
in his opinion, that it could not be done and that it a verbal communication
not a written communication, sir.
Mr. Paul: Made to you on two separate occassions after you put the question
to...
Mr. Fosmoen: That's correct.
Mr. Paul: Why is that fact not brought to the Commission by your memo, Mr. Fosmoen.
Mr. Fosmoen: That's correct. Mr. Paul, I don't know if you heard the Mayor
or not, but he asked for a very brief overview of this proposal from the FEC. Now
if we wish, I can take more time, I can also discuss with you, as is in this
91
11
Mr. Fosmoen (continued): co:T:munication, or with the public, that there are
some time frames involved for the sale of the property. You're absolutely
correct. I have Tiot described those in a very brief, verbal communication
with the Commissic,r today. They are outlined in this communication, written,
and the Commission all has copies of those.
Mr. Plummer: to -inswer my question, Mr. Fosmoen, at this point, you have
not had an writ ten c-tim,mi.cations with Mr. Frates in reference to the
legalit}.
Mr. Fosmoen: That'!; correct, Commissioner.
Mr. Plummer: All rik-h_, tha-nk you.
Mr. Paul: Oi:ay. 11,t- third thing that I think that needs to be brought out,
Mr. i•layor, is wl;r,' .c tr)ld the Downtown Development Authority on Monday,
that this propcisal, .it .east as far as you were concerned, even if the theory
of it were sound, it not sound from a business point of view and would
have to trc renego-t ;tcd wl'_h the FLC. We're having a ... in other words, a
public hearing to -.rt=t}iing you have already expressed the opinion is
for the City': �wjit ;)f View, not a fair bussness proposal.
Mayor Terre. .'.av .I ;anr,wer that"
Mr. Paul: Yes.
Mawr Fer re : i ;,: wc• r e there, Dan...
Mr. Paul: I
Mayor Fcrrt': r vot., knew that I said, I am not going to express an
opinion t d :_. , `:, _':n. ,.ot, going; to express an opinion today but I'm going
to give- - C. it as. it I were arguing each case separately.
And as ii :i,}T. This w,:uld be the statement I would make if I
voted this wa,. , t;iiE b.- the statement I would make ii 1 were voting
the other. And 1, then, <3t: ncc end, because I was afraid that somebody
might do exactly i,: r, said I want to rciteriate that I have not expressed
my opinivr:, ri'lled bath of these cases so that at least I can
eYpus_ b.tl :, i i think. I irgiled just as fer%-ently and as
strongly f : tl, _ tl,e la;; suit wheii I presented that side
and gave ail t,.. i—, ::=(ns that I cel,16 think of. And I didn't see that
you adder. tU:� r.,a::: ..orL' or inybOd',; else did. You elaborated, but I think
I foi:r .)r `i.e M;1jrj points on that side of the issue. And
so I don'r.... oil not mare the statement that, you Knew, as a final. thing
that ti,L!-' Was %_ :>aca deal. VMat I did say in the beginning of my statement
was that is ;:;t were the will of tl,c majority of the ComnJssion, that we
would one, the concept, from two, the offer because they
were se,.ar::t: tt:i:;,, tot,,il. Anc' th.;t if the concept was acceptable but
not the nut:.hi-rs, then that would have to be renegotiated.
Mr. Paul • I ,xc:t r3tcc� you te. express the opinion that you brought on
the second ;,Irt the proposal that the business cenc.-pt was not sound.
Mayor Ferre: i cxpres=.ed was, when I was presenting, that side of the
issue, was th::t purha;:s that ,-ould or would be further negotiated.
Mr. Paul: huli, Iet's leave. the ?•iayors Alphonse Gaston position and
arrive at some other facts that I t:tink the public ought to know in
connectior. wit!: It, is proposal. First, in addition to Mr. Frates opinion,
you recni_ed 'li, reason ::e have this eighteen million dollars ($18,000,000)
in the ba::a.. 1 t ;:,ot s back to a time when the City had a bond issue and
attenl?teu t,, ,i -�tajium ^n B'111 Paint. 'That was one of the few
bond is�.uc_s l.n:ci: was hez!vi'_y campaigned against and it was defeated. That
bond... th t tl:,. bend issUL-- Mr. Plummer, to the thirty-nine
million d liter: (1;9,000,000) parks for people. It w.,s proposed..
(INAUD; 111-1: 00)1•21.F.'iT P1,.:-CIA) Ol TSIDE OF THE N'B1_IC RECORD)
Mr. Paul: No, not a stadium, a sports arena. Sports arena was to be
built. That was campaigned against very heavily by a number of people in
tat
92
0 E C 17 1980
Mr. Paul (continued): in this community because of the destruction it would
case in Bayfront Park and the fact that it would not preserve Bayfront
Park. When that bond issue was con laded, there was a great deal of
comment that the „r•_n_,p had only been negative and that nothing, had, therefore,
been done to preserve Bayfront Park. The whole concept of the thirty-nine
_ million dollar ($39,000,000) perks for people bond issue grew out of that
election and the huart of that iJ; r,r. is:,ue was to Ball Point in this
particular piece of properLY. %.L i'iil l3a,a's suFge ti n, some additional.
money, approximately two million ( 2,Ot10,000) was added into that bond
issue for parks, picket parks in other areas. The whole thrust of the
thin}' -nine mil.lion dollar ($39,000.000) parks for people bond issue was
to preserve and save i';irk, what bond issue passed overwhelmingly
and those bonds h,o,-,, been sold. Thy_ City then filed a condemnation action
on Ball Point. fif,ore the case was to go to trial _, the City got cold feet
and we were told that in order to acc.�mpl i__?t the park:, for people bond issue
we didn't have ennug?1 money, �:nd therefore, the moiley we ware going to spend
for Ball Point o,Lg':t to i,f, preserved in order to be Sole that there was
nc possibility; th,:t it wnul.d i)e: lost for the public, the FEC, puce of
property. And LCT.imiSSlOIi rdopted YC'SClutions at thiit particular time and
was to go full stoa,n �_?rward to acquire the FEc piece of property. Now,
all of a ;ulden i+JLer we M:Ive-� wt.;' the 1.,.w suit., 01is case leas been in
litigation fer a nut ,,b,,r of years now. Tile FI:C has exhausted all of their
legal remedies. 'they don't e%:cn have th title to the piece' of property
any more. We have. orll% an ICC law suit pending anti wu have a suit pending
a•:icunt of the verdict. ,end the FEC comes
in which file ur:: h:S to fix the
c'
t tile_ City of `'iami for Coe, of the: City's
in now anti j r.!f �e5 tc, sel i .
appraisals ., part o: the tC'- elover. -million collars. Now I submit
that tl1L 3 SCae:e ill till:.: i'.:3tLer. You 'nave gone
to the public twice or, thi; D.srLiCulal: issue and the public has given
its instrui_tA -)n. i;:u ?l vu i:,su._c th,_, honds bases on the publics vote, and
the money with trust to acquire that
particular p ,_'c• i re 1h:J c;i lur part: purpose, not for condominiums for
Mr. Gould or- i c - CI! i ,i i . , i,. -. , c r for the FEC, or for anybody else.
And that c:.Jn.ej.t Ct. C61:nCL, at L1115 jJarticulaY point, compromise on. I
wonder what ti1C' ClZiZerls Of this City woulC. think of us fifty years from now
It WE. wCald Perm).* lie t•.il:i.i C l'rGrL' r:1 thaL is now proposed to you to
destroy the rt :: ,.i i t ,:rld talc_ cc: rules t i nh link bt twee n Bay f root Park and
Bicentennial ;ark. se,�cndiv, look a'Iiat's being proposed in it. You are
being asked to put. c r:dan,iniur,.s of SU'L.n Enormous density at that particular
point, and u.tu ot.!,er little looker tI?at''s in this proposal that hasn't
been mentioned it: that all of the water area which the FEC is proposing
to keep should btu counted a:; laud area for purposes of determining the
_ FAR. Nice, little ginz.ick to c_uwd all you can crowd oil this particular
piece of prrpert-; and zs,juci_ze L?u last dollar out cl it. If it's all that
good, why doesn't ti,e City acuuiru it and take bids and have development.
161hy do you let the [.cart of the watermelon be creamed off in this particular
manner? Secondly, who .zouldn't like to develop condominiums when the
public has �C,t tc. pay for the fronL yard, the side yard, the back yard
and the w�:tc r :!iew anti provide a t:,arilla. peer isn't a developer around
who wouldn't 'De delighted just to acquire the property that you're going
to crowd the condt•nli.ni a ils on. Thirdly, one other little hooker. The
beach that you get you don't eVen. fret free of any string,;. If you decide
that you want Lo put a marina cr �:nything on the piece of waterfront,
the little pied: that you het over on the other side, that you want to retain
the FEC has the first. option for the development right on that particular
piece of property. Thal again i:; part of this particular proposal. Nobody
has mentioned the fact: t?lat you're j.0ing to pror^ise the FEC two and maybe
three access roads tllrourll t.':. l.tLle narrow strip that's going to be left
to the public, t.,at you're gc11:1 to huild at City e,:pensc. Tire developer
doesn't ever, want tc ,a, hi:> impact fee. The public is going to have to
put the roadh. And you're point to have to put them in right through the
middle of the park. to bepar,ite those particular areas and maybe another
one to the Port Boulevard, if you can beL the permission to put it in.
What kind of deal is that rl,at we're supposed to be having a public hearing
on? No wonder, %o wonder that peo;,le are talking about that if it's
approved 1n pTincil;le, tl:aL we'd i:a'.r to rcneZ;Cutialc t.i'ii5 whole deal.
Let's get down now to Lilo other little_ proposal. The FEC doesn't like...
they of course want tc, reserve the right, tilt exclusive right, to have
the only hotel in the sports arena area. I,'ilat are they going to pay
you? A dollar an occupied room. And what's going to be done with that
ant
7 1jo0
A. Paul (continued); money? It has to be used to promote the hotel and
the sports area. It's part of their advertising budget. They're not even
proposing to put a sheckle in the City's budget. It's even more inequitable
than the Ily.rit t_ proposal which you're already locked into. And again, they
don't NO particularly putting it on their property so they want you to
acquire the property over on Miami Avenue and trade them that piece of
= property to brit their hotel on. Now, I'm shocked really that the Acting
City ManaSur vuu d r v n bring this kind of proposal to the Commission or
to the public fur public hearing, 1 really don't know what's behind it
but certainly vou`re net going to trade off the future of this City for
that particular kind of proposal. And I submit, legally you can't do it, your
counsel has tole; you. .vu can't du it for a second legal reason because the
eighteen million dollnrs (518,000,000) is impressed with a public trust
that...not only a p ubl Lu trust but a cr,Tnitment made by this City to the
voters to acq&rc t_ or for public perk land. Bayfront Park fifty years
from now whr_rl , j,a_L all the development that you're talking about in
park -west, in Uyr ,arc -ay, and all you have to do is get in a helicopter,
ltfs a po:if_ gc stal'p pack even With all of the _laird that you want to put
in it. It Lan ocvar yo any further on the north. There's a chinese
wall with the express way. It ran never go any further on the south because
you have p rnitiQ Lhe rape of hall. Point. That piece of property has been
totally and 001 ell r IOSt tO one public, nine, that view has heen blacked
out. Sri Lhere you Are hetween iwn Chinese walls and now you're proposing
to put una of uvon greater density in the very middle of that p,nrK area.
I don't knon, a ! it L OCS a tr2men6ous amount of time of the public and
the citizens i , , - _ 6 .an ;sere for one for two public hearings, it seems
to me that at s": " P.,Q; the City ought to start representing the. public.
That the City ghi W start honoring its conimitments r adu K solemn bond
issues. The t_'; Q . nghL to tArt spending that money for the purpose for
which the. Wi,: - ro :,rid, and luckily snid way back when yru could sell
them at l_o n 1ate:5. Inc the Ciiv ought to stop letting developers
come privaL,ly n1d _�ert and proposing and putting these proposals up and
all of a su ldc°n t i k k , wr Mr. ? csmoen who' we only y_ vnt acting City
Manager with Klqj Lila sacrificial lamb to come in here with a proposal
that from t-u i.re 5 -mint of view, the businessmen would laugh him
out if by 4 gt �: c d n uc is a thins;. If that piece of property were
privately cw.. d and ; hn FIB'. caux in with a proposal like that I don't think
there are very ::1iu, private businessmen who would waste- the time for a
second meet.Kg. Aid hcrc we :are having not one but two public. hearings.
The law suit haz Wen delayed because of this particular proposal. You
have already won the low 6uit. You didn't get this proposal until the
law suit was already wur,. This is the last gasp now, the FEC to try
and save thi:: property for development so they can squeeze the last dollar
out of it. The&ve• hilt'. WE City up now for many years. Did you think
you were going, La get a fair proposal from the FEC? I just wonder how much
longer this lied of �harndv can go on and how much longer the public
really ought to 11:,Ve Lo rut tip With it. At some point there ought to be
specific pui f,ra;,;a.'c on the commitment and the oblig;aLion you have made
to the 1'uh; e ._cad i nryu you to go ahead and permit this law suit to be
concluded. L, t Lil: ;urn' fix the verdict inthis particular cast. Mr. Frates
has furtLer :advit,..j Mr, Fosmoen that in his opinion the maximum amount
the City would have Lo pr:y wou d range from a low of eleven million
(11,000,000) to a high of eighteen million (18,000,000) all of which you
have, in fact, committed specifically to this particular project. I would
urge you rn turn :t down coday and not waste the public time with another
and second public hearing on the matter. (APPLAUSE)
Mayor Ferro: Mrs. Gordon.
Mrs. Rose Gordon! That:k you Mr. Mayor, Commissioners. Mr. Paul is a very
hard act to folinw. I whnt to simply say in a very few words that I'm
speaking only for myself. I art not speaking as the representative of the
Miami Board of kraltors today. They did meet with Mr. Fosmoen yesterday,
a small count ttve but they were not prepared to take any position whatsoever
on the. proposal I ;.part to remind the people here, those vho know that I've
been involved, an You arc now involved in making these kinds of decisions
for the public, that in 1972 I worked very hard with a number of other
people who are very interested in the preservation of the waterfront from
the river to the expressway. I was very heart broken when we didn't proceed
with the condemnation on Ball Point, but that's history and that's in the
94
14
Mrs. Gordon (continued): past. Now I remember very vividly that you,
Mr. Plummer, were I believe the maker of the motion that time that said
that that money that we were going, to be using for Ball Point should be put
aside and held and not be used for anything else for the acquistion of the
FEC property. I also recall vividly the day that I walked into a meeting
upstairs that I wasn't invited to and the subiect of the meeting was the
exactly, almost a different coni'iy;uration of land but almost identically
retention of a certain porti.nn of land by the City and the rest of it to
be retained by FEC, Fortunately, after that dilemma the City dropped the
proposal that was being made at that meeting and proceeded to enter in a
bonifide condemnation suit. I'm very happy that we have progressed as far
as we have in the condemnation suit and it hurts terribly_ to think that we're
even standing here today discus�inca proposal Like this because this
doesn't belong there. Thir; area definecely should Tint be set aside for the
exclusive use of some high rise lu:•:ury occupants. '�tais is area that genertions
that follow me and you should i:ave the privilege of utilizing as public
land. I want to also call vour attention to the proposal down there where
the proposed colliseuc; would be taking place. I want you to take note that
you will be paying; four and o half million (4,500,000) for a sliver of land
with a promise of some additional land predicated upon the acquisition of land
that we do not have any control cv`r where we must go into crUurt to get it.
And if we go into) court to c:et it, going to have to pay for it. That
means another bond issue. We don't have the monies avuilahle that we can
call on for that purpose. I also call. your attention to the fact that with
the inflationary factors that we havee to face, by the time that the possibility
of a condemnation settlement for the cost of that land could be made we
couldn't afford to huy it. Lct's face reality. So the whole thing is
a lot of fluff in r.11' opinion. it'F- fluff that's, you kno�', crude interesting
for people wht� don't want to delve into the specifics. but anybody who
delves into sneci;ic,s. has to sec: that it's a hopeless situation, the whole
proposition in r,: c-pinion, should be put to sleep today.
Mayor Ferre: All right, next}ea ter. Yes, sir.
UNIDENTIFIED SPEAKFR: ,ten; 1 suppposed to state my name and address?
Mayor Ferro: You arc, sir.
Mr. Ellis William Cruz: My name is Ellis William Cruz and I live at 631
N.E. 57th Street. I'm one of those rare people that actually does use
Bicentennial Park. I don't know how many of you here have ever been in
there. Could I see a show of hands those that have been in Bicentennial
Park? Not too many. All right. The newspaper says it's a terrible place
and that there's been rzipe and murder, and I'm sure there has, But it's
also a very beautiful part: and if we were to acquire this land for park
use I'm sure this land would compliment Bicentennial, and Bicentennial
would complement this land, and they would both compliment Bayfront and
vice versa. Thfs Sunday I was in Bicentennial Park at a memorial for John
Lennon, and as T was leaving I stopped in front of a fountain...I don't see
it on the map but it's on Biscayne Boulevard, I stopped to copy down what
it says on the plaque that's on the fountain. It was donated by Burdines.
It's called the Fountain of the Suit, it's imported from Venice Italy. And it
says, "It vas given as a gift to the people of Miami to inspire us to
beautify this great City". And I thought it was kinc of ironic that here
this fountain sits and right next door to it is land that they would be
building a concrete box can. A.nd I was also amazed the first time I heard it
in the newspaper, that this City Conanission was actually seriously
contemplating letting this happen afterlike Mr. Paul said, all the red
tape that we've gone through over the years to acquire the land. I don't
want to take up too much snore time and echo things that have already been
said. Just let ine say that citizen Cruz was here today to put his two cents
in and he sincerely hope-s that you don't let them put up another concrete
box because I've never seen mankind capable of building something as beautiful
as nature, and I think that we need another condaminimum on the bay like we
need another riot in Liberty City. Thank you very much.
Mayor Ferre: Next speaker. Are there any other speakers that wish to be
heard today at this public hearing? Yes, sir. All right, Mr. Brigham.
S+J DEC
17 1980
� rr
40
Mr. Toby Brigliilc �Ir. I.1 yc- and your honors, my name is Toby Brigham. I
along with the f ii-m of Shut is and 1;awen,and Mr. Eric Myers have the privilege
and honor to rt,;present the Florida East Coast Railroad Company, the owner
of this property prior to the time that the Civ sought to take it. by
purpose here today is to ask everyone not to surrender their opinions but
simply tr_t ur.ti.. the position of the F'1c'rida bast Coast Ry.Company
in this matt.r ,ird cr•lsider Chose, and then see, understanding that, if
their vlewt; i i ilt ic:'t lily shift. T welcome this imput iii the disucssion
on the merit-, t i)p,)l.os;i 7C foi- my outburst before but 1 don't think that
a smear campagi--: i rcm tl';e iavyYer c,f the Herald or tlto2 Herald is adding
to a constructive consideratic,r+ of the mer.tis of this proposition. Consider
first of a',1, if :'.a will, what. took place. It is somewhat in this scenerio.
The City OF NiaT!,A ._nr.tes to the Florida East Coast Railroad Company that has
owned tlii�• pr-'17c 1 rV for a iong time and says we want to take your
propert-v l or o
Mr.. Plur.imk-r: 1+';,ir Li minute.
Mr. Briyl , ir: Sir'
Mr. t Iummr•r: fxc.use mc. proceed. I'm sorry.
Mr. Bri.s 1 an;: 1'•r:r r'lorida East Coast Railroad Company says we don't want
our prc)pt,ri : t i"-:cn for the park, we own it, we have constitutional rights
to own it, nn:, tc• ho', d it and to dispose of it. The City also said we'll
pay you f.'ttrtet.n •:m% i,alf million dollars ($14,500,000) for thirty-two
(32) 3Cr£'E= Of lh&,'i.ront pi-operty, This i.5 ten dollars and
forty cer;t,; ( ] .'t �1 sgt:.,ro.' foot. iall Point_ months inter sold for
forty-iij,.it :i SClU3rc' +UOt. So in tv.-rity (,)tl) years of
represetlt wll:'se pI•Cii)C'.-LjeS :ire taken by gc)*%,C,riI-_t:ilt:it authorities,
I don't : ? r'Ic' (': "i ,!.i t;ast. l.C'.ist )ill l road Coll:pari :ic t illC untypical of
Owtle,1s£` ihe", resisted the taking under that
cirCUi-i" tt.I tt 1-i:`r ;1UC', l: o!,i the st,in6pcitlt and vi(,Wpoint of
the ri+i;., ,1 :1 v, .- • rc:d f'or tlic prupt�rry to take it against their will,
the: ct 1;1w whi~h is every cwne-rs ri1!7,ht. And I
submit: rl ;',.:; t r 1l!W"1r .';" arie circumstances would proceed in the same
way. Tko t t i, :i victory in Hit- Supreme i-:our t of Florida determining
that the'.: ;1, 1 _-rt, . And if the City had n!�t won that victory,
ob:•lou: tt.. ; t h ;,. ,L�' t lerr.t'r.t c;p porturit\ . ?lot.. ver, "'(-Cause of
that vif.tu),. l:t' lr'V£' f 11f-re it a Settlement 01't ort uility, and we think men of
r',OOC w;l.l Cali 1".:.<'!t SfI!.l•J1CLlt `p,)CrtUnitieS WileT, there i. muttial interest.
Natural:,-, tl.i:: I:.i, 1-,e of bc_netit and interest to the Florida East Coast
Railroad Compzin, ()I" t11.-1c' wo.:Idn't be any settleiTicit tlit'i'(,! Wither. No
public cc,-,Tr;an ir- ;.,oink. to handle its affairs other than in their self
interest . Ar:: ? i t lte ti;e 1 f interest of the• City can match that of the
railrccl<!, -1 1 rt:tter, yo••i ha:e a settlement. Tile k<y issue I think here
is whetl,c'r it -i>; .1cctptable or desirable to have rt'Sidfntial neighborhood
in the 1:+r� t i:; then 1 settlement is workably'. 1 submit that
perhaps. ttlot•+ ,ot!k you to turn it down today don't want to hear
from tllF- i.: .,I::t' it ::il:; ,in(i cotlliaunity leaders as to whether that in
concept. i:, W,__ ilearc'. from architects to,lay who said that it
ought to bt rL!iid.'rlt i,ll Ust> in the park and they I'ut ili more. than one.
Howevc'I', ti)o ,oii,t l:ece from the rriilroads standpoint is as follows.
And I gaes�: b_i,:c' 1 r..` that, I'd like to clear Li) this matter with
regard t,, ::1G i+ntl I'd be please, Commissorier i;.irollo, if you wish,
as lonp, as I dJon't tia%,e to give up representing tilt` client to go under
oath, I have ,..•t-r: :• 17. GOIJIti a•7pe:3r in these proceedir.e.s. 1 have never met
the rtltin. :',tit he Is the type r;i r.,an being a very able promoter and developer
to spetle. tt, ,)t:t- ,,;lc i::it't_ vcu presume that he has authority to speak. And
thr-toS aUl, ri tt =. !C fs": 01 X..r. GOuld, bUt iL'S ii re-coKi-'ition of a way of
doing bur,ir es:.. w.::i f first vr.ployed early in this year by the. Florida
E a 9 t C,),�2st ii L.: :t: t C'ltil),111\ , iinii UPOrl bring employt_d krlowiilg, attel the
title, the ri.,'lt !i tti(, City tc) tali- the property ! ight wus over, one of
the f it '.c .'cnt i • t i ::ti or s that occurred to me was how Could this case be
resolved aitc-r ;1 long,, f rite ir; a way that would lie mutually advantageous
to the Citv at.J Florida East Coast Railroad Cc'mp_ny, my client. I
went to Cartad:_. :n, i t:ilk00' t11 60%it' developers to set- if an idea of having
develop,: -lent. ii, 0A.-, park would, under the circumstances, when it was engulfed
in the park wtil'd provide a marketability of those units to the degree
that the Florida Fast Coast Railroad could be paid the compensation that it
C. n
fist _. t„6.Su
Mr. Brigham (continued): expected from the property, from the worth of the
property itself, thereby reducing the public burden of the cost of acquiring
this thirty-two (32) acres. Perhaps from that aspiration somehow Air. Gould
may have gotten word. The next thing I did was to contact Mr. Frates, the
counsel of record for the City of Miami and say we would like to discuss
settlement. Air. Frates words to me were that he would first like to get
a trial date set which was done in October. In the meantime, quite
coincidently, Mayor. Ferre and perhaps this was done as the newspaper reported
withe the suggestion of Mr. Frates and Mr. Paul, he happened to be in
Jacksonville and he dropped in on Mr. Ball and was discussing settlement
prior to the time that Mr. Frates and the City were to meet. However...
Mr. Carollo: Excuse me, sir. You're saying that Mr. Gould just happened to
be in Jacksonville...
Mr. Brigham: I say Mr. Ferre happened to be in Jacksonville.
Mayor Ferre: No, no, no. Those are two separate meetings. I was in
Jacksonville to see Mr. Thornton, specifically. Mr. Could was no where near.
I never saw Mr. Gould on that particular visit. I was at the FEC Railroad
Office Building ... not the FEC, Mr. Ball's office building where Mr. Thornton
has his office in .Jacksonville, And after I met with Mr. Thornton, Mr.
Thornton said would you like to talk to Mr. Ball. And I said, Mr. Thornton,
I've got to go catch an airplane. And he said well Mr. Ball will be
_ disappointed unless you come in and say hello. I walked in, I spent
fifteen minutes with Mr. Lall. 1;e discussedsomething and Mr. Ball said,
look I don't understand what you're talking about. T. don't particularly
like the idea because at that time Mr. Grassie, who was the City Manager
and was doing all these negotiations was beginning to talk to Thornton about
putting up a concort }gall or something like that on the property on the other
side. And Mr. Bali was totally confused. And he said, well you talk to
Mr. Thornton and come back. Now, . that had nothing to do with ... Mr. Gould
was no where in the picture. The next time I. went to Jacksonville, Mr. Gould
had already come to Miami, represented that he had talked to Mr. Ball, was
interested in purchasing the property. And when I went to see Mr. Ball the
second time, specifically for this purpose, Gould was there. Let's not
confuse the two meetings.
Mr. Brigham: I wish to make plain that the first meeting was while you
were in Jacksonville on a speaking engagement and you happened to come in
and see Mr. Thornton...
Mayor Ferre: I was there at the invitation of Farris Bryant...
Mr. Brigham: ...Mr. Gould was not there.
Mayor Ferre: ...former Governor of Florida, to speak to the Miami Rotary
Club. I'm glad you reminded me because I was trying to pin down the date.
Now I remember.
Mr. Brigham: Mr. Could was no where on the premises whatsoever, nor
involved in this matter.
Mr. Carollo: Let me, for the purpose of clearing up that conversation
that we had...
Mr. Brigham: Could I finish the resucitation of the history of the.......
Mr. Carollo: Certainly, sir. You mentioned me, I was going to answer you
but go ahead, sir.
_ Mr. Brigham: Then Mr. Thornton told Mayor Ferre that the railroad had
some counter offers to make having in mind my conversations with Mr. Thornton
with regard to this concept. Now between the time that we had a meeting
with Mr. Frates and the Mayor and the Acting City Manager, and you know, who
else do we meet with but talk to the counsel of record and he sets up the
meeting. Then somehow, not at the invitation of the Florida East Coast
Railroad Company, not with any commitments whatsoever, Mr. Gould, being
a very imaginative man, having an investment in the community sees an
Mr. Brigham (continued): opportunity and he proceeds with imagination
and initiative to advance an idea. 5o it is a cooincidental matter. And
Mr. Gould did draw Plans, and he did all of this but the railroad didn't
ask him to do so. i'he railroad would just assume that he not be whatever
involved be:s"nue we're dealing here with the City of Miami and its been
done in a Straight forward manner, and there's nothing sneaky, there's no
deal, there in nothino ,,ff color of fishy about it whatsoever. And I
say that Mr. Gunk' an a citizen, has no less right than Mr. Paul as a citizen
or than the edl;oy of the Miami Herald to express his views and try to
advance t:.heir idwA5 . And ghat honest to God, is all that there is to it,
Commi.ssionec Carol icy.
Mr. Pluivier: t411 Mr. Brigham, since we're getting the record straight, let's
get the record ntraight from this perspective, and that's mine. Sir, at this
time, you have not, in my estimation, nor Mr. Gould, not anyone else,
negotiated wiQ tl,•.i; rt of Miami. Let's get that uecord clear. The City
of Miami is f'_�e 0) Commissioners, five votes on this Commission. And as
far as 1'n ;oy-arncu, really what we're meeting here today is whether or not
this City: w-olN l i-:e to entertain a land swap becaiso at this point, other
than a vary 1,.4,E terminology, I have not had any contact, I have not seen any
plans, I have :;ct seen any drowinps, T have had no contact with Mr. Gould
in any way. shape tr form. Now, to say that anything has been negotiated,
in my esulmation. is f0se terminology. There has bean no npgotintions.
Mayor Ferro: WaW _. moute. Let me interrupt at this point, J. L. Because
I need to nake vare we all understand. This is a Manager -Commission form
- of governno"L -
Mr. Plumwer : Qrract.
Mayor Ferro; Obviously, the FEC since they've dealt with the City of Miami
and Metro p i i t ,n `,:,.d County know that the majority of the Commission in
both Metre and they C'it` have the final vote. In all governmental process,
whether it', t." 1042 & the land to build a rapid transit from the
FEC, whetli: r t ` ._Pc cormtnt.ion/conference center, whether it's the Police
bui ldinp. wpt hr r i t 's swapping with the County land so that we will have
three coinin. "as 1 ;: k" in Gnvernment Center, whether it's going to
Washingt cn W Le i k to got Vur million dollars 04,000,000) to convert the
Coconut Grove Exhil i.t.i -,n Hall, formerly Dinner Key Exhibition Hall to a
Coconut 6ruxe L.& ition Hall, whether it's going to Washington to get
five million dollarq ($5.000,000) of EDA funds to build a garage for a
World Tradn Cunt.. r, whcnccr it's negotiating with Earl Worsham or with
Ronnie Fine of L"de Federal, the Mayor and the Manager and staff, and counsel
have certnin. that i consider t.o be fiduciary responsibilities. My
predeceEnat, my i.Aucusnor David Kennedy, his predecessor, Steve Clark,
and certainly Fri, predecessor for ten years, Bob High played that roll. I
don't want an.>hcdy to misunderstand. I have never at any place, either
in Washington, TAT laassee, Jacksonville, or Miami ever expressed that
I renrcy -r- Od , c'Lnl thv C ommisbion would do one or another thing. I cannot
talk. for Lhis Lornission. This C011:unission must talk for itself. I've
never thnu;ght uti„erwise. I don't think it is necessary to tell Mr. Thornton
Elm of the FEC th a ! i.r e he vvidvntl,; knows that. I think that the counsel
for the Vc r:•wan that. Ana 1 juot WaW to put it on the record again
that you and I hotn bn(w that there are many things that have happened in
this City that I think most of us consider for the public welfare that
initiate- it at .. (,VeL i ng hetwc.en the Manager, Paul Andrvws , or myself
talking, and I'm norry Dan Paul is gone because I would point out to Dan...
Dan, where are you?
(INAUDIBLE PACs'.• Rl I ND CO''124ENT PLACED OUTSIDE OF THE PUBLIC RECORD)
Mayor Feri c.: Lveo though Dan is not cne of those who has made that statement,
but if it weren't for Dan Paul, and if it weren't for his former client,
Greenburg? The pr,perty on the river where're we're building the convention
hall. He was DW s client. If Dan had not called ire and if had not...
Fineberg, If we had net had lunch at the: Columbus when Dan, Mr. Fineberg,
and Paul AndetvF met and discussed and did that? Now the only difference
between that and this is that that, in Dan's opinion, I"m sure, was a
very good deal. And there's no question that that was one heck of a deal.
`1 V
DEC 17 1q%JJ
Mayor Ferre (continued): Now, he says that this is not a good deal for
the City of Miami. That's fine. That's his opinion. I haven't expressed
mine yet. And I think the point of all of this is that I just want to
put on the record that I think that we all understand that there are certain
fiduciary responsibilities. And when the Manager does something, he
certainly...he knows as the Mayor does, this Mayor and previous Mayors, that
he cannot represent that the City of Miami is doing anything because the
Manager is not the City of Miami and neither is the Mayor. But one thing
is the Mayor is the Mayor.
Mr. Brigham: Well let me make it plain, please. We have...
Mr. Plummer: May I answer, sir.
Mr. Brigham: I'm sorry.
Mr. Plummer: Mr. Mayor, obviously you missed my point. I have no problem
with any one Commissioner sitting down and entertaining conversation about
a proposal that would benefit this City. I have no problem with that. But
the thing that I was correcting was that Mr. Brigham used the terminology
that he was negotiating with the City of Miami.
Mayor Ferre: He was.
Mr. Plummer: Well, I disagree with that.
Mayor Ferre: He was negotiating with the City of Miami.
Mr. Brigham: Could I explain myself so that there is no misunderstanding.
Mr. Plummer: Sure. I just want the record clear. That is was not a
negotiation with the City of Miami because the only one that you can
negotiate with as far as I know, is this Commission.
Mr. Brigham: Right. Negotiation in my term means all that takes place
before there is an agreement. And we're in negotiations right now.
Mr. Plummer: To me, that's discussion, Mr. Brigham.
Mr. Brigham: All right, sir. 4e had to start somewhere and come up with
a presentable offer that would somehow meet he needs of the City so we
chipped away at it and now we're here.
Mr. Plummer: Fine.
Mr. Brigham; All right. First of all, as to the concept. In green, or
the various colors of green are all of the public parks (AT THIS POINT,
MR. BRIGHAM STEPPED AWAY FROM THE MICROPHONE, REST OF COMMENT INAUDIBLE.)
Mrs. Hirai: Mr. Brigham, excuse me. Would you mind putting your statement
in the public record, please. You can take the mike.
Mr. Plummer: There's a mike right behind your chart. Take that out and
you can use it.
Mr. Brigham: So for all of the uses that our good friends are talking about,
there 1e eighty (80) miles of waterfront to accomplish it on and two
thousand five hundred and fifty (2,550) acres of park without this
thirty --two (32) acres to achieve it on. how, I...the concept of the bond
issue was for neighborhood parks. And I think everyone except those that
may be t.rving to 1116ke 4orue issue of this other than on the merits are
saying that let `E} u;ake this a neighborhood park. Let's }>ut a neighborhood
in the park. It Will ray}:e all of the bt:yst,ore, cr Lc:yirout Park from
its southern Murder or itE northern border a :core interesting, more
useful end P101-e cafe for everybc,dy. And that iE t modern concept of urban
design. Futhtrif.cre, as hard as we could look, we couldn't find that the
City of Miami hac done CHUCK in that Overtown-Culmer area. We couldn't find
any parks there, we couldn't find much at all. So that the public trust
t('" iJd_j
Mr. Brigham (continued): is to...of the bond issue was to provide
neighborhood parks. And under this scheme of things, the tax revenues
that would he Renerated by this and the savings to the City of Miami
should it be accevtahle of not having to pay what we consider the value
of the propeit:•; would -rovi.de for meeting that public trust. The public
trust is not_ ju9t. to the front yard but it's to the heart of the City
as well.. Now I�,L :;te 1Tv to dE7,onstrate on the questJon of whether it's
a good de,11 or rc', s-;rr1E' of tl)c following points. Tile thirty-two (32)
acres is borate` r-ti l h7-- on its-. north boundary and its south boundary.
The Bail Pniut rr(itrev is J.ucated right at tile south part of the green. And
as I say, a nn:-J t,r of month, after the date of valuation here which is
March of 197F, t';l:lt F=i ;l;t. („) acre, according, to the `iiami Herald sold for
twenty-thret !li 1 i , n t;ol; are (�23,0(_'00,000) . And 'i ask you if eight (8)
acres ill �`�ilrt;'+'il �':.11!«'1 (_'f t`.'?':iT(Jnt propert,, will sell for twenty-three
million dr 1:!r:= (:: n`. (l.C)Ot)1 0i,,- In the worl� can't it he said that
thirty-tv— ') ;tc rus C)i 1 1 !'('C:t downtown property I r- Unly coin; to sell
for four,-, en ; n,i 11 1 � mi i lior. dollars (S14,SOO,u00) . You can't find a
sale in downtowni 'ltnmi or, or off the bayf.ront since 1977,that has sold for
ten dollars t '=(1•')'; ) it:' all been much higher. Furthermore, the thirty
four million d Jls: ( 34,000,000) or so which is indicated to be the railroads
position !: tt': 'il'• Ct ht't 4,115t opinion but market transactions. And that
is at t-nc r f t;« ft;t r 6c.,l lads ($ 24.00) a square font. Ball Point,
I remind -cr" -. fight dollars ($48.00) a squr,rE foot. Let's
look at t'lc ;'errs h: ,!�::, V-rcperty which is colored in orange on the map. There
is six paint t:c',.r fi,c :i(-res th.Z•5) of property owned by the Florida East
Coast R.iilro;! i:",'.gin, the `•iiamj Her,ild Which I love, I read it
every n,:tr:ir,?;, ):.'. T the it for a variety of purposes:. But in November
30th, til1fY. ai`T,t:u, It s iys downtown land va'lt:uj triple in a years
time. Ycu 11tay rc.:e .her the article. It poitlted, inaccurately, I'm sorry
to Say, LL. Lll_ oil the north and Scuth Side of
h t t. i c
the Miami ell •; L r , l`t' - , t.y 1 3t I t v:as £i1.' _.nf i3b+'.11L l..'i,. OI1 the east
side of ^flstai :'t''_1 t.'( -.n Olt of it 1, anal scut'tl hank of- the river. 1,ut this
was the proi,crt �- l,i -i, ; ril..led in three (3) years and it's immediately
adjacent to the :c tl;i Frei' lit Hou(,e property. And the price that was
paid there wo:; >: r:' nt tnrre,..sj>: million three hundred ninety thousand
(6,390,000) i,,r tl.i, �- j'nint one seven (3.17) acres, or fifty dollars ($50.00)
a square ` -. , : h:,' lr ;. Now if it has tripled in value in a years time,
if we It ).i.r ',CL(,mudaLion� we're speaking about here simultaneously
on an everai l t'.:+: i !, h.it makes i t- attractive both to the City and to the
railroad, t.hei! it ::,.-,; take ve,,irs before this property would be acquired and
its value then tint be aifordable. The Butler and Segall property which
the City r,t ';l "urclwiSe.G tt: ;'omplete the Civic Convention Center, the
City of 'ii�;c.f rai.: one hundred and twenty-five dollars ($125.00) a square
foot for. St. C.'.i _t tie real:%n that- so much money is being discussed is
because tlitJ T li + i ('Wih-d :.s it had 3 right to do under ciur free -enterprise
and consti.utior.:,l syst,m properties that are extremely valuable. And it
is that whichh w,,t art, spe ring; ofNow, the other point I would like to
talk about, tht. sLme <:l)pr:!i-ers the- City used, they're splendid men, but when
the Feniiec'.' they offered the owners t',y their appraisal
one third of .:::,i was deternAnee, to be the market value. Four hundred and
forty thous-nd (.,C,000,1 in one instance and they paid one million four
hundred z�i,(; in ry (1 , 4»ii,000) . On the park involving; the City of Miami
versus W,)'Lfe wr,ert' l Tc'p1'P!;i'1lte0 the owners. They offered the owners
sixteen ih:'usinu doll.,rs ($16,000) and that was settled for two hundred
and fifty thou;4nc dc:llals (�250,000). So I'm not Lrying to here determine
value but I':r, ti:1i,g to let you know that the railroad has property of
considerable value- that it cannot afford, -and be faithful to its public
trust, to its stockholders of giving it up for nothing. Now, Mr. Frates is
reported to hi_vt_ slid in the headline of the Herald that it is illegal to
have there con6on,iniums in the park. If you read the article carefully,
it says that he thinks that probably is illegal. l%Iiat lie said at the
Downtown Development Authority, within my ear shot and that of Mr. Paul
was that fron. an ,jns6er that came from the floor that. the chances are
ninety percent. (90 ) th2t it's illegal and ten percent (10%) that it's
legal. I renpondrd that I've known him to operate on less than ten percent
quite oftro t;rl.? t)(' very SuCCC-.S ful With it. But what you need to do here
is make up }our vAnci as to what you want to do and then tell your lawyers
to find the legal ;.,�iy in, accomplish it. And 1 have given to Mr. Frates and
to Mr. Knox a case decision which shows that a condeming authority after it
100
Mr. Brigham (continued): acquires title by deposit of money may amend
the estate that's taken. It may even dismiss the suit altogether. And the
court has jurisdiction to allow that provided both the owner and the
condemner agree so that it is my opinion, one hundred percent perfectly
legal. Now that averages out to something like fifty percent. But you
know, we can deal with that. I'd be happy to deal with that. I think that's
a matter for the court as opposed to this Commission but the Commission
should decide what it wants to (b). It suggested that the business concept
here is not sound. I can't possibly understand that. As I analyze the
benefits here, in addition to the non -monetary benefits, there's a donation
of two and a half million dollars ($2,000,000). There are payments from
_ the tax roll when this property is put back on and developed over a fifty
year period of twelve million (12,000,000) a year if you don't inflate it
over the years of six hundred million dollars ($600,000,000). There is
the purchase of two and a half (2 1/2) acres for less than its true value
and the donation of another two and a half (2 1/2) acres which totals another
twelve million six hundred thousand dollars ($12,600,000). The savings
that you would make from having to scrape up, say thirty-four million dollars
($34,000,000) to pay for the ba_;front downtown property could be twenty
million dollars ($20,000,000). The moving cost that the railroad would
pay of its own expense to move the port facility would be six hundred thousand
dollars ($600,000) and the. ultimate developer is going; to be haying for
the maintenance of that park forever and the present worth of that is
four million dollars ($4,000,000) so for sixteen million dollars ($16,000,000)
the City gets at least si.x hundre(3 and fifty million dollars ($650,000,000)
worth of benefit, and if that's not good business, I just don't plain
recognize it. i'hc advantages though are that with this arrangement, the
railroad that does not wish to sell its freight house property can reach
this accomodation, tlii spoTt� arena complex can move forwara, you can have
a park. Now, is the eleven point eight million dollars ($11,800,000) that
the City is .isked to pay f:):: the property it will be getting a fair
value? Let's examine that fur a moment. The City will fc�r eleven point
eight million dollars ($11,800,000) get three point. six (3.6) acres of
the water in the deep water harbor and thirteen point two (13.2) acres
of land, or si-xteen point eight (16.8) acres all together. It is the law
that anybody that o%,i;s property that is under water can count that area
as open space in cor,puting the floor area ratio. And there is a recent
example where that occurred. But for sixteen point eight million dollars
($16,800,000) elevt.n point eight million...I'm sorry, for sixteen point
eight (16.8) acres eleven point eight million dollars($11,800,000) are
paid. But that's not all the City gets. They get all of the bay frontage
and they get all of the use of the property except for residential use. So
the rights that arc being taken have a disproportionate value and eleven
point eight million (11,800,000) is fair. I know Mr. Carollo at the first
hearing on this thought that maybe the City shoudl go ahead and proceed
with its condominium developer and sell it to a developer and get seventy-
five million dollars ($75,000,000) for the ten point eight (10.8) acres.
Mr. Carollo: Excuse me, sir. The point that 1 tried to make at the first
hearing was that if this was what some members of the City Commission wanted
to do and go ahead with that, which I am against, was that in this way
we weren't going to be making a profit. I could give this type of arrangement
that you're talking about now to any developer intown that would pick it
up like this ,sir. Because the profits that they would be making when they
put fifteen hundred luxuruous condominium units there it's going to be in
the millions and I'm sure you well know that.
Mr. Brigham: Yes. My point was, however, and I Hope you'll keep an open
mind until every consideratior, comes in here, but my point was that if
the ten point two (10.2) acres of condominium development would be worth
what you are suggesting it would be worth, then certainly eleven point eight
million (11,800,000) for sixteen point eight (16.8) acres that the City is
acquiring is a fair price:. If you say the ten point eight (10.8) acres
would be so valuable then surely, it is understandable why fourteen point
five million (14,500,000) is not an acceptable proposition. That was the
only point I was making. Now...
Mayor Ferre: Which by the way, you can't use in court.
1e1
ncri
A
Mr. Brigham: No. This is all without prejudice to what takes place in
court_. But common sense, 1 hope, will prevail. there as here. The floor
area ratio is a Ipnasure of density.lt Is five., the Omni is six, the Ball
Point if four poi.iit six (4.6), the, railroad ought to be able to expect
from governrnerit y_lal treatment ;-) that that density is not inappropriate.
But even sc�. there is thirty-t,ao ("Q) acres on this s;"te. The development
Will OCCLr '(1 d ,.%43.1lcr j'artien of lt:. If voli consideI1110 Ucnsity to be
the th,1 rty- i vil, ?,, rt `; wi l i he opuii space, then t1te floor area ratio
is not five, rirt it is two point on(, five (2.15) which is a very low
dells itl; . '11-o , it h :, i>ctn sugt;e ;ted, anti uncierstanda;)ly, that it might be
a rip-off 1'_-c.Ius,-c the piiniis is ;:;tint; Lo bE paying for l,tn space to the
north and sou,':, .,t Lhc deve lc'-uellt . But let me point ouL i rom the location
of that map that LhC_ thirty-two acre.as it was located prior to any taking,
was locate; wi Ltt tflc• public t>arlc to the south or i.t arld a public park to the
north ol" i:.
Mayor Ferre: Mr. brigham, I've let you go on now for about fifteen (15)
minutes and think out- of fairies now, there were five or six speakers that
spoke for almost an hour. You know, but I think if you would wind it up
now within the next tivc! minutes or- so, five or tell minutes, but no more
than that.
Mr. Briphar::: As f: i,is access roads coming through are concerned, they can
_ be mountedUGi 1K 1 i? .: drCilltC.ci Slliow so tilaC Ltic're i5 no interruption
Of Sur aCU _ ?:it'll. ith t",_; t , i.t m.i`: rna'kc a more inLol'u.5t lrig torrain.
CeY.ainly tf^,. 1,it_r('`-:f 1:iliil 1'•_lrk Witl, ii concrete ai ..Lin11'i is not as pleasant
as that. hi: ? .:l- ..r' Lll_ LIL' _s LeLLur servcd i:\' i:ill., b,,casue the
tax Chil la s tll,i'.: wo,lit' e'omU to the Ci.tV ant, LC tiic Count, r.11d to the school
Board earl bt: lit ti1N GIP::':; where it's n(.edC(? wheie no other money
as othe -Wisc be So ti),_ :uLure of the Cite• i:; served by this
proposltio:'.. The ....;r t,Cl"._.O': ,1, :: Di!tIl cre'ati%,e ill •v'Orkint; cut these
Which MOnt1 ,,raisers Restaurant
sits i_ts d:'n'. i r,rdti.-e t,•ay to where. the City wiil complete its acquisition
Of hay frOrl' i:' ., ._ 'Jrne? KtrN firea and yet in a way with pri\'ate sector
developri,'n' ;li l' ,..,kc it p.';:;sibic. That's wLat we're sugpzesting here.
we'-',? :y: 0: L. IL` property pay the major 1:Lrden of the
expense ?; rc,u is •' l.I;:,L i L is ;i }_ood idea to have a residential neighborhood
in this par'•: wihici-, think tl,err is reason to have. I•'r. Piurrimer was the
only c,%e that \;);x„ Lhc rL•solutior. to acquire this property because
he wasn't r:l:ri at th.,tt ti.rnt what the cost would be and whether the priorities
of the Clt ' i ! ; ir(. i i),l tilt r(� ord, would warrant this expenditure here
as to )tirier :r.:: nies. 1 taint: that is true here. If the City
simply t,rcceed:: b'it.?, ti,,z �,ltc.rriaLive opLion of going ahead with the condemnation
case, lettin;:'. a ;ur d;ci.Ct Lilt-
.1 }aloe, this property will be forever off
the tax roll bi-caust tihc taking, his occurred for a p::ssi.ve park and its
use will bt. 1 it:.it c•d to thiit forevcer. This is the only opportunity to
a.mc.nd the ors"at,. r 1l be=,)re the entry of a final judgment in the case. We
urge you in :.1:: i'!' t:r,t of the City, and in the self interest of the
railroad th,:t our mind:; ra:.'t hire cn a workable settlement, and we think our
proposal does thet. Thank you for your tune.
Mayor Ferri,: I ri�;i,t. now any 5tdtemct:ts by me: rrr of the Conmission
and then I vl—,uid hope wt cc,uld cic,se this public hearing.
Mr. Pl n,u-._-r• ''.r. :'ic.yci, I W`.il, even thoup;h n;v thought:: are pretty well
known, 1 kill il)idt� b} ti-e rul'.ng of the Chair and give the opportunity to
the public, it_ they wish, to sioak iigain and making decision at the
next meeting. i hove really no problem with.
Mayor Ferrel Further statements?
100
r r,
4•
I
�i.l B 1Ei= DISCUSSIOt1-U'NR'T.ATED ITE;i: CERLINO,�IAL T?t•TIES OF CITY
`tAYOri
Mr. Carollo; Yes, Mr. Mayor. I'd just like to ask a question of something
that Commissioner Plummer was expanding upon. He stated that the City of
Miami is represented by the five m.e mbers of the Commission. Ar!d I believe
he was trying to impress upon the Commission that there are five people
that are the ones that make the decisions for the City of Miami. The
five members of the Commission here. That is the City of Miami, five
members of the Coi!LTission. I iust wanted to, for the record, Mr. Mayor, ask
you if you are in agreement with that or not.
Mayor Ferre: I always have been in agreement with the obvious which is
that the Charter sayer it requires three votes of a five member board to
decide anything in t:,e Cit.y of Miami Commission and I have always worked
within that framework. T. also work within the framework of the statement
in the Charter that sa_:s that the 'Mayor is the titular head of the City of
Miami and functions within a special prerogative that always accrues to the
Chair of any board. A -A T function with that very much in mind. And I
never usurp the authority that is vested upon this Chair, fully
recognizing that it .;lwavz, requires three votes.
Mr. Carollo: '.r. Knox, s.nc(_ you are our expert in this area, our City
Attorney, this la!-t part that ti,e Xayor mentioned about the titular head,
just what does tine City Charter state on that?
Mayor Ferro: it.' called a ceremonial titular..
Mr. Carollo: Cerc-r„onial head, if I recollect correctly, isn't that
correct, ;•fr. Knox?
Mr. Knox: Yes, sir. The terminology used in the Charter is that the Mayor
is the Chief Executive Officer and ceremonial head for the City of Miami.
Mr. Carollo: That ceremonial head, what privileges or rights does that
-- give to the Mayor, if I may ask?
Mr. Knox: Ceremonial head has generally been defined as the official
spokes person on behalf of the City of Miami for official purposes and that
presupposes that the official action that has been taken has been authorized,
duly authorized in the customary manner.
Mr. Carollo: In other words, you're saying that he will represent the City
after a decison has been made by the majority of the Commission or an approval
been given by the majority of the Commission. Am I correct?
Mr. Knox: Well the language of the Charter...
Mr. Carollo: Okay, can you read first of all, the exact wording that the
Charter has and then maybe express to us your legal interpretation.
Mr. Knox: All right. This is Section 4 (g) of the Charter of the City of
Miami entitled "Powers and Duties of. Mayor". The Mayor shall preside
at meetings of the Commission and perform such other duties consistent with
his office and this Charter as may be imposed by the Commission. He should
be recognized as the official head of the City for all ceremonial purposes,
by the courts for the purpose of serving civil process, and by the Governor
for military purposes. In time of public danger or emergency, he may, with
the consent of the Commissioners take command of the police and maintain
order and enforce the laws. During his absence or disability, his duties
shall be performed by another member appointed by the Commission.
A .-t n
Mr. Carollo: The part about being the ceremonial head, can you give us
your legal interpretation of that, Mr. Attorney?
Mr. Knox: Yes, sir. Again, the definition of ceremonial as has been
generally used, is that th(_, Mayor represents the City of Miami at all
functions or proceedi.Iigs where an official representative of the City of
Miami is ral.led for.
Mr. C'arolle: Ukiy So there's nothing in that paragraph that would state
number one, that he Mayor has the sole power to make any decisions for the
City cf Miami.
Mayor Fevre: You don't have to ask him that. I will stipulate that the
Mayor does not have the sole poorer of making any decisions alone. Never
has had and :should nr:ver have.
Mr. Carollo: Especially when there is City expenditures involved.
Mayor Ferre: Absolutely. I: completely concur. and I don't think I have
ever usurper thhat right.
Mr. Carollo: :)kay- Wall does that also mean then, Mr, City Attorney, since
for inst,nce, and scrolls and keys to the City are expenditures
of. the City, that the Mayer does not have the right solely to decide who
gets keys and cctti.fic.=.tes .and who does not?
Mr. 1,nox: 1' 1 you a written opinion.
Mr. Carollo: "an ycu answer that at this point in a yes or no, Mr. Knox?
Mr. K:Iox: Nc '.ct;:.�_Iv, it t:ould involve an examination again respecting
the tradit enal and ihistuical acti%itic which are included in the
ceremonial funct:iou- �s c?escr.ibed in the Charter.
Mr.. Crack-ll ': " ._!,er V70TJs1 vou'tc saying thhat you would have to research
that f;?f: I'F 'ti ;(� c_.thswor Me. Rose, I was just wonOering, since you're
hercc, was totrc rc search done cn this by Mr. Knox for you in the past,
or and s'.:tcment;:} cn tc ,sou on th::t matter?
(INAUDIBLE 1!,.ACKGF,C)L1NJ COM,IENT PLACED OUTSIDE OF THE PUBLIC RECORD).
Mr. Carollo: There was.
(INAUDIBLi: BACKGROUIiD COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD).
Mayor Ferre: My understanding of that for the twenty-five years that I've
lived in this Community...
Mr. Carollo: I jest wanted, you know, to have that for the record that there
was an opinion given to you already. I guess the City Attorney forgot the
resc::rc'.; he pi evich'.hsly did. But I'm just, for the record, a little
_ surprisr.-d that even though 1 had the Mayor and the City Attorney in agreement
with mi 0:a, any expenditure of City funds has to be approved by the
full C(im,,ilssion and not by any one member of this Commission, least of all
the Mayor, that when agreed, can't give me an opinion then on these
other things we mentioned then, like keys and certificates. Go ahead,
Mr. Maycr.
Mayor Ferre.: Mr. Carollo, we're back on this public item. Is there any
further statements to be made on the issue before us and not on this
ancillary issue?
Mr. Knox: I'd just like to add that I will be happy to search the archives
of the City Attorney's Office- relative to the issuance of legal opinions.
But I cbn state, with pretty definitive authority that no legal opinion
relative to that: questions has been answered, or requested during my
term of office,
Mayor Ferre: All right, further statements...
104
D E C 171980
6
Mr. Plummer: Mr. Mayor...
27.2 CU,viL'.t';:D OISt'CSSICi,.-PL'BT.IC :'EARI�;G-F;;C PF.OPI'RTY
Mavor Ferre: ...as to the r.-,ain issue which is the FEC.
Mr. Plummer: Just a matter for clarification of mine and maybe some of the
public.
Mayor Ferre: If it's dealing with the FEC, J. L., fine. Otherwise, let's
close off the hearing, and then we can go on to the issue as to who can give
out keys and who can't give out keys. Very important.
Mr. Plummer: Fine. "To the issue, for my edification and maybe that of the
public, when is the second hearing scheduled for, Mr. Fosmoen?
Mr. Fosmoen: It's my intention to schedule it for January 22nd.
Mr. Plummer: Thank you, sir.
Mayor Ferre: Further discussion on this issue.
Mr. Carollo: One qui.:k Statement on the FEC Mr. Mayor. As far as I'm
concerned, there really isn't any additional need to go on with any additional
public hearings on this. Thc. only reason that I went along with holding this
first public hearing was that I would prefer to have it in the Sunshine
instead of having, n-,ore secretive meetins like we've been having in the
past.
Mayor Ferre: Fine. Further statements?
Mr. Plummer: Mr. Mayor, I would only request of the administration that in
some way that the rest of the Commission, Mr. Fosmoen, whether it's your
reducing to writing, an oral statement made to you by Mr. Frates or any other
statements that are pertinent to this which we possible could be making a
decision on at the 22nd meeting, that we the Commission be given copies
of those statements even if it was verbal and you have to reduce it to
writing...
Mr. Fosmoen: Yes, sir.
Mr. Plummer: ...because I think it all is a very important part of the
final decision.
Mr. Fosmoen: Yes, sir.
Mayor Ferre: Okay, anything else?
Mr. Fosmoen: Only one clarification. Perhaps Ms. Waldman will let me
clarify. She asked for a clarification on a statement made earlier...
Mayor Ferre: Would you do that in writing and give her a copy of it?
Mr. Fosmoen: Sure.
Mayor Ferre: Thank you very much. Is there further statements to be made
on this particular issue. If not, then this first public hearing is closed.
1�5
0
7 yc'r F:: :ut21•.l y '1 exj,16In number C, maybe we ,_ar; vote 01-1
le . ne wilo rE.que sts a res 'heduling of an item
within tiro :ram= i;ich pern?it us to notify adjacent property owners that
;:he ] ` ib 11c'•c t C'i11:E S .nd f ,r rescheduling.
Ms. ,T r,f'i Sti.ii_':'i.i,:' _:i _ , ,:learn rescherluliI1CI and would not, affect, for
came an(d ic-quested a deferral on grounds of either
ir;,lciec'i. <_•� l t. ,n`orm-ition or somethinc alonr, those lines?
:�: Y ;SII"f7.. ;'l.': i °... LCl Li!r apZ l icant whC) is rec;u,_st llrl 3 ieferr-3
WY udl permit. us to not .lfy the property owners
J red. Tf the ap: '_ i -ant comes in too
n� de c r
aciar:r,nr. F- rDpertowners t'ien Ore %-;oulrnot permit
d '1tt r:irl rll , `}"ir e : i U i e :;`-iiY 7 bef )re thc' ' ity L.L ,i'll� till n a!A at that
:h_ '.t1•_ .,".,.55�1,,.. :+:::lll:i 7Et%_'Z'i'111(' �, t_IlE? Clrclln';Stdn:'oS F%"?rmltted a
tor. I'1..1tin,cr. ' :r _ ro'.-Jeff, ith ti;at. My problem with that is I want
it ,�. c t: `, 1:. ; 3C tJi�'YB wP're circumstances
�?}a.raoz di nary
e'n l•.•cj i�.' the fee but I don't want It to be
a , n .,et it be known from the beginning that
then $_ !;: deferral.
asking whether or not if a member or
the ;r..1i ii� r:c ;: `_:.�_ �_, nt relusts a deferral would then that member of
tr1e „i ; _ he ; c ;_ •.I tr,e deferral fee. That is not our recommenda-
tlrn.
Ms.;�;1dT;,;;: t;ie queutions, and I asked it because in the
Frc-7:,;c ? } rcvide3 as part of the information to the pub-
,.. ,, ,,-i;iLes only to applicants. It just says
_ t!;ere is a be- .interpreted that whoever requests any deferral
iyht be ...:I :'t i _ t_. ,i�> fee and I would object to that.
_ ily ttte preroracive of the applicant to request a defer-
,i 1 wi thin, t:>i t.ilae I amts that we outline prior to the City Commission
Nummer is saying is if the applicant
cries r::.i<_rc :::,i i_,I: ra = gists a deferral that he automatically
�•;i1c>t]1i t:a: Tr ";�!: 1c. _. •,,,y '_i:� £cr.
Mr. Plummcr. ;r ...17. _ 1. , tYte cost incurred.
:,kiZ . W a 1 -,.,r ; . c,,i- 1-ea? : t, co ycu , and maybe I'm just reading it wrong.
het. me read ),:•zt a f ,w lines, and this is what is proposed: Zoning items
scheduled :.t heard J:y the City Commission can be withdrawn, deferred,
re5ci:ec:ui-c ._ �s set North by the City Commission policy. Items
t !: i_:cmini ssion shall be assessed for a rescheduling
110t tU exceed $500. It doesn't say that the
3pl>11Ca::C C�1 Mi1U is redlI(:.!'tinq it.
: :-x:•rt. , i ):. answer is the only person who can make such a re-
quest pri.::r t.; c.':e n!1Y`111,J is the applicant. An individual of the public
pr.1 ,1 tC. 1 .r: - •. 1:,', :;I:Gi IT,ake. such a request.
Ms. Waldman: but ti;]s is Ir:,t limited to rescheduling, it doesn't state that
it is limited to meitA y before the hearing. It says, withdrawn, deferred,
res'_heduled or denir 3.
Mr. Au-elic i#trt.:: c ay, an item can be withdrawn by the applicant at any
Point, ti,a, is :;]S J,1,.r"ogu1.LVe.
Mr. Plummer: TY.c,' is -'.e end of it.
Mr. Perez: k!-. .item: far, be deferred only by the City Commission if the re-
quest for deferral ;•ails within the time frame which we cannot tell the
6 9
public that the item has been requested for deferral by the applicant. Then
at that point we assess a fee if it is between 13 and 7 days prior to the
Commission Meeting. Seven days prior to the Commission Meeting we distribute
the material to the Commission. At that point it is set, there is going to
be a hearing and it is only the prerogative of the Commission to defer that
item; not even paying a fee will we take that item out.
Mayor Ferre: All right, I said non -controversial items, this is obviously
becoming a controversial item arn9 unless we can vote on it right now it is
over. You can make one more statement.
Ms. Waldman: If you just add in there, "This shall apply only to requests
by the applicant" then that would make me happy.
Mr. Fosmoen: That's acceptable to us. Commissioner Plummer has an addi-
tional point that he would like and that is that the applicant request a
deferral at the meeting. The applicant automatically pays the $500 fee
unless the Commission waives it for extenuating circumstances and I have no
problem with that. toe can add that to the policy.
Mr. Plummer: Add it and then I have no problem.
Mr. Perez: Okay.
AN ORDINANCE ENTITLED -
Aid ORDINANCE AXENDING SECTION 62-62 ENTITLED: "REQUEST
FOR REVIE'w"' OF THE CODE OF THE CITY OF MIAMI, FLORIDA
(1980), AS A,1ENDED, BY PROVIDING FOR A RESCHEDULING FEE
FOR ZONING ITEMS RESCHEDULED BEFORE THE CITY COMMISSION
BASED ON THE ORIGItdI:L APPLICATION FEE, NOT TO EXCEED
FIVE HUNDPZIP PC)LI_.ARS (S500.00) , SUCH FEE TO BE PAID BY
APPLICANT; v;:'iAI::ING A FEPLALER PROVISION AND A SEVER -
ABILITY CLAUSE.
Passed on its fir=t reading b_; title at the meeting of November 26th,
taken up for its second and final reading by title and adoption. On motion of
Commissioner Plummer, seconded by Commissioner Gibson, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
_ Vice -Mayor (Rev.) Theodore Gibson
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Armando Lacasa
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9212.
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.
107
0EC i 7 1989
7 P E E T
(I L 0 71 S
Mayor r-'ei ce (-)h 11, --s m
J be
:c,r�i it shc ul
M,r. 1, 11%,
announced tl,n a r ar,% the rates of Off -Street Parking, it
is T il,, p, ,r:.-. --iihiic rho wants to ,.e heard on this issue?
Hea, inr; r
ICH SECTIONS 35-92,
THE CITY OF MIAMI, FLORIDA
!i IN",; RATES AT CER FAIN ON-
OFF- S T RE E T PAREING
1 A: t7 )F
SAIP 0...
0*�R:J: P.ATE S
i 014 1: -.TAKI 16 1-11
FIX
SAID
E( A*
Fitilid FY 114 G Al' D CON"'IRMiNG
AND IT',�
FRO-
147 E CERT I I I L: CC P I ES
P' T INDEN-
AND A S!`,`,LF1%EIL1TY
Commissioner Gibson,
for an-t-t j.,7 wi,tli ihkc, zequirement of
reading sd—,- which was agreed to by the following
vote -
AYES: i o r , -1 L,r Joe 'aro1c-;
R. Gibson
Mayor Maurice A. Ferre
NOES -
ABSENT:
,nr-=i ssi oner III �immer and seconded by
sui.; ui,_ n,,n, t> by the fol lowing vote -
AYES: Joe Carol to
i. I.. Plurw.,,er, Jr.
j-,,:-iiyur, (Rev.) Theodore R. Gibson
Mauxice A. Ferre
NOES:
B S E W."
I N 'CE NO. 9213.
The Ca :,ie r)rdinance into the public record and
announce- % -viilablo to the members of the City Commis-
sion an -_7 .. I - , a;.;
ON RGILL Ci,1_1 :
Mr. Carol? ,:': -,(-% P.,,, fo,,;rth vote to pass an emergency, am I correct?
Mr. :.y11_.0 someone could answer a question for me before I
vote on 0.is.
Mavor ."� . I.,- there's a question for you.
Mr. caroi2c - 1.1 eh; ;-,�ve to ;;,L3_'ress ourselves to, and if so, would there
be any Mer%L,er cf tl_is C(Dimission, mainly this Commissioner
:1'. (Df r-hic-, areas of T-rais City every time
ask IF rte r
i`_111LI'�'(1�'. IJ14 '��jje C'UJ1tJZ11*LS that the
1 :, -. - - , � , -
Off -Street Parking A'_:tiority would have with third parties?
Mr. La Baw: There's no problem with that, sir.
Mr. Carollo: If I would go to your office tomorrow or call you and request
certain information I shouldn't have any problems receiving that?
Mr. La Baw: No, sir.
Mr. Carollo: Very good, based on that then I would give my fourth vote to
this now - yes.
_ 30. AUTHOR17E CITY ATTOPNEY TO ENGAGE DELTA SYSTEMS
CONSUt_TANTS, INC. -0 PP.OVIDE TECHNICAL ASSISTANCE IN
CITY'S LITIGATION CHALLENGING CENSUS.
}Mayor Ferre: I IR1 ht say that '-,uileus we ii0 like th1S obviously
our lawsuit will 1,ave very littiu base and this is something that we should
move on. We've (jot, to document cur lawsuit. Mr. Carollo, this is an item
that you wanted to move this morning, it is Item 9 (a), this is the litigation
challenging the curs ent _ecE_ial _ ec..nnial Census and authorizing an expendi-
ture of up to 110,00n to cover the cost.
Mr. Carollo: Yes, Mr. t•layor, I would certainly like to move it. The only
thing is what I m_ ati_oi,eci this morning was a little different that what we
have before us now.
Mayor Ferre: T}:is is the be•rinning.
Mr. Carollo: If maybe we can make Some kind of amendment to it, these $10,000
are all going to go trictl, to t1he attorneys' fees and expenses.
Mayor Ferre: No, what t;lis is going to do is to retain the consulting ser-
vices of Delta Systema Consul ants, Inc., as I read the memorandum on 9(a)
and they are gcinc to begin the h,rocess of making a test of 1.500, how many
units? To start. ,3o,_,n-ntin•j whether or not there is a •3iscrepancy. Because
you've got to start, y,�,u r;now, or. ground one and then work your way up. There
is no use having a full cen_c,s tar;aich would cost literally millions of
dollars, until we L.ave a basis for cur lawsuit End what we're in effect doing
is establishing that ir, 15 or 1,000 houses there are more than 2.2 people
as you point out living, that there is 3.1 or whatever....
Mr. Carollo: Cer.tair.iy, the federal government is telling us there are c,nly
2.2 per household and we all know that it is totally absurd.
Mayor Ferre: Precisely.
Mr. Carollo: All right, well, Mr. Mayor, I will still make tha motion for
this, the only tl-. ng would like to ask the Chair i-- that a"ter they take
that initial step c.ir I be infcrmed when they give us a green light so then
I can make artother motion fcr th i , Commission to allow .nc re moi•ey to be F,ut
_ aside for this project. As we all know, we stand to lose much much more
than $100,000 or $150,000 if it takes that for us to accomplish and win this
lawsuit.
Mr. Knox: Yes, sir, as a matter of fact, when we spoke to the representative
of Delta Systems we .re the ones who suggested this cap without further
authorization from the t:ity Conu:dssion, such that they could use these funds
to set out the procedures that they would employ in order that they could
render the assistance and aid that we want.
Mr. Carollo: Th,;t's fine, George, I ,juess what I'm trying to emphasize to
the Commission is that at some point along and what it is going to come to
is dishing out some money so we can get some people to physically go door to
door in some areas.
Mr. Plummer: Mr. Mayor, 1 as lropose i bef ore us will have to vote against
this motion, this resolution, ar.d simply because I think the terminology
is much too broad for the $10,000. It does not in any way delineate what
technical services arf . l:Dw if you w,;'.t t.rD t aSS it I will ':aT:-1)y to d0 such
With a full u:.avr_._v...._., . } _ t -
_ ..., c the er:.:cce,rt:,t _ . t.� �� i r;r, the
�_ t
Manager send us wht in :ho parameters of what is expected for the $10,000
and hearing no uhjn Link i i am Apy Commissioner he can si, it. I don't
want to impede ic rwt 1 think we :should have more delineation than we have
as to what t huy'r'_ golw� to do foy us.
!dr.. Carel lo: r ,..I' c cnt: a good point, J. L. , I have no problems with that.
Mayor Ferre: H.-r it dlre tly from these Delta people that are here, that's
them over t e i e , * .
Mr. Pl.umrit.r. `,,t's whit I would like to see, ;something In writ-
ing, what they pi op: s,_ :_:. o for t hp S I A, D00. I'll vote for it now but
subject to _: m, , at, , teinq supplied to us and no objection, go ahead and
Siva.
Mayor Ferre: Okay. Wo ;Iavo a motion and a second, further discussion?
They `ol;cwi"I .._._wlutian was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 00-896
A RES01ITTON i:I.i':HCRIZiNG HE, CITY ATTORNEY TO ENGAGE THE
PROFES "a!1NAL FONSULTANT SERVICES OF DELTA SYSTEMS CONSULT -
AU' TN'_. 10 ' RCV7DE 'I'YCMNICAL ASSISTAS 'E AND STATISTICAL
Pi..=`NN t_N FOR . ';3 ,:615 WTUivL LITIGATION CONCERNING CETA
r"4Z11P. , ANP Sw=AL CE47U: M; 'TERE INCLUDING THE CITY'S
LSE .;A 'N .,',:.LE'.:G ING TEE CUPi'ENT FEDERAL DECENNIAL CENSUS
ANP A';V,'- _.... I_ . AN i'riPz•N. ITURE OF OF TO S10,000 TO COVER
H ry 1 _ ta,Ay if ; e o: .tion, omitted here and on file
i 1 ._..r 7ity Clerk.)
Upcn }�_ � i_,,. C.orzaisssioner Ylummorthe resolution was
passed and r.. _ : o ! tV nhe following vote -
AYES: Canni.ssioner Joe Carollo
olnr ssior,er J. L. Pltunmer, Jr.
'Ji.�. _-Mayer (R'r✓.) Thecdcre R. Gibson
h:3}'cY Mauz ice A. Ferre
N,Ors : N':::• .
ASSENT: ; z. . n r = lr.. _ L.ubEa.
P, tARANCE OF MR. MASON LOI KA TO REQUEST
OF 5ZW WORLD CENTER. BI-CENTENNI4L
r:Gh.;A OF -HE LATL JOHN L.ENNON.
vayI .l yvr i T:_. I iqL , bir. come on up and tell aq What you're here on.
Mi.. xasnn 'i ,Lk you very much. Mayor Ferre, :'ice -Mayor and Father
Gibson, Ct a issicner and Co.,rinissioner Plummet , my name is Mason Loika.
My home .anaress is !0b N.E. 108 Street. I live- in the County, I do not live
in the 20y "f Miami, a live in an area of Miami known. as Biscayne Shores.
I'm here ,c., tonight tc bring up to yc;n attention that 1 think
is orobabiy 6n K: ice: yjur min6s, l Congratulate you lar goNg on with the
husi.ness of . W City tuI fight when We have the potential and the possibility
for Tare 071,; e in t hiF City. Each io the late eD's when I was very much
invaive.d w; _.,in ou than were going on and the lone hair and so forth
there M'ut 1 12 1 1 G 10 "g c Y 'hit uas 9009 r- q and it was "Stop the War".
Back t4i it Y+ :ask .,_Lac' to w,nr heads and he aCainSt a lot of things,
he against. nne ES.'.,:Li;ahmeLt. The Vietnam War just tore this Country apart.
Everything "Ibe u"t t: eru wns the system and we had to Say the system was
shaft nl: 'u 3. Ww t_njav we tuin around and we 1oDk and we've become the sys-
tem r.,.t ,n :' ,Ip ,I::s; n� : c came cry - "Stop the War" "Stop the War
in Miami' .:;.ej a .1 !!Oak again t Clack, "lack against white, Latin against
hlacx and wLnt •_ a � :nnt . la k. This city is in turmoil and the war is right
here in Miami. hr,ause of what has happened in this cortmunity, moreso divided
than any in any other state in any other time W ' hat this City
has gnLe t i ..� _ <.,'. t:haL some of the atrocitias of this year should be
Put tGC,ci: . , .. - " meti,C:Clt•s, J"e O the things that we should never
13EC 11gwo
forget just like the ,'Ew s will. never forget the Holocaust so as Miamians
who take this City and are proud of this City. There are things that
happened this year that we should remember ..:nd we should keep them so that
we should never experience this again and so that our children could see
it because we're Miamians, we love this town.
Mayor Ferre: Mr. Loika, I'm sorry to interrupt you, I've read your letter,
I think all of us on tho Commis: -ion have, we've been here all day, we haven't
broken for dinner, we really, out of courtesy to you I recognized you but
you've got to make your point now_ As I understand it you want to re -name
Bicentennial Park as Johr. Lennon Park, so make your point and let's see what
the Commission....
Mr. Loika: Well, what I would like to do is I would like to see the awful
memories of what we've experienced collected and put in Di -Centennial Park.
I'd like the park to be re -named in honor of John Lennon but I would like
this City to be a liv.i.nq memorial in peace to John Lennon, not so much the
park but this City because when death Happens something else .is reborn and
those of us why: thouglit that it was t';•: ystr_m that was _he problem now
realize that it can be ust as much that it is us that's the problem. And
we want to dedicate this City to peace arid we want to see peace come. I
_ would like you to r•,fer this to committee, I would like you to speak your
minds, whatever you wish to say on, this subject tonight and I think it is
extremely timely and I thank you for hearing it.
Mayor Ferre: All right, mcnL)er.s of the Commission, any statements at this
time?
Mr. Carollo: Just do as lie says, aive it to the City Manager for committee.
Mayor Ferre: No, net the City Manager, if you want to refer it to a com-
mittee it would have to ao to the :emorial Committee which we have.
t•Lr. Carollo: I've c,ot no problem, with that.
Mayor Ferre: All we wiil refer '".his to the Memorial Committee. I
want you to and rstan3 that 'h.L. C,art: has already been re -named once, It
used to be calicj Park, it has now been re -named and it is
called New Center and now this i.s another chance to call it John Lennon
Park. 'We'll se,jd it to the Memorial Committee and would you make sure in
sending it to the Memorial Committee, Mr. Manager, that Mr. Loika is in-
formed so that when they deliberate on it lie can appear before them? All
right.
Mr. Loika: Thank you very much. I spoke with Sandy Solomon and she says
she'll be talking with you about the electrician's bill.
Mayor Ferre: About what?
Mr. Loika: The electrician's bill for the concert which they had on Sunday.
Mayor Ferre: Oh, the one on Sunday, Yes.
Mr. Loika: Yes. 7h ey had 3,000 people in the park and no violence, it was
nice to see so many yucple in the park and the park being used.
Mayor Ferre: Okay, lax. Loika, and thank you, sir.
Thereupon the City Commission took a brief dinner recess
9
6 4
1 .. P! I a PA, �p !"rApj !TES S 31 AND 15.
�: i �, - -�Ainq Ow ayglicant on Item 413 was out of town and,
Vfa,rAl hod !men requested. Item 415 was deferred so that
'I .. % wii5sion Qn motion of Commissioner Carollo, seconded
by Commisaiinim ltocn �orn to defer items #13 and #15 by the following vote-
TYFS- '--. -7. C-110 ana Mayor Ferre.
N,J E,
Y i, - - , , 1- : 1 & wh ich has requested a do i n rra I Is the
ap! k , , V '1 11 - A V "
Or. YDur Eunor, my name is J"Fe Villalobos, 1401
innajf of Mi. Jose Diaz, 759 N.A. 51n! Court. The
lods;: . 4n,
1'7 fey a defrrral, yum honor, is that this in a replatted
pot jtoo: .
no n- 4G X 130 lot which is being requesLej to have one
duplax -u
Any, ".w lu U a icplattiny, there haw" to bL stud-
ies to Lm
.A! ny: r 1, which ire not i uadv yot. We had
cerrvi.;.
4jVO -- Lea �y ff tan;qw but inforrunately
they' rw %n
:tEy w. 'nai"fare, in's ihu first request b- the
va' r Fayl":
L.2 ct, n w thorn is a lady who has uenn patiently waiting
"Orc 1�c
afP7 Auverre! n3 let me ask her once again. She's
nt 1 L!,
;an nwm le heard Lanight so let me ask her if she would
ni"; 'wit . .
.s for a future Commission Zoning Hearing.
'01 DEN! 1 F: . 7 1 1" QWie not ready why do thpy have it put on the
AgMi . to;...
Mayct Petra: A!! the lady wants to know why you did not ......
0;1nLW!Y
hCped, your Honor teat we would have
had it
as 1 say. lots
that are to he ieplatted, this is
a 40
130 W,
wo M nvy,i - this. is
5,220 feet of cmisting vacant land,
this
in a wasTcA
..:meshing
is eane with it. We have 5,220 foot
lot
MaL 1". im
do r,va iBlue:
tes a study be done on it and unfortunately
we wore �A:jh
14- srujy was
not ready and would not be ready and
I
apaloyi?n In
it- Wy, Q was not
cn purpose, believe me.
3NA51=1 C Y� Q ; R�V �EL AUDIENCE.
Mayot Ferro- "ny ;-n'! yoa rume to the microphone and give us your name and
sy"ak InT we'll have ------
Ms. Gertrnn- T. 7"nrin; I'm Geirrude W. Toupin. I reside at 811 N.W. 32
%urt. Ws L the street catty -cornered from the land in question.
may I go Qwn_, bit
MAYOY Ferrv: wvlon't want you to------- because either we're going
to of ii c, v- — nm and there's no use getting into the merits of the
wawt_
Mr. cayol.c: Koo 4ver the tradition of the Comwission, Mr. Mayor?
may_r Fes !v: !"e "O""Gn unsal O is *fiat when PeOPle request deferrals if
they have o n; cva%L we grant the deferral unless there is an overriding
reason of wKy !"n jefalral should not he granted and it is a judgement of the
COmmiss!00- C-uallY 1 "culd SaY what, 951 of the cases we granted?
112
6 a
Mr. Plummer: Mr. Mayor, I would say.....
Mayor Ferre: Maybe 985..
Mr. Plummer: Yes, without question. Now, the one thing, Mr. Mayor, and you
will have to understand, sir, asking for a deferral I would assume that the
thing that was passed today will come into play, the cost of renotification
will have to be born by you, not to exceed $500.
Mr. Villalobos: It w,)uld be born by us, we understand that.
Mr. Carollo: i'Lus can this lady be notified--'
Mr. Plummer: Oh definitely, that's why there's a cost involved.
firs. Toupin: I hope, sir, that I can be notified at the right address. The
notice that we did not receive came to H13 which there is no 813. I have
lived at this address for 32� years. I have the envelope here.
Mayor. Ferre: Let's get the right address, would you put it on the envelope
and would you ci%,t i t ....
Mrs. Toupin: if t;.is `. .. not been by our re-,uiar postman we would
never have aot.-en it her-ause it was to be returned to you. I don't like this,
I get my tali blllc at `. l rl ,ht aG..ress, T-hr,y'`:e qoL the rluilt place going
when it comes tc t';r money to be paid in. I want any notices from the board
or from the coi-nlssion, please, to come to the right place. I mean it doesn't
look good.
Mr. 1)1::.-une r : Will y:..1 show me how you do that, and maybe I can get one of
those....
Mrs. Toupin: Rloht, J. L., I know what you mean, I want it on my tax bill too.
Mayor Ferre: Except you want it in reverse.
Mr. Plummer: 7've (jot no 1>rohler with that either.
Mrs. Toupin: Well, a:; Faz as I'm c:cncerned and if it is all right with the
other three people with me we will co ahead with the deferral but let's try
and get it over _hr :,cxt me L.ecause I do work hard, I work in the County
Court and it is awfully hard getting out here at night after putting up with
what I do duri na the ay.
Mayor Ferre: All right, thank you very much.
Mrs. Toupin: Thank you, Mayor.
Thereupon the City Commission on motion of Commissioner Plummer, seconded
by Commissioner Carollo deferred the preceding item by the following vote -
AYES: Mr. Plurcuner, Rev. Gibson, Mr. Carollo and Mayor Ferre.
NOES: None.
ABSENT: Mr. Lacasa.
113
To 60'171 PEI�.TAII�ING TO
t3ASED P.ES I DEINT I AL FACILITIES.
Mr. P1uiiLmei-: -. !'•.'; r woul..l like r ust entertain discussion amoung Com-
missioners i.c.:" to f u ] iv aerer ltem 7.
Mayor
Mr. i`I'L:i:;'<r: , ::,, _,1I Arnd the ieasOrs for that, Mr. Mayor, you will recall at
tr.( fat>t_ mF c.ttn rm.in,_ I.:'ina the cruciai vote to deny, I indicated to the people
that, i wa., tl;,.)114:11that, 1 might be and that I would give
,_I•er., thf� "o .:ore visit with me and convince me that I was wrong,
'-It . Ner"or, I am sorry to t-ll you as of this even-
7_Irq C`li 1 ' ni A recei%,ed a phone call from any of these
p^Ui i� 'v1;;1. 'i ..:: C:'c'} itt'P• - LrCim. the )cpartment yes, not from the people
M,,vk 7 l erne: We.� ! . Inay!:•e t'rley've conclude-1 that you ::on't hate an open mind.
trr. ,r: W :l. Mr ^'aycr, you fJkt,, r+, rill the time and if you can find
me the:' 17nuir,
Mavcr 1'.'rchat us:/ally when 1 find you you have a fairly open
r, i n, d .
In the center to Stop lt, is that what you're
in_:rcatinl'r'
Mr. C•arullo: a;I.er Girt" you all finding each other, if I may ask?
Rev. (:-� -",i: ;� _ r, arO the people here?
Mayor i'cr.re: Ye: , J 'r•. s•:re they are.
Re'.. -.. -•n . itic .3 , - t 1; ee their" hands.
Mayor i-corm: !•.'_1 r::?,:, ;s there anybody here who objects to Item 7 being
etc rr_ i. cr- _.. re tine people here from the Community Based
key: aentla' . ,_,c.i_ati<-;; Flax, why don't you or whoever is your spokesman, I
ll',
01.ay, even m, mother gets the two of us confused.
j,arry Foremi-,n, ti:e r';.(_•cut)ve Director for the Association for Retarded Citi-
zens. 3u rec�? :i ze that w _ hiave a responsibility to present our position
to ; c. c * )a i_:; k:c your cor.c(,l: n of not meeting with you, there is
only one diffic•lity i."aat :ari relay to you, it may not be an excuse but it
15 C :: L':`,:_ C•'a?'.^_ i:ziu s; )m_: d i f f 1 c Ul ty In collecting information so we
can ir,ta ll i .,er,t Ja :e our presentation to you.
Mr. Fl.ummer: t`.• ri so, i r, in my estimation that it should he deferred.
Mayor Fern. ::y'co .' nave any ob-jections to that? All right, there is a
motion by ro^rL: ;si )r rl.t:racer to defer Item 7, is there a second?
Rey.'. Gib:_:.: '_'m gc;:tiq rc .,_c•ond the moci.cn only with the understanding,
sir, J. ,,. :u::r:er ..iasl ._• c:l living in this community a rniyhty long time and
he said leas . ..rn: r:::t , he ::old you last time and at least if you don't have
the i nformat 1,.� tl.a' t::: n"r•C to present the decent thina to have done was
t:•_, _I: him an ; toll 'lira that. I think; we ought to say that to people here
be`ausc hey, r:.&r,, we'rt-, c;_.ir,g to be here until 12 or 1 O'Clock tonight.
Mr, rr;renal,: : thin;", issue, sir, we're asking for respect
for our
Rev. w,:i _ a !;.:r;L:tc. `i'i:is is on the agenda, Plummer doesn't
have to defer. I'!T sayi::g to you that, sir, and you and I are friends, I
tLink vcu need to . racier. stan(3 thv corrLmon decent courteous thing to do is to
Mn call hire arid se"." "Fiey---", you may ::ave lost a vote.
tdr. Foreman: ?'Ir 6 rruiCK learner, I 1)romise to do that in the future.
6
Rev. Gibson: All ri:.^. I'm a slow iEarner, as a slow learner I could teach
you quick learners sc;;, _t;:inr. Call. him, please.
Mayor Ferre: That's thn i-c-st one L've heard today. I tell. you I'm going to
have to remember that. Can I use that?
Rev. Gibson: Yes, sure.
Thereupon, the City Commission on motion of Commissioner Plummer, seconded
by Commmissioner c-ibson deferred Item 7 by the following vote -
AYES: Mr. Plummer, Rev. Gibson, Mr. Carollo and Mayor Ferre.
NOES: None.
ABSENT: Mr. Lacasa.
Kr. Carollo: Mr. Mayor, can we inform anyone that would like to have a full
Commission that they could defer any item they want until they do have a full
Commission in case there is anyone there that ----
Mayor Ferre: I have no obje,.tions `r, that. If anyone wishes to withdraw or
not be hear,l until there is a full Corr.; -,fission, chat is also your right. It's
not technically y-,ur right but_ it is your right as far as this Chair is con-
concerne' and 7 would so Yule.
Mr. Carollo: Excuse me, Mr. v.ayor, has that been just a tradition in the
past or a right?
Mayor Ferre: Just tradition, it's not law
Mr. Plummer: in the same way it is an unwritten rule that if one Commissioner
normally asks for dcfcrment to get additional information that's also done,
I mean it is v.nP:2-it<_.en but it has always been generally accepted.
Mr. Carollo: 1 sta:id ::orr,_ctc , I dust thoug it it was a guideline that we had
to follow. Thy:;�. u.
C!1��!. , �.�.'I,; f:C• CL•5�, 1 F I CAT I Ow OF APPROXIMATELY
�J1 N.';_ 2- %,V".N'JE FRO^'l R-3 TO C-2.
Mayor Ferre: ^_' il`e U__ I + em .
Mr. E. Albert Pallot: Mr. Mayor and gentlemen of the Commission, I'm the owner
of a five acre tract on L_- Jeune Road going from 42nd....
Mayor Ferre: Mj-. Pallot, we need your name and address for the record, please.
Mr. Pallot: ly nr>me is A] i' l]o riy address is the DuPont Building, Miami,
Florida. I've tecr, tt.e owner cf this tract as trustee for over 25 years and
all we want t_o do �,, tc cut the curb cn 43rd Avenue through, we just want to
cut the curb through. t� ha�.,e a lot 330 by 660, it's been ]eased to Holiday
Inns that are putting ul. a =•50 room h%te1 and so that curt, has existed there
as long as I've owner: the 1roperty. It's there, I don't know how it got
there, it was there ci:iginally and all we want to do is to make it official
that the curb can be cut and have it the same zoning as the rest of the five
acre tract.
Mayor Ferre: Do you have any problems with that?
Mr. Fosmoen: Yes.
Mayor Ferre: All right, tell us what your problem is.
Mr. Richard Whipple: Mr. Mayor and members of the Commission, Richard Whipple
Planning Department. Our problem is that we're talking about extending a
commercial zoning ciaE:sification to a street and the whale area to the west of
this street is 6,:v :loped aryl exists as residential deve.lol-mtnt and multiple
family. We fetl t-:, eYcend the zoning in the manner requested could do an in-
justice, it could be detrimental to this residential development. The matter
is just not just. one of a curb cut, it: is a matter of fact that the Zoning
Ordinance states that if you welt to use let's say this particular area for
Off -Street Parking that you must enter and exit from, the commercial zoning.
The applicants cannot: accept this, they feel that the commercial development
must exit onto 43rd Avenue into the residential area and this is our prob-
lem and obection and recommendation that this not be done. We feel a develop-
ment can take p1acA c,,.patihly with the existing zoning, c-4 and a small por-
tion of R-3 and, therefore, we have recommended denial of this item.
Mayor Ferre: C- 3 is right ::ext to it?
Mr. Plummer: That's C•-41?
Rev. Gibson: May I ask a question? Is that where that car place is?
Mr. Whipple: Wc�l, ;t is where it used to be, Abri;ham car place is on this
corner ri.,ht here. The applicants include this property that goes all the
way to Le, Jeune Road which I believe should be shown in blue and Mr. Pallot
ca;i verify that and the idea is to develop the total property and, therefore,
they're requesting that the C-2 zoning include this R-3 portion in the back
in yellow.
bir. F1ii:7mer: Wait a minute, I'm lost. To the north of the Abraham lot I
don't see ar C-4 designation.
Mayor Fur.r.e: Eu'., J. 11. , pull out 08 in your thing here.
Mr. Plummer: All right. Now, what you're saying is they want to increase
*ills to C'-,'?
Mr. V'hipple: Yams, sir, in yellow.
:,aycr i''erre: t4oui<: it be developed in conjunction with?
- Mr. ,illc::.: T't11� entire five acre tract is being developed at one time with
a 3�'J roc;,..te1. i':ie c.,.ar.,cter of that entire area is changing. This is
diaaonaily across, t.ne Xarr:iott is in there. Next to us immediately north
of it a hotel is acing then there is the Abraham tract where it is going and
Mayor Ferre: wait a minute, you went too fast, Al. Is Tony Abraham's lot
going to be rev_ 1: pe: as a hotel?
:;r. Pallot : A.c� to c ur's.
Mayor Ferre: Is th;t: a hotel too?
Mr. Pallot: 1 co:.'t !;;,ow what Mr. Abraham is going to have. At this point I
don't know Luf. what is immediately north of us is being developed also in a
hotel so the wh.>.le area has changed. Now we have the tract, there is a cut
in the curb t h rr� ,,ow that_ has been there forever I think and what we want to
do is t,> so we man use the entire five acres. There is an
S1Ei,000,v00 f,in<: , ai.d for by Holiaay Inns in putting up a hotel and the whole
character is cl::3r.ycd, everything about it and, therefore, we're saying it ought
to be the same ,is the rest of it.
Mayor Ferro-: No, it's nct the same because you want C-2, the rest of it is
C-4.
Mr. Pallet-. The same as the balance of the lot in the C-2. Now this came up
before the Zoning Hoard and they unanimously agreed that the area changed,
t.'ie hardship was there, the effect was in order in line with the rest of the
property itsolf ind it �7hauld be done.
Mayor Ferre: Aiiy ob ectors to this present? Anybody want to object to this?
I - Fc)sm7,cr.: t':. !,. yo.r, I would if there are no public objectors, I would
be cancerr,e� a gut traffic coming out of that development into the R-3 area.
I think the ieveluf rs should recognize that to the west of their property
there s residential development.
Mayor Ferre: Is there any way that they could voluntarily say that they would
not exit or. 43rd?
Mr. Fosmoen: No exit on 43rd or perhaps agree to a heavily planted screening
area or a wall of some sort that separates that development from the area to
the west.
Mr. Pallot: You know the GSA office, if you remember,
is right next to it
116
DEC
17
1980
and all of their trucks and all of the vehicles come in right beside that and
they have received a variance foi: it because they are d,,ing it and in reality
this is almost necessary to preserve the integrity of the area. ;here are no
objections, what is=scross the street: are some condominiums that have been
there but that is the only way ycu can operate with a business of that kind.
Now the cars will probably crime out Le Jeune Road b�.tt there ought to be some
way for people to come out the hack way sr, they go into 43rd Street and that
would help the situation and the whole area is changed all through there.
Mr. Fosmoen: It seems reasonable that cars could be limited to exiting on
Le Jeune and 7th and be precluded from entering onto 43rd, I don't think we
need to exacerbate a situation i`. it exi6ts.
Mr. Plummer.: You can't caet on 7th.
Mr. Pallot: We can't get to 7th, sir..
Mr. Plummer: The only ingress and egress could be on Le Jeune Road.
Mayor Ferre: Well, what is the will of this Commission?
Mr. Carollo: Mr. Pallot, if I may ask, what do you all intend to use that
property for?
Mr. Pallot: we're building a Holiday Inn, what's being built there.
Mr. Carollo: You're going to build a Holiday Inn there.
Mr. Pallot: It's alr(-ady leased to Holiday Inn.
Mr. Carollo: They ,•r.'ll build a Holiday Inn?
Mr. Pallot: On yes, they are building a 350 room Holiday Inn right in that
location which will improDve the property and they say they're spending
$18,000,000 on that.
Mr. Plummer: Al, the question has to be, R-3 can be used for conditional
parking?
Mr. Whipple: Yes, sir.
Mr. Plummer: All right, now the question has to be why aren't you using the
back parcel for parking and if such you don't need a variance?
Mr. Pallot: You need the variance to have the exit out of that, the cut in
the curb is required. Now it is there now and it has been for maybe 50 years,
I don't know how long it has been there.
Mr. Plummer: Mr. Mlayor, I'm going to tell you before my affirmative vote I've
got to go look.
Mr. Whipple: Commissioner Plummer, let me just say that what Mr. Pallot is
saying is correct, under Conditional Use, and we have talked this over with
the applicants, they suggest although cannot guarantee the fact that they
will use the R-3 portion for parking. We would go along with conditional use
parking. However, the regulations shy there shall be no exit onto/through
the residential property which is our prime concern. That is why we sug-
gested it should not I-e commercial zoning. We feel that the entrance and
exit should be from the commercial property.
Mr. Plummer: Mr. Whipple, you had 6 years and you taught me well, sir. I
don't always agree.
Mr. Neil Shansor: My name is Neil Shansor, I'm an attorney with Mr. Pallot's
office. I'm hanciling this matter. My address is 1504 Alfred I. DuPont Build-
ing. Commissioner 1,1ummer wanted to go take a look, I'd like to point out
that the file has ubot:t twelve photographs of the property. Let me just point
out a few things. In 1968 the piece or property just below the portion in
yellow was also R-3. 711pon petition of Anthony Abraham that piece of property
was changed from R-3 to C-2 and that piece of property right now is where the
GSA has its motorpool. There are two curb cuts there, you'll see, I've had
photographs of the curt, cuts, the day 1 was there and took those pictures there
was a huge truck unloading automobiles for Anthony Abraham's lot which is at
the bottom there marked C-2. In addition, them is a curb cut at the top of
the piece of property on 43rd that has been there according to Mr. Pallot ever
since he has owned the property and you'll see a photograph of a car coming
11
►
out of there and the condition that that property is in right now full of
pot holes and trucks c;oi na i:i an(-, out of it.
Mr. Plummer: Has that parcel, the parcel with the word "Jodie Sub", has
that been changed, has that back parcel been chariged?
Mr. Whipple: As .indirated, there is a GSA facility there.
Mr. Fosmoeri: i'he r,nswer i,I no, it has not been changed, it is R-3, I just
asked the staff and they, indicated that they don't know why they're exiting
and T asked ihem tcv find out tomorrow morning.
Mr. Plun it'r.: Ui.d Yin>'; cizcumvent_ our Zonin<4 laws?
INAUPI11J_J': %UM {r2v7:
Mayor Ferre: All rLrht, usually this Commission honors the request of a mem-
ber Of the C:>I a ssior, to go see the property to vote a little bit more intell-
igently. Nuw, hrive any objections to that?
Mr.. ballot: z ha%: .,c, kJr)-section if Mr.. Plummer.....
Mr. pl.u?rme; : T.e 1- ,ell y.�)u my )roblem, Al. Okay? My problem is
photo -graphs don't me the amount of traffic that that street is carrying and
that's wtlat' crucial here to me.
'".r . F'.i].lot : �'„_; i;nc. Have to have the exit to properly run a hotel of 350
rooms, th(_:r,� is .;vi:. tc have to be some of the trades people that are going
to Com!= ,,i. the gaests that come in and out or the taxis
and the rr'3t C ` t' t fl�r`r'' it- nQ1'.i.j to come out on Le Jeune but you can't have
the tradc-S i>�U (. ull.l 3 hC. 1E : 1: :Ominu in 5o we're saying make official
- what. has aired, "_',isheIC ;or, 1i could he as long as 50 vcars, and not
On,� }' is 1 t tc t l: t L;:r` tru.'t 1 ut It is 3n the other with the change of the
tI1L,t "are yolnG lli? beCallS@ the ;:arI ictt Inn has al-
ready 3nIiOL':,':'tr_: iol: to it next tc, i.t, north of It there has been an-
-, ` il:r. 'JCr dOI7't YnC'.ti' wat %12 /i}'.':?Iar is Ooinq t0 d0
and all "m ,, yl':a _'.5 1: Gfrl 'ldl j'CU can drive out bGCduse we Can park
there in -ace r 3a . ' : ti: zhe prese-it zoning but you do have to have an exit
and t_hc e:;?y .;,y a;, c,(;t a building permit is if you make if official so
that ca , :,
Miay,Dr Ferre: ;;r. Pa1i.,)r., in the interest of expediency....
Mr. Plummer: I'm n,,;. going to defer it, Mr. Mayor, I'm going to pass it on
first reading and between the first and second reading I can go and look at
it.
Mayor Ferre: There is a motion that this item be approved on first reading,
is there a second? what he's doing is he's passing it on first reading and
not on secorc reddi::r;.
Mr. Pli.:nmer: Which doesn't preclude my changing my vote can the second read-
ing. Mr. Pa11.-,t, let me indicate to you, Mr. Pallot, that this Commission
believes if ra<s,,d the property that you own is going to be enhanced financ-
ially cor:sicerr_it,l,: ,:l:d we been accepting volunteer offers and proffers by
owners who have tile; r property enhanced to help with landscaping the area.
I hope you wil? keen that in mind.
Mr. Pallot: wlti:c,ut a douLt. I like the landscaping.
Mayor Ferre: Well, you're the big man on beautification.
Rev. your line.
Mayor Ferre: s, I guess what Plummer is saying is we hope that you volunteer
some beautification o:, the property.
Mr. PIum,:ter: NO, the: area.
Mayor Ferre: Ail right, we're now on first reading and it will come up on
second rearing in the future. Further discussion? Read the ordinance.
118
,.
L.
AN ORDINANCE ENTITLED -
AN ORDINANCE i !:DIt C; CRIDINANJCF NO. 6871, THE CO!dPRE-
HENSIVE ZONIivG CG1--e1)!!1A SCE FOR Ti;E CITY OF MIAMI , BY
CHANGING THE ZONTi1G CLASSIFICATION OF W'LY 150' OF
S 1/2 OF N.E. 1/4 OF S.E. 1/4 CF S.W. 1/4 OF SECTION
32, TOWNSHIi 53S; RANGE 41E; UNIL TTI.b, BEING APrROX-
IMATEL'i DO1 N.W. 431--:D AVENUE., PRGir R-3 (LOtti DENSITY
MULTIPLE) TO C-2 (C'C P, Ii1T'r' C0M:,tERCIAL) DISTRICT, AND
BY MAKIN' � ilii: ;vi. '1,:: itr''i CHAT: CLS I,; THE ZONING DISTRICT
MAP MADE 7� PAR 7 --All�, P;C . 6871 , LAY 1"i:FER-
ENCE ANF, DE .,,, 1 PT L(D'': i.i A',.,' : L T 11 , SECTION 2
THEREOF; B': AI,:_. 15PI)INt'NCES, CODE SECTIONS,
OP. PARTS T:1EIJ'OF IN CONFLICT AND CONTAINING A SEVER-
ABII.ITY CLAUSE.
Was introduced b-, C'orandssioner Piurnmer and seconded by Commissioner Gibson
and passed on its first reading by title by the following vote -
AYES:
Cuecinissi:)ner ?oe Carollo
Commissioner J. L. Plu7uner, Jr.
Vice -Mayor (Rev.) Theodore R. Gibson
May.,r Mlaurice A. Ferre
NOES: None.
_ ABSENT: Commissioner Arn .,,3r L.a-ac;a.
The City Attorney react _iie ')r 3i.n.;nce into the public record and announced
that copies were availaille to ti;e members of the city commission and to the public.
Mr. Plurnnez: Na . i t _l; t, I "m ..is:: sir, it woula be very helpful
if you would surrt_:. r to ti: __ _` ; _ ' t e plan what you'r.e planning
and how you'ro 1 1_;nr;1;,c t;'' ,..11i:'c tl-, , 1`u <.ei prior to the rext meeting.
Mr. Fallot: I'( !_,' ve.}
36 245 N.�!. 11 STREET FROM
Mayor Ferro: Takt. Itf�:-. '), an ant,:iicatir)n by Elmer Parker to change the
Zoning from R t,, c4, the Department recominer,ded denial, the. Zoning Board
recommends approval 6-0. All right, the Chair recognizes you, sir.
Mr. Charlie Pappy: !?r. !.ayor an_,i Commissioner_, my name is Charlie Pappy.
I'm an attorric— at _C 1 A.lha r,brU Circle, Coral Cables. I represent the appli-
cant, Mr. Parke, This piece of rioperty is bordere] on the north by the
expressway and ,n the east L-y Le Jeunc- road. I think you can see it better
_ from an aerial pho--_car oph that we've ha,_here. The plans are to build an
office buildin:1 on that location which H•e think is the use that is compat-
ible with the as it is bei r,u developed. As you will notice,
we already have R-4 uc:j3 t :;t tc, this 1 .id. However, of course, to the west
side of land there ire some apartments - C-4 rather. There have been no
objectors, sir, at either the 2uninq Board Meriting or here tonight.
Mr. Plummer: wi.at is to the west, lots 13, 14 and 15A, what is on
that property?
Mr. Richard Whipple: Tht first lot is developed multiple family, it has 8
units, the second 1,t. which is L-shap<ed and reverts back to the west has 32
units, there is a sin3lu family directly on the corner which is part of 15A
and in back of that single family it is vacant. But immediately to the west
is multiple family.
Mr. Plummer: Mr. PaF:py, let me asri yc.0 a question. It is indicated that
part of the property to the east in blue is owned by you or your client,
now is it only part.? I can't make out that hand scratching what that means
up there.
Mr. Pappy: There is a piece in there that is not owned by the applicant.
UNIDENTIFIED SPEAKER: That's Econo Car Rental.
Mr. Carolio: In other words justthe bl:A- is ownec by the applicant?
- A. Q D Fr. , r7 ,,nog,
0 4
Mr. Elmer. Parker: That is mine.
Mr. Plumrnei : `do. �.l.uc and yellow. That blue is not the subject of the appli-
cation, that's aleady zoned C-4.
Mr. Parker: See, t.t:at was all the way through to Le Jeune Road. When 836
came thr:;.ri t. ot: in-.; frontage. I went before the Zoning Board, Robert
King Fiicth aqreed and the City Commission, when he was Mayor, that I could
use lots; 1.1 anal 1;: r business. I have used them for 20 years now for bus-
iness. I have my riicl humps buried there, tanks are burried and my pumps
above the .-ii ounci . -,hat had been my sod business for 20 years.
Mr. P1umrnet : Are ;you r-arkor
Mr. Parker: I'm E. L. Parker.
Mr. Carollo: Is thu-s being used now, sir, for a nursery business?
Mr. Flur"ner_-: F,� ,1.
Mr. Parker: , And I have driveways, both existing driveways onto 12th
Street and ;ntc ilt.h Street and they were permitted and they were given to
me by the i•tLy ._ir,.J I've been using it for business for all these years and
all we wan_ t, ao _s move our business somewhere else, I don't want to have
to continue b�,i:;ess the
Mr. Plurur. r . T;,i ,ar, is not correct.
Mr. Caro11;; ';r . il:py, what are those two lots, 11A and 12A being used for
presently:
Mr. Fappy: Ti,ey're vacant, sir.
Mr. a license there, I may have to re -open it for a
sod business an-3 sand and gravel and whatever is necessary but I don't want
to ha o t , t: i l c an -)f f i.rr? bu .1ding there.
Mr. Carol.;; i%.. ;.',t _t;ir, : it w ere you have some apartment buildings, cor-
rect? :jr_: r i :,: s tli stree. where you have what appears to be from
this aez : a, _ ;' .? -'i single family homes?
Mr.. Parf ,,: Ycs, e- r, and `.hat lady was here at the Zoning Board Meeting and
said she }lu.: r,c ect ton whatsoever.
Mr. Carc.i' Ti,is wi;c,le area, from what I'm looking at in this aerial photo-
graph, it :•,ir,.. like itis all either apartment buildings or commercial prop-
erty with ttie exccl..,tion o: a c ut:le of it seems like they are frame homes
that are t'-:e: , ir.0 I '.,;;:ald irna-lir-,e that those will be sold arid torn down
quickly a:: a,.;.rtmr,nt knits will be going there or something else.
Mr. Paipy: Yes, sr. C:f course, we. think the property that close to the
expressway ar:u to Le Jeune Road just does not lend itself very
well for The Zoning Board agreed with us unanimously
and the ru=i.g':?, rs have all agreed with us unanimously.
Mr. Carol? :: ?,re there any complainants, Mr. Whipple?
Mr.. wh-pplr:: ..mclainants as far as.....
Mr. PIumiier: Pr:ly t'Ze _,epartrnent. objectors, just the Department, sir.
Mr. Whipple: as fa:- as the record goes, no, sir. The Department is,
t,ut there were none sent in.
Mr. Pappy: ru, sir, there were some neighbors that were here and testified
for it at the Time c;. thtz Zoning Board.
Mr. Carollo: You r:r.c-w, they have a very good point, from looking at this
aerial pt:ctagraF:h 1 ;J!;:ld find it. very hard that any developer would put
some apart-,,ent hu ;sings the!-e because they are right smack next to that
expresswa.; '.i,Crc ar.(, the -u)i se there is going to be pretty intolerable.
Mr. Pappy: And that. expressway, of course, Mr. Commissioner, is elevated
in that location: which makas it ever; worse.
120
r,
• � .. 7 .y80
Mr. Carollo: Yes, well it's not only elevated but I'm seeing here that
you've got the twa L::.s co ir.q _,,yether here.
Mr. Plummer: Mr. Paj,pr, how high is your client contemplating going?
Mr. Pappy: The archi'-ecr, Mr. Koger can answer the question, sir.
Mr. Bob Koger: I'm Bob Koger, architect, 9650 S. W. 67th Avenue. Sixty-
five feet is the maximum mean sea level we can go there.
Mayor Ferre: Because of the airport regulations?
Mr. Koger: Yes, sir.
Mayor Ferre: well, I just want to express my personal opinion. I think that
this is a similar request to Item B and I don't see a heck of a lot of differ-
ence between one and the other, I see that follows in the same way and either
you deny eight and you deny nine and if you approve eight you approve nine
because I don't see a heck of a lot of difference.
Mr. Whipple: Mr. Xlavor, the Department did have an opportunity on S to ex-
press themselves anal if you wo_;16 like I'd be glad to comment or, the appli-
cation here. We feel this item should t:e denied, we feel that there are
alternatives to the utilizaticn of this property without ha,�ing a detrimental
affect on the residential area tv the west. As stated on one lhand it is
close to the expres.,,way but there is %ci access to the e>:pressway or to Le
Jeune Road directly, it l.as to b)u through llth 5t.reet, llth Street being
primarily a residential stre:2t. We feel that there are opportunities avail-
able through the transiti•na1 use of the Z-;ning Crdina:,ce, i.e. lot 11A can
be used for office is a sci:eme that has been suggested to
us in meetings with l-'ie ar.!_i c,a ,`_, it c6n be used for office development
in co:,junctior. wish 1-1 :_ sl:.E: :_ an_d perhaps then a parking situation, con-
ditional uL;e on tr:e lot, 1,"A.
Mr. Plu-mrer: i,at is is, `_C o '_0 trar:sition?
s
Mr. Whipple: hur..i!:e.i f yet , in other words you could use the 75 foot, 11A
and 25 feet of 12A for office, and perhaps conditional use of
off-street , r:i:,g v:. etihei .:i.ich would not necessarily be as detrimental
as a commer_ial zcninq on tihe property that is being sought. And let me
caution the Commis:.ior; that if :l,e zoning is change,] we have no guarantees
that it will h_o office cc-velotnent or whether it will be a car lot or whether
it will be a nursery or anything of that nature and for those reasons we are
opposed to the rezoning as requested.
Mr. Carollo: Can we stipulate that it would be changed......
Mr. Pappy: We have off(.rt•d to give them plans, we have offered to give them
a covenant, we have vfrered to give them anything that they want to the ef-
fect that....
Mayor Ferre: Mr. Pappy, I think if you would just make that part and parcel
and so stipulate....
Mr. Pappy: Yes, sir, that we plan to build an office building there. And
let me say one other thing. One of the problems with that piece of prop-
erty....
Mayor Ferre: Excuse me, representative Pappy, is that?
Mr. Whipple: Mr.
Mayor, we cannot
attach
conditions
to a change of zoning.
I defer to the Law
Department but
that is
what it is.
In other words if it
is zoned C-4 you
can have any C-4
use you
want.
Mayor Ferre: But they can voluntarily stipulate that can't they?
Mr. Pappy: Yes, sir, we could voluntarily have a covenant running with the
land.
Mr. Carollo: I don't see why not.
Mayor Ferre: Well, are you telling me that you voluntarily would have a
covenant running with the land?
Mr. Pappy: Yes, sir. Th2s is what we wars to dc, we want to build an of-
fice building there. 1*?.i rtc:i,ert} is I-- ;oc, for re-.,.ier,tial purposes
.Lea,
4 k
because of the high wall whic-h is the expressway plus you're right at the
end of a runway and wF_ can only build at the heighth that the FAA approves
and you know from a ,.t. id�_ntia] stan3point I don't think anyone would want
to live there.
Mayor Ferre: Al right, what is the will of this Commission?
Mr. Carollo: Mr. Riayo�r, you snow the point that they have made that no
one would want to 1 i o 1-her- with all of that expressway right behind them
is a very valid l _;i:r.. The only point I'd like to make, even though Mr.
Whipple is that they wcul have to go through N.W. llth
Street to uet to the-, , r1op,,1_t, lnorcinc; pit. t_}ie aerial mat, ;:er.e again, Most
of the 1)rupert y, i:+ _ a' : '-f the par-, of l lt_h Street: they would have to
drive through, it is t .hrr cor:M4217cial ur there are no resider:tial struc-
tures there tC :31et to thL'ir property. So I have no problems especially
after lie 1S C3C.111+; tr: V+:i11r,4—eer to put Into a covenant whet they're going to
use it for to Tic) ve *i;is.
there is a motion there to approve Ttem 9 on First
Rea c3i;;r;. is
Mr.-. pluamet : _ is .i, representative here, did you say anything about land -
scar i.r,,, f?r t:ie ..re._.
I - . Fanny: yes, sit.
Mr. Plummer: Yc:u will take that under consideration before the next meeting?
Mr. Koqer: Cs: the r.iar:s we submitted....
Mr.. Plu.:,rier: iu c:an't ur: ierstani, sir, the representative understands.
I secs n,i t},ce .r. T first Rca.ding.
i�lziyor Fe, r(:,: ;�1 witn L ,,th of those stipulations voluntarily granted
it has i.ee:: :)-_t: and cnd`r.. Further discussion?
Ah CFT',II A1''V:F
AN ORDINA14CE 140. 6871, THE COMPREHEN-
SIi'F:`RIDINANCE FOR THE CITY OF MIAMI, I3Y CHANGING
THE :,C:'; I ° ,I Lt+: S I F J CATION OF LOTS 11A AND 12A LESS THE
PORTI .N 7'7eKEI' 1. F Ct•; _R i�36; BLOCK 1; LEJI:UV'E GARDEN ESTATES
_ AMD (KO- :`_.? , Ey:ItiG APFROXIMJ-.TELY 4245 N.W, 31TH STREET,
= FROMR-' '- PENSITY IdtILTIPLE) TO C-i (GENERAL COMM,ERCIAL),
AND BY 1L_! I!:;; TH" WE'.:ESSARY CHANGES IN THE nDNING DISTRICT
MAP MAI:E 1, I':,k'i' CI' SAID ORDINANCE NO. C-871, BY REFERENCE
AND DE:-CP.II'I'101. IN ARTICLE III, SECTION 2 THEF.E:OF; BY
REF'EAI,1a;t- I:;:i_ GF'_jINANCES, CODE SECTIONS OR PAFTS THEREOF
IN �'�,t:i:'.'_ "i =i'.:D C�)NTAINItiG A SEVERABILITY CI.AJSE.
Was introdu t-(< 1 j C,;mmi ssioner Carol l o and seconded by Commissioner Plummer
and passed on its first reading by title by the following vote -
AYES: Commissioner ,Joe Carollo
Comanissioner J. L. Plummer, Jr.
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: ?done.
ABSENT: Commissioner Armando LaL:asa.
The City Att.crney read the ordinance into the public record and announced
that copies were available to vhe members of the city commission and to the public.
122
DEC ; r
_ ® 37. CHANGE ZONING CLASSIFICATION OF 1642-60 SOUTH
BAYSHORE COURT FROM R-3 TO R-4.
Mayor Ferre: We're now on Item 11, first Reading. This is the Gunther Steen
change of zcjninc; from k-3 to 1=1-1.
Mr. Kenneth Nyers: '4y nalme i.3 Kennet.h Myers, 1428 Bri.ekell Avenue, Miami,
Florida, attorney for the applicant. Mr. Mayor and members of the Commis-
sion, may I pass out something to you that I think will make this a little
more vivid?
Mr. Plummer: Let me ask, are there any objectors on Item 11? Are there any
objectors on Item li:'
Mayor Ferre: All right, well make it quick, Senator.
Mr. Plummer: Mr. Mayor, subject to the good Senator understanding that he
will be enhancing the value of his client's property, he will make a proffer
before the second meeting I move 1-em 11 on the First Reading.
Mr. Myers: we have, as a matter of fact, already donated 50 palm trees.
Mr. Plummer: A smart man knows wh_n he is ahead.
Mr. Myers: Okay, 1 was hoping we would get. both readings but that's all
right.
Mr. Pluner: You can't do it, it's not on the agenda so there is no way we
can do it.
Mayor Ferre: All right, on First Reading there is a motion on Item 11. Is
there a second?
Mr. Carollo: 1'6 just like to ask a couple of questions.
Mayor Ferre: You may, and I think we ought to get on the record what the
Department's -----
Mr. Carollo: Yes, that's what I would like to get, their reason for denial.
Mayor Ferre: Mr. Whipple, we need your comment for the Department's recom-
mendation.
Mr. Richard Whipple: Mr. Mayor, with very brief remarks, Commissioners, as
you know perhaps I can put it this way - the Department was requested to
do a study a number of years ago concerning multiple family zoning between
Kirk Street and Mercy ;iospital, the E-tudy was done, the chances of zoning
recommended by the study were submitted to the Commission and of all the
recommendations this particular area was recommended for a change of zoning
_ from R-4 to R-3. That being ac,:oniplished, the R-4 that you see on the map
before you, the segment there from the greer. on down to the right was taken
to court and the court said that no, City you did wrong, particularly on
this piece of property and ordered th,.t the R-4 be restored from the R-3
zoning. In dQCltlOrl t0 that CUP.1, C!:er,sivt2 Planlilr+j-wise th_ Coconut Grove
Study Comprehensive i'la,, has mair:tained a density and the intended zoning
as set forth and on t}iat b.3sis we' fc: i t we had to re:,oruiuna denial of this
item because th,,t_ t'o5 'JDaE;c-cd ulD-r: and what leave you not with-
standing the court'r- decisic:;. In otner words the 3el—rt_ment felt that
the studies and the :iecisior,s of 'he amr;ission, this one or past were
valid and our recommendation is 1•ased uparr the validity of the Commission's
statement at that taint-.
Mr. Myers: The 2ourt further ir,dicated that had this l.ie`c been in the
court hearing '-,e also woulc ha zoned it F-4. The only reason why it
wasn't is because t},,_fGrrrier owner didn't have enough money to go to court
&o it is really a simple question now of the Commission going ahead.
Mr. Carollo: What do you all intend to put in there?
F i r r,
4 4
Mr. Myers: Here is a look at the property, Commissioner Carollo, this is
the building immediately adjacent to it. They intend to put in a lesser
building, lesser in height, approxima!:el.y no more than 6 stories, lower
than the R-4 immEdiate1v adjacent to it.
Mr. Carollo: But to both sides of you you have R-4 already.
Mr. Myers: Both sides.
Mr. Carollo: So you're only asking for what your neighbors have on both sides
of you.
Mr. Myers: P.gsolut.ely.
Mr. Carollo: Tn,it's reasonable.
Mr. Myers: It was 14 for 20 years, as a matter of fact, under the Compre-
hensive Zoninq Code.
1.1r. Caro:t1c: Ali right. Is there a second? If not I'll.....
Ma,.,,,- Ferro: Yes, there was a second, you seconded it. Further discussion?
Mr. Plummer: Subject to the Senator making a proffer before the next meeting.
AN ORDINANCL ENI'I TLF.D-
AN GRDITWCE AMENDING ORDINANCE NO. 6871, THE COMPREHEN-
SIVE :;G:Z11NG ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING
T1iF: ZCNI12'' CLASSI_ ICATION OF LOTS 11, 12, 13 AND 14;
BLOC:: SUB (3-119), BEING APPROXIMATELY 1642-60
FR7M R-3 (LOW DENSITY MULTIPLE) TO
R-4 (1•:1-i)J'':•1. ..: SI I'Y NIULTIFL� DWELLING) DISTRICT, AND BY
W_J,:INCG 'i'fiL Ni.CESSARY CHA2:GES IN THE ZONING DISTRICT MAP
Mi DF n P .._ ;i. SA: D )_r.r)TNANC:'_; NC). (jS71 , B5' U.FF:RFNCE AND
DESLFIFT::-_0: I': 7-.'PTJCLE J11, SECTIOY. 2, THE'R.F:OP; BY RE-
PEALII� OR. NANCE-S, CODE SECTIONS OR PARTS THEREOF
IN AND .'C)NTAI;;I'NG A SF.VERABILITY CL. L'SE.
Was it try :.: e. by Commissioner P1urramer and seconded by Commissioner Carollo
and passed on i.t:- first zeading by title by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Arrnando Lacasa
Commissioner J. L. Plummer, Jr.
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None.
The City Attorney read the ordinance into the public record and announced
that copies were available to the members of the city commission and to the public.
.,Ul
0 1
38. CHANGE OF ZONING CLASSIFICATION - 2956 BIRD AVENUE
FROM R-2 TO R-3A.
Mayor Ferre asked if there were any objectors present who wished to speak on
Item 01. NO OBJECTORS A'PEARED.
AN ORDINANCE ENTIThF,D -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHEN-
SIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING
THE ZONING OF E100' OF Ni91/4 LESS S153' AND LESS E100'
OF LOT 10, BLOCK 2; EDWARD PENT HOMESTEAD (A-45), BEING
APPROXIMATELY 2956 BIRD A,ENUE, FROM R-2 (TWO F'«dILY) TO
R-3A (LOW DiENSITY APARTMENT), AND BY MAKING ALL THE NEC-
ESSARY CHAN'_]ES TN THE ZONING DISTRICT MAP MADE A PART
OF SAID ORDINANCE NO. 66"11, H'i I2i'1'}::kENCE AND DESCRIPTION
IN ARTICLE 11I, SECi'10N 2, THEREOF; BY REP._,A'LING ALL
ORDINANCES, CODE SECTIONS, OR PARTS ':'iiEREOF 1N CONFLICT
AND CON:'AIININ(-, A SEVERibIL1TY CI�USE.
Passed on its first. readiny by title at the meeting of October
30, was
taken up for its second and final readi.ncj by title and adoption. On
motion of
Commissioner Lacasa, seconded by Commissioner Plummer, the Ordinance
was
thereupon given its second and final readin, by title and passed and
adopted
by the following votc>:
AYES: Cor=issicner Joe Carollo
Commissioner Armando Lacasa
Commissioner J. L. I=lummer, Jr.
Vice -,Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None.
THE ORDINANCE WAS DESIGNATED ORDINANCF. NO. 9214.
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.
125
1b
11
39. CHANGE 'ZONING CI_ASSI =ICATION OF 600 BISCAYNE
BOULEVARD FROM C-?. 4ND C-4 TO C-3.
Mavor Ferre asked :i' lh,re were any objectors who wishes to speak on Item #2.
NO OBJECTORS APPE"ARFD.
AN i7. i�'ILED -
AIr' ORDTNANCE AN[ENDING OP,DINANCE NO. 6871, THE COMPREHEN-
SIVE ZOIJTNG ORr)INANCE FOR THE CITY OF MIAMI, BY CHANGING
THE 'ONINC, CLASSIFICATION OI' LOT 7 LESS W10' THEREOF AND
ALL OF L071*�� 8 THYU 14 INCLUSIVE; BLOCK 60N; MTAIdI SOUTH
HALF 51N AND 6n;; SUB (1--185) , BEING 600 BISCAYNE BOULE-
VARD, AF) FOT-1-O S: LOT 14, F1,,0M C-2 (CO;`L�1i.T'41Tr COMMERCIAL)
TO C-3 (c:EtJ'I'F:�?.. CC1*'}�RCIAL) , LOTS 7 THRU 13, FROM C-4
(GENFI2A'U CC?iMERCIAL) TO C-3 (CENTRAL COI-"1IE.RCIAL), AND BY
WAKING '.THi: NECYS:'AFY CHANGES ItI THE ZONING DTSTRICT MAP
t•1ADF A PAR,'.' OF �:''iID 0)-DINANCE 140. (8711, BY REFERENCE AND
DESC?•'.11'T1 "1,; '.I] ARTICLE ill, SECTION, 2 THF_P1:0F; BY REPEAL-
ING AL.' n; i::':,i':"'?;':' .'.. r StCTIO?IS, OR PARTS THEREOF IN
CONFLI17'1 C(INM-:INING A SEVER_ ILITY CLAUSE.
Passed cn its 'ii -t, readin,i by title at the meeting of October
30, was
taken up for its ec,�rd and final readi.r:j by title and adoption. On
motion of
Commissioner ;=ik.son. <-e:,. nd«_. ly `orr.;issioner Lacasa, the Ordinance
was
"Is, _ _ ....,. or.1 f i %,i l rt�a iir b it le ar,d passed and
adopted
by
AYES: C�mm�ssioner ,Joe Carollo
Commissioner Armando Lacasa
Commissioner ,1. L. Plummer, Jr.
`Dice -Mayor (Rev.) Theodore R. Gibson
*:aycr Maurice A. Ferre
NOES: None.
THE ORDINA14CE WAS DESIGNATED ORDINANCE NO. 9215.
The City Attar:.(-y read the ordinance into the public record and announced
that copies were available to the members of the City Commission and to the
public.
O E C 17 1980
0 6
40. CHANGE ZONING CL.aSSIFICATION OF 676 N.I.I. 27 STREET
FROM R-4 TO C-4.
Mayor Ferre asked if there were any obje-tars who wished to speak on Item #3.
No objectors appeared.
AN ORDINANCE ENTITLED -
AN ORDINANCE AIVENDING ORDINANCE NO. 6871, THE COMPREHENSIVE
ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE
ZONING CLASSI_-'ICATION OF LOTS 10 AND 19, BLOCK 2; EDGEWOOD
(S-105), 13EING 676 NORTH ES7 27TH STREET, FROM R-4 (MEDIUM
DENSITY MULTIPLE) TO C-4 (GENERAL CO'.1MERCIAL), AND BY
t.LkKINr T71E NECESSARY CHANGES IN THE ZONING DISTRICT MAP
MADE A PART CF SriID OF:DINFuNCE NO. 6371, BY REFERENCE AND
DESCRIFTIC; IN AR'TICLL !II, ZE�'TION 2, THER'r'r-F, BY REPEAL-
ING ALL OP.DINAN!:F•S, COIDE SECTIONS OR PART: THEPI-'OF IN CON-
FLICT AND CONTAINING A sEVER,APILITY CLAUSE.
Passed on its first rc_adinr3 by ti'_le at the meeting of October 30, was
taken up for its second and final rea.:'ing by title and Adoption. On motion of
Commissioner Plummer, s,�ccnded by Commissioner Lacasa, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Arnando Lacasa
Commissioner J. L. Plummer, Jr.
Vice -Mayor (Rcv.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None.
THE ORDINANCE WAS DESIGNATED ORDI, ICE NO. 9216,
The City F:ttornoy recid the c,rdir.ancc into the public record and announced
that copies were available to the members of the City Commission and to the
public.
41. DEFER=,MEND�OENT TO 6571 PERTAINING
PCDESTR I AN 0 'EN SP,%CE AND REQUIRED
PARING Itv SPD-1 DISTRICT.
Ms. Janet 'rJald nai.:
only to Claughtor:
and there is a lar
Now I have address
condominiums befor
not so much of the
tice of assigninc;
stands today what.
efficiency, 1 3/4
What this is prol,,,
size the unit. wh
space to each unit
if they are 3 bedr
parking which ever
second cars so tiia
or 3 bedroom has t
would be left over
high especially in
are going to exceu
is no place to par
that is why I object.
T`) GROU`.D LEVEL
OFF-STREET
tC pC i'.i.
Island, this is SPD-1 which al_plieso
g,, condominiur, in theee 2;
ed this Commission on the issue of pa
e and how there is a severe problem w
total number of spaces but because o
or:r space to each unit. Now, if this
is req.:ired is 1� spaces for each one
for each, two bedroom and 2 spaces for
sing to nc; is to reduce it to lea per
ii'this mtans is that they will beab
and they will only have one extra fo
001T, u;;i is . Now, these extra units ar
y Condominium I know of is snort of,
t if any firmly whether they live in
w or more cars they would have to oc
of only 1 opt of evtzry 4 apartments.
thi !Iigh cost neichborhood that the
1 for every 4 unity. What you are
k, essentially your second cars and v
..ut that this apl)lius
l to Claughton Island
h ee5 -1 anr,ed for that.
rking especially in
ith parking because
f the very common prac-
does not pass as it
bedroom apartment or
each 3 bedroom unit.
unit no matter what
le to assign one parking
r each 4 units even
e not only for visitors'
Lut this is also for
a 1 bedroom, 2 bedroom,
copy the spaces that
Chances are pretty
number of second cars
going to end up with
isitors parking and
� ran
4 4
Mr. Plummer: And especiui.ly this: particular project because there isn't just
a whole lot of on -street parking. Mr. Whipple, let me ask you a question,
sir. Could we nic:ii -4 _u be a conditional use or variance: In other words
I think what sl.F: i.s .,�.. i ny makes goo sense to this extent - that there are
some areas in wh.Lch th_: o:ould not be a ietriment. Al?. right, sir? But in
other areas .it would be and that then if it were a conditional use or a var-
iance this Commis i.or, c-c:ul.d take each individual case on its merits.
Mr. correct when she said that this applies only
to Claughton l.slan i. We are nut c:hanyir,y the parking requirements in the
_ ordinan,_:e }q.+. �ir. `PD-1 and there is only one SPD-1 District and it is
Claughton
Mr. Whiv,1,1e: T'.,_;+_ , -. ri<iht, i dces not amend the Off -Street Parking Section
of the L:uiir, r urdinant.., it stands as it i s as SPD-1 set out certain require-
ments ioI areal -- Islands and there has only been one island that has
been az>pl is 3 to. We a)(, amending the parking requirements with respect to
that )i-t.rict.
Mr. t= uJ m.er: Yc'i :aear, until Mr. Gould makes an application for Watson Island?
Mr. FoSmue:�: fh.xt.' is : orrect, Commissioner.
Mr. 1; 1 uv. e r : tit- li , r 11t2 Mayor won't .say what his 7 O' Clock meeting was but
he slid it c:-n behalf and the- goc,d of the City.
Mr.. ,di;ihl l ,:.::ass lout r, your sug(lestion as it only applies to the SPD-1
there is it -ally nc; necessity in my opinion to making it a Conditional Use.
Mr. PiuIrum!.: r: 1 :ti,l':J E;t�3n N)dt VOu'Le saying. So now you're zeroing in
that_, ir: T sc> !,i:: _ -,-ally a special interest because of a single appli-
caI-,t. i s :
Mr, p;hil'. lc : �,' Le art occ-aeior, for another SPD-1 District, another
islal;d lr. .. ,WC'Ver, you then have to look at the SPD �_ontrols and
rr_guljtlDI. : 1 4W113Ch c,0 }:ave to come before the proper boards
and the i7_ ;-1:' :rli>i']CI1S for rt.,vie'R an decision. At that time `hen....
since we're talking to only one project
that is pr':.pert 1, 0u lid:, f. resc:ntly he considered... .
'tr. VIIcin of the Zoning.
Mr. Whit: -le: ?,ii ri:ilt, sir. what would this in effect, how many parking
spaces wo:,lci this=,_:uce an this particular project? You see, one of the
problems of being around for a while is I remember when this initial project
not by these I -,,-it Others came before us, they were talking about
7,000 �:, i-zw it hay been greatly reduced since that time. Now,
what 1 �s how many are we eliminating by instigating this
ordir:ar: �e?
Mr. Whipple: Can I give you an off -the -top reaction to the question?
Mr. 1.111=1e, . 1 wu,:la I:refcr tr;at rather than, off-tl:E.-t,ottom.
Ms. Whit>pie .;oi-mai ly , it has been our experience that on high rise, high
priced if you will or high cost apartment units they usually average about 1.75
spaces per unit as a requirEr',Ient. Now, we're talking about 1.75 versus a
3 1.25 requested. ck: y. So it is a difference of a half a space per unit.
Mr. FIimune:: f'.I. t,ow r,any units .involved?
Mr. Whipple: We're talking about a project originally proposed of approx-
imately 1,0r,'0 snits.
Mr. Plummer: So you would be eliminating 1,500 parking spaces.
Mr. Whipple: out cr 1.75 that's 3,000, 4,500 out of approximately 6,000
spaces, yes, sir.
Mr. P1.=nter: what was the final conclusion?
Mr. Whipple. w ll, I _aid about 16,000 total required just for the apart-
ments but that's not the point, Commissioner, the point is we're talking
about an island which has been approved for a mixed use development -
office, residential and commercial and if there is any problem with
1 S 0EC I ? 1980
r
0 6
providing parkins, let's say that th, re is not enoucuh parking, what are the
people going to c3o, are they goin'; to park on the main land, walk across a
bridge to their ;:ondominium which rlav lie on down the line? We feel that this
is a special situation i•,Ist as the SPD-1 District is. It is self-contained,
we're relying on the that tr.e,• ilave done, we're relying on the stud-
ies that have been cone on the parking for Brickeli Avenue although we're
not as convinced in a lcng zar.;E program that this is applicable to other
areas. In this case we feel it is.
Mr. Plummer: How would this al>nly if any towards the commercial?
Mr. Whipple: There is I,o change on corrnercial, there is no change on office.
Mr. Plummer: This only relates to residential?
Mr. Whipple: That i correct, sir. And if you will reflect upon the
Special Island District there is a provision which does allow an office/
residential consideration.
Mr. Plum,-ner: I in,:lers' ar,d `_hat. But what does concern me is allowing the
developer to 1;uild 1,500 less parking spaces, now that bothers me out of
6,000.
Mr. Whipple: As a i=_ire number, I can understand it. but you must under-
stand the Special Isl:in3 Di.str.ict. You must understand the Development
of Regional irpac:t t},is Cor,-r:i=siun approved which says that if there
are certain tr; _ 11"vbiEms, F.iall: tia;fi:: cenC'ratlons then It comes to
a halt or there h,i e to be some charges :.r some modifications. For instance,
just one ex-i-mple, tile; are ii-mited to 600 vehicles per hour, per P.M. Peak
Hour on that bI i :,e ` i Lhey _n}, here close, or start getting to that
or exceed it t}:rougi: t},tir de, icl:I:;c:it as ti-:ey are ,leveiuping along then we
cut off, a I'^ E'.'a. ii`.1G:,, -3 cnan:.,e, pe. haps forcing certain other transit
consideratiur:s , as Y.:,r ing or t' dLt_ It or transLurtation - another
bridge, a fly- ver, _ tio;:• : w}..i'_ :;ut th use are conalticns which are
associated with t:'i - c k -1 l T'l:_t 'r: ,ilh is applied to Claughton Island.
Mr. Plummer: All = _, -et mc. adk ,you tnis ouesti.cr. Assuring they get
built and we allow the waiver of thcs(� parking spaces, it is found that
there is nov: a shor-.aq of is tl-,ere anything that car, make it
mandatory that they wIst provide additional parking or is the cat out of
the barn? The hop e7
Mr. Whipple: I would probably say the cat or horse is out of the barn
with respect to this district and this situation where it is currently
applied.
Mr. Plummer. I want_ to think about this one. You know, once you pass it
you're locked.
Mayor Ferr.e: Plummer roves that Item 4 be deferred until future consider-
ation, is there a second?
Mr. Plummer: The next Zoning Meeting.
Mr. Carollo: Second.
Mr. Cliff Schulmann: Mr. Mayor, my name is Cliff Schulmann representing
the developers of Brickell Key. If I might try to address Commissioner
Plummer's last cuestic:., I think it is an important question. I believe,
and Mr. Whipple can ,:cri ect me if I'm wrong, that each phase of this
project as it is built must come through the Planning Department and the
Zoning Department for in._�rernental review and approval prior to that project
being built...
Mr. Plummer: Sir, let me iust say to you, and I'm not going to belabor
it because it is for deferment. Okay? But, we have done, for example, in
many cases is waive the raving, we don't really have the problem with
that because we car: always go bark later and say Okay, you've not hit a
crisis, that which we allowed you to ke&p in grass we now want you to put
in asphalt l you're by water. Okay? And that's what concerns
me. Once we arant ±.i',is there is no coming back and saying to you you've
got to provide more. parking.
Mr. Schulmann: The only point I would raise in answer to your question is
that as each phase is developed utilizir.g this as a standard the Planning
Department has indicated that they would be reviewing the adequacy of that
�.�r
4
standard with each t` i:3se.
Mr. Plummer: Ai.,l .I ::itso •IiiRtirstand that this is probably going to save you
about a Sr}U parking spaces is just about a million dollars
it will save you.
Mr. srhulmanrl: i int _,rid Lc., clarify your point.
Mr. .1 j,:,1,1f, 3ir.
Ms. WaJdmon: I ; !,:t' ei point out that in a situation where an ordinance
is writ te!, so rl,-arrv:J: y t:i:3t 1_t api:l ies to only one development that going by
route of i r.i.l nanr:r:s cIs CIppcnged to a variance is a very neat way to avoid the
noticcr r _1;: ., o...?:t: e 1:uen, talking to this Commission about for years
that i_h• _i.ifol:med and I would just like to point that out
to tli,_' i_CJ `..'.'155iAn1. riv1i1:1 aiso like to inquire as to _Just in the event that
this :?i,.:ui,: ...ass w, ul•, it of ,.ct the `ievel.opnient part: that have already been
m;ur or only further development and
I foryot: t.hu 4.,1,1,el ;"}:i:,c; I was doing to say but I would certainly like to
find of t. al)c.ri . i; r it air, -lies to the building that is already substantially
U]I(ieI 1::•tl l,to cn(. s that have I -lot yet been - ch, I remember
the ...'l i 1 :"t: } ;nt i1U - is that a n11P11E'!" of these units both
in t.ht' .:I1-: til:. .., t.,•.it't .J-.St1-'.;i:t10I� and till'_ SUbsc-luent_ o;,es }lave been sold
ti_ I..VII-L out. tV the Coro iI siun tl,it the people
_ who b-u,::tt t ne;i, t iem Liii,3er the old rec ulations and tlicy should not be
:91thout nol-ice by an ordinance Such as this.
7rl. n, . yoii.
c:iln you show us the riap if you can, just which
bUi 1'.li!:<; 411 Yl'. . 11h
Mr. :�:,il.r_J•: 1" il._ 1 ut the :nap on, Commissioner, if you were not
presen *, -it Tt;C (.)I, Ova1. .. .
Mr. Crr_.'__ c - .._:t.
Mr. 4l,ipt-ie: 2':r: :i;I'.
_ ._Sti:ict, Special Island District provides for cer-
- r%.
gain yrocesses and what have you. one of these
pro ses>e: i!:�. iv _
c;;;.._tual Ilan approval by the boards and the Commis-
sion, whirl: ;c:r le. t
ir. ;>_ palt of the approval and submission in the part
of t}•,, :.. , .. .c
i-:';ahr ;: ; slat; i people there was phasing involved.
recci ved permiss--on of Phase I which is
the rower t.tl;at: .... _
_ ;,t 1; t.cr,:e i c,ff ar:d being compiettr.. Orl the island,
_ and t.:'!;e
thei e are about 7 phase!• inv,,Aved whi �h is all
i.P. ac;-or .. .... _.. .:..
.....•j•.,.t,..... F•iz:n: wr_rt: approve-, by the City or Com-
mr,i_ssio: I. ..at :1_.`
--illsubmitted on Fhose I met all the re-
qu-, r temc i t. Lnc I u::ir.c;
1..lrnii::j, :,f:;.!: sp:;,_e, landscapinc;, all the prerequisites
as sI. :i_. �:, t_?,_
:Ii,-. .�ist.ri<:t. ';Tiere is absolutely no question as to
the
-S iakc. I .ial Leidy corlstr`,,c'tec.. we would expect
the sa.*n.= :xr.:r .'.'yls r
.i: 51:I) for Phases :.' through 7 or 9, whatever the number
is wnic':: d() :'t ;'i=.v
_: f the top and they would meet these requirements.
If we c'3_%,.,P, t',, ?:.i
«^ nts ronight those approvals would he in accord
with i.'i,<:tt'.,:. !.., ,,;;
.:e'. w(,':e.
Mr. Cars 11 are we t-alking about exactly on here though?
Mr. Whil>l::le: lye ic• taikinci about ,he total SPD-1 District, Speical Island
1�i:;tri t whir:, his- l een applied to Claughton Island, Burlingame or to
Brickell Key, h j'.a•.vet you want to Lover it.
Mr. Caicllc;: 1'ra ,hole Cl�,uyhtor. Island.
Mr. Whir:l:l
My. Fllirrone:: Sec: t ayr _ 1 ',n bt i r,g repetitious, and I guess maybe I've been
arou:.d toc, lor:g, i,ut. yc u know I just have that fear when you lock that door
on me th&t I ca,:'t Uc hack anC if I make a mistake rectify it. I'm not per-
fect, cuntraiy t., i:!,e Mayor who walks on the water, this water don't have
any parking r;'rLe o,. it.
Mr. Whipple: 1 ,.nc ax atand your concern but I think I can relieve your con-
cern. . . . .
Mr. Plummer: You're going to have 30 days to do that.
Mr. Whipple: ..if we went. throu ciri IiL- Special Island District Ordinance.
l.lr
O E C 17 1980
Mr. Plummer: You're going to have 30 days to do that.
Mr. Whipple: Yes, sir.
Thereupon, on motion of Commissioner Plummer, seconded by Commissioner
Carollo, Item 09 was deferred by a unanimous vote of the City Commission.
ON ROLL CALL:
Mayor Ferre: Out of courtesy to one of the members of the Commission who
requested this I vote yes.
42. AMEND 6871 TO ALLO�J CONVALESCENT HOMES AND NURSING
HOMES Ui=ON "CONDITIONAL USE" .APPROVAL IN R-5
DISTRICT.
AN ORDINANCE ENTITILIED —
AN ORDINANCE AIKEENDING ORDINANCE NO. 68.71, AS AMENDED, THE
COMPREHENSi`:E ZOIdItIG OF INANCE FOR THE CITY OF MIAINII, BY
ADDING A :;FW PAPAGRAPH (G) TO SUB —SECTION (6) OF SECTION 1,
ARTICLE X — HIGli DENSITY '-iULTIPLE R-5 DISTRICT, TO ALLOW
CONVALESCENT HONLEc AND NURSING HOMES UPON "CONDITIONAL USE"
APPROVAL; LY AJi:INC THE NECESSARY CIIAONGES IN THE ZONING
DISTRICT SLAP MADE A TART OF SAID ORDINANCE N.O. 6S71, BY
REFERENCE •",ti , DESCRIPTION IN ARTICLE III, SFC T IO"? 2,
THEREOF, N'i PLi'LALii:v ALL JIu iNANCL',i, CODE SECTIONS OR
PARTS 'I'EERZI `F IN CONFLICT AND CONTAINING A SEVERAPILITY
CLAUSE-'.
Passed on it,- first reading by title at the Meeting of November 6, was
taken up for its s,_-cor:J and final reading by title and adoption. On motion of
Commissioner Lacasa, seconded by Commissioner Gibsc;n, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Joe Carollo
_ Commissioner Armando Lacasa
Commissioner J. L. Plummer, Jr.
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9217.
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.
43. AMEN.-; 7; ALLOWING AUTOMOBILE RENTAL. AGENCIES
UPON "CONDI"IIONAL USE" APPROVAL RATHER THAN AS A
PERk'I T iE'"; :!SE IN THE C--3 DISTRICT.
Mr. Plummer: 7t_ „en: '.o me that this item was sparked by a particular appli-
cation.
Mr. A. Perez: Yes, sir.
M.r. Plummer: ghat was that particular application, the location, no names or
anything:
Mr. Whiff p1 =: !T,�° . _, ation I believe is N.E. 6th Street and N.E. 2nd Avenue,
_ the Ramada 'ihure is an approved proposal, let me put it that way, for
a hotel fa,_-i1-y an: as an adjunct they would like to provide facilities for
storaat3 of ' r_•a� _ not to service them or anything of that nature, just
trprovide tt,:.. x; _i.nq, in their proposed parking facilities the stor-
age (.)f rerita'L �;a.rs.
Mr. Plurru,,er: .-�D w;:at I'm understanding, this is not the application.
Mr. Whipr-1c. ':'0, _:.. it is not,
Mr. Plummers�) if we do this it is on a Conditional Use and each indi-
vidual r-3se on its merit.
Mr. tSnippLe• I,at'� �or.iect.
Mr. Ylu:tmer. I.:, a:,I location presently pending?
Mr. iihi_=hle. '. r, tiiey cannot file until an amendment allows them to
file.
Mr. F'lur;,cr, c.,, , 1 as it is Conditonal Use I've got no problem. I
was just t•-y ic. emrcr.
A.'IENLING ORDINANCE NO. 6871, THE COMPREHENSIVE
ZONING FOR THE CITY OF MIAMI BY DELETING SUB-
SECTI'':d (r-:4) OF SECTION 2 AND ADDINT A NEW PARAGRAPH (f)
TO (8) , SECTION 2, ARTICLE XV - CENTRAL COMMERC-
Il•.L I F"II:.ICT TO A:.LOW AUTOMOBILE RENTAL AGENCIES
UPON " c;::; "i in:;,:L LSE" APPROVAL RATHER THAN AS A PERMITTED
US£ AND i i' TY.i_ NECESSARY CHANGES IN THE ZONING DIS-
TRICT' MF�' ::itf;i A PART OF SAID ORDINANCE NO. 6871, BY REFER-
ENCE AND DE.SC•I,I:'T10N IN ARTICLE III, SECTION 2, THEREOF;
BY N!_i',:T..I:.c; nLL U.I-,ItYP?dCES, CODE SECTIONS OR PARTS THEREOF
li. :.C:d£'L]C:': it -ND CONTAINING A SEVEPABILITY CLAUSE.
Passed o:, it,_, f _ a', ruadi rig by title at the meeting of November 6, was
taken up for its st::-on,; acid final reading by title and adoption. On motion of
Commissioner i;1_'t,s s:conded by Commissioner Lacasa, the Ordinance was
thereupon gi.vei, its st_.•cond and final reading by title and passed and adopted
by the follo,wi:.e vote:
AYES: Cc:-Lmdssioner Joe Carollo
Commissioner Armando Lacasa
Commissioner J. L. Plummer, Jr.
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None.
THE ORDINANCF W.S DESIGNATED ORDINANCE NO. 9218.
The City Attorney read the ordinance into the public record and announced
thatcopies were available to the members of the City Commission and to the
public.
132
DEC 17 1980
:P,
..44. C!-'A`GE�ING C!A` ',IrICf1TION -- 1901 N.W. SOUTH RIVER
DRIVE C--4 -1-0 k -tk.
Mr. Jose Villaioi; _.,. i�, 7C-; 'Jillalobos, for the record,
1401 Ponce -;e n,, % ;itlevari,1 .ablcs, rIcy ida. I. ara representing the
applicant, Mr. Gilrriri a'rl .I l :i:t t"h 1 ut tiie }!C ICl lii i.:l ye] low the item in
question. This is tract-. _)i 1.=m.! wl-J.ch is approx-.inately
Mr. Villalohos: i a; re:; r,.lrkE:d in yetlow. It's i,bout si:; loindred
and thirty (6V)) etc t cn t_lit ,.:,st. :,ic', fctir hu-iidred and sixty-t-wo (462)
feet On the bast SL,I:' aTld ii i c?}/pl0�-_Ui'�%tt_ly tD:t1 Illinc.rt'c! aR,i illile (209)
feet measured i or l total ci i ivc:... tt..o puirlt i ive_ (2.5) acres.
This lot according to a survey that we r'ontlucted has Several ... about
one hundred and eight 1,108) _rct-s ol two trees are going to be
affected by tl:'.s bu:, Piiw;- plar thot we would request the item
painted in blue is zcned R-4, t11.2 item painted yellow is C-4. We propose
a roll back from t_' -G to li-' which i" a roll back of i�.ost of the entire
item in here. Ace you can Fee, I'ui sliowinY to the board an item on the
site plan. T,,'s was socn in Li-ie "Lcaii.ng Board ai;d it was passed six to one
(6-1). Tht.re hos been a -Littl( liistor" abcut this particular lot. In
1972 there a pi-,pu_;A th;A w.i-i appl-,)ved iu rt•._, it-, thi.-> particular lot.
In 1974, there w is zii,otlher hropus.Il. 7lic i,roposi,l in 1914 was to have
this particular lr.c `Icl'.c three
:. i t ferent types of i)ro.it ccs. One was
ninety-nine (99) unl t:3 . : w" , k'c.: t i t'i \ l i re.otFiuLii-,lt , and thi:c there Was
a marina. At t_niit L1lI: , i_he Coml:ii,�s]Gli ov, rcurne.d Lhat and refused to
allow this. vr:e of felt_... that' tiie i974 propo-al.. And this is the 1980
proposal, wl�at wt,' T e ;:rmposing. Al-: yc_l can sou ,he _ _ _ at the time,
pursuant to this rt. .oiiin?• ;cc cl;i:, cat ion fur rezoliing here, the portion
of the front, Li.a:. •,�.)uid lit) Lilo :;ouL}ICrn front, would remain as I:-4 jsut
as it is lril,ht n.-v. 11-.1s l,urt-iun in tli; center in lit --Ye would remain, or
would be rollcG G%l::h i-io, C-4 tc, R-', to c.JnaLr'.i(:t T11rety-n3ne units, two
and three bedroou, Anci tl,r last part in '.sere
to remain C'-a tc t;n';i_ :1 rest.lur,r.L r l:�l t.,3I r.:,. I;1is pc)rtion iri here
in 1980, what_ we lit!, olit iI-e Lhi_ng so that
from the C-4, tiiu wi")1,_' ti .:ct: , tllc- ct;C pc int f4 vt-seveii (2 , 57) acres
will be rolle-3 h--- t, :,1i:;w thc construct. ion o)l one liundred units.
These one hi n, ;reu: ht' juliiieatA at> colldornl niunls. The
range of tllc. c,n:L-tn: i,;l .r., t•lould b,_ :i,pr.,;:imately sold for approximately
from seventy dol lays ($80,000) each.
We have ,it this j-'.,iut, SLYt'I::1- itt=il::i that WO:•'Ould to pass t0 the
Commission to secs. There were: three +-,) main objections originally to
this issue.. Them ;•Jertr, uur ber unc-, WLE-her or not t}lese wi-re the same
projects in ly% ait,l :971". As •;cu r-i'i See, ii i` 1? t t I t e :;'1me l'iroject.
And number two wits wlit.Lhor C,; li„t Cllt'r_ was a SOwk.:'i capacity in 1974
versus 1978. In 1974, there_ W. --, Study ,Wade Lhat there was no sufficient
capacity at ell;,_ L1'fl:_ ciu,- L, -no tC ;:._'rt' WciS L= C.,rz�Lc):'iUrl for the
entire County. In uLlicr woT tis , L`,t : e jas sui f is i t-nt ci,pacity as far as
piping was concerns-1, tll,2rt.., was not sufficient capacity as far as the
capability of Dade C_>>,ntl; Water anti to rt-comIlleni1 this. Would you
please...we h.i:_ .1' this, point from the Dade County Water
and Sewers iil w: it -in,,? to Ttt.i u., or li(-)L t:iin item they have
the proper pershe('Clvt_. 'it a '_ettor Jatf i October 20, it states
to Mr. Garcia_, "pur: ur.nt Lo i reque.=_t from your architect, Mr. Rodriguez,
this letter is to confirm tii.:t th,: Authority, Canteral District Water,
Waste Water Treatmc ilt "r'lant at Vi:,,,i ilia Key is not tinder a moratorium
at this time. We're operating!' 'lt this plant oil .. consent order issued
by the Department of ErVi0rTITTl nt3:l Regulation which lists certain issues
requiring complisr.co with the :.ut'::crity. It will bo necessary for you
to contact the City of of Public Works, to confirm
whether or not this water Lystem in this area is i0)ove the reference proposed
project of Olie '....n^red aj artl:u l.t:; is asequatt•. We contacted the proper
authority and the pr,,)l,er ;,.lihorit: detel-rained th.it this particular
project not 0111 , uuld }invi ,ine 1,undl't i'. • •`>:' the ',,ay, Building and Zoning
on this particular project of two point ?ive. seven (2.57) acres one
hundred and thirty-five (135) units cc,ul_d I; built out here. We have
rolled back fruw une hui,c red and thirty-seven (137) units to one hundred
(100) units in order not to adversly impact the area.
Mr. Carollo: Excu,t mu, Mr. Villalah-os, how many acres do you have there
again?
Mr. Villalobos: Two point five seven (2.57) acres.
Mr. Carollc: r%,ao p,,int i ivc sc• eii (2. %7)• And l:ow many units again
are you gciriw tr 133 Ll...J 1
v.
Mr. Carellu: Ch1E hundred (100) units.
Mr. Villalobos: According to the Building and Zoning Department, on
two point five seven arces (2.57) on this particular lot, approximately
one hundred an._i thirty-five (135) units could be built.
Mr. Carollc): knd Vil.t is the FAR that you'll be requesting for there?
Mr. ViIIal, ubos: I didn't. hear You, sir.
Mr. Caro Ile The ViiK that you;ll be requesting for there.
Mr. Villalc.i)as: We are a:,K.ing fnr one hundred (100) units.
Mr. Carol.la: Thc• ,,q',lare footage for each unit is going to be approximately
how touch ?
,tr. Villainhos: Roughly twelve hundred, sir.
Mr. Carollo: it; otiiur words, they'll be two bedroom units, correct?
Mr. V i I 1 ;: :;:
'�:, }`crt'.rr:lms one and a
half units. I'm sorry,
two (2)
bedrooms oIl,2 ;t;I
•lit (; !'') haLhs.
In the past, there were
two and
three,
::n,: eaci-1 apartment tl;+ d
two (2) bathrooms. Now,
another
issue ti:at .,• vc i... 1 .l �}+�th,>r (IT not the ('xistinF....:3nd one of the
cons icirlat. l )n cj, :i+t.' � }t:=itlr.c•n's were that whether or not the zonification
of ('-'a •wa:, li i 1i:31 t' ';li(! Iid\'(']"ti1v ,, i ect the neighborhood conSensos on
the art a. ; ,., .ra,n it.r : ,{ ;: i-cad to, that under the present system of
.Urty LhouSand... tWO hundred and
f4utage of building, out. there. We have
regL'i"�tt t' 1 T ut.i t 14,11i-11 t Ili(?11t an opinion, and tilt' OpiniOn t)l,3t came from
t
OIL ?p:I"t i:;t t ;_ ('• i S ,?hr 1 tin In}', f rom Mrs . gLISFtn Groves on
Oviler has been tryinF for several
ti done on this property. lsle original
applic.,'i(I11 !Ir?`1i'. At this time, they recemmended approval.
The ser :l< al t a i,• 'i Occurred in 1974. At that time., the department
was re ,it_;::•:1 of the zoning. The reason for that was that they
felt. tt.c. ( q,l•,�t. �r:rl the port.ion of the recommendation, "adequate
safeF',t 2r,! 1-c tnat. the development occurs in accordance to the
plans." 2'rc_; :(`:(" �c'ticel'tic'd at the time with preserving the hammock
like qu ' it is ? `+::t "ite. ul,sequent to 1974, ant specifically in
1975, the :.t;i, j it,- i. s placed in enviornmental preservation district.
Now this d(l i aye adequate safeguard to particularly protect
this area. Fii tl:, r quoting Mr. Bill Mackey, on October 6th, the Zoning
hearing,... t hel t' w,,:< <, ,al,c'Sticn of whether or not concerning the
capability ('f sewer system to serve the proposed one
hundr,.d (lt);ii +a:it tw,• bedroom, one and a half (1 1/2) apartment
building. i'hc t.` was t}tat question whether or not that particular area
could witllSt�:uli thc• iri; act of one hundred (100) units in that area. I
would liktr to s;t >w •;nu (net o: the portions of the sewer system that serves
the area. 1'It.tt lir•c LI t gl")cc; adjacent to what is called City Park, then
goes on to ltJct: Hospital, and then the other unit that's marked
In tltC i'Ulir Iec 1:, t':11':i. ll:: t p'I"Li_•ular portion of sower system is
tYl� one th.lt ii i , t:. ,ii; ( tiv our }%r(I_ject. k'ould you please slip to the
other one, }'+ �' :7�' i'{lC pUrtit)n c I the Sewer SyStElif that affects the
rest of t}- 11t_ ir,rll—ri InUi1 is the one, as You can see, marked. That has
nothiny, to o,-, t::th the u-: Ij Ititlg facility that: covers the area adjacent
to the City PLI IP, :tic- }I( d>;c, 2demorial Hospital or our property. Going
further, ;`:r. Ma, key stated that at that point the sanitary sewer system
still dues sel:,e the maximum number of living
units ant t}I:at u:ti he constructed on the R-4 zoning. So therefore, we
have uvE, c(.:x t 1•e ;,i cl,.lt c. not by i n t r e a s i n g any portion of the existing
piping, system ht'lc , but h,.y upgrading the Dade County Eater and Sewer
Divisicnn by being able to apply more treatment centers. One of the
issues, very vatid issues that were confronted at the time was whether
or not this area would be adversly itt.pacted by transit, by traffic. It
134
Mr. Villalobos (continued): is to note that there is only one access
route from 17th Avenue to 22nd Avenue. On a letter that we sent down to
the DOTT to study the impact, a letter dated October 17th, 1980, by
Mr. Jorge Garcia, dire(:ted to 1111r. Burnstein wllich is (rip of the authorities
on DOTT. "I am hereby requesting", and I quote, "as pc- our phone
conversation on October ]nth, a writ'_en opinion for the following; types
of project which are considered for block 5 coppingter's, Tropical
Gardens, also known -as 1901 N.W. South P.ivcr Drive in the City of 'Miami for
the A.M. and P.I.1. pea;. ']ours, -:nd in -cut, and otltbo'.]nd project on traffic.
The project number une...you see on page number 12, this is our letter to
the DOTT. The project- numbt.i- one tl,�it we proposed w'is this: we asked
the DOTT Department what would happen if we hale one hundred (100) units
versus what could h.]p1)el: if we would have the dove]opalent on a C-4 in
that particular are;'. tic asked particularly, number one, project number one,
one hundred (loll) ,,nits, two (2) Legroom, one and a half (1 1/2 bath condo
units for whicli we art- l,reseutiy tying: to obtain rezoning t,l R-4 in the
event that it f,ll]s, in tale event tl-,at it falls, going; to the present
zoning, C-4 project ! i,iber two, to construct two hon,ired and twelve thousand
(212,000) square feet. By the way, I stated before that it wa two
_ hundred and twenty \122f)). 1 made mistake. It's two hundred and twelve
thousand (212,000) � luaic ice-. On page number twelve of the items that
we referre,i t, ou tl,a: v,u in your posseEsion. Thy, nnswer from the
DOTT was this: littober 20, 1980- If we go out with cnc hundred (100)
two bedroom c('L,�es, the ill -cut, the Lutal 1^ the A.M. would be forty (40)
vehicles t-,a::.ic. J.-1 :l:c alteri,00ii, thy' same tittle ii] .ii]Q out, the total
would be fort•, cl:i(.iL� trci"iic. 'I't;e tWo hundred an,:,' twelve thousand (212,000)
square fete- (•ff lu _i~i - at that particular site would be three hundred
and forty-f.jur (>;+'}; �•ehirles in thL, „]orning and four hundred and seventy
nine (479) vt .-,t night.
Mayor Ferre: 111or, ll'w IP.i.:h lodger do you have?
Mr. Villalobos: V t lcrig- i;e have requested and obtained the services
of Henders::r,-,, an6 �ctiliy, landscaped architects and land planning.
We have out or n tct:_il of one hundred and eight (108) trees, only two (2)
trees that wil-, the Brea and that would indeed be suffering
from ar]v chrt,-. 2. in h(ce. Present is Mr. Alan Clari: front the firm. Any
further question,, 1']1 be happy to answer.
Mayor Ferrc: A,1 :iri:t, we will no,,; here from the objectors.
Mr. John Massey: ;:entle:]en, my name is John Massey. I live at 1810 N.W.
South River Drive, the vicinity. Pre vit,usl_y, I've handed each of you
a copy of latter. I'vt hir.hlightcd the salient. parts to this letter.
I'd like to point cut s:-verai things. One hundred' (100) representatives
in the neig=hl;orhoCelected me to be their spokesrian. Many of them
would like to h<:vc• 1,ecn here tonight but they could nut come because they
had to work. want L-d 11.0 to spuc:k for thee:,. Onc thing I understand,
Mr. Garcia, OIL' 111plicant, is not the actu.31 owner of this property. He's
agreed to purch;isc the property and plans to use it for a purpose different
than that of the (:•:i:;tinh cnin". Nothing has changed since 1972, 1974,
September thu 1201 %? :hen you tentieme,, three (3) of you were on the
board at that t.il;,(-, and sent it back and saiJ that the zoning
was not to be change_'. In fact, quoting; from your statement at the time,
one of you said the ,art"! t:lanchv_ rezoning. from C-4 to R--4 aIld enable
a builder to do any t:ting, lie wanted to do wit'tiin thy confines of R-4
zoning. He would ncc be restricted to sketches and models he had shown.
Another Colnni:'sior: said we l-.ave enough concrete jungles in Miami now. The
Commission instruct,d t1.e petitioner as follows: Do not even attempt
to get this zoning; until you make a full study and submit a planned
area dvelopment thst will lock tl,c project to an exact construction.
Mayor Ferre: N) . Mt:sse,,, wl:•]t year was that?
Mr. Massey: i't,at was 197'", September the 12th. It's in the letter that
you got there, sir. And 1 think that last statment, you made it, Mayor.
That's a very positive statement. So the letter that I've given you
highlights certain parts. The only change that we have is a different
person applying for the zoning. This applicant has executed a covenant
--- 135 DEC 17 1960
i
Mr. Massey (continued): running with the land with the Planning Department
about the sewage hUndling facilities. If the sel.er is r-r critical,
why would i iw l'uhl ,. 'works Department waste their time executing a
covenant t.0 rt_fo-uh t t:ht' ficw? They're being limited to one hundred (100)
units, une a 'n,:ti 1: t'n units. 'There is some conflict in statements
that were i7.'- f t• i}; +i) yt'•ir ago. I happen to have some xeroxes of those
I'd like t'' lmz �w,: < =it t h; s Lime. First, T'd like to point out the
number J' lint l'Il !tl t (;r,' itfll }iatf' ':7lllillt ' t-llat hive .lndlcated Lhat Ile
_ are ciga1t151: 1`; } : ji'<.1 :.ov, t:}it',: talk ribotlt building a commercial
_ bllild}ilr 1)1E !t i !!I.t l:. would wcicone an office buildin}; comparee, to this.
0ffiC'c' j)+t]IdL1) ., rill. I! t1,,P trBF{ic. maybe heavier in the rporning and in
_ the eveiililt;, ru rtt t :_'i,l ;,,.1,.;}1 the whole_ dci.• and then throtll;h the night.
We.1.1 this l•'-l: r. ..;:t'i: I'uti .,; nilIY wa= bC,i-nr, changed fl-om C-4 tc R-3.
Mr. KeE'}i;-111 .,',tt't ..;ic l:i't)i'el"L\' at that time, and lie's in the Ioom tonight.
There wa:, ;u+ ::1;','t'.: i t ht Cit c C or=ission and it was Sent b;1ck to the
Zoning 3r;i:t} isitlerlLfen. the Zoning Board} voted to send it back
to dl�fer .� � l;;:s+ ., +�'„ t`.. 11r:arin�, on sewer eapacit•:. I1er�-' s a letter from 1-11:. i'r ti- �. t; li'`.}lt,vil, at thy' time. Notice tll'? part (lumber 4
It,,rlfli; td:ntr01 has lII}:OSe'.t! .S l`illldltIg
mor.aturiur:,. ';I {Citel:c�in that'-, bei.-n hrouKht lip tltt: ai)piicant. That
is Ili)' thL' l: V•P t iii-nt:C1 Clown on. It wjtF, trir:it C dcwn because
there ...., !1'-. Float.1 the f 1I"[ t p;1rt5 ul) t';lere. 111e
st.r.'in}, this areci was vet rc.Signut_i, it does
not {l.:'de '.t .i'lt:a? '< }.1!it' _•) ;iC.-OliIC'tii f tile addiLicnal- flow. The
det'EllOpid �.:it + :li\ `j. ULPC't;;' rlill C'. (99) Unit Iipalt_Lient bundling would
;,11t:wed. rlik2ii read number .i. if
the Lt.) an acceptable :l(2vel , in
re.Cation =t'•, : _ !,t:i11'kC. Lill :.'n1ilE S}Siiulti be Sucli thin tile. future
developuiE a rtt'. it'd tl•;lt unless approved by this Jepctrtr:ent.
So the l'..7•!.. t: rt;i: .l;.it wr ila IP.oratoi iulli bc:i.nuSC of our
r!�I. till' reason tl:?t l.n`; t,,iined down at
that tc'rnc ti. lic•re :jail:, it_t ni number 3
iS tht: 1>ar; L+i IL ;'rI,iii the 3 projects.
But this, 3 . •cl., \',_. %id'JtrtiSCtj and brought f uic.It, thV Zoning
Board. it ,._ r: i:, ;i' ; er the fact in case tilt �, rt. LI ?n' t ) et a
comp1eIt I'e. tt' rl that Nr. .'arks... this iS writtun by Mr. Mackey.
The i :- i t -0 ; ith tht: i)roperty for ;-iiv d(_'vc irrment confr)rming
to tell i'.. j.-,. .!It• . 1.-{!t S1_ jni`, IS just the llli-nt1Le: front nir
tileetini- 1,';...'. 1: itir!t Ctt(:ill: Zorling, the Zoning l,u;ird dc,nied zoning
and •jc.!l! �-onC. It It lt:k ag.:in. I'd lil:C'. to n;3vc the plat
plot- of;lit. ('l,t Ie:: ;.if l:ii..l'i1:1l1Slalldini; 1 Lblrtl: ill th.- other nl6lit at the
Zoning. Fe;ltt: ., c-tin;;, :h.' ttiI pre,j) iL; j,lst to the test of C-4 is not
owned t 1-Ir..::c ,.1:,, Lt;e property_• ai)utLillg C-4 is owl:ed 1>\' .ir. Creight.
Now LC,,, :t j::: i il! t '"C_;_Ofa'd a:1d 1-11 ld the( r arle hud^I oc apartrlle•ilt
units, wi,:i- i 'j,j _a. t,. ";1 . Crciglit if hc- wants to .cc�t :ii:, rer.oi-ied. Will.
it be r n;' re<:.: <:: i ,-or him: being an engineer, I recognize that
you do l:uijc l'. -_ witll ,l reserve cjpacity. We built t:lectrical
lines wit}l ri:: t'r c.ip:: t i : , we have air conditioning, with reserve capacity,
but Lhc% I C11'ergen,,v not at, a icl:,ular type activity.
_ 7'1E ]...'Ji.:"i)ti'.,.C' •'i,.. .-.3?"t tl Jl 1112 1)1"C)jt(', down uii:inirioui,1ti. This is
in conf l `.,!. l:ll}i ;}it' t'U\Ci,1; li",t tllat'S been v`.t'c't1Led with the Planning
Departmt':it 1_c {it':i•_. ck;, jigoject. As far as parksllt,, 1'\'t li ' SPi'n cinv
agar:rien i I ii ' i.::: ; tr s t he one point seven ( 1 .7 ) nunrbc r of cars .
Normally �',t tl.:r cars, you've pot a number of visitors. It should
have cue r,,;u,tort.1 .-uu sev,.rity (170) parking places, VOu'ti }lave more traffic
and hu':C, ,1 1C,L '? l%tt;t).•.r }1.31-iCint; lit I11311}' OC11Gr j)drkl.Ilp areas. one
thing thrlr's :tat ht:!L:i1 } roul.ht out that is of great conccrll to the is the
possil,iiit • cA fire- in an-,, of these areas. And this is on the glide
path t•i ai 1 .:4:,11! ci;'Cl here volt have Fi br I r,C Yotl have another
EnCYaa'tit--•'•'t': i 2!`tid Avc,nue. 1 understand t1tCir %':1s z.. fire. at. Allied
Marine rtcc:l.11 :it;,-, i; Gas 'Jc'YV oiificult for tlic tirr l)t:'partt;iCnt to get
:tc'.•r_+phic evert happen in this area in a high
rise aj':':r{ t!:d t:.. C',+�'.lt' L}:1t �nl till , ari:a t.:i`illtl 1)10; k the I idS,
there' wcul,! tc 1,,,+ fc,r ;teuplc to get in and take care of getting the
damage is t -.lt l.tnc 1cmuii, i a t I 1.t�ultl like to recoiamenii as a
= spokesmcln f., .iS Ilue,)er one, that uu maintain the C-4
zoning. b,t: t,Jt_tu?d 1:t.7comc an offict building rather titan an apartment, a
condoainitlr:, cf the size proposed. 0r change the zoning, to R-3 as was
proposed ir1 19;'• Or lock the l.roject into planned area development
136
ist
kU i v
Mr. Massey (continued): that must be built as planned. I see nothing
in any of this design that says it must be built this way even though
there is a covenant running, limiting; the number of bathrooms. I'd like
to turn it over now to fir. Keegan, the former owner of the property.
Mr. James Keegan: :'v Name is James Kee.;an and I live :It 1901 N.W.
South River Drive. About one block from the project, and I use to own
this property. The last time we were here in 1974, there were 3 Commissioners
who are still can tt? = I :and who unani-mously voted against this project, and
it was you, Ma;cr, that said Lhat )'ou w:anted to see a planned area
development or n,,ver see this project up here before. There was a fire
at Allied the ether day and there were 4 en;ines that move-d into there and
3 fire truck;. The read was blocked the trucks had to turn
on to another street ar.d try .= d tack into it, and this was minor fire.
As far as the Department of Transportation report of 40 cars at this
peak movement in this ;:reposed apartiiiunt project, I frankly, do not
believe it. 11lere .,re 170 parkin4 spaces and is people are...men and women
are going to be Fi'ir!ti, L:: wrrk, 1 can't believe .it the. peak hour that there
is only going; to be 40 cars, �0 moving out and 10 mw in1- into this
_ property. It lust does not sor•nd ritht to me. We've h.�d a little
experienc,n with `1r. ;arcia in w1lik-11 he took us to ea meeting: or invited
US to come to pit which t:iiiw we were, discussing it. First of all,
when i sal: the> i,ltot i_ 1.'115, th—'' haS bc'"n nothini', mcntio ned ab:;r;t a
marina. But 1 noti, uci on his nowesL pians there is tipa( is on z.1here for
14 boats. So I think it':.• a natur::al assumption Lhat a ir;arina is going to
be put in there. Se end::rily, we Lalt;L-d about trees. Outsi.r?e of Fairchild
Carden, I tlilnK SC` a U: ttl,r tli��'St tre"fS iii the ent1.1'i' Z.,aTii area are
located on t:.iti crt' . It '.;a Lor. -mi_rlv known as T. _pical Paradise and
there were lot,; tri r- Over SC3S Lh:,i are V( r`; beautiful.
In my opi:,ion, ti::ie is no p ssibl� w'}' thaL Lhis b'ilding can be built
— without SllbStnnt as l l `. .:a_st. royill f. a lot of trees. loni�,ht WC' hearii
the gentler.; n na\' re w a S 1:^'C tYt 1hcY' — Wi : :lrSL �,ro}?l's"l W.-.IS
they were L'goirk' LU <i..:ilfil: iud :anOlhrr tree ancl there would be 1.09. Now
he says he h6s a say,_; only 2 trees Will have to be moved.
But When the\' .-o F1 ' �il'd till' FTiVi.O;"i,r*.ent,?1 Beard, whe incidentally, turned
this propcsal L L e 1 to them that
dl'wii i iti i�1nf.',. ;l 11.:C' r;idCi .a pTc!}.L.`�".._
25 trees be 1,10170, 1 tlelieve Was t}le pYi'jeCt of
attempting L,., prominent. landscape
artists that have .='x-1,,iined to me that this is going to be a very_ difficult
thing to. do. WE--'vc heard alot of talk about sewer. but unc- of the
sewers that -I ^t'_tmc�:t ?:owed on the screen wsL, already existing in 1974.
When this new si'wer wa -lit in ' was present at tilt: r„eeLing at which it
_ turned dowel bass, on ir,i r: c!i ,:,I it ,. some words have been spoken that
now they have 1,ad expo rit_nce ,and on and so forth. But to my knowledge,
a sewer syster, dealer,. d :or }-c':,k ca}>r,city. ,1t t}lat time when it was
_ put in, or si:::.e 1:1.e til::c' that. t11.at has been put I;:, there have been
approxilraLley 60 new apartments and houses built in this area. Now we
are talking aboL;t. adding another 100. ::e have had some wishy-washy, as
far as I'm concerned, information from some of the City departments
who do not, sevmin�;ly to explain whether we really do or really don't
have the capacity to h<ndle 10D mcrc units. Frankly, I too, and I think
most of my r.eis'.abors would wcicome a 212,000 squLire fntr building, whatever
is necessary, oil t.f;::i }lrt`i'Prt:'. ill tact, living so close to this property,
I must get 4 or 5 people, this area is in a little cul-de-sac which is not
well known, has a tremer.,:ous traffic prohlenl, and 1 must stet 4 or 5
people that stop at my house every &ia ' tO try and : irld out where tllL:--y are
going. I would lire to see ptep!e try :iInd filed the location of a large
office building there. ve have 100, better than 125 people who have
signed petitions ,jga nst this building. On the other hand, we've had
some people town l-:t're wl.o have been in favor of the project. But I notice
that a number o f th(_se })eopli Seem to ccinle from Mr. Garcia's other apartment
buildings. Gentle.:,vn, I think that's all I have to say and I thank you
for your kind attention.
Mayor Ferre: T1:l-1nk. you Mr. Keegan. In rebuttal, very briefly, counsellor...
Wait, we have one more opponent. I'm sorry. Go ahead.
Mr. Wallace- Crui, lit : My names is Wallace Creight. I own the property just
west of there. It is zoned W1. I don't know what this apartment is going
to say when there is a lot of banging and knocking and a lot of noise
131
ist
i
Mr. Creight (continued): made around there. I don't want to hear
any hollering. We don't like to hear that noise because this is zoned
WI and it's going to be noise next door. If they don't like it, don't
build there now. Ilie next tiling is, I don't understand the City put
the sewer in that isn't big enough to take care of this area. Now if you
all want to rezone this, whatever you're going to rezone it, R-4, you
might: as well go ahe;<i and rezone mine R-4 too and then we'll see if the
sewer i.s big cnoiiih to hold bath of them. Because if I get a big offer
coming along like tiiey get-, maybe I'1i sell mine for R-4 and we'll build
another highrise nigh± ne:�t: to 'it. Now T want to know if the City has
got enough sewer there tc take care of both of them.
Mayor Ferre: Mr. Manager, or Mr. Wliipple, do you want to answer that?
Mr. Geor€e Campb-1I Mr. Mayor, Commissioners, for the. record, my name
is Geerge Engineer, Department. of Public Works,
Citv of Mi. ;iA. A to the design capacity for the sanitary sewer that is
in there ncw, W11IL:' tFie!;ewer wns desif;ned and built, it was based on the
then er:isti land st zoltini,- As to the 1974 issue, the ... at that time,
the area request"', tc: he re::onecl to R--...was it R-3 or R-4? To be
zoned R-4, w.is les::: than th^ yellow area shown on the map now. The
northerly half ci•-rc or so of that property was retained C-4 and at that
time, there wa--� a ;)rt:l,o al , or a question was raised, that they wanted to
retain, the applicant then, wanted to retain that C-4 zoning for the
purposes a cc.nstructin, a restaurant and possibly a marina in conjunction
with the R- :'i ;iic i',. T'il' ink, th:?t total development into consideration,
and takiuc he fact that if that property were rezoned
to R-4, :itl, at tl;r,t fire we could not put any constraints on
the ari:punt of d_ :t'. ;ncni: , ;1tc_, would develop to the maximum which
woulc' be ;ii'pi- 501 more than the sanitary sewers at that time
could 1;:Ir"(11e. lhi wo!, cne of the —this was the reason that we
recc;; ,�end;:l c.f"yin: t R-4 and aF,ainst the development of the then
99 units. %s. , :�r M,:. Creight'!; property goes, we have not made an
analysis as to vi;rtl,i_r or not an additional rezonins, of that area which
looks to ',e -]o � tr t:'.,c gar si e of the area in yellow...
Mr. Creight_: T`;ey'rc bot}i the same size.
Mr. Campbell: We }a:e not had this question raised. Let me say that.
And we have- ,tot made an analysis as to whether or not that additional
sewage would o•:c.r loi!d the sanitary sewers in there. Does that answer
the qucsti-ar.?
Mr. Cre_ij;t.t: No, I heard it said the other night that it would only
hold anothe- 100 units.
Mr. Vill.alobus: May I answer? Mr. Mayor, I think that things are
taker. out. of context. We're here today, in 1980, requesting a 1980
proposal. Tlit, :t:l reason that we brought about the 1972 and 74
proposal.- is to F i ,e: out background history. Now in 1974, Mr. Massey
just we,it: out and read a letter. Now he did not read a whole letter,
he read only cl,c p.=rt, of the letter that fitted him. July 1Oth, 1974, and
_ I quota from that p::ri i,iular letter, "Your request for confirmation
that sanitary .�ewL'r system has adequate capacity to serve 3 projects
that you have 715tel' in .our letter cannot be given. Number two, the
September 22, from the sanitary sewer capacity for lot "A",
block 5 c•oppinf;c.r',TroE;ical Garden, says to prevent over loading of
_ eanitar, sewer t,y,;tems, the number of living units should not exceed
100 units in tiilt; lot. The issue is not whether or not another person
can actucli-: r:r,e afterwards and get that particular lot. They simple
are not qucstionlrnl my project. The gentleman right here has not gone
throughout the entire system. He has not gone out to the Planning and
Zoning Divisinn, aA .ertainly nett clown to the Toning Board. Therefore,
I suggest to you, Mr. Mayor and Mr. Commissioners, that number one, you
take into consideration what we today have here in front of us and
not whric i;;:P1 enc c? In 1974. tie had at that time no problems as far as
building was _oncernrd. Right now in Dade County, we have almost 0
availability of homes. We're giving out projects in the range of
70 to $80,000 available to low people. We're not going out and selling
1 t13 8
i8t DEC 17 1980
Mr. Villalobos (continued): Brickell Townhouse on Brickell Avenue
for millionaires. We're having out here, spending our local money for
our local people, giving out minority groups and people that are paying
taxes, living people in Dade County to go and buy in here. I cannot
see for the life of me, that things get twisted around. We did have a
moratorium in 1974, we de not have a moratorium this year. In 1974, they
did not allow it because Dade COUllt': Water and Sewer Treatment Plant was
not capable enough. We do have that syste::i now. Tip: dep,3rtment has
agreed, Planning has agreed, Zoning has agreed, Public Works has agreed,
DOTT has agreed. There are certain people that are against it, but I
cannot see for the life of me, bringing out items that in 1974 were
relevant with 1980 and certainly we're in need of this particular lot.
Mr. Creight: I'm asking this question in 1980 not in 1974.
Mayor Ferre: The question I c,on't think was succinctly answered, Campbell.
Mr.Whipple: The efforts on the part of th.c City, be it Planning Department
or Public '�%orks, Takes into account certain assumptions, certain timing and
what have you. If I ru3,•, the departments recommendations, perhaps this
Commissions recounendations iri 1974 were not etcted in stone. There has
been an opportunity for eval.u.�t ion, there has been an )pprrt inity for
upgrading of knowledge, of learning �:ncl what have you. It is the departments
opinion, with consultation i�ith the Public V,orks Uepartmient, that should
additional rc. onini;s be requested in r.114S area baseu u,,or, the same
capacities and l i:,:zt :r iun�; whi,,h has bean im,,)csud and :;uf;ti'c stt d on the
part of this �;ro_;c.t. =s 'lie; were applied to other rezonirngs, there is
a reasonab:(2 asscir that tl.e facilities could take care of the needs.
Now if we're tali,in�; about gcinu to a higher density than what we're talking
about now, thee. that is indeed a -Iifferent question.
Mayor Ferrt That w:3_I;'t the question. All right, further statements?
We've got to ;;rove along. We've got a long agenda and it's almost 10:00
o'clock.
Mr. Creight: Thank you.
Mayor Ferro: Now, questions from the Commission? Questions from the
Commission? Statements from the Commission?
Mr. Lacasst: I'm ready for a motion.
Mayor Ferre: All right, sir. The Chair recognizes you for the purposes
of making a trotion.
Mr, Lacasa: Mr. Mayor and members of the Commission...
Mayor Ferre: Cor,:missioner Plummer had to go to the hospital to see his
mother. Anu Commissioner Carollo I think just walked out for a moment.
He'll be back.
Mr. Lacasa: Would you like to wait. until Commissioner Carollo is back?
Mayor Ferre: Jack is —there he is now. Go ahead.
Mr. Lacasc:: 01Kay. Mr. Mayor and members of the Commission, this is a
situation where the applicant is requesting; a roll back. And said roll
back what will do is to conform the characteristics of the• area. He is
requesting ri roll back f ro;n C-'c to h-4. And thar R-4 is perfectly
compatible with the wholes characteristics of this area. Tho Planning
Department, which rccum:r,ended approval, and I c;uOte, says that the
proposed rezoning, is consistent with the City's Comprehensive neighborhood
Plan which desiE-,,:.tes the_ 5uut11 side of the river far Special use. This
has also beer, ap,)JC_'ed b-1 bl; the ZorAnE board. So actually, we have
our 2 departments, both Planning and Zoning, are supporting this roll back.
What really muved me into this situation is the fact that right now we
have a proposal for 100 units of condominiums in the neighborhood of
75 to $80,000. Is that correct, Mr. Villaiobos?
139
ist
m.,
Mr. Villalobos: That is correct.
Mr. Lacasa: And to find these type of prices in todays real estate market
in Miami , w}: _re w,_. ,ire becoming so used to having condominium apartments
$150,000 and u-pwar , and we feel that this giving the opportunity to
peopl with crod(l :-:r_e in;cme to afford to ou-n their own property in the City
Of Miamiin a and iii a nice building, I believe that this
City Commi�,siori i.il, h;.in thy, crisis that we are experiencing in Miami
in the 11C t1S i it, ? f c; ?, •. pprovi ng this proposal, which as I said before,
is compatible will! cjr cyan plans and has been endorsed by both our
Planning; anc r.,,r ;raring Deartment. And therefore, I move for approval
of the
Mayor Te-r :ilc`rt'' , rict.ion for a approval. Is there a second?
I sense Lila; Li;rr is n. second.
Father Gih�zo:i. 1.F,t me ash a question Mr. Whipple, you really believe in
this?
Mr. Wliipl:ie:
ir. The department has no problem as pointed out in
our re.co,.,nrer, is t.i
n r-:-:"urrinf to the Comprehensive Plan. I think there's
several nt cc
;:;izE .;. There is a need to preserve waterfront industrial
zoning when th.lt':
appropriate. However, there is also a need for housing.
We feel ti: tt :r;
: i:rticu.1ar area and =.hen the C o Tn p r o h e n s i v e Plan saes
special us(?, , �����
rr r,;��� t i ,, n'_thcugh not completel.v implemented, is that
. there wi]l t12 -r
::i:;i-, ;here will waterfront industrial, there will
be ,omc ::-rc,
l :, i. writerfrcnnt oriented. We feel that residential-
develit,p - .nt . __
.. +.: t: << ,ist- in this area and we h:,ve no questions on it.
Father
as vou, beside that same property you have a
boat rel!aiir
such?
Mr. L'iiJr,.ict.
c:;, sir.
Father Gi!;_ n:
1 ,,as just trying to make sure I know what plan I was
_ talking; .6-ut .
Mr. Vil1. ;oi,o�: Th :t's right.
Father (;ibson: AIJ right, I second the motion.
Mayor Ferre: Is there further discussion on this item?
Mr. Carollu: ,ivat oi:e ir,ore question of the applicant. How many stories
are you , l�inr:ir:r, cn going.
Mr. Villalobo_: Ten, sir.
Mr. Cart-, 1 .,: Tcn stories.
Mr. Vil.l,.lot-ocis: H'iLh underground parking that would make it 11 stories
high.
Mr. Carollo: lid units per story.
Mr. Viilalob(i.s
Mr. Caruilo
bus, sir.
1:7, conform to the height requirement there, Mr. Whipple?
Mr. t,^ripple: C�:::nlsr;irr�cr, the change of zoning does not specify any
limit of height ,,► w}:at have you. It specifies the use and certain
regulations of .:1 i, h ti,ey must comply. What I mean by conforming is
I mean if the heihi:t is ^arallel to other existing structures in the area.
Mr. W)ijpplr: I w,'— 1d basically say a 10, 11, 12 story building could be
built on a sit-_ c f tthIs . idLh depending upon design. I'd also like to
just info*un the C(-1r t.ission of one other item. The Enviornmental Board
did reject a plan Tor the development this site because they felt that
IN
6 0
Mr. Whipple (continued): enviornmentally... trees, or what have you, that
a sufficient job wasn't done. The applicants will still have to go back
in front of the Envi_rnmental Board to receive approval of an acceptable
plan for the preservation of the trees and the natural features that do
exist on that site. Notwith....
Mr. Carolio: In other words, the Enviromental Board will have to approve
a final plan before the%' can go inead and build on it?
Mr. Whipple: Yes, sir, that is correct.
Mr. Lacasa: Yes, but that is irrelevant as far as tonight is concerned because
if we...that is absolutely relevant.
Mr. John Massey: John Nassey. I can appreciate the concern for building
in Miami and I can also appreciate the concern of people that have lived
here in Miami :or 5t years like I have, and recognizing that the higher
we stack people, the more sewerage we're going get. We're going to drown
in our own sewage day, folks. Thank you.
Mayor Ferre: All right, further discussion? Call the roll, please.
(AT THIS POINT, THE CITY ATTORNEY READ THE ORDI14ANCE INTO THE PUBLIC
RECORD)
AN ORDIINANCE II;TITLED
ANN ORDINANCE AMENDING ORDINANCE NO. 6871, THE
COMPREHIENSIVE ZONING ORDINANCE FOR THE CITY OF
MIAMI, BY CHANT GING THE ZONING CLASSIFICATION OF
BLOCK 5, C'OPPINGERS T; C+PICAL GARDENS (16-52),
BEING APPROXIMATELY 1901 NORTHWEST SOUTH RIVER
DRIVE, FR(>i-; C-4 (GENERAL CO"�SERCIAL) TO R-4
(MEDIL DENSITY *'CLTIPLL) DISTRICT, AND BY
MAKING TLiI_ CHANCES IN THE ZONING DISTRICT
MAP MADE PART OF SAID ORIiINANCE NO. 6871, BY
REFERENCE AND D'c SCRI FTI ON I"; ARTICLE III, SECTION
2 THEREOF; BY REPEALING ALL ORDINANCES, CODE
SECTIONS OR PARTS Ti{EREOF IN CONFLICT AND CONTAINING
A SEVERABIIITY CLAUSE
Was introduced by Commissioner Lacasa and seconded by Commissioner
Gibson and passed on its first reading by title by the following vote:
AYES: Commissioner Armando Lacasa
Vice -Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: Commissioner Joe Carollo
ABSENT: Commissioner J. L. Plummer, Jr.
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.
141
DEC 171980
I
ON ROLL CALL:
Mayor Ferre: On voting on this item, T would like to point out to the
neighbors, especially to Mr. Massey who's made a very well documented,
thought out re;,c ,,r.at ion of opposition, that the plan and the circumstances
are di.fferc t., 1" rig•tpinion between 1974 and 1980. 'Phis comes with the
Planning Vilartm n' & recommendation, it comes with a 6-1 vote from the
Zoning Board. 1 think the questions have been properly :answered. The
aspects of tpo ataount of meweroge availability, the compatibility with
the area, the irpnenivus, almost dramatic need for increased housing and
especially Y;,'.i I at- in. nme housing in the area. For all those reasons,
1 vote with tLt. ..,-;,.rit.� T vote yes.
Mr. Massey: Q nticr-n. rou've just prostituted a neighborhood. Thank you.
;.11=OKIKA�Kl A.'P1ICATIUn BY JuRN ,7. P?ICE Tn ";l;ANG
Mawr };,rc.
itcm npAlcr 12. We're now on item number 12.
= Mr.. .1, t:. r
„.:<. ,..its• f-um 5--1 to R-. at 2195 NX. ISth
Terr,ce Fkt
apnrtment rut ommended denial ON t:he Toning
Roaru re ,nno,.
. _.. _1_1 n"anic,o.u_ v. There were 7 o4jectars by mail,
5 wert. PruSc%
� oning Pr,,:I•ci meeting. There are A pruponents
that are prese"t
:,. ,... 7.n mev;_inu and the Chair recognizes Mr. Price.
_ .:�,r. jack _ , ....
.,.. MY . i::I;�iI:?;.�tn. My is _lack Price. M
n y
address in
... 141 Terrace, Miami. I've managed the Callahan
Pia7a APWVL:^;_. ..
" '. . arty located 2 blocks east of the existing one under
considerati, . .
....., n ay artmunts fur the last 1.1 ycars. In 1974 I bought
- this ;:-opo is in
cuo,tion. And at that time, the property across the
,.trees : rc.; ..A wo,
....,or ,con,i:;eration for R-4 zoninn. It was approved and
1 was a..,-. K - hV
ti,_ ,., i;ia: :: cpartment at that time that the regulations
in effect: in 07:
Oldn't permit me to apply for zoning because I lacked the
square• .'C,-tagc.
to withdraw cur application with that information and
appraxiir. Lcly .'
-, .:i s lotur, there was a change in the zcning regulations
and I was t.dyised
Qat my property then was suitable for rezoning.
Mayor Ferre: Mr. Price, ( should have told you this in the beginning and
perhaps out t ourtvsv to yn,a and to the others that havp an interest,
Mr. Stevenson, yuu .navy a 4 person Commissioner. You're absent 1 Commissioner.
This matter is .00ing tc., us with a recommendation for a denial from
both the departm.r.t, and a unanimous recommendation from the Zoning Board.
I just want' La mak- sure you '.•ant to proceed without having a full board
here.
Mr. Prir:c•: :"e t hot 's a' 1 right, you honor. In" a nutshell, and to make
it as short as po, sihlw, my apologies for keeping you fellows here. I'm
usually in bee: a 9:00 clock myself. But we have a terrific demand for
apartments. 'e h"vc 1,100 active applicants at Callahan Plaza that are
looking for apji tn,i Ls. And of course, since the bnatlirt, we turn
something 00 PQ away o day and I went to the Zoning Beard with this
proposal 5ovaial m_nths ago and told than that if 1 felt that there was
going to hu some biurtion on their part. I would not proceed. As a result
of several .., wr !rya with them with architects and my enyinuvrs, we came
away from Zhu ant tiAgS and felt that they would not oppose it. So we went
ahead and pair: our ` 1 , 500 or whatever, ,,nd applied, And the night of our
hearing buNrc two .,'nine: [Board, we round out they did oppose it. And
we were nhockuc. n. d Wu Still don't know really what happened. Why they
had a change 61 heart and we wood like to have an understanding on that.
_ And that's oil _ "t-vc to !:33 Unless there are some questions.
Mr. Lacasa: Xr. Frice 1 have a quesrion.
build tt•,ere If t.:id is changed to R-4?
What is what you intend to
142
ist
■
Mr. Ed Stevenson: Can I respond for Mr. Price?
Mr. Lacasa: Sure, of course.
Mr. Stevenson: Mr. Mayor and Commissioners, my name is Ed Stevenson. My
legal address is 68 S.E. 2nd Street, Miami, Florida. The intent, Commissioner,
is to build 24 units which will house an excess of 75 people. Basically,
as the crow files, 180 froc, the proposed zoning change, 130 foot as the
crow flies is a 12 story apartment. Flight up the street, in fact, 900
feet are —and from both sides of the street are existing now apartments.
One block north is zoned commercial and industrial. In terms of water
and traffic, and sewerage it's all there. What I can't understand is,
and my interest is, I'm Chairman of the Board of Unity Hail which is
3 blocks down the street. I have 900 people living in that place. Mr.
Price was incorrect. He ;rude rie the Mana�;er but he's incorrect in terms
of the application. The application is for 2,000 people. And those people
that we house in o�-,r project, want housing for their friends and neighbors
just 3 blocks away. Directly a::ross the :street is, as I just pointed out
to you, a 12 story apartment at about 180 feet as crows fly. There were
57 owners contacted, there wer,• 12 objecti,ins, I understand. However, at
the Zoning Board mectine, there were enly...there were 6 in favor and
we had 1 favorable rusponsel would respectfully request the zoning be
granted.
Mr. Lacasa: Mr. Stevenson, these 24 units, what would they be? Condominiums
or...
Mr. Stevenson: !�o, rental units. The object, Commissioner, is that there
isn't enough rental units. These rental apartments would go for about
$200 a month. It's p,oing to be built by working people to serve working
people in this community. That's about what it amounts to.
Mr. Carollo: It will be a one bedroom apartment?
Mr. Stevenson: Yaks, sir.
Mr. Carollo: Approximately $200 a month?
Mr. Stevenson: Yes.
Mr. Carollo: And how many square feet, approximately will each of them
have?
Mr. Stevenson: About 950.
Mr. Carollo: 950.
Mr. Stevenson: Yes, sir.
Father Gibson: Mr. Whipple, oh Mr. Whipple, for my enlightenment and
edification, point to the property for me, please. He said that there
is a great big 12, 13, 14 story building not too far. Where is that?
Mr. Whipple: Yes, sir. That's on this just isle as I'm running around
here and there is c, little canal separating them. But that's where the
highrise is. _
Father Gibson: ;;,_,w, where...the property that lie's talking about, what
is that zonea for? Presently.
Mr. Whipple: His zoning is R-l. Over on this side, for this block is
R- 2 .
Father Gibson: What about going around, you know. Say 16, 17, 18, 191,
20. What is that?
Mr. Whipple: I'm sorry, Commissioner, I've lost you.
Father. Gibson: No, no. Go this way. Right.
143
6 6
Mr, Mmipple: In here?
Father Gibson: No. no. Go that way. Right.
Mr. Whipple: A11 right.. If I may just switch them out. Briefly...
This inquiry camc, to the department and to be honest with you, we looked
at it and ,,,,, tho+!�`ht well, is this :h possible rezoning:,perhaps for the
whole area" Now,t1le reps;n wt looked at this is that when it ocurred,
it .:.-i= :.tl: u: t1;.. t ;..,. that the initial concern was voiced by this
Commission a:,ut :cu:,ing resources. How can we provide more housing sites
In areas. Ar•d ,_nt ahc.!d, and we die' look in detail of this whole area.
And this rr„ .; , v� r : on c `l illustrates what the conditions are and is
the reason l c`r c-Jr 1-or a denial cf the zoning. The yellow
indicates ir.,:1 f } 1 wrlt rs}:i1 The brownish col.(,r indicates 2 family
ownersh--p. ,,a ,cd ,ii,un whhat exists in the area and where the subject
property xis:: right here, heing shown vacant...
0171DE OF T11E l"'BLIC RECORD)
Mr. vjIil_. kr , ''r:. r1 Let's get back hare. Based upon the
characteristics tl-_- nciOil;orlood, and nothwithstLint] ing the multiple
family e :i:>t i„c, -!,c; c the it-4 is, wt, felt it was a strong_ viable and sound
low dc•nsit re . it :,t i nci lhhorhood, and on that basis, we recommended
denial ;his petition.
Father Gih:-, rl: Th, r,"Icon I'c. asking is, if I recall...that's just what I
saw. 1 ik-tc, Li:t_ i.:;;'_ .wlheii 1 w3.` ri't too impressed, but you were the
prof toss is n,,, i , t '-.--. . ,nti i just wondered if you'd said what we ought to do
about that wl,o:t.• 1, cocl., 1 would react differently. It would appear to me,
to the ,r';'' t> wl:" rQC }here petitioning, maybe you need to talk with all
those folk tlhcrr ' :,e it ecros tc me that. if. a]1 that. land is as is,
an:; Whit . . �In i ! }'-t't is I'ti .l`lf to the l,(=isslon, unless one of the most
Important ink.: iu ,;, I:t_re ii� to zone and rezone. INIiere a man lives
and i:, an is this castle. I just don't think we ought
to pace; the t', _. .i:;iress l 4,}htl . All of that yellow space, if you
go out t}ic-'2, ,u,1' uiscover by and large, single family dwellings.
Mr. Whipp1t : ir::;. .S-Lr
- Fat}1_r t iit cr.: .%;,ti ali I'm saying is, I would have no problem since
you have i,Il ti:.-it :Ip there, you know, that .R-4 and you know, if you want
to cons it',>r de;:iir.., with the whole block that's one thing. But I think
we'll be -,ust cis ,-'.:lilt... 1 think we'd be awfully guilty.
Mr. 141ir,plt : :c?: , wt; Tigre, --it-1, ycu and that's why we looked at the
whole thing. just talking about the block, but as this is
an area whicl't is, by boundaries, be it streets, or canals, but it
is a definea :.r a. rlhcn we looked at the: whole area, we felt that no,
it did nor all go r::ultiplc> family. And that was what we were
1-cokin_, for. : } c..:id i t or shouldn't it. And as our decision was no it
shctildn't ar:,_1 thcrt_fore, that's the basis for recommending this petition
here this t ver.irrg oln a part of it. We felt the whole thing should stay
as it is, that it woos .:,bstantial and sound ao a low density residential
community.
Mr. Stevenson: Mr. Co.:,missioner, that map is not totally correct. You
have a correct map in front of you. Due south, or below the property is
the apartment th:;t is 12 stories high. That whole area in there is R-4,
as well as he s}houid know about it.
Father Gil -,son: 1}hat's ri-,ht. I remember that. But what disturbs
me is when I gc do:,`r; to the end of where that apartment is R-4, all across
over there are single family dwellings. Isn't that right?
Mr. Stevenson: Sir?
Father Gibson: All across there is single family dwelling. I drove
over the land as Lite as yesterday. My assistant and I, and to make sure
that I was thinking right, I called on the phone a few minutes ago and
11.4
0EC Igor)
0 0
Father Gibson (continued): said, what did we say about that piece of
land? Look, I'm not opposer' if %ou have to go deal with the block. You
know, if you have to deal with the whole block, that's one thing. That's
what we must do. But I find it hard t,� understand, how are you going to
do that with one piece ui "Land when all those other blocks up there show
that, you know, sim,lle family riwel.lir.zs. Look, I love you, I want to help
but my conscience liothurs mr.
Mr. Lacasa: I, i.,,,ati-1-, I can see what you are saving, however, let
me tell you what n pruhlem is. One of the most important things, as you
said, that we dei3i pith here is zcnirg. There's no question about that. One
Of tLe most killportanl L:;,,,i t•s ill Lillis community rignt nC)`.:, facing this
City GOMMiSsi.011 is the gUe,t:ion of Ilousing. Gommissicn hearings after
Commission much on that Subject. As i said on the previous
item, the hvusinF prci lrl, in tnc, City of Miami is critical. Developers
are basiciilly inteL-ested ;Il b; Tiding condominiums and the reason is that
th_- profit pi: t)i,.o of versus rental for delt'iohers, the
difffe.rence i:, s t}:iit very few de%elc}net:>, if any, go for
rentals anymore, r'.tre we hove one devc,lo,ler that is considering rental. The
City of Miami has nr, rf %L1rCE s. This municipal };t-yt'rIl-ment: hies no resources
to help solve the }.,nlsin;_ crisis by itself. We don't have monies to go
and build her,,ing, fo,r pc,,,ple of ;;.UG!'r;ite income, doll=in€ for people who
cannot afford to lii;ve -� clown p,:ymerlt or t.o afford a anrtf,arc: at the rates
of 14 112 per cent that we are facinc; nc,w with 3 and 4 points for closing.
We cannot put oursel'vcb ]n ii pC' lt_`cn of ti'illnt; the thousands and thousands
of families irl �:11;� ;::.U�'1`y illi:t ili'i'C. ilctlslnti', t11aC we '31-C i'oin L to solve
their probier', be,.._ ), r, ;'t h:_1\e the resc,ur:.es. Ulle of the verb•
few things, r,, e it, the ()f llsin�- Our zoning authority,
be a litt le Cli 1� ;•;il;l�_' ill t.�e::i� �i Cr �s1: , and tip' to ticl}1 through the
only tool that 'mot :',.?'.'t' i.i,:}; is tl: ,�. It veils ill ViLW of this that about
9 months ago, 1 tl-' m ()t,r Plallillnj; Dcpartment, and I aia still
waiting, :'ir. ii :lii,lr, _.:i .� l,aiti.n€;, for ij rl'cct^.::•L:nl.atioll and studly to
use the power t'.lat t'r:t r_ i ry c(-mni ssion has as far a: granting, zoning
changes and ze~:i_nf, vari::;lcc�, to motivate developers to go or rental
units. Still w t d�"�n' t l'.ii\ e ;ia .:i'ccjU,iCi plan, l ;':it: , le, if 1 understood VOu
correct yci: ti-iz- tniS waS One of ihc' areas that had been
considered i3' t nW'iL' 1 r11 Did 1 misunderstsnd you' 1'r• not surprised.
We seldom are n, the' s,37,,e channel.
Mr. Whipple: iiut the point was we looked at in in response to what you
are saying. And we feel there art, other area, that this was not one of
the areas that should be subject: to the needs that we have.
Mr. Lacasa: 1'us. nt:t wilt: 1-111 du. respect, Mr. knipple, while our
Planning P.cpart:,c nt fuels that there, are other areas and keep feeling and
feeling, ;nonths keep, t,cint and goi_n�;, inflation keeps taking its toll,
construction cl'stn keep going, ul. and the citizens of the City of Miami
are still short of;i;))3cing. So quite frankly, I feel chat if any
this much wt- pan oc, it ordt_l: to t.ry to .alleviate thi' housing problem. And
I, for one, aP. C':.Iii io �0 with this project base;; or, that and 1 am
going to be vcr} ilc :il)le can straight zoning consideration because I feel
that we h;avi n cverriding issue, and that overriding issue is the need
for housing for people in this community. Especially rental.
Father Gibson: Mr, Mayor, wait a minute. Back up. No, no. I'm not
going to let- nol,ody c!o th.it to u:e, You get back up there. Now here's
what I want ycu to do. Wait a nil note. I want to make sure this public
understands where I I frc•1 about this issue just like you do. I
feel more ser,uusiy al -,out it. I'r:': on the HIUD Board, man, Listed, my
friend former Cc)m i:,_,ic rl._ : , listen to this. Listen to how Theodore
Gibson reasons. Count the- 1,1ocl••. , count the lots in that block. That's
what you do. lair 13 r.,lllte. I'm ,,.oint; to give thvin an education. Count
the lots in that Mock t}ILc are R-1. Ail you h:AvC to cu is count them.
Note how I'm rC:i.`-Cii:lilt•. '1 _•ai+ I would }p.o ?or Ch..nginc the zoning, of the
whole doh hone• block. At that point in time, no one person gets preferential
treatment agL-In-, i t}ie k�ther. A mills house is i:is castle. The preponderance
Of lots in th-1 i:,,: i ;_rc- sirt;lc 1.3c:ily dwellings. That's all I'm
saying, That' :; reascnin�... if I'm nct right, you're! the professionals,
tell me I'm riot. I just want to make sure that my "LeBow Commissoners
understand how Theodure l.1bson comes to the conclusion, Now, the public
rl-
r~ 140
sF L .3Q
6 6
Father Gibson (continued): can see —what did you say? All those
yellow spots are what?
Mr. Whipple: Single family, sir.
Father. Gibson: Amen. Count them. For me. I can't count, you count.
Mr. Whipple: 23 in that particular block, sir.
Father Gibson: 23.
Mr. Whipple: I'm Sorry, let mo put it in proper terminology. There are
29 lots. 23 of whicl, ar utilized for single family development. It may
not mean Z3 sin+,Iu family homes but 23 lots are used for single family
developmer. t .
Father Glbsor: 1'll is all I'm saying. That was the conclusion I drew. And
I would be Happy. I would be happy to change the entire block. Just so that
the peopl, w"o dive in the block would get the same consideration. Hllether
then use ft or not will be their business. 1 understand investing because
that's thy_ w;iy wo yak) it in churce. If we didn't invest man, we couldn't
make it. but. ; j'_:!,t, I just don't want anybody to thine: that I'm not
reasonable and i <'.(1n't want Laanybody to think that my reasoning isn't based
on good c om:nwn 1'e;:50.1.
UNIDl:KTIFIt=1 `I'i..a;:i:ii: I'r.; here in objection. Can I speak now?
:iayor Ferri r..
Dr. Dayfc. ha ; t.i . dame is Dr. David Keefer, and I live at 1920 N.W.
24th Cotirt. :a live. in the douse on lot number 43 which is just north
and east -,f th icn: in question. Aiid I just want to point out that I'm
one of t'nc ot,opii• that owns one of the castles that Vice-l'fayor Gibson
was refer-•41n�: lrlicr. And 1 did want to make the point that the
R-4 lsnd ha:',_ ii. reierrecd to earlier is not just across the street, but
it's acre9� a �':'(iil :il of the Miami Diver which is a natural barrier. It's
a single f-_,;;;I: r,ci;•,11:11-)ril(;od. I've lived there for 12 years. There have
been areas in tnc• aarii, iici�Jlb,-rl;ood that have curve up for zoning changes
before in the p;ist and have been denied. I just want to say that most
of my neiidiho i= til<!re arc satisfied with the neighborhood and would like
to see it tri,ain the wa,; it is. That's really all I have to say. Thank
you.
Mayor Ferre: Let's let all of the objectors have their day. Go ahead.
Any othc:_ objectors want to speak to the Commission?
Mr. Donald Gah,,': ''iy name is Donald C. Gaby. I live at 2551 N.W. 18th
Terrace. I li �n the sroet, and I'm speaking for several of the
families t't:.-t l i,,,c can the street. Not all of them, but some of them. This
street large group of families. There's actually 9
private hor.lL,s on that street and I'm acquainted with all of the people
on that strc ar:d we're all vel.,, Happy where we arc, as a single family
residence area. lust ..s I'm sure the people on the other side of the
street are_. ls`; t would like to see is for it to continue as a single
family area. Anc. ,:s you kiiow from the Planning board's reConuTlendation,
the long ranee ,plan for that area is for 1 and 2 families. Nothing
more than that. Now b-4 where the condominium is is unique in the sense
that it's. ..cross frou: that waterway. We all look across at that and at
the prest?nt tiril w,, ' 6 to s_yy that's the only higlirise building anywhere
in that are,i and it's c,b jret ionable. Our concern is that if the yellow
area in cuestion, tn, yeliow ar,a is rezoned, it will set a precedent that
will just c(_'nt , riot d"wri tiiu I ivt_r there and possibly north, and all of that
property wi11 '.)r Itz..ned, And with due respect to lice-11ayor Gibson, if it
is all re-r-,ned, 311 of those private residences will no longer be desireable.
It will no be a nice place to live. So our concern is that if the
rezoning, is hiantcu, it will multiply.
Father i_ut sir, u:v position is if all of it was rezoned the same
as his, all of you will accrue the same financial benefit if that's what
you want.
146
L
! i
Dr. Gabyt We do not want it. We want...
Father Gibson: I didn't say you did. I want you to note how I'm
reasoning. I would then give you the opportunity to do just what he is
going to do. Do vo follow? you don't have to exercise it. Do you
follow what I'm saying?
_ Dr. Gabv: yes, sir I do tollow vour reasoning. But i just 'Rant tc crake
the point that even though L'n.�t would be. 'air in the sense it is granting
everybody the same opportunity, we would mostly prefer to keep our
private residences as they are.
Father Gibson: Therefere, my position is clear.
Mayor Ferri: All right, further statonients?
Mr Carollo: Yes, "ir. :Mayor, now many apartment units...
Mayor Ferre.: All right, sir, go ahead. The Chair recognizes you.
Mr. David Delonet,: 1 live ri,}1t next door to tiie gentleman who just spoke,
lots 17 , lb, 19, ?il , 21 . i t n i r:k tl i.s is 22 and 1-3. We're directly
across like he says...
Mr. Ongie: 'i,-�Jr r.rirle, }Tease
Mr. Delano: : i;, , .,S, -:21) ;�, i;. 15th iurrace. And again, one of
the biggest prl''.i('^'.ti Llia� \,e 11,IVt, like .�'ou said that, <�nG t}lE other
thing, ti ±C'\:�'." h1 �'1"'blQRl, but in c'ur tired ,.Ostly it's traffic.
If vOU'Ve C,'er C:11 to _1jc :Ircuth St2"l'et iirOUnd the i"lver
about 7 tC 8 ill .i,C' i"orilinA' Or 5 c�2- 7 ii1 the Lernc•t'il, Up oI I Lfl Avenue
the trasi 1C 7.� }i.',`:t-!,cI-L2 no .,C,- jUhii' iai'1.1'_t\' 1cr 'k.oidling
_ the trat l iC 01 l':C::"(3 C is Cia'il 1? t .t rl 1. U l 1:1i: t i llll: lU i t ll3t hL re
where it say, K-u, ''ti5 ] I:;l(', is 3 iO�, in�Ut e I?'L'bl.nt', prc (-cL which we,
you know, t lli: ne lti:'1I)CI"ti li3\'ic .it`.S( r'JeCi and : •�U bt l i evt' iI1 that.
There needs t( Ci' 1 ?w 1^C'.O::C' ilCtl`l.ilf iil(] there i:- seme tne're. I think
maybe abcut 150 u'ii t'., . And tCen the ti;.it z_et ui• i irst and
talked before thi- [:t_ , that wa:; ti,e deveiol,i�r St;ite0 he had about 350
units over here, t', low income tic) usin An we'ri tur;iti'G \;ith
low incomie I:a"ISiii'.', in ollr area ripr:t Ili,k'. IN rLz [:t't :iy::i]L5t naving it,
'
but we've got. ple::t\' alru-c% i ('lir areal. Ali( -'I vi' lived 111 the area
for 15 years rnd t'Clr doctor stated he has. And the prcblerl we have is
_ that he happens to bc• .- doctor, but pe(li;lE? In th,lt :?2't,'i ;ire just
people of IDodtratt 1':CC[;,C:. I'C ba}' t..i[li''S alOUnd-�_J,00)0 lil'.0 .1.71e are
much less, and ::,,n;' of them f:ren't here 've talked to many,
and as the gcntlel:c;n sore , he talked to rlany alst) that just can't
come. And there• W01-t P.l :l`; ht-re al ready that hL \ve lef t . They just
couldn't wait_ ti:is i�:te. :'�;ey ',e s',c't other needs. But they were
mentloninl, t011u Of t}:'' re.::;,.I'ti LIl3i the'; sllould havr L}'.at a1sC is that
there is .1 }11t,11-; int :1cI"a . t'i . , I wcl;i .:r('Lill d at th ' t 1TC, t1,ut that
was propOBed (ir— ':r weren't e'vc n i,,nt 11 it'd. And it dOle' before we
ever had a cl":ance to even v04cv 011r (,)pillion whC:n thin l'na built. And
that's not a in;crle buiic:r:F;, that s a very high illconlc type
apartment huildi:n;. l think it's 14 stories, sometl,ino. like_ 200
condominiums and t!1at cauSes us enougl trouble with the ... we have
Cocaine Cowhoys thi.t live t:lere ttlat ncly, s}loot. out:, with boats down
_ below. I'd be very un}lappy increase• in density in our neighborhood. That's
all I have to say. ":hank you.
Mayor Ferro-: Ail right, sir.. (hank you. Any other statements'. Doctor
let's weiit st'cona...
Dr. Gaby: Can I ask one question?
Mayor Ferre: 1'e>:, ;n a second. Is there anybody else who wants to
address the Commission? Yes, sir. Then 1'11 recognize you, doctor,
after that.
Mr. Neil Connell: My name is Neil Connell.
14'7
ist
I live at 1901 A.W. 26th Avenue.
DEC 17 1980
0 6
Mr. Connel (contit,ited): I own lot 43 and 44 in River Park. I've lived
there 33 years and I'm not interested in any change in zoning. I like it
there, it's my home and that.,, where I want to reside. We have more
congestion now thin we know what to do with. I think the quality of life
there would d-fin tcly be decrea ed with more people, more cars, more this
and more that 1 think. we',e going to have to realize that Dade County
cannot hold ti e�h�'_ > !. n .ti'1 ;>?.,:ages here. �'e can't 1hui id, we can't build
land, we. can't. keep t.l,ese peopl,:�. Some people are going to have to live
_ outside ol- D;ide Count.* .ahcHier thw like it or not. Lf vuu keep
furnishing pi:.wes for them, they'll be here. And when you get people
on people on pe�C'lE•, -ou re f;oin,; to have services, streets, police the
whole works. Whit vou're really dnin�; is compounding the whole problem.
Let nature try'.- it;, c(,urF;c. If there people can't live here, they can't
live here. That's r,t.l. there is to it. Let it go along like it should be.
We can't held thy: 11nited States in Dade County and we cannot provide
for them. We api,.riciate any consideration you can give us on this. Thank
you
Mayor Ferre- At.i right, doctor for a question and then we need to move
along.
Dr. Gaby: Just a short question. Is it not true that if this zoning
change were granted to K-4 that these builders could do practically they
want to do with the property. They wouldn't necessarily be held to building
rental property th:it Commissioner lacasa is interested in. Is that true?
Mayor Ferre: is true.
Dr. Gaby: l•:el: I ;!list wanted to raise that point.
Mavor Ferrc-, A-i1 Now members of the Commission. Do you have
any other vei y t,i ort statement to make?
;ir. Stevens: ,�: ',a::or. ihi owner would stipulate that it would be
rental proi:: one. Secondarily, the gentleman that said he
lived in ict 1 li:os cx:ctly 6 blocks from commercial zoining on 20th
Street. Ji-itL returned to traffic. There is no ingress and egress
out to ?th AvLnu, frcr this property except 25th Street, and then there
is not a light on -20th Street to make that turn to go over to 27th
Avenue. Coii-se( ,:n2y, there is r,o traffic problems whatsoever.
Mayor Ferre: All right. Now members of the Commission. Mr. Carollo.
Mr. Carollo: Mr. Attorney, there is no legal way that we could have the
applicant volunteer to keep that property as apartments?
Mayor Ferre: No, as rental.
Mr. Carollo: As rental apartments.
Mayor Ferre: They would be built as rental apartments, but there is no
guarantee that somebody couldn't sell them and whoever bought them convert
them tc condominiums. Is that correct?
Mr. Percy: There's no way you could require him to place restrictions
on the elin,ihility of the prope-rty,If he volunteered tc do so, that was
of his own choosing. There's no way you could require that as a
condition of this zoning.
Mr. Plummer: But if he volunteers, it's binding.
Mr. Percy: If lit, records the property implements... it could be made to be
binding but it could not be a condition per se of this zoning action
by this Ca:nmissic:n.
Mayor Ferre: Tien I stand corrected and I apolivize. It could be binding
if they stipulated voluntarily. Well what happens if they sell the
building 5 years from now?
ist 14S
0
0
Mr. Percy: If he recorded an instrument that would perpetuate, and
run with the property that would limit and restrict the use of that
property, it will be binding on the property.
Mayor Ferre: I see. Okay.
Mr. Gaby: Can I make one more comment, Mayor. Quick.
Mayor Ferre: Commissioner Carollo has the floor and after that I will
recognize you.
Mr. Carollo: The problem that I have is I realize as good as any member
of this Commission, that we're in a drastic need for apartments in this
City, especially apartments that fall within a reasonable range. Having
- spent the last several months meeting with just about everyone in this
= town that has some type of expertise in this area, I cannot comprehend
how you will be able to build, especially with the soaring, interest rates
we have today, apartments for $200 a month. I'm sure your intentions are
well, but I just find it vary hard to c_or;hrehend how you could build
$200 apartments a montlI there. The other problem that I have is that
the points t�liat (11)son has malt_ are -_eery well founded. That whole neighborhood
is residential, the part that is R-4 is across the riper though. And that's
a heck of a major nat,,.;ral boundary there. It's like a whole different
island all to i.tsclf in another area. Maybe they have some plans they
could show ;r.F, how ti: ; could S200 month apartments. I'd be
interested. in Pict, . ,_i;i.nk our Housing Department should be the first
that should Le in:er..sted in havint, a look at that.
Mr. Stevenson: Tl-:e ou-ner I.il1 stipulate that they wi.il rent for, or
that they are g,oin,.-, to he rental a partments. Concerning the cost of
construction, if Vou t;ill re :i tliiS spP lication was asked for in 1974
and was t, i.c by thc dt ^artr•:en: it wi,sn't feasible. Acid then 2 or 3 months
ago, he was toil bN the dej,artir�ent it was. And when the original project
was startc;l, rl:cir interest were lower. Now in terms if the zoning
prevails here tonight, the cwner himself is financially stable enough
to build then, hi ,self without financing.
Mayor FL=e: Okay. ::ow your statement.
Mr.Dclones: Commissioner Gibson said at one
time tonight, and I agreed whole heartedly with him when he pointed to
the block and he said if you're going to change R-4 down on that little
tip, change it all. Well I would go one step further because I'm more
intimately involved right across the river looking at it every day than
even some of the people way up the block would be. So see the big
circle there? Let us all change to R-4, sell it, make a bundle of money
and move out because that's what you would be doing; to that neighborhood
you would be ruining it. Sc change it R-4, the whole area within a
whole bih circle there. If it's grim; to be done, that's the way it should
be done not just change one little piece R-4. If you're going to make
it an apartment area and nothing; but apartments and take away the homes
of people then that's the wnl; to do it. And I'm speaking as a man
that even has a little small business there in L duplex. I'm not in the
same ... I'm not really a totally residential area. But I would say if you're
going to change it at all, change it all. And one other thing he said,
quickly, about traffic not bean; affected. 20th Street right there is
just as bad a5 27th Avenue if you've ever been on it. It's jammed up from
2 hours in the morning and 2 hours it: the afternoon. It takes you 20
- minutes to make a left turn on to 27th, and almost as long to make a
right turn in thLe morning and the evening.
Mayor Ferre: All right, what's the will of this Commission?
Mr. Lacasa: Mr. Mayor, mer.:bers of t'hv Commission, although I can see from
the technical standpoint of view thy zoning problems, and I do agree with
you that this is a matter, as Commissioner said, should be considered
as a whole, at this particular time, I feel that the over riding consideration
is still our crisis in the housing area. And this rental development
149
ist
M
Mr. Lacasa (continued): proposal that is before us today is one of the
very very few that ever comes here. We don't have this opportunity very
often. This is an opportunity for 24 for more families in Dade County that
cannot afford to live decently el.se where so based on that, I move for
approval of the proiect.
Mayor Ferre: Is there a second? Is there a second to the motion? Is
there a second to the motion? Hearing no second, the matter is obviously
dead.
Mr. Plummer: Mr. Mayor, I will acquiesce to what the people of the
neighborhood have said and that is this, I will not move to deny this
application at this time. I will move that the Planning Department be
instructed to commoner, a study of the area. There are certain circumstances
that are peit.iining to this area but I think everyone on this Commission
is bound t) local: at 1wiformity. I think that it maybe is just what
Mr.. Stevenson saic' is passible. I don't know. T'm not the professionals.
But I would mi.,%,1 y l:, Mr.. `f.-,yor, that the area be studied, let me give
you a boundary. Mr. 1%1lipple, from 18th Terrace because below that to the
river, as 1 re.;l.', s file highrise and a park. Am I correct?
(INAUDIBLI: C0;"^.IL":"I "LA(IFI) 01'TSIDI'. OF THE PUBLIC RECORD)
Mr. Plummer: ircr... Curtis Park over to 27th Avenue to 20th Street.
(INAUDIBLE 6ACRGRiii'I;0 COKMFIiT PLACED OUTSIDE OF THE PUBLIC RECORD)
Mr. Pluznmicr: tic. " mirk the commercial is rightiully there on 20th Street.
I don't think !f...r tht_,rt mould be any question up to the commercial present
there. I thin, tl'.t: commercial is proper. There: is a pcssihility that
you could .. of ? :{. k w, th u recommendation to this Commission for a
COtlC1L:SIQn of .,n : -� study that could just possibly be appealing. And
let lire teli you '<fl.:'.i:'S in the back...
I•L3vor FeI're: !s t::3t in the form of a motion?
Mr. Plummer: c ii, T'11 rake that in the form of a motion.
Mayor Ferre: All right, is there a second?
Mr. C lunaner: ticiw let me tell you why I'm doing that...
Mayor Ferre: All right let's see if we can get a second on that.
Mr. Lacasa: I eecond.
Mayor Ferre: All right, there's a second on the motion.
(INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD)
Mr. Plummier: Sure.
UNIDENTIFIED SPEtdElI: I've been in the neighborhood over 40 years. And
we started out there would be 3. The traffic runs on and over
a long time ago. And try to give up the B-3 for VTR. STEPPED AWAY FROM
THE MICROPHONE, THEREFORE C0*2,1ENTS INAUDIBLE). ...and I don't feel
like giving it up for no R-4. Nothing else. 1 have already -given
up B-3.
Mr. Plummer: B-3 was formerly business.
(INAUDIBLE BACKGk�K'.ND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD)
Mr. Plummer: No, sir. And I'm not trying to dictate to the department
what they would come back with.
UNIDENTIFIED SI'L V ER: Could I say another thing? 18th Terrace comes
across the river en this mans property here (INAUDIBLE BACKGROUND
COMMENT PLACED OUTSIIiE OF THE PUBLIC RECORD)
150
0 0
Mr. Plummer: But you're on the other side of the canal.
UNIDENTIFIED SPEAKER: (INAUDIBLE BACKGROUND C011,1MENT PLACED OUTSIDE
OF THE PUBLIC RECORD)
Mr. Plummer: No, sir. Excuse me, I stand corrected. What I should have
said, Mr. Whipple, is the Miami Canal. You cannot, sir, as I recall that
area, you cannot get from your house across the Miami Canal without going
to 27th Avenue.
UNIDENTIFIED SPEAKER: No way.
Mr. Plummer: Okay. So you are in effect, divided by the canal.
UNIDENTIFIED SPEAKER: Right.
Mr. Plummer: All right., sir. And you in effect, are not actually affected
by what happens on the other side of that canal traffic wise or...
UNIDENTIFIED SPEAKI"R: I come down here solely to protect my...
Mr. Plummer: Sir, I understand that.
UNIDENTIFIED SPEAKER: That's why I got up when you said to use 18th
Terrace for the boundary line.
Mr. Plummer: Anc: 1. appreciate it because I stand corrected, sir. Okay?
Mayor Ferre: All right, further discussion?
Mr. Carollo: You're asking for a study of the area, right?
Mr. Plummer: I want them to study_ the area to see what changes, if any,
shculd occur...
Mayor Ferre: And come back to the Commission.
Mr. Plummer: That i�; correct.
Mr. Carollo: I'll go along with that...
Mayor Ferre: Further discussion?
Mr. Carollo: ...The basic problem, Mr. Mayor, that I had with this is
that even though we want to encourage apartments to be built in our City,
it has to be done in a uniform way. We just can't go through the whole
City and start spot zoning.
Mr. Plummer: Well, Joe, two points. Number one, you in particular, okay,
I know Mr. Stevenson for a long time, and that man is not going to stand
up here, in my estimnation, and tell me anything but the truth. He's never
done anything but. As you know, this Commission right now has challenged
the Miami Board of Realtors and you're deeply involved. The $200 a month
possibility maybe is based on the value of land. I'm sure that has a
big criteria.
Mr. Carollo: :ertainly.
Mr. Plummer: The second point that I keep in the back of my mind, I'm
not exactly certain of the avenue, but down further, I'm thinking in the
neighborhood of 18th Avenue, there have been some apartment areas that
have gone in there. Where am I talking about, Ed? It's further down
Mr. Stevenson: Conmissioner Plummer, we own a project, that is my
organization does, 19th Avenue, 22nd Avenue, N.W. River Drive, 363
units.
Mr. Plummer: And they went directly across, basically from the water
or the river. And that's...
DEC
7 1980
Mayor Ferre: Unity Hall.
- Mr. Plummer: I don't know the name, Mr. Mayor.
Mr. Stevenson: Callahan Plaza.
Mr. Plummer: Unity Fall, Callahan Plaza. It's immaterial. The project
is what I was trying to bring out.
Mayor Ferre: All right. I think the point is that there is a motion
and there i.s a second. And I sense this concurrence that we're going to
have to rethink tl;is whol-e area. And time is changing and perhaps the
time might be arriving for us to realize that we do have to go to higher
densities in c:�rtain parts of the City. That's something we'll have to
decide when the stukiy comes in. And we'll take... that is not to be decided
tonight. Th-rc is n- decision to be made tonight. There was no second
to the motion t,.; tiic' of zoning. Now we will reconsider the
general area that is recommended by your motion. Further discussion
on the motion such?
(INAUDIBLE BA( KGKOI'NL COIME::T PLACED OUISIDE OF THE PUBLIC RECORD)
Mayor Ferre: Your ;i,ir,e for the record.
Mrs. Carol Si,nl�son: rIy dame is Carol Simpson. I own these 5 lots. And if
you chan�.e thi6 t( h ,, then this area will be to R-4 area...
. LVOr Ferrrr•: 1 ti:i.nl: `iis. Tipton is right, and in my opinion, that should
be included bc_ au�c of the proximity and if it has no connection, at least
it has visu.,l which is obvious. It's too close. And your R-4...
Mr. Plummer: f.)r t:ie. purposes of studying without making a decision,
I have no
_ Maver Ferre: You R-4 to the South of Musa Isle. If you're going to
talk al%out K-4 to the: north, I think it would be inconsistent to leave
that p irti(_uiLjr pi: !ce...
Mr. Plummer: We'll- go to the river.
Mayor Ferre: To the river. No, that's the canal.
Mr. Plummer: No, that's the canal. There's the river.
Mr. Vnippie: Including Paradise Park.
Mayor Ferre: Okay, further discussion? Call the roll please.
Mr. Delonr: One more comment? Just one more comment. I want
to get up again. htiy can't we just have a vote on the issue. Yes or no
you're going; to do it tonight and have the study later and bring it
up 6 motnhs fro:o now, so we as residents don't have this worry, worry, worry.
You know, it's hard to be in the middle...
Father Gibson: Sir, that's what they are doing. kfi at they did is deny
them the rJL;lit to go build. If they, if they should get any consideration,
it will be after the study and the study will be...
Mr. Plummer: No. Excuse me, Father. That's not my understanding. The
motion was to approve. There was the lack of a second. There was not
a counter motion.
Father Gibson: Therefore, therefore, the recommendation by the board standu.
Remember, yes, the other ... all right, I'll make the motion that it be
denied then. Because I just, I was under the wrong impression. My bretheren,
let me say this. I'm not trying to convince nobody. tslien I see that map
Tape 15 up there like I do, if the 27 lots, 28 lets on the block, and you're going
to rezone 1 and then leave 27 as is, let me tell you what I think I hear
152 j?9r
0 0
Father Gibson (continued): you saying, or I think it implies. We then,
at that point in time, cause people to disbelieve in the efficacy of
zoning. That's what you do. And I say this, the board denied it, all
the other people, all the peohie who made any recommendation that you
have the study denied it. I took for granted that the fact that they
didn't get it, that meant you weren't going to do it. If I had known
that, I would have offered the -notion. I'm going to make the motion that
-- it be denied.
Mayor Ferre: Father, let's get the legal interpretation from the horses mouth
and then I'll recognize you for that after this other motion.
Father Gibson: All right. Beautiful.
Mr. Carollo: Plummer, what was your :notion? I think I musunderstood it
too then.
Mr. Plummer: My motion was to study the area and delineate it within the
boundaries.
Mr. Carollo: 'Nothing, in there about approving the..,
Mr. Plummer: '�o. Formeri;, what we have always done, now that doesn't mean
it has to apply hcru, is that when we defer for an area study, the item in
application is ,gut ir-.to a pendi:iF; 5t pus until that matter has been
studied, rk.port,�c t>ac'r. ara octc(; by this Comrnission, then that application
is rea._ti.at �d.
Mr. Caron,,: what I understood. I think this is what Gibson
wanted to make sure C, .
Father Gibson. No. Let ne tell you,...
Mayor Ferre: Father, let's get a legal interpretation first.
Father Gibson: 5:e11 '•.( it a minute. I'm going; to tell you. I'm not a
legal mind. i prc.icl. I always understood that wren thev did not get
what they w,,nted, the fact: that you recommended denial, the other folk
recotmnonded denial, and if they didn't get...and if we didn't overturn
what you recomn^-nded, that meant that it was denies. Now if I'm wrong,
you can educate ;e rig'.:t now, :,nd I promise ycu and God I'll never do
it again. I'1� offer the motion. Okay? No action means denial. That's
right.
Mr. Plumr:er: I think you're right.
Father Gibson: I know I am.
Mayor Ferre: Please, would you give us your legal interpretation quickly?
Mr. Percy: 11r. Mayor, tlio failure to get a second and advance the application,
you have a tantamount to a no action, a holding pattern. It's a de facto
denial, but the item has not been disposed of by the: Commission. So as
Commissioner Plummer was suggesting, it is in a pending state until the
Commission either votes to dispose of it or advance it.
Father. Gibson: 1 vote to dispose, to deny it. I offer a motion.
Mayor Ferre: All ritjit, Father. Technically, we already have a motion
and a second. We have to either vote on that or have that motion
removed. And then your's first or your's second. Vhat do you want?
Mr. Plummer: Well, it's really immaterial because then stand independent.
My motion is on the iloor, it is seconded. It does not preclude Father
from making his a.otion afterwards.
Mayor Ferre: All right. I'll recognize Father Gibson as soon as this
motion is voted on. Further discussion on the motion. Call the roll.
1Ur3 DEC 17
1b
i
The following motion was introduced by.Commissioner Plummer, who moved its
adoption:
MOTION NO. 80-897
A MOTION DIRECTING THE CITY MANAGER TO REQUEST THE
PLANNING DEPARTMENT TO BEGIN A STUDY OF AN AREA
DELINEATED BY N.W. 18TH TERRACE, CURTIS PARK,
N.W. 27TIl AVENUE, N.W. 20TH STREET, TO DETERMINE IF
ANY ZONING CHANGES OF THE EXISTING RESIDENTIAL AREA
SHOULD BE CONSIDERED
Upon being seconded 1,y Corunissioner Lacasa, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Armando Lacasa
Commissioner- Joe Carollo
Mavur Maurice A. Ferre
NOES: Commissioner (Rev.) Theodore R. Gibson
ABSENT: None
ON ROLL CALL:
Mr. Carollo: I.et me say this. Gibson has made some pretty good points
here. However, since this is not going to be approved at all, in any way,
by Plunmier's motion, it's just going to be put in a pending stage, and
there is a study of the whole area going to be made, I don't see what
harm then. is in going along with Plummer's motion. It's not being approved.
All that we're saying is that it's going to be put in a pending position
for a study to be made. Therefore, I vote with the motion, yes.
Mayor Ferre: Father Gibson, for your motion.
Father Gibson: Mr. Mayor, I know a little more than that. I don't have to
make a motion. You've already won. Let me make...
Mayor Ferre: No.
Father Gibson: Yes, it is.
Mayor Ferre: No, no, no. I will recognize you to make a motion for denial,
as you said, of the application that is presently before us, item 12, for
a rezoning from R-1 to R-4. If you want to make the motion
Father Gibson: Mr. Mayor, okay. I don't do a lot of talking up here but
I try to get an understanding. Look, I'm no fool. You have already
agreed to let the whole thing stay in abeyance until the study is made.
For me to now crake a motion to deny is foolish. I've lost. If you didn't
want to do, if you didn't want to hang in the balance, here's what you would
have done. You would have voted against Plummer's motion. That's what you
would have done.
Mr. Plummer: What he's saying in essence, in essence he's been precluded
on his motion.
Father Gibson: Darn right.
Mr. Plummer: He can still make it but then he's already got the answer.
Father Gibson: Right
I understand that.
You make a fool out of me when I make the motion.
ist
Mayor Ferre: I don't understand it that way at all.
Mr. Plummer: I understand it. I understand what he's saying.
Mayor Ferre: If the attorney would clarify, I don't see that there is
any connection between the denial of the motion, the item before us which
is item 12, and the pr,2vious motion which is to have a study of the
general area made. You know, we could vote one up and the other down,
or both of them up or both of them down. I don't think that one deals
with the other at all.
Mr. Plummer: They certainly do, Mr. Mayor. With one motion we're saying
that...
Mayor Ferre: I'll tell you, I don't have any problem in voting and I will
vote for this item being denied, period. That has nothing to do with
my voting for the motion of studying the whole general area for
rezoning. I don't think one has anything...
Father Gibson: Okay. I'll check you out. I move that this application
as before us he denied.
Mayor Ferre: All ri�itr, I'll second it if nobody else does. I think
one thing's got nothing to do with the other.
Mr. Plummer: of this Commission, is there any further
discussion? ;ermine; none, call the roll. If you all don't understand
that, the `:c:v. r ar,'t call the roll, and the Vice -Mayor can't and I'm
the senior membr,r. C�i11 the roll. I have the important jobs around here.
(LAUGHTER)
T i.e f1:11G�+iir Fj a,uticii Woo introUucud Vy I.UIImissioner lei.bson, who
move? ite ..,.option:
riU'i 10IN ".U. ou-b!sd
n :iuilu�� ur.v'i I,�u A nrQ'L r.S'i iOn ChAi-,Gc OF ZOriIrvG Af
2495 N.W. IFTli TERRACE FROM R-1 TO R-4
'?por being secon6ed by X,,,,yor Ferre, the motion was passed and
adopted by the following vote:
AYES: Commissioner (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
Commissioner Joe Carol_lo
NOES: Commissioner Ari;iando Lacasa
Commissioner J. L. Plummer, Jr.
ABSENT: None
ON ROLL CALL:
Mr. Carollo: My colleague, the Mayor, doesn't stop surprising me. With
this kind of logic lie's using, it would surprise me if we end -up with
instead of 1,500 condominiums on the FEC property, 3,000, I don't, you
know, I cannot comprehend with one motion we say that this is going to
be pending while we do a study and then we're going to maize another
motion that says that we're going to deny it. If we're going to deny it,
then that means that we're saying; that in the other motion we're doing
away with the other- m�)tion. ,t least the part about making it pending.
Am I correct or nct, fir-. Cite 1,1ttornE•y?
Mr. Percy: Yoo're correct, Commissioner. You would have to, if this
motion to deny is successful, Commissioner Plummer's earlier motion
to study the matter would be separate from this item.
Mr. Plummer: It's totally independent.
DEC I ? 1980
I
r
Mayor Ferre: Absolutely. That's exactly the point I've been trying to make
for ten minutes, which evidently nobody wants to understand.
Father Gibson: but it is also true, Mr. Mayor, and you as the presiding
officer, it is als,-, ',rue that if you don't vote for the motion I made,
these pe:)ple go hnme tonir,ht not knowing whether or not. If you vote for
my motion, they I:n-,! that befrre. anything else is done, there has to be
an awful list os and jiving. Amen.
Mr. Carollr: Mr. Attorney;, if it's denied, how long will it take before
they cin C(`;1F a�.:iin before the City Commission.
Mr. Percy: One velar .
Mr. Carcllo: It would take 1 Year.
Mayor Fc rY L : i': i cr ss you come back as a department recommending the
rezoninp rf the. area...
Mr. Percy: :,r c-:hire area. That would be included.
Mayor rurre: " ]?"; t'r, exactly what's being studied. That's exactly where
it's Ccr.liri�,: L!.,t
Mr Carollo- ,}pert do you stand, Maurice? Are you going to be here or there?
My Gt,d, so fast back and forth you're losing me.
Mayor Ferre: I know ycu like personal insults and that's you style but I
would...
Mr. Carollo: h.:t `s rot a personal insult.
Mayor Fern-_: ...I could sug.e�-t to you that you either vote yes or no
and get on witi� it, Con:r:iesioner Carollo.
Mr. Card,] Lo. ;c 11 dear Nr. Mi'yor, it would seem to me that your hide
is much tl:ickf" r!;aT via*, •; u're telling me it is now. So I will leave it
at tila: , ; _r.
Mayor Ferrer: Tour •rate, sir.
Mr. Caroljo: I :ill add that it's nice for once in the last 6 months to
be the decidink vote -
Mayor Fcris. think that might be the case, Mr. Carollo. You
might bc• surprist•k: ...
Mr. Carolic:: 1. will vote with the motion.
Mr. P1uin:nei Well, •? the Mayor says, my vote is immaterial because the
dye is castit': j to 1. The most I can do is make it 3 to 2. It has
always hcen our pr�ctice in tine past that any matter before us would be
pend'.nf uiitil the, Study is completed. It would not come back up until
then. I think is a good practice. It has worked out in the past.
I work against the motion to deny, but the motion passes 3 to 2.
FOLLOWING ROLL CALL:
Mayor Ferrf.: I ,:ould just like to make the following observation so we
understand vt ry icarly where we are, Eddie. Whether you're pending
or you're not pending doesn't mean a darn thing. There was no second
on this Commission to approve this thing. So you didn't have 3 votes,
okay? Let's hr: this clear.
Mr. Srevenson: I snow that.
Mayor Ferre: Now, let's not play games. You sat on the County Commission
and you know exactly how these things go. Now there's only way you're
going to be able to get R-4 and that is if that department comes back with
1�6
7 01
Is'�
0
0
Mayor Ferre (continued) a recommendation for R-4 in that general
area, and then you don't need to reapply because they're going to apply
as a department. And then we can vote for it if there's 3 votes. And
if there are not 3 votes around here, then there's nothing you can do
anyway.
Mr. Stevenson: Mr. Mayor, I know it's not proper for me to speak once
you have taken action. However, I would like to inquire of that gentleman,
since he interrupted you when you were voting, the gentleman on lot 21
how he operates co-rr.iercial business in a single family housing zone.
Mr. Plummer: Well Mr. Stevenson, I'm not defending the gentleman, but
I'll tell you that there is a prov�..sien in our Zoning; Code in which you
can operate a business as loi,g as he does not exceed 25 of your residence
All employees must be rclativt�s. There is a provision in our code to operate
a business out of residence.
Mavor Ferre: That iter). is now over with.
46. I., CL:L;IE.L' Ti:�::S:.T' STATLO.` A,.EA PLAIN,
AN A:�CILLA-:' S i 1'J1 Ii) T :: ::iA:il CU-PREEE;;SIV E :�EIG:iBORi-:OOD PLAN
Mayor Ferri : 1; 're n >w �,n item 14 which is the Culmur 'Transit Station Area
Plan. This is by the Planning A,ivisor.r Board 7 to 0. Is
there anvbndv here w}ic wishes to addresE themselves to this issue in
opposition, or in favor
Mr. Lacasa: I move.
Father Gibson: Second.
Mayor Ferre: It's been seconded. Further discussion? Call the roll, please.
The following resolution was introduced by Commissioner Lacasa , who moved
its adoption:
RESOLUTION NO. 80-899
A RESOLUTION APPROVING IN PRINCIPLE THE CULMER
TRANSIT STATION AREA, PLAN, AN ANCILLARY STUDY TO
THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAIN,
CONCERNING THE AREA IN 1*2•1EDIATE PROXIMITY TO THE
CULMER TRANSIT STATION AT NORTHWEST SEVENTH AVENUE
AND NORThWEST ELEVENTH STREET WITH THE CONDITION
THAT NEIGHBORS IN I,-.*lEL'IATL AREA OF THE SEVENTH
STREET BRIDGE BE CO:;SULTED BY THL PLANNING
DEPARTMENT i RIOR TO ANY CI:OSING OF THE SEVENTH
STREET BRIDGE
(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 follcwinti vote:
AYES: Commissioner J. L. Plut=er, Jr.
Commissioner Jou Carollo
Commissioner Armando Lacasa
Vice -Mayor (RL,v.) Theodore Gibson
Mayor Maurice A. Ferre
NOES: None
ABSENT: None t,� t 157
�'j
D Fr
' i OF APPEAL 31 PEDRO R. P ELALZ FOR
T ,
Toyar F rrv: 1.Kc up it•_r, 17. Mr. P-d c Pelaez is appealing a Zoning
Boards uenia, of a v, ianre for yard Jot coverage of approximately
0927 N.V.ist Avounc. T'ne department recommended denial, the Zoning
Board rC'i: 'i^:^'ni:•:, 0 -0:. 4 to 2. All right, sir. Your name and address
for the record.
Mr.. Pedro Pr:'luz: My name is Pedro Pelaez and I live at 11531 S.W. 93rd Street,
_
Miami. 1, ,. rc ;::c. Lin}; a va-r-i:,nr.e on an u._3 lot to an R-2 on set backs
n Qc basic a"d thr,_ front yard. As you know, 39th Terrace needs a lot
c•f laoumn `•r_ ,r' 1 bee,•: talking about the need of housing and low
Inc,.,:, hOUSLng and the Qty needs housing and this is a duplex that will
sell for aroAu l 4,000 which I think the area needs.
Mayor F ra e: Okay.
Mr. Mici;aul 2oRby My name is Michael Zogby , and I'm the co-owner
of the propartv with him. I live at 3205 S.W. 21 Terrace. Okay. The
denial w_ti, Lht !"ring DOPalt-ment was based on the square footage of the
units. W 've rumodieo that with a new floor plan. No;, 1'd like you to
look at tl;e property on the m.ap also. As you can see, the property, which
in the yellow one. t_lw piorarty below it which is lot 9 is an apartment
building. 75s : whole s•:ct.inn there is R-3. The lot behind is is ours.
Facing ist A•,EAnL n a is 1 h o thin portion of the lot which is 50 feet.
So rr in: ;'.;tc a unt the front and rr:ar setbacks and there's a 10
foot &dication of :hu pIoperty for wid ning the :Streets later on, it would
leave us ah ..: n it _inn to build on. So we're nsking for the front
and rear setbacks to be waived to I think it's 5 in the rear and 10 up
front.
Mr. Plunam _: WiA l how does that change the application that's before us?
Mr. Zogby: I don't understand the question.
Mr. Pluramer: Realing the application, it says the boards denial for yards
lot coverage auc area ... lot area, lot- coverage and area. Now how have
you altered •cur- plin tonight from that which was worked on before?
Mr. Zogby: Well o denial here from what I have here says did not provide
minimum floor Space which 750 square feet per unit proposed. So that
was changed. Now as for the lot area, there remian... you mean the useage
of the lot arc<: '•:r, used more than 30%. One of the proposed variances
was for 40.32.
Mr. Plumiie:: No. 1-ho question I'm apking you is the indication is that
you have ..r,nnye_a ynor application this even0 g,. Differently than what was
acted upon at ;he lower hoard. Is that correct?
Mr. Pelaez: Only tho gquarc footage of one of the units was changed. It
was below 650 which is the minimum required and changed to 670. (INAUDIBLE
BACKGROUND COM1MENT PLACED OUTSIDE nI. THE PUBLIC RECORD)
Mr, 1: 1 c:air follc•» thrnuph. 1 think what he is indicating is
that he's 6ayinq ho will meet the minimum requirements for the unit size
in light of the fart that that was not one of the variances requested. He
would be required to meet the unit size. I do not believe that changes
any of the reau,stud variances that are listed in the application.
Mr. P1c1m:r.e1'; ;:r let me ask you this. How severe is the yard setbacks?
Mr. Whipple: If you'll ioor_ at the sketch trap on the fact sheet, the front
yard is 10 fort, & feet required. The rear yard is 5 feet, 20 feet
required. The side yards tyre 11.5 feet and I would assume they probably
.15S" r,^ry,%
ist
0 0
Mr. Whipple (continued): meet the requirements. So we're talking about
the front and rear yards as not meeting the requirements and then a
question of lot coverage with respect to the total coverage. We're
talking about a lot that is a little over 3,000 square feet and for the
edification of the Commission, the zoning ordinance in all of its districts,
stipulates, requires that for anything over a single family unit there must
be at least 4,000 square feet. Our denial is based upon the fact as there
is less than 4,000, as there is only 3,000, we believe the property use
of the land based upon the area provided is a single family unit and not a
duplex request.
Father Gibson: Let me ask a question.
Mr. Zogby: The zoning on that is R-3 though.
Mr. Plummer: Excuse me?
Mr. Zogby: The zoning on that is not R-2 though, it's R-3. I want that
understood.
Father Gibson: Yeah but ... let me isk a question. You know, I get very
concerned these days about this zoning business. If we're not careful on
this Commission, I want to say this for the benefit of my fellow commissioners,
if we're not careful on this Commission, we will begin, and have begun
to rebuild modern �l:etLos. Fro,:, all indication, there isn't any hardship
as t0 why V'O.; i,.till(l. eo ' yl just want to build a duplex. 011, yes.
Cun
You don't want te, 1_ .:cu w(st. to build a single family dwelling
or ... isn't. tlhi� truce, Xr. ',Afiipple? If he had gone, )I, could have built
a 2 store building on the same piece of land and didn't have to do this
but do this.
(INAUDIBLE BACKGR01 NE) COM2NIEN1 PLACED OLTSIDY OF THE PUBLIC RECORD)
Father Gibson: That's all I'm saying. That's all I'm saying. I'm saying
that because lie w.,nts to put 2 families there where he needs to have
20 feet he wants to have 5 feet one place. Vhere he ought to have 20
feet one place, he wants to only have 10 feet. Isn't that ... oh, yes it is.
Mr. Palaez: At tnu present...
_ Mr. Zogby: The lot is facing... instead of being length wise, like most
of them are in the City of Miami, the space, the side that faces the
street is the Fide side. It's only 50 feet deep but you lose 10 feet
to the street dedication. If I followed the setbacks which is 20 in the
rear and 20 in the. front I'm left with nothing. Zero because you lose
10 feet which leaves you with 40 feet. 20 in the rear, 20 in front you
have nothing.
Father Gibson: Okay. Let me ask a question. You have to...
Mr. Zogby: The 10 feet are lost in the street dedication.
Father Gibson: Let me ask this question, Plummer....
Mr. Pelaez: Another thing, Father, before —if I may...
Mr. Plummer: How the hell can he build, period. If he's got -to give
20 in the front and 20 in the back, and 10 for a dedication, that's 50.
Mr. Palaez: We have nothing. We have nothing.
Mr. Zogby: That's why we want the variance for setback.
Mr. Plummer: Vh at's lie going to put up a teepee?
Father Gibson: J. L., do you know what they're not telling you? Lets
ask the other question.
Mr. Plummer: Ask it. I'm losing something.
159
ist
DEC 1719.9.9
•
Father Gibson: Mr Whipple, who owns that property?
Mr. Palaez: I do.
Father Gibson: slow long you've been ownine it?
Mr. Palaea: 4 or 5 months, 6 months.
Father Gibson: Did yc;u know what the zoning was when you got it?
Mr. Palaez: I saw it was an R--2 and I bought it with that idea. When I
bought it an;t ;osed on it, it was an R-3.
Father Gihsczi: *Jr. please tell, please tell all the people,
that...w;is it that-? We ha+:e had a saving when I studied Greek in
- college, beu_r ,,: the Athenians bearing wreaths. I think that you didn't
ask them what v, _i could build on there. :ou did?
Mr. Palaez: r theii,_i.t it c;as ari R-2.
Mr. PIucdr:c,r . Tn-i- cic esn' t :Hake any sense in the reasoning. All right?
If you thnus,ht it w,is is you Ll;ought you could have built a duplex. You
find Out it,F an is-? an
you (. build multiple family units. Multiple,
30 feet in r,ciglit. But w1int I'm getting... excuse me. But Mr. Whipple,
the point is, tell m, vl,.ere. I'm wrong. From what I'm understanding, the
man has Fot ii t that he can't build on, if in fact he complies with all
cf the requc�,t
Mr. l or the one point. The request regarding the number
of units i)a th,it si:--e 1 roperty. I will stand here and tell you right
now i this ?.: cu;'.0 in with a single family home and you do 20 and
20 and it d e c,.i ,,,, to �,0. 1 feel this man has a right to build, and we'll
be the fi.r5t n;, Lo +7a_: that there is a hardship involved in this man
building « sink,i f:,:dly ressidence.. The question though, or the real
crux of the whole mutter is that he's requesting 2 units instead of the
one unit.
Father Gibson: Anion.
Mr. 'Whipple: ..with respect ... in addition to the variances.
Mr. Lacasa: Let me see if I understood you correctly. The only way that
he can build either single or duplex is if we grant a variance.
Mr. Whipple: There has to be a variance involved, yes sir.
Mr. Lacasa: So if he were to go now for a single family residence, he
will need a variance, right?
Mr. 'fiipplc: T7_r-tt `s correct.
Mr. Lacasa: ()kay. So now he is, what he is doing is requesting the
variance for a duplex in an area that allows the duplex. I see no reason
why we can't..,
Mr. Plumn,vr: Rn, no. That's the point.
Mr. Whipple: No, the area does not allow the duplexes. That's the point.
Mr. Plummer: It alluwp multiple story.
(AT THIS POINT, A FLURRY OF STATEMENTS OVERLAP MAKING IT IMPOSSIBLE
TO INTERPRET THE PUBLIC RECORD)
Mr. Palaez: 'Thc area does allow duplexes. I have built 4...
Mr. Plummer: Sir, you're not an elected official. We get the right
to argue, you don't. Now 1Pt use tell you what the real hardship is Okay?
It hasn't been brc.ubht out. The poor devil is in an R-3 and his
tax assessments is going tc be on an R-3, not on an R-1.
is[
160
`� l a,1%
Mr. Laeasa: That's absolutely right.
Mr. Whipple: I'm not of knowledge of that. I don't see...
Mr. Plummer: You'd better become knowledgeable...
Mr. Whipple: I don't sec how you can be taxed for 3 units when you don't
have 2 or don't have 1.
Mr. Plummer: You're based on the surrounding area. Sales is a great
criteria...
(INAUDIBLE BAChGROUNID CO'ZtENT PLACED OUTSIDE OF THE PUBLIC RECORD)
Mr. Plummer: Don't tell me no.
tNIDENTIFLED SPEAKER: it's comprable property.
Mr. Plummer: Comparable square footage.
UNIDENTIFIED SPEAKER: No way.
Mr. Whipple: 3,000 square feet surely doesn't compare with a 10,000 square
foot apartment.
Mr. Plummer: l'ou wait until I rezone Grove Park. Just keep it up.
Let me tell you something...
(INAUDIBLE BACKGRutNOD COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD)
Mr. Zogby: If we �•.o ahead and try to build a house on their, I'm going
to have to chari,e sn---,cbodv $50,000 for one house. I can put 2 families
in a duple: for �50,000 or. less.
Father Gibson: 1 tell ':ou wi:at you do, you build your one house and try
to get that moacy. 41Z", this boars: does...you see, I keep saying to the
Commissirn, unless the Co-i-,mission goes and sees what's happening, what we
will be doing is we will he building off paper.
(INAUDIBLE BACKGK01'';D C0'•2,1ENT PLACED OUTSIDE OF THE PUBLIC RECORD)
Father Gibson: Sir, you don't know this. I refuse to vote on zoning up
here. You know how I was able to tell those other people what was happening.
I refuse to vote on zoning up here unless I go see it. And note...
Mr. Plummer: So be it. I move it be deferred and we all go look at it.
Mayor Ferre: All right, there is a motion for deferral. It's been
seconded by Gibson. Further discussion? I hear none, call the roll.
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION NO. 80-900
A MOTION DEFERRING DECISION ON AN APPEAL OF DENIAL _
OF VARIANCE AT 5927 N.E. Ist AVENUE SO MEMBERS OF
THE CITY CO2-2�1ISSION CAN INSPECT THE PROPERTY
(CONTINUED ON NEXT PAGE
161
D E C , ? 1980
}
Upon being seconded by Commissioner Gibson, the motion was passed
and adopted by the following vote:
AYES: Commissioner J. I.. Plummer, Jr.
Commissioner Joe Carollo
Commissioner A mandr Lacasa
Vi.c&nyor (Rev.) Theodore R. Gibson
M;ayov 111aurtce A. Ferre
NOES: None
ABSENT: None
ON ROLL CALL:
Mr. Carollo: I'm g,:)ing, to vote for the motion for the sake of making
everyone at ease. But the truth of the matter is that this is an area
that very eery very few people are encouraged to build there. And just
to see th.i. som'.,o=.e has taken the initiative of trying to build in the
area I ti i;;i s41,ould ht co,-Tpl,,mented. And what they're asking is not all
that much iron; whr• c,,n see. I1 the area is zoned for an K-3 and they're
only g >in+; tc ur. J,i} lei; ..n it, I don't find it that great.
Mr. Zogt,y: r;1c r:01:L ti;ittg? It's zoned R-3. But that block where
59th Terrace is t' ve put. 2. duplexes up there and one right down next
to that lilt :i :c re tr';int to get rezoned. That's all duplex. Where
the line cuts .:, that`s all R-2 to your left.
'Ir. Carollo: I z . __ Yes fee deferral.
FOLLOWl"G ':" i i. r:; 1
Father Gib -son: 'ir. Mlaycr, I just want to say this. Please, you tolerate
me toniphf !;aybe yun all are striking me in the wrong way. I have
that ri i:t. I d-n''_ do it often. I believe that unless we set a norm,
now you will be doing in this town, and I can speak about
this tcwr,. i om:c,,: , I. want you to hear this. Unless we set some norms
around hc-rt._, all we dc, is build in 1980 the very same kinds of ghettos that
you are n(�., diss�it is} ied with and curse.
Mr. Pluc;:,cr: r .i r.her, lit me tall you something, okay? If in fact
this appI4,-ation in the wisdom of this Commission is denied, 1 think it
bchoove!-� this t:or.c:.:s :i n to t=tahli h within our codes those lots which
are zoned cr .t Wie but cannot be used for that use in a special designation.
I think it IS ) i .!t arct ly •.irif air that a man has a piece of property in an
R-3 dirtrit ::.: r 1 ion't card ghat my good friend Mr. Gary says, they
are goi.nr. t„ that. I vividly recall the Mayor standing; here when
he. was nr:.. the '•ta: of in the good old days in which they were going to
zone from t :, 15th Road, carte blanche, R-5. ...
Manor ferre: I'lu::tmer...
Mr. Plummer: And you know what the Mayor's plea was? Don't do it.
Mayor Ferre: P1w.iiner, you were a little boy then.
Mr. Carollo: Plummer, Plummer, you're being insulting. The Mayor's skin
is a little bit thin today.
Mayor Ferre: 1tic,, n Plummer is not insulting. Plummer is a friend.
Mr. Pluimi,er; 01-is d.-)g and pony act get finished, I'd like to finish.
The Mayer says don't change me to an R-5 because if you do, I want to
maintain my single family residence and you're going to force me into paying
taxes as if my property were R-5. And I want to tell you something...
162
21f:=:
(INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD)
Mr. Plummer: What?
Mr. Fosmoen: Because tie could use it as R-S.
Mr. Plummer: That's right and their going to eventually do that. But
it's blatantly unfair, in my estimation.
Mavor Ferre: Okay. L(-t's go on. Come on. It's 10:30 or 11:30, whatever
time it is. We've got another hour of work. We've already voted on this
thing. See you ne:.t ti;r;e, gentlerien.
4G. ACCLPT PLAT E-TITi.F." "00'11 SuBDIVIS10o), ACCEPT DEDICATIO;+, ETC.
Mayor Ferre: Domi Subdivision. Plat and Street Committee recommends.
Is there a motion. Any objectors to 18? Who moves 18?
Father Gibson: Move.
Mayor Ferre: Gibson moves 18.
Mr. Carollo: Second.
Mayor Ferre: Mr, Carollo seconds. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Gibson , who
moved its adoption:
RESOLUTION NO. 80-901
A RESOLUTION ACCEPTING THE PLAT ENTITLED DOMI
SUBDIVISION A SUBDIVISION IN THE CITY OF MIAMI,
FLORIDA; AND ACCEPTING, THE DEDICATIONS SHOWN ON
SAID PLAT; AND ACCEPTING THE COVENANT TO RUN WITH
THE LAND POSTPONING THE I``MF DIATE CONSTRUCTION
OF FULL WIDTH IMPROVE°TENTS UNTIL REQUIRED BY
THE DEPARTMENT 017 PUBLIC WORKS: AND AUTHORIZING
AND DIRECTING THI, CITY MANAGER AND THE CITY CLERK
TO EXECUTE THE PLAT AND PROVIDING FOR THE
RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS
OF DADE COUNTY, FLORIDA
(Here follow,, body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Carollo, the resolution was
passed and adopted by the following vote:
AYES: Commissioner J. L. PlLzmmer, Jr.
Commissioner Jou Carollo
Commissioner Armando Lacasa
ViceMayor (Rev.) Theodore Gibson
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
A
163
ist '
ON ROLL CALL:
Mr. Plummer: Mr. Whipple, on item 18.
Mr. Whipple: Yes, sir.
Mr. Plummer: that i:.s proposed here?
Mr. i•osmc•en: You just ,rot ed on it.
Mr. Plummer: Ou 1c:' 1 didn't vote on it. I voted on 17 for the deferment.
lie's callin+� the is-1 T but I stopped the roll call,
Mayor Ferre: Go ahead, Plummer. I know you'd love to stay here.
Mr. Plumster: Lwt.:; it piesently meet the minimum square footage?
Mr. It noets all the requirements.
Mr. T t_e yes.
Mayor Ferre: to are now through with Zoning. Gentlemen, we are now
back- to the ret,ular agenda.
T1iEF:La"1'(';, the (:hair ,DJOUiRNED AT 11:10 P.M. THE
;1:,11' PORTION OF THE AGENDA, AND
71'. Ti%KE 1'i' ITE?1S BELONGING TO THE
OF TFY AGENDA.
49 G; i. ; 1„ . 1(':: i It Ej,l_,i ::1'-L1L:iSTO LECL'O.,A PAR;,'
TO BY i;i:LD .)A::l'Ar,' 15. 19CI
Mayor Ferre oot bat_k to the regular agenda. Mr. Manager,
underst.ino ;•vu cap: sl:i.p "I". t4-11 "1" is very simple. It's a discussion
of when we that Little park there.
Mr. FIuruner: 1:hoii are we going to do it?
Mayor Ferre: „u tell me. The 15th?
Mr. Plur,zitet: lt's all right with me.
Mayor Ferre: l.unr•heon time?
Mr. Fosmocn: `tie can cio it the 15th if you with.
Mr. Plummer: No, if we do that at lunch, he's going to stick us in that
damn rabbit tr.,h n? takc us down there. I'm not going to do that.
Mayor Ferre: (W in your own car.
Mr. Plummer: 'lh.it'.: a good idea.
Mr. Fosmoen: I'll give you a bag lunch and you can go in your own car.
Mr. Plummer: You rent putting me in that damn piece of junk any more.
Mayor Ferre: All right let's move along. The 15th is the day. That
takes care of item "I".
164
DEC ?
50. I:1liERGENCY URDInA! CIE- A',1E,J) SEC'110�- 1 A D 2 ORD. 9179, �'i;UAL
APPROPRIA1 TOO'S OR.DII�AJC.E
Mr. Fosmoen: 5(a) we riust act on.
Mr. Plummer: What is it?
Mr. Fosmoen: It funds a later award.
Mayor Ferre: We need 4 members. Let's not waste time. Oh, there's the
4th member. All right go ahead. Take up item 5(a).
Mr. Plummer: Where is that funding coming from?
Mayor Ferre: 5(a).
Mr. Fosmoen: 5(a) is...
Mr. Eddie Cox: Eddie Cox, Building and Vehicle Maintenance. It's
coming out of my retained earnings, Commissioner for that purpose.
Mr. Plw-uner: No prohiem.
Mayor Ferrc: I'luiu:er moves.
Father Gibson: Second.
Mayor Ferre: Gibson seconds. Further discussion? Any problems with
this? Read the ordinance.
(AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE BY TITLE INTO THE
PUBLIC RECORD)
Mr. Carollo: Mr. Mayor...
Mayor Ferre: Yes.
Mr. Carollo: Can I ask Mr. Cox a question on this here? These vehicles
_ are going to be for your departmental use or will it be for different
City department's use?
Mr. Cox: Commissioner, the entire...this doesn't represent the entire
purchase. Thi is only an appropriations for a portion of it. The entire
purchase you'll find, I think in item 17 which covers 140 and some odd
vehicles. But to answer your question, that is...
Mr. Carollo: This particular one.
Mr. Cox: This is part of that funding. That's just a part of the total.
Mr. Carollo: So these will be going to different departments then?
Mr. Cox: Yes, sir. They are replacement vehicles for ones that are due
for replacement throughout the City.
Mr. Carollo: All ripht. Before I vote upon this, Mr. City Manager, I
won't be what the Mayor would call insulting, even though you are a
temporary Cite Manager. I have a question that's very relevant to this
and I think all of us should have an interest in it. Last weekend we
had a very misfortunate accident, incident should I say, in our community
where thtrc were =4 people that were murdered, including 2 of our City
employees. One of those employees had in her possession a City vehicle
that I understand was given for her use 24 hours a day. Am I correct
in that, Mr. Fosmoen, or not?
165
ist
Mr. Fosmoen: Mr. Carollo, that individual had been assigned the car
previously. She was under instructions to return that car to the City
Motor Pool by the 30th of this month.
Mr. Carollo: },ut mv question way, was that car previously assigned as
a 24 hour a day
Mr. Fosmoen: ; i--i c, ti-il;.t T>articular situation under review. My impression
is that it was an e h'-ur assignment, but for some reason, and I don't know
what tile rcrh4f1n .is it_ Lids point, she had that car over the weekend. But
she had also bc(_n in!-tructed to return that car on the 30th of the month.
Mr. Carollo: Oka,.. Can I have a memorandum to that effect, Mr. Fosmoen,
when you firAsh youh- investigation of that?
Mr. Fosmoen.: Yes, of course.
Mr. Carollo: AIL right, fine. 'Thank you, Mr. Cox.
Mr. Plummer: No, don't run off, Mr. Cox.
Mayor Ferro: Come on, J. L., let's go home.
Mr. Pluru:er: Well Mr. Mayor, lot me tell you up front because item 5(b)
and 1.7 are now to start tying together and let me tell you where I
have the profiler,.
Mayor Ferro: wel-.-,)te nrainst it and let's go.
Mr. P1umm,er: c, i ;,,h`t want to vote against it and that's what I'm
trying to :,ici ii 1 ;an speak up front. Mr. Mayor, it is proposed in
item 17 than a great deal of that funding will come from that $2,000,000
Public Safety Furl. ';ow...
Mr. Cox: Cc:^~i>-c,icn, r.. if I might. 5(b) is the item that will come out
of the Police ;c.Ta;:.,cnt, the $2,000,000, and that's 75,000, Now that is
to offset. We plo,,- tlic Police Deartment based upon their purchasing, me
purchasing, 33 new i.nd additional vehicles. That information was given them
some 6 mentihs :ig:; in t- he preparation for budget, or 5 months ago. We
anticipates! a ].0:: increas,: in vehicles over last year. That increase
amounted i.o l 26',. `,11 right. The $75,000 that we're asking
the Police DQpartn:ent to come up, primarily represents a shortiall in our
presentati,,n of the purchase of vehicles, plus light bars,
plus cagol plu:, t,ut, rncks, and the othher apparatus required primarily for
those- 33. It <+ls._: ;,aids up part of the shortfall which is what my
41,000 is, is in tine over, the over ... under estimate on the additional
replacement cars for the Police Department.
Mr. Plummer: Mr. Cox, come at it backwards. How much of this $1,000,000.
Mr. Carollo: 93,54 5.60.
Mr. Plummer: Is proposed to come from that $2,000,000 Public Safety
Fund?
Mr. Cox: Only the $75,000, Commissioner.
UNIDENTIFIED SPE.V ER: No, no, no.
Mr. Cox: Yes. If I might., the other was budgeted, Mr. Gary.
Mr. Gary: No. ircm the Public Safety Fund, 75 is coming from Special
Progratr.s and Accounts contingent fund. However, 25 of that represents
the 33 additional cars for the 100 police officers. The 50,000
represents the over running costs in terms of the other accessories he
was talking about.
Mr. Plummer: How much is proposed to come from the $2,000,000 Public
Safety Fund? 166
DEC 1. 71980
ti.
C'J
[J
J
Mr. Gary: 75,000.
Mr. Fosmoen: $75,000.
Mr. Plummer: And this is an order that was placed before that fund was
created?
Mr. Cox: Well, no order has been placed...
Mr. Plummer: It was bidded.
Mr. Cox: It was an estimate that was given the Police Department.
Mr. Plummer: Now had we not passed that $2,000,000 Public Safety Fund where
would the money have come from?
Mr. Cox: I don't know that I can answer that, Commissioner, at this point.
Mr. Plummer: Well, let me make it easy for you. Before you get this vote,
you're going to have to anser it, Eddie. Let me tell you something. The
public is not looking all around. The are looking at -me and this Commission
because I was the one that proposed that fund. They are looking for increase
in street people anc; people primarily. Now if you had that money ..1located
prior to the creation of t-Lat fund, T want to know where it was coT�ing from
and why it's not beins, use:i nov.:. EJ�ie. I ar.: going to need, not 1, excuse
me. We, this Corrc:issicn ar=� y c ink. to need that money for other purposes
and I am net }point; to sit hers_- ;in(,' let people whittle away at that fund
and then suddenly corm uP anal were i:, the hell did it go'.
Mr. Fosmoen: We're kotping track of it.
Mr. Plummer: Ilo, 1'r,. going to keep track of it.
Mr. Fosmoen: I understand that.
Mr. Plummer: Because at this point, you can't spend a dime of it without
a 4/5's vote on ti-A s Commission. Now you want to force the issue, go
ahead. But I'm telling you before you get my affirmative vote, I want to
know where the money was contemplated from the time you estimated, or
went to bids and why suddenly now there's a 75,000 short fall that maybe
is just taking the easy course, or the course of least resistence. No
where in this here does it state, that I could find, where that money was
coming from, or that monies was coming from the Special Public Safety
Fund.
Mr. Cox: Commissioner, if I might. Number one, it was not anticipated
that there would be a short fall. I gave the Polio Department based upon
the knowledge that I had on the cost of the vehicles. And that was a built
in 10% increase over the purchase of cars this year. We...
Mr. Plummer: Eddie, look —excuse me. If what you say to me is, Commissioner,
we're going to put c;n 100 Public Safety Aide's, or CSA's, and these are
the cars because you created new positions, I can live with that.
Mr. Cox: Well that's exactly what the 33 cars are.
Mr. Plummer: No.
Mr. Fosmoen: They are for the additional...
Mr. Cox: They are for the new additional police officers.
Mr. Fosmoen: New police officers, Commissioner.
Mr. Plummer: That is the 1.00 positions that were budgeted?
Mr Fosmoen: That's correct.
Mr. Cox: That's correct.
167
I
4
Mr. Plummer: Not within the 2...in the...excuse me, the fund.
Mr. Cox: There was, the Police Department budgeted, Commissioner,
$247,000 to buy nc-w and additional equipment for the 100 police officers.
I believe that. lit;irc is correct. Now what I'm telling you is...
Mr. Plummer: ?t+..t that wls n:,t: frcm the Public Safety Fund?
Mr. Cox: 1 ;o. si r. Th;it u:a�• a budgeted amount of money that was...
Mr. Plummer: S-' Wh,At ',OU'rc saying to me then that that money is coming
from that budgeted am.)unt?
Mr. Cox: That is correct.
Mr. Plummer: l have to problem because that means not a dime isn't coming
from the Fublic Safety fund.
Mayor Fern:: A21 right_, now we're ready to vote, I think.
Mr. Carcllo: No, Mr. Na-,or, I have a few brief questions, if Plummer doesn't
mind.
Mr. Plummer: Be my guest.
Mr. Carollo: lh=1nk y,)u, J. L. Mr. Cox, we're talking about $1,150,000 to
spend or, new vehicles. How many vehicles all together are we talking about?
Mr. Cox: Give iusr_ ont, second.
Mr. Carollo: Suitel-..
Mr. Ce,%: 1 `>7 I hi' eve is the exact number.
Mr. C:.rcl lo: 151. r.nd l,uw many of these will be going to our Police
Department?
Mr. Cox: i h-avc! 89 :standard size police pursuit vehicles.
Mr. Pluruner: ';,lit a minute. He doenn't know a damn thing about zoning
but he knows a hell of a lot about finance. Here's what I'll buy for you.
Joe, listen to this. I'll give you the money from the Public Safety
Fund tonight. Go :head, don't lose your bids because if you do it's
going to ,'i;5 V01:
Mr. Fosmoen: That's right.
Mr. Plucrmer: They will go back and find the money and reimburse the fund.
I'll bu that. I'll buy that right now. Okay? I just wanted to tell
you ,;hat that's..:
Mayor Ferre: Commissioner Carollo...
Mr. Carolli� Will stake your reputation on that, Mr. Gary?
Mr. Gary: Yes.
Mr. Carollo: Okay.
Mr. Cox: to finish your question, I had 89 standard size police pursuit
vehicles, 15 compact police pursuit vehicles, 2 full size automobiles.
Mr. Carcllo: 106. All right. So you have 51 for other departments.
Mr. City Manager, do we have any vehicles presently in the City, or will
any of these vehicles be going to individuals that are not City of Miami
employees or t<, any private corporation for their use?
Mr. Fosmoen: No, sir.
168
is>k DEC 17 198Q
Mr. Carollo: None whatsoever?
Mr. Fosmoen: None of them.
Mr. Carollo: Okay, sir.
Mayor Ferre: Anything else? Are we ready to vote now? Call the roll.
AN ORDINANCE ENTITLED
AN EMERGENCI ORDINANCE AMENDING SECTIONS 2 AND 5
OF ORDINANCE NO. 9179, ADOPTED OCTOBER 3, 1980,
THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL
YEAR ENDING SEPTE`IBER 30, 1981; BY APPROPRIATING
FROM THE BUILDING AND VEHICLE MAINTENANCE
DEPARTMENT, MOTOR POOL MAINTENANCE DIVISION, FY 80
RETAINED EAR,tiINGS, AN A'IOUNT OF $46,250; INCREASING
ANTICIPATFD REVENUES IN THE SAME AMOUNT TO BE
APPROPRIATED INTO THE MOTOR POOL MAINTENANCE
DIVISION TO PROVIDE SL'PPLEMENTAR'i FUNDING FOR THE
PURCHASE OF MOTOR POOL REPLACEMENT VEHICLES;
CONTAINING A REPEALER PROVISION AN'D A SEVERABILITY
CLAUSE
Was introduce? by C.-)mmissioner Plummer and seconded by Commissioner
Gibson for ad,_�ption as an emergency measure and dispensing with the
requiremunt o` reading same on two separate days, which was agreed to by
the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Joe Carollo
Commissioner Armando Lacasa
_ ViceMavor (Rev.) Theodore R. Gibson
Mavor '.•.aurice A. Ferre
NOES: None
ABSENT: None
Whereupon the Commission on motion of Commissioner Plummer and
seconded by Commissioner Gibson, adopted said ordinance by the following
vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Joe Carollo
Commissioner Armando Lacasa
ViceMavor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9219
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.
169 / 70
ist •
0
51. ALLOCATE i'L!NUI:vC I (�R Ri:PL,�CI::tF;':T OF Si;�'E:IT�' (70) POLICE,
AiiD I'l_RCH:1Sl_ OF THIPTY T,IRF,E (33) :4'D POLICL
V14111CLE'S.
Mayor Ferre: Pick up item 5(b). :s there a problem with 5(b)?
Rev. Gibson: Bove.
Mayor Ferre: Is there a second?
Mr. Plummer: Second.
Mayor Ferre: Se(.ond by Plummer, further discussion, read the ordinance.
(AT THIS POIN'r THE CITY ATTORNKY READS THE ORDINANCE, BY TITLE
ONLY, INTO THE PLBLIC RECORD)
Mayor Ferre: All ri h;, call the roll:
AN ORDINANCE ENTITLED
AN EMERGENCY ORDINA.NC'L' AMENDING SECTION 1 OF ORDINANCE
No. 9179, ADOPIED OCTOBER 3, 1980, THE ANNUAL APPROPRIA
TIONS 010_iNANCi FOR 1dE FISCAL YEAR ENDING SLPTEMBER 301
1981, AS A.NIENIJEII, EY INCRFASING THE APPROPRIATION FOR THE
GENERAL FIND, POLI CI: DEPART"IENT IN THE AMOUNT OF $75, 000;
BY DECREASIN(, THE APPROPRIATION FOR THE GENERAL FUND, SPECIAL
PROGRAINIS ACCO N"I5, PL'L'LIC :;FE' Y ! LUND, IN THE SA°tE
AMOUNT; Fl)i< i i:`: i'.'R.PO,:IK Gr FUNDING THE RLPLACE_•iENT OF
SEVENTY f 701 POL: CF, VEHICLES :%,',D THE PURCILASE OF THIRTY-
THREE (33) :IEt. PC,LICE VEhICLES; CONTAINING A REPEALER
PROVISIO :.ND A SEC;::A:;I1_1':'Y CLAUSE.
Was introduce; b;✓ Co:r.missioner Gibson and seconded by Commissioner
Plummer for ;,s an �!,LkrEeni_y measure and dispensing with the require-
ment of readinj, s.:,re on two st7_paratc days, which was agreed to by the
following vote:
AYES: Commissioner J. L. I'lummer, Jr.
Commissiollur e"xmando
Conunissioner Joe Carollo
Tice Mayor (Rev.) ':ILuodore R. Gibson
Mayor .•Iaurice A. Ferre
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Gibson seconded by
Commissioner Plummer , adopted said Ordinance by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Lacasa
Commissioner Joe Carollo
Vice Mayor (Rev.) Theodore R. Gibson -
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9220
The City Attorney read the ordinance into the public record and an-
nounced that copies were available to the members of the City Commission
and to the public.
mh'i 1 DEC 17 190n
A
'".i FUNDS TO PROVIDE; FOR BU1_LDI'>7, REPAIRS AND FO IP-
P,TFNT RiiFI,ACE"'IrIJT REQUIRED AS A RESULT OF BURGLARIES IN
THh UE:FARTMEN'l . 11
Mayor Terre: We are now can item 5(c). Is there a motion on that one':
Mr. Fosmout,- Mr. 'fLiyur, there have been three robberies at the Human Re-
sources and CD uf.ice. This is funds to replace equipment that has
been stolen. They are Literally operating without typewriters.
Mayor Ferre: It'r-- been mo%ed by Gibson, second by Plummer, further discus-
sion call the roll.
AN ORI)INAI; CF E:NT] fi'J`I)
AN EMERGENCY ORDINANCE AMENDING SECTIONS 1 AND 5 OF ORDINANCE
NO.K 9, ADOPTED OCTOBER 3, 1980, THE ANNUAL APPROPRIATIONS
ORDINk, CE FOR EHE FISCAL YEAR ENDING SEPTI1kiBER 30, 1981, AS
XMENDED; BY INCREASING THE APPROPRIATION FOR THE GENERAL FUND,
HLfiLYti R?ESOURCE:S DEPARTMENT BY $9,236; DECREASING THL GENERAL
FUND, SP'CIAL "RC)GRAMS AND ACCOUNTS, CONTINGENT FUND, BY
$4,081 ; TNCRLASTNG GENERAL FUND REVENUES, MISCELLANEOUS RE-
venu�?S, by 135; TO PROVIDE FOR BUILDING REPAIRS AND EQUIP-
MENT RLPLACEMF`'T REC11JIR ED AS A RESULT OF BURGLARIES IN THE
HUMAN RF.S01'a.C:F. , ;?L'1'�,R'I'? ?vT; CONTAINING A REPEALER PROVISION
AND A SFA'i:RA61LITY CLAUSE.
Was int, oclucc.d by Commissioner Gibson and seconded by Commissioner
Plummer for aceltion as an emergency measure and dispensing with the require-
ment of reading same on two separate days, which was agreed to by the follow-
ing vote:
AYES: Ccrmj,,sloner .'. L. Plummer., Jr.
6_-mi,..ussioner Armando Lacasa
Comni_ssioner Joe Carollo
Vice Mawr (Rev.) Theodore R. Gibson
Mayer Maurice A. Ferre
NOES: None.
ABSENT: None.
Whereupon the Coirunission on motion of Commissioner Gibson and seconded by
Commissioner Plununer , adopted said Ordinance by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
-omrrissi oner Armandc Lacasa
Commissioner Joe Carollo
Vice Mayor (Rev.) Theodore R. Gibson
Mayer Maurice A. Ferre
NOES. Nona.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9221
The City Attorney read the ordinance into the public record and an-
nounced that copies were available to the members of the City Commission
and to the public.
1`72
v��
I: tERGI ;:CZ' ORDINANCE:
53. ALLOCATE IMONIES FOR THE FL'NDING OF TWO NEW POSITION'S
IN THT- PLANNING DEPARTMENT.
Mayor Ferre: We are now on 5(d)
Mr. Fosmoen: Mr. :Mayor, 5(d) I would appreciate it if you acted on it this
evening. there are two employees involved who will be terminated as of
December 33_st.
Mavor Ferre: is there a motion?
Mr. Plummer: And what is the justification ?
Air. Fosmoen: Commissioner, there are two employees who are in the Inter-
governmental Affairs Office doin4, work on CATV, on the Bus Bench specifica-
tions and a vii•iet,; of issues that Mr. Merrill is workinF on.
Mr. Plummer. r1.. :Mayor, I'm only ,establishing an across-the-board that
any posLtions tag:en nut fro,,i the freeze have to be justified. I agree with
the justification, I move 5(d).
Mayor Ferre: all r i, t,t, call the roll.
AN ORDINANCE ENTI.1LED
AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.
9179, ADOPTED OCTOBER 1, 1980, THE ANNUAL APPROPRIATION'S
ORDINANCE FOR THE FISCAL YEAR ENDING SEPTE2•13ER 30, 1981,
AS A.°TENDED; BY INCREASING, THE. APPROPRIATION FOR THE GENERAL
FUND, PLA" NiN" :)1:PARTMIENI , IN THE AMOUNT OF 22,689; BY
DECREASING THE APPROPRIATION FOR THE GENERAL FUND, SPECIAL
PROGR_41-IS l+N?) r".Ct"ol.":ITS, CONT1NC;ENT FUND, IN THE SAAiE AMOUNT,
FOR THE PURFOSE 01' Fi'NllING TWO (2) N::W POSITION'S IN THE
PLANNIN(; DLPARTMLNT; CONTAINING A REPEALER PROVISION AND A
SEVERABI i.;_ T'i CLAUSE.
Was intro2uceu by Commissioner Plum;uer and seconded by Commissioner
Gibson for adoption as an eimergency measure and dispensing with the require-
ment of reading same on two se;iarate days, which was agreed to by the
following vcte:
AYES: Conunissioner J. L. Plutmncr, Jr.
Commissioner- Amrnado Lacasa
Commissioner Joe Carollo
Vice `Iavor (Rf:v.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner Gibson , adopted said Ordinance by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner t.rn:c=nuo Lacasa
Commissioner Joe Carollo
Vice Mayor (Rev.) 'rheodort? R. Gibson
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
SAID ORDIN.kNCE DESIGNATED DiERGENCY ORDINANCE NO. 9222
The City Attorney read the ordinance into the public record and an-
nounced that copies were available to the members of the City Commission
and to the public. ,� ►7� DEC + 7 198�
ri
5y. SECOND READING ORDINANCE: "CABLE TELEVISION -
REGULATION OF".
Mayor Ferre: Take up S(e)
Mr. Plummer: We've done S(e).
Mr. Fosmoen: No.
Mayor Ferre: No, we haven't, this is the cable television...
Mr. Plummer: Olt, oh, I'm sorry.
Mayor Ferre: Have you got the new ordinance?
Mr. Fosmoen: It i�, as amended, and the addition is "plus 4 City of Miami
channels". We are making that adjustment, we will come back to you in the
RFP dealing, with the cultural arts program. It is not covered in the Ordinance
but it is part of the RFP.
Mayor Terre: Okay, I accept that. And you?
Mr. Plummer: No, I know.
Mayor Ferre: Okay, Gibson moves, Plummer seconds. On second reading, read
the ordinance:
AN ORDINANCE ENTITLED -
AN ORDINANCE PROVIDING FOR THE CONSTRUCTION, OPERATION,
REGULATION AND CONTROL OF CABLE TELEVISION SYSTEMS WITHIN
THE MUNICIPAL BOUNDARIES OF THE CITY OF MIAMI.
Passed on its first reading by title at the meeting of October 30, 1980,
it was taken up for its second and final reading by title and adoption.
On motion of. Commmissioner Gibson, seconded by Commissioner Plummer, the ordinance
was thereupon given its second and final reading by title and passed and
adopted by the foil -owing vote:
AYES: Conuni6sioner J. L. Plummer, Jr.
Commissioner Armando Lacasa
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: Commissioner Joe Carollo
ABSENT: None.
---------------------------------
NOTE: Though Commissioner Carol],)!
voted "yes" on roll call, he last•
requested the Citv Clerk, on the
public record, to be shown as
voting "no" on this item.
---------------------------------
THE ORDINAI"'CE WAS DESIGNATED ORDINANCE NO. 9223
The City Attorney read the Ordinance into the public record and announced
that copies were available to the members of the City Commission and to the
public.
ON ROLL CALL
mh
1'74
L ! ,
55. FIRST Ai0 C HCOND R?:;%DING ORDINANCE: - CREATE
"CODE E'NF0RCE%fl'1_ T BOAi-0,".
Mayor Ferre: 6(a), creating; Code f-:nlnrct�,:enC Hoard.
Mr. Fosmoen: 6(a) , ;mr. Mayor, 1-S all :item that was before- -•ou once before.
We asked fcr a deferr,iL. INt art_, opting, the Provisions of the Fire Code out
of the Code Enforce7;ient Hoard anc we are including all other City Ordinances.
There has been a lot of stuff worked on zinc Lhc Police Department views it as
a way of getting sorie of their problems solved in a quicker manner than
through the Courts and it will be of particular value to us in dealing with
nuisance issues ghat the Courts are not very interested in hearing, like
chickens in the back tiatd,
Mr. Plummer: rlr. Fo:, t�e�l, I waclt to tell you I've got some reservations but
I think it's worth a try, olkay? If it doesn't work, we can rescind it.
Mayor Ferre: Plummer moves F(:i), Gibson seconds, further discussion, read
the ordinance.
AN ORDINANCE ENTITLED --
AN CO;;E ENFORCEMENT BOARD IN TIIE CITY
OF M1,V11 , i':WV1DING i-OR TERMS OF OFFICE, ORGANIZATION, EN-
FORCE?IHNT ;'ROCEDUR.-S, HEARINGS, POWERS OF THE BOARD, PENALTIES,
0i�i �i:i11G A REPEALER PROt'I5IGN AND
C(:AI
A SEVEKABII_,T'i C,.AVSf AND DiSI'r:;SI.^:G WITH TiiE REQU-JRL'dENT OF
READING S:'i'i?. 0., 'ii:O t. FP��iv 'iE :)AYS BY 11, VOTE OF NOT LESS TRAIN
FOUR -FIFTHS i"t TIE FiI;`ibERS OF THE CO�21IISSION.
Was introduced b., C_jmr.,issioner Plunamer and seconded b%, Commissioner
Gibson, for adoption pursuant tc Section 4, Paragraph (f.) of the City Charter
dispensing; with the rr1-u1remtnt u; reading same on two separate days by
a vote of not less thou four -fifths of the members of the Commission -
AYES: Commissioner J. L. Plummer, Jr.
Cemanissioner Armando La,-asa
Commissioner Joe Corol.lo
Vice Ma,lor (REv.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner Gibson, adopted said ordinance by the following vote:
AYES: Commissioner J. L. Plurun,�r, Jr.
Commissioner Armando Lacasa
Commissioner .Joe Carollo
Vice Mir nr (Rr .) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None
SAID ORDINANCE WAS DESIG^:ATED ORUINANNCE NO. 9224
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Com-
mission and copies were available to the public.
N'
CEC
yMR
EE
Mr. Plummer: Wait a minute) wait a minute, there is a question that I want to
ask. How many appointments are there going to be to that Board Commission
appointments. It was my understanding that we increased it from 3 to 5.
Mr. Fosmoeti: I believe you are right, Commissioner, I'll get you an answer
in a tninut.e.
Mr. Plummer: As 1. recall, at the last reading....
Mr. Fosmoen: fhe Fire Chief was here, he's been taking care of this....
Mr. Plummer: ...Yes, i;ut: there was something about where we came up with
a 6-member ii..:,zd, �,nd ti:;3t was, a bad Board because it should be either 5 or 7.
(I"11✓'i ;�Jt•f��.'�aAR1LY `::i'El�i�l)I''il;ll)
�* Mr. Caroll:: ?;:.r ;. i; l mo.y. for a second, in item .?(b), I would like
to 80 t'I1. ''l!_l+J"t) ','t+t ?;.' "nt''+ oil that, iL was not Clear to mu as it was stated
h-re, so if tilt' t'it; ir'1k could change my vote from "yes" to "no", as I
have Voted in tlil_ j+a6L, "2u .
Ma;'or l rr.. Jt.._t . , Lhiit_ w,_, can comhl with regulations and the law. Unless
I huar aii ob.jL?ctioa•, from the members of the Commission, this is the way you
have to .7. ;L. i'l.l;_;-,:-, thf.r,_ aiu any objections from any member of the Commission
le.t it. 1,(,z;r lssioner Carollo is correcting, his vote.
NOTE 7H1 COKRE�'i 10N iN COI•211SSIONER CAROLLO' S VOTE
H1-.S BEEN MA)I' TN I'Ii:" 5 (b j , WHE'Ri, 11): NOW APPEARS AS VOTING "NO"
ON T;iF MOTlO,.
(DISi.L"�5.,�,'' RF i;QI,E i�,,.��uC:i'.•TEt�'I BUARI}-Ccnt'd} ,-------------------------------
Mr. Plui,.:ner: Al i'.l;t, if there arc sir., and that tracks the State statute,
how many �11 iom1iii.ssioner make one appointment?
Mr. Fosmoen: The appointments are spelled out. The Commission appoints the
whole Roar:;.
Mr. Plummer: All tO
Mr. Fosmoen: "'es.
(INAUDIBLE COMUhI•.NT OFF THE PUBLIC RECORD)
Mr. Plummer.: No, not when it tracks the State statutes necessarily, sometimes
it is desigr.ated 0-iat Lhe Fire Chief is a mandate...
Mr. Fosmoen: It also stipulates the kinds of people -an architect, a business-
man, an engineer, a l;ener.al contractor, a sub -contractor and a realtor will
be members of the 3o<ird.
Mr. Plummer: It so,ir.,1.5 like the worst Board I ever heard.
Mr. Fosmoen: l i s ,Cling; to be fun.
Mayor Ferre: A11 ri lit, has it been moved or not.
Mr. Plummer: Yes, it was moved.
Mayor Ferre: And it's been seconded, all right, read the ordinance.
Mr. Fosmoen: lie read it..
Mayor Ferre: Further discussion, call the roll.
REPEATING r0i4tISf I )':' S VOTE, AS PER PROGRAM ABOVE:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Armando Lacasa
Commission;.,r .Ioe Carollo
_ Vice Mayor ('.fc-v. ) Theodore R. Gibson
Mayor" Muahice A. Ferre:
NOES: None.ry(*
ABSENT: None. (�tjj
11
0
ON _ROLL CALL:
*Mr. Carollo:
How many people this Board is going to have?
Mr. Fosmoen: Six.
Mr. Carollo: And how will.they be a?pointed again?
Mr. Plummer: All by the Commission,
Mr. Carollo: Will each member got to appoint one?
Mayor Ferre: No. Each member will not appoint one. They will all be ap-
pointed the way we have always appointed all Boards. The Commission appoints.
Mr, Carollo: ti:_,, not the w,a ' we ap}wint. all Boards, Mr. Mayor. If you recall
correctly in the past we have appointed some Boards where each member of the
Commission appoints oac individu i. Tn; reason, as you well are aware of
that I was asking in because I war.t. to find out if I'm goinr to be planned to be
left nut and not get to appoint any one so seeming that I will be, let's go
on with it.
(Roll call is resumed at this point}.
56. DEFEKWAi_ CT 400PEP `,TION 017 ATIOCATION OF FV ,DS FPR TCL
Pl•HPO L "C :..4 kd.. - A-:C1K FOR. `HLIfESE (-;ELF (•i USS .
I.
t'jt�,1S5I0';?;I: J . L. PLU`',L; lh.
57. OiuDYNA:NCE:
"TKA t K ::AKI:! 1 PLAN''
Mr. Plu=er: I move 8.
Mayor Ferre: Plummer moves, Gibson seconds, read the ordinance.
AN OF.DINANCE ENTITLED -
AN ORDLNA:uS AMENDING SECTION 1 OF ORDINANCE NO. 8719,
ADOPTED OC'iOBLR 26, 077, fHE SUMMARY GRANT APPROPRIATIONS
ORDINANCE, AS :I::�UF.t�, BY ESTABLISHING TWO (2) NEW TRUST
AGENCY rUNDS LNTITLED: "COMPREHENSIVE MIAMI-DADE TRAFFIC
SAFETY PLAN" AND "MOTORCYCLE RIDER COURSE"; APPROPRIATING
FUNDS FOR THE Qi'EKAI fUN OF SAID TRYST AND AGENCY FUNDS IN
THE AMCIC•N S OF S11,60 AND $10, 290; CONTAINING A REPEALER
PROVISION :'LSD SKV1:kAh1LiTY CLAUSE; AND DISPENSING WITH THE
REQUIREMENT OY PEADING SAME ON TWO SEPARATE DAYS BY A VOTE
OF NOT LF:: THAN i udk-F, FTiiS OF THE MK�'BERS OF THE CO:,utISSION.
Was lntrodaccd by Liw: isnlnnrr Plummer and Svcondc:d by Conanissloner
Gibson, for zad,pt;t" jursLant to Scctitnl 4, Paragraph (f) Of the City Charter
dispensing with the rv4u! r,M, "L of I'cadK8 same on Lwv buparate days by
a vote of not less than fuLr-firths of Lhe members of the Commission -
AYES: Corunissioner J.L. Pluriner, .1r.
Commissioner Ar�ando Lacasa
Commissf"n,r Jnv Carolk,
Vice Mayor (Rev,) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: done.
ABSENT:NONE.
mh 1'7"7
DEC 17 1980-
t
Whereu-i-wn the C*ommi.ssion can motion of CommissionerPlummer and seconded by
CommiSSiOnCr Gii)sOn, idopted said ordinance by the following vote:
AYES: Cv:?;rr, ; i<>ner J. L. Plummer, Jr.
Commi: rinner Armando Lacasa
.i00 Carol -Io
11it:odore R. Gibson
i`L�irr;i- ri;•uritt"�. Fe.rre
NOES: Nc,ne .
ABSENT:
SAID ORDrNA,"'CV, i)FSICNATED ORDINANCENO.9225
The City r:t,ad the ordinance into the public record and
announced that o;fes were 4vail.ablo to the members of the City Com-
mission aT?(i vere M)i1able to the public.
Mr. Cary llo ; i t} can you go over this ordinance again and
explain to ii:= ;'.:+_i bit: bct car what. is this all about'? I see here about
a motorcycle: rider course is that one that Plummer sneaked in here or what?
Mr•Fc,,r -',: :i�:>rr are two rants from the State Commissioner, to provide
these sc; ,.
5i. �:.1):_ ,'A':C1:I11' CODE i)1,
L:,ic, _...�
A.
AN ORP1.'•.'ANC"" F'1{?'1TL.ED-
`i:.i:i)r ,i; (;L'CTION 40-200 F,NTITI.ED "DEFIINITIONS"
*iI'..:-c -� �; ....t11''.;a "RENEFITS" OI D1vi51ti,; 2 ENTITLED
5YS:'EM" OF CHAPTER 40 ENUITLED
(,Di OF THF. CITY OF M1;,Ml , FLORIDA (1980) , AS
• AllhENDL:D, hY DE'.FTINIG FROM SAID SECTION 40-200 THE PROVISION WHICH
EXCI''!,1FD l.ND CUSTODIAL WORKERS FROM MEMBERSHIP
IN 'iAl-, . ';'S* i'" ANT) ;'-1' 1*)DI";G A S1'BSF TION IN SAIU SECTION 40-207
TO F;t'.:. i ; :. !'^ ;t:l:i>>.';? ' AND CIERTAIN CONDITIONS UNDER WHICH LN"Y
1111,1Njf:D THE RIGHT AT A'.vY TIME BETWEEN
APRIL. 1 , +':45 .1 .i; SFI�TFMBF.I' 1 , 1962 TO PAR1'1CIPATF'. IN THE SYSTF-M
OR U, ! 11i': ::: !.:'. ! (; tiFi:'{I- IE;�I'LOYEES' Pi -AN (F,)'I'AKI SIIE:D BY ORDIi:A.NCE
NO. Kl' '.'_I:ASON OF SUCH MFMBEI' Ft;1'LOYMENT AS A
Oh ':!:�'IODTAL ;,X,RI:ER, CAti RECEIVE !4DIBERSHIP
_ CRLDI P T,,I: TI^I: 'UHF. 1N'AS E'UILOYE.D IN THE SAID
BETWE'_�ti ''''AL [*0R1'G'ciP:G ,t"•�I'L';; CONTAINING A Rf-:Pf_ALEP. PROVISION AND A
SEVE'P'Al'.;i.1'i': (;LAI:SE AN',_' DIUENISING WITH THE REQUIREMENT OF READING
SAME ON I)AY R)' :? VOTE OF NOT LESS TIM' FOUR -FIFTHS OF
THE "1t:I I:I:. OF Thn' Cc,mr.,ission.
Was introduce! bti Cannr,lssir•r.er Plummer and seconded by Commissioner
Gibson, for adcptfon pur!�uant t0 Section 4, Paragraph (f) of the City Charter
dispensing with thr rry,;ircc,rnt c,f reading same on two c�parate days by
a vote of not 1 c-:: t c :r i ih., of the members of the Conunission-
AYES: Cotr:tttissiuner, .I. L. P1111nmer, Jr. ABSENT: none.
•Cotntnis�: ��:�;. r �,rmandr� L.ae,:,;;o
Cotmni ssi c't.c•t loe
Vice I Re"'. ) Theodore I "ihcnn
Mayor '1:a1ir i,,-k A.
NOES: None.
Whereupon t;<< Conuuission on motion of Commissioner Plummer and seconded by
Commissioner Gibson, adopccd said ordinance by the following vote:
mh P
# 0
AYES: Commissioner J. L. Plunmer, Jr.
Commissioner Armando Lacasa
Commissioner Joe Carollo
Vice Mayor (Rev,) Theodore R. Gibson
Mayor M.-virice A. Ferre
NOES: None
SAID ORDINANCE. WA;� DESAGNATi„? Oi<DINANCE NO. 9226
The City Attorr,_y rc..d tl:_ ordinance into the public record and
announced that ro,)i.es were available to the members of the City Com-
mission and copies were to the public_.
59.CO"L�1ISSION
S
7.0NING
(AT THIS POINT '11 E CT'I') _O"^tISSION
0 h1"iiiJRAh THE
HERLINAB(A'r. ,1 r`9) .
60. ACCE:.
is DO',A T I.
,. i i<0.. .:.r 5 .
:) T:"
.101i,\'SO,
t%T LDER ON
C0: , Till'_1-.Ti0
OF A
PACL
PAR.i,
The following resolution was introduced by Commissioner Gibson, who moved
its adoption:
V.SSOLUTIUN NU. 80-902
A RESOLUTION AUTHO'!AZING TiiE CITY MANAGER TO ACCEPT A CASH
DONATION OF $91 , 26I. "IRS'. RITA J -,riNSON WILDER ON BEHALF
OF THE I;ILDI:R i.,0i" ;:):z, luti ? (ffl THE CON"TRrCT1nN OF A
PICNIC PAV1I.]()',, I:� iAL CITY ITF MIAMI MARGARET PACE PARK
LOCATED Al N.E. 1871'}i S'i.; ET' AND ,;ORTH BAYSHORE' DRIVE;
ACKNOWLEI)GI': 1"ECFl it OF A CHECK FROM THE iNIILDER FOUNDATION
DATED :�U�'1:"; Lr r, ]�+bU, F611, THE' SUM OF $45,000 WITH THE
ST'IPULATIO:: 1HA': THE i'.E``',7:�I.',(, SCM OF $46,281 WILL BE
DELIVERED iN C:,1-.E:;:):1R YEAi� 1981 WHEN THE PROJECT IS UNDER
WAY; AND THANK !-N(_; :•;nS , i-:; I_ i:R FOR HER GENEROUS GIFT AND
WORTH)' INTENTION E , (GI VF`: THk0U(;1i THE AUSPICES OF MR. E. ALBERT
PALLOT, MRS. fitiiir.:: _.,:RTON, JK., .N'_ TiiE CITY OF 11,1IAIfI COM-
MITTEE ON LCULOk;Y BE UT1FICATION; DIRECTING THE CITY CLERK
TO n?IL COPIES 017 THIS RESO],IJTIO:" TO ALL HLR.EIN NA."IED PARTIES.
(Here fc,iluws bode of resoiue.ioii, omitted here and on file
in the Office of the Cit,, Clerk).
Upon being s1•cu1_:ied by (:ornmissioner Lacasa, the resolution was passed and
adopted by the following v tc:
AYES: C0m*1iS,si011L'r .J. I_. i'iu^•stet, Jr.
Commission: -I Lacasa
Commissioner Joe Carollo
Vice Ma-;01- (heM. )" *iliL'odoru R. Gibson
Mayor Maurice. A. Ferro
NOES: None.
ABSENT: None. 1179
Mh
D 71980
ON ROLL CALL:
*Mr. Plummer:
I,
of course, vote "yes", but
are we
just going to take
this woman's moncv
without some appropriate
thank you
other than.... ?
Mavor Ferre:
of
irsu not, we are going to
thank
her and we are going to
write a latter
to
-iv- her....
Mr. Plunuacr:
I iu,-!
hclpe we are not taking
it and
not sending some gratitude.
Mr. Fosu,oen-,:
Mr. Plummer:
ok:�
Mayor Ferre:
We
should really have an appropriate
Proclamation and...
Mr. Plummer:
1 sure
hone so.
'iU 01' THE
1ht' t,as= intro6viced by Commissioner Lacasa, who moved
its adoption:
NO. 80-903
A RES0LI.)i1O'• '111I? CITY ,-1ANiGER TO REQUESI' THE
SUBMISSION t-11• iill)S I'Ok THE PURPOSE OF DEMOLISHING BUILDING
B OF T11I l,iT'I1.t: 1L-.r:'A;NA I'a)�11�11TNITY CENTER.
(Here t olic•»s I c ;' : : c- . i,,t i on, omitted here and on file
iri the O1:ize cat the City Clerk).
Upc.n I'l'i-n", :,� .,rt: :,rnissiun�r Plummer, the resolution was passed and
adopted by the following vote:
AYES: Coriunissioner J. L. Plummer, Jr.
Comm olIC" .yrinanci(: Lacasa
Comrlis: i.ou�. Joc �;:Rollo
Vice M, v;: r i Rev.) Tiiendore R. Gibson
Mayor- M&-ir i ce A. Ferre
NOES: 'None.
ABSENT:
h7, !?l:'=•1�;:::;'ft. I,L1;1'._ }1::'�'h:I� 1TY CENTY!" A� A C:'iB
IC THIS: .:',S';E}t PLANS A.,LI PES ih:� CONCLPT
The following; resollurion was introduced by Colmnissioner Lacasa, who moved
its adoption.
.1 _
0
RESOLUTION NO. 80-904
A RESOLUTION DESIGNATING THE LITTLE HAVAWA COi`M'UNITY CENTER
AS A CATEGORY B PROJECT WITH RESPECT TO THE MASTER PLAN AND
DESIGN CONCEPT THEREOF, IN ACCORDANCE: WITH SUBSECTION (5)
(a) OF SECTION 16-17 OF THE CITY CODE, WHICH ESTABLISHES
PROCEDURES IN CONTRACTING FOR SAID PROFESSIONAL SERVICES
AND ALSO FSTABIASHES COMPETITIVE NEGOTIATION REgUIREMENTS
WITH REGARD TO FUPNI�HING OF SUCH SERVICES; AND APPOINTING
MORRIS KAUF:IANN, ASSISTANT TO THE CITY MANAGER, AS CHAIRMAN
OF THE COMPETITIV Smmprt CO?IMITTEE IN ACCORDANCE WITH
SUBSECTION (5)y) OF SECTION 16-17 OF THE CITY CODE.
(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 Armnnno L:acssa
Commissioner Joe Carollo
Vice Mayor (REv.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
63. APPROVE CO.;F LII_: n F TI:XS TO PROVIDE ARCH ENCil.�LERING
SERVICES FOR: , : S1nN & CONSTRICTION OF BUILDINGS
AT CU R I S AA[ b;'t,`_'i END ?ARKS A.ND St•:IMLIING POOL ACCESS RENO-
VAT10AS Al '. nS_ LA AND 5HE.,. NDOAh PARKS.
The following resolution was introduced by Commissioner Gibson, who moved
its adoption:
RESOLUTION NO. 80-905
A RESOLUTION APPROVING THE MOST QUALIFIED CONSULTING FIRMS TO
PROVIDE PROFESSIONAL ARCHITECTURAWENGINEERING SERVICES FOR
THE DESIGN AND CONSTRUCTION OF COMMUNITY BUILDINGS AT CURTIS
AND WEST END PARKS AND SWIMMING POOL ACCESS RENOVATIONS AT
WEST END KID SHE::ANDOAH PARKS; AUTHORIZING THE CITY MANAGER
TO UNDERTAFL NEGOTIATIONS WITH THE MOST QUALIFIED FIRMS TO
ARRIVE AT A CONTRACT t,'HIC?? 1S FAIR, COMPETITIVE AND REASON-
ABLE, AND ALLOCATINK $165,569.00 FROM THE CAPITAL IMPROVE-
MENT FUND AND FROM F0U!-,TH, FIFTH AND SIXTH YEAR COMMUNITY
DEVELOPMENT uRANI FUNDS TO COVER COST OF SAID CONTRACT. AND
DIRECTING THE CITY MANAGER TO PRESENT EXECUTED CONTRACT TO THE
COMMISSION AFTER TI L EXECUTION OF CONTRACT, FOR RATIFICATION
AND APPROVAL OF THE Ci)XXISSION.
(Here follows body of resolution, omitted Isere and on file
in the Office of the City Clerk).
Upon being seconded by Coi:immissioner Lacasa, the resolution was passed and
adopted by the following; vote:
AYES: Commissioner J. L. Plu:,uner, Jr. NOES: None.
Commissioner Arman6n Laoasa
Commissioner Joe Carollo ABSENT: None.
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
mh 181
DEC i 7 998D
PAA..- .. .
F--,l
Di.C1 i'.') 'i l
(���. }:'t;I=(;I_.LI ._i�,..T}<,.�( Ai;i:i i_MLNT WIT'i }"OCi I;;DLSIP,IIS, INC.
The fool owing YeSolutioli Was introduced by Commissioner Plummer, who moved
its adoptic--i:
RESOLI TION NO. b0-906
A AU'A"HoRiiIN"; Ti1i: CI11" NL4N:AGEF 10 EXECUTE THE ATTACHED
AGREL";FNT WITH LIC. FOP THE OPFRtATION OF
AFR IC:IN IN' THE r,VjOCNN'r OF 5171, 458 FROM
SPEC;" AL REVE\1:E SHARING - AFRICA
SQhAfkEl I':;?i:, _N _ CILORDANCF i:ITli THE 'i EF,;15 AND ("O;l `TTIONS
(Tier(., i,,o,,, of resolution, oClitted here and on file
in the 01`fire of the. City Clerk).
Upon Jc:; 1 ,(2r hacasa, the resolution was passed and
adopted by tht
APES: L. 11.1 .immer, Jr.
Corami.:s iolier l;rn:andc Lacasa
Commiz�sioner Joe Carollo
Vi.t! '.,, , Theo&)re R. Gibson
M:1vur Ma,iric� A. ' erre
NOES: None.
ABSENT: None..
Gb. kA �t. CcR*:'I:I17!�'I: 1�1.i'iili:i: FOR Tlii. CO:,'TINl1ATION OF S'iSTEMATIC
_'.r .ANT` ?_ 1Ei F �'. �I:R�'ICES FOR THr EXISTING
AT 'THL CITY OF M1AMI POLICE
Mayor Ferre: Pi(l, up 15, Pl Itm�ieri
Mr. Plulr"wr: Yc�. 11'1', it, I don't like it but I'll move it.
Mr. Carollo: t;(- discussed Lhis a year ago, if I recall, Plummer, we were
tied into it, we had no choice.
Mr. Plummer: ;'. �, bi;c Joe, you know, I said I don't like the idea but we are locked
in to a certain bidder or to a vendor and we've got no choice. The choice iF to
mh 182
s
go back out and spend $200,000, or $300,000, or $400,000 so that we can open it
up for three or four bidders, and that's no bargain, so we are locked in,
it or not we are locked. And I don't like it.
Mayor Ferre: Call. the roll.
The following resolution was introduced by Commissioner Plummer, who move,'
its adoption:
RESOLUTION NO. 80-907
A RESOLUTION WAIVING COMPETITIVE BIDDING FOR THE CONTINUATTO: OF
SYSTE'1V%TIC MAINTENANCE AND EMERGENCY SE:RVICES FOR THE EXISTING
INTEGRATED PROTECTION' SYSTEM AT THE CIT)' OP: MIAMI POLICE. STA-1A N
AND FACILITIES AND AUTHORIZING THE CITY 'U-NAGER TO INSTRUCT THE;
PURCI{b1SING A(, -TNT NT To ISSUE A PURCHASE ORDER TO CONTINUE SUCH
SERVICE TO WACKENHUT ELECTRONIC SYSTEMS CORPORATION IN THE A`IOIUNI
OF $13, 164 .00 FOR ONE: YEAR AND ALLOCATING FU\DS FRO:d THE 1980-81
FISCtiL YKAR FULICE DEPARTMEINT BUDGET.
(Here follows body of resolution, omitted heru rind on file �
in the. Office of the City Clerk).
Upon being seconded by Commissioner Lacasa, the resolution was passed and
adopted by the following vote:
AYES: ComLmissioi,er J. L. i'lummer, Jr.
Corr�.iissioner :xmando I.:icasa
Co^nni, sic,r-er ,,,c Carollo
Vice 'lay r (R<_v.) Theodore R. Gibson
Mayor '•iaurice A. Ferre
NOES: None.
ABSENT: None.
67. WAIVE: ;ZEOUIRE`iENT FOR FOR"tAL BIDS FOR Fi'RNTSIiINc; VISIBLE
fi0T0'. L-:T I C; FILE SY STE'•i FOR 'i HE DEPART: -',ENT OF PO1-ICE .
Mr. Plunm! r: does a "visible rotomatic file system" do?
Mr. Fosmoen: ��>::�;,issioner, there is a very limited amount of space for a
particular filing; -iLA,d 'In the Department and this is the only bidder who can
meet that space limitatiur, with the system.
Mayor Ferre: Plummer moves, second by Lacasa, further discussion, call the
roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 80-908
A RESOLUTION WAIVING THE: REQUIREMENT FOR FOR I-;L BIDS FOP,
FURNISHING A VISIBLE ROTOMATIC FILE SYSTEM FOR THE DEPARTMENT
OF POLICE, AUIHORI'l_ING THE PURCHASE FROM ACME VISIBLE? RECORDS,
INC. THE ONLY KNOWN' SOURCE, AT A TOTAL. COST OF $5, 563.00;
ALLOCATING FUNDS FROM 'THE 1980-81 CAPITAL EQUIPMENT BUDGET
OF THE DEPARTIMF'�T OF POLICE; AUTHORIZING THE C1 TY '•t."NAGEY, AND
THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS
EQUIPMENT.
(Here follows body of resolution, omitted here and on file
Ph 183
in the Office c;f the City Clerk).
Upon being FeconJed by Commissioner Lacasa, the resolution was passed and
adopted by the following vote:
AYES: Commissioner .1. h. Plummer, Jr.
Commi ss Icnai Armando Lacasa
Commissioner Joe Carollo
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferro
NOES: None.
ABSENT: None.
63. ACCEP I b i0 : :Motor Qhic le!;
Bui dinN and Vehicle Maintenan t
The following rnsoJuriun was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 80-909
A RESOLUTI& ACC EPI INK THE BIDS FOR FURNISHING AUTOMOTIVE
EQUIPMENT FOR THE PEPAPTMENT OF BUILI)I„(; A[:D VEHICLE 'MAINTE-
NANCE AS FOLLOWS: I; l > Of liOPLYNOOD CHRYSLER PLYMOUTH FOR
112 AUTOMUBTIIS A! h COS'i of S836,094.98, BID OF FIGUEREDO
CHEVROLI,'I &P it AvInKOVILLq AT A COS"I OI 23.204.00, BID OF
GnC I RL CK ANo 1 WRLCi:ER AT A COST OF
$14, U31 . 0a, Bi D OF I RI ENDLY FORD FOR 3 AUTOMOBILES AT A COST
OF $20,20 Q: AT A T"TAL COST OF $1,093,545.60; ALLOCATING
FUNDS FRw- !HE j 960-S] EgUI PMENI REPLACEMENT FUND OF THE DEPART-
MENT OF 0ILDI_NK AND VEHICLE- *IAINTENANCE IN THE AMOUNT OF
$804,250.ja AND HE 1980--81 NEW EQUIPhT.N"IFU'D OF THE DEPART-
MENT OF POLICE 1N THL AMOUNT OF $289, 295. bU; AUTHORIZING THE
CITY MANAi ;ER 'kND Iill: PL' .0 ii.ASI NG AGENT TO 1 SSUE THE PURCHASE
ORDERS FOR TiilS
(Here fo3lown body of resolution, omitted here and on file
in the vfficc of thv City Clark).
Upon being sec:c;nded by Cum:,is inner Gibson, the resolution was passed and
adopted by the loliowiny votu:
AYES: Commissio n:,r J. L. Plummer, Jr.
Commi.ss iuncr Armando Lacasa
Commissioner Jue C:arullo
Vice Mayor (Rov. ) 1hoodore R. Gibson
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
mh
184
69• ACCEPT BID: Custodial Services
(i,uilding & Vehicle ;Maintenance Dept.)
"Robert Brown Buildinu :•,aintenance, Inc."
Mayor Ferre: 'lake up item 18.
Mr. Carollo: How mangy, bids were received on this?
Mr. Fosmoen: Mr. Cox is here.
Mr. Eddie Cox: I believe without looking through my file Commissioner, we
received 11.
Mr. Carollo: Is this the lowest bid?
Mr. Cox: No, sir, this was the lowest acc_eptablc bid. We had...
Mayor Ferre: Mr. Cox, let me correct you. There were 11 responses, there
were 41 bids mailed, prior bidders 3, new bidders S, for a total of 11.
Mr. Cox: That was what my me,ory told me that we Ijaa, we had 11.
Mayor Ferre: '.Ow, as to the question that Carollo asked you.
Mr. Cox: Yes, sir. The low bidder, Commissioner Carollo, I discussed with
because his :id appcared to be reallv too low and upon discussion with the
gentleman he cdmitted that he had omitted the fact that he had to supply the
materials. lie missed that in reading the specifications and asked that his
bid not be considerec;.
Mayor Ferre: Is this the second one after that?
Mr. Cox: No, this was the first low bid. There was another one, Mr. :Liyor,
that was not complete, so when I say that this was the lowest acceptable bid,
but it was not tiie low bid..
Mr. Plummer: How much difference netween the lowest' aria the lowest acceptant
Mayor Ferre: $11,3',0,00, to be exact.
Mr. Plummer: :':hv hcas the lowest unacceptable?
Mr. Fosmoen : IlL- withdrew.
Mayor Ferre: He made a mistake.
Mr. Plummer: hall , then lie is not a bidder.
Mr. Cox: That's correct.
Mr. Plummer: If he withdraws this is then, in effect, the lowest bid
Mayor Ferre: No. Because there was another guy who bid $44,517.
Mr. Plummer:
Why wasn't he acceptable?
Mayor Ferre:
Because he has
not given a
complete
bid?
Mr.Plummer:
Then it's not a
bid, if he
didn't
give a complete bid it's not
a bid, then
in effect this is
the lowest
bid.
Mayor Ferre:
That's why "Ir.
Cox hedged
his statement
and couched it by
saying "the
lowest acceptable
bid", and
he is
technically and you are
technically
right.
Mr. Plumrher:
Well, let's get
the record
clear,
the record clear means that
this is the
lowest bid.
Mayor Ferre:
Further discussion,
on the
lowest
bid.
mh _ 1 ��
40 1
Mt. Caroll.o: Eddie, I'm sorry, I thought I was asking a simple question.
Mr. Cox: I evA dently confused the answer.
Mr.Plummer: Well, plt,�aae stick around for the next one because if you do this
one for fifty- one f want to know why you are paying sixty at Little Havana.
Mayor Ferre: Call the roll..
The following resolution was introduced by Commissioner Gibson, who moved
its adoption:
RESOLUTION NO. 80-910
1, RESOLUTION ACCEPTING THi BID OF ROBERT BROW;; BUILDING
MAINTENANCE, INC. hOh F1'RN I Sill NG CUSTODIAL SERVICES ON A
COINTEAUl' BA.:IS Fk is ONE AT 3500 I'A:' AI°SERICAN DRIVE, 2600 S.
BAYSI-10RL DRIVF, ANI) 65 ti.lti'. 1ST. STREIET' FOR THE DhPARTMENT
OF BULLDiti(: -%',P VI H ;L,E `t'7ti'il tiA";CI:; AT A TOTAL COST OF
$31 ,960. n0: 17,:ND5 FRO'1 THE 11.980-81 oPERATING BUDGET
OF THAT AVIHORIZING THE CITY MIANA(;I•:R AND THE
:,, i-;- i; .;;5 'r. THE i'GRCHASI; ORDER FUR 'PHIS SERVICE.
(Hare follows 1)od, of rc-.solution, omitted here and or: file
in the Office of the City Clerk).
Upon beint, sec:on-Jeu ',,.. Co1;:---i.s,:i.oner Plummer, the resolution was passed and
adopted by the iullow.inj, vot-e.
AYES: Cornni ssik-�nt.i J . ;.. Plummer, Jr.
CM-Tili s5ionc r A..::;,indo Lac asa
_ Cornnissioner Joe Carollo
Vice Mawr iRcv.) 'Theodore R. Gibson
;•IaYL)r '0'a lr.: ce A. 1,'�rre
NOES: None.
ABSENT: :;one.
"L.ITTi_,. HAVA; A COAL UNI"I CENTER- 1
1_;I S7'I�llle":i- .Tan; i-Jr l:1 F�r�'lc_a S for the Little Havana
Mayor Ferro-uh
Mr. Plummer: I dun'*fi::L ,a00 worth Of difference.
Mr.. COX: Cmmni:�sll;ner, tlliS i : :ill t:;;t7.1late (ig, in. As you see, this is only
an appropriation. WC wc-nt out for bids on this item last year and because
of the uniquent.ss of Lit.tl, Havana aad the fact that it. is a 7-day a week
operation, it's 11.So a night of>t-r3tiOn to '.i certain extent and it was much
more expensive. Since that time, we aria now tearning down building, B at
Little Havana, Sn $60,0011"i might be more than we need at [his time.
Mr. Plumrlier: 1 move to defer 16(a) until the bids come In.
Mayor Ferre: rX1, wait 'i u:inute, wait a minute. Ale1i you better come
up and defend this bet.-ause as I understand it from what I asked you today when
I saw you at Dcniino Park, what's hat%;)c-ninb III uramer js that has become the
Embassy
Mr. Fosmoen: it's a
Mr. Plummer: You can't spend monies until you get bids.
Mayor Ferre: Tht:re is not a Marie] refugee that does not go there and we
need to keep that place cleaned up,
mh
Mr. Plummer: But Mr. Mayor, what I'm trying to say is, how do you know
what to allocate if you don't have bids?
Mr. Cox: Commissioner, you are absolutely correct, and if this item....
Mr. Plummer: Now, do you want $5,000 to carry you over until the bidding
procedure is finished?
Mr. Cox: No, sir, as far as I'm concerned, if Ms. Spillman will agree, this
item can be deferred until such time as we are ready to award bid. The
thinking was that wc, might be able to award it to an existing contractor which
we cannot do, so I do have to ....
Mr. Plummer: It's over $3,500.
Mr. Cox: That's correct, so in my opinion it could be deferred until the bids
come in and then ar, exact amount will be appropriated.
Mr. Plummer.: Mr. Cox, unless you tell me to the contrary, I am telling you
it should be deferred.
Mr. Cox: I don't want to answer for Ms. Spillman.
Mr. Fosmoen: Defer it, defer it.
Mayor Ferre: Why don't you just withdraw it?
Mr. Fosmoen: Dc-fer it, we'll come back.
Mayor Fevre: t,a•:.
W THIS J1CI1V ( ?HIS ITE;.{ WAS DEFERRED) .
1...tiOP, ;.i;"t: 101_;_1:i.'.T10N LICIASES TO ALO:ISU
FAGUNDO l';DUSTRIAL WASTE
5i:tiR,%FALL .`. ROBERT TRASH
SEriVICE, JA?lES SHEFFIELD AND U-";1TED St;'�-ITATIO,'� SERVICE.
Mayor Ferre: Plu,:r:TIc.r moves 1.9, Gibson seconds, further discussion,. call the
roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 80-911
A RESOLUTION AUTHORIZING THE ISSUANCE OF WASTE COLLECTION LICENSES
TO ALONSO BROS. TRASH SERVICE CORP., ANGEL FAGUNDO, INDUSTRIAL
WASTE SERVICE, INC., I.% FE: TRASH & WASTE SERVICE, RAFAEL & ROBERTO
TRASH SERVICE, JAMES SHEFFIELD AND UNITED SANITATION SERVICE,
PERMITTING TIiE1-1 TO COMNIF SCE DOING BUSINESS UPON FULL COMPLIANCE
WITH CHAP—.-R 22 OF THE CODE OF THE CITE OF MIAMI, FLORIDA
(1980).
(Here follows bodv of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Co�rrLmissioner Gibson, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Armando Lacasa
Commissioner Joe Carollo
Vice May( r (f« v.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
mh
187
72. C(","'iRACT IN TliE i-IOUL�T OF' :5,000
:1.:1) ;,SSc.,cLk ES CONSTRUC1I.0N CORPORATION -
� r:: r,I� t i _.:;?c,1 � i •.. P:fI}<".
The f0lltiiv:Lll:, 1c`:C`li'C. ir'1 !•"!�:-Lr1:Od,,1cFd by Cc' in?issi')nF'r i+i1 son, who moved
its adoption:
No. 80-912
A FE_S0iU'70:; AL'i'H'%`,.''::!':C INCEEASE 1N THE CONTRw'1• IN THE
AMOUNT OF S5.000 r?���}�ldT?1_�'� ;HE CIT•t 'O M11A'1I AND ASSOCIATES
CONSTRUCT ON Ef .'<i " ,', : FUR T}iF CUNSTiJ'C TION OF THE
LE`10N CITY i': RK, "Tu RF }'H()%,'IDLD BY TiiE FIRST
y �'I?:'•}; C�1.'•C•11:11 `I-`, }'1:' i•.1. )F;11;NT i'1;:�:)S .
(},('F! i'. j: );i.'r' :r., l ;tiQn, Omitti'O het-F' and on file
jn :: 11E• ,ill i"',' of l.i.-% _ i:. `: 1,I :�rhl .
Upon b� il.;_ ;;,.';.,nee Piuimer, the resolution was passed and
adopted by Li?C' 1,•ilo--,jing Ui:t''
AYES:
_ Cclr,; i ;1-1t. I .,.;r,cl c.,sa
C,r:T:liss?o
r R. Gibson
.i
NOES: N nc'
ABSENT:
7 {. is Ci : i . ,,:,,;•.:i E};'r.C'U i :•.( it}:f_;'.I:.`;T F(1F: PROFESSIONAL
nL1 L 11 ", HaMil t011 . I11C.. n
Stl';i:.]V(2 C1IC1liSC.Ti2ilt 311(j
i:...�2CSSer).
The ii':1.t:iLcii:}_, rco,'iut-LO'1 1:1Lroduced by Coitimissiluner Pluiru-er, 0.'}70 Inovcd
its adoption:
RIFSOLUTION NO. 80-913
A R1:.:�0I.TJTik)'v A!'T1:'.-<<.IZ7:.0 'HE CITY `'ANAGER 10 EXECUTE THE ATTACHED
AGREENi NT r;)L; I'it+?r C.`:�: i0',1. CC;:.SIL'LfANT SERVICES WITH BOOZ, ALLEN
6 lIA^111'Ii):. , i :�c' , , 1 } _;,;%' 1}i}: r1)R TH1'. IMPROVEMENT OF THE CITY' S
AU�11hi:='1RAT �'L i���: f;Ei1E:,"1 A',D �L NAGEMENT INFORMATION PROCESSES,
WITI! F'RU!"I THE CONTINGENCY FUND IN AA'
A11OU""1 0 i t i'...1• f.1? ...' ,' f , ilOCl .
(licit, omitted here and on file
Upon bt?�n;, ,ss cmir Lacasa, the resolution was passed and
adopted by the fui.ic.•,dir:g Lc
AYES: Cc;m•:�s�,ir,,:er ,l. 1•. 1'1•.11ar..,.r, Jr.
Conur.lssii�•r.��r .:�•t: C:.r��ilu
Viccr 't. �• . F'wi ,cure R. Gibson
Mayr)::i'.1ric L A. Ft..Le
NOES: Nonr.
ABSENT: hone.
mh
» 1"-Mk
t
i
OKDERI'�i:, KFSOLUTTON :
74. OKDEK :IA,O PHASE I AND DESTGNATE
THL PROPERTY - PLCIAL ASSESSMENTS SHALL BE
The following resolution was introduced by Commissioner Gibson, who movcc
its adoption:
RESOLUTION NO. 80-914
A RESOLUTION Oi )ERING MANOR HIGHWAY I'•IPKOVLMENT-PHASE I, rVND
DESIGNATING THE PROPERTY AGAINST Wli1CH SPECIAL ASSESSMENTS
SHALL BE ?t'lI)E F OK A PORTION OF THE COST THEREOF AS MA.\OR
HIGHWAY IMPRtAE1I1.N'i DISTRICT- PHASE 1, H-4465.
(Here follows b,adv of resolutio:;, omitted here and on file
in the Office (-4 th(., CitS, Cierk).
Upon being seconded b} Commissioner Plummer, the resolution was passed anti
adopted by the followinE, vote:
AYES: Com„nissiont�r J. i.. Plumnncr, Jr.
l�l:q; ltih i �inLY .. "...:irll0 Lacasa
Cclrai�. inner J je Carollo
Vicu Mayor (i ev.) Theodore K. Gibson
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
75. ACCI:P1 Bll.): BI*IFNA VISTA COM1 ff.�'ITY DEVELOPMENT
PAS I,�i� PR(JECT - PI'ASE `,' - BID "A"
MLyur Furre: Buena Vista, who moves?
Mr. Plumm% r: wait �, minute. Mr. Mayor, I have no objections to 22
and 23 eXCtzPt .11 Llle in Which they are' placed ittl thc, a},,enda, Cather,
where is Lhat n(Au `. ou i,a`: i2 mu? If `'ou look in the two items, Mr. Mayor,
it looks likt2 cIl one tl,eit- was an overrun of $42,000 and on the other one
of $20,000. When I chucked with the Department iti fact Lhese figures are not
a true refle,�tion of what happened, because the contract price does not
include the 1, ,- adtninistr;,tiVC co ,t I an, suP,gesting that in the future
the contract pri�u 5I10W t1w price oI the contract plus the 18/% and I think
that we'll �;c•t LI-ilel" 1?1Ctl1Yc' ill tiiC Iuture. If V011 have no problen, with
that I'll vote for 22 jnd �'. 'ir. C;<_t.h�r, do you hive any probl�n:S•!
Mr. Don Cather: 1 was just sug,;esting in -my note to you that we include
the engineers' estimatr anti than the contractors' bids so they would be
compatible..
(INAUDIBLI. BACKGROUND COY, ,E".:T PLACED OUTSIDE OF THE PUBLIC RECORD)
Mr. Plummer: Ali? k'ell, I don't care, I just don't want it to look
like on the ahenda. Apples and apples is correct.
Mayor Ferre : 1'1 utn:lur moves, second by Gibson.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
mh
1 0
A RESOLUTION ACCEPTING THE BID OF RUSSELL, INC. Ih THE
PROPOSED ;'``'`UNT CF 030,131.50 -- BID "A" (HIGHWAY) OF THE
PROPOSAL, VOR i;i':_.NA VI ;T V (fit?.'• 1UNITY PAVING PROJECT - PHASE V;
ALLOCATIK iill- 0JF $225,166.75 FROM THE "67H YEAR FEDERAL
CO'•L*RNIT' KEvE! tit= ; Ri.KK GFA'•: C F? NOS" AND THE AMOUNT OF $83,964.75
FROM THE _A ; , , AT K.W. '..i! ): Fi ";i?" TO COVER THE CONTRACT XOST;
ALLUGAf Kh 0011 011 N h1 5W; - 11h wIOUNT OF $ 3v ,004. 50 TO COVER THE
COST OF PROjEC:T EXPENSE; Al.lDCATING FROM SAID FUNDS THE AMOUNT
OF S6.I8`1 .RE _0K OF SUCH ITI':`I`. AS ADVERTISING
TES! ND 1K?,AbKj ALLOCATINn THE ADDITIONAL
AMLUN E P _ 1 n &! Qf ''Ii 10111AY K • O. BOND FUND" TO COVER
THE Ii DINEC:T COS]: ANP '.VIIt)0 ING THE CITY MANAGER TO EXECUTE
(Here follows no.dy of r Holuti.on, omitted here and on file
In thl On I_i r i.''ii' 1' C C i ork) .
Upon be 04 s, condwd ny l,c'nnisslone r Gibson, the resolution was passed and
adopted b; the following vote:
AYES: Cemmiss,. np, .i. ,. ' . Plummer,
Jr.
Commi;ss i,n )r ArT:indn l acas.3
QnMiSn i.O_..-r 'W :-arol ._;)
Vice Nayor (+'e. ? .":,eodore R. Gibson
Mayor Maurice A. Ferro
NOES: Nonc .
ABSENT: Nc nc-
76. CMUMKV :)U L To nron;
The f l a: i "g rc solut-ion was int rouuced by Commissioner Lar_asa, who moved
its adoptiwn:
RESOLUTION NO. 30-916
A RE:SULUTION ACCEPT7NG !HE BID OF P.N.M. CORPORATION IN THE PRO-
PGSED A.M01 IF $175,612.85, HIn "b" C,'RAINACE) OF THE PROPOSAL
FOR BULNA `.' i S i 'e CC ;?'Ii`.; I : Y PAVING PROJECT - V ISIA COMMIUNITY PAVING
PROJECT T -- PHA::L V; W T TH MONIES THEREFOR ALLOCATED FROM THE "STORM
SEWER K. u. t3UND C; TO! AMOUNT OF $1.75, 61 2.85 TO COVER THE:
CONIRAi.'i Cu;-T-; AL,I.0LA NG FROM SAID FUND THE AMOUNT OF $19, 317. 15
TO COVER THE. C:,,ST OF FRIMECT EXPENFE; ALIPCATING FROM SAID FUND
THE AMOUNT OF 03,512.00 TO ::OVER THE COST OF SUCH ITEMS AS
AllVERTi SINq, TESI1.NG LABORATORIES, AND POSTAGE; ALLOCATING FROM
SAID FUND dill_ WKYNT Or j7 41.00 To COVER THE INDIRECT COST;
AND AUINORLLING THE CI",'.' :11'.::'.G!?R TO EXECUIE: A CONTRACT WITH SAID
FIRM.
(Here. Kilows body of rusulutiun, Omitted here and on file
In the Offing of the C v Clerk).
Upon being, su undud 05 C�n". wfunvr Carollo, the resolution was passed and
adopted by the 011Ob.'i ng NOLO.
AYES: Cu:muis::iozler J. I.. I.1u:=,er, Jr.
(:ammi.ssioner Armando Lacasa
Cu m.issioni_r Joe C'arolln
Vice Major (Rev.) Theudcre R. Gibson
h1a r: r �i :rice A. Ferre
NOES: None.
ABSENT: None.
A- 0
MIt C i _7 1980
77. "1 i;)% n1' ??YLOYEF Wl" THE: RETIRE:-
':ia"I (I iH%: CIT) (11: M11:1:•1I (,F.:;F: ?I. E?fPLOYEES'
I'I,A,"', Zlia teems - Such it2; Louis A. de Jews -
Seat 4'1) .
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 80-917
A RESOLUTION CONFIRMING THE ELECTION OF LOUIS A. DE JESUS
TO SEAT #1 AND ILIA TFE-MS TO SEAT i`2 ON THE RETIRE?LENT
BOARD 01' :HE: I'll-AMI CITY GENERAL E1HPLOYEES' RETIREMENT PLAN.
(Here follows body, of resol-tition. omitted here and on file
in the Office of the Cite C:lerk).
Upon beint, seconded Lacasa, the resolution was passed and
adopted by the following; vote:
AYES: Cominissiorier .1. I.. Plum-ner, Jr.
Coll i ,S i.011L'r foe Carollo
Vi,_�, �1, Ivor (Ruv.) Theodore I_ Gibson
Mayor A. Terre
NOES: None
ABSENT: None.
tiL.,.I- :: t;F :t"�\E:Til ...APFISO:� :» 'r:EPRESI..:Ti�T1%'i: O1
tnd ROBERT E. h'EP_B:?CHER, JR. AS
OF CITY OI' MIAMI F IRE:IF.N TO THE RETIREMENT
Btu 1:0 OF THE C i 1 Y OI- : 1.A'41 CITY. E*tPL0,YEFS' RETIREMENT SYSTEM.
The following; re5011Itioli was introduced. by Commissioner Gibson, who moved
its adoption:
RESOLUTION NO. 80-918
A RESOI.UTIO'.: THE. SELECTION OF KENNETH HARRISON' AS REPRE-
SENTATIVE OF CITY OF tjL111 1POLICD- 1EN AND ROBERT E. WEILBACHER, JR.
AS REPRESLNTAT1VE OF CITY OF ytIAMI FlitDIEN TO THE RETIREMENT BOARD
OF THE. MIAY.MI C 1 T Y E"IFLO'i EES' RETI REIMFNT SYSTEM.
(Herr follows bode c,f resolution, omitted here and on file
in t:ie Of f icc (A till- (' tti'
Upon being sLcrnun �d�+d i�� C�u�issioncr Plummer,the resolution was passed and
adopted by the f,)llowingr, vore:
AYES: Commissioner J. It.. I lurnmur, Jr.
CoimrAssioner Ari:anou Lacasa
Coi,.imi.ssioner Jce Car. ollo
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferr&
NOES: None.
ABSENT: None.
mh 191
79. L. PLA"TIIER, 3R. AS THF. CITY
t IJ.; ;`. • ' 1<i }'hES'r'.'.:T:-'II':'I: t:JN BOTH THE RETIREMENT PLAN
SYSTEM 730ARD.
Mr Ylumrnor: 11; . .1a y.,r. ma,, i!;1-or for just a momo_nt'i better because it
might be crcot i ;till of us have rece1ved a like .letter
from'Ir. C;irt ii,' Mr. 'Sayor, ghat in effect is happening
at thE: pr•',(:il; t_ li!1P, tli, '_'.J1 1kc, ir&;, as you knnW the action of this Commission
has be•:-.i I.he Court. T,-chnicall ly, the Charter is
now not Deiil}' colt/ ;' 1 ',;iLi i; t lt:i1•.'i Bo:'Ird which SLateS tilat 1 Commissioner
shall t�;: 1. m ?iringiiig, Mr. Knox, from a legal
standr.,clint an : .�• '.i.on t h<lt i s t�ckhn by those Boards at tht2 present time, in
My IIPlF��`<11 ( l'.ltON, Wl•'111 i =1."its: t!iat there is a realm that it could be mis^
eonstruc+:i or t[IiIF Lioards arc not legally constituted,and I
am concernc•ii. 1'11 tei.:, �,ou how nuch I'm concerned, I'm willing to volunteer
to go sEr,e. Ni. I, -:lox, i; tiitrc_ is no (_oncern I'm n.-)t going to volunteer.
Mr. Knox: 'hat _ :1 t ima-,, �• i( (?rn.
'savor Ferl Ycs, wk arc' concei-rleci and we accept your very generous offer.
The Cilair , oul.d now Iil•:e to :.:npo'nt Mr. J. L. Plummer, to serve in perpetuity...
Mr. Plummier: Oh, no. 7o s,,-vL� until the determination of the court suit.
Mayor Terre: ;:il_ich will be years.
Mr. Plummer : Jc,r.' t that .
Mayor Ferre : : i:a.:b: .. ou, Mr. I'lur;uu r, thank )•ou, Lhank you. Lacasa moves
and Gib,zon. w,- accept. Flummer's kind offer. Call the roll.
The fol ot.ini-' r.',oticn introduced by Commissioner Lacasa, who moved its
adoption.
80-919
A MOTIC': APPOINTING C0:24ISSIONER J. L. PLUM!MER, JR. AS THE
CITY COM"IISSION REPRESENTATIVE ON BOTH THE RETIREMENT PLAN
BOARD A�::1 TiiE i�F.7'IkE�t'r_::I' SYSTEM BOARD.
Upon being Seconded by Corilrlissioner Gibson, the ;.lotion was passed and
adopted by t'le f <�; int; 7c,te:
AYES: Conani-sioner J. L. Plununer, Jr.
Coruui5sion,-r r'.rrlan(io Lacasa
Conmjissi,,ner Jc)c� Carnllo
vice *1a • c r t Rcv. ! ineociore t? . Gibson
Mayor Maurice A. Ferre
NOES: hone.
ABSENT: None.
mh
192
I
30. CLAIN SETTLE,tENT:
Gustavo A. Duarte and
Jose Amor Duarte.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 80-920
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO
GUSTAVO A. DUARTE AN!) JOSE AIMOR DUARTE, WITHOUT THE ADMIS-
SION OF LIABILITY THE SLIM OF $46,995.70, IN FULL AND CO?iPLETE
SETTLEMENT OF ALI, BODILY INJURY CLATMS AND DEMANDS AGAINST THE
CITY OF AND UPON EXECUTION OF A RrLEASE, RELEASING THE
CITY OF \,MATT FRO'l ALI. CLAIMS A:�D DE'MANDS.
(Here follows h,,,]: of resolution, omitted here and on file
in th, Of f ice of the City Clerk) .
Upon beint; seconded by Cor--,iissioner Lacasa, the resolution was passed and
adopted by the following; "'Otc:
AYES: Com::•.i>,;.ione r J. I- Pltnrmer, Jr.
C.otllmiSs ioner Arinando Lacasa
Commissicner Joo Carollo
Vice ?avor (Rev.) Theodore R. Gibson
'Invor Maurice A. crre
NOES: None.
ABSENT: None.
�1 ; . APPOI.;T F: DIVIDUALS TO THE ,,DVISORY COUNCIL O'�
I;EVEL.OP?ii*%T.
'.favor Ft rI t: : i bite up hC-'vc riot to vote.
AT THIS PoIN'I 'IHE 'dF^J)ERS OI' THE CITY C0?2111SSTON PROCEED TO LIST SEVEN
NAMES EACH THE CIT1' CLERK PROCEEDS TO TALLY THE VOTES.
Mr. Fosmoen: whilc you are deliberating, may I mention that I will be
out of to,.n durint the Chrit.tmas holidays and Mr. Grimm will be acting
as City Manager of
SUBSEQUENT 10 A Bi;II:F PLi\IOD FOR TALLYING OF THE CO."LMISSIO,N'S VOTES, THE
HEREINBELOt2 LISTED INDIVIDUAI.S VERE FOUND TO HAVE THE HIGHEST !TLT*SER OF VOTES:
I. Al.in 1;ostanthal
2.
"Iartin
Wals
3.
Juan E.
:'Icosta
4.
Paulin"
carbon
5.
Raphael
Lopez
_ 6.
Juvenal
Tina
7.
Raul Masvidal
� 1:�3
10
Mayor Ferre and Gibson sc-conds that the seven people who were
the high rote' be appointed, is there further discussion?
The followin- tesolutiori was introduced by Coruriissioner Plummer, who moved
its adoption:
RESOLUTION NO. 80-921
A RESOLUTION APPOIN7I`7(7, CERTAIN INDTVIDUALS TO THE ADVISORY
COUNCIL 0 ? TRA."A' A;;i) Cu;llxir-lw-,I�. DI'VELOPINIENT.
(Herf fc; iota., lbc jv of ,-<'solution, omitted here and on file
in the (;ffice of t'.ie t_:i t.v Clerk).
Upon bcint. ;ccoinde,1 by :oTr:xjEsioner Gibson, the resolution was passed and
adopted by t:: _ i c l ] o int; vot_t, :
AYES: Cn:llliiZ- _ nt�r J PIummt2r, .Jr.
Cnr^.,Ti:iS:- i:)ner A"mando Lacasa
Comaiissiorier Joe Carollo *
Vice Mayor Theodore R. Gibson
Mayor Maur ic,_ A. Fii rre
NOES: Nor'c..
ABSENT: None.
ON ROLL CALL:
*Mr. :4-i.ore I votc, in case there is any question, erroneous ques-
tion.,, of ; c u ': ! r ,n- m ember of the public, they will be wondering why
the odds wt. -c i; .::rsr ir.c from the first ballot, certain people have got the
vcte's... ( .:c ,) .'. l i'< to "':ike it, put it for the record, that out of the
five ta7: i'. : r i.11_ 7 :1' five. T vote "yes".
THE I'LA: . I.NG A!)%'I50FY
-- ular. 'iember�, and one for art
Mayo. FC,r! -,H up itern �-9.
Mr. Fosmocn: ?iiw_: L.i(_l,LenFtE ..i, Cyril Smith and Richard Rosichan, their terms
expire Dece;,,hur 3.st..
Mayor Ferre: So that we have three candidates? How many people applied for
the job?
Mr. Fosmocn: i.;i ht c.andivat.es.
Mayor Ferre: Gentlemtn.if you would take your ballots and in line 1 you have
one applicant, 1 ;,: an, three applicants for one place, is that it?
Mr. Perez-Lugonvs: It has t.iiree applicants for the Planning Advisory Board
in specific, tso %pplici_nts for either Board, and later on you will get to
the Zoning I.oard in spccif ic.
Mr. Carollo: Su for the Planning Board there are actually five applicants?
Mayor Fern: Ye
Mr. Carollo: How come wt, have more than that here? We have seven in the
material that you �; ;ve us.
Mr. Perez-Lugones: T don't know about that but I know what the Clerk gave me.
mh 194
-vV�
a 0
Mayor Ferre: How many applicants do we have? Do we have five applicants?
Lets see, we have Mary Lichtenstein, Aaron Manes, Cyril Smith....
Mr. Perez-Lugones: And then for either Board, if....
Mayor Ferre: Please, I'm trying to find out how many vacancies are there.
Mr. Perez-Lugones: There are three vacancies, two full term positions and
one alternate..
Mayor Ferre: I see.
(INAUDIBLE QUESTION MADE OUTSIDE OF THE PUBLIC RECORD).
Mayor Ferre: No, in Planning.
Mr. Perez-Lugones: No, in both.
Mayor Ferre: No, no, please. We are on item 28, 29 is....
Mr. Perez-Lugones: Mr. Mayor, we have three Dositions.
Mayor Ferre: That are vacant?
Mr. Perez-Lugones: That are vacant.
Mayor Ferre: And there are five applicants to it, is that correct?
Mr. Perez-Lugones: That is correct.
Mr. Fosmoen : Are any of the;n alternates?
Mr. Perez-Lugones: One of them is an alternate.
Mr. Plummer: N; w, how do we designate that?
Mayor Ferre: If you would, please, just put two names on the top and one
name on the bottom, or if you wish, put three names and will take it in crier.
Mr. Plummer: ^;o, ro, after the names for permanent put a "P" and for alter-
nate put an "A".
Mayor Ferre: J.L., I think it will work out if you just put three names
then we'll all get ... I doubt very much that we'll get five, so whoever gets
four will be the alternate.
AT THIS POINT THE CITY COMMISSION PROCEEDS TO LIST THE :TAMES OF
THEIR API'OiNTEES.
AFTER PROPER TALLYING OF THE COMMISSION VOTES, THE ASSISTANT CITY CLERK
ANNOUNCED THE VOTES.
Mrs. Hirai: Mr. Mayor, the results are as follows: Mr. Smith got 5 votes, as
a regular member; Mr. Manes got 4 votes as a regular member; Ms. Kolski got 4
votes as the alternate; and Mr. Beovides got 2 votes.
Mr. Plummer: I make a motion that Mr. Smith and Mr. Manes be the permanent
members and that Mrs. Kolski by the alternate.
Mr. Lacasa: Second. _
Mayor Ferre: There is a motion and a second, further discussion on the
motion, as made.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 80-922
A RESOLUTION APPOINTING THREE INDIVIDUALS TO THE PLANNING
ADVISORY BOARD.
(Here follows body of resolution, omitted here and on file
mh
195
E C 17198
A 0
in the Offie� of the City Clerk).
Upon being seconded by Commissioner Lacasa, the resolution was passed and
adopted by the follow --hip votP.:
AYES: Commis�ioii-?r .1. L. Pluminr�r, Jr.
Conniss`,oll t. ilr:nandc) i,acasa
Cor=is<,i..oner ,toe Carollo
- Vice. 11-laynr Rev.) Theodore R. Gibson
Mayor M;auricc A. Furre
NOES: None.
ABSENT: None.
q
83. APPOINTING TIIR':� i:,:D]%`_;?UALS TO T'.iE LONItiG Bo!Ahl).
'Mayor Ferre: =�,ke 11 i item. "Itl.
- Mr.
Carollo: .:i:t,. ou:
!- ,,.11 ..t the
-;L, people,
Mr. Mayer, are for zoning?
Mr.
Pere z-L.ugc,!:,s: Fcr
::.7n1_us;
have these
three plus Hilda Beovides.
Mr.
Carollo: 1?u. 11 !r
t lit• �,nes on
there?
Mr. %c. , these na;i:<_s arc for the unexpired term only.
Mr. Carollo: arc saving; the unexpired term only.
Mr. Yerc:.-L,t;un s: 'I; at t.l;u ,one that you deif-rred about maybe 3 or 4
weeks ago.
Mr. Carollo: In words, none of the names at the bottom can apply for
the other three po;irions?
Mr. Pei " c., they cannot be included.
Mr. Plummer: :, what you are saying is that after this, we will
still have one mr rc- to go for the unexpired term.
Mr. C:,rrect.
Mayor Feire; Pi: ri�:,nt, so you've. got. S people that you can vote on. They
are Beovi(los, Kolsk4, , Barro, Ba.,;ila and Freixas.
Mr. Perez-Lugonts: i'utl'v ,3iready have chosen Kolski as the Alternate on...
Mayor Ferre. fill ri;,ht, »c have onl, trot four people to vote for - Beovides,
Baro, Basil.i and irei::as.
AT THIS TIT" CITY CW-IMTSSICi;: PROCEEDS TO LIST THEIR APPOINTEES
AhU CITY C1.1:R_", Tk:) TF,1.1,Y TNE, V01f. S .
Mr. Jack Alfonso: Mr. Mayor, ii 7 may, for the record, my name is Jack Alfonso.
That don't ;near. r_.n ti;in ; but I :ippliu-d for the vacancy myself, I wrote the ap-
plication and I fil,:?d it n;� Lnd it's not there, the record doesn't reflect
the truth, c},;Ay.l I kl,ua this :s not going to mrarl alt`,Cliin} 1 know your vote is
already in y."sr a in ; !;i1t it doesn't rNf lect the truth. don't want any hanky-
panky, Mayor.
Mr. Perez-Lugones. Mr.,fayor, that is the information we have received from
mh
146
#
*the City Clerk regarding to people who have applied pursuant to two dif-
ferent ads in the paper.
Ms. Hirai: I think the confusion is, Mr. Mayor, there was one Zoning vacancy
to fulfill an unexpired term.
Mr. Plummer: That we have not done.
Mrs. Hirai: That was advertised separately and it had a different deadline.
Now, what we are doing, I think, is the second group -which we have done in
reverse order- where we have two permanent members and one alternate. So
then next, should come the group where Mr. Alfonso applied.
(BACKGROUNDS CO%1DEN7S ARE EXCHANGED, THOUGH NOT PLACED ON THE PUBLIC RECORD)
Mayor Ferre: Are we ready to count the votes'' Call the votes out, please.
Mrs. Hirai: Mr. Mayor, the results are as follows: Baro got 4 votes, Basila
got 4 votes, Freixas s;ot 3 votes as Alternate, and beovides got 1 vote. Commis-
sioner Carollo's paper reads: "no comment".
Mayor Ferre: A11 right, is there a motion that Baro and Basila be appointed as
permanent and Freixas as Alternate.
Rev. Gibson: Move.
Mr. Plummer: I second.
Mayor Ferre: It's been moved and seconded, further discussion, call the roll.
The following resolution was introduced by Commissioner Gibson, who moved
its adoption:
RESOLUTION NO. 80-923
A RESOLUTION APPOINTING THREE INDIVIDUALS TO THE ZONING
BOARD.
(Here follows body of resolution, omitted here and on file
in the Office of the Cite Clerk).
Upon being seconded by Commissioner Plummer, the resolution 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 Carollo
ABSENT: None.
® g:,, IDISCI'SSIO:N_ A:,D OF APPOINT.,!! :�T OF ONE INDIVIDUAL TO
FULFII_I. A:; TF-E.'i 0:, THE ZO':1SG
_ Mayor Fc-rre: Now, 1,e have the unexpired term on the 1_oning Board. ire have
7 applicants.
Mr. Plummer: Fui- what?
Mayor Ferre: There are 7 applicants for the unexpired term of the Zoning Bd.
Is that correct? All right, now we are going to vote on this one.
mh 1,9
1 0
Mr. Lacasa: Mr. 111ctyor, I_ would to ask for a deferment, to defer this one
until the next Cit,; Goimmission meeting in view of the confusion that there
has been. I want to r.ev1ew this particular situation, so I move for a defer-
ment on this.
Mr. Alfonso: Mr. Mayor, as 1. applied on time why was I left out?
Mayor Ferrc: 1 don't know, don't ask me.
Mr. Alfonso: Why? You are the Mayor, you are the man of the hour.
Mayor F'erre: Okav, I'll go like this and defer to the individual who is in
charge.
Mr. Alfonso: Let me ask from the only friend I have, `Ir. Carollo.
Mr. Lacasa: I hay..• a mctfnn, ttr. Mayor, to defer this. Is this part of the
discussion on the motion - wiuit :'
Mayor Ferre: %11 right, ,hare i�: .a -,lotion on the floor, you have the right
to ask the question, you w111 ,'et a': answer after the motion. Now, there is
a motion c .•, the i s them a ec.cind';
Mr. Plumm^r: W, 11 , for tho ;art:c.>c ; of discussion 1' 11 second the motion,
okay? 'rt N, ;ruit r it .i:= r•%, understanding, if we defer that these
_ names that are th<r tic: 1.:.ked. Th.rt_: will be none added to nor deleted.
Under th,r3 co.: ]i.t i _ ns, I' ] ]. ,,o inr the deferment.
Mr. Lacasa: That :is .-orrcrt.
Mayor Ferre: :.s.11 now, Alfonso has asked a question and the question is
if he....
Mr. Jacinto Alfonso: yes,to the City Clerk, as I specified I applied on time
why wasn't I le'f- cut. knrv;'
Mrs. Hirai: l,tr. .'.if'.nso, ti'ou were not left out. We have done these two items
in ruverse order. Tit_ Cit.-,' Clerk's office advertised twice. First, we ad-
vertised f:w tho : r _ :ha . you a-)rl i -d which was to fulfill an unexpired term
Mr. Alfa nsc: '-, �1.1' S:a, 1 Ap,-Il iecl for the vacancy. 10 Ma'am, it's right there
in my applic�s�,ion.
Mr. Pluuuier: kati:ur than to sit Here and argue this out tonight, Jack, right?
if in fact ^.,u r�ry correct., then when we reconsider this other situation, we
can reconsider your applicat.i.orL. If in fact, Matty is correct, then it stands.
Mr. Alfonso: right there, ask the City Clerk.
Mr. Ongie: IiI ap,)lic:atior: was received -was time -stamped by our office on
October 24th at ]:OG P.M.- it was included in a letter that I sent to havid
Leahy dated t "cr.ii . that he is in fact a registered voter. It
would see:t: tn;i: :ill o, this ir: in order and apparently tho only error was in
the memnrandur,: to Ilr. P: rez. But it would appear that the applica-
ticn was
Mr. Pluruncr: ' eIll, 1'tn point; to tell you what, okay? I'm still going to stick
by what 1 have just said, that as far as I'm concerned you take this whole
matter in rel::inn rc Zcnir,s. I don't find any of these other names listed
down below. So find that at hest it's confusing. If your determination is in
fact that what N,3! t y has stated, then cahat we have done stands. If in fact it
is not corn c c" , t 1-ri .:t ti:e t ime we consider the unexpired term, we will re-
consider thi:.
Mr. Alfonso: But 1 didn't apply for the unexpired term, and I am entitled to
being considered, I am not supposed to be left out because you want to.
Mr. Plunuuer: Jack, if th Ill is Lbt! case we will reconsider that position, do
you understand w':at I'm
Mr. Alfonso: I know, i blew you are going to leave me out again, and that's
mh 1 9S
not right because I applied as a citizen and as a taxpayer, and I don't
want to but if I have to challenge that in Court, I will do it, sir.
Mr. Plummer: Jack, at this point, you have not been left out of the unexpired
term.
Mr. Carollo: Gentlemen, if I may read item 30 it says: "It is recommended
that three appointments be made to the Zoning Board to fill three full term
vacancies for a period ending December 31, 1983 as per attached Resolution."
The names that are given to us, to all of us, for these three vacancies are
Jacinto Alberto Alfonso, number 1; Alicia Baro, number two; Ruth Alexion Bartoli,
number 3; Gloria M. Basila, number 4; Reinaldo S. Cruz, number 5; Lawrence D.
Cushing, following one Sampson Rogers Hare, Patricia Kolski, Richard Barry
Rosichan, Ruben Santana, and Jeffrey Hcward Watson. This is not what is re-
flected un there. so if we are given this.
Mr. Alfonso: I vant you to vote no for me but don't go with that technicality
because it's not fair, that's your privilege, you can vote against me and that's
okay with me, but I want that you say so, you tell me you got confused but I
want it in front my friend, for or agains
Mayor Ferre: Say it into the record, wait a minute, the Clerk is telling me
something here Jack which I think we have to understand so that before you go
to Court You know what you are going to go to Court on and what you are saying
is humanly, physically and numerically, chronologically impossible. Would you
explain 2
Mr. Ongie: Well, the only thing that I wanted to explain is that *ir. Alfonso's
thing was received ... his indication to be appointed was received by my office
on October the 24th. The ad, the advertisement in the Miami Herald that con-
cerned the appointment of members, the permanent seats now, did not appear
until November the 17th. His application was received prior to that. The
deadline for this particular advertising we would have not considered prior
to this advertisement and the deadline was December 1.0th.
Mr. Plu:mner. At the time Mr. Alfonso placed his application, the only opening
was for '�Ite unexpired term
Mrs. Hirai: That's absolutely correct.
Mayor Ferre: You were on time for one but not on time for others because you
could not have applied when there was nothing to apply for until after November
17th.
Mr. Plummer: No, the point is, if he was to be considered for both he would
had to put in a second application. That's the point.
Mr. Carollo: Again, my question, whoever the individual responsible for this
to answer this to me. Why then was his name along with other names that do not
appear in there were given to us as the people that were going to be considered
for these three positions:!
Mr. Perez-Lugones: Commissioner, I do not have an answer for that because that
list doesn't come from my office.
Mr. Carollo: Where does it come from, sir?
Mr. Plummer: It was signed by Ralph Ongie.
Mr. Ongie: His name appears in a letter dated November 21st.
Mr. Fosmoen: Let's find out what piece of paper he is talking about.
Mayor Ferre: Well, anyway, does anybody have any further thing to say or
change their votes, or anything they want? All right, further discussion on
the unexpired term, call the roll.
mh
199
DEC i 719$n
0 0.
(STATEMENTS EXCHANGED OUTSIDE OF THE PUBLIC RECORD)
Mr. Plummer: Jack I'm trying to address the problem that as to whether
or not the application was filed timely. There is a difference between
item 30 and 31.
Mrs. Hirai: That's right.
Mr. Plummer: That's why they are listed as separate items.
Mrs. Hirai: Exactly, he applied timely for the unexpired term.
Rev. Gibson: Are you saying that if he wanted to apply for that, for the
regular term, lie would have had to apply when? Mr. Ongie?
Mr. Ongie: I'm sorry, sir, I didn't hear that.
Rev. Gibson: He said that his application on there applied to the unexpired
term, if he had to apply for the regular seat when would we have had to apply?
Mr. Ongie: The advertisement appeared on November 17th and the deadline for
filing of applications was December loth, for the regular seats.
Mayor Ferre: All right, are we ready to vote now? All right, Mr. Clerk, call
the roll on the deferral.
AT THIS POINT, THE ME1,1BF.RS OF THE CITY COMMISSION,
ON :`LOTION DULY MADE BY CO*DIISSIONER J.L. PLUMMER, JR.
AND SECONDED BY CO`LMISSIO\ER AR,'1U1tiDO LACASA,
DEFERRED THE HEREINABOVE ITEM 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 Carollo
ABSENT: None.
85. APPOINT ONE INDIVIDUAL TO THE 0%'ERT01ti:,-CONE' UNITY
DEVELOPMENT ADVISORY BOARD.
.4. -^7''4._.T.
Mayor Ferre: All right, We are, on item 32
Mr. Fosmoen: This is one appointment to the Overtown Advisory Board in ac-
cordance with the Citizen Participation Guidelines adopted by the City Com-
mission. The recommendation of the Advisory Board is that DA.NA DORSEY CHAPMAN
be appointed to fill the vacant position. If the Commission chooses to defer
this, you know, we are almost through the Planning period for Community De-
velopment. I would encourage you to....
Mr Carollo: Well, I hope my colleague Commissioner Lacasa keeps a good sense
of humor that I see he has tonight with a good smile for many months to come.
Mr. Plummer: What names are being proffered?
Mr. Fosmoen: The only name that has been proffered by the Community Develop-
ment Advisory Board and recommended by them is Dana Dorsey Chapman. She is also
a member of the Economic Development Group for Overtown.
Mayor Ferre:
call the roll.
All right, Plummer moves and Lacasa seconds, further discussion,
mh 2`10
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 80-924
A RESOLUTION APPOINTING DANA DORSEY CHAPMA_N AS A MEMBER OF
THE OVERTOWN COt4MUNITY DFVELOPML NT ADVISORY BOARD, IN AC-
CORDANCE WITH THE CITIZEN PARTICIPATION PLAN FOR THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM.
(Here follows body of resolution, omitted here and on file
in the Office of the Citv Clerk).
Upon being seconded by Commissioner Lacasa, the resolution was
passed and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Armando Lacasa
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: Commissioner Joe Carollo
ABSENT: None.
36. AUTIIUR!Z1. PLRCE,%SE OF ONE ROTARY RIDING ROWER (for the
fart_ :�Eartsnentl er:dor: De-Lra Turf and Industrial Equip -meet Co.
The follcwin& resolution was introduced by Comn;issioner Plummer, who moved
its adoption:
RESOLUTION NO. 80-925
A RESOLUTION ACCEPTING THE BID OF DE -BRA TURF AND INDUSTRIAL
EQUIPMENT CO. FOR FURNISHING ONE ROTARY RIDING MOWER FOR THE
DEPARTMENT OF PARKS, AT A TOTAL COST OF $7,179.00; ALLOCATING
FUNDS FROM THE 1980-1981 CAPITAL EQUIPMENT BUDGET OF THAT
DEPARTMENT; AUTHORIZING THE CITY MANAGER AND THE PURCHASING
AGENT TO ISSUE THE PURCHASE ORDER FOR THIS EQUIPMENT.
(Here follows bo::y of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Armando Lacasa
Commissioner Joe Carollo
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
mh
201
DEC 171980
87. ?l' :.i':iI- ii;5. CITY G,C MMISSION
i Nf" I:'. 1 _.?I '•i0 T11 nF IANI'A'r.`i
The f.ol1 ,:;; r' ,:.i;tiu:, ,a raja d by Co,nmissioner Plummer, who moved
its adoption:
R1-',,0W-FfON NO. 80-92b
A RESOLUTION '1"14F REGI'LAR CITY COKMISSION 'MEETING
OF Jt1.NUARY 8. 1981 TO TAKE PLACE ON JANUARY 15, 1981 AT
9:00 �..IN.
(41erc_ f .i ;:c•.i : e: so.iul inn, omitted here and on file
in t!iv Ci• ('lark) .
Upon being, se:_e nc:e:i b:, Co,u:u.saioner Lacasa, the resolution was passed and
adopted by Lhe vote:
AYES:
Colnrais :; •�r,�r A.:-.an<1:� Lacasa
co,:-,- .i . _; i •.. . C a r o l l o
the odore k. Gibson
,:av,or . .;.r.;, A. Ferr.e
NOES: Norge:'.
ABSENT: None.
68, C..L; ,. ,: i _ ., I_.,.a Or ;i1::d! J0 SUPPORT i;'r'FC1i T5 TO RE-BUI1.11
t:};E Ut•._'.At:F.;1 ..t:Ei.., I;; . tale.
Ttee toils ins ,- 1-solution waS is troduced by Commissioner Lacasa, who moved
its adopti,•z::
RESCLF 11(J2, NG. 80-92 1
A RESOL_1:CCIN FXFA' :SSIN'�, 1'ril% DEEPEST SYMPATHY AND SINCEREST
C0:%1)O1,E";CFS OF 'I riF CITY C�1'2.1ISSION, ON BEHALF OF THE CITY OF
MIA;•iI ?- l' 1T To THOSE ITALIiV S WhO SUFFERED THE
LOSS OF F<<."111-Y, 1't:i !.: 7 tV1 D PROPERTY DURING THE RECENT EARTH-
QUAKES I.Mi URA.: 4" , l.i_ TG j0IN WITH THE ITALIAN CONSULATE
IN ASSIS'II.I;G 12; 'liiL lc:'_lil':L!)lI�G OF THE VILLAGE OF EBOLI THROUGH
CONTk, i;Ci lti:; IHE I1h1 _iL: CONSULATE; A,�D DIRECTING THE CITY
CLERK 10 F ;ii-.46-D A t.iiP'r --F 1HE HEREIN RESOLUTION TO THE ITALIAN
CON SI'i A
(Her_ ws bod,,• of re. ol:;tion, omitted here and on file
in c.0 the City Llerk).
Upon heir:;• =e .,r,9 i Gibson, the resolution was passed and
adopted by tn., r. 11-wi.nl, .-Le:
AYES: J. L. I'1w:unrr, Jr.
Cum,.,,i..5ic,,ter Armando i.ar'al;a
mh
202
(vote continued on next page)
nFr, 1 7 1980
0 0
AYtS (cont'd):
Commissioner Joe Carollo
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
89. ALi.00ATF. tit, 800 TO '1'Hi LEAt;i E AGAINST CANCER for
The following; resolution was introduced by Commissioner Lacasa, who moved
its adoption:
RE50LIIIION NO. 80--928
A RESOLUTION %%LOCATING $1,800 FROM SI' CTAL PROGRAMS AND
ACCOUNTS, QUALITY OF LIFE PROGRAM, CITY WIDE EVENTS TO THE
LEAGUE AGAINST CANCFR FOR PROMOTIONAL EXPENSES INCURRED
IN STAGING (HEIR A G ST, 1980 TELETHON, HELD AT THE COCONUT
GROVE FX!;_1 B ITin; CENTER.
(Here follows bodv of resolution, omitted here and on file
in the Office of th,� Cite Clerk) .
Upon beink se,.o-ndcd b\ Co:x,iissioner Gibson, the resolution was passed and
adopted by the following vote:
AYES: Counissi_oner J. L. I'lummer, Jr.
Commis- inner Arlllandu Lacasa
Commissioner Joe Carollo
vice *savor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
Al "; I,:1Ri, I: CASE TRAN I`K AS NTF"iEi) BY THI: GENE1`%11 Pt It, 1,-
To COVER CASII DIAFICIT CREriTED 1,Y L17T
Mr. Fosmoen: I!i. "..;':�r, before :ou ali leave. We have four non-scheduled
items, S?veral of HI11C11 at lt'a l UnC c!1 which, trust havc VOur attention, , nL;
that is a transfer of Cash because ire not recelvini, our tax receipts In
timely fashion (Iuc, rim i. _:li , to the Tl:lM hill. 1;e need an authorization
for a cash transfer in an amount riot to txceed ;y,000,000 into thc'i:eneral 'Fund
from the Ca pi.tal :mprovemt:�.nts Program Fund during; the month of December. This
is not a problem that we created, rather it has been created for us by other
units of government.
Mr. Plummer: Well, the alternative is that people don't get paid.
Mr. Fosmoen: Or that checks start bouncing, yes, sir.
Mr. Plummer: We have no choice.
mh
203
A 0
Mayor Ferre: Gibson troves, Plummer secoAus, further discussion, call the
roil.
Mr. Plummer: Wait, wait, wal.t. You are not going to do that without a
paper put in front t:::ne.
Mr. Fosmoen: Co,[r i ne:, we distributed materials to you before....
(INAUDIBLE CONL ic:N PS OUTS iDE OF ThE PUBLIC RECORD)
"fr. Plummer- 1 don't ! n
(INAUDIBLE STAI .-ll'.'� t'LAC1 D (UTSIDE' OF ThIL PUBLIC RECORD) .
Mr. Fosr[oen: ;+ sir.
Mayor Ferre:
Rev. Gibson- 'ies.
Mayor Ferre: Call. the roll.
The following resolution was introduced by Commissioner Gibson, who moved
its adoption:
RES(;7.I'1i0N NO. 80-929
A RESOLUTION AT;' HOn11:ING CASH TRANSFER IN AN ZOIOUNT NOT TO
EXCEED NINE MIT_LL0:3 D')LT.P_i S AS NEEDED BY THE GENERAL. FUND FROM
THE CAPI'L:'{L FIND DURING THE MONTH OF DECEMBER, 1980,
_ TO COVE:, CR.EA rTF.D a' 1-ATE COLLECTION OF REAI. ESTATE
TA,lES, T:' 19SI.
(H?re fool a, ccsoluticn, omitted here and on file
in LEic f'l er.k) .
Upon boinr Plummer, the resolution was passed and
adopted by the t of i o JA,
AYES : jr.
j-i)c carollo
Vice May,,, iia•v.) Ti:eodore R. Gibson
Mayer �!. iUl:1Ge A. Terre
NOES: None.
ABSENT: Nalle.
TO I:?:CEEh $30,000 AS ADDITIONAL COMPEN'SN-
!i1:;1i�" i;F FAIL, Li,L.ND1', BEILEY AND HARPER FOR
ofT13I'- C1TY IN L] ONAR1� GATES V C' TY
Mayor Ferre: Now, we hzi-e two aor, . One is tile Extending of Professional
Services for $30,000, is that- the one':
Mr. Fosmoen: '1ht..; are i,c,ti� ?[!r P;[..1, L.andy.
Mayor Ferre: Ya,: t';osc tl[ir,r, ol:t. How come I've got them here on...
Did you pasE the i;; nl,t bef ortc '.
Mr. Fosmoen: Yes, vc di,i T.as them.
Mayor Ferrc-: f:t:l:, , I 1: ::I I [.hem on top of my desk so.
Mr. Plummer: Yol throw that stuff at us, Angela, I put it there, I can't
find it.
NH 204
Mr. Fosmoen: I'll tell:. you what., we'll. flag it with some kind of color
code.
Mr. Plummer: That would be a damn good idea.
Mr. Fosmoen: If we pass it ouL to you during the day of the meeting,
Commissioner, or Mayor, we will color code it for you.
Mayor Ferre: In the meantime, -we've got two motions here for Paul, Landy,
Beiley, whatever their name is, on these lawsuits that we have. Questions?
All right, is there a motion:
Mr. Plummer: Yes, explain that.
Mr. Howard Gary: Well, sometime ago the City Commission authorized the then City
Manager, Joseph Grassie to employ the firm of Paul, Landy, Bailey to handle
the Gates case. That cost was $60,000. We have, because of the appeal process,
exceeded the $60,000 and we are estimating that we are going to need an ad-
ditional $30,000 to finish that process.
Mr. Plummer: It says here "$45,000".
Mr. Fosmoen: No, there are two. One $30,000 and one $45,000.
Mr. Gary: That's for 2. I'm talking about 1 now for Gates. Gates is for
$30,000. Now, while we were going through that process we were taken to Court
in litigation on two other issues. One was an underfunding issue because we had
the 5% limitation which was adopted. We were taken to Court on that and xae ir.medi-
ately had to have an attorney to go to Court to defeno tre City on that particular
case and we have to come back to the City Commission to get funding. And the
second one was the ordinance, the reorganization ordinance which came up and
we also had Beil(.y respond to that, Paul L.andy, Beiley. So we are now asking
for authorization for S45.000 to handle_ those additional lawsuits with regards
to pension funding and pension reorganization.
Mayor Ferre: Come on Plummer, you arc the expert on pensions.
Mr. Plummer: It's not a matter of being an expert, this is the other side of
the coin. I don't see where the City can do anything less, I really don't.
Mayor Ferre: Plummer moves, Lacasa seconds, further discussion, call the roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 80-930
A RESOLUTION ALLOCATING FUNDS NOT TO EXCEED $30,000 from the
CITY'S SELF-INSURANCE TRUST FUND AS PAYMENT OF ADDITIONAL COM-
PENSATION TO THE LAW FIRM OF PAUL, LANDY, BEILEY AND HARPER
FOR THE CONTINUED REPRESENTATION OF THE CITY IN THE CASE OF
LEONARD GATES V. 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 Lacasa, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Armando Lacasa
Commissioner Joe Carollo
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
mh
20D
DEC 1^�
92 . AUT110R i.ZF; C 1 'i r'�TTOR:;EY TCr H 2 1;F: 1 I R i OF" PAUL, LANDY, BAILEY
AND 't'.:,rF'}'?; 'j!' ?F'J'R}.:;;:;il' CI 1Y I;; 71'E CASE OF BOARD OF TRUSTEES
Mr. Plummer: t'}ir ,. :%,re two r.e oict ic:zs, one for $30,000 and one for $45,000
I assume they'vc c, voted separately.
Mr. Fosmoen: vc�- ar•.:
Mayor Ferre: Plum-ner moves, c;ibson seconds, further discussion, call the roll.
The foll,)wing > <?s-r1.uLion w:.,i:, introduced by Commissioner Plummer, who moved
its adoption:
F.I:SULll FILti NO. 80-93I
A RE501_: T I -ON A TiiC;;, i e; L.'N(, J:HE C 1 'l')' irT'J OKNEY TC Hi RE THE LAW FIRAS
OF PAUL, 1. LNIT, BEILF.Y AND ILA},PER TO REPRESENT THE CITY IN TRIAL
AND AFPEJ_'.f+I t: 1,E% EL WORK IN THE CASE OF BOARD OF TRUSTEES OF MIAMI
CITY F' 1F1-, ' ?.E: ;' Ftt:T l ;',1:.`iI `;T SYSTEM ET AL. V. CITY OF MIAMI, ET AL.,
AT A F'FF -U! 1(, E';.' I;1) :45,000, UYLF,SS FURTHER AUTHORIZED BY THE
I.T`Y C(?``::` '-' a c ': , i ; h FUNDS IT7 FREFOR ALLOCATED FROM THE CITY' S
SELF-I`d5 ;t..=�;Ci Ti:L'S'i I C.ND.
(He.-s i . ?:... ho,',, •); i-esolr:tion, omitted here and on file
Clerk) .
Upon being , +:rr':,.it'C L--.' Cu-,--tissiuner Gibson, the resolution was passed and
adopted by the i ;:. : t t e .
AYES: Cei'mi ,- ic,ric r ?. L. Plummet , Jr.
Corirds,,io?ier ne Carollo
Vi.cu Md %-, i (Rov. ) . Theouore R. Gibson
M<-ryor 'i:°,:rice A. Ferre
NOES: None.
ABSENT: None.
93. n.IHCiRiZE C1'1.' Pi AGEI; TO ACCEPT CERTAIN LOTS IN THE
CITY c.-i Mhl ll FROM 'u PHILLP MEDV1N.
Mayor Ferre: Anvthing <•I se?
Mr. Fosmoen: The or}ier one iE a donation of a vacant lot, Mr. Mayor which
will help 6cc,mec;nc w,,-h their taxes problems for the year.
Mayor Ferret. ,,i;,it .
Mr. Fesrr.oen: `h--=re IS a vacant lot heir-ig donated to the City, and they've s
asked that we receive it prior to the end of the year. They want to get the
donation over wit): Dt-tore the end of their tax year.
Mayor Ferre: A,, ri,!,i:t, L-casa rno�,�_:., Gibson seconds, further discussion,
call the roll. Woui,i ynu identj-fy it for the record what the name of it is?
Mr. Fosmoen: 'Thy., i,ne lot in Cor.onuc Grove, Mr. Mayor, from a Philip
Medvir:.
Mayor Fc-rI'u. l!r,. �,__ t.,.. i.,,, 206
0
The following resolution was introduced by Commissioner Lacasa, who moved
its adoption:
RESOLUTION NO. 80-932
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT CERTAIN LOTS
IN THE CITY OF MIAMI FROM M.R. PHILIP MEDVIN IN THE NAME OF HIS
DECEASED PARENTS, ABRAHAM AND FREDA MEDVIN, AND THANKING MR.
MEDVIN FOR HIS GENEROUS GIFT; AND DIRECTING THE CITY CLERK TO
MAIL A COPY Of THIS R}:SOLUTIOti TO MR. PHILIP MEDVIN.
(Here follows body of resolution, omitted here and on file
in the Office of the City,, Clerk.),
Upon being seconded by Cormmissioner Gibson, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Armaa6o Lacasa
Commissioner Joe Carollo
Vice Mayor (Rev.) Theodore R. Gibson
Mayor Maurice Ferre
NOES: None.
ABSENT: None.
94. DISCUSSION: CITY'S ENERGY PROGRAM.
Mayor Ferre: Ar,-;thJng else? Father Gibson.
Rev. Gibson: Mr. Mayor, a gentleman came to see me two days ago regarding
the energy program we have. Mr. Manager, what is that program and what are
we doing about it?
- Mr. Fosmoen: I would break that question into two parts. First, an energy
program as it relates to our Building Code and trying to enforce some energy
conservation measures throughout the City on private buildings. That effort
is being handled by the Building & Zoning Department. The second effort is
an internal effort in the City itself and is being handled by Eddie Cox. We
are, through Mr. Coy;, initiating a series of cost saving/energy saving initiatives.
I can prepare a full report for you for the next Commission meeting if you wish.
Mr. Plummer: Go back to the first.
Mr. Fosmoen: I thought you would.
Mr. Plummer: The first one is that the State funded it for the first but the
State did not fund it for the second. The contention that arises is that if
we don't fund the second year, we will not have a complete study and, as such,
will not be able to realize the savings. It does not resolve itself just to the
internal.
Mr. Fosmoen: That's right.
Mr. Plummer: It does resolve itself to street lighting and there is a number
of other things. Now, all I think Bob and I are saying is we want an answer
back, is it money well spent for the $18,000 to fund it in the Building De-
partment.
mh 20,E
DEC 17 1980
Mr. Fosmoen: I un<i C-nd ..hat issae is out there, %. .missioner, I just have
not had a chance ro ,udress it v,-�L.
Mr. Plummet-: So -.at- grant more time?
Mr. Fosmoen: Yes.
Mr. Plummer: So we'll discuss it then on the 15th.
Mr. Fosmoen: We'll do it on the 15th.
Mr. Plummer: A1.1 right.
95. CITY COIDI,. SIGN EXPR-! SSICN OF COi�DOLENCES TO THE, FAMILY
OF GAPTAI.i? FELiX LII;A'ANO (FATHER OF THE SISTER CITY PROGRAM)
ON HIS Re:CL\T PASSING AWAY.
Mr. Plumtner: mr. .ni . a_ yui. are wall aware, the m.:Ir who really w<s the
Father of tht i:: r C:i.ty 'ro�,rt:n, Capt. Felix Lievano, from Bogta, passed
away Sunda-. 7 ist., ;;i..` T think so:vethin�, a -y..ri pri.ately fr,-,in this City should
be sent to 't _:- , <,mLl v in Bogora expressin� 01.1: condolences on his passing away.
Mayor Ferr(�: Piuilm;Qr moves, Gibson seconds, further discussion, call the
roll.
The follot,in; r..,)ti"n ws:; introduced by Commissioner Plummier, who moved its
adoption.
MOTION NO. 80-933
A MOTIO?< E`:PRF.SSIN.G CONDOLENCES ON BEHALF OF THE CITY OF
MI.kMI TO THE FA-MILY OF FELIX LIEVANNO, THE FATHER
OF THE 5 ,I't:i: CITY PKOGPv%M, IN BOGOTA, COLD*iBIA, ON THE SAD
OCCA 10'; i;IS PASSING AWAY.
Upon being, seconded by Commissioner Gibson, the motion was passed and
adopted by the '-c-.' :" ; i; ; vote .
AYES: (:uamission-r J. L. Plummer, Jr.
Commis.ioner Armando Lacasa
Comimi�-,inner Joe Carollo
Vice Mayor (kev.) Theodore R. Gibson
Mayor *iaur'.ce A. Ferre
NOES: None.
ABSENT: None.
FOLLOWING ROLL CALL:
Mayor Ferre: I'd I iKe to ask Cesar Odio to personally tomorrow, before the
end of the week, Make sure that that Resolution is brought to members of the
Commission for their signing and if I'm not here, which I wont be since I'm
leaving '_)ric,rruw, have somebody sign it for me, or have somebody stamp it
or whatever, �:O tiu t that thinp, can get out as quickly as possible.
AS TO COVEK:;OK' S APPROVAL A:�D RECOM-
il (iF fll k l ' S REQUEST FOR $500, 000 FOR THE
Ti?lu!: tiiir'! :�:'.rf:ILf�S' Ii7E?ti':1l'M.
Mayor Ferrt: I'li r7_,e )'On a bit uI gc,o,i nt=WS l:rforc u F,.i awati Ioi"
Christmas hoii'Ia ::. I am ir: receipt of a letter from:: i�ini��' H. Levin,
Secretary of of the State of Florida and he advises mr tlIat the City
of Miami's requc,St for S500,000, ;250,000 fur Trade Fair c,f the Americas (3rd
year) per year, for each of the two years' bienniui:i approved and recommended
0S
mh DEC 17 1980
•
0
by the Governor on the budget.
Mr. Plummer: Does that mean it is final?
Mr. Fosmoen: No.
Mayor Ferre: No, sir, as you know the Legislature has to appropriate. In
other words, it is in the Governor's meassage to the Legislature., which is
one big step forward.
Mr. Carollo: Mr. Fosmoen, can you sometime tomorrow, when you have a chance,
give to each member of the Commission each other's address in case any of us
would like to send any Christmas greetings and we don't get them forwarded
back, return to sender.
Mr. Fosmoen: Yes, I'll be happy to.
Mr. Carollo: Thank you very much.
Mr. Fosmoen: Merry Christmas.
Mayor Ferre: I'd like to wish to every one of you a Merry Christmas and a
happy new year.
ADJOURNMENT
There being no further business to come before the City Commission,
on motion duly made and seconded, the meeting was adjourned at 12:45 P.M.
ATTEST: RALPH G. ONGIE
City Clerk
MATTY HIRAI
Assistant City Clerk
mh
MAURICE A. FERRE
Mayor
209
DEC 17 1980
ITEM NO
DOCUMENT IDENTIFICATION
--
COMMISSION
ACTION
RETRIEVAL.
CODE NO.
0097 —
'
A,�NL'Al. 1z1:PO1:"I' Ol' 'I111, `11A`ll DADS PL'I;I.Ir: I.11;RANY SYSTI:'al
BY JUANIYA ,10liNSON. Clb: JRPFRSON OF NIA1a1I DADS lluBL,iC
LIBRARY ADVISORY BOARD AND DEISIC;NATING AN INDIVIDUAL
AS THE CITY OF MIAMI' S RIEPRESENTATTVIE ON THE ?11AMI
DAD[: LIBRARY BOARD
R-80-883
80-883
3
DISCUSSION 01: POLICE ADVERTISING FIRMS
R-80-884
80-884
i
4
REQUEST FOR PROPOSALS FOR CABLE TELEVISION SERVTCE:
ALiTHOR1ZINC CITY MANAGER TO ADVERTISE
R-80-888
80-888
3
CONFIRMING ASSF.SSM ENT ROLL: DI'LA[dAR1E SANITARY SEWER
I?111R()V11:°1EN•1' IN DEI.AI;ARE SANII`ARl' SEWIER I^IPROVE`fiEN'I
DISTRICT SR-53U(I(. (CLNIIERLINE, SFI-:1:10
R-80-895
80-895
h
AU'114"Ri%E CIT1 AI fUii'i1:1 TO DFLIA SYSTEMS
C"NSVL l AN•1'S, J Nc', 7 O '1 IECHNTCAL ASSISTANCE IN
I
CITY'', LITIGAT10N C}1ALLI-N(ANG CENSUS
R-80-896
80-896
7
APPROVES IN PKINCI PLI: •IHE CUL,,Il;R TRANSIT STATION AREA
PLAN, AN ANCILLARY STUDY '10 TliE MIAMI COMPREHENSIVE.
NEI(;HI3ORHOOI) PLAN
R-80-899
80-899
8
ACCEPT PLAT E:TITLED "DOMI SUBDIVISION —ACCEPT
1)17DICATI0N,ETC .
R-80-901
80-901
c)
ACCEPT CASH DONATION FROM MRS . RITA-JOHNSON ;dILDER
ON BEHALF OF THE WILDER FOUNDATION FOR CONSTRUCTION OF
A "PICNIC PAVILLION" IN MARGARET PACE PART:
R-80-902
80-902
10
I3I_D TO DEMOLISH BUILDING B OF THE LITTLE HAVANA
COITMUNITY CENTER I
R-80-903
80-903
11
DESIGNATE LITTLE HAVANA CO^LNIUNITY CENTER AS A
CATEGORY B PROJECT, WITH RESPECT TO THE MASTER
PLAN AND DIESIGN CONCEPT TliERIEOF
R-80-904
80-904
12
CONSULTING FIRMS TO PROVIDE ARCHITECTURAL/
ENGINEERING SERVICES FOR: DESIGN AND CONSTRUCTION
FO C0AiMUNI.1'Y BUILDINGS Al CURTIS AND [BEST END PARES
AND SWIPZIING POOL ACCESS RENOVATIONS AT NEST END AND
SliENALDOAN PARKS
R-80-905
80-905
13
CONTRACTUAL AGREEMENT WITH Y0LI'1'H INDUSTRIES, INC.
FOR OPERATI(I)N OF : "AFRICAN SQUARE PARK".
R-80-906
80-906
I4
WAIVE COMPE'1'I"FIVE BIDDING }'OR THE CON'IINUA'I'ION OF
SYS117M TIC MAINTFNANCE AND EMERGENCY SERVICES FOR '1111'
EXISTING 1NTEGRATIA) PROI ECTION SYSTEM AT THE CITY
OF MIAMI POLICE STATION AND FACILITIES
R-80-907
80-907
15
VAIVE REQUIREMENT FOR FORMAL BIDS FOR FURNISHING A
VISIBLE ROTOMATIC FILE SYSTEM FOR THE DEPARTMENT OF
POLICE
R-80-908
80-908
TEN NO.1 DOCUMENT 1DENTI FICATI nN
16
V1;11ICLI:S/1WILDING AND VEHICLE
NA IN II"NANCE
1 -80-909
17
ACCI"I'T BID: CUSTODIAL SERVICES/BUILDING AND VE111CLE
MAINTENANCE DEPT. "ROBERT BRWN BUILDING MAINTENANCE.
INC."
R-80-910
18
AIFHIORIZE ISSUANCE OI' WASTE COLLECTION LICENSES TO
ALONSO BROS. TRASH SERVICE. CORP. ANGEL, FACUNDO,
INDUSTRIAL WASTE SERVICE INC. LA YE TRASH AND WASTE'
SERVICE, RAFAEL AND ROBERT 'TRASH SERVICE, .LADIES
SHEFIELD AND UNITED SANITATION SERVICE
R-80-911
19
AUTHORIZE INCREASE IN CONTRACT IN 'HIE AMOUNT 01:
S5,000.00 CITY OF MIAMI AND ASSOCIATES
CONSTRUCTION CORPORATION. CONSTRUCTION OI' „LEMON
CITY PARK"
R-80-912
20
ALI'1HORI'LE CITY DIANAGER TO EXECUTE AGRLEMENT FOR
I'R()FESSIONAL CONSULTANT SERVICES."BOOZ,ALLEN AND
IL1MI l,'TON, INC." ( IMPROVEMENT OF THE CITY' S
ADMINI S'I'RATIVE DIANAGEMENT AND DIANAGEMLNT INFi)WMATION
Ilk"CESS1-S•)
R-80-913
21
ORDER '�IANO HIGHI.A)' IMPROVEMENT PHASE I AND
DESIGNATE THE PROPERTY AGAINST WHICH SPECIAL.
ASSESSMENTS SHALL III] MADE
R-80-914
22
ACCEPT BID: L' U ENA VISTA CODL',1UN ITY DEVELOPMENT
PAVING I'ROI ECT . PHASE V. BI 1) "A"
R-80-915
23
ACCEPT B 1 D: BUENA VISTA COMLIUNITY DEVELOPMENT.
PAVING PROJECT 111AS1: V. BID "B"
R-80-916
24
CONFI RN EILEC'HON OF E°1PLOYEE REPRESENTATIVES ON THE
.tE'I'IKI:MI�NT PLAN BOARD OF THE CI-'TY OF MIAMI GENERAL
1"MPLOYFES' RETIREMENT PLAN (ILIA TEEMS-
SEA'I' .:?, LOUIS A. DE JESUS- SEAT "I .
R-80-917
25
CONFIRM SELECTION OF KF.NNETII HARRISON AS REPRESENTATI.
E
OF CI'T1' OF MIAMI POLICEMENT AND ROBERT E. WEILBACHER,
AS IZI PRESENTATIVE OF CITY OF MIAMI FIREMEN TO THE
RETIREMENT BOARD OF THE CITY OF MIAM1 CITY EMPLOYEES,
RE.TI REMENI' SYSTEM
R-80-918
0
CLA1!,l SF'1'TLF,1`1I:NT: GUSI'AVO A. DUARTE AND JOSE AMOK
DUARTE,
R-80-920
APPOINT SEVEN INDIVIDUALS TO THE ADVISORY COUNCIL ON
I'RADF. AND COMLIERCE DEVELOPMENT
R-80--921
APN)IN'I IN(; 'THREE INDIVIDUALS TO THE PLANNING ADVISOR)
Bi)ARD ('I'l;'u VACANCIES FOR REGULAR MEMBERS AND ONE FOR
n!; nl.'rl:I�hn'TI: MEMBER)
R-80-923
AI'I'(W,"( O!;I: INDIVIDUAL. TO THE OVEIt'TOh'N/CUDIDIUNI'1')'
I)1:VH-1)PN1'.1NT ADVISORY BOARD
R-80-924
iU
AI!'I'llt)RI'/.I; 11IIRCHASE OF OW RO'TA'TORY HIDING M10WER
(Wk '1 HI: PARKS 1)EPAR'1'MEN'1')-VI'.NUL'R: DE -BRA 'TURF AND
I NIWS'TR IAL FQUI PWNT COMPANY
R-80-925
I
e ° 5 -
7 J �
71
x
-� ,
i PACE ." 3
Tv4 N0.
DOCUMENT IDENTIFICATION
31
RESCHI DUIxIN(; (W HIE F1RSI CII'Y (:(*MISSION ?1FE*1IT(;
'
OF THE MONTH 017 JANUARY l Q8I
CA11ING ON CITIZENS OF MIAMI TO SUPPORT EFFORTS TO
RI:-BI' I LD EARTIIQUAKF I)A',It\(;FD AREAS IN ITALY
31
ALLOCATE S1,800.00 TO THE LEAGUE AGAINST CANCER FOR
PROMOTIONAL EXPENSES INCURRED
3 +
AUTHORIZE CASH TRANSFER AS NEEDED BY THE GENERAL
-
FUND DURING MONTII OF DECEMBER TO COVER CASH DEFICIT
CREATED BY LATE COLLECTION 01� REAL ESTATE TAXES
3
ALLOCATE FUNDS NOT TO EXCi--1:D $30,000 AS ADDITIONAL
_
COMPENSATION TO THE LAWI'TRM OF PALL,LANDY,BEILEY
AND HARPER FOR CONTINUED REPRESENTATION OF TIIE CITY
IN I.f:ONARD GATI-S V. CITY OF MIAMI.
_ 30
AUTHORI7,I: CITY ATTORNEY TO HIRE FIRM OF PAUL,LANDY
BAILEY AND HARPF,R '1'0 REPRESENT CITY IN THE CASE OF
B(1AR1) OF TRUSTI-I:S OF MIA"'11 CITY EMPLOYEES'
RI:TIR17MENT SYSTEM, ET AL. V. CITY OF "IfAMI
37
AUTHORIZE CITY ^IANAGER TO ACCEPT CERTAIN LOTS IN THE
CITY OF MIAMI FROM ,iR. PHILLIP MEDVIN
80-926
R-80-927 80-927
R-80-928 80-928
R-80-929 1 80-929
R-80-930 1 80-930
R-80-931 1 80-931
R-80-932) 80-932