HomeMy WebLinkAboutCC 1980-06-26 MinutesfV
CITY OF,'MIAMI
f' IIOQ�R� ONTT!
COMMISSION
MINUTES
OF MEETING HELD ON ime 26, 1980
(REGULAR)
(PLANNING AND ZONING)
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
RALPH G.. ONGIE
CITY CLERK
0
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(REGULAR) tD1 .
10 ND. JUNE 26, 1980 &UCT (PLANNING AND ZONING) o IpN I FAQ NO
1
PRESENTATIONS
PRESENTATIONS
1
2
DIRECT APPROPRIATE DEPARTMENT TO PREPARE EXPRESSION
OF CONDOLENCE TO THE FAMILY OF DONALD GAUGHAN-
METROPOLITAN DADE COUNTY FIRE-FIGHTER
M-80-439
2
3
DISCUSSION OF ESTABLISHMENT OF AN OFFICE OF
PROFESSIONAL COMPLIANCE IN THE POLICE DEPARTMENT
(Temporarirly deferred until later, this same meeting)
DISCUSSION
3-9
4
SEALED BIDS: CONSTRUCTIONS OF LYNDALE SANITARY SEWER
IMPROVEMENT DISTRICT SR-5462-C (CENTERLINE SEWER)
AND SR-5462-S (SIDELINE SEWER)
M-80-440
9
5
(CONTINUED DISCUSSION) FIRST READING ORDINANCE:
CREATING NEW OFFICE IN THE DEPARTMENT OF POLICE, TO BE
KNOWN AS 'OFFICE OF PROFESSIONAL COMPLIANCE";
PROVIDING FOR THE APPOINTMENT OF DIRECTOR, ETC.
FIRST READING
10-12
6
ALLAPATAH COMMUNITY ACTION, INC. MOTION TO CONTINUE
FUNDING OF HOT MEALS PROGRAM
M-80-441
12-14
7
PERSONAL APPEARANCE: MIRIAM CAMAS, PRESIDENT
COMMUNITY ACTION AGENCY
M-80-442
15-17
8
IMPLEMENT ECONOMIC DEVELOPMENT PROGRAMS IN SEVERAL
C.D. TARGET AREAS.(SEE MOTIONS:
i
80-443, 444, 445, 446, 447, 448, 449, 450 AND 454
M-80-443
18-48
M-80-444
M-80-445
M-80-446
M-80-447
M-80-448
M-80-449
M-80-450
9
REQUEST FOR ADDITIONAL FUNDING FOR "ASSOCIATION FOR
THE USEFUL AGED"
M-80-451
48-50
10
DETERMINE FINDING OF SLUM AND BLIGHT WITHIN DEFINED
PORTION OF THE CITY AND REQUEST COUNTY TO ADOPT
-►
SIMILAR RESOLUTION
R-80-452
50-55
11
AUTHORIZE CITY MANAGER TO PREPARE COMMUNITY
I
REDEVELOPMENT PLAN OR GENERAL NEIGHBORHOOD,
REDEVELOPMENT PLAN
R-80-453
55 1
12
CONTINUED DISCUSSION -AGENDA ITEM 23, C.D. FUNDING
M-80-454
56-62
f
13
DISCUSSION OF CITIZEN PARTICIPATION
M-80-455
62-65 �
M-80-456
14
APPROVAL OF PROPOSED GENERAL OBLIGATION BOND ELECTION
I
(SANITARY SEWERS, STREET IMPROVEMENTS, ETC.)
M-80-457
67-68
15
REPORT FROM CHIEF HARMS ON INCREASED POLICE MANPOWER -
PROVIDE 100 NEW POSITIONS BY END OF YEAR -MAKE PROVISICI
FOR ADDITIONAL 100 POSITIONS TO BRING TOTAL TO 914;
MINORITY HIRING MANDATED; EXPANSION OF AREA OF
j
RECRUITMENT
M-80-458
68-80
M-80-459
M-80-460
16
17
18
18.1
18.2
18.3
18.4
18.5
18.6
18.7
18.8
18.9
19
20
21
22
23
INVEX
A'WSWIRAF &IDA
JUNE 26, 1980 c'Dr (REGULAR).fit a (PLANNING i ZONING)
PROVIDE HOUSING SERVICES IN THE CITY OF MIAMI FOR
PERIOD JULY 1, 1980 ENDING .TUNE 30, 1981-
TRANSFERRING APPROPRIATE FUNDS
DISCUSSION:
CLOSE CERTAIN STREETS FOR FOURTH ANNUAL GOOMBAY
FESTIVAL
CONSENT AGENDA
CLOSE CERTAIN STREETS IN CONNECTION WITH THE FOURTH
ANNUAL GOOMBAY FESTIVAL
ACCEPT BID-FRISA CORPORATION IN CONNECTION WITH BUENA
VISTA C.D. PAVING PROJECT -PHASE. IV,ETC.
ACCEPT BID OF SUPERTURF, INC. - FOR 8,400 SQUARE FEET
OF ARTIFICIAL TURF -DEPARTMENT OF STADIUMS AND MARINAS
ACCEPT BID OF BREMER INTERNATIONAL CORPORATION -REMOVAL
OF ABANDONED VEHICLES -DEPARTMENT OF SOLID WASTE
ACCEPT BID OF STEELCAR,INC.- FOR REPAINTING OFFICE
EQUIPMENT FOR VARIOUS CITY DEPARTMENTS, ETC.
ACCEPT BID OF ALLIED ELECTRIC SUPPLY CO.-16 CONSTANT
VOLTAGE REGULATION ISOLATION TRANSFORMERS -DEPARTMENT
OF FIRE, ETC.
ESTABLISH SEPTEMBER 11, 1980, AS DATE FOR PUBLIC
HEARING IN CONNECTION WITH ISSUANCE OF DEVELOPMENT
ORDER-NASHER PLAZA, ETC.
DIRECT CITY CLERK OT PUBLISH A NOTICE OF PUBLIC
HEARING IN CONNECTION WITH ACCEPTANCE OF THE COCONUT
GROVE BUSINESS DISTRICT DECORATIVE PEDESTRIAN -SCALE
STREET LIGHTING PROJECT, ETC.
DIRECT CITY CLERK TO PUBLISH NOTICE OF PUBLIC HEARING
IN CONNECTION WITH THE ACCEPTANCE COMPLETED WORK OF
SOUTH BAY SANITARY SEWER IMPROVEMENT DISTRICT SR-5454-
C
CLOSE CERTAIN STREETS: MAIN STREET OF THE AMERICAS
FESTIVAL
MISCELLANEOUS DISCUSSION ITEMS: BILL FROM MORTY
FREEDMAN - MR. ODIO TO REPORT TO MR. PLUMMER
RE: SPIRIT OF MIAMI CONTRACT
Exi,ar E CONTRACT -DESIGN SERVICES FOR LATIN RIVERFRONT
PARK
DEFERRAL OF CONSIDERATION OF NEW SOLID WASTE PLAN
DISCUSSION OF CITY OF MIAMI HIRING PRACTICES: (a)
PHYSICAL EXAMINATION TO BE REQUIRED OF ALL CITY
EMPLOYEES
24 1 DISCUSSION OF LETTER CIRCULATED BY A CITY EMPLOYEE
PAGE N 2
rsolm%.Ilpa-
R-80-461
DISCUSSION
R-80-462
R-80-463
R-80-464
R-80-465
R-80-466
80-81
81-83
83
83
84
84
84
R-80-467 84
R-80-468 1 85
R-80-469 85
R-80-470 85
R-W-' 71 1 86
DISCUSSION
R-80-472
M-80-473
M-80-474
DISCUSSION
87
88 - 92
93-97
97-106
107-108
Ll
ITEM NO$
SI cT
1k
�) w
PAGE N 3
f souio&, PAGE NC
25
FIRST READING ORDINANCE: BISCAYNE BOULEVARD NORTH -
SPECIAL OVERLAY ZONING DISTRICT
FIRST READING
109
26
FIRST READING ORDINANCE: APPLY CERTAIN CHANGES OF
ZONING BISCAYNE BOULEVARD NORTH -SPECIAL OVERLAY
ZONING DISTRICT
FIRST READING
110
27
CHANGE ZONING CLASSIFICATION: 665 N.E. 60TH STREET
R-1 TO R-3
FIRST READING
112
28
DISCUSSION AND TEMPORARY DEFERRAL: VACATION AND
CLOSURE OF ALLEY S.E. 12 TERRACE, S.E. 13 STREET
BRICKELL AVENUE AND SOUTH BAYSHORE DRIVE-"B-L-K"
SUBDIVISION
DISCUSSION
112-11
29
DISCUSSION AND DEFERRAL: DEVELOPMENT ORDER FOR
WATSON ISLAND
DISCUSSION
117
30
CONTINUED DISCUSSION AND RESOLUTION: VACATION AND
CLOSURE OF ALLEY S.E. 12 TERRACE, BRICKELL AVENUE
AND SOUTH BAYSHORE DRIVE-"B-L-K"SUBDIVISION
R-80-475
118-11,
31
(CONTINUED DISCUSSION) PUBLIC HEARING AND DEFERRAL OF
FINAL CONSIDERATION: DEVELOPMENT ORDER -DEVELOPMENT
OF REGIONAL IMPACT-"WATSON ISLAND"
M-80-476
119-13
32
FIRST READING ORDINANCE: AMEND 6871-ART. XXV-
BASE BUILDING LINES NEW SUBSECTION: 1ST AVENUE N.E.
b S.E., N.E. 2ND STREET S TO S.E. 2ND STREET
35'
FIRST READING
135-13
33
DEFERRAL OF REQUEST FOR CHANGE OF ZONING-3215-45
AVIATION AVENUE
DEFERRAL
136
34
APPROVE APPLICATION FOR P.A.D.-1581-97 BRICKELL AVENUE
205 RESIDENTIAL UNITS
R-80-477
137-151
35
GRANT APPEAL FOR VARIANCES-401 BRICKELL AVENUE
180 UNIT APARTMENT PROJECT
R-80-478-A
151-15,
�--
R-80-478-B
158
R-80-478-C
158
36
37
38
39
40
41
42
43
ACCEPT
PLAT:
PERCIVAL GARDENS
R-80-479
ACCEPT
PLAT:
BISCAYNE FEDERAL PLAZA
R-80-480
ACCEPT
PLAT:
COCONUT GROVE ESTATES
R-80-481
ACCEPT COMPLETED CONSTRUCTION: COCONUT GROVE BUSINESS
AREA HIGHWAY IMPROVEMENT
OBJECTIONS OF CONFIRMATION OF PRFLIMINARY ASSESSMENT
ROLL: WEST GRAPELAND SANITARY SEWER IMPROVEMENT SR-
5387-C
OBJECTIONS TO SUPPLEMENTAL PRELIMINARY ASSESSMENT
ROLL LEJEUNE GARDENS HIGHWAY IMPROVEMENT DISTRICT
H-4253
ACCEPT COMPLETED CONSTRUCTION: PINES SANITARY SEWER
IMPROVEMENT DISTRICT
FIRST AND SECOND READING ORDINANCE: ESTABLISH PROJECT
X.C.B. IN THE AMOUNT OF $25,000.00 TO FUND CITY HALL
RENOVATIONS
R-80-482
R-80-483
R-80-484
R-80-485
INVEX
ONSWINE &IDA PAGE #4
DWE
10 NO. RUCT tsoUajo o. PAGE 10,
44
45
46
47
48
49
50
51
52
53
54
55
56
f
57
DEFERRAL OF CONSIDERATION OF PROPOSED INCREASED
APPROPRIATION FOR FLAGLER STREET IMPROVEMENT AND
EXTENSION AND FOR COCONUT GROVE BUSINESS AREA
DECORATIVE PEDESTRIAN SCALE STREET LIGHTING PROJECT
FIRST AND SECOND READING ORDINANCE. ESTABLISH PROJECT
XI-B-2. ENTITLED: "MIAMI SPRINGS GOLF COURSE IRRIGATION
SYSTEM"
FIRST AND SECOND READING ORDINANCE: INCREASE
APPROPRIATION -FENCING FOR MELREESE GOLF COURSE
FIRST AND SECOND READING ORDINANCE: EMERGENCY
FOOD PROGRAM FOR PERSONS IN THE AREA AFFECTED
BY RECENT CIVIL DISTURBANCES
FIRST AND SECOND READING ORDINANCE: PROVIDE FUNDS FOR
CONSULTING IN THE IMPROVEMENT OF THE CITY'S
ADMINISTRATIVE SYSTEMS AND PROCEDURES
FIRST AND SECOND READING ORDINANCE: ESTABLISH
OFFICE OF PROFESSIONAL COMPLIANCE IN THE OFFICE
OF THE POLICE CHIEF
FIRST AND SECOND READING ORDINANCE: ADOPTING
CODIFICATION OF NEW CITY OF MIA111 CODE AND CHARTER
1980
FIRST AND SECOND READING ORDINANCE: REVISING ORANGE
BOWL PARKING CHARGES IN CONNECTION WITH SEASON
RESERVED STUDENT PARKING PASS, FOR PASSENGER CARS
OPERATED BY UNIVERSITY OF MIAMI STUDENTS
FIRST AND SECOND READING ORDINANCE: ESTABLISH
NEW TRUST AND AGENCY FUND:"COMMUNITY DEVELOPMENT
COUNTY SUPPLEMENT AND APPROPRIATING $37,100
THERE TO RECEIVE FUNDS FROM DADE COUNTY TO SUPPLEMENT
CITY SOCIAL SERVICE PROJECTS
FIRST AND SECOND READING ORDINANCE: CORRECT SCRIVENNER'
ERROR -CIVIL SERVICE RULES AND REGULATIONS
DEFERRAL OF ACCEPTANCE OF STUDY BU E.H. FRIEND AND CO.
ON FUNDING ALTERNATIVES CONCERNING THE CITY'S
PENSION PROGRAM
AUTHORIZING CITY MANAGER TO EXECUTE ASSIGNMENT
AGREEMENT WITH THE U.S. HUD FOR THE SERVICES
OF A HOUSING REHABILITATION SPECIALIST -
ALLOCATE $16,500.00 THEREFOR
ALLOCATE $828,857 OF SIXTH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS PREVIOUSLY APPROPRIATED, TO
PREVIOUSLY APPROVED SOCIAL SERVICE PROGRAMS FOR CONTRAI
PERIOD: JULY 1, 1980 AND ENDING JUNE 30, 1981
ALLOCATE $162,720 OF COMMUNITY DEVELOPMENT 6TH YEAR
BLOCK GRANT FUNDS FOR THE PERIOD JULY 1, 1980-JUNE 30,
b81 TO ACTION COMMUNITY CENTER, INC (PROVIDE
TRANSPORTATION TO ALLAPATTAH, LITTLE HAVANA, ETC.)
DEFERRAL 163
ORD. 9115 1 163
ORD. 9116 164
ORD. 9117 1 165
ORD. 9118 166
ORD. 9119 1 167
ORD. 9120 168
ORD. 9121 1 169
ORD. 9122 170
ORD. 9123 171
DEFERRAL 172
R-80-486 173
R-80-487 174
i
R-80-488 174
I c
11 \ 1 1+ wI N
I1EM NO. I SLLECT
58
TRANSFER FUNDS FROM LITTLE HAVANA STREET IMPROVEMENT
TO LITTLE HAVANA COMMUNITY CENTER TO COVER OVERRUN OF
CONSTRUCTING AIR RIGHTS PLATFORM FOR SECTION 8 ELDERLY
HOUSING PROJECT AT LITTLE HAVANA COMMUNITY CENTER
59
APPROVE EXECUTION OF CONTRACT RELATING TO HOUSING
PROJECT DESIGNATED "DADE 8� TOWNPART" PURSUANT
TO BASIC AGREEMENT BETWEEN CITY OF MIAMI AND DADE
COUNTY DATED JULY 16, 1976.
60
AUTHORIZE INCREASE IN CONTRACT WITH SHAFFER AND
MILLER CONSTRUCTION INC. FOR CONSTRUCTION OF
ADMINISTRATION BUILDING
61
PROVIDE GRANT OF CASH ASSISTANCE IN THE AMOUNT OF
$5,000.00 IN CONNECTION WITH THE 5TH ANNUAL
RE-ENCUENTRO CUBANO
62
ISSUE WASTE COLLECTION LICENSES TO:
(A) BILLS WASTE SERVICE
(B) COUNTY WASTE, INC.
(C) GENERAL HAULING SERVICE, INC.
63
A^PJIFT NEL 30:1:FF TO CITY OF MIAMINNIVERSITY OF
MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER
ADVISORY COMMITTEE
64
CLAIM SETTLEMENT -EVE DICKIE AND ELLEN ELA
65
TRANSFER $20,000 6TH YEAR C.D. BLOCK GRANT FUNDS
TO "BLACK ARCHIVES" HISTORY AND RESEARCH FOUNDATION
OF SOUTH FLORIDA. AN AGENCY TO SURVEY AND ASSESS
RECORDS RELATING TO BLACK HISTORY IN OVERTOWN AREA.
66
AUTHORIZE DISPOSITION OF "NO LONGER SERVICABLE"
(EQUIPMENT 10 RADIOS) DONATING SAME TO ACTION
COMMUNITY CENTER, INC.
67
AUTHORIZE EXPENDITURE OF $4,425 TO PARTLY DEFRAY
EXPENSES FOR RECEPTION AT MLAMARINA-OPENING OF
"ANNUAL NATIONAL CONVENTION" OF THE NATIONAL
ASSOCIATION FOR ADVANCEMENT OF COLORED PEOPLE.
68
ESTABLISH DATE OF JUNE 30, 1980 AT 2:00 O'CLOCK P.M.
CITY COMMISSION MEETING ON CONFERENCE -CONVENTION
CENTER ISSUES, INCLUDING SALE OF BONDS
69
BRIEF DISCUSSIONS:
(A) COOMBAY FESTIVAL
o) . r•CISLATION INRE PERSONAL LIABILITY OF
CITY CM411SS10N UNDER CERTAIN CIRCUMSTANCES
(C) FIRST BROADCAST OF VOICE OF AMERICAS IN SPANISH
PAGE 15
tDln%. PAGE N
R-80-489 1 176
R-80-490 1 176
R-80-491 1 177
R-80-492 1 177
R-80-493 1 178
R-80-494 178
R-80-495 179
R-80-496 1 179
R-80-497 1 ISO
R-80-498 1 180
R-80-499 1 181
DISCUSSIONS 1 181-182
MINUTES OF REGULAR MEETING OF THE
CIMY COMMISSION OF MIAMI, FLORIDA
r r r r r r r r
On the 26th day of June, 1980, the City Commission of Miami, Florida,
met at its regular meeting place in the City Hall, 3500 Pan American Drive,
Miami, Florida in regular session.
The meeting was called to order at 1:45 P.M. by Mayor Maurice A. Ferre
with the following members of the Commission found to be present:
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
ALSO PRESENT WERE:
Joseph R. Grassie, City Manager
R. L. Fowwen, Assistant City Manager
George F. Knox, City Attorney
Ralph G. Ongie, City Clerk
Matty Hirai, Assistant City Clerk
An invocation was delivered by Reverend Gibson who then led those
present in a pledge of allegiance to the flag.
On motion duly made and seconded by the City Commission, the Minutes
for the meetings of March 31, 1980, and May 7, 1980 (Planning and Zoning)
were approved.
1. PRESENTATIONS
1. Presentation of a PLAQUE to MAYOR MAURICE A. FERRE, by Mr. William
Scharrer, President, Goodwill Industries, for the Mayor's'service
to the community.
2. Presentation of a PROCLAMATION to Coach Ron Fraser, of the University
of Miami Baseball Team, designating June 26, 1980, as the UNTVIASITY
OF ML*U HURRICANES DAY. They are being commended for an excellent
season which culminated in their participation in the 2980 NCAA DIVISION I
World Series playoffs.
3. Presentation of a PROCLAMATION to Coach Danny Price, of the Florida
International University Baseball Team, designating June 26, 1980, as
FLORIDA INTERNATIONAL UNIVERSITY SUNBIAZERS DAY. 'they are being commended
for an excellent season which culminated in their participation in the
1980 NCAA DIVISION II World Series playoffs.
4. Presentation of a C044ENOATION to DR. MANUEL AHMNIO DE VARONA Y LOREDO,
President of the Junta'Patriatica Cubans, for his many civic duties, his
undying spirit in the fight for freedom and brotherhood for all.
r
r•
S. Presentation of a CMt,1NhATION to MR. RALPH ONGIE, City Clerk of the City
of Miami, for his continuing contributions as City Clerk and his
association with the International Institute of Municipal Clerks.
6. Presentation of CERTIFICATES OF APPRECIATION to Messrs. ROBERT N. BATTARD,
JOEL MISH, LOUIS BUNDI, and PAUL WICHE, all of the U. S. Customs Department,
for their outstanding assistance to the City of Miami during the Trade flair
of the Americas`81.
7. Presentation of CERTIFICATES OF APPRECIATE to Messrs. IRBY MOW GHT, JOE LOUIS
THCMAS, IZZY BELL STANLEY and DARREL STEVENS, for their outstanding civic
duty and overall service to the community.
8. Presentation of a PLAQUE to DONALD S. JENSEN, FIRE FIGHTER, upon his retire-
ment from the City of Miami Department of Fire, in appreciation for his out-
standing skills and devotion from 1952 to 1980, a service record of over
28 years.
2. DIRECT APPROPPIATI: DI PARTMUl ^ ;M PRI:PAP.E I:XPRFssIor OF COIWU:ICF
TO THE. FAMTT..Y (`Y D) 7PJ,D (7TiU!'IIA'I-!'ET.ROT)01,ITAN t)ADF. COU�d^Y FIP_E-
FIGHTEq
Mayor Ferre: We're now about to begin our two o'clock agenda which is the
Committee of the Whole. I would like to recommend to members of this
Commission that we procede on this occassion similarly to the way
Metropolitan Dade County Board of Commissioners functions, both under
the direction of former Mayor Jack Orr and now the present Mayor, Steve
Clark. And that is the Chaiman sets a time constraint as to how long each
issue will take. The reason why we need to do this is otherwise we'll be
here until four o'clock in the morning. I will, of course be as reasonable
as I can and will of cullrse go by the will of the majority should somebody
at any time disagree with the time constraint on the issues before us.
The first issue to come before us is the discussion of the establishment
of an Office of Pro`_essional Compliance in the Police Department. I
would like to ask that the administration limit their statement to five
minutes and tnat each member of thic Commission would have a total of
five minutes, if necessary, to discuss this issue which is of great
importance, and that at the end of thirty-five minutes, maximum, that
this subject matter will come to a conclusion. Any member of the member
of the Commission that wishes to take his time and grant it to somebody else
is perfectly within, I have no objections to that as long as we conclude
this subject within thirty-five minutes.
Mr. Plummer: Mr. Mayor,before you start that I would like to just make a
pocket resolution which I'm sure will be non -controversial. Mr. Mayor,
1 would like to offer a motion, at this time, that this Commission
representing the people of the City of Miami, forward to the family of the
Metro fireman who was killed in the line of duty, that the appronriate
resolution Vie drawn expressinq our condolences and it be forwa-Ai•..i to the
family and to the survivors.
Mayor Ferre: Moved by Commissioner Plummer. Is there a second?
Xr. Carolto: Second.
Mayor Ferre: Further discussion? Call the roll.
ist 02 J V N 261980
The following motion was introduced by Commissioner Plummer, who
moved its adoption&
MOTION NO. 80-439
A MOTION DIRECTING THE APPROPRIATE CITY DEPART!SF;NT
TO PREPARE A SUITABLE EXPRESSION OF CONDOLENCES TO
BE SENT TO THE FAMILY OF DONALD GAUGHAN, A DECEASED
METROPOLITAN DADE COUNTY FIRE FIGHTER
Upon being seconded by Commissioner Carollo, the motion was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None
3. DISCUSSION OF ESTABLISIPIE?1T OF All OFFICE OF PROFESSIO!IAL
COMPLIANCE IN THE POLICE DEPARTME"T (Temporairl-ty deferred until
later, this same meetinq)
Mayor Ferre: Mr. Manager, you're recognized to proceed now. You've got
five minutes.
Mr. Grassie: Mr. Mayor, and members of the City Commission, I'm going to
ask Howard Gary who is the Chairman of the five person committee developing
this report, to introduce this subject to you.
Mr. Howard Gary: Good afternoon Mayor, Commissioners. The committee who
reviewed the Police Review complaint process has completed its task and
has recommended to you a proposed police complaint review process, which
in essence augments the existing police complaint process. The committee
was established in August of 1979, and at that time, by the City Imananer,
and was headed by Jack Bond. The committee was established as a result
of Commission inquiries with regard to the police complaint process as
well as community concerned rasied regarding the complaint process. The
.Manager in establishing this commitee felt that the committee should comprise
_;those parties that are primarily affected by the Internal Review process
of the Police Department. The committee members I have with me right here
are, Mrs. Georgia Jones Ayers who is a community representative, I have
Bob Warshaw who is Executive Assistant to the Police Chief, I !...e Mr. Witt
who is a representative of the Fraternal Order of Police, and Dr. Padron,
if he's in the audience, if he'd come forward, was also a community
representative. The committee, I'll try to keep it brief, the committee
reviewed, the approach taken by the committee was to review the existing
process to determine augmentations or changes should be made to the
existing process, and to recommend a process that would include certain
criteria. The committee has recommended, and you have it in your package,
that an Office of Professional Compliance be established in the Office
of the Police Chief. This staff would consist of one director and three
investigators, with the three investigators representing the ethnic
composition of the City. This staff would be responsible for observing
and participating in all investigations of alleged abusive treatment by
the police officer and all shooting incidents. The process by which this
committee functions, or this staff, would be initiated in the community
or at the police facility. One of the concerns of the committee was that
Al
ist
J? !11 • {J ,.. ,
Ii40u:
Mr. Gary (continued): there was no mechanism to make it easy for
citizens to complain about alleged abusive treatment or shooting incidents
by police officers as well as the fact that the communication between the
Police Department and the citizens was not adequate. As a result, we are
recommending that outreach centers be established in the six police
sectors, and that citizens be permitted to complain at these six centers.
Once a complaint is lodged, the center representative would call the
Office of Professional Compliance and Internal Security to come and take
a statement from the complainant. At the time the statement is taken,
or upon completion of the statement, which will be prepared in three
part form, one copy would be retained by the complainant, one by the
outreach center, and one by the I.S. This process also permitts that under
no circumstances will the current rights or procedures that the Police
Department or police officer follows with regards to his rights regarding
complaints would not be abridged. We are keeping intact the current
process by which an employee follows with regard to complaints. We are
also recommending that the City Commission establish an OPC committee.
This committee will be comprised of one representative of the Fraternal
Order of Police, one representative of the City Manager, one representative
of the Chief of Police, and two representatives of the community. This
committee will be responsible for a number of things. Firstly, they
will be responsible for screening applicants to fill the jobs of the
OPC office. The hiring of these people will be done by the City ~tanager
and the Police Chief. We are also recommending that the OPC committee
establish two citizen monitors to monitor the internal investigation
of the Police Department and the original intention of the OPC staff as
it was designed in this package. We are also suggesting that the OPC
committee be responsible for reviewing disciplinary matters that would
regard to the OPC staff. This is primarily the three actions we are
asking the City Commission to take, and if you have any questions, we'd
be glad to answer them.
Mayor Ferre: A1.1 right, are there any further statements by the administration
at this time? All right, Commissioner Plummer.
Mr. Plummer: Mr. Mayor, I have read this proposal. I t•.-ould like to
offer two amendments to the proposal. The first amendment, the community
is made up of more than two ethnic groups. I feel that the citizen
input should be at least four, and I would move that as one amendment.
That there would be four communty representatives so that there is the
opportunity afforded for the imput of all sectors of the community. The
second amendment that I would like to see added, is an amendment, this
contains no terms of office. This is infinitum and I think it was you,
Mayor, who instigated before the idea that nobody shall serve indefinetly.
I would only recommend, I'm open to whatever, that it be two year terms,
and the first go round would be one year terms for two, and two year
terms for two so that it would be on a rotating basis. That would rive
the Commission the opportunity to either add new blood or to continue
_the terms of those who are presently serving. I would offer those in
_xhe forms of amendments.
Mr. Lacas: Is that a motion?
Mr. Plummer: Well, the motion is not made
Mayor Ferre: I would respectfully ask that each member of the
Commission be given an opportunity to ask any questions or make any
statements, then I'll recognize you, Mr. Plummer, for the purposes of
any motions or any other members of the Commission for other motions.
I have a question as to the two year terms. These are non ... you cannot
be reelected? Just one term or...
Mr. Plummer: I'm not saying, Mr. Mayor that that should be the case
or not. I think it should be at the discretion of this Commission as it
is relating to other boards.
Mayor Ferre: Okay. All right, Father Gibson, any questions or comments?
Mr. Lacasa, any questions or comments? Mr. Carollo, questions or comments?
JUN261980
ist
Mr. Carollo: Thank you, Mr. Mayor. My bigqest concern is that I keep
hearing our administration telling us time and time again that we need
more money, more money, and more money to run the City, that we're going
to be short in our budget for next year at least five million dollars,
and probably might be even as much as twice as that....
Mayor Ferre: If you have to talk in these chambers, I would appreciate
your leaving. Outside you can do all the talking. While you are in these
chambers would you please keep silence and show the courtesy to Commissioner
Carollo that he deserves and expects from each and every one of you.
All right, Commissioner.
Mr. Carollo: Our administration stated to us that we're somehwere in the
neighborhood of five million dollars short for our budget next year. It
might even be as much as twice as that. I'm concerned that as we demand to
spend more money, the City of Miami tax payers money, year and year out
we're spending more money, asking for more taxes but the service we're
providing to the citizens of Miami is less and less. while they are
paying more and giving more, we're providing less, and we have to cut
and draw the line somewhere. And here we have a program that we're
starting out asking for ninety-five thousand dollars but I'll be willing
to bet anything that within a couple of year its qoinq to end up being
a quarter of a million dollars. My personal beliefs, my personal
opinion is that we have a wide, a wide variety of areas where if someone
is not happy, is not in an area, well, if someone doesn't believe enough
in our Police Department that they cold go to the Justice Department,
the F.B.I., the Dade County State Attorney's Oftice, the Grand Jury, they
could come before the City Commission, the Civil Service Board, the
City Administration, Miami Police Internal Review Board, they could go
to a variety of different areas and file t',eir complaints. And I just
don't believe that we are in a position right now, the City of Miami,
to create more government so that we can spend additional tax payers
money. I don't think there is enough justificatio: to justify us spending
close to one hundred thousand dollars on this new project. Yes, I
realize that there are injustices that are made, there is good and bad
in every group. There are policemen out there that are not perfect.
I perfectly realize that. However, I think that if we look as to the
type of administration in Chief Harms, we will see that more police officers
have been prosecuted than probably in all the other administrations
before his combined. And I have trust enough in the Police Department,
in the men that are investigating complaints to know that they are going
to do what's right. Now, again, people feel that in some investigations
that have been made justice has not been done. There is many other
ways and routes that that could take and go without having to form a
new one that is going to cost the citizens of Miami additional money.
Mayor Ferre: All right, now for my five minutes I just have a series
of questions. And that is, I would like to hear from each member of
the committee. Georgia, if you would step up please. Tell us, are you
.in concurrence with this recommendation?
Mrs. Georgia Jones Ayers: I didn't understand, your honor.
Mayor Ferre: Are you, do you agree with the recommendation that your
committee that you serve on?
Mrs. Ayers:,Yes, I wholeheartly agree with it.
Mayor Ferre: All right, Mr. Warshaw. For the record, Mr. Warshaw is
the Assistant to Chief Harms and represents the administration of the
Department. Go ahead, Mr. Warshaw.
Mr. Robert Warshaw: The Police Department certainly endorses this
concept and feels comfortable that as long as the participants are
comitted to the process, the process will indeed work and will lay
any concerns that the community has regarding the conduct of police
activity in this community.
ist
Mayor Ferre: All right, Mr. Dick Witt, representing the FOP.
Mr. Richard Watt: Mr.Mayor, at the outset, let me thank both the
elected administration and the appointed administration of this City for
allowing the Fraternal Order of Police, representinq the police officers
to participate in this process. That in itself was unique and is
probably one of the overwhelming reasons why we have bought into this
program. As you know, I've been a member of the Miami Police Department
for twenty-one years. I'm national Vice -President of the Fraternal
Order of Police and a member of the Miami Civil Service Board. I share
the concerns that. Mr. Carollo has stated with references to additional
layers of government that might be unnecessary. However, during the
almost ten months that we've dealt with this committee, it became
obvious that there was a large faction of the community and a group
of the media who were insufficiently satisfied that the process that
we currently have meets the needs of the public. In addressing this
issue, we felt that we had protected the City of Miami, its police
officers and at the same time, a:ldressed the public in terms of
credibility, openness, and their perceptions, that they were getting a
fair shake from their police department. And as a result, I've endorsed
it. I've taken it hack to both the executive board and the general
membership of my organization and they have endorsed it.
Mayor Ferre: Thank you. Mr. Witt, let me address myself through you
to the rank and file, if you would please, of the Miami Police Department.
Let me first of all, say to you that as I promised you when you and I
met, I will keel) my commitment and I will accept this recommendation.
However, I want tc also state into the record, my personal opinion and
I do not think that this is nearly enough in our needs. However, I have
faith that those that are involved in the system will work hard to try
to make this work. And like anything else in life, when people have
good faith and try, even the worst of systems works. I don't think
this is the worst of systems. I on the one hand, recognize that there
are two extremes. I do nct like extremes. I do not like radicals and
extremists of any kind, either to the left or to the right. I do not
believe in extremes. I do not believe, for example, that policemen
can properly police i-(Bremen, nor more than I think that lawyers can
police lawyers, or ciocters can police doctors. I think that's one of
the root causes of causep of many problems in our modern society. On
the other hand, T do not believe in Civilian Review Boards because
I think when you have open total civilian review boards judging
complicated issues such as para-military, just like medical issues,
the layman is really not totally qualified to make that judgment. And
therefore, those are the two extremes. I think the happy middle ground
is similar to what the City of Chicago has had. As you know, for the
past four years, three years, I have been trying to impress upon the
administration and other members of this community the importance of
moving in this direction. I would say that this is a much milder
version of the Chicago Police Plan. I would have preferred a stronger
_:version but I will accept the recommendation of this committee, and I
will watch eagerly to see that it is properly implemented immediately
and that it will function. Because the only way the police departments
function, ir, my opinion, is when the community respects the pol.cf.
department and recognizes that they are there to enforce the law and
that the law must be obeyed. But when the Police Department recognizes
that they are not strictly and solely enforcers but that they are there
is public servants like all of us who endeavor and work in these
vineyards and that the truth of the matter ie that a police officer,
like any other public officer is somewhere in the middle, between an
enforcer and a public servant. And when we understand that, when this
community recognizes that in a policemen there is a friend who is there
to help, yes to enforce the law but to help. And when the policemen
recognize that yes, they are there to enforce the law but that they
are also public servants and they have a responsibility to the welfare
of the public at large, then I think we will have a healthy community.
I thank you for your endeavors and congratulate you for the results.
J U N 2 61980
ist
Mayor Ferre (continued): Now, we have the two ethnic groups motion,
Mr. Plummer, if you will make it.
Mr. Plummer: Mr. Mayor, I offer the motion as presented, with the two
amendments which I offered. The first one being that the community be,
the community appointments be four rather than two and the tents be set
up on a staggered basis, and if it's acceptable, every year the two,
the first exception would be two for one year, two for two years and it
be rotated there after.
Mayor Ferre: Lets just take these as a motion and then we'll vote on
the main body of the thing. As a motion only, is there a second.
Mr. Lacasa: I second the motion based on the fact that the Police
administration, the Fraternal Order of Police, and also the civilian
groups involved in this are recommending this system at a particular
time when the City of Miami has gone through a tremendous crisis and
unquestionably, we do need the credibility of the City, as far as the
police is concerned. So based on that, I second this motion.
Mayor Ferre: There is a motion and a second. Now we are going to
vote only on this motion and then we will vote on the main item itself.
Mr. Plummer: You're saying the amendments?
Mayor Ferre: You want to do the whole thing together?
Mr. Plummer: It's backwards, but that's all right with me, I don't care.
Mayor Ferre: You want to vote on the main motion and then the amendment.
Mr. Plummer: Well the main motion would be offered, then amendments
offered, then you vote on the amendments and then you vote on the main
motion.
Mayor Ferre: Well I'll tell you J. L. I've never done that in my
legislative procedure. You first accept the amendments and then you
accept the main body
Mr. Knox: Are you talking about the ordinance?
Mayor Ferre: I'm talking about the ordinance, yes sir.
Mayor Ferre: We first vote on the amendments, is that correct?
Mr. Knox: You can adopt a motion on the amendment and then you can amend
the ordinance once its been adopted.
_14ayor Ferre: All right, there is a motion which is the amendment to
the ordinance itself which has been made and seconded. Further discussion?
Call the roll on the amendment. _
THEREUPON, THE CITY COMMISSION ON A MOTION BY COMMISSIONER
PLUMMER AND SECONDED BY COMMISSIONER LACASA PASSED THE FOREGOING
MOTION TO AMEND THE ORDINANCE AS OUTLINED ABOVE BY THE FOLLOWING
VOTE
AYES: Commissioner J. L. Plummer, Jr.
Vice -Mayor Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: Commissioner Joe Carollo
07 JUN 2 61980
ist
Mayor Ferre: Now, on the main ordinance, would you tell me Mr. Knox
what number that is?
Mr. Knox: It's number eighteen, Mr. Mayor.
Mayor Ferre: On eighteen, as amended, would you read the ordinance.
THEREUPON THE CITY ATTORNFY READ THE
ORDINANCE INTO THE PUBLIC kLCORD
DISCUSSION PREVIOUS TO PASSAGE OF ORDINANCE:
Mayor Ferre: And as I understand it, it is now seven members rather
than five. Is that correct? All right, is there now a motion...
mx . Plummer: Under discussion? Oh, motion, yes, I offer.
Mr. Lacasa: Second.
"Myor Ferre: Second by Lacasa. Under discussion.
Mr. Plummer: Under discussion, Mr. Gary, for the record. The terminology
which you used is that these four members will be selected by the Commission.
Mr. Gary: They will be appointed the way the ordinance reads. They will
be appointed by the Manager subject to the approval of the City Commission.
Mayor Ferre: You have to...
Mr. Plummer: No, I'd rather have the Commission appoint.
Mayor Ferre: Technically speaking, under the Charter, the Manager has
full responsibility for the administration. This is an administrative
matter.
Mr. Plummer: Excuse me, M.r. Mayor, under those people who are subservient
to him that is correct according to the Charter.
Mayor Ferre: But these people obviously are subservient people that are
going to be selected to serve as part of the administration.
Mr. Plummer: Well, I have a problem with that.
Mayor Ferre: Mr. Grassie, I don't have a problem either way but, you
know, the Charter reads very specifically, and I understand what the
thrust of this is, but I don't have any problem with this the way it is.
What I'm saying is I have no problems because very simply, if I'm not
satisfied who you are proposing, I'll vote no. Now...
Mr. Plummer: Mr. Mayor, either I withdraw my motion, or Mr. Knox, tell
me how we make it, the wording that the Commission makes the appointment.
Mr. Knox: We're getting a copy of the Charter now and I'll be able
to tell you in one second. _
Mr. Plummer: Fine.
Mayor Ferre: Well then we'll have to come up, I'll tell you, we'll leave
this thing pending then, so why don't you withdraw your motion, Mr. Plummer,
for the record...
Mr. Plummer: Fine.
AT THIS POINT, COMMISSIONER PLUMMER WITHDRAWS HIS MOTION ON THE ORDINANCE
Mayor Ferre: And we'll take up eighteen as it comes up. In the meantime,
Mr. Knox, you'll check into the Charter and see how that can be none.
Mr. Carollo: Can I ask one more question on this item, if I may, !!r. Mayer?
Mayor Ferre: Yes, sir.
O$ �i%1 r1
J .. i'• �I 1i 1 • V d
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V
Mr. Carollo: Mr. Gary, in the three positions that we have down for this,
here, the investigative positions for twenty thousand dollars each,
approximately, are these three quote, investigatorsvgoing to have
investigative powers?
Mr. Gary: No, the context of the proposal states that these people
will be unlimited observers and limited participants. They will not
participate in actual investigations.
Mr. Carollo: Then if all the...
Mr. Gary: They would not perform them, excuse me, they will participate.
Mr. Carollo: If all that they are going to be, as you stated, limited
observers, how come we are going to call them investigators? To me,
an investigator is a detective. Someone that goes out physically and
investigates whatever he has to to close the case, and get the facts in
the case.
Mr. Gary: Okay. If you recall the memo, in the memo it stated that we
had not discussed this matter with the Department of Human Resources to
determine the proper qualifications, the proper job descriptions and the
proper title, and that will be...
Mayor Ferre: The thirty-five minutes of discussion are up so we'll
continue this when item eighteen comes up. Would you prepare your
answer to Commissioner Carollo.
Mr. Gary: Yes. But may I ask that we have two community representatives,
as well as the FOP representative who is on vacation, came down from
Orlando to be at this meeting, that once we give this answer that we
could act on this matter.
Mayor Ferre: As soon as Mr. Knox is ready to give us an answer.,I will
take it out of order so that you can go back to Orlando on your vacation.
Mr. Knox: Mr. Mayor, I can read the Charter riqht now.
Mayor Ferre: Mr. Knox, excuse me for a moment.
Mr. Knox: Time is up.
AT THIS POINT, ROLL CALL ON PASSAGE Or PROPOSED
ORDINANCE. THIS ITEM WAS TEMPORARILY DEFERRED
UNTIL LATER, THIS SAME MEETING.
4. SEALED BIDS: CONSTRUCTIONS OF LYVDALE SANITARY SEWER IMP11OVE..%1r4T
DISTRICT SR-5462-C (CENTERLINE SEWER) A_MD SR-5462-5 (SIDELI'lE
SEWER)
Mayor Ferre: It's two -thirty and we now have to take the construction
of the Lyndale Sanitary Improvement Districts. Is there a motion on that
bid?
Mr. Plummer: What item?
Mayor Ferre: Ttem four.
Mr. Plummer: Move it ... is there...
Mayor Ferre: Anybody here...
Mr. Plummer: oh, it's just to accept the bids? Yes, I move it.
09 J UN 2 61980
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T
Mr. Lacasa: Second.
Malror Ferre: Moved by Plummer seconded by Lacasa. Further disuussion?
All right, sir, call the roll.
This being the dare and time advertised for receiving sealed bids
for construction of Lyndale Sanitary Sewer Improvement District, the Mayor
announced that the City Commission was now ready to receive sealed bids:
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 80-440
A MOTIO14 TO RECEIVE, OPEN, READ AND REFER TO THE CITY
MANAGER FOR TABULATION AND REPORT BIDS AUTHORIZED TO
BE RECEIVED THIS DATE FOR LY14DALE SANITARY SEWER
IMPROVEMENT DISTRICT SP.-5462-C (CENTFRLINF. SFWEP) AND
SR-5462-S (SIDELINE SEWER)
Upon being seconded by Commissioner Lacasa, the motion was passed
and adopted by the foll.nwing vote:
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Cibson
Commissioner Joe Carol.lo
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None
BIDS WERE RECEIVED FROM THE: FOLLOWING FIRMS:
F. J. Siller Company
Paul N. Howard Company
Intercounty Construction Corporation of Florida
Rocco Ferrera and Company, Inc.
,toe Reinertson Equipment Company
Iacobelli Contracting, Inc.
Lanzo Construction Company
Gianetti Brothers Construction Company
FOLLOWING ROLL CALL:
Mr. Plummer- How many bids do you have total in number?
Mr. Ongie: Eight, sir.
' (Continued Discussion) FIRST REA7I1iG ORDINA`1CF: CRFATIFG NEt!
5. IN THE: DEPARTMEIIT OF POLICE., TO BE: KP'OLJ i AS "OFFICE OF PROFrssjor?T.I,
COMPLIANCE"; PROVIDING FOR THE APPOINTMENT OF DIRECTOR, LTC.
Perre:: All right, we're going to get in answer from Mr. Knox.
ahea(l.
Mr. Knox: Yes, sir...
Mayor Ferre: Mr. Gary, please. Mr. Gary, after Mr. Knox is finished,
tlr. Plummer is going to make his amended motion. You have an answer
to Mr. Carollo so we can proceed and move, hopefully, with a little
more haste. Mr. Knox.
10
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4 9
Mr. Knox: Mr. Mayor and members of the Commission, Commissioner Plummer's
suggested manner of appointment is permissable under the Charter, Section
8-8 of the Charter.
Mayor Terre: Mr. Plummer, are you willing to make your motion now?
Mr. Plummer: Yes, sir. I move eighteen as amended, that the Commission
makes the appointments of the board.
Mayor Ferre: All right, can we have order in this building? Those of
you in the back that wish to talk would you please go outside. Mr. Manaqer,
would you have somebody in administration to go back there. I think
you are going to keep somebody back there to keep people quiet. All right,
go ahead.
Mr. Lacasa: Second.
Mayor Ferre: All right, there is a motion and a second. Now Mr. Gary,
to Mr. Carollo's question.
Mr. Gary: Well, let me respond to both questions. With regard to
Commissioner Plummer's amendment, that the four members be appointed
by the City Commission. As you stated earlier, Mr. Mayor, and we
were quite aware of it, that then you start talkinq about police review
or participation you're dealing with two extremes. And to get these
two extremes to some middle point of compromise and agreement so that
both parties would benefit from whatever you decide, that you have to
make compromises. One of those compromises was that the appointments
would be taken out of the political realm and included in the administrative
realm. And based on that, the Fraternal Order of Police, as well as
the community bouqht the plan. Now I'm not so sure that the Fraternal
Order of Police and the community will now buy that type of amendment
to the plan. With regard to Commissioner Carollo's questions, when
we were preparing a plan, we also agreed that any parts of this plan
would not be leaked out or what have you, until we had an opportunity
to discuss it with the various parties involved, namely the Fraternal
Order of Police and various community representatives. In doing that,
we did not go to the liberty of developing official job specifications,
qualifications and appropriate salary ranges. We envisoned that that
would occur after this particular legislation is passed. Once the
Human Resources Department prepares the job specs, they might come to
the conclusion that the positons should not be labled or titled
investigative but something else, and that the salary would also be
something else. It could be less.
Mr. Carollo: Thank you, Mr. Gary. I just hope that we find a better
excuse in paying someone twenty thousand dollars a year and calling them
an investigator when they are not going to be an investigator. Thank
you.
-►Mayor Ferre: All right, further discussion? Call the roll please.
Let the record reflect that all members of the Commission and members
of the public have a copy of the ordinance. Call the roll. _
(CONTINUED ON NEXT PAGE)
ist
11 J UN 2 61980
AN ORDINANCE ENTITLED -
AN ORDINANCE CREATING A MEW OFFICE. IN THE DEPARTMENT
OF POLICE, WITHIN THE. OFFICE OF THE POLICE CHIEF, TO
BE KN'?'n"d AS THE "OFFICE OF PRnFEESIONAL COMPLIANCE"
(OPC); PROVIDING FOR mr ArPnTNTMF.NT OF A DIRECTOR
OF SAID OFFICE BY THr CITY MANAGER AFTER SELECTION BY
THE CHIEF Or POLICE, AND FOR THE APPOINTMENT OF
THREE INVESTIGATORS, TO BF RECOMMENDED BY A SEVEN
MEMBER ADVISORY COM,MITTFE WHICIi IS ALSO BEING
ESTABLISHED BY THE TERMS OF TIIIS ORDINANCE, AND FOR
THE APPOINTMENT BY THE CITY MANAGER OF ONE SECRETARY
TO BE SELECTED BY SAID DIRECTOP.; PROVIDING FOR THE
OPERATION OF THE OPC AND PRESCRIBING THE FUNCTIONS
AND DUTIES THF.P.EOF; CONTAINING A REPEALER PROVISION
AI4D A SEVERABILITY CLAUSE
Was introduced by Commissioner Plummer and seconded by Commissioner
Lacasa and passed on its first reading by title by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner ;'ev.) Theodore R. Gibson
11:ce-Mayo. Armando Lacasa
Mayor Maurice A. Ferre
NOrS: Commissioner Joe Carollo
l,BSENT: None
ABSTAINING: None
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
6. ALLAPATTAH COMAIL'NITY ACTION, INC.
Motion to continue funding of Hot Meals Program.
Mayor Ferre: We're goinq to take up then, the item on Allapattah Community
Action which is item number ten. Is that correct? All right, the Chair
recognizes you, Senor Rodriguez. We need a translator, Mr. Grassie.
Mr. Isidoro Rogriguez (THROUGH AN INTERPRETER): Mr. Mayor...
-Mr. Plummer: Has the Chair announced the time limit on this item?
- 1
Mayor Ferre: Do you think twenty minutes will do? Will be sufficient
for this? (MAYOR FEPRF TRANSLATES INTO SPANISH)
Mr. Rodriquez: Mayor, City Commissioners, I take advantage of this
opportunity to come before you to speak on behalf of Allapattah Community
Action, a non-profit. corporation whose purpose is to work for the
bettermer)t of the City of Miami, particularly the area known as Allapattah.
This area comprises a large number of senior citizens fallinq into the
vr•r}, low income category. We know the need...
Mayer Ferre: I would recommend this, since you have a copy of the
translation, let him make his statement in Spanish and then you read it
in English. Okay? (STATEMENT TRANSLATED INTO SPMIISH BY MAYOR FERRF)
12
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1 9
(HERE FOLLOWS MR. RODRIGUEZ'S STATEMENT TRANSLATED INTO THE ENGLISH
LANGUAGE)
Mr. Rodriguez: I'm taking this opportunity to speak before this
legislative body on behalf of the Allapattah Community Action, a non-profit
corporation whose existence is inspired in the purpose for the betterment
of the area within the City of Miami known as Allapattah. This area
comprises a large number of senior citizens falling into the very
low income category. We know the needs of these people and we are
devoted to alleviate the imperious needs. It is our main concern to
provide food to those old persons residing in the area who cannot afford
it by themselves, and to provide also, education which conveys the
spiritual values so needed in order to have a fruitful existence. This
institution which I represent is operating a Hot Meals and Senior
Citizens Activity Program with funds granted by the City of Miami. We
received a limited fund to ten thousand dollars to scarcely operate
same during the months of May and June, 1980. This money is being used
to cover basic expenses required for the operation of the program. We have
to pay rent to Metro Dade County in the amount of eleven hundred and
fifty-five dollars every month for a space not large enough according
to our needs. And the paid staff is also very limited, hit fortunately,
we count on kind hearted people who volunteered their precious time to
make our program a successful. From May 5th to June 25th of this year,
we have provided forty-three hundred seventy eight... four thousand three
hundred seventy-eight hot meals to senior citizen participants. The
Department of Community Development established of not less than one
hundred and eighty unrepeated participants as a minimum requirement
and we have surpassed that goal by reaching the number of three hundred
and sixty-five on June 25th. We have been able to do that in a shorter
of period of time than the one we have indicated. With all these
encouraging facts, it is our responsibility to come before you gentlemen
to respectfully request that this Commission extend the fundinq for the
continuation of this humanitarian program beginning on the month of July
1980. We need the amount of sixty thousand dollars to conduct this
program for a period of twevle months. The people of Allapattah need
your corporation and we know that your hearts are wide open with
understanding and sjmpathy for those who have given so much to our societ%.
Isidore Rodriguez, President, Allapattah Community Action, Inc.
Mayor Ferre: All right, Mr. Lacasa.
Mr. Lacasa: Well Mr. h4ayor, I'm ready to move that the adminstration
finds and allocates the money, probably from the CD allocation so we can
fund this program.
Mayor Ferre: Father, there is a motion being made and you're the only
one I see around here. Before you leave, there is a motion beinq made
by Commissioner Lacasa that the adminstration be instucted to sit down
and come up with the funds so that this hot meal program can proceed.
-(STATEMENT TRANSLATED IN SPANISH BY MAYOR FERRE).
-i
Father Gibson: The motion is that the adminstration be instructed to come
up with the money? _
Mr. Lacasa: To come up with the monies from the CD allocation.
Fattier Gibson: Mr. Mayor, I would like the motion better if it were said
that the Manaqer should investigate and find out the probability. And if
you could...
Mr. Lacasa: I accept that Father.
Father Gibson: All right, I'll second that motion.
Mayor Ferre: Okay. Then you have to come back with a specific report
as to how you are going to fund it and what the amounts are because I'm
a little confused. All right, there is a motion and a second. Plummer, the
13 JUN 2 61980
■
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Mayor Ferre (continued): motion is that the Manager investigate and
report back to the Commission with a recommendation. The thrust is
positive that he come back with a solution to that problem.
Mr. Plummer: Let me understand, Mr. Mayor, so that we don't misunderstand
later. As thi. item, and we're speaking to ten, correct?
Mayor Ferre: Yes.
Mr. Plummer: Okay. As this item appears, it would be of course, for
six year funding, additional funding. That's the basis and thrust.
Mayor Ferre: In other words, it wouldn't go into effect until October,
is that what you are saying?
Mr. Plummer: When does the CD year go into effect? Okay, in effect now.
But they are asking for additional funding? Now, I think before we open
Pandors's box to eight times this number down here, it has to be known
that it is not going to be to the detriment of other target areas.
Mayor Ferre: Oh, yes.
Mr. Plummer: Well, lets put it on the record and clarify it now.
Mayor Ferre: Is that acceptable to you, Lacasa?
Mr. Lacasa: It is.
Mayor Ferre: Is that acceptable to you?
Mr. Plummer: And the (b) portion of that, Dena, has to be where are the
additional, if granted by this Commission, coming from. I think that's
the most important thing.
Mayor Ferre: Further discussion? If not, call the roll. Further
discussion? Call the roll.
The following motion was introduced by Commissioner Lacasa, who
moved its adoption:
MOTION NO. 80-441
A MOTION INSTRUCTING, THE CITY MANAGER TO INVESTIGATE
SOURCES OF FUNDING TO CONTINUE THE HOT MEALS PROGRAM
BEING ADMINISTERED BY ALLAPATTAH COMMUNITY ACTION, INC.
AND TO REPORT HIS RECOMMENDATIONS TO THE CITY COMMISSION
WITH THE UNDERSTANDING THAT SUCH FUNDING SHALL NOT BE
DETERIMENTAL TO ANY OTHER CD TARGET AREA
Upon being seconded by Commissioner Gibson, the motion was passed
Viand adopted by the following vote:
AYES: Vice -Mayor Armando Lacasa _
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
W)FS : None
14
0 1
7. PERSONAL APPEARANCE: Miriam Canas, President
ACCION COtWNITY ACTION AGENCY
Mayor Ferre: All right, now the next item that we have...there was a
group of people that are here on, what was the other item? Eleven?
All right, I'd like to ask Miriam Canas to step forward. Is Miriam
Canas here? Go ahead, Miriam.
Mrs. Miriam Canas: Good afternoon City Mayor, good afternoon distinghished
Commissioners. My name is Miriam Canas and I am the Chairperson of
Accion Community Action Agency, the center that serves in the Little Havana
area. We have a problem and I'm going to be very simple and short because
I'm bringing the solution of the problem so you can resolve it today
if you want to or if you could. Our problem is that we are servinq too
many persons in our center with very little staff. We are short of staff,
we have been short of staff for many years. But since, lately, we have
a crisis in town, we have a problem. We have too many Cuban refugees coming
to the center to request services, people from Nicargua and other countries.
We need more staff and instead of having more staff, we're going to have
two staff left because they are CETA workers and they will finish their
program on June the 30th. So we will only have two persons to manage
the center. I've distributed some information with numbers and figures.
You can take a look at it and you can see that we serve about two
thousand persons every month. We cannot possible do that at all with the
staff we have now. So we are requesting from you...
Mayor Ferre: Mr. manager, could you have somebody keep the people quiet
in the back?
Mr. Grassie: We have. a police officer back there.
Mayor Ferre: Well I don't know what he's doing, maybe he better send another
one to help. All right.
Mrs. Canas: I said that I have a problem and a solution. It doesn't mean
that this is the solution because two persons will not solve the problem
in Accion, but it will help if those two persons will be there working
and serving the community. Since we serve over eighty-five percent of
our clients are in the Little Havana area, in the City of Miami, we are
requesting from you to help us with those two positions.
Mayor Ferre: All right, now. Miriam, so that we are fair about this,
this is a County program.
6s. Canas: You're right.
Mayor Ferre: The City of Miami has nothing to do with this progiart, but
I would like to know, before we get deeper into it, have you talked to
the County and what was their response, and can they solve your problem?
And why are you hear before the City of Miami Commission.
Mrs. Canas: The reason I'm here is because Community Accion Agency, and
Father Gibson knows about it, they don't have any funds to pay for those
two staff persons. So we requested funds from them, we requested these
two positions and they say they don't have any money.
Mayor Ferre: We don't have any money either, as you know, and we certainly
don't have any...
Mrs. Canas: Yeah, since we are serving eighty-five percent of our clients
that are from the City of Miami...
J U N d 61980
ist 15
Mayor Ferre: How much?
Mrs. Cana: Eighty-five percent of our clients are from the City of Miami
area. We imaoine that you can help us with this problem.
Mayor Ferre: You realize that thq people that live in the City of Miami
also live in Dade County.
Mrs. Canas: I know that.
Mayor Ferre: And therefore, the people who live in Dade County and the
City of Miami are thc• responsibility also of Metropolitan Dade County.
Mrs. Canas: I'm aware of that, that's the reason we requested from
Community Action Agency because they are Dade Ccnnty and they say they
don't have the money and they cannot do anything to help us.
Mr. Plummer: You said you had a solution, I haven't heard the solution.
Mrs. Canas: It's that you provide us two staff persons.
Mr. Plummer: That's not a solution.
Mrs. Canas: Ot, yes. That's a solution to our problem.
Mr. Plummer: No, that is the problem.
Mayor Ferre: All right, Dena.
Miss Dena Spillman: I'd like to make some comments on the proposal.
Mayor Ferre: All right, quickly. You have exactly five minutes left
and then...
Ms. Spillman: I will be very quick, First of all, as we just discussed,
these are County employees who are on the County's payroll. They are
no*_ City emplo}'ce's. We would be funding County employees. We don't
usually do that. Secondly, today on your agenda you are going to be
considering a proposal which you asked for to serve refugees in Little
Havana to be operated through the Little Havana Activities Center. I
think there may he some duplicatir,n there. Secondly, as Commissioner
Plummer just pointed out, when we take money from one program and put
it into another program, you would like to keep it within the same
target area. We have no more funds in Little Havana that we can switch
around anymore. We're very heavy in social programs in Little Havana. It
would be very difficult.
Mayor Ferre: All right, questions from the members of the Commission.
Father Gibson, Mr. Carollo, any questions?
*,r. Carollo: No.
Mayor Fc;rrp: Mr. Lacasa, any questions?
Mr. Lacasa: Well at this time, we are also negotiating with Dade County
to try to get them to fund these two positions. I am very familiar
with this particular program, Mr. Mayor, and members of the Commission, and
for many, many years ' worked very close with the program, and I do
holieve that it is an essential part of our community. It's probably
one• of the most effective programs in the whole Dade County area. But
I do also feel that it is a Dade County government responsbility, and we
are at this particular point, negotiating with the office of the Manager
of Dade County to secure those two positions. In the even that Dade
;'aunty fails to provide the positions, I'll be more than willing to
request from our own admiristration to seek alternatives. But at this point,
I would like to have the opportunity to exhaust the County possibility because
it looks good. Maybe what we should do at this point, Mr. Mayor, I am
going to move that the City Commission officially...
ist 16
6 6
Mayor Ferro: Before you move, I'll recognize you for a motion, but lets
see if Plummer has any questions or statements.
Mr. Plunner: A simple statement. The cubboard is bare.
Mayor Ferro: All right, Mr. Lacasa, for your motion.
Mr. Lacasa: I'm going to move that the City Commission officially request
from the Dade County government that they fund these two positions for
Accion and that this be a request, an official request by the City
Commission.
Mayor Ferre: All right, is there a second?
Mr. Carollo: Second.
Mayor Ferre: There's a second by Mr. Carllo. Further discussion on that
motion? All right, call the roll.
The following motion was introduced by Commissioner Lacasa, who
moved its adoption:
MOTION NO. 80-442
A MOTION TO OFFICIALLY REQUEST METROPOLITAN DADE
COUNTY TO FUND TWO ADDITIONAL POSITIONS AS
REQUESTED BY THE BOARD OF DIRECTORS OF ACCION
COMMUNITY ACTION AGENCY
Upon being seconded by Commissioner Carollo, the motion was passed
and adopted by the following vote:
AYES: Vice -Mayor Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
FOLLOWING ROLL CALL:
Mayor Ferre: Would the Clerk take this motion out of its normal order,
call Mrs. Miriam Cana, and would the administration assign somebody to
call Merrit Sterheim's Office, the appropriate person, to stress the
importance and that we would like very much for the County to cooperate
with us on this particular issue and we'll be very grateful and remember
it in the future. Okay? Thank you.
.JUN 2 61°3`�
ist 17
8. IMPLEMENT ECONOMIC DEVELOPMENT PROGRAMS IN SEVERAL C.D. TARGET
AREAS. See Motions 80-443, 444, 445, 446, 447, 448, 449, 450 and
454
Mayor Ferret Lets take up item twenty-three. Dona ... I'm sorry, Mr.
Fosmoen. What I'm trying to do is get rid of all the people who are
here in groups, especially senior citizens. And once we get rid of
the senior citizens, they can go back to their homes or what have you,
and then we'll go back to the regular agenda. All right, take up
item twenty-three. Mr. Fosmoen. Go ahead, sir.
Mr. Fosmoen: Mr. Mayor, let me see if I can put this item in some
perspective for the City Commission. Do you want to wait until Commissioner
Plummer returns or do you want to go through with this one now.
Mayor Ferre: Go ahead, he'll catch up. We're going to do this in half
an hour, okay? Can we do this in half an hour? Yes, we're going to do
this in half an hour.
tor. Lacasa: Excuse me, Mr. Mayor, in order to save time, I am very
fami?.iar with this particular item. I've been meeting with all of the
parties involved. And I understand that there are some neogitiations
between these parties and that there is the possibility of a resolution
though which everyboay will coordinate efforts. So in view of that,
I will request that this item be deferred.
Mr. Fosmoen: The entire item?
Mr. Carcllo: I second that.
Mr. Lacasa: Item twenty-three.
Mayor Ferre: There is a motion and a second. There's a problem with one
particular area where we are going to lose a grant if you defer, is that
correct?
Mr. Fosmoen: That's correct, sir.
Mayor Ferre: The problem with that is that I made a commitment yesterday
and I saw Mr. Moses Florence here and some cf the people from Washington
Heights. Is Moses Florence here? Anybody here from Washington Heights?
All right, Reggie, I made a commitment to you that we wouldn't take any
of this up until you were all here. Are you and Moses the representatives
or do you want to wait for Mr. Fields? I can't hear you.
.� (INAUDIBLE COMMENT FROM THE AUDIENCE)
Mayor Ferret You want to proceed? Okay. NOw, I would like to ask the
maker of the motion, and the seconder of the motion that the only
exception to this be in the area of the Overtown-Culmer area b,_ ase
if we delay this, we will miss the possibility of a Federal grant. Are
you involved in a Federal Grant?
Mr. Fosmoen: Mr. Mayor, there are some community based organization
recommendations that are not controversial. There are some,
admittedly, some that are. Perhaps we should take a few minutes and
defer those, defer those that are...
Mayor Ferre: Lets not kill the whole thing. Which are the items that
you want to defer, particularly, Armando?
ist
4 4
Mr. Lacasa: There is one particular item that is the one that is
controversial, that is the one pertaining to Allapattah.
Mr. Plummer: No, well that's not the only one.
Mayor Ferre: Well, if you would make your motions one by one, then I
think we can, hopefully, take the things that perhaps are less controversial
or that we can decide on.
Mr. Lacasa: Okay, I move on the Allapattah one.
Mayor Ferre: Carollo, do you still want to second that? Joe, this
is Allapattah, are you going to second the deferral? Okay, we're talking
strictly about Allapattah. Now, you don't want this deferred?
(INAUDIBLE COMMENTS FROM THE AUDIENCE)
Mayor Ferre: Would you, would the maker of the motion stress why you
would want this item deferred.
Mr. Lacasa: Basically, there are three competing organizations for this
particular grant. And I understand, that at least two of them are in
conversations in trying to coordinate their efforts to work it out in
a way, that instead of having this controversy, which through a certain
extent, polarized this particular community. They come to work together
and everybody gets their own resources together and produce something
more productive. And I've been called by this organization and I've
been asked for an opportunity to continue discussing among themselves
so they can come out with a final solution that might be a compromise
between them.
Mayor Ferre: All right, let me ask you this. Mr. Fosmoen, is there
anything that would be hurt? Do we have any applications for Federal
funding for anything that would be hurt if this were delayed until
when? Until the meeting in July.
Mr. Fosmoen: No, nothing that I'm aware of, sir.
Mayor Ferre: Does anybody have any reason why this should not be
delayed at this time, other than a personal inconvenience. Yes, sir.
Your name and address for the record. You've got exactly two minutes
to make your statement.
Mr. John Hughes: It won't take that long, Mr. Mayor. I'm John Hughes
and I'm from Dade Savings, and I'm President of Allapattah Merchants
Association. We have approximately fifty people here and most of them
are business people, and they've taken time off and some of them closed
their businesses to come down here today to support the Merchants
Association in this effort. We have met with the other group that
Mr. Lacasa is talking about, we have not resolved any problems. We
aren't any closer together on getting together than we were before, so
" we would like to go to conclusion with it today, if possible. We don't
see anything gained by, you know, prolonging the vote. We're ready to
go. Thank you.
Mayor Ferre: All right, do you want to make a statement? You have
two minutes.
Mrs. Annette F.isenberq: Annette Eisenberg, Little River Commerce
Association. We are in limbo, Mayor. We are funded partially by
Dark' County and partially by the City of Miami. But we have a work
protiram laid out by the City of Miami and if we keep delaying that
month by month, we aren't going to meet our goals. We would like the
decision now so that we can proceed. We do have funding ter June and
July. The funding is not the important problem with us right now. It
is the fact that we have committed ourselves to a work prngram and we
need those months to fulfill.
J UN
ist 19 2 61980
Mayor Ferre: All right, Mr. Fosmoen, is the adminstration recommending
the funding to the AMA.
Mr. Fosmoen: NO.
Mayor Ferre: You're not.
Mr. Fosmoen: The Allapattah Merchants Association?
Mayor Ferre: Yes.
Mr. Fosmoen: The 36th Street Merchants Association. Same thing. Yes,
okay.
Mayor Ferre: Let me ask you again.
Mayor Ferre: Is the administration recommending the funding of
fifty thousand dollars, I see it on the memorandum to the Allapattah
Merchants Association?
Mr. Fosmoen: Yes.
Mayor Ferre: The answer is yes.
Mr. Fosmoen: Who is the opponent group? Who is opposed to this?
The two of you.
(INAUDIBLE COMMENT FROM THE AUDIENCE)
Mayor Ferre: You need to talk. Are you opposed to them getting this
fifty thousand dollar grant? Is there anybody else opposed to this?
Is there anybody representing this group. You're opposed to the
AMA grant?
(INAUDIBLE COMMENT FROM THE AUDIENCE)
Mayor Ferre: Look let me ask again. Is there anybody else opposed to
the AMA getting a fifty thousand dollar grant here. Opposed. Against.
(INAUDIBLE COMMENT FROM THE AUDIENCE)
Mayor Ferre: All right, that's what I want to know. All right. Now.
we have a motion before us that this item be deferred. Is there
further discussion from members of the Commission on the deferral?
Mr. Plummer: Well Mr. Mayor, let me say this. I have to admit that my
mind is pretty well made but I think that I ... I know that I will extend
the courtesy as has it's been in the past extended to me on a number
of occassions, when one Commissioner requests that additional information,
or for whatever reason, I will support that request for a deferral and
because of that I will vote for it. I want it on the record that my
a mind is pretty well made up but, in fact, I'm going to support my
collegue who has asked for the right to have more time to decide.
Mayor Ferre: Further discussion? Call the roll on the deferra'
The following motion was introduced by Commissioner Lacasa, who
moved its adoption:
(CONTINUED ON NEXT PAGE)
20 � , 1, � r � , �• n
ist
6 4
MOTION NO. 80-443
A MOTION TO DEFER EXECUTION OF CONTRACTUAL AGREEMENT
F,R NEIGHBORHOOD ECONOMIC DEVELOPMENT PROGRAM IN THE
A.LhPATTAH CD TARGET AREA PENDING RESOLUTION OF
(3MPETING ORGANIZATIONS' PROBLEMS WITHIN THE SUBJECT
,REA SO THAT THEIR DISCUSSIONS To RESOLVE THIS MATTER
1AY CONTINUE AND FURTHER DIRECTING THE ADMINISTRATION
'0 REPCRT TO THE CITY COMMISSION ON JULY 10, 1980
Upon eing seconded by Commissioner Carollo, the motion was passed
and adopte by the following vote:
AYES: Vice -Mayor Armando Lacasa
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
NOES: *Mayor Maurice A. Ferre
ON THE RO'.L CALL:
*Mayor Ferre: On this particular item, I will vote no on the deferral.
I think that this thing has had sufficient time and it's time for us
to make a decision. I recognize my collegues interest in getting
further information but he has his four votes and I just think that it's
time for us to proceed in deciding this. All right.
Those of you from Allapattah, I'm sorry the item has been deferred. It
will cane up on the July meeting. What day in July, Mr....
Mr. Fosmeon: July loth.
(INAUDIBLE COMMENT Ft-)M THE AUDIENCE)
Mr. Plu:ripr: ;tP i+ict expressed it, sir, twice.
Ma•,or Terre: You heard ten minutes of explanation why. We're not
going to retreat that. On the loth of July this item will come up again.
Mr. Plummer: Mr. Ma•ior, yes, I have a problem and maybe this would be
good foi the Allapattah people to hear because I want to put iL on top
of the table now. Pr Mayor, we're dealing with a total of a quarter
of a million dollars and I have a problem, and being taken out of line
here is a total other request. If we'd have followed the agenda, would
have been in order, and that is that the Downtown group, Mr. Callejas
wants to make a prc-sintation and I think he has a Very good point in
,n, ,i ',0 vo,i'-v only granting five grants, when in fact there are
eight tartlet areas and he feels, and I want to be truthful, I feel
that when you distribute, the reason we have eight target areas is
though'r'r Federal c+uidelines, and before we can take and give any
of thee( grants, I want to hear from the downtown group as well as the
other t-,). Sn, thet could, in fact, change the allocations if you
have to divide by s•e'ren rather than by five. I want to at least hear
it. So what I am '.n fact saying, that the fifty thousand might not be
the app?icatior, i, might be less but I don't want to vote on any of
this until I have the opportunity to hear from the others.
21 JUN 2 619W
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Mayor Ferret Or it could be one hundred and fifty thousand more.
Mr. Plummer: It it's there. I don't know that there are any additional
hundred and fifty thousand dollars.
Mayor Ferro: Father Gibson.
Father Gibsont How many target areas do we have? I mean, I think we
ought to establish, you know, put that apart, put it in place. I mean,
Ma. Spillman, how many do we have?
tor. lbsmoen: We have eight target areas.
Father Gibson: Well now, you know.
Mr. Pluisner: what the administration is saying, they have another
hundred and fifty thousand dollars, I have no problem. At least I can
at least deal with all of them fairly.
Mr. Fosmoen: Let fie try and respond, Commissioner. There are six
target areas represented here. One of the target areas, I'm sorry,
five target areas. The allocation, each target area receives an
allocation out of our Community Development Block Grant. And the five
that you have, have opted within that allocation to set aside fifty
thousand dollars for economic development. In the case of Coconut Grove,
for example, they have not yet chosen to set aside a portion of their
allocation, of fifty thousand dollars for economic development. So it's
not an additional fund, would simply be a shifting of funds within the
target area.
Mr. Plummer: Yes, sir. What happened to the Downtown group?
Mr. Fosmoen: Well, if you want, we can respond to Mr. Callejas...
Mr. Plummer: No, respond to me.
Mr. Fosmoen: ...letter at this point. We are not recommending a fifty
thousand dollar set aside in downtown for this kind of activity. The
activity that we envision here 4.9 part of a City wide economic development
effort. it is directed at neighborhoods that are experiencing severe
economic problems. Now, in my mind, downtown is not experiencing A
severe economic problem. The funding that we have set aside for downtown
relates to the New Town In -town Project.
MR. Plunnert But that's not the target area.
Mr. Fosmoen: Yes it is within the target area.
Mr. Plummer: Oh, the Now Town. I'm sorry. You're talking about Park West.
,t Mr. Fosmoen: Yes.
Mr. Plummer: Yes, okay. =
Mr. Fosmoen: And, you know, there's virtually no vacant commercial
property in downtown, Commissioner. We're attempting to use these
funds to the best purpose and to add three staff people to Mr. Callejas
operation doesn't strike me as an appropriate use. You know...
Mr. Plummer: That's you. Okay, but I want the right to make a...
Mr. Fosoen: ...and that is our recommendation. Of course you do.
Mr. Plummer: But I'm not getting that.
Mr. Fosmoent You asked me what our position was and I'm telling you. Our
recommendation is that we not set aside fifty thousand dollars in
downtown to support the Merchants Association.
Jul r ^ , r
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Mr. Plummer: That's fine. I appreciate your comments but I'm still
the Commissioner and I'm still going to do the last voting around here,
and all I'm saying is that this man has not even been afforded the
consideration in item twenty-three.
Mr. Fosmoen: Because...
Mr. Plummer: He had to come here as a personal appearance to even be
heard.
Mr. Fosmoen: Commissioner, when this body approves the Community Development
application, approximately three months ago, there was no set aside
recommended at that time for downtown.
Mr. Plummer: What is the total allocation from CD in the 6th year for
downtown?
Mr. Fosmoen: I'll have to ask Dena if she recalls.
Mr. Plummer: Round figures.
Mr. Fosmoen: Approximately two hundred thousand dollars, Commissioner.
Mr. Plummer: Is there a board existing?
Mr. Fosmoen: No, there is not.
Mr. Plummer: There is no board.
Mr. Fosmoen: No. Commissioner, there hasn't been.
Mr. Plummer: That, you know, that doesn't make it right.
Mr. Fosmoen: But I don't know why you're surprised.
Mr. Plummer: Whose administering the two hundred thousand dollars?
Mr. Fosmoen: I don't know why you are surprised, I mean, this isn't
something that we decided unilaterally.
Mr. Plummer: I'm surprised because they had no one to appeal to. There
is no board to make an allocation of fifty thousand, and shift if the}
wanted. Who is administering the two hundred thousand dollars?
Mr. Fosmoen: This Commission approved the Community Development application
three months ago.
Mr.Plummer: Doesn t the Federal guidelines make it mandatory that there
shall be a target area committee.
Mr. Fosmoen: No.
Mr. Plummer: Oh, they do not. Well, I'm still saying that if this
Commission wants the latitude of shifting fifty thousand dollars of
that money, and we feel that the Merchants Association of Downtown is
justified in their request, then lets deal with it all in one lump sum
is the way I'm looking at it. I understand what you are saying.
Mayor Ferre: All right, are there further statements with regard to
Allapattah.
�
JUN 2 6 ISSO
r
AT THIS TIME, THE CITY COMMISSION DISCUSSES FUNDING FOR OVERTOWN COMMUNITY
DEVELOPMENT ADVISORY BOARD
Mayor Ferret All right, lets hear the Overtown thing first and then
we'll revert back to the regular agenda. Lots get rid of some of
these people that are here. So, lets proceed with item twenty-three on
Overtown.
Mr. Fosmoen: Mr. Mayor, members of the Coymission, the recommendation
that is before you to establish a fund and a program in Overtown of
fifty thousand dollars for economic development is the third decision
in a series of three relating to the City's total economic development
program. The first decision you made was to accept the Bailey report
which establishes the Miami Capital Development Corporation. The
second decision you made was to approve the Community Development
application for this year. We have advertised in the newspapers, and
have worked with groups in the community in establishing Outreach
offices as part of of our whole economic development effort. If you
wish, I can ask Mr. Castano to review with you the selection process that
was used in reaching the recommendation that we have on Overtwwn. I would
also point out to the Commission that approximately a month and one half
ago, you asked us to do an independent evaluation of the existing New
Washington Heights Board and activity and to bring back an evaluation. We have
that at this meeting. So I think we have, perhaps two issues. Number
one, which organization should receive funding for economic development
outreach activities; and number two, the Commission's acceptance of the
evaluation of New Washington Heights. Do you wish to have an overview
of the selection process?
Mayor Ferret Yes.
Mr. Fosmoen: Julio.
Mayor Ferro: Mr. Castano, you have five minutes to make your presentation.
The administration has a further five minutes to conclude its statements
with regards to the study made by Me. Watson. The opposition has ten
minutes, and then the Commission will have ten minutes. We're going
to be out of this item by four o'clock.
Mr. Julio Castano; Mr. Mayor, Mr. Commissioners, Julio Castano, Director
of the Department of Trade and Commerce. The process that we used for
slection for recommendation to the Commission of the neighborhood groups
were done for all the neighborhoods of the target areas. On March 17th,
we had a CD Board workshop with each one of the boards. On the
23rd, a placement of advertisement was placed in the major newspapers,
and to each CD board for proposals. On the 23rd of April, was the
deadline for the submission of these proposals, and on the 28Lh. opies
of the proposals were sent to the appropriate target area boards.
April the 28th, to May the 9th, the staff reviewed and graded these
proposals and we'll go through that in a second. Between mid May and
and mid June, the board from each target group area met with staff and
compared staff recommendation against theirs, and they made a
recommendation. On the 13th, these recommendations were submitted to the
City Manager and to the City Commission for their decision. And those
are the recomendations of staff and of the Community Development Target
group Boards. Allapattah has been postponed, and as you can see, that
leaves us with Edison Little River. The City staff recommends that
the Little River Commerce Association... the CD Advisory Board met on
June the 4th but did not make a recommendation of an agency. Little
Havana staff recommended that the SPOC and there was no meeting
scheduled in Little Havana due to a lack of a board. And Model
Cities, the Martin Luther King Neighborhood Association was recommended
0
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.JUVI
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Mr. Castano (continued): by both the staff and the community. In
Overtown, the Overtown Economic Corporation was recommend..!d by both staff
and the community. And in Wynwood, the staff recommended the Small
Business Opportunity Center, SPOC, and the community met on two
occassions and they lacked a quorum so no decision was made there. And
that's where we are, sir.
Mayor Ferre: All right. We are not talking, I don't know why you
drifted into other areas. The only area that we're talking about right
now, at this time...
Mr. Castano: Well, that saves you for me repeating that in every
single neighborhood. It was the same for everybody.
Mayor Ferre: All right, we're now talking about the Overtown situation.
All right, the next speaker is the administration on its report on Ms. wacson.
Mr. Fosmoen: Mr. Mayor, I won't take any time. You've had the report.
It was distributed to you. Miss Watson is here to respond to any
questions that the Commission may have. Her recommendation is that
we not renew the contract with New Washington Heights. Our staff
position on economic development activities in the neighborhood is that
we worked with the newly organized group.
Mayor Ferre: All right, Mrs. Watson, welcome to the City of Miami
Commission. Would you very briefly, and by that I mean in a minute
or two at most, give us resume of your conclusions.
Miss Watson: Thank you, Mr. Mayor and Commissioners. I'm a little
concerned as to what you've asked me to do because there are a couple
of observations that I'd like to make...
Mayor Ferre: Go right ahead.
Miss Watson: ...in addition to my report. It's been indicated that
my report finalizes itself by recommending that you not refund the
New Was'Ungton Heights Board for the 1980, 1981 session. I'd like to
make a couple of observatons though. As I've listened to you talk
about community economic development, and your proposal to allot
fifty thousand dollars to various sections, I have not heard any where
in your remarks today any indication that you intend to set aside, what
to me is most important, if any of the depressed areas of. Miami are
to succeed. And it is what you normally call venture capital but I
call risk capital. I submit to you gentlemen, that fifty thousand
dollars will do very little in any of the depressed areas. And the
one that I looked at specifically, is the Culmer-Overtown area. It will
not take up the salaries necessary to bring into the area the competence
needed to put the black communities, and that's what I'm talking about
specifically, into the mainstream of the economic life of Mimmi. I would
hope that before you begin to spend your next money, that you will review
very carefully what is needed to upgrade a community, what is needed in
terms of risk capital to guarantee the unsophisticated brand new
entrepreneurs become successful. And I would suggest to you ih-: that
requires risk or venture capital. I'd also like to make one Scher
observation. I think you do not only the minority, and specifically
the black community a disservice when you dole out money to them year
after year without monitoring them very directly. And monitoring them
from the first day that they get their allotment. Your contract and
your work programs must indicate what they have to do. They must not
ht, a repetition of a group not knowing that it must have citizen
participation, that'its own group is not just the citizen participation
necessary, but that they must have citizen participation of an
independent group that has the right to help them plan, that has what
I call ongoing continuing monitoring, and that has constant evaluation.
And constant evaluation, Mr.Mayor, does not mean bringing into the
City a Goldie Watson for a four or five day look at what has happened.
It means establishing in your community people who have the ability to
monitor constantly so that these unsophisticated groups can learn. It
ist
JUN 2 61980
ow
/ f—
Miss Watson (continued): must be your ultimate plan that five years
from now, we will have in all of the area that you've mentioned, whether
it's five or eleven, competence that has been developed. I'll answer
any other questions that I'm asked.
Mayor Ferro: All right, questions of Miss Watson? If not, thank you
very much, Miss Watson.
Miss Watson: Thank you.
Mayor Ferre: All right, back to the administration, conclude you statement.
All right, Mr. Florence, can you make your statement in ten minutes?
Mr. Moses Florence: I'll try, Mr. Mayor. But as you are aware, the
activities that we have to discuss there have been ongoing for almost
a year now.
Mayor Ferre: I understand but we have at least, at .least six or seven
more hours of work before we get to the zoning agenda which starts
at 7:00 o'clock.
Mr. rlorence: I can appreciate that, sir, and I will make the presentation
as brief as I possibly can but I have to...
Mayor Ferre: You've got ten minutes.
Mr. Florence: I have to indicate that these people here have been
waiting all day and the community has been waiting for two hundred
years to get some form of development done in the community.
Mayor Ferre: I understand. That's right. And there are many other
communities in this town that have been waiting for two hundred years
too, so you go ahead.
Mr. Florence: My name is Moses Florence and I'm the President of the
New Washington Heights Community Development Conference. As all of you
rare aware, we have been active in the Overtown area since 1973 trying
our best to work towards the economic revitilazation of that area. Since
1975, 76, we have been funded with various amounts, a total of approximately
three hundred and fifty thousand dollars up to today, by the City of
Miami CD Program to perform functions related to economic development
services within that community. An evaluation was performed of the
organization, as you all are aware, back in January of 1980, presented
to you in March of 1980. We presented to you a rebuttal to that evaluation
by the City and you then requested Miss Goldie Watson to do an
independent evaluation of the Overtown area and New Washington Heights.
My concern here this afternoon is two. First of all, to identify for
you things that possibly were not in here report that demonstrate the
kinds of activities that New Washington Heights in involved in; and secondly,
to indicate to you that in item twenty-three, the reference to the
fifty thousand dollars for monies that are to be utilized in conjunction
with the City wide program, we have no disagreement with. The City and
the community have recommended an organization which we have no problems
with. Our concern is as what Miss Watson has just stated, is t:.dc
what the City plans to do in Overtown is not enough. It is the wrong time
to be cutting funds in that community from two hundred and six thousand,
which is not enough to begin with, down to fifty thousand. It is wrong
for the City to come in and say they are going to take over the
redevelopment of the Overtown area when ail of these people are sitting
here with an interest and a concern in that Overtown area and not being
allowed to participate in those activities and in those actions. So I
just want to take just a few minutes to bring you up to date with our
work plan and then to identify the kinds of things that we feel that
this Commission should be funding in terms of economic development
in the Overtown area.
Mr. Plummer: Excuse me, Moses, I have to ask a cluestion.
ist
Mayor Ferre: Don't rake it it's against his time.
%r. Plummer: I'm ],)sing something. As outlined in item twenty-three,
we are only speaking to the fifty thousand dollar grant. We are not
speaking to the New Washington Heia_hts Economic Development Council,
we're not speaking of anything but the fifty thousand. Now, the other
item that you want to speak about...
Mr. Just t(-ll me where I'm lost, because if not...
Mr, !Insr's: Here's the problem...
Mr. Plummer: ...then I think it's within the purview of the Chairman
who has set down the rules ant c�.iidelit,cs tri kc"!,, on the agenda.
Mr. "OS(-s: .'ir, when we were here on 'larch 31 st, 198(, you requester',
an evalution, a separate evaluation of '•'ew Washington Heights in regards
to out continued funding. AnJ you asked for that to }c brou:int back to
you at the June Commissici, mrwf-ting. It is the City administration which
decided not to put thrt on the ay.ienda, to try and slily it in under
the fifty thousand dollars, ae. were under the impression that we would het
an opportunity to present our case to you along with the evaluation. The
City did not tell us that we would not have an opportunity to speak. They
put the agenda together. They neglected to put us on the agenda. So that
is why we have to expand it.
Mr. Plummer: Ok, Moses, let me... and it I'm wroi,g, I stand corrected, but
this Commission is limited in its action by that published agenda and this
Commission todav can do no more than what's on this agenda. Now, if I'm
not completely out of the ball parle speaking to other than the fifty
thousand dollars is wasting your time today. Your truck with the administration
I can understand, but this Cornnission in its vote of today is limited to
that fifty thousand.
Mr. "doses: Alrihht, Mr. Plunmcr, isn't it ;possible that this Commission
could make a recommendation to your City staff to go back and to revise the
budget that they have prepared for this overtown area to include the funds
that have just been identified or eluded to as being needed for economic
development in the uvertovn area. This is what we were under the impression
that was going to happen at this meeting as a result of the study, whether
or not there would be a funding of New Washington HeighLs. Now, we have
nothing to do with how the City listed that on the agenda and I think it
would be...
Mr. Plummer: The best that I think you could hope--- and I'm speaking only
as one--- as it is advertised, the best you could have is a deferment and then
hopefully this item as well as your that you want to speak to could be
scheduled both on the same agenda, but now, you know, I'm only speaking "or
one.
:Mr. ,- Alright, we could do that... We could do that if there were...
'Again, Mr. Plummer and meml,trs of the Commission, we have an ongoing program
and we have seven people working at that program. We are in 04e-rocess
now of... We are in the process of handling about a million and a half
dollars worth of reconstruction loans for businesses and property owners
In that area right now. We would be willing to defer this matter so that
it can be brought properly before you on the agenda, but we would have to
be allowed to continue our operations until that next meeting, so that
what we are involved in is not stopped an.i secondly, because it is not
our fault that it is not on this agenda this afternoon and then we would
be in perfect agreement to bring the matter back to you.
Mavor Ferre: Now, Dr. Portier, I'm not going to at this point... I will
later on recognize you. Let me tell you what I think the problem is and
perhaps Fosmoen or Tony, you or Julio can address yourself to it. We have
a deadline of July 1st to make an application for... what is it?
Mr. Fosmoen: For a shopping center in Overtown.
27 JUG► u 6 iyIQ' J
le r�
Mayor Ferris: Now, that application has got to be signed before July lot or
you can just say goodbye to any possibility of current funding.
Mr. Foamoen: And there must be a local organisation that is cosponsoring
that application sir and the reason...
Mayor Ferro: Excuse ma. And so I understand that you were recommending
that we fund the Overtown Economic Development Corporation so that they
In conjunction with the City of Miami can be the applicants for the funding
for that project. Is that correct?
Mr. Fosmoen: Yes, sir.
Mr. Moses: And we are in disagreement with this.
Mayor Ferro: And of course, New Washington Heights is in disagreement.
Mr. Moses: That was part of our work plan for this year and we have already
done the...
Mayor Ferro: And that's why we have a problem in the deferral. Now, is the
Overtown Economic Development Corporation here? Ok, now... Now, how many
spokesmen are we going to have for... does anybody want to speak for the
Overtown?
UNIDENTIFIED SPEAKER: Yes.
Mayor Ferro: Who wants to speak for the Overtown Development Corporation?
Who is the spokesman? Are you the spokesman? I will recognize you in a
little while.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Fevre: Oh, I see. Well, then we wait until you have your spokesman
here and we will hear from you, but in the meantime you proceed, finish your
statement.
Mr. Plummer: Can I ask a question?
Mayor Ferro: Go ahead.
Mr. Plummer: Mr. Fosmoen, how long has this matter of the shopping center
been being worked on by the Administration?
Mr. Posmoisn: Probably three or four months Commissioner.
Mr. hoses: And we have been working on it since October sir.
Mr. Plummer: No, no, I'm talking about the grant. How long has it been
known that the grant was available?
Mr. Fosmoen: Three to four months approximately.
'Ms. Plummer: Thank you.
Mr. Fosmoen: And we have been attempting to get a resolution of-••'.:ch a
community based organization for economic development purposes this
Commission is going to recognize.
(BACKGROUND COMMENTS OFF THE PUBLIC RECORD)
Mayor Ferro: Plummer says that we shouldn't have to decide this on the
last day of June right,before the July lot deadline.
Mr. Plummer: Well, Mr. Mayor, I will be happy to put it on the record
because it's a continuing disagreement that I have with the Administration.
And that disagreement is that things are put onto agendas and they are put
on so that this Commission has no choice, either take what the Administration
hand feeds to you, because if you don't you don't have any time to do what
the Commission itself wants. I as just tired of coming up have before this
Commission with itsms on agendas, it's placed before as and if you don't
vote favorably on this today, we are going to lose it. That's not the
900
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2
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Is that what you are telling me?
Ms. Spillman: We had two negative staff evaluations and we have had one
negative outside evaluation.
Rev. Gibson: Alright, you are saying now that there is an organization in
place?
Ms. Spillman: It's a new organization. It is just starting out and you will
have to give them a lot of...
Rev. Gibson: I didn't ask you that. I said you said that there was a new
organization in place. Now, look, what I'm saying... look, Dana, you don't
understand that language. They understand what I'm saying. You are saying
that "hey, you didn't qualify. I got somebody or something that does qualify".
Isn't that what you are telling us?
Ms. Spillman: Correct.
Rev. Gibson: Ok, that's what I want to get on the table.
Mayor Ferre: Alright, further questions of Dena? Moses, then go ahead and
proceed.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Well, I... you can make whatever statement you have. As I
recall when we cut you off, you had about five minutes left right?
Mr. noses: Mr. Mayor, we entered into a contract with the City of Miami
in June of 1979 to provide certain services in the Overtown area. What I have
on the board here are two of the items that were involved in our work plan.
I wanted to have an opportunity to go through and just identify for you.
Give me a chance to talk honey, then you can clap. We wanted to go through
with you some of the activities that we have been involved in. One of the
major parts of our work program for 1979-80 was the implementation of a
major development project. Everyone should understand that up until this
year and including this year New Washington Heights never had funds to do
development, that is to bring things out of the ground. We were provided
funds to do services. To do planning and to do studies and to do techical
assistance to businesses and property owners in the area. Part of the
work program this year included us implementing a major development project.
We became involved during the year with two major development projects. One
of them being the shopping center which was referred to earlier. New Washington
Heights has been active in the community working towards the packaging of this
shopping center site. The shopping center is contingent upon a 1.8 million
dollar EDA grant. It is proposed that the shopping center under this EDA
proposal, that the shopping center be developed by a community based organization
so that the shopping center is owned by persons within the community. New
Washington Heights undertook this task. We did part of the planning in
conjunction with the City in this planning survey that was done. We have
canvassed the businesses and identified businesses which would be willing to
move into the shopping center. We have done the architectual renderings on
toe shopping center to get a visual affect as to what the facility will look
like. We have created a local development corporation which has the wherewithal
to generate the capital in addition to the EDA funds to develop the shopping
center and keep it's ownership directly and totally within the cor%lity.
This is one of the projects we are involved in. The second project we were
involved in was a hotel complex to be built as part of the Washington Heights
rapid transit station site development. As you are aware there is approximately
a six block area in front of the rapid transit station site which has been
proposed in the Overtown redevelopment plan for redevelopment in conjunction
with the station. Part of that plan included development of a hotel complex
to service the government center and the community. New Washington Heights
has instituted the planning study for this hotel. We have developed a
contact with the property owners in that area and are in process of putting
the legal documents together now for a joint venture with the property
owners within that area and the local development corporation of New
Washington Heights to build the hotel. It's approximately a seven million
dollar project that is being developed which will also when completed
employ approximately thirty-five people in the community and would generate
some where around 1.8 million dollars of income within the community. These
are projects that we have on going. One of the other aspects of our
contract involves stabilizing existing businesses and I gave you... I passed
30 ..1. 1 c 6�
4 6
out to you a list of the 'businesses and the projects that we are currently
working with and before you are pictures of some of the buildings that we are
currently involve with revitalizing. We have applications now, three of which
have already been approved for approximately 1.3 million dollars in renovations
and rehabilitation of buildings in the Overtown area. We have been working for
two or three years now to develop the program and to get the kinks out of the
program that the County had developed for revitalization of the buildings in
that community to improve the appearance of the area. We now have that program
cranked up and moving very fast and these items are not in any of the evaluations
which you have before you. You can look at those evaluations and you will not
see these figures. I can't tell you why they are not there, but these are
the kinds of activities that we are involved in. We are creating... if you
will look on that list, we are creating through the construction process
alone close to one hundred jobs in the Overtown area. We are expanding the
number of businesses as a result of the rehabilitation of these buildings
by a number which you can identify on that sheet of approximately fifteen
businesses that are going to be expanded and brought into that area as a
result of the revitalization work that we are involved in. Part of our contract
involved providing workshops and seminars for the business people in that
community. We have already organized a Merchant-, Association which is here
present members of the Merchants As,+,;clation and which also wish to speak to you.
In addition these are the other functions that our staff has conducted in
that community to assist the businesses in that area. Mr. Mayor, what we
are trying to do and we are tryii,F to get the Commission to understand is that
a decision was made by the City of Miami staff in January of 1980 not to
refund New (Washington Heights. That decision was not based on an evaluation
of New Washington Heights because the evaluation had not been done by them.
It was brought on because of conflicts that were brought before you between
New Washington Heights and the community participation section of the City
of Miami. As Ms. noldie Watson indicated to you and as we have tried to
indicate in our process of back in January and also in March. The role of
the two organizations that you see fueding with each other was never properly
defined by the City. Confusion has existed in the community since it's
inception as to hew cacti organization is to perform. The City has determined
not the as such, the City has determined that New Washington Heights cannot
exist in that area anymore and we know why or we feel we know why that decision
is being made.
xiiyor Ferre: Alright, Mr. ?loses, ve have now been half an hour on this subject
an,1 we must bring th{s matter to a conclusion,. The item before us is whether
or not we accept... I will recognize him very briefly in a moment. The item
before us is whether nr not this Administration who's recoounendation that
we spent fifty thousand dollars with an organization ... what's the name of it?
The Overtown Community Development....
Mr. Plummer: Overtovn Economic Development Corporation.
Mayor Ferre: ... Economic Development . And that, that be the entity that
will sponsor the request for the development of the shopping center that
must be signed by July the 1st. Now, that's the issue before us. The
secondary issue before us is whether or not New Washington Heights, since
their cut-off date is July the 1st continues beyond July 1st. Those are the
two issues before us. Now, my position at this point, unless I hear...
Mr. Plummer: Mr. Mayor, I have a third point to add to that.
Mayor Ferre: Go ahead.
Mr. Plummer: Mr. Mayor, I have to put on the record that I can't speak
for the rest of the Commission and I hope that they would recognize this is
the first time 1 have heard of the shoppin;; center, ok. This is the first
time I have heard about it. And I don't know that I want either group to
do the shopping center grant because I have got to know more about it before
this City goes on line as to the grant. So I see a third item and I don't
necessarily see that whatever group this is chosen today to award fifty
thousand dollars is going to be the applicant for a grant in the name of
this City without this Commission knowing what the hell is going on and at
this point. I don't know.
Mayor Ferre: Ok, so then we have a third area of concern and discussion.
Now, with regards to the first, which is whether or not these people get
the fifty thousand dollar grant... with regards to the first, as far as
I'm concerned as I understand the situation, we... I'm sorry. You the +
31 J J N 2 61980
r
community out there in Overtown Culmer elected a Community Development Board
which is represented by some people here. Now. this Community Development Board
that represents the people of that area decided not to support the New
Washington Heights Board, because they said that this is not a community
based board. I have for the last year tried to ask both of these organizations
which are... with the exception of one man, all black to get together and
solve their differences. You haven't been able to do it. I have tried time
and time again. Last night I was under the impression that perhaps it had been
done. It hadn't been done. Now, in addition to the fact that the community
board is against the funding of this money to New Washington Heights, the
Administration is against it and on top of that we got somebody to come in
from the outside who came in supposedly as an objective observer of some
knowledge studied the whole situation for four days and recommends again
that we not fund New Washington Heights. Now, in the face of all those things
the community support not being there, the Administrators recommendation
twice in a row and the outside expert recommending that New Washington Heights
not be funded. I don't know how I'm going to be able to vote for this. So
in other words I wish to just put on the record that as far as this vote is
concerned, unless there is some strong evidence that is presented before us. I
have to go along with the recommendation of the community board and that's my
position and that's just one voice here. Now that is not to say and then I'm
going to recognize you. That is not to say that I would not be for the funding
of a project, that the New Washii,,,ton Heights Board might not bring before us
that we could do some separate funding on. And perhaps, as I told you last
night, I think there is an area which is really and you explained it to me
and I'm sorry, I don't understand the difference between an LCD...
Mr. Burton: We will explain it again, I don't have any problem.
I think Mr. Mayor, the problem that you are discussing goes far beyond the
fifty thousand dollars that we are talking about here today. You are talking
about minimizing the amount of economic development to community based
organizations to fifty thousand dollars per target area and that's ridiculous.
It took us almost four years to get a reasonable level of economic development
funding in New Washington Heights and that's not adequate. I'm saying that
the process through which economic development will be channelled in this
community is really what this discussion is about. It has nothing to do with
the Overtown Economic Development Authority. It has nothing to do with New
Washington Heights. It has to do with the citizens of this City participating
in economic development based on a community base structure that they have
5cme input on. I submit to you that the City capital corporation and the kinds
of entities that they are trying to set up to feed business into it is not the
kinds of entities that's going to make a major change in the Black community.
I further submit to you that the staff of the City of Miami has had all of the
resources that have been allocated by the federal government to do the job
that New Washington Heights has been breaking its back to do for the last
seven years and they have not made a dent in it. I contend that they are
not going to make a dent in it with the additional dollars that you are talking
about putting to them now. I'm saying to you that you need to establish a
community based economic development organism. Part of the reason they don't
want New Washington Heights funded is because of the creation of a local
development corporation. That entity is guaranteed under 502 of the SBA.
It allows entities to start with a small injection of capital to leverage that
capital four to one with SBA, take that five match and lend it in the community
Ott a nine to one match. The ability to produce projects has not been available
to New Washington Heights in the past. The fifty thousand dollars that you are
talking about giving to economic development is not sufficient to r., staff
and staff isn't what's needed. It's concrete and mortar. It's the ability to
create the kinds of infra structure that has been needed in this community.
Ms. Watson talked about equity capital. The ability for small businessmen to
gain the monies that they need. The monies that you the larger community get
from your friends and from your family and from your associates. We don't have
that kind of capital. Domestic entity is an element that can create that kind
of organism in our community. And I submit to you that staff has undergone
a tremendous effort, not only to conceil that activity, but to eliminate
New Washington Heights at a very critical point. Let me bring you back to
one point. Economic development is a time related activity. Development
does not happen in a vacuum. For it to happen certain things must be in
place. Water, light, streets, sewers those elements have to be in place
prior to development going on. In the Culmer community those elements are
just now going into place. The streets in Culmer were completed less than
six months ago. I submit to you that some of the activities that the City
government is still undertaking in relations to the demolition of
32
housing. It's creating additional blight that makes economic development
within that community all but impossible. I will finish Mr. Mayor, by saying
that what has been accomplished by New Washington Heights and the community
has been in spite of the City and its staff. We submit to you that it's time
to give us some assistance in making the redevelopment of Overtown work and
I'm not talking about... I'm not talking about making it work for the Downtown
Development Authorit} or for the City wide Capital Corporation. I'm talking
about these Black folk who live cover there in that community. I'm talking
about providing jobs dnd an opportunity for them to get into this main stream.
That's what I'm talking about.
Mayor Ferre: Ok, alright, thank you, for your statement. Now, Mr. Gary you
seem to want to say something into the microphone. Are you still anxious to
say something?
Mr. Gary: Yes, those emotional words don't get me upset. I agree with what
Mr. Burton says with regard to finding and all those nice projects. I think
the issue is, is that once you decide to do that, that the instrument by
which that is accomplished is not New Washington Heights. We have gone through
this process, the City Commission has asked us to do this study, this evaluation
and we have accomplished all of that. Nov, somk comments have been made that
you know, this is an argument between two Black groups. Well, that's not the
real issue. The real issue is, is that the City Commission has paid a staff
in the form of New Washington Heights to perform a function. The citizens of
that community elected duly according to the rules established by this City
Commission and the City to represent the City. Thke citizens of that area do
not want that organization. They feel that organization has not accomplished
any thing. Our staff has agreed and we had an evaluator that said the same
thing. Now, obviously the City Commission on a mimher of occasions have said
that the citizens participation activity in the City does not work because
staff can never get alone with the citizens participation activity. Well, in
this case you have the citizen participation activity and staff agreeing. We
have complied with the regulation. We have complied with the monitoring. We
have done monitoring, and we have evaluated and we have evaluated. It appears
that in order to get those things accomplished in that community not for one
organization, but for those people: that live there, that we need to get off
of dead center and make a decision with regard to a new organization. That's
all I have to say.
My. 11c).s-s: Mr. Mayor, the problem of course, goes deeper than that.
Mayor Ferrc: Go ahead.
Mr. Lock, I Just want to identify the document that 1 just gave to
you. This document is the 502 program of the SBA and it's available
only to local development corporations. New Washington 11eights is the only
local development corporation authorized to participate in tl,c. SBA 502 program
in all of Dade Count. There is no other group and we have letters to document
that fact. This allows us to take a million dollars in funding, which we
anticipate receiving through the State program and multiplying that to
approximately six million dollars in loans that are going to be made available
in that community. The City is aware of this, but they are also aware that
if our funds get cut off and we don't have the ability to function between
-nbw and September when these funds become available, that the money does not
come into the community. They are aware of that. The City Mr. Mayor has
created a structure which they brought to you back in January ane ...'.ch you
have approved, which takes economic development out of the Overtown community.
It takes the functions that we perform under the local development corporation
and it places them with the City Capital Development Corporation to be run
out of Downtown Miami. That type of activity has to remain in the community
and it has to be a local based organization that provides these kinds of
funds, that gent -rates these kinds of funds so that an economic base can be
built in our community and not at City Hall.
Mr. Plummer: May I responded, Mr. Mayor? The previous speaker, I do not know
the gentleman, but I want to speak to some comments that he made, because
I can't let it pass here that those comments which he made are correct,
because they are incorrect. Mr. Moses, you are well aware sir, that thib
City of Miami has not spent and doesn't contemplate fifty thousand dollars
for economic development. This City has spent with your organization, if
I'm correct, in a three year period some four hundred thousand.
Mr. moses: Three hundred fifty.
33
JU14 2 6 19PQ
Mr. Plummer: Ok. Well,... Ok, I will accept that. So this Co=ission is not
speaking of fifty thousand, it's speaking of three hundred fifty to four hundred
thousand dollars. Now, as I see this before us and I keep getting back to this
Mr. Moses, that what we are looking at here is an additional fifty, not total
fifty, but an additional. Ok, now as we understand from what the Mayor said
as a predicate in the beginning, that this is money that the CD Target group
have allocated from their own funding for the purposes of economic development.
Mr. Moses: As indicated by the staff.
Mr. Plummer: No, ro, no.
Mr. Moses: They allocated a hundred eleven thousand and the staff said that
only fifty thousand would be used for this program.
Mr. Plummer: Mr. Moses, there are other areas in which that is disagreed
upon in this statement air. Not your area, but in other areas, namely
Allapattah, ok.
Mr. Moses: But in Overtown a hundred eleven thousand.
Mr. Plummer: What I'm talking about is that this is the CD group. They have
reassigned their priorities making fifty thousand dollars available more, not
just total, more and I don't want anybody to walk away from this Commission
under what I call a false pretense that we have only invested fifty thousand.
Mx. Moses: I think the point he was trying to make air, was that we have
New Washington Heights on its own has programs going now with a staff of
seven people, ok. Then the fifty thousand dollars limits that down to one,
so the programs that are ongoing are going to have to drop because the resources
available have dropped. That's basically what he was indicating.
Mayor Ferre: Alright, Mr. Florence, we are now fifteen minutes beyond the
allotted time and we have not heard one word from... and Dana, I don't know
whether you or who the representative is of your group, if you wish to speak
I will recognize you for a very short statement and then we have got to.,
vote on this thing.
Mr. Moses: And Mr. Mayor, just one more comment and I'm through.
Mayor Ferre: Go ahead.
Mr. Moses: We are not in disagreement with the fifty thousand dollars
going to that local group. We have no problems with that. Our basis was
not the fifty thousand dollars, but the additional monies required for
economic development.
Mayor Ferre: I understand that.
Mr. Moses: So the fifty thousand is no problem.
Mayor Ferre: And I'm going to have a recommendation that perhaps we can
talk about this local development company, if you are the only one here,
that perhaps we ought to come back with a recommendation for the funding
ark the... this as a local development company. Now, if what the statement
made here is true that they have a potential of getting a million dollars
in September. Go ahead Dana.
Ms. Dana Chapman: Mr. Mayor, I'm not the one that was to speak and I still
don't see Charlie here. But the Overtown Economic Development wasn't concerned
about certain things that didn't happen in our community because of New
Washington Heights. It came about as an alternative. It was nothing we
ever really wanted to get in. I think those of us that are involved are
very busy people. However, we saw and felt that there was a necessity for
an alternate group. Our Board is comprised and the main thing we thought
that was lacking with the New Washington Heights group and I'm not trying to
take any thing away from them, it is very simply that the residents and the
property owners and the business people were not a part of their Board. Most
of the people came from out of the area. What we wanted to get through
community participation with our Overtown Community Development Board was
an organisation that represented very simply the people who's problems are
Li
there and live with them very simply everyday. This meant also as far as
economic development is concerned bringing in the expertise that we needed
from other parts of the County. Such as financial institutions. Ameri-First
Federal is willing to participate with us. It is my understanding that both
Sun Bank and another commercial bank. We had it all framed out for you with
Charlie. But we are concerned that those people that live in Overtown, those E
that have businesses. Those that live there are represented. That's number
one. The second thing that we are concerned about is that we have the proper
expertise. The proper knowledge and competent people within that community to
do what is necessary to do. I'm sitting up here looking at one of these
things down here that has the Dorsey Hotel on it that was my father's and is
mine. Nobody has talked to me about the Dorsey Hotel. The City has, talking
about tearing it down. That's apart of somebody's work program here, I would
imagine or may be it's the pavement on the streets. I don't know, but these
are problems that we have faced with. Not getting proper information. Not
being properly represented in this community. Now, let me give you a fine
example and people are always talking about salaries, but if I had a competent
staff, I wouldn't mine paying a hundred twenty-one thousand dollars out in the
community. And then 1... they have expended ninety-two thousand seven hundred
thirty-one dollars. Do you know what they allocated to the community in the
beginning? Eleven thousand dollars. Do you know how much this Black community
that they say they are going to do all of these things for have allocated in
the Black community. One hundred fifty dollars. That's one client. My
concern is that we }lavc proper representation that is also the kind of persons
that have the expertise and New Washington Heights does not have it. If they
had it they haven't done anything with it in three, four... seven years some
others say. I was a part of tbis Board and some of the criteria that Ms.
Watkins mentioned in her report was some of the things :hat we said to New
Washington Heights as a member of the Board. Three of us. Ms. Laura Bethel,
Ms. Marie Petit and myself said last year get your house in order. Let's
get ready to repreFent the people as we should through this organization. I
tell you very simply, I'm tired of being raped and prostituted by all people
and I don't intend to be Black and raped by this group or anybody else. I
have listened very ;yard and very closely to the young people in the streets.
I'm no leader, I have never been one. I'm a good follower and I don't want
to have to get to the place where 1 have got to pick my grandbaby up on my
left hip and a Molotov cocktail in another to prove a point. The people are
not listening to us when we are saying to you what our needs are and what we
think are proper methods and procedures to go about it and I don't want no
dummies leading me. It's that damn simple. And I think it's time we realized
wnat we have got over there.
Mayor Ferre: Alright, arc there any other statements by members of the
Commission at this time? if not, Mr. Lacasa, I'm going to turn► over the
gavel to you and I'm going to make a motion that the development... that the
CD Board for Overtown...
Mr. Grassie: Overtown Economic Development Corporation.
Mayor Ferre: Yes. That the recommendation of the Board to fund the Overtown
Economic Corporation or whatever it's called be upheld and I so move.
Mr: Lacasa: There is a motion, do I hear a second?
Mr. Plummer: Well, I'm sorry Mr. Mayor, I was out of the room. So -hat
I'm going to ask is your motion that the Overtown Economic Development
Corporation be awarded the fifty thousand dollars?
Mayor Ferre: Yes.
Mr. Plummer: Period? I second the motion.
Mr. Lacasa: There is a motion and a second under discussion.
Mr. Plummer: Under discussion. I want it fully understood of what I'm
noting on and what I seconded a motion to. That the CD group who has the
allocation of funds has prigritized their allocation and included a new
segment of fifty thousand for economic development and it is their choice
to in fact award that grant to this Overtown Economic Development Corporation.
Nothing more. I hope the staff understands that.
Mayor Ferre: Further discussion, alright, call the roll.
35 JU14 2 619Qon
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4.,
Mr. Lacasa: Please call the roll.
The following motion was introduced by Commissioner Ferre, who moved its
adoption.
MOTION NO. 80-446
A MOTION ACCEPTING THE RECOMMENDATION OF THE OVERTOWN
COMMUNITY DEVELOPMENT ADVISORY BOARD TO FUND A
NEIGHBORHOOD ECONOMIC DEVELOPMENT PROGRAM IN THE
AMOUNT OF $50,000 FOR "OVERTOWN DEVELOPMENT CORPORATION,
INC."
Upon being seconded by Commissioner Plummer, 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.
AT THIS POINT THE CITY COMMISSION DISCUSSES POSSIBLE FUNDING FOR A LOCAL
DEVELOPMENT CORPORATION, NAMELY: "NEW WASHINGTON HEIGHTS ECONOMIC DEVELOP-
MENT CONFERENCE, INC."
Mayor Ferre: Now, I want to now make another motion Mr. Lacasa and that
is that the Administration be instructed hopefully by the next meeting, if
rot by the July 23rd meeting to come back with a possible recommendation for
the assistance on the part of the City of Miami to a local development
corporation which is named New Washington Heights. That is named New
Washington Heights that would apply for matching funds as previously
explained from the 502 money SBA to be forthcoming in September and if
indeed what has been stated here is being the only LDC in Dade County and
that there is some possibility, some, even a remote possibility of 502 SBA
funding, that you come back with some kind of a recommendation as to how
to proceed on that.
Mr. Lacasa: There is a motion, do I hear a second on this? Father Gibson
seconds under discussion.
Mr. Plummer: Mr. Mayor, just for clarification. Are you including is that
you intent in that motion this so-called development of a shopping
center?
Mayor Ferre: No, that has nothing to do with the motion. All we.arp saying
is they are claiming that they can get funded... that they have a potential
of a million dollar funding on 502 SBA funds and all I'm saying is that
I'm telling the Administration to investigate that and come back to this
Commission with a report. The statement has been made that they are the only
firm in town that is an LDC. If that is the case then I want them to verify
that with the SBA and whoever else is involved and report back to this
Commission at the next Commission Meeting which is July the loth and if not
certainly by July 23rd. That's the intent of my motion.
Mr. Moses: Mr. Mayor, the only things we would want add is that as you are
aware, our funding stops on the 3rd. We have to keep our funding going.
We have approximately forty thousand dollars which the City has not allowed
us to spend in our current contract, which we would like to continue to use
for this.
Mayor Ferre: Alright, that's another thing. Let's get one at a time.
36 ;�.-.
Alright, now, if there is no other discussion on it, call the question.
Mr. Lacasa: Well, we are under discussion. Further discussion, please call
the roll.
The following motion was introduced by Commissioner Ferre, who moved its
adoption.
MOTION NO. 80-445
A MOTION INSTRUCTING THE ADMINISTRATION TO COME
BACK WITH RECOMMENDATIONS FOR THE CITY COMMISSION AT
THE JULY 10, 1980 MEETING CONCERNING POSSIBLE. ASSISTANCE
BY THE CITY OF MIAMI TO A LOCAL DEVELOPMENT CORPORATION,
NAMELY, THE NEW WASHINGTON HEIGHTS ECONOMIC DEVELOPMENT
CONFERENCE, INC., WHO HAVE APPLIED FOR 502-SBA FUNDS
TO BE FORTHCOMING IN SEPTEMBER, AND FURTHER INSTRUCTING
THE ADMINISTRATION TO COME BACK WITH THEIR FINDINGS.
Upon being seconded by Commissioner Gibson, 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.
AT THIS TIME:, THE CITY Cn"'_^'ISSION DISCUSSES TEMPORAFY FUNDING OF NEW WASHINGTON
HEIGHTS ECONOMIC COMidUNITY DEVELOPMENT CONFERF.NCF., INS,__
Mayor Ferre: Alright, now comes the question of funding. How much would it
cost between now and the lOth day of July to fund this?
Mr. Fields: Sir, I have no idea what that amount would be. I can identify
for you that we have remaining in our existing contract now forty thousand
dollars.
Mayor Ferre: Now, you are not going to spend forty thousand dollars in
two weeks.
Mr. Fields: No, we won't... that won't take place in two weeks, that's for
sure.
Mayor Ferre: Now, what I want to know from you is how much funding is
required to keep you going between now and the loth day of July, tt;at's
all I'm asking you.
Mr. Fields: Well, I don't have that figure. Mr. Mayor, we are hopeful that
you won't hold us to a July loth cut-off date. We... these things are in
process. These things are in process and we are going to meet with your
staff prior to that. Could we possibly come back with them with the
recommendation at that time also?
Mayor Ferre: Mr. Fields, there is no reason why this Administration cannot
come back in two weeks with a recommendation. There are no promises here.
If their recommendation is negative, then we have that to face and I don't
want to give you any false hopes of anything at this point. All I'm asking
you is that your statements be verified and I think it must be done quickly
and we must bring this to a head quickly. What your statements... If your
statement is correct and there is some potential, then I think we should
proceed. If it isn't correct I don't want to be putting up any
37 SUN 2 61980
false hopes before you at this time.
Mr. Fields: Well, we are prepared to meet with your... the City's staff as
soon as possible.
Mayor Ferre: Ok. Now, I would like to make as part of that motion that the
staff meet with these people tomorrow, because it's going to require that
amount of time if you are going to meet the deadline. So my motion now Mr.
Chairman is that the City of Miami out of the forty thousand dollars still or
from wherever fund the New Washington Heights expenses on salary and other
ongoing type of expenses to be discussed tomorrow until July the loth when
you will come back with your report and that furthermore, the Administration
be instructed to meet with the New Washington Heights people tomorrow. Friday
the 27th day of June. I so move.
Mr. Lacasa: There is a motion, do I hear a second!
Mr. Plummer: Well, is there a maximum put on those expenses? It would seem
logical to me that it should not exceed ten percent.
Mayor Ferre: Ten percent of what?
Mr. Plummer: Of the carry over. Four thousand dollars.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Fosmoen: Might I suggest a sort of a continuing funding resolution at
the same salary and over head expenses?
Mayor Ferre: Ok, I accept that as an amendment. Ok, further discussion?
I'm sorry.
Mr. Lacasa: Is there a second? We haven't had a second yet.
Mr. Plummer: Father seconded.
Mr. Lacasa: You seconded? There is a motion and a second, further discussion,
call the roll.
The following motion was introduced by Commissioner Ferre, who moved its
adoption.
MOTION NO. 80-446
A MOTION TO CONTINUE FUNDING OF THE NEW WASHINGTON HEIGHTS
ECONOMIC COMMUNITY DEVELOPMENT CONFERENCE, INC. UNTIL JULY
10, 1980 AT THE SAME FUNDING LEVELS AT PREVIOUSLY EXISTED,
AND INSTRUCTING THE STAFF TO MEET WITH REPRESENTATIVES OF
THE NEW WASHINGTON HEIGHTS AREA ON FRIDAY, JUNE 27, 1980
TO DISCUSS THIS MATTER.
Upon being seconded by Commissioner Gibson, 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.
Mayor Ferre: Now, for the last question, which is the question of who is
going to sign the application for the development of that shopping center
wherever it is. Now, would the Administration address itself to that issue?
38
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How was the City involved? Why wasn't this Commission informed of it? And
who is going to answer that? Julio?
Mr. Formoen: I'm going to ask Mr. Reed to review with the Commission the
application.
Mayor Ferre: Go ahead Mr. Reed, I'm waiting to hear.
Mr. Reid: Jim Reid, Planning Director of the City of Miami. We have been
working since about December on the idea that a shopping center should be
funded in Overtown with the source being the EDA public works program. The
basic idea of this program... it's the same program we have used in Little
Havana is that the City would be partners with a community based organization
in applying for the funds and that the funds would be used to... on public
land located at 3rd Avenue and 14th Street in that vicinity to construct a
shopping center about thirty-five thousand square feet with the
commmunity organization to lease that to prospective tenants. Initially in
December prior to the, really the erruption of the major controversy between
New Washington Heights and the Community Board, we had conversations with
New Washington heights and the EDA about their possible designation as a
community based organization to be our partners in seeking the shopping center
funds. In the initial conversation with EDA they suggested that before they
were going to be interested in any proposal from the City, that there had to
be a feasibility study done than it was a sound venture from the point of
view private enterprise. The Cit: funded that feasibility study and based on
the feasibility study in February submitted what is called the pre -application
to EDA to ascertain any interest or problems that they might have with this
shopping center concept. The pre -application said that the City would work
with New Washinton Heights or a community based organization designated by
tl:e City Commission. We have not pursued that application further in terms
of filing a full application with EDA because in good conscience we did not
feel that we could do it until this issue of the... each organization or what
community group was desired by the City Commission that the City's staff worked
with in this area. So the situation i,, we have filed a pre -application with
the economic development administration for funds that would be used to build
a shopping center. That pre -application says that the pattner in the center
would either be New Washington Heights or a cunununity based organization that
is designated by the City Conunigsion and we have not filed a final application
because the filing; of such application, we feel is predicated on a decision
by this Commission ab to the corununity based organization that the City would
o,� partners with.
Mr. Plummer: And there is a deadline on that application?
Mr. Reid: The application in terms of funding, if it is to be funded in this
fiscal year, would have to be filed next week. In other words if we expect
funding before September 30th the application would have to be filed. Yes,
there is a deadline. The program itself, the EDA special program funds do not
cease as of September 30th, they simply go into a new program year. So if
we want it funded by the federal government in this fiscal year wo should
make a decision today or by July 1st on the designation of a community based
organization and so that's the question.
Mr.. Plummer: That's all you have got to say about a million eight dollars?
Mr. Reid: Well, Commissioner Plummer, that's... I can elaborate in any
detail that you want to on the project and what it's intented to The
fact of the matter is the funds are not available to the City until it has
enters into a partnership with a community based organization. The fact
of the matter is that until today we have not had direction from this Commission
on what community based organization would receive the fifty thousand dollars.
So...
Mayor Ferre: Alright, I would hope that we would not lose an important
opportunity to make an application for an important project in an area that
very much needs that kind of redevelopment. Would you outline to us Mr. Reid
the... your opinion of the possibilities of funding for such a project and
why,
Mr. Reid: I think the possibilities for funding are very good. Number one,
the Chief Administrators of the economic development administration are
familiar with the project area. Robert Hall the head of EDA has been down
and toured the area. Curtis McClinton the head of the office of special
programs has toured the area and they have from... The people who are running
39 JUN 2 619M
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the program are interested in doing project in Overtown, number one. Number
two, we have a good project. We have a project that is economically feasible,
not only from the point of view of City staff, but from the point of view of
private economic market consultants that are... that do this type of thing
throughout Dade County in terms of assessing the viability of shopping centers.
Number three, it is a great need in the community. Part of the analysis that
we did on this shopping center feasibility was to interview a hundred seventeen
some people in the area. Must of them shop outside Overtown in terms of the
Overtown boundaries. There is no major supermarket in the area. There are
a number of smaller stores. So we are losing in effect the opportunity to
shop within Overtown. We are losing jobs. We are losing income to the
Overtown area. And we have had a letter from the Overtown Merchants Association
expressing their interest in the shopping center concept and working with the
City presumably to be tenants in the shopping center and we have responded to
that organization that we would be glad to work with them as soon as we had
a decision on the community based organization to carry out economic development
programs.
Mr. Plummer: Mr. Reid, who would the grant go to?
Mr. Reid: The grant... and we assume that this grant will follow the... extictly
the same model as the Little Havana grant. which we have already received.
The grant would be made to the City Covernment, ok. The City Government would
in turn contract with the non-profit corporation to carry out the program.
So the City would be in effect the fiscal agent for the program even though
the program operator would be the non-profit.
Mr. Plummer: And any monies that were to be made on this thing, where would
they go?
Mr. Reid: The monies to be made on the... of course, as a partner in the
application, that would he a choice that, presuming the City would have
great weight in deciding on it. There are three alternatives. Number one,
we could share the profits with the community based organization, assuming
that they are to be made.. Number two, the profits could totally flow to
the community based organization for their use. Number three and this is
what we recommend, that a share of the profits would go to the community
based organization and a share of the profits would go to reduce the rent
se that people who are not likely Co be tenants because of the factors in
Vie area, concern about crime, vandalism or whatever would be more enticed
to become tenants in the shopping center.
Mr. Plummer: What was the grant used for in Little Havana?
Mr. Reid: The grant in Little Havana was used for public works primarily,
street improvements, street beautification, that kind of thing and it is
just beginning to be spent and a portion of the grant is being used to
support the Little Havana Development Corporation. So we assumed that
as a portion of the grant the Community based organization would get some
in effect management fees for their roll in the work.
Mr. Plummer: How much is the proposed total grant?
Mr; Reid: The total grant is one million eight hundred fifty thousand.
Mayor Ferre: For this particular project.
Mr. Plummer: What is the total proposed cost of the project?
Mr. Reid: The project as we have defined it, has two components. Number
one, it has the shopping center development with a total project cost of
the figure I gave you, one million point eight. As the local share of the
project we are putting in the County's construction of the adjacent
neighborhood facility. In other words, the federal government is allowing
us to do what has been done under previous urban renewal type programs and
that is to take an ancilary activity and use local dollars that are being
spent for that as your local share.
Mr. Plummer: The total cost of the project?
Mr. Reid: The total cost of the project is three million six hundred
thousand dollars with half of the cost being a portion of the money that
40 J UK�6'..: ,
4 4
the County is spending and prepared to spend for their adjacent neighborhood
facility.
Mr. Plummer: Where is the rest of the money coming from?
Mr. Reid: The rest of the money comes from the federal grant. It's a
fifty, fifty grant.
Mr. Plummer: Do we have any kind of presentation on the shopping center itself?
Mr. Reid: We have a feasibility study that I have copies of that describe it
in great detail.
Mr. Plummer: Has anybody else seen copies of that?
Mr. Reid: I believe at the time that it was prepared it was transmitted to
the City Commission back in February.
Mayor Ferre: Yes, that's right.
Mr. Reid: We provided the City Comrission with a copy of the pre -application
and we provided you a copy with the shopping center feasibility study.
Mayor Ferre: And furthermore, it was discussed with Secretary Hall when he
came here and it was in the newspaper. And that was one of the things that
an unnameless newspaper has quoted me on.
Mr. Plummer: How long has the Overtown Economic Development Corporation
been in existence?
Mr. Reid: They will have to speak to that. I think several months, but I
don't know when their exact date of incorporation is.
Mr. Plummer: I don't know. Is there anyone here representing them?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Plummer: Of this year.
Mayor Ferre: Alright, we have got to bring this thing to a head J. L., so
let's move one way or the other. Do you need any action Mr. Fosmoen, from
the City Commission at this point?
Mr. Fosmoen: Well, I beard a motion that was very limiting from the Commission
that you were approving only a fifty thousand dollar allocation....
Mayor Ferre: That's the only thing that was before us.
Mr. Fosmoen: Fine. But it is our intention, unless the Commission tells us
differently to move forward with this application working with the community
based organization that this Commission has identified.
Mayor Ferre: Do you have any problem with that Plummer?
Me. Plummer: Maurice, I got to know more about... when you start talking
about a three point six million dollar project and this please, don't take
as detrimental. I don't know the full makeup of the Overtown Economic
Development Corporation. I think this Commission... look, it's our butts
on the line. It is coming to us. All I'm saying to you is Mr. Mayor, I
think to jump into a three point six million dollar project on a five minute
presentation before this Commission is wrong, I have got to know more about
it.
Mayor Ferre: Yes, I agree... wait, excuse me. I agree with you and I
disagree. Let me tell you where I agree and where I disagree. I know this
is a part-time job and I know that we are flooded with papers, but you have
received information on this. Now, this is a... this is... you didn't
receive it three days ago. You have been fully informed of it. That's
where you are wrong. Now, where you are right is Mr. Grassie, again and
again and again, communications. We don't seem to be able to communicate
around here. This Commission is... you cannot expect that this part-time
Commission possibly keep up with the literally hundreds of extremely
complicated and involved items unless you or your staff personally... yes,
I know, chase after us days and days trying to pin us down, but I want to
41 JUN 2 6 lono
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tell you something. Where there is a will, there has got to be a way. You
know, that Plummer is over there at that funeral home of his, go sit out
there in one of those rocking chairs, but somebody has got to go there and
chase after him. Don't tell me you can't chase after him. I Mean, you know
where he walks at night. Somebody in this staff has got to really... it isn't
enough especially when six months go by. I mean, we got that report what? Five
or six months aFo? What?
Mr. Grassie: Three months ago.
Mayor Ferre: Alright, it is simply not enough to send a report three months
ago and then all of the sudden on July 26th for this item to come before the
Commission and that we are told that if we don't do it today, we are going to
miss the opportunity to get one point eight million dollars. Now, I happen
to know that, that's true, but... and I happen as 7 said before that Plummer
is partially wrong, but he is also partially right and I can't disagree with
that.
Mr. Moses: Alright, if I may Mr. Mayor and Mr. Plummer. The project has
been a project that was designated back in June of 1979 as one of the major
projects for New Washington Heights to work with the City on. So it's
been something that's been planned for that period of time. The decision that
the City made was in January-, when they decided well, hey, we aren't going
to go with Washington Heights anymite and they went about creating the other
organizations. However, we had been working on the shopping center. We had...
already... We have organized the Merchants Association and we have got the
Merchants Association working with us in terms of identifying those tenants
that are going into the area. We went ahead on our own and organized a
local development corporation because it's a major element in that shopping
center. We are putting a supermarket in that shopping center in order for
the local shops, the local mom and pop store to come together and go into
a shopping center. A lot of equipment and other types of fixtures are
necessary which they cannot afford. The LDC allows us to provide that for
them.
Mayor Ferre: Ok, lcok, we are two hours into this thing now. I said it was
going to be a half an hour item and we have been two hours. We are way behind
on some very important issues. Now, we must move along. I would like to
recommend that we do this. And I just have one question. If in the future
-his LS... I'm going to call it LSD. I know it's not LSD. What is it called?
Mr. Moses: LDC. Mr. Mayor?
Mayor Ferre: Let me finish, please. If this LDC is established and we
help fund it and all that and is there any reason why we can't include the
LDC in this project, if we want to in the future?
Mr. Fosmoen: I don't believe there is any reason why we couldn't accomplish
that Mr. Mayor.
Mayor Ferre: So the first thing is... between now Plummer and getting the
grant we have got an awful lot of room and an awful lot of space left. Just
because we are going to apply for the grant doesn't mean we are goint to get
it -:July 2nd. I mean... and before we accept it I think we would have to
hhve a full disclosure before the Commission, a full discussion and then
we have to make further decisions as to whether or not we would aFcen' another
organization involved in this project.
Mr. Plummer: Alright, look. Mr. Fosmoen, if this grant is applied in whatever
name, is this Commission bound after the grant is approved to that organization
and that organization only?
Mr. Fosmoen: I will draw a distinction between the application and the
approval. What you are doing at this point is making an application. During
that application period it would be my understanding that changes can be
node and changes are made in the application. Now, after it is awarded you
would enter into a formal contract and then it would be very difficult to
change the application.
Mayor Ferre: Ok, if we....
3L.
42
Mayor Ferri* (Cont'd) ...make the application now, Mr. Fosmoen, in your
best guess, how long would it be before we would know if we were awarded
any funds?
Mr. Fosmoen: September 30th.
Mayor Ferre: So we would have between July 1st and September 30th to dis-
cuss this. Would you then schedule this at least three weeks before or two
weeks before a final decision it made so that we have ample time to discuss
and think about it?
Mr. Fosmoen: Yes, sir.
Mayor Ferre: Under those circumstances then would you now make your motion?
Would somebody make the motion?
Mr. Fosmoen: You really don't need a motion, the Manager has the authority
to file a grant application.
Mayor Ferre: okay. Is there anything else to come up on this half hour
item? All right, thank you very much ladies and gentlemen.
The following motion was introduced by Commissioner Lacasa who moved
its adoption:
MCTION NO. 80-447
A MOTION ACCEPTING THE RECOMMENDATIONS OF THE CITY'S STAFF
TO FU14D A NEIGHBORHOOD ECONOMIC DEVELOPMENT PROGRAM IN THE
AMOUNT OF $50,000 FOR THE "SB OPPORTU13ITY CENTER" IN THE
LITTLE HAVANA TARGET AREA.
Upon being seconded by Commissioner Gibson, the motion was Dassed and
adopted 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.
The following motion was introduced by Commissioner Gibson who moved
its adoption:
MDTIJ:J NCG. 80-448
A MOTION ACCEPTING THE RECOMMENDATION OF THE MODET.
CITIES CD ADVISORY BOARD TO FUND A NEIGHBORHOOD ECO-
NOMIC DEVELOPMENT PROGRAM IN THE AMOUNT OF' $50,000
FOR "MODEL CITIES DEVELOPMENT CORP." (THE MARTIN
LUTHER KIND NEIGHBORHOOD ASSOCIATION).
Upon being seconded by Commissioner Lacasa, the motion was passed and
adopted by the following vote-
AYF,6: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
43 JJ►f"E
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D3A.RD
Mayor Ferre: Edison Little River, come on up and I'm going to recognize both
of you. Can yo» do it in five minutes? Go ahead.
Mr. Don Bedner: Mr. Mayor, I'll be very brief. I'm Don Bedner, President of
the Little River Commerce Association. I will not belabor the Commission with
rhetoric on what has been accomplished with the Little River Edison area. Orr
purpose is to meet the requirements of the City of Miami's arrangement to
establish eligibility for this $50,000 grant. We have met every single term
and every condition of the regulations that were brought about to the point
where we are today. Today we came down here after spending untold man hours
through the LDC board meetings, through other meetings, through group meetings
and we are here today, hopefully, Mayor and Commissioners to get a decision
made so we can proceed with our own activities in the Commerce Association so
as not to have uninterrupted flow of activity. The Little River Commerce Assoc-
iation has a proven track record that I am not going to elaborate on, we sim-
ply ask your encouragement and support and approval of us as the City's Out-
reach LDC Program Recipient. Thank you, Mr. Mayor and Commissioners.
Mayor Ferre: Okay,
Ms. Betty J. Grahan: Mr. Mayor and Commissioners, I'm Betty J. Graham, the
chairperson of the Edison Little ?river Advisory Board. I believe you said
that you would recognize what the Board said as far as the $50,000. The
Little River Advisory Board were not able to come to a decision because there
were three proposals before us. of these three proposals City staff recom-
mended one thing and there was so much controversy and we were put out of
Edison High School that we could not as a board recommend either of the organ-
izations to receive the 550,000 and I think in all fairness to you and your
families as a Commission you would certainly give the board an opportunity
to recognize one of the three organizations that submitted proposals.
Mayor Ferre: All right, further questions from the members of the Commis-
s4on? Any statements? All right_, what is the will of this Commission?
Ms. Graham: What I'n. asking for you to do, sir, is to give the board an
opportunity to vote on the organization that they would like to receive it.
Afterall, in your A-95 application you stated that you wanted to create a
local based organization - create - Little River Association is already
created. The Board has no problems with Little River receiving funds from
the City but what we're trying to do is get our neighborhood created inas-
much as your staff has identified us as an NSA area.
Mr. Lacasa: Excuse me a moment. Are you representing Tri-City community
Association?
Ms. Graham: No, sir, I am not. I have stated, Mr. Lacasa....
Mr. I.acasa: You are representing the board?
Ms. Graham: Yes, I am.
Mayor Ferre: The board, what she wants is to give the board the opportun-
ity to decide. In other words, the question before us is this: Are we
going to permit the CD Board to deliberate and recommend to us which group
should be selected.
Ms. Graham: Right, you said that in your guidelines, you stated that's the
rules that you would go by.
Mayor Ferre: Okay, we understand. Mr. Castano.
Mr. Castano: Mr. Mayor, for the record there are only two associations, two
groupings that applied and complied - Tri-City and Little River Commerce
Association, that's it.
Mayor Ferre: Where is the Tri-City group?
Ms. Graham: Mr. Mayor, please, I would like to disagree with him because at
our last board meeting the Buena Vista Edison LDC also submitted a proposal.
They resubmitted a proposal that I read before you prior to the deadline date
that you established. It's stated in the record. Now if we're going to play
games here let's let everybody know we're going to play them but if we're
going to play by the rules let's play by them.
Rev. Gibson: Mr. Mayor, I make a motion that these people be given an oppor-
tunity to vote on which board they want.
Mr. Lacasa: I second the motion.
Mayor Ferre: All right, is there further discussion on this item?
The following motion was introduced by Commissioner Gibson who moved
its adoption:
MOTION NO. 80-449
A MOTION DIRECTING THE ADMINISTRATION TO PRESENT THE PRO-
POSAL OF A NEIGHSORHUOD ECONOMIC DEVELOPMENT PROGRAM TO THE
LITTLE RIVER COMMUNITY DEVELOPMENT TASK FORCE BOARD FOR
CONSIDERATION BY THEM PRIOb: TO THE COMMISSION ACTING ON
THIS MATTER; AND REQUESTING THE STAFF TO MEET WITH SAID
BOARD PREVIOUS TO THE NEXT CITY COMMISSION MEETING.
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 Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
Mayor Ferre: Yes, Mrs. Eisenberg.
Mrs. Annette Eisenberg: Mr. Mayor, we need some clarification because you
took Overtown because they had a deadline. We are partially funded by Dade
County, we have interim funding for two months. Our interim funding is up
t.,: end of July. Our funding depends on the funding from the City of Miami..
Mayor Ferre: Annette, the answer to that question is that we will deliberate
on this by July 23rd.
Mrs. Eisenberg: When will the CI) meeting be called?
Mayor Ferre: I'm going to do that right now. will you excuse me, please?
And the staff is instructed that during the week starting July 1st and ending
July 3rd that they are to meet with the CD Board - I don't know where the
lady went now, there shy: is. You have to call a meeting, you, the chairperson,
of your board tomorrow for either Tuesday or Wednesday because after that we
get into the holidays so that there will be plenty of time for discussion
between now and the 23rd. Mr. Castano, Mr. Fosmoen, is that acceptable to
the administration?
Mr. Fosmoen: That's fine, of course.
Mayor Ferre: All right, does anybody have any problems on that? You have a
problem. Tell me what your problem is. You're on that board. And what's
your problem? Lorraine, speak into the microphone.
Mrs. Lorraine Dunn Glissen: Well, first of al:. the board does not represent
the target area it represents the Buena Vista area only except for two members
+n'l thost. two members are from Little River. They consistently represent
Buena Vista and not the tar-3eL area and that is our problem and this is not
the first time I've had to say this - it grieves me to say it but it is the
truth. I have to recuse myself on this vote because 1 am on the Board of the
Little River Commerce Association also. Mr. Jim Harwood from Amerifirst who
is the only other member functioning on that board from Little River is un-
able to attend because of a health problem at this point so Little River will
not have any vote whatsoever.
Rev. Gibson: Mr. Fosmoen, you all recognize those people?
45 JUN 2 61980
oe �...
Mr. Fosmoen: We recognized the board, the Community Development Task Force
that exists in the area but I think there is a piece of information, and I....
Rev. Gibson: No, you've answered my question. That is the recognised board,
is that what you're telling me?
Mr. Fosmoen: That's what I'm telling you.
Rev. Gibson: All right, now the point I want to make before you give me that
other business, if you don't want to recognize that board you ought to get rid
of it. I keep telling you all the rule that works for you will work against
you.
Mr. Fosmoen: Commissioner, I didn't say we didn't want to recognize the board.
There is another piece of information that might be of interest and I was just
told that board did have an opportunity to vote and they chose not to vote,
that the Community Development Advisory board in that neighborhood had an oppor-
tunity and chose not to vote.
Rev. Gibson: Mr. Fosmoen, nobody will have to tell you after today, you call
the meeting over the signature, you know, whatever you all do legally since
they are under you. You call the meeting and if anybody is lying you come
back here and tell us they're lying, that he or she is lying. Now you go on
your say, I'm going on my say. The woman said - stand up, darling - you said
that they did not have the opportunity. Okay? The next meeting we want facts
when you come here. Okay? My darling, if they recognize that board - now
look, I get very peeved when I see some of the shell games. Say what? Right.
Listen, the woman says that she represents the board and the board has not had
an opportunity. All I'm saying is once the issue is drawn when you come back
here :,:1 you have to do is tell us this is the issue and we'd be ready to vote
and if you're recognizing the board and the board says that's who they're going
to take that's who we'll take. It's that simple.
Mayor Ferre: All right, further statements on this issue? All right. Yes,
sir, very quickly and into the microphone is the only way you can talk around
here.
Mr. UNIDENTIFIED SPEAKER: Mr. Mayor, as I said in my opening statement I
would like to get a resolution if possible. What I might recommend in lieu of
what has been made as a motion is that there have been taped, these meetings
wi.l•e taped and those tapes can be reviewed and I was at the meetings so I
know what I'm talking about. The tapes can be reviewed to get a clarification
of what action was taking place at the time that these CD meetings were held
and .....
Mayor Ferre: That's fine, but that lady is the chairperson and the matter is
in her hands representing her board which she shares and she is not clear on
it and until she comes here and tells us a clear statement this Commission is
not going to vote on it. You talk to her not to me. Your problem is with
her.
UNIDENTIFIED SPEAKER: Well, I said earlier, Mayor, that we have abided by the
regulations that have been laid down to establish the LDC eligibility and they
have_not established the eligibility by reaching a decision prior to the com-
menti and I'm not sure if I'm in correct in this, the staff can recognize that
but they did not meet that eligibility.
.
Mayor Ferre: I realize that we have problems, one of which is that we have
overlapping areas that don't totally coincide in their boundaries.
UNIDENTIFIED SPEAKER: No, Mayor, t':at's of what I'm referring to. If you
want to go ahead with this LDC meeting fine, we'll attend again but it seems
to be an exercise in futility. If you had reviewed or somebody would have
reviewed....
Mayor Ferre: I've got no problems, you've got no problems with me, here is
tte chairperson.
UNIDENTIFIED SPEAKER: I understand, Mayor, thank you.
Mayor Ferre: Now, if you can get her to come up here and say that she has no
problems I'm willing to vote for you right now. What? Well, what is the mis-
understanding? (INAUDIBLE CONVERSATION IN AUDIENCE) Don't clear me up, Dena,
clear that lady up.
46 JUN261980
1 0
Ms. Spillman: You're going to have to clear her up because they won't listen
to me. The other group which Ms. Graham, and I don't know what the name of
it is... Betty, wait, just what is the name of it? Never mind. There is
another organization. (INAUDIBLE COMMENTS FROM AUDIENCE) Ma'am, I just can't
remember the name of it. Whatever the other group's name is had submitted a
$350,000 proposal to you I believe several months ago, that came before the
Commission, it was turned down. They did not submit another proposal under
the guidelines as established in all the other target areas so as far as staff
is concerned we do not have an eligible proposal from the group. If another
meeting were to be held in the community 1 would have to agree with what this
gentleman just said, it would be to no avail because they do not have an appli-
cation. Now maybe tnat's the question that we have to deal with.
Rev. Gibson: Let me ask, did you tell them the same thing that you told the
other people?
Ms. Spillman: Absolutely, absolutely, Commissioner. It is public knowledge,
they've teen told, they came in, they got an application, they did not file
the application.
Ns. Graham: Mr. Mayor, there were three proposals siihmitted to the board for
review and the stamp, the City of Miami stamp was on each cf the proposals.
Now i don't know what Dena is saying, the Edison Buena Vista LDC submitted a
proposal in January the same time t'iat the Little River Commerce Association
submitted theirs.
Mayor Ferre: Look at their proposal, review the proposal, come back here on
the loth and we'll have to vote on it at that time.
Ms. Skillman: Okay, can they be asked to put their proposal in the $50,000
guidelines?
Mayor Ferre: You understand, now 1 want you to tell these people, madame
chairperson, that this is not a $330,000 project, they've got to stay within
the guidelines of what we're doing.
Ms. Graham: I will do that.
Mayor Ferre: All right., and if they don't, please, I don't want you angry
this Commission or at me when we don't vote with you next time. Do you
understand:
Ms. Graham: I understand.
Mayor Terre: Okay. Now, further discussion: We've already called the vote,
there's nothing to vote on, it's been voted on.
Mr. Plummer: I want to make a motion in reference to this, Mr. Mayor.
Mayor Ferre: Go ahead.
Mr. Plummer: I want to make a motion at the next meeting that an item be
scheduled for the target area of downtown for the possibility of funding
the.fiame kind of an economic base, be established so that the downtown people
have the right to make application and to present their case before this Com-
mission for possible funding as we have in other target areas. I make that
in the form of a motion.
Mr. Lacasa: Second.
The following motion was introduced by Commissioner Plummer who moved
i t S ado l'ti0:1:
MOTION NO. 80-450
A MOTION REQUESTING THE STAFF TO PRESENT THE PROPOSAL OF A
NEIGHBORHOOD ECONOMIC,DEVEI.OPMENT PROGRAM TO THE DOWNTOWN
CD TARGET AREA FOR SIMILAR POSSIBLE FUNDING, AS HAS BEEN DONE
WITH OTHER CD TARGET AREAS.
Upon being seconded by Commissioner Lacasa, the motion was passed and
adopted by the following vote- AYES: Commissioners J. L. Plummer, Rev.
Theodore Gibson, Vice Mayor Armando Lacasa and Mayor Ferre. NOES: None.
ABSENT: Commissioner Joe Carollo. .J U N 2 6 1980
47
Oki
Mayor Ferre: Now, Emilio, that means that then we will hear your group at
the next time. In the meantime, you work with the administration for proposals
we may have to gat proposals from other groups. Okay?
Mr. Plummer: Mr. Mayor, I believe that that motion that I just passed takes
care of 11 (b). What I'm saying to you is that that motion took care of 11(b),
that you can cross it off.
Mayor Ferre: Yes, that's why I told Emilio that he could....
9. REQUEST FOR ADDITIONAL FUNDING FOR "ASSOCIATION FOR
THE USEFUL AGED".
Mayor Ferre: Item 11, Dr. Regalado:
Dr. Justo Regalado: Honorable Mayor and Commissioners, we come before you in
the name of the Useful Aged to report to you the services our association has
rendered to the Latin senior citizens during the last three quarters. These
services have exceeded 6,070 covering health assistance, social work, trans-
portation, school crossings, legal services, etc. having increased lately due
to the great number of refugees, and in this amount we are including several
thousand referrals to the. refugees that have come to us due to the fact that
we are in the....
Mr. Plummer: Doctor, It's me, J. L. Doctor, I think we can maybe hopefully
end this quickly. They said that you have not asked for additional funding,
they're saying that you are being funded for this coming year. Is that cor-
rect? What's the problem?
Dr. Regalado: I have something more.
Mr. Plummer: Are you asking for more money?
Dr. Regalado: I an, here because we are requesting a little more money.
K. Plummer: Oh, a different ball game.
Dr. Regalado: Oh, that is the reason.
Mr. Plummer: But you didn't ask them for. more.
Dr. Regalado: That's the reason.
Mr. Plummer: Okay, continue, I'm sorry, I tried.
Dr. Regalado: Two minutes more and I am ending. All right?
Mr. Plummer: How much more?
Dr. -regalado: Right, you give me your permission?
Mr. Plummer: Sure.
Dr. Regalado: To take care of these increased expenses we need an additional
amount of money to cover the following items: (1) to keep in our stock perman-
ently a very competent assistant accountant that is actually taking care of
oi.:r accounting , the temporary assignment will terminate by the CETA Program
on September 30th and we can not go on with her service, we will have to train
another employee with great loss of time for our organization and also for the
City accounting and she has been in close contact with the City offices.
Mr. Plummer: How much?
Dr. Regalado: That is the principle reason of me at this time.
Mr. Plummer: How much?
Dr. Regalado: Oh, I need $10,000 more.
Mr. Plummer: Where?
48 J a N 2 611980
4
i
Dr. Regalado: We have now here a grant amount.
Mr. Plummer: Where is the additional $10,000 coming from?
Ms. Spillman: Commissioner, I want to point out one thing to you. We have
just had an audit of that program and there are some problems with the organ-
ization. I would not recommend additional funding until those audit prob-
lems are resolved.
Mr. Grassie: Did you hear the answer, J. L.?
Mr. Plummer: Oh, I heard the answer, sure I heard the answer but I don't
accept the answer. Surprise, what else is new? I can't make a motion be-
cause there's not three here. You know what my motion is. My motion is
that the administration search diligently for that money.
Mr. Grassie: Do you have any concern, Commissioner, about the results of
the audit or not?
Mr. Plummer: No, I went there yesterday and saw the program. No, did I
see the books? No, I did not see the books. The man is asking for an
auditor so that he can present his books in a proper form.
Rev. Gibson: She's saying that there are problems there that can be dealt
with even before you consider additional money. There's no need of turning
money over, you know, I just don't see it, I think that this problem ought
to be solved and theri come back here.
Mr. Plummer: I don't disagree with that, how long will it take you t solve
the problem?
Ms. Spillman: About a month. Commissioner, it's not us solving the problem
it's their solving the problem.
Mr. Plummer: I understand that but you know, Father, I also look at the
fact that they are I assume recommending continued funding at the same level
be continued. Is that correct?
Ms. Spillman: Assuming tha`_ the audit problems are taken care of.
^!r. Plummer: Oh well, hey, if you want a motion that says "I further recom-
mend the additional $10,000 assuming that those audit problems are taken care
of" they, I'll make such a motion. I won't give him a dime if the audit
problems aren't, and he's my friend, not him, the program.
Rev. Gibson: The quickest way to make people solve problems if you don't
give them that conditional motion what will happen, it will go out here to-
night and by tomorrow they'll have the problem solved and tell them come back
here at the next Commission and we'd be glad to deal with it then.
Mr. Plummer: Doctor, do you understand that?
Dr. Regalado: Excuse me a moment, please. He speaks better than me and is
coming to explain to you the motive.
Mi.* Robert COdov: My name is Robert Godoy, I am the assistant to Dr. Regalado.
Regarding those problems that they just mentioned a moment ago, about three
months ago I was here in this same building, there were 11 persons s.tting
down there making scenes, talking of many problems. I discussed with them, I
explained to them everything was very clear because, for example, I want to
mention to you what a big problem they have. They happen that Dr. Regalado
was three or four times at the hospital because his wife was very sick and
that was he was away from the office. We have now to reply to that, we will
reply before July 12th. I would like to see what employee, what Commissioner,
anyone would be criticized for going to the side in the hospital of his wife.
I will answer that.
Mr. Plummer: Nobody.
Mr. Godoy: Then the second time they accused me because there was a robbery
in the Federal Credit Union and I went to see about that robbery. What is
the Federal Credit Union doing? What they are doing giving to the people at
It per month decreasing the money that they would have to pay to a charity
at 30%. I told them, to all those 11 people that they were there in that
place, gentlemen,•if you want that I pay for those two hours I just put the
49 J U N 2 61980
ra
money in my pocket and I pay for those two hours that I was out. Those are
the kinds of things that the auditing has found and we are answering those.
with pleasure.
Mayor Ferre: Father, do you want to make a ----
Rev. Gibson: Mr. Chairman, I make a motion that this matter be brought back
to us at the next meeting with the full understanding that the problems must
be solved by that time.
Mr. Plummer: Fine, I second the notion.
Mayor Ferre: Further discussion? Call the roll please.
The following motion was introduced by Commissioner Gibson who moved
its adoption:
MOTION NO. 80-451
A MOTION DEFERRING CONSIDERATION OF A REQUEST FOR ADDITIONAL
FUNDING FROM SIXTH YEAR CD FUNDS FOR THE "ASSOCIATION OF THE
USEFUL AGED" PENDING RESOLUTION OF PRESENT AUDIT PROBLEMS
AND REQUESTING ADMINISTRATION TO REPORT ON THIS MATTER AT
THE MEETING OF JULY LOTH.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner (Rev.! Theodore Gibson
Mayor Maurice A. Ferre
NOES- None.
ABSENT: Commissioner Joe C'arollo and Vice -Mayor Armando Lacasa.
Mayor Ferre: Muchas Gracias, Dr. Regalado.
10. DETERMINE FINDING OF SLUM 6 BLIGHT WITHIN DEFINED
PORTION OF THE CITY AND REQUEST COUNTY TO ADOPT
SIMILAR RESOLUTION.
Mr. Jim Reid: When this Comru ssior in October of 1979 approved the Overtown
Redevelopment Plan, included in that plan at the request of the community
was a suggestion that the City....
Mr. Plummer: If everybody would be quiet I could hear the speaker. Thank
you.
Mr. Reid: When this City Commission approved the Overtown Redevelopment
Plan, the plan that had been developed in concert with the community in
October of 1979. There was a suggestion in that plan that the City should
look at the mechanism of tax increment financing for carrying out a portion
of ,ct he Overtown plan and basically this is the same financing mechanism that
is now being used to carry out a portion of the South Shore Redevelopment
Project in Miami Beach. Subsequent to that the staff was doing work on the
Park West Community Redevelopment Plan and in the context of that planning
work we were directed by the policy committee that was headed by the Mayor
to examine the creation of a tax increment financing district that would
link properties in Overtown with properties in downtown so that in effect
part of the taxes generated from the great new stream of development that
is taking place in downtown could be used to support projects in Overtown.
This was over and above the idea that we should pursue Park West as a poss-
ible project for carrying out tax increment financing. So that the two
resolutions before you today accomplish both objectives. They enable us
tc look at a program that could be developed to transfer tax increment dol-
lars from downtown projects such as the new Southeast Bank or the Gould
pro)ect, to projects in Overtown, they allow us to at a later point in
time to come in with a Park West Project solely sustained by the taxes
generated within its boundaries. The resolutions are required if the City
and the County is going to go forward and utilize the tax increment financ-
ing methods and the Florida Redevelopment Act of 1969. The first resolu-
tion designates the Overtown/Downtown area as shown in your map as an area
of slum and blight and to support that resolution we have prepared a three
4 4
memorandum, we have two very lengthy reports and we have a recent field
survey of all the land within downtown. The second resolution, and this
is an essential part of it, directs the City Manager in conjunction with
the Downtown Development Authority and the County to prepare a Community
Redevelopment Plan covering that area so that that plan would detail the
projects to be carried out with the mechanism of tax increment financing
and over what time period they would carry them out and who would be
expected to carry then. out. All this is in reality is an enabling reso-
lution enabling us to tringer legally the Florida law that could if it
was applied in the context of this plan shift a substantial amount of tax
money generated in downtown to carry out projects in Overtown. So we
think it is a very important proposal, it is a proposal in which we do
not have now a development plan. We would work with the community, develop
such a plan, come back to you in the fall after the community input and sug-
gest that you adopt this plan and send it to the County Commission for
adoption because again under Florida law the steps that we are beginning
to take have to be ratified and adopted by the County Commission.
Mayor Ferre: This is something, ladies and gentlemen, we have been really
waiting on for a decade. I think we have to give a little credit where
credit is due. It was really Stuart, you and Marty that were the intel-
lectual authors of this. What in effect we're trying to do, and I hope it
is legal and I hope we get all the legal brains and expertise that we can
to do like other communities like California has done and that is to use the
tax increment plan to harness some of the progress being made in the business
downtown area to help the blighted area lift itself up because it is obvious-
ly riot going to br? able to do it by itself and I can't really think of any-
thing that is more important or more significant for the development of Over -
town and of the Culmer Overtown area. I asked the people who are so enthused
about Park West, unless - and I see the Police Department is here - unless
we improve Overtown Culmer nobody is going to go live in Park West. Who is
going to live in Park West when you've got the living conditions two blocks
away with rat infestation and the crime rates that we have coming out of
that Culmer/Overtown area? I wouldn't live there, would you, black or white?
Who is going to go live in an area where there is crime, black or white two
blocks away or three blocks away? We've got to do the whole thing. We've
got to do the whole thing and we need to do it right and we need to do it
now and this is a vehicle I hope in that direction. So are there any ques-
tions now on this item?
:.env. Gibson: Mr. Mayor, I wasn't very clear on what this is saying and I
thought that the experts ought to tell me. I'm a slow learner, I'm dense.
Tell me what are the geographical boundaries that you're talking about?
Mr. Reid: For the redc,velopment area w_)uld be bounded on the north by 17th
Street, on the west by 7th Avenue and on the south by the Miami River and
un the east by Biscayne Bay. Commissioner Gibson, there is a map tae fourth
page into this memorandum that ....
Mayor Ferre: Yes, it's part of the packet.
Rev. Gibson; I want to repeat what Martin Luther King said much to his
acclaim of greatness - If you want ever to hide anything from most of us is
to -write it. He is dead and gone but I live with some things he said. What
I ant to point out to this commission is not too many people have been
listening to me, I know conveniently. Now I want you to note why I didn't
get in that first argument that you had. Where is Plummer? Hey thee, Plummer,
come on, man, don't you do that to me, I want you to hear me. Note, I have
been saying to the group here right in this open meeting, I said, you know
what is wrong with all that area over there, you have too many names. Do
you remember that? And I said what I think you ought to do is to go from 5th
Street to 22nd Street and from 7th Avenue to the railroad track. I want you
to listen to this. Nobody on that staff wan,.ed to deal with it. Now I want
you to look what is happening. Let me warn you, my brothers,....
Mayor Ferre: From 7th to the railroad track and where? Do you mean over to
36th Street?
Rev. Gibson: No. Listen to what I'm saying. 7th Avenue west, the railroad
track east., north is 22nd Street and south is 5th Street and for the love of
me this staff couldn't deal with that boundary.
Mayor Ferre: No, wait a minute, Father, but I just don't want to go out on
a limb on something, we have to understand. It isn't staff, it's the law
and I think what we need to do is address that to the lawyers because the
31 JUN 2 61^��
problem in all this question of blighted area is that it has to be defended
before a court and for us to extend the area beyond a certain amount, what
happens is, there's a wonderful saying in Spanish that you neither get -
talking about the rope and goat - you're not going to have the rope and you're
not going to have the goat.
Rev. Gibson: I'll buy that. I may not need either at this point in my life,
the rope nor the goat.
Mayor Ferro: Oh, you want the redevelopment, oh you want that. Oh, you want
the redevelopment of that area and you want the money that's going to flow in.
Rev. Gibson: Listen, Mr. Mayor, wait.
Mayor Ferre: If you don't do this it's going to go downtown, you bet. You'd
better think about what you're doing.
Rev. Gibson: Look, Theodore Gibson, the one thing I pride myself on, Theodore
Gibson can really explain himself, all white folks say that about me. Listen
to this. The reason I wanted this thing brought up like this is that I think
the people, Mr. Mayor, so we could be in good shape later on the people here
want to be told, and it ought to be explained to them what is really happening.
You see, let me give you an example. When night comes I've got a problem with
a certain white man who suddenly decided he is the Godfather out in the area
where I live. Tolerate me long enough because you are affected. And you know,
what bothers me is after 35 years I don't really know my people nor I don't
really know what's needed. Listen to this. Last night at 11 O'Clock I was
sound asleep. The blacks come and get me and one father said I have three
sons, this boy, the other night, said I found him out in that pool. Mr. Grassi*,
I hate a funny to report to the administration. And he said, you know, at
11 O'Clock at night I don't understand how children are in a pool - no life
guards. He said, if I had gone to that pool and found my son dead, Father,
I would have been here and God be my secret judge since you are one of those
fellows who pass laws, I wonder what would have happened. What I'm trying to
say is that white God Father I refer to got all the solution all of a sudden
how to handle black folk in the Grove and I've lost him. Now, tolerate me a
little longer. If you don't listen to what I'm saying what those people have
accused you of in the past they'll begin to say again. Now explain to them
that if you go and redevelop, and you know what they told me? There is a
river. You know we black folk are scared of railroad tracks and rivers be -
that has always been the boundary line. And I want you to note, I
didn't want to touch Washington Heights and that other fight you had, Oh, I
was just up here dying and ? wanted to wait so I could spend what little time
I have to speak on this. Now I know the intentions are good but I want to
make sure - listen to what I was told soave months ago. They said what the
plan is, the hidden plan is, to move all of us black folk out of the Washing-
ton Heights, Little Culmer, the Overtown area....
Mr. Plummer: Father, don't worry about that there isn't any more room in
Opa Locka.
Rev. Gibson: Well, all right, all I'm saying is for God's sake don't let
it come true. If you are, and I understand you know tax increment - no, I
don't understand, I know what you're saying because you know I didn't go
to jchool for that I went to school to learn how to preach and I think I
do a pretty good job every once in a while, ask the Mayor, he was there
about two Sundays ago unexpected and I don't have to change the matus--ipt.
The point I make is explain to these people so that they will not may that
from 5th Street to 17th Street you're going to have high priced condomin-
iums and push my black brothers out. Now, once you explain that to them
and assure them that that isn't happening I will be most happy, willing,
proud, glad, delighted to make that motion but give me that assurance even
if you don't write it you put it in the record so that later on they can't
come and do what that man name that owns that building that the County,
what's his name? Revitz, he pointed at me and he said - he's the only man
since I've been down here did that - he said, Reverend, I trusted you and
I went on what you said. And note what I did, I turned to the Commission
right away and I said to the Commission give him that that you promised
him. Now you could answer, my brother.
Mr. Plummer: That isn't what Father said, it was a much stronger term.
Mr. Reid: First, Commissioner Gibson, in terms of the intent of the plan
to redevelop, I want to make it clear we do not have a plan in terms of
the way of spending money that woUld be generated from tax increment
financing, we have to do that with the community, we're not going to sit and
do that ourselves. We do not have a plan for using this financing instru-
ment, we intend to work on that over the summer and with the community and
come back to this Commission (1). (2) In preparing that plan we consider
our policy direction the same policy direction that this Commission adopted
as a statement of philosophy in the Overtown Plan that the basic function
of that neighborhood is to consider the historic relationship with the black
community, that people who live there today should have the opportunity to
live there, that middle income people should be attracted, that blacks should
participate in the development process, all of those are the statement of
philosophy that we intend to follow that we feel has been adopted with the
community and by this Commission so that is our intent and this financing
mechanism, this is a way to pay for things. This is a way to take the
Southeast Bank Building that is going up today, a $70,000,000 and take a
portion of those taxes and plow it into the development of Overtown. It
taxes the richer areas to support the development of the poor areas, that
is the basic guts of it and I think it is a fantastic opportunity and to
do it, to realize it we need the resolution of slum and blight and we need
the authority to prepare with the community a plan.
Mayor Ferre: 1 can't help but agree with Father Gibson. See, I happen to
know because I've had the opportunity of talking with Marty Fine and in my
discussions with Marty and with Stu and with you, Jim, I've learned all of
that. You want to know something? Again, going back to what Flummer said
an hour and a half ago, you haven't communicated that with this Commission.
You haven't explained that because if you had explained it Gibson wouldn't
have had that question. Don't you see? So it isn't his fault, it's your
fault. It is the Manager's fault, it is your fault, Mr. Reid, it is Marty's
fault and SLu's fault and if you thought you that you had communicated,
you haven't communicated because it isn't understood. The fact is that I
know that this is one of the very few avenues that we have to utilize tax
funds for the dcwntown development to develop Overtown/Culmer but that
hasn't been made clear to the community and here are the people, look at
this man who is the potential beneficiary and lie is resisting it. He doesn't
realize that what he is doing is extending the misery of that community and
the fact that he doesn't understand it and the black community doesn't under-
stand it shows you how dismally we have failed in our job of convincing the
community, and read into that the Commission.
Mr. Reid; Mr. Reid, I would like to say that I think that the members of
h-: community do understand it, they insisted that it be in the Overtown
:Ian as a potential financing mechamism(l), (2) this concept has been dis-
cussed with the Economic Development Sub -Committee of the Overtown Board
and with the Board itself.
Mayor Ferre: Why is he resisting then?
Mr. Reid: I think that their concern is the control over how this mechanism
is used is a plan that this Commission approves. Their concern is that we
would declare the area of slum and blight, they would prepare a redevelop-
ment plan and instead cf the redevelopment plan helping Overtown with down-
town dollars it would really help downtown significantly and Overtown very
little....
MaYos Ferre: That's pre:istly what they think. What they think is what
happened in the past and that is what happened in Detroit, what happened
in all these other cities and that is the white man and the business commun-
ity buys out the slum area, moves the black people out and redevel,�-)s that
into white office buildings and that's exactly what, and the fact is, and
that is not our intention but you haven't made that clear.
Mi . FAid: well, Mr. Mayor, I can't make that clear until the plan is pre-
par,-d with the community that proposes how much is to be spent and for what
purhuse. And all you're doing today is authorizing us to prepare such a
plai,. There is no way that that question can be answered today. That is
a fair question for this Co:aT.ission and the community when such a plan is
prepared and if we prepared such a plan without consulting the community
we would be chastised for that.
P.ev. Gibson: Mr. Reid, let me say since I stirred the hornet's nest, let
me handle this, my brother. I don't want you to muddy the water. A lot
of people don't agree with Maurice Ferre, they cuss him out. But you know
one thing? I agree with him that a lot of things are not what they are !
but what people perceive them to be. Okay? When I see, let me give you...
alternate plan. Every once in a while because I'm a slow learner I take a
153 J UN 2 61980
00,
little time out and read once in a while and what bothers me is they need
to know that there is an alternate plan. They ought to be told. Now, you
might be interested in knowing that I happen to be one of the guys, I want
them to redevelop that area, I want it but I want to make sure everybody
understands. You know? Now, when I read that plan and I saw Revits, you
know I got scared. When I read that plan and I saw all those condominiums
I got scared. Now, note that the Housing Authority won't go this side of
17th but it will go that side of 17th. Do you know what you're telling
me or don't you know?
Mr. Reid: Well, the boundaries, for one thing we don't have a plan, Father,
all we have is a planning area.
Mayor Ferro: Mr. Reid, I'll tell you when I started this meeting five hours
ago I said that we were -going to limit people and discussions for these things
but the problem is that these are such hot and my conclusion is this, with
all respects for you, and I do have a lot of respect for you and for the
administration and for Marty and for Stu and for all of you that have been
working, you haven't done your job. You've done your job in thinking this
thing through and I think you've done your job in designing the proper thing
but you haven't done your job in selling this community. This is the affected
community, they're the ones that are affected and I think before you come to
ask us to make this declaration I think you need to do your homework a little
better not in thinking it through but in doing some selling. My advice to
you is let's defer this item, you go to the community, you call all these
people together for a session, you convince them.
Rev. Gibson: Let me hell) him a minute, Mr. Mayor. Look, I know ho:+ import-
ant time is. I would not be adverse since you've got to go to Big Daddy in
Washington and all of that, providing we put on the record right now that
t'ain't going to be no plans, t'ain't going to be no spade of dirt, t'ain't
going to be no money released till such time as those folks out there who are
affected know and are a part of and are sold the program. I want to do that
to expedite time. Why? I have a great deal of faith in you, I've got a
great deal of respect for the attorneys but I want to tell you what I learned.
If I had a guarantee that I would make in the morning I would tell you some
things I would do now and do them and wouldn't care but I am always cautious
knowing that I may not make morning. What I'm saying is, my brother, when the
money comes down and the plans get going you may not be here. my brother,
when the money comes down and things get going Morty and his partners may not
be here. I have no way of making the system honest at that time. The way I
6,c,ke the system honest is I write now so they have to do later. Okay? You
tell me, I'll offer the motion providing it goes in the record that t'ain't
no plan and my brothers, you trust me. What they're asking for is good, I
just want to make sure that the Downtown Development Authority will not be
telling you when to go into the rain and come out. Okay? Right. I want to
make sure that's for the record. All right, tell me, do you want me to offer
a motion?
Mayor Ferre; Go ahead, Mr. Reid.
Mr. Reid: We certainly would accept that sense of direction and that would be
our intent in terms of the planning process.
Mayor Ferre; Make that motion with that stipulation and condition.
Rev. Gibson; Mr. Mayor, I offer this motion with the full understanding,
every word, every i dotted, every t crossed that not one thing wilA be done
until and unless the people who live in the area are consulted and lave an
opportunity to review, in -put and take out.
Mayor Ferro: Public hearings properly advertised.
Rev. Gibson: Right.
54
4
The following resolution was introduced by Commissioner Gibson, who moved
its adoption:
RESOLUTION NO. 80-452
A RESOLUTION OF THE CITY OF MIAMI, FLORIDA, FINDING THAT
MANY AREAS OF SLUM AND BLIGHT EXIST WITHIN A DEFINED POR-
TION OF THE CITY; FINDING THAT THE REHABILITATION, CON-
SERVATION OR RFDEVELOPMENT OF SUCH AREAS IS NECESSARY IN
THE INTERESTS OF THE PUBLIC HEALTH, SAFETY, MORALS AND
WELFARE OF THE CITY AND ITS RESIDENTS; AND REQUESTING
THE BOAP.D OF COUNTY COMMISSTONFRS OF DADE COUNTY, FLORIDA,
TO ADOPT A SIMILAR RESOLUTION.
(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 Gibson
Vice-M-,,,ot Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
11. AUTHORIZE CITY MANAGER TO PREPARE COMMUNITY
REDEVELOPMENT PLAN OR GENERAL NEIGHBORHOOD
REDEVELOPMENT PLAN.
Mayor Ferre: Now we're on 34. Plummer, do you have a problem with 347
Mr. Plummer: Mr. Mayor, I just wanted a clarification of how much is 34 going
to cost. Where is the monel coming from?
M_. Reid: The planning .Turk for Item 34 would be done by the existing staff
of the City and County in cooperation with the community so that we do not
ai,ticipate any additional dollar costs for planning.
Mr. Plummer: I'll watch your budget.
Mayor Ferre: Mr. Simon?
INAUDIBLE STATEMENT FROM iH:: AUDIENCE WITHOUT THE AID OF A MICROPHONE.
Mayor Ferre: All right, let the makers of the motion incorporate the previous
statement by Father Gibson as a condition to the motion on 34 and with that
stipulation call the roll.
It
The following resolution was introduced by Commissioner Lacasa, who moved
its adoption:
RESOLUTION NO. 80-453
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI
AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE A
COMMUNITY PEDEVELOPMENT PLAN OR A GENERAL NEIGHBORHOOD
REDEVELOPMENT PLAN FOR A DESIGNATED PORTION OF THE CITY
AND THEN PRESENT SAID PLAN TO THE CITY COMMISSION FOR
STUDY AND APPROVAL.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote- 55
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson J U N 2 6 1980
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
i
r_
12 CONTINUED DISCUSSION - AGENDA ITEM 23, C. D. FUNDING.
Mayor Ferro: Does that conclude the things that those of you that are from
overtown/Culmer are here on? All right, now we're going to go back to Little
Havana and I will recognize Julio Castano to make his statement about Wynwood,
I'm xorry, I keep calling it Little Havana.
Mr. Julio Castano: Mr. Mayor, I want to be on record that I did call Mr.
Emilio Lopez and Jose Mendez who are here according co your instructions.
Mayor Ferre: Yes. I saw Mr. Molina here a little while ago, is Francisco
Molina still here?
Mr. Carollo: Mr. Mayor, what is the procedure that we're going to end up
following for the rest of the agenda today?
Mayor Ferre: We're going to go back now to the regular agenda and follow it
one by one. I would hope, Chief, that we will be with you real short now.
And I apologize, Mr. Carollo, but let me explain once again for those that
came in late. What I was trying to do is to get, we had a lot of people
especially senior citizens, to get those items over with so that they could
go tome. All right, go ahead, Mr. Castano, quickly. You've got 5 minutes to
make your presentation.
Mr. Castano: One minute. The Wynwood staff recommendation SBOC, the C. D.
Advisory Board met on May 28th and on May 16th and Mai 28th it did not have
a quorum and the June 16th I believe they also did not have a quorum and
that's where it's at.
Mayor Ferre: All right, Mr. Perez, do you want to make your statement?
Mr. Plummer: Well, Mr. Mayor, I think it is out of order to hear from Mr.
P-rez at this time. I think we should hear from the CD. Who is the head of
tr..: C:L Program?
Mayor Ferre: Emilio Lopez has been called, Mr. Perez has made a statement
into the record that he has called Emilio Lopez. Emilio Lopez came to see
me this morning at 10:30, I met with hin, until 11:30, I see Mr. Lopez's
associate just walked in here. Do you speak for Mr. Lopez? All right, at
this time I will recognize you to make your statement into the record.
Mi. Jorge Font: My name is Jorge Font, I'm the administrative assistant of
Mr. Emilio Lopez, Executive Director of Boriquen Health Care Center and Presi-
dent of Community Development of Wynwood.
Mayor Ferre: Mr. Font, you are not the chairperson of
Mr , Font: Mr. Lopez is right now with people who came from HEW from Tampa
and....
Mayor Ferre: Are you a surrogate from Mr. Lopez? Are you representing Mr.
Lopez?
Mr. Font: Yes, he told me if I could come and read a couple of things.
Mayor Ferre: Okay. Even though it is not usual or customary for CD chair-
persons to send representatives to read statements into the record for the
chairperson which shows you a weakness in the system as it is presently con-
stituted which hopefully we will address in a little while, in the interest
of cordiality for Wynwood I will permit you to read a brief statement into
the record. You have no more than 5 minutes.
Mr. Font: Okay. First of all, we would like to bring for the record some
signatures from the area of Wynwood that we picked today and it says like
this: We, the undersigned residents and businessmen of the Wynwood area
agree with the decision of the Wynwood Community Development Advisory Board
in their request for a three month waiver so that a community based proposal
can be submitted regarding the establishment of an economic development
56 'duti^
office in the Wynwood target area. I have this here and Mr. Lopez asked me,
to please, if 1 could call Mr. Tony Crapp and for the record ask him if it
was not true that in the meeting previous to the one held June 16, 1980
Mr. Lopez had asked from you a waiver for the deadline for the submitting
of the proposals so that we could get some expertise regarding economic devel-
opment?
Mr. Tony Crapp:- Yes, if you're referring to a meeting that I believe was
March 8th or somewhere abouts.....
Mr. Font: Yes, sir.
Mr. Crapp: Okay, that meeting was held, it was the meeting prior to the
April 23rd deadline for the submission of proposals.
Mr. Pont: Yes, sir.
Mr. Crapp: At that particular meeting Mr. Lopez did request and did express
the concern that he wanted to see a group of Wynwood residents come together
Mayor Ferre: That's not the question, it isn't that lie requested, did you
make a commitment that you would defer this item?
Mr. Crapp: No, sir.
Mayor Ferre: Okay, now you're sure of that be::ause the accusation that Mr.
Lopez made..... Tony, excuse me, the accusation that Etnilio Lopez told me
this morning was that you had made a commitment that you would give hirr.
additional time and deter. I told him if Tony Crapp made that commitment I
will stand behind him and I will support a deferral, if he didn't then don't
count on my vote.
Mr. Plummer: Excuse me, who do you represent?
Mr. Crapp: I'm with the City of Miami Department of Trade and Commerce Devel-
opment.
Mr. Plummer: Okay. And for the record again, your position?
Ar. Crapp: I am the director of the Business Development.....
Mr. Plummer: Excuse me, the posture of who you represent.
Mr. Crapp: My name is Tony Crapp, CiCy of Miami Department of Trade and Com-
merce Development, Director of the Business Development....
Mr. Plummer: And wht is your posture in relation to Wynwood at this time?
My Crapp: My posture on the situation of this program in Wynwood is as fol-
lows, and that is what I was trying to get to in terms of responding to your
question: I've been to Wynwood on a couple of occasions, March 8th ? believe
it was was was the first meeting I had been up there that we talked about the
program. At that particular point in time the concern was expressed regard-
inq ,the amount of time that was available given that there was a deadline of
April 23rd for proposals to be submitted. Mr. Lopez did raise the concern,
did ask the question regarding the possibility of an extension of trim beyond
that April 23rd date for a group to get together to put a proposal in for
consideration. My response to him at that point in time was that it was not
my responsibility with regard to the implementation of this program to grant
such a request of an extension. I referred him that he must contact either
Frank Castenedo or Dena Spillman in the Community Development Office to get
th.,t kind of a commitment, I was not able to nor could I give him an exten-
si(m of time.
Mr. Plummer: Mr. Casteneda is your boss?
Mr. Crapp: Mr. Castano.
Mr. Plummer: Do you communicate with him?
Mr. Crapp: Yes, I do.
Mr. Castano: No, he's talking about Casteneda, that's Community Development.
Mr. Plummer: Who is Julio A. Cast JUN lfrRj
57
/ 1.
Mr. Castano: That's me.
Mr. Carollo: It's City of Miami, J. L.
Mr. Plummer: I sometimes wonder. He's your boss? And you do speak with
him?
Mr. Crapp: Yes, sir.
Mr. Plummer: why is his position different than yours?
Mr. Fosmoen: There's no difference.
Mr. Plummer: Let me read to you from your memo. Please note that for the
sixth area, Wynwood, we are not prepared to make a recommendation at this
time. The applicant agencies for that area are not Wynwood based, we would
like to have the opportunity of receiving community input about this matter..
and on and on and on. Now,....
Mayor Ferro: What's the date of that memo?
Mr. Plummer: It's the only document, June 13th, but it is the only document
I have in front of me.
Mr. Fosmoen: There was a follow-up sent to you, Commissioner.
Mr. Plummer: There was?
Mayor Ferre: It's on the ....
Mr. Plummer: I still tell you if I ever retire from this Commission I want
the guarantee that I can sell this City paper and I'll never have to work
again.
Mr. Pont: With your permission, Mayor, Commissioners, I would like also to
point out that right now a proposal is being written and it will be in the
hands of the people of Community Development and the people from Mr. Crapp's
Office in case you give us the opportunity to submit it. It is already in
the works with the help of Mr. Luis Sample from Edison Little River and other
people that have the know-how in this type of proposal and office.
Mr. Plummer: Well, that's well and good but you know unless I'm sadly mis-
taken we can't even vote on this today simply because it is not in the packet,
Wynwood is not even included. In the packet is five areas.
Mr. Grannie: It is as a supplemental.
Mr. Plummer: I don't care about the supplemental, that's the five day rule.
Mayor Ferret J. L., don't invoke that now because you did get it on your -
when did this supplemental thing get in? I mean you're entitled to invoke
it and if you want to invoke it I'll recognize you to do so.
Mr. Plummer: You know, Mr. Mayor, how do we find ourselves in a position in
Ed#son Little River it was said that Community Development did not have the
right of input. Whatever reason, and this Commission unanimously voted,
Father in particular said that's it, take it back to them yet the same -e-
quest as I understand it is being made here for Wynwood Park and the argu-
ments are going a 180. When I receive documents that said that they need
more time that that matter was not going to be discussed.
Mayor Ferret All right, I got this thing going by asking you to go on the
record but I had interrupted you. Are you finished with your statement?
Mr. Pont: Yes, you can ask any question regarding Mr. Lopez's position in
this I would be willing to.
Mayor Ferret As I understand it Mr. Lopez wants a deferral of this item
and it is based on the premise that you, Tony Crapp, made a commitment to
him that he would have additional time. You have now denied that that is
the case.
Mr. Crapp: Yes, I have. I said that no commitment of that kind was ever
given to Mr. Lopes from me.
58 �L'"i ^ -,
;.,Q.)
L
E
Mayor Ferre: All right, now Mr. Plummer has brought out the question as to
whether or not the community has been properly consulted. The fact is that
the community was given the opportunity of twice meeting and during those
two - I'm trying to explain in answer to your question that two meetings
were called. Now, I'm not going to make accusations of any kind. The facts
are that there was no quorum. In the face of that, now Mr. Lopez says that
there was no quorum because he had a commitment from Tony Crapp and that
there was no need for their meeting because they had additional time. Now,
if that were true then 1 would accept Emilio Lopez's statement. If that is
not true then I think we have to accept the reality of the situation. The
reality of the situation is that two meetings were called. The board refused
to meet. Now Mr. Lopez who is now here, if you will step forward, we are
where we were this morning. I told you this morning when, we met, you said
that the whole thing was based upon the fact that Tony Crapp had made a com-
mitment to you. I said to you if that is true, and you said it is in the
minutes, and I said fine, if you could show me where: it is in the minutes
where you get him to accept it then I will accept the deferral. If it is
not in the minutes and if he doesn't accept it then as far as my vote is
concerned I won't go for a deferral.
Mr. Emilio Lopez: The minutes are of June 16, 1980. June 16. We had a
meeting in which first he made a presentatic•n and then I asked him a couple
of questions. I'll read it to you from the minutes. Mr. Lopez asked the
City of Miami to give the Wynwood a waiver of three months so with technical
assistance they could put tugetiier proposal for their own, this time to
present it to the City. Mr. Crapp indicated that the request at their last
meeting and he agreed but they had not made an attempt to submit a proposal
or request assistance then. Mr. Crapp further stated further had stated
that the board was advised in March of the deadline for proposals. Before
that when we first had a meeting in which Mr. Crapp made the first presenta-
tion one of the comments that I made to him was, "Mr. Crapp, would you go
and check with Dena Spillman or whoever you have to check with because we
would like to request a waiver so this community do not have at this time
an economic developme:t or we don't know enough about economic development
is supposed to mean to us" and the next day I called him and he told me
yes, it is all right, you will have a waiver. Are you saying no?
Mr. Crapp: I will respond.
'r. Lopez: You know, at that time he told me how he spoke to certain people
e:id then in a meeting on the 16th in front of the people who were there I
asked him in front of everybody if this, you know, I said to him so he rem-
embered the statement, I don't want to have that when you request proposals
that people who dedicate themselves to write proposals, what I call poetry
pimps, come up and write a proposal for every area of this community and
do not give a chance to the people in the communities to be able to develop
their own proposals. There are minutes and there are tapes. I went today
and I spoke to the staff arid there are tapes to all those statements that
I'm making. At the same time in the meeting of the 16th I asked Mr. Crapp
if the statment that, you know, the statement that I made was true and he
said it was true. Now....
Mayor Ferre: okay, Emilio, I think you've gone long enough. Now let's get
an answer and let's move along. What's your answer?
Mr. ,Crapp: My answer is that Mr. Lopez called me the day following the first
meeting, our initial meeting that I was in the Wynwood Park area, f "d tell
him that I would call and check with the Community Development office regard-
ing his request for an extension. I told him at the point in time when he
called me back to check on what I had found out that I was not entirely sure
about the possibility, I told him that he must directly communicate his re-
quest to either Frank Castanedo or Dena Spillman over at CD. I did not tell
him that an extension had been granted or would be granted.
Mayor Ferre: All right. You are recommending that....
Mr. Lopez: May I call Mr. Frank Castaneda then? He was, you know, I spoke
to him.
Mayor Ferre: Mr. Casteneda, for the purpose of clarifying this item if you
want to make a statement into the record identify yourself.
Mr. Frank Casteneda: Frank Casteneda, Assistant Director of Community Develop-
ment. I did speak with Mr. Emilio Lopez, he at that time asked me whether he
could get more time to present a propos-.1, I told him that he should present
that request in writing and that we�Culd respond in writing. At thatjC 6
1983
we were not aware, as you see from your memo of June 13th, we're not recommend-
ing a program for Wynwood because were not aware of a number of businesses
that were in the Wynwood area that were interested in having SBOC present there.
That's one of the reasons that we did call two meetings in the area, one on
June 16th and one on May Sth. which was three days after, the June 16th meet-
ing was three days after your memo was sent over so that's the reason that we
do not include it because we wanted to make sure that this was not an organ-
ization that would be found by the area people to be uncompatible.
Mayor Ferre: All right, Mr. Lopez.
Mr. Lopez: You know talking about the signatures I collected, you know, I
also, we went into the community and we represented, we also supporting the
board. You know we've been elected by the community to represent them and
one of the problems we're having is that every time we have requested anything
from this group of people most of them first we have to come and fight and
we've been denied to the point that about three or f.)ur months ago we got a
group of people put together from all the areas and we're still working on
the proposals and we said that we were going to put an injunction to Commun-
ity Development for what we were doing. Now, those signatures over there
also represent , you know, some people of the community that are backing our
position in which we're telling you. The only thing we're asking you is this,
give us three months to be able to give a chance to the people in that com-
munity to be able to employ some people from that community that has 53%
unemployed people in that community to give a chance to develop their own
thing, to go to their businesses like the other people are going to do and
create something. It is supposed to be self-help. You know people from the
Community Development.....
Mayor Ferre: I'll recognize you again to make a closing statement but we
have n:.t heard yet from the Small Business Opportunity Center and I'd like
to recognize the Executive Director, Virgilio Perez who was recommended by
stafi to receive the award of this grant.
Mr. Virgilio Perez: Mr. Mayor and members of this Commission, the only thing
we want to do is help out the Wynwood area. It seems that from March 21st to
April 23rd which the City of Miami put into writing a request for all City
organizations to cone in with a proposal the people in the Wynwood area were
not able to do it. Now Mr. Lopez comes up here and he says that he wants the
Wyr,wood area to cone up with a proposal but his representative or whoever it
is slid that he was going to have people from Edison Little River to come and
him. I cannot understand if he wants to do it from one area and bring
other people from the o::her areas. Now the only thing we can do is say to
this Commission that we have a track record of three years in this community,
that we have taken more than $700,000 in loans and we have taken to the SBA
and we have brought it into the community; that we have brought in the first
shoestring factory into this community; that we are willing to work with the
people of the Wynwood area. We have gone to two meetings in that area, one
where there were seven people on the board, it was not a majority. The other
one were four people in that area. There were 31 businessmen who signed a
letter petition to have an economic development program in that area. It
has been submitted by staff I believe. Now the only thing I have to say
from our organization, that we are a complete organization that is willing
to work into that area. We are not going to bring anybody from the outside,
we can bring the expertise and this is all we want to do.
Mr. Lopez: May I7
Mayor Ferre: Quickly and then we'll get to a head on this.
Mr. Lopez: Okay. In reference to that, like they had an opportunity to
create their own development program. We would like to get some technical
assistance, that's why we requested the three months. They can even help us
develop our own program if that's what they wish to do. We could do all of
that too, Mayor and Commissioners. What we're saying to you is in this case
we feel that Community Development is supposed to be able to help the people
to develop in their own communities their own thing and the best way to do
it, at that particular time when we spoke to Mr. Crapp we told him we do not
have a non-profit corporation, give us until July to be able to do it. I'm
asking you again, we're asking you for three months, is it that much that we
are not able to get maybe their technical assistance, Edison Little River,
Culmer and all those people who are experts already in economic development
to allow us to develop in Wynwood our own economic development? I talked to
Mr. Crapp, I talked to all the people involved and we requested that. Mr.
Mayor, I can assure you if you give me a chance, three days or two days,
whatever time limit you give me, if you give me a chance 7 can produce to you
60 JU N!
9
9
a proposal like anybody else. I have written a proposal in 45 minutes so
you know that is no big deal but we were under the understanding, we were
under the understanding by Mr. Crapp and the staff that we would get a
waiver, that we were going to get a waiver. That is my point.
Mayor Ferre: Okay, now I think we've heard enough discussion on both sides,
now the Commission might have some questions or statements or comments.
Mr. Lacasa: Well, I'm ready to make a motion.
Mayor Ferre: Well, before you make it, I'll recognize you for a motion, let's
see if anybody has any comments. Plummer? Carollo? Gibson? all right, go
ahead.
Mr. Lacasa: I move the staff recommendation that the Small Business Opportun-
ity Center be funded, be approved. And I would suggest that the Wynwood Com-
munity Development Program next year present its proposal on time and we'll
gladly consider it but this time we feel that the opportunity is gone and I'm
going with the staff recommendation.
The following motion was introduced by Commissioner Lacasa who moved
its adoption:
MOTION NO. BU-4-4
A MOTION TO FC,LLOW THE STAFF'S RECOMMENDATION CONCERN-
ING THE FU'DING OF SB OPPOLTUNITY CENTER AND FURTHER
RECOMMF.NDiNG THAT THE WYNWOOD TARGET AREA GROUP PRESENT
THEIR REQUEST FOR FUNDING ON TIME NEXT YEAR.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Thiodore Gibson
Vice -Mayor Armandu Lacasa
Mayor Maurice A. Ferre
NOES: None.
Mayor Ferre: Emilio, I want you to hear what I'm going to say when I vote.
, u and I met this morning. I told you that if Tony Crapp would say on the
record or if there was a statement that could be proven that he had commit�:ed
to you an extension of time I would certainly vote for that. Now, the fact
is that you had, I'm sorry I don't mean you Emilio Lopez, you the board had
two opportunities to meet. 1 don't kno,.. what your reasons were and I don't
question them but you didn't meet. The difference between you and this lady
over here who is the chair person in another CD area is that they did meet
and that they did deliberate and that they did come up with some things but
the Wynwood community's CD area did meet. I'm sorry, I certainly hope that
Mr. Perez's statement that he said that he's going to go into this area using
the people of that community. Now a community that is Puerto Rican and Cuban
and Honduran and Dominican and Haitian, that those people be taken into account.
I understand Lopez's concern that the people from within the community be
ignored. This is a one year grant for $50,000, that's nothing really for what
we -weed.
Mr. Lopez: It might not be nothing....
Mayor Ferre: Well, it's nothing in comparison to what's needed as Mr. Goldie
Watson said this morning and everybody else has repeated. For an area of this
size $50,000 for CD is a drop in the bucket, it is the beginning. You will be
judged next year when you come here depending as to how well you have paid at-
tention to the needs of that community. I would strongly recommend that you
work in conjunction with the CD board, that you not ignore them even though
there may be differences that you try to deal with them and that you bring them
into the fold of what you're going to be doing and I think that hopefully we
wall progress. The majority has voted, there are four votes now and I cast my
vote with the majority.
Mr. Lopez: Mr. Mayor, let me make a comment and a statement also. It seems
that you know you make the Community Development Boards and we are at the same
stage of the game that we were 10 years ago and two years ago and one year ago
and three months ago. I remember we came to you, all the chair persons of all
the areas telling you that you'd better look at your staff because not only
the staff but the Commissioners have made promises, I mean ops.n promises the
Commissioners of Dade County and the of Miami and your staff have made
b J U N 261980
f F
promises and commitments and today I'm appalled that I even spoke to some of
those people, maybe pressure was put on them or whatever, I don't know what
it was but I'm really appalled that people that have talked to us in open
meetings and I want you to check the tapes of the meetings prior to this tape
and you should have those tapes checked, as a matter of fact I request those
tapes checked to see if what I'm telling you was a statement of truth or not
and I'm willing to go and get in with what you call it, truth serum or what-
ever to see if what I'm saying to you is the truth or not. Those people told
us that they will give us a waiver, that there will be no problem in getting
a waiver and I remember three months ago we went through the same problem.
I know I have problems with Armando Lacasa and with you politically and if
that is what is happening I would like to know. But at the same time I'm
going to tell you maybe, I know how many times you have said if you want to)
cacique get over here and you did the same thing in Little Havana and they
took you to court and there was a case. Okay, I know all those things. Now
one thing that I would like to say again is it seems I see in this community
that there are three types of systems working. There is an Anglo system of
government in which supports two systems, a black system and a Cuban system
and if you are not in that you are excluded. You check with that business
that you have right now that you just gave them $50,000, ask them if they
have anybody in their board is Puerto Rican or any nationality working within
that group. You are creating segregation. You go to the Wynwood area, you
will find out that like you said we are Puerto Ricans, Cubans, blacks, pinks,
all working together and all the programs are the same. You are creating a
group separation in here. I can pinpoint to you in this community many areas
in which programs are created and they become all black or all Cuban and all
the other groups are excluded.
Mayor Ferre: Okay, I'll see you on August 12th. In the meantime, Mr. Mendez
is here and other members of the Puerto Rican community and you can speak for
yourself very briefly on the record, are supporting Mr. Perez. Would you
make a statement into the record, please?
Mr. Jose Mendez: I just want to be very brief. My name is Jose Mendez and
I'm a resident of 280 N.W. 34th Street which is in the Wynwood community.
by the way, for the record, I also wanted to say that of all the folks that
claim to represent the Wynwood area they only work in the area, they don't
live in the area, I happen to live in that area. But what I originally wanted
to say is the fact that what Mr. Ferre, the Mayor, has said, the community,
4he task force has been given ample time and I congratulate this Commission
in saying that this year we learned our lesson that next year the Wynwood
community should come up with a proposal. I think it is a hell of an opportun-
ity afforded to the Wynwood community and I want to thank this Commission for
that.
Mayor Ferre: All right, thank you.
13 DISCUSSION OF CITIZEN PARTICIPATION
Mayor Ferre: Start with Item B.
No. Dena Spillman: Mr. Mayor and members of the City Commission, on May 8th
we had a meeting, we discussed Citizen Participation, at that time you asked
staff to come back to you with a recommenced chair person, vice -chairperson
system. Since that time, as you are aware, we have had several disturbances
throughout our community and I have personally gone and met with many of the
representatives and people in the community to determine their feelings on
the Citizen Participation System. As a result of that, the recommendation we
are making to you today is two -fold. We are asking that each neighborhood be
given the opportunity to decide for themselves whether they want a chairman/
vice-chairman system or an elected/appointed board. The elected/appointed
board would consist of 10 elected members and 5 appointed members by the City
Commission. The appointments would take place after the election so that you
could insure that there would be racial geographic and economic representation
on the various boards. We have had discussions with HUD about a totally elected
board and they are not in favor of that. They feel that in a totally elected
board you can get too many people from one neighborhood or one section and
that there should be
J
Ms, Dena Spillman (continued). ...Since that time, since you are aware,
we have had several disturbances throughout our community and I've
personnally gone and met with many of the representatives and people in
the community to determine their feelings on the Citizen Participation
System. As s result of that, the recommendation we are making to you
today is two -fold. We are asking that Each neiqhborhood be given the
opportunity to decide for themselves whether they want a Chairman -Vice
Chairmain system, or an elected appointed hoard. The elected appointed
board would consist of ten elected members and five appointed members
by the City Commission. The appointments would take place after the
election so tnat you could ensure that there would be racial, geographic
and economic representation on the various boards. We have had
discussions with HUD about a totally elected board and they are not in
favor of that. They feel that in a totally elected board you can get
too many people from one neighborhood or one section, and that there should
be some appointments to ba ince out whatever the election results are.
I want to say one other thing, and that is that I want you to understand
that both of these systems very much exceed HUD requirements for
citizen participation. HUJ requires three public meeting, period, in the
neighborhoods but does not reuuire a formal structure like we have. I
just want to make that. cleat to you.
Mayor Fer.re: Okay. I'd like to make a very simple recommendation.
All right? Tha recommendatioi, Ls, since ... I am personally for going
back to tht- old system which is, you have a Chairman and a Vice -Chairman
and thu community elects them. And they hold public meetings and whatever
the majority of the people at the public meeting decide, that's what works.
Okay? Now. there are three communities that object to that and they
are mostly black areas. Is that correct? They say they like the board
system. Therefcre, I think that the way to solve this problem is to give
these communities the alternate system. In other words, that they can
vote for the old system which is the Chairman and the Vice Chairman, or
they can vote for system "B" which is five elected and five appointed
and have the ten deliberate and el^ct a chairperson. Now, that gives
us, the Commission, the opportunity to balance the group so that nobody
is excluded. Now those are the choices. Either you go back to the old
sybtear of electing a chairperson or you go to a five and five where we
appoint five. Jkay? Now, there is a very simple way, Mr. Grassie,in
which this can be dons.. If the election is held in more than one place,
because you have to have, there are a lot of senior citizens, for example,
that go to these hot meal dining rooms, Smathers Plaza, Pepper Center,
you know the others, if you designate those as places where people
can vote. They can vote, lets say at 11:30, okay? For either system
"A" or "B". They are not that many people that are going to vote. You
can talley the vote in a two hour period. And lets say at 2:00
o'clock or 2:30 you would have a second vote where whichever system that
comminity selected, then would either elect a chairman or vice chairman
or would elect five members of the board.
Mr. l.acasa: Mr. 14avor, I'd like to comment on that. First, I believe
that we do have to have a uniform system. I believe that we only have
_;eight areas, eight target areas in the City of Miami. Always, we have �
had a uniform system and we have to have a uniform system, whether
one or the other. But to have different systems for different-+* ..get !
areas, I don't believe it is going to be so functional in the long run.
The second remark that I want to make is, that the procedure of
balancing the elected people in each target area by the City Commisicn
is a very dangerous procedure because questions could be raised, that
by appointing members to the board, in whatever the number, we are
neutralizinq the will of the community expressed by their voting. So if
th(� community elects five members and than we come and appoint five, actually ;
what we did was neutralize the will of the community in that particular
board. So, 1 for one, would rather see one uniform system. And if we
are going to make it democratic, I am perfectly willing to accept the
recommendation of the eight target areas. So if the eight target areas
will be polled and then the majority of them decide. But one system.
Mayor Ferre: I understand your concern and your problem but let me point
out to you, see? Notice what happened? Who are the people that object to
V3
ist
JUN?"
Mayor Ferro (continued): a chairman, vice-chairman system? The three
black areas. Why? Because they are concerned of being excluded. Now,
since we have seen this process function, for example, I'll give you
a specific case, Allapattah. In Allapattah the majority, and I'm
very supportive. You know that I support Hurrah I've always supported
him and support his now but Hurrahis a good organizer. He organised
all of his troops, they went down there, the poured all of their people
in and they were no, the black were excluded, and the whites, the white
anglo, Pat Keller, who is certainly no friend of mine. God knows that
I have no ... there is only one...but you see, if you go to the board
method, let me tell you what the problem with that is. If you go to the
board method, then you get some people in the Cuban community who says,
there goes the City of Miami Commission trying to interfere with the
selection process of the community. So....
Mr. Lacasa: Elected, everybody elected.
Mayor Ferret Then if you have an all elected board you're back to where
we are now which is somehing that I am violently against. A totally
elected board is what we have now and that's exactly what doesn't work.
So either we go to a chairman -"ice chairman, and let the community
speak, or if you want a board system, it has to be a balanced board.
Because we're not going to get back to situations where a little small
group of people, like happened in Little Havana, go and dominate and
then exclude everybody from talking. So there's only two systems that
are acceptable, as far as this vote is concened, either the old chairman
system or a new balance system.
Mr. Carollo: I'd rather go with the old chairman system. We had a
chairman and vice chairman.
Mayor Ferret The problem with that...
Mr. Lacasa: Absolutely. Because you know what happens if we have,
and this is where the whole thing went distorted. If we have the
spirit of the HUD provisions are that the neighborhood speaks, not a
group but the neighborhood. The reason why we had a chairman and a
vice chairman was because somebody is needed to coordinate the meetings
and to go then to the City Commission, or to the County Commission
and be a sort of a lobbyist on behalf of its own neighborhood. We
need a vice chairman because something could happen to the chairman and
then we need somebody else to take his place, and that's it. And who
is the board? The board is the whole neighborhood. Everybody with one
vote. That was the way that it was always done in Little Havana and it
worked out pretty well, and in other areas. Everybody went to the meetings,
whoever has an interest, whoever wanted to participate did go to those
meetings, attended the meetings. Everybody has one voice. Nobody has a
privilege over anybody else, and the chairman actually did not have any
voice because the only function of the chairman was to coordinate the
meetings and afterwards come to the City Commission or to the County
Commission.
Mayor Perrot You're right. Let me tell you where you'r
e right and then
let me tell you where you're wrong. You're right in Little
Because in Little Havana you have a monolithic community. It works,
you know where it works? It works in Model Cities. Plummer, listen,
I'm going to explain it one time on this. See, what Lacasa says is
right. It works in Little Havana, it works in Model Cities because
Model Cities is all black, and Little Havana is all Cuban. Where is
doesn't work are in communities that are mixed, like Allapattah. That's
where you get into trouble. Now let me go over the two alternatives that
are being discussed here. one, you go back to the old system, a chairman
and a vice chairman. The chairman holds the meeting, and runs the
meeting but the people speak. They advertise, they have one hundred
people show up, the majority rules and that's the will of the community.
If five hundred show up, if ten show up, that's it. If they didn't have
any interest in going, that's their problem. That's one system. That's
the old system. I am in favor of that system along with Lacasa and
Carollo. Now there is a second alternative. The black community in some,
in three out of the eight cases, does not want that system. The reason they
Lot
JUN.�;.J
Mayor Ferre (continued): don't want that system is they want representation
and they are afraid that they might lose representation. The classic
case is Allapattah where Hurrah and his group dominated the group and there
is no representation of any blacks or any non-latin whites. And they
are concerned that there is no representation for a segment of the
community. Now, what I recommend is accept both systems. Let each
target area decide whether they want system "A", the chairman system,
or system "B", the board system. The board system, Plummer, the board
system, however, is not the existing board system. It's a board system
where the community selects five and the Commission selects five. And
that way, if the community selects five blacks and there are no Cubans,
that we're able to balance it. If the community selects five Cubans and
there are no blacks, we can balance it again. If the community selects
five Anglos and no Cubans and no blacks, we can balance it again. If
there are no women selected we can balance it. So those are your choices.
Father Gibson: Mr. Mayor, I personally would like the board system so that
so people who have a different leaning about the system than I, I think
we would be better off giving each target area the opportunity to vote
as to which system governs that target area. And I move you, sir, that,
I'm sorry, you warted to speak?
mr. Carollo: No.
Father Gibson: I move you, sir, that we make available to each target
area the opportunity of making a choice as to which system the target
areas wants. And at that point in time, they live with it.
Mayor Ferre: Is there a second to that motion?
Mr. Lacasa: I have no problem. If you feel that this is going to
insure that every target areas will have adequate representation I am
very willing to go along with it and to second the motion. Another
alternative could be to redesign the areas so we have a more homogenious
type of situation but that might be more complicated. So I have no
problem, Father. I'll second that.
Mayor Ferre: Further discussion? Call the roll, please.
The following motion was introduced by Commissioner Gibson, who moved
its adoption:
MOTION NO. 80-455
A MOTION DIRECTING THE ADMINISTRATION TO GIVE AN
OPPORTUNITY TO EACH CD TARGET AREA GROUP SO THAT
THEY MAY DETERMINE THE KIND OF BOARD SYSTEM THEY
PREFER TO HAVE AND REQUESTING THE STAFF TO REPORT
THE RESULTS TO THE CITY COMMISSION
Upon being seconded by Commissioner Lacasa, the motion was passed
and adopted by the following vote%
AYES: Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor Armando Lacasa
Commissioner J. L. Plummer, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
65
ist Juts r r 1980
r-
FOLLOWING ROLL CALL:
Mayor Ferret Annette, go ahead.
Mrs. Annette Eisenberg: May I just make a comment?
Mayor Ferret Quick.
Mrs. Eisenberg: because I think, very quickly. Because I think I've
gone through all the boards going back to theold NDP, to the President
Vice President to the now elected boards. And let as just may regardless
of what the make-up is, unless you demand one thing from the people who
serve these boards, to install them and duly charge thew that they
represent the entire community that they are serving. That they don't
represent just the street they live in or the group that they live in.
But those two people, the chairman -vice chairman of the entire board
are representitive of the entire community. That's the only way there
will be fair representation.
Ms. Spillman: I need a clarification.
Mayor Ferret You need a clarification. Proceed.
Ms. Spillman: Coconut Grove has always functioned under the CAA -CD
Board. We have made an exception for them every year. If you want
to do the same thing next year?
Father Gibson: I move.
Mayor Ferret Father Gibson moves...
Mr. Lacasa: Second.
Mayor Ferret Lacasa seconds. Further discussion? We've never had
any controver.sey. Call the roll.
The following motion was introduced by Commissioner Gibson, who
moved its adoption:
MOTION NO. 80-456
A MOTION OF THE CITY COMMISSION ALLOWING THE COCONUT
GROVE BOARD TO FUNCTION AS A CAA CD BOARD, AS THEY
HAVE DONE IN THE PAST
Upon being seconded by Commissioner Lacasa, the motion was passed
and adopted by the following vote:
_ AYES: Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor Armando Lacasa
Commissioner J. L. Plummer, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
FOLLOWING ROLL CALL:
Mayor Ferret Now, Dena, do we have a liveable working system on this?
Ms. Spillman: We'll let you know. We're going to have one election.
I think we'll see. One other question...
Mayor Ferret Now the election is all on one day, I would hope.
Ms. Spillman: It will be at one time. It will be one vote. We have
figured out how to do it.
ist
E
Mayor Ferre: That may be confusing, but that's your business.
Ms. Spillman: Downtown will be included in whatever system they choose.
14. APPROVAL OF PROPOSED GENnRP.L OBLICATIOV BOND ELECTION
(SA`7ITP rY SV %rRS , STREET I la"ROVET' *r-rS , ETC . )
Mayor Ferre: Lets proceed now. We're on item "C", a presentation
and discussion of the General Obligation Bond Election for Sanitary
Sewers. You have a memorandum, you have a description. Are there any
doubters here or any people who have anythinq against this that wish
to speak? If not, is there a motion on this item:
Mr. Lacasa: Move.
Father Gibson: Mr. Mayor.
Mayor Ferre: It's been moved by Commissioner Lacasa for the purposes
of discussion now.
Father Gibson: I'd like to second the motion.
Mayor Ferre: All right, there's a second.
Father Gibson: I just want to make one observation.
Mayor Ferre: All right, go ahead.
Father Gibson: I would hope that if we vote to proceed that, Mr. Grassie,
that we proceed to complete the sewers process of this City post-haste.
It will save us money and we, most of us, I think Plummer, myself and
the Mayor, I know we have in the past vowed that we are going to
sewer this City regardless, that we want it sewered because it was
necessary. And I would hope if we could get it done instead of five
years, two and one half years, we'll save money.
Mayor Ferre: Further discussion? It's been moved and seconded. Call
the roll on ... what item is this on the agenda?
Mr. Grassie: Item "C".
Mayor Ferre: That's not a resolution item. Where's the resolution
on the agenda?
Mr. Grassie: Items eighteen and nineteen.
Mayor Ferre: All right, the motion was made on Lacasa on item eighteen,
no that's not eighteen. It's nineteen. Lacasa ... no. Mr. Manager,
why don't you look at it again and tell me what item we're voting on.
UNIDFNTIFIED SPEAKER: It's just a request that this proposal be adopted
and we proceed with a special election.
Mayor Ferre: This is a simple motion then. The motion is, on the
part of Commissioner Lacasa, seconded by Commissioner Gibson, that this
item that has been presented to us in our packet, which is item "C"
for a General Obligation Bond Election for sanitary sewers and street
improvements be approved and that you proceed forthwith. Further
discussion? Call the roll.
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The following motion was introduced by Commissioner Lacasa, who moved
its adoption:
MOTION NO. 80-457
A MOTION TO APPROVE THE PROPOSAL FOR A GENERAL
OBLIGATION BOND ELECTION FOR SANITARY SEWERS,
STREETS IMPROVEMENT, ETC. TO BE PLACED ON THE
BALLOT' OF OCTOBER 7, 1980
Upon being seconded by Commissioner Gibson, the motion was passed
and adopted by the following vote:
AYES: Vice -Mayor Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Commissioner J. L. Plummer, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ON ROLL CALL:
Mr. Plummer: As long as ltr. Cather agreed that in the future, no
other presentation he makes takes any longer than today, I vote yes.
P.EPORT FROM CHIEF HARKS 071 INCRZPSF.D POLICE MANPOWIR
Provide 10M New Positions by End of Year
15. Make Provision for ADDITIONAL 100 Positions to Bring Total to
914;'tinority hiring Mandated; expansion of Area of ^.ecruitment
Mayor Ferre: Take up item "D". Chief Harms. We're read your
recommendation. I don't think anybody here has any objections. I, for
one, and am sure we're all fully supportive of your request for an
additional one hundred sworn officers. Is there anything that anybody
wants to add?
Mr. Plummer: Oh yeah. I've got a lot to say.
Mayor Ferre: All right, go ahead, Mr. Plummer.
Mr. Plummer: In reading that which was put forth by the Chief, I think
that we had a lot of problems last year in a misunderstanding. And just
for the record, I have no problems with that which the Chief put forth.
r But I want to make sure that the misunderstanding that existed last
'. year doesn't reappear this year. It is my understanding that the Chief
has requested one hundred and nine new. The key is new positio- . And
fifty civilian positions, and I have no problem with that. I'm in favor
of that. Mr. Mayor, the area that I want to touch upon and clear up
for the record so that there is no misunderstanding was the intent and
desire and of this Commission to return that department to its full
strength as it was at its highest year. I don't want, as Father says,
any...
Mayor Ferre: How many more people is that?
Mr. Plummer: ...I'm going to tell you because I have the figures, and
I don't know that the Chief's figures agree or disagree but that's his
problem. I live with dollars. At the present time, Mr. Mayor, last
October, nine months ago, made a reallocation of budget of six
hundred thousand dollars in which every member of this Commission, excluding
my good friend down on thefar who was not here, was fully apprised
that we were going to have thirty-three new positions.
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Mayor Ferre: That's right.
Mr. Plu.-m r: Well it didn't happen. Let me tell you why it didn't happen.
If you take and read the book that the Chief has put out, and I'm sure
each and everyone of us have, thirty-one,in fact after nine months were
put on the streets. Nine months later.
Mayor Ferre: New policemen.
Mr. Plummer: Well if you want to call them new. And this is where
the confusion is coming and I want to clear it up. If you take, according
to the Chief's statistics, and I'll use that, that we have averaged
approximately nine terminations, for whatever reasons. That's quitting,
fired, whatever reason, they are no longer on the department. For the
period of time at today, we have lost fifty-five sworn officers. We
yet have three more months to go.
Mayor Ferre: Plummer, look, so we can move along, make your motion.
And I completely know, I understand what you are saying. You want
one hundred people to graduate from and be put on the job in addition
to those that retired and replaced...
Mr. Plummer: You hit it right on the head.
Mayor Ferre: ...so that we end up, if we have six hundred and fifty
now, that we end up, Chief with seven hundred and fifty. Now that
means that you may have to graduate two hundred policemen.
Mr. Plummer: My figures show one hundred and ninety-nine. You're
one off, Mr. K;iyor. But I won't hold you guilty.
Mayor Ferre: In other words, it's not a question of putting in one hundred
more and one hundred and twenty retire. It is, what we're saying, what
I am for, and each member can speak here, is that I want to see this
Police Department increased. We have six hundred and how many police
officers, sworn officers now?
Mr. Carollo: Six hundred and sixty.
Chief Kenneth Harms: We have six hundred and fifty-seven.
Mayor Ferre: Six hundred and fifty-seven. What I am for is to see
seven hundred and fifty-seven policemen on the payroll next year.
Mr. Plummer: No, no. You see, that's where the confusion is coming.
Chief Harms: The number I gave you relates to the actual number of
policemen and not the budgeted strength. The budgeted strength is
seven hundred and fourteen. That means we have fifty-seven vacancies
of this moment in the sworn ...
Mayor Ferre: I don't know what anybody else is going to come up with
but what I am saying is that in addition to those that retire and are
replaced, we go up another 100 policemen.
Mr. Plummer: That's in accord.
Mayor Ferre: Okay? Now, that's what I am saying. Now we have six
hundred and fifty-seven, plus those who retire, plus one hundred additional
brings it up to seven hundred and fifty-seven policemen.
Mr. Plummer: You will go to the 109 as recommended?
Mayor Ferre: Whatever, you make the motion, Plummer.
Chief Harms: There is some confusion on my part because what I asked
for essentially, was an additional, one hundred officers over the
budgeted strength which was seven fourteen.
Mr. Plummer: Which would bring you to a total of eight fourteen.
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Chief Harms: That's correct. In addition to the fifty civilians.
Mr. Plummer: That's correct. Now, what we're really looking at
would be at eighteen fourteen. Is that correct?
Chief Harms: That's correct.
Mr. Plummer: That would be one hundred and fifty-seven people in the
academy very quickly.
Chief Harms: Well, very quickly is difficult to respond to. We don't
have a current register. We're trying to create one, we're in the
process of recruiting. We anticipate testing in the not to distant
future.
Mr. Plummer: So we're looking at one hundred and fifty seven sworn
police officers plus fifty civilians. That's the motion I make.
Chief Harms: Commissioner, let me suggest to you that in the coming year
given our current vacancies, the one hundred positions you're talking
about and the attrition, that we would essentially have to hire something
in the vicinity of two hundred and sixty people to accommodate those
positions.
Mayor Ferre: What's Plummer's motion. Is there a second?
Mr. Carollo: I'll second it.
Mayor Ferre: Carollo, go ahead and make your statement.
Mr. Carollo: I want to make a statement...
Mr. Plummer: Two hundred and sixty-three.
Mr. Carollo: ...In essence, what we're saying here that with the request
that you are making, Chief, it would bring out department to eight
hundred and fourteen sworn officers. Correct?
Chief Harms: That's correct.
Mr. Carollo: Well, if I may just take two more minutes. The estimates
that you are using for the City of Miami population I think is a very
very conservative estimate. You are using the figure of three hundred
and eighty thousand people for the City of Miami...
Chief Harms: Yes, sir. That's correct.
Mr. Carollo: ...when in actuality, it's probably well over four hundred
thousand. Maybe heading somewhere in the neighborhood of four thirty,
maybe four fifty.
Chief Harms: If you consider the day time influx to the downtown
area you're certainly accurate in that assessment.
Mr. Carollo: Well, that's not even including that. I'm talking about
people living within the City. If we're going to include that, it might
even be higher than that. The actual strength of the Police Department
is six hundred and sixty officers, which gives us one point eight
police officers per one thousand population.
Chief Harms: That's correct.
Mr. Carollo: If we were to add these hundred new police officers, and
this is being based on a very conservative population again, three hundred
and eighty thousand. If we were to add one hundred police officers
today, it would bring it to two point one police officers per one thousand
population, per one thousand citizens. Well, that's well, well just under
what we should have. Dade County has two point five per one thousand
�O d ^ S, b,
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Mr. Carollo (continued): and they're complaininq that they are
terribly under -manned, and I agree. What I would like to propose, is
that besides the one hundred police officers you are askinq for, and
I realize that our budget is hurting, supposedly, for next year but
even if we have to do away with, you know, one more assistant city manager,
or whatever we have to, you know, and I see a few of us hanging around
here doing nothing, so that tells me that apparently they are not that
important. I want to request and present to this Commission, to have
one hundred more police officers than you are requesting, for the
following budget. Spread it out in such a way that it would be
feasible but...
Mayor Ferre: You mean for the budget beyond 1380-81. Okay.
Mr. Carollo: That's correct. In other words, that we would approve
one hundred new police officers in this budget and go one record as
wanting one hundred additional ones for the following budget. And that
according to the information that we look at, would bring it supposedly
to two point four. And actually it will probat;ly be much lower than
that.
Chief Harms: Dependinq where you set the population figures for Miami,
up or down.
Mr. Carollo: That's correct, Chief.
Mr. Plummer: Mr. Mayor, you know, I want it or, the record that wo are
looking at in excess of one million dollars of additional new funds for
the department.
(INAUDIBLE' COMMENT FROM THE AUDIrNCE)
Mr. Plummer: One million dollars. NO, you're wrong sir. We're creating
only one hundred new positions. Okay?
Mayor Ferre: That is two and one half million dollars.
Mr. Plummer: No, sir, you're wrong.
Mayor Ferre: Well, by your o•.m figures, Mr. Plummer, of two years ago
during the budget. You came up with the statement, Mr. Plummer, that
each police officer, directly and indirectly costs this City
twenty-five thousand dollars. Those are vour figures.
Mr. Plummer: Still true.
Mayor Ferre: One hundred times twenty-five is two and one half million,
unless my math is very wrong. You tell me if my math is wrong.
Twenty-five times one is twenty-five and twenty five times one hundred
is...
c Mr. Plummer: Gkay. I stand corrected. Two point three.
Mayor Ferre: Lets say two and one half million dollars.
Mr. Plummer: All right, now. Let me come back to the other point because
this is where we're going to fall apart. Chief, of your figure of
two sixty-three, I'm assuming that that figure then says that you are
asking for, in reality, fifty-six additional taking into consideration
the retirements. Is that correct? The difference between 207
and two sixty-three.
Chief Harms: If we use the same attrition rate. If we use the same
attrition rate and.add that cumulative experience to the fifty-seven
positions that exist now and then add to that the positions that you're
talking about approving at this Commission meeting. Then the figure is
roughly two hundred and six positions in the next year.
71
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Mr. Plummer: Two -six -zero.
Chief Harms: Roughly. Okay, now it depends how the attrition goes.
It's plus or minus maybe ten or fifteen positions on that, depending
on attrition.
Mr. Plummer: okay. All right, now lets get to the other problem right
now so we don't have any misunderstanding. Mr. Grassie, through you,
I'd like to talk to Mr. Krause.
Mr. Grassie: H-'s here.
Mr. Plummer: Mr. Yxause, your department is going to make or break
this thing. I'd like you, on the record sir, you've got an indication,
as I stopped over to ;your office yesterday, and in your office you
have a poster which of ccurse has already announced one hundred new
positions. I'm glad to see that. I think the final date of that poster
was July 23 or 22?
Mr. Krause: 2:1.
Mr. Plummer: 22. Anc? thi, is an on -going recruitment?
Mr. Krause: Ye-., .-ir.
Mr. P'u And i:ow many lave ;ou recruited to date?
Mr. Krause: Sorrrthi,,,f over two hundred.
,'sir. ?liu=er: ` c 1 undz ed.
Mr. Y.rause: aupli.cants.
Mr. Plummer: are cpialified?
Mr. Krause: That's right. Not people who have taken test but people
meet all cf t.=,- gi-iliflcations.
Mr. Plummer: the figure of two hundred and the ratio
I was told is exiting, based upon ten to one, you have then recruited
two thousand people. Is that an anprnxi.mate figure? For every ten
people that apply, or,c is accepted. Is that in the general parameters?
Mr. Krause: Nc, of the two hundred that have been recruited so far, some
of them will not pass thetest. Some of them will not pass the...
Mr. Plummer: c_:1 well they're not qualified. To me a qualified person
is a person yoi're roadv to put into the academy.
Mx. Krause- we Dave a lot of applicants who walk in that we can tell
s are not. qualified because zhey are over age, they don't have tb high
school diploma, they don't have the GED, they're under age you know,
one of those kinds of. things. In terms of total applications, it is
probably closer to a one and seven ratio. That of every seven pecp�e
who walk in, probably one gets...
�lr. Plummer: I accept. that. You're saying then roughly fifteen hundred.
Mr. Krause: Out )f the two hundred who now Meet the minimum requirements,
some of those will not be appointed because they won't pass the
zackground investigation, they won't pass the written exam. There will
be something that will wash gut some of those.
Mr. Plummer: How long as this recruitment program been going on?
Mr. Krause: Two or three weeks.
Mr. Plummer: Two or three weeks. Mr. Kraiise, what are you aoino to do
based upon a seven to one ratio? of having a recruitment program
that in effect says that you've got to.. .wait a minute here, that you've
got to recruit eighteen hundred and forty-one people? How are you
going to accomplish this, sir? See, I'm... let me tell you where I'm
coming from, okay? What I'm saying is, that the static that I'm hearing
back of the reason that it was nine months before even thirty-one
police officers went on to the street was because of recruitment. Couldn't
recruit them.
Mr. Krause: That's not correct.
Mr. Plummer: You're indicating for the record, that this recruitment
program that you have on-goinq, you think will be sufficient to
recruit the numbers of what this Commission is requesting.
Mr. Krause::lot this specific recruitment but a series of recruitments
throughout the year. And in order to correct a misunderstanding, let
me say this. That about one year ago, a little over a year ago, we
created an eligible register that had over four hundred people on it.
During the last year, the Department has made one hundred and sixteen
appoinments, one hundred and seventeen, I'm sorry. They have another
sixteen people ready to start a class on July 7th. So one hundred and
thirty-three people will have been appointed from that register.
Approximately...
Mr. Plummer: Well now, also tell me the other figure which is very
important. How many dropped out of school:= Just because you put them
there doesn't mean I have a policemen on the street. How many of those
dropped out of school?
Mr. Krause: Relatively few. I don't have the exact number. The main
problem is that there have been one hundred and twenty people who were
on that register who have dropped out of consideration because it .akes
a long time to hire a police officer. And I think one of the things
that the Chief and I will need to talk about will be ways to expedite
hiring frum the eligible register that we will create probably in
August of this month because the exam will be given on July 29th and 30th.
We need what is expediting the hiring after the recruitment and the
eligible list have been completed.
Pms. Plummer: Okay. That's why I'm bringing you up here right now.
Mr. Krause, I'll accept, next yeas anything but excuses. This Commission
is telling you through the Manager, that we expect nothing less than
eight hundred and fourteen people, sworn officers, on that department
and fifty civilians. Now, that behooves you not six months, eight
months or ten mcnths. Okay. Mr. Mayor, i offer that in the form of a
motion.
Mayor Ferre: What's your motion, Plummer?
Mr. Plummer: My motion is...
Mayor I•'erre: We already have a motion on the floor. We have to vote
on that one first and then I'll take...
Mr. Plummer: Well, it's the same motion I was just qoing to repeat
it for you.
Mayor Ferre: oh, you're going to amend your motion. Tell me what your
amended motion is?
Mr. Plummer: My amended motion is that this Commission provide one
hundred new positions to the Police Department and a second category
of sixty positions to take advantage of the retirements and terminations
for a total number of two sixty-three so at the end of this year, this
department will be at a level of sworn personnel of eight hun(?red and
fourteen and fifty new civilian positions.
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Mr. Carollo: I still second the motion, Mr. Mayor.
Mayor Ferre: Chief, do you agree with that, or are we going wild here?
Chief Harms: NO, I agree with it.
Mayor Ferre: Okay. Further discussion.
Mr. Carollo: Yeah, I just want to add that I still would like...
Mayor Ferre: I'll recognize you for that motion second, okay? Is that
all right with you? we vote on this one and then we go on that one.
All right, go ahead, call the roll.
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION NO. 80-458
A MOTION TO PROVIDE ONE HUNDRED NEW SWORN POSITIONS
IN THE MIAMI FOLICE DEPARTMENT AND ESTABLISHING A
SECOND CATEGORY OF SIXTY ADDITIONAL POSITIONS FOR A
TOTAL OF TWO HUNDRED AND SIXTY-THREE, SO THAT VACANCIES
CREATED R: RETIREMENTS, TERMINATIONS OR ANY OTHER
PROCESS OF ATTRITION WOULD BE COMPENSTATED FOR, AND
Sr THAT AT THE END OF THE YEAR THE CITY WOULD
ATTAIN A GOAL OF EIGHT HUNDRED AND FOURTEEN SWORN
OFFICERS, AND FIFTY NEW CIVILIAN POSITION
Upon being seconded by Commissioner Carollo, the motion was passed
and adopted by the following vote:
AYES: commissioner J. L. Plummer, Jr.
Commissioner Joe Carollo
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor Armando Lacasa
Mayor. Maurice A. Ferre
NOES: Nor.e
Mayor Ferre: All right, Mr. Carollo.
Mr. Carollo: I would still like to see, Mr. Grassie, thank you, sir.
Mr. Plummer: 1 apologize. Mr. Grassie and I were trying to have a
mutual understanding.
Mr. Carollo: That's what I thought but I throght it would take a long
time. (LAUGHTER)
Mr. Plummer: Your name, please?
_f Mayor Ferre: ro ahead, lets go. The food is here and it's seven
o'clock and we're going to break in a few minutes. Go ahead.
Mr. Carollo: Mr. Mayor, in all honesty, the reality of the matter is
and I know the Chief has tried to be as conservative as he can, but even
with these new one hundred additional positions, our Police Department
for the size of a City like Miami is still going to be terribly under -manned.
And I would like to nave this Commission go on record that besides
these one hundred additional new police officers, we would like to see
after these one hundred additional new police officers are hired, the
administration to find the funds for an additional one hundred more
to bring the level of total sworn positions to nine hundred and fourteen.
Now with the ratio the Chief used of three hundred and eighty thousand
citizens, which is low. We're probably around four hundred and fifty 4
thousand, that would only bring us to two point four police officers
per one thousand citizens. And that's still super low, when the
County, again I repeat, as two point five per one thousand and they are
complaining they are terribly under -manned. That is my notion.
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Mayor Ferre: All right, is there a second?
Mr. Lacasa: I second.
Mayor Ferre: All right, now repeat the motion.
Mr. Plummer: It's a motion of intent.
Mayor Ferre: Obviously it's a motion of intent.
Mr. Plummer: It's got to be intent.
Mayor Ferre: ...because this Commission on this budget year, cannot
vote for next years budget. Okay. So it's a motion of intent that
what...
Mr. Carollo: It's a motion of intent but let me make my intention
perfectly clear. That if we hire these one hundred additional new
police officers...
Mayor Ferre: Yes.
Mr. Carollo: ...Before this new budget is over, I certainly hope we
do, that right away we start looking for additional new funds to hire
the one hundred new ones. Not necessarily have to wait for the next
budget.
Mayor Ferre: All right. The intention of the motion is clear. It's
been moved and seconded. Is there further discussion? Call the roll.
The following motion was introduced by Commissioner Carollo, who
moved its adoption:
MOTION 140. 80-459
A MOTION THAT THF. CITY COMMISSION GO ON RECORD THAT,
IN ADDITION TO THE ONE. HUNDRED NEW SWORN POSITIONS
IN THE MIAMI POLICE. DEPARTMENT, AS REFERRED TO IN
MOTION 80-458, THAT THE ADMINISTRATION BE INSTRUCTED
TO FIND ADDITIONAL FUNDS FOR AN ADDITIONAL ONE
HUNDRED SWORN POSITIONS Sn THAT WE MAY EVENTUALLY
ATTAIN A GOAL OF NINE HUNDRED AND FOURTEEN SWORN
POSITIONS WHICH WOULD BRING THIS CITY TO A PATIO OF
TWO POINT FOUR POLICE OFFICERS PER ONE THOUSAND
MEMBERS OF THIS COMMUNITY
Upon being seconded by Commissioner Lacasa, the motion was passed
and adopted by the following vote:
AYES: Commissioner Joe Carollo
Vice -Mayor Armando Lacasa
Commissioner T. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None
ON ROLL CALL:
*Mr. Lacasa: I vote yes and I want to add this: One of the main
reasons why we do need this type of police force is because visibility
of the ... the visibility of the police is another essential element
for the City. .rust that. It's a deterrent for criminals and for
delinquents, and even for vagrants in the downtown area. And sometimes
I walk downtown and unfortunately, we don't see a single policemen on
hand. So based on that and being very well aware of the imposition of
the City budget, I still go for the motion because I feel that it's one
of the main responsibility of the City of Miami.
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Mr. Plummer: Mr. Mayor, I would like to request that at the meeting
of July the loth, that Mr. Krause and Chief Harms come back here and
explain to this Commission how they are going to accomplish the ends
of what this Commission has requested.
Mayor Ferre: Okay. That's fine, and the Manager of course, is included
in that, I would imagine.
Mr. Plummer: I have no problem with that.
Mayor Ferre: Since Mr. Krause and Chief Harms don't work for you, but
for the Manager...
Mr. Plummer: NO, I'm asking that it be on the agenda.
Mayor Ferre: Okay. Now, Mr. Lacasa, if you'll take the Chair, I would
like to move you, air, that this Commission do two further things in
our move to improve our Police Department. One, that all of these
hires, now that we have a new Supreme Court ruling and we can talk
about percentages, that eighty percent of all these people be either
women or members of minorities. And secondly, that we expand the
area of where we can hire these people from to South Florida, defined,
Palm Beach County South. The reason why I want to go to Palm Beach
South is because if we're to get this many policemen this quickly, we're
going to have to expand the area to comply with the minority quota
that we have to get. Now, the reason why we had limited it to the
City of Miami before was because we couldn't go to percentages because
we were worried about the Baake case. Now that the Baake case
has been clarified by recent Supreme Court rulings, we don't have to do
that. So therefore, my motion is double -fold. One, that women and
minorities comprise eighty -percent of all hiring; and two, that we
expand a circle of where we can find these people, for the four counties,
from Palm Beach South. I so move.
Mr. Carollo: Mr. Mayor, I would like to have the opportunity to study
that before we vote upon that.
Mayor Ferre: Well oka; I'll tell you, Mr. Carollo, I have no objections
to altering that. I made a motion on this thing in the same way that you
made a previous motion and I supported you on a matter of principle, Now
I have no ojections and will recognize you if in the future you want to
modify that in any way. But I stand on my motion at this time.
Mr. Lacasa: There is a motion.
Father Gibson: Second.
Mr. Lacasa: There is a second. Under discussion.
Mr. Plummer: Wait, wait. What is the motion?
Mayor Ferre: My motion again simply is that the administration be
instructed on two things. That all hirings be eighty percent:wome"
and minority and of the new hires and that the circle of area that ire can
hire from be expanded to South Florida, defined as the four counties
from Palm Beach to Monroe County.
Mr. Plummer: The Chief's opinion, please.
Chief Harms: Our experience in the last year would support the eighty
percent position. We've been very close to that with the last one
hundred and our positions we filled. And in order to fill at the rate you're
talking about, while there may be some problem as far as the Consent
Decree is concerned, the expansion of the recruitment area would certainly
facilitate our bringing people into the department in a timely manner.
Mr. Lacasa: Thank you, Chief.
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Mr. Grassie: Mr. Mayor ... Mr. Vice -Mayor.
Mr. Lacasa: Yes, Mr. Grassie.
Mr. Grassie: We may have to negotiate this language with the Justice
Department with regard to the Consent Decree so I would suggest that you
make this an advisory motion to us...
Mayor Ferre: Of course.
Mr. Grassie: ...and that we come back to you with a clarification
from the Justice Department.
Mr. Plummer: If legal.
Mr. Grassie: Assuming it's legal.
Mayor Ferre: obviously. Obviously, the intention of this is long term.
This is not something that is binding on the City of now. It is a
motion of intent that has to be verified with the Justice Department
and it has to be legal in nature. I would like to, in justification
of this, to both issues witl, regards to minorities and women, I would
like to recommend to you that half of this community or more is made up
of women. I would also like to recommend to you that between the Cuban
and other Latins and Black population, eighty-five percent of this
community is so called minority. So that when we get an eighty percent
figure that's not far wrong from the facts, and the intention of
this is that the Police Department, when we get through hiring the
several hundred people be reflective, as much as possible, of the make-up
of this community. Now the only way that you can do this properly, as I
perceive it, is for you to expand the circle that you can hire from because
if you limit it, and I got this from a conversation that I had with the
Chief over lunch, and he gave me the figures as to what happens when you
limit, for example, Black hiring just to the City of Mimai and when you
limit Latin hiring just for the city of Miami. You're excluding Wynwood,
I'm sorry, you're excluding Westchester, you're excluding Westchester,
you're excluding Hialeah, where a tremendous amount of the Cuban community
now resides and where we can probably get a group, an element, I'm not
saying that the people in Little Havana, and in Wynwood and in Allapattah
are less. But I'm saying that I think that ... if we had a broader
market we could get more better qualified people in both the Cuban, Latin,
and Black communities.
Mr. Lacasa: Okay, Mrs. Rockafellar, three minutes because we're well
behind schedule.
Mrs. Grace Rockafellar: I'm going to be very brief. I'm Grace
Rockafellar. I live at 814 N.E. 71st Street. I'm President of the
Northeast MIami Improvement Association, the Northeast Tax Payers
Association. We're very happy that you voted in favor of the Police
today. The Mayor said earlier today, a community should get to know
their policemen, be friends with their policemen and know the policemen
r are there to serve them. In the Northeast area we have done that but
we have a couple of problems out here. And the crime rate has gone up
in every area there is. It's continued to go up. The Police -apartment,
the manpower has gone down. Now as long as we had police officers on
the street we had it pretty well clean. A lot of them went to Broward
until Broward started clamping down on them. When the merchants out
there called the police officers to tell them that the streets are
full of prostitutes, soliciting their customers, they are told the
police are called off the streets and are downtown working on prostitution
now. It seems to me a City of this size,we should have enough police
officers to work both the Boulevard and the downtown area. Now one
other thing... two other things I want to bring out very briefly. We
have been working with Chief Judge Cowart, and Judge Nesbitt to try to
get a district court in the Northeast area. Now there is a court
up at 174th Street and I think I mentioned this once before about it was
just not possible for our Police Department to use this court. Both
North Miami and North Miami Beach consented that we could have it at
79th Street. But upon doing the feasibility study of that, Chief Judge
SUN 2 61y��.
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Mrs. Rockafellar (continued): Cowart said it would cost six hundred
and fifty thousand dollars which is almost a financial impossibility. But
we brought up another idea, for him to appoint a Chief Judge, within
the system, to work an area judge, a district judge, to handle all the
cases that cane up in the Northeast area. And he thinks he can do
that by appointing other district judges. But now the problem is
we have no policemen out there to make arrests, to get prosecuted. And
we had one man working the porno places. We have about nine or ten
of them out there that have been operating ever since this Commission
revoked their license and operating without a license and we haven't
had a man out there since December, Mike Berrish. And I want to point
out this to you, maybe you can do something about it, we haven't been able
to do anything about it. Mike Berrish is an army unto himself and he's
still a police officer. He's never had a promotion. But he's been
pulled off of this and hasn't been working there since December because
of the shorage in the Police Department, he's up in the Computer Room.
And we also understand, through Mr. Harder, that the City Commission
hired, an Assistant State Attorney as a special prosecutor. He's a very
capable man. Now we understand Mr. Jose Alvarez has resigned from the
City Attorney's Office. Now Mr. Harder...
Mr. Lacasa: Mrs. Rockafellar, this is completely out of the question
that we are discussing now. We are ten minutes already behind the
schedule of the Zoning Agenda. We have to make a break and I already
see the people...
Mrs. Rockafellar: I just want to make one recommendation. Come from
four judges and him, that Arturo Alvarez be replaced to work along with
Frank Harder. That's all.
Mr. Lacasa: Thank you very much.
Mr. Plummer: For clarification, Chief. Would you tell me, presently
your level or number of civilian employees.
Chief Harms: We currently have two hundred and fourteen.
Mr. Plummer: So then if we accomplish what we hope, it would be two
hundred and sixty-four.
Chief Harms: Correct.
Mayor Ferre: That's not the motion before you now.
Mr. Plummer: NO, no. I'm just asking for clarification. The motion
has already passed.
Mayor Ferre: No it has not, sir.
Mr. Lacasa: No, we haven't voted on that.
} Mayor Ferre: Call the roll.
Mr. Lacasa: Please call the roll.
(CONTINUED ON NEXT PAGE)
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The following motion was introduced by Mayor Ferre, who moved its
adoption:
MOTION NO. 80-460
A MOTION INSTRUCTING THE CITY MANAGER THAT THE NEW
"HIRES" IN THE MIAMI POLICE DEPARTMENT, THAT
EIGHTY PERCENT SHALL BE WOMEN, OR OTHER MINORITIES
FUTHER STIPULATING THAT THE AREA OF RECRUITMENT BE
EXTENDED TO INCLUDE THE AREAS OF SOUTH FLORIDA FROM
PALM BEACH COUNTY SOUTHWARD
Upon being seconded by Commissioner Gibson, the motion was passed
and adopted by the following vote:
AYES: Mayor Maurice A. Ferre
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Armando Lacasa
NOES: None
FOLLOWING ROLL CALL:
Mr. Plummer: Now Chief, would you answer my question.
Chief Harms: I'm sorry. I didn't hear ;you.
Mr. Plummer: If I understand correctly, if what this Commission hopes
to accomplish by the end of the fiscal year 1981, we will have eight
hundred and fourteen sworn police officers on duty and two hundred and
sixty-four civilians.
Chief Harms: That's my understanding of the Commission's intent.
Mr. Plummer: Mr. Grassie, is that the way you understand it?
Mr. Grassie: That's correct.
Mr. Plummer: Okay.
Mayor Ferre: Chief.
Chief Harms: Yeah. There is one point of clarification. The figure I
gave was not accurate. The total that we are lookirn for is two ninety
seven on the civilians. I was in error on that and I would also like
to make one further comment. On behalf of the Department, the City
of Miami, I appreciate the wisdom that the Commission showed this
afternoon. Particularly on this issue that I brought before the Commission,
that you asked me to respond on. But I must hasten to add, that the
people that we're going to hire, particularly the police officers will
not make a noticeable impact on the street if we hired them today, for
at least eiqht to nine months because of the training period 1-sociated
with it.
Dir. Plummer: No, that's not acceptable. That's not acceptable. That's
exaclty what I'm trying to avoid.
Cheif Harms: Commissiner, if we hired them today, we have to put
them through the academy and we have to train them.
Mr. Plummer: Twenty-two weeks of school.
Chief Harms: And when you get them out of school, you cannot put them
out into the field solo. You put them out with another person. So if
we hire them, they go into the academy, twenty-two weeks later,
presumably they graduate.
J
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'79 �J!� 2 6 1980
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Mr. Plummer: Chief, let me tell you what I'm trying to avoid. I don't
want anybody sitting around tomorrow morning have any idea of what the
intent of this Commission is. I want, and that's why I asked you to come
back here in a month, or less than a month. I want that recruitment
program going on now. We understand that the dollars are not going to
be spent until after October lat. But I want that recruitment, which
is where everybody keeps saying is the problem, to go now.
Mayor Ferro: Plummer, make your point so we can move.
Chief Harms: Yes, sir. I understand that and we'll hasten to get those
officers out in the field just as quickly as we can but there is a time
laq.
Mayor Ferro: Thank you very much, Chief.
16. PROVIDE HOUSING SERVICES IN THE CITY OF MIAMI FOR PERIOD
July 1, 1980 Ending June 30, 1981 - Transferring
Appropriate Funds
Mayor Ferre: All right, now Mr. Villaverde, quickly on item twenty-eight.
This is a resolution of the Sixty Year Community Development Grand Fund
for the purposes of providing housing service in the City of Miami,
for the period ... this has been outlined in your memorandum. Are there
any opponents to this? The Manager recommends. Is there any discussion
on it?
Mr. Lacasa: Is this the same recommendation that the City Manager has?
I move.
Mayor Ferre: All right, Lacasa moves. Is there a second?
Mr. Plummer: Second.
Mayor Ferre: Plummer moves. Further discussion on twenty-eight? Call
the roll.
The following resolution was introduced by Commissioner Lacasa,
moved its adoption:
RESOLUTION NO. 80-461
RESOLUTION TRANSFERRING $93,700 OF SIXTH YEAR
COMMUNITY DEVELOPMENT GRANT FUNDS FROM DINNER KEY
ISLAND PARK TO LITTLE HAVANA ACTIVITIES AND
NUTRITION CENTERS OF DADE COUNTY, INC. FOR THE
PURPOSE OF PROVIDING HOUSING SERVICES IN THE CITY OF
MIAMI FOR THE PERIOD COMMENCING JULY 1, 1980, AND
ENDING JUNE 30, 1981; FURTHER AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT WITH SAID
SOCIAL SERVICE AGENCY
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk).
(CONTINUED ON NEXT PAGE)
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Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote:
AYES: Vice-IAyor Armando Lacasa
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
DISCUSSION:
17. CLOSE CERTAIN STREETS FOR FOURTE ANNUAL GOOP'BAY FPSTIVAL
Mayor Ferrc: All right now, Father, you have an item that you want to
brinq out.
Father Gibson: Mr. Mayor, J. I.., in the Consent Agenda there is an
item I want to..
Mr. Plummer: what number.
Father Gibson: The one on the Goombay Festival day.
Mayor Ferre: What item?
Fattier Gibson: Forty-one.
Mayor Ferre: All right, take up item forty-one out of the Consent
Agenda. Father Gibson.
Father Gibson: I don't want to deal with... I'm prepared to vote. I just
want to rake sure the Commission would brincr the members of the
Committee to the mike.
Mayor Ferre: All right, would the members of the Committee of the
Goombay Festival step forward.
Father Gibson: Come to that mike and I want a commitment right here.
And don't let the Chief go because I want the Chief to make a
commitment. too, Mr. Grassie.
Mayor Ferre: Chief Harms. All right, go ahead.
Father Slibson; Let me: raise a question.
Mr. Plummer: Wait, wiat...
Father Gibson: I hope that members of the Goombay Festival realize
and understanc the great responsibility they have. And I hope they are
going to be diligent and if you have any doubts, I hope you'll cancel
that Goombay Festival. I've put that on the record so that there
can be a response on the part of the Goombay Festival Committee, if you
expect me to vote.
Mayor Ferre: All right, Chief., Cosgrove, will you step forward for
the Police Department. Father Gibson wanted a reaction from the
Police Department, if yo,.i would please.
Mr. Plum.ner: No.
�uN Zs 1gM)
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Mayor Ferro: Do you want to react.
Father Gibson: I want them to react. They are the citizens responsible. ff
Mayor Ferret All right, Mr. Stirrupp.
Mr. William J. Stirrupp: Mayor Ferre, members of the Commission, my
name is William J. Stirrupp. I am the Chairman of the Mimai-Bahama
Goombay Festival in Coconut Grove. We are here this evening to answer
any questions that you slay have in regards to our request for the change
of the Goombay from June 6, 7, to August the 9th and loth. We had a
voting of the board, fourteen out of fifteen selected this date because
we felt it's a good that no one can answer that in two months. We feel
that the disturbance would have quieted down sufficiently to have this
Goombay Festival. And that is our request, sir.
Father Gibson: Mr. Mayor, I want to make sure that we get from the
two people present a commitment that that committee is going to be
diligent. That's right.
Mayor Ferro: On the record, go ahead.
Mr. Stirrupp: What was your question, Father?
Father Gibson: That you all, that the entire committee will be diligent
because you have the reputation of the City at stake.
Mr. Stirrupp: Father, not only the City but my reputation and the rest
of the members of the board of directors.
Mayor Ferret So I assume the answer is yes.
Mr. Stirrupp: Yes. We realize and as I said, life is a chance and of
course, no one knows it be peaceful or not.
Mayor Ferret All right is there anything else to cane up...
Father Gibson: One other, let me with the Chief. Chief, you and I
talked. J. L. Plummer can tell you something that ought to cause you
not to be able to sleep tonight. I want you to hear it and I want them
to hear it in your presence. J. L., you know, there are some things
going on in the Grove, that if you don't address them as I told you,
pronto, I will question something about the fesitval and I wil.L question
something about what white America will be saying and doing.
Mr. Plummer: Father, that discussion has already taken place.
Father Gibson: All right, just so you know. Listen, okay. So that
when we come back here, if I have to take the cover off it. Mr. Grassie,
you'll be able to say Gibson was alluding to that. Okay? And I hope
:Mr. Stirrupp you won't forget and Miss Rolle, you won't forget. So that
1 all of us have a job before us if the Goombay Festival is going to
be effective and successful. And whether you do it for that or not, I
want that situation cleaned up and I'm going to give you ten days.
Mr. Stirrupp: I'd like to say this. That prior to the selection of that
date, that I conferred with the Police Department and they said that
they felt that this date was possible.
Father Gibson: All right, that's all.
Mr. Lacasa: Are you going to move, Father that the item...
Father Gibson: I leave it in the Consent... listen, I could have taken it
out. I'm not going to take it out. You have certified to this
Commission your intention. That's all I wanted. It can stay in the
Consent Agenda and we'll go.
lit C) If"RI
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Mr. Plummer: What he's saying is, that we'll take the Consent up in
one total swoop as we do. That there's no reason now to pull it out.
18. CONSENT AGEIIDA
Unless a member of the City Commission wishes to remove specific
items from this portion of the agenda, items 41 through 50 constitute
the Consent Agenda. These resolutions are self-explanatory and are not
expected to require additional review or discussion. Each item will
be recorded as individually numbered resolutions, adopted unanimously
by the following vote:
"...that the Consent Agenda, comprised of Items 41-50 be adopted.
Mayor Ferre: Before the vote on adopting items included in the
Consent Agenda is taken, is there anyone present who is an objector or
proponent that wishes to speak on any item in the Consent Agenda?
Hearing none, the vote on the adoption of the Consent Agenda will now
be taken.
The following resolutions were introduced by Commissioner Gibson,
seconded by Commissioner Lacasa and passed and adopted by the following
vote:
AYES: Commissioner Joe Carollo
Commissioner (Rev.) Theodore F. Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Armando Lacasa
Mavor Maurice A. Ferre
NOES: None
18.1 CLOSE CERTAIN STREETS IN CONNECTION WITH THE FOURTH ANt^'AL
GOOMBAY FESTIVAL,
RESOLUTION NC:. 80-462
A RESOLUTION AMENDING, SECTION 1 OF RESOLUTION
NO. 80-382, WHICH CLOSED CERTAIN STREETS IN
COCONUT GROVE TO THROUGH TRAFFIC ON JUNE 7 AND
8, 1980, BETWEEN 9 A.M. AND 9:00 P.M., IN
CONNECTION WITH THE FOURTH ANNUAL GOOPtBAY
FESTIVAL, TO PROVIDE FOR SAID FESTIVAL TO BE
HELD ON AUGUST 9 AND 10, 1980
18.2 ACCEPT BID - FRISA CORPORATION IN CONNECTION WITH BUENA
VISTA C.D. PAVING PROJECT-PHASF, IV, ETC.
RESOLUTION NO. 80-463
A RESOLUTION ACCEPTING THE BID OF FRISA CORPORATIO14 IN
THE PROPOSED AMOUNT OF $358,176.67, TOTAL BID OF
THI' PROPOSAL, PLUS ADDITTVE ITEMS 1 AND 2, FOR BUENA
VISTA C.D. PAVING PROJECT - PHASE IV. ALLOCATING THE
AMOUNT OF $358,176.67 r'ROM THE"STH AND 617H iEAR
FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS"
AM•
(CONTINUED ON NEXT PAGE)
JUN261980
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TO COVER THE CONTRACT COSTi ALLOCATING FROM SAID
FUND THE AMOUNT OF $39,400.00 TO COVER THE COST
OF PROJECT EXPENSES ALLOCATING FROM SAID FUND THE
AMOUNT OF $7,163.33 TO COVER THE COST OF SUCH
ITEMS AS ADVERTISING, TESTING LABORATORIES, AND
POSTAGE; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH SAID FIRM
18.3 ACCEPT BID OF SUPERTURF, INC.-FOR 8,400 SQUARE FEET OF
ARTIFICIAL TURF -DEPARTMENT OF STADIUMS AND MARINAS
RESOLUTION NO. 80-464
A RESOLUTION ACCEPTING THE BID OF SUPERTURF, INC. FOR
FURNISHING AND INSTALLING 8,400 SQUARE FEET OF
ARTIFICIAL TURF FOR THE DEPARTMENT OF STADIUMS AND
MARINASi AT A TOTAL COST OF $43,800.00; ALLOCATING FUNDS
FROM THE ORANGE BOWL STADIUM ENTERPRISE FUND;
AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT
TO ISSUE THE PURCHASE ORDER FOR THIS MATERIAL
16.4 ACCEPT BID OF BREMER INTERNATIONAL CORPORATION -REMOVAL OF
ABANDONED VEHICLES -DEPARTMENT OF SOLID WASTE
RESOLUTION N0. 80-465
A RESOLUTION ACCEPTING THE BID OF BREMER INTERNATIONAL
CORPORATION FOR FURNISHING REMOVAL OF ABANDONED
VEHICLES FOR THE DEPARTMENT OF SOLID WASTE ON A
CONTRACT BASIS FOR ONE YEAR WITH THE OPTION TO EXTEND
FOR ONE ADDITIONAL YEARi WITH PAYMENT TO THE CITY
FOR EACH VEHICLE REMDVEDi AT A TOTAL ANNUAL REVENUE
TO THE CITY OF APPROXIMATELY $49,692.00; AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR THIS
SERVICE
18.5 ACCEPT BID OF STEELCAR, INC. FOR REPAINTING OFFICE EQUIPMENT
FOR VARIOUS CITY DEPARTMENTS, ETC.
RESOLUTION NO. 80-466
A RESOLUTION ACCEPTING THE BID OF STEELCAR, INC. FOR
REPAINTING OFFICE EQUIPMENT AND FURNITURE ON A CONTRACT
BASIS FOR VARIOUS CITY DEPARTMENTS AT A TOTAL ESTIMATED
COST OF $14,976.001 ALLOCATING FUNDS FROM THE 1979-80
OPERATING BUDGET; AUTHORIZING THE CITY MANAGER AND THE
PURCHASING AGENT TO ISSUE THE PURCHASE ORDERS FOR THIS
SERVICE
16.6 ACCEPT BID OF ALLIED ELECTRIC SUPPLY CO.-16 CONSTANT
VOLTAGE REGULATION ISOLATION TRANSFORMERS -DEPARTMENT OF
FIRE, ETC.
RESOLUTION NO. 80-467
A RESOLUTION ACCEPTING THE BID OF ALLIED ELECTRIC
SUPPLY COMPANY FOR FURNISHING 16 CONSTANT VOLTAGE
TRANSFORMERS FOR THE DEPARTMENT OF FIRE; AT A TOTAL
COST OF $6,076.80; ALLOCATING FUNDS FROM THE
FIRE FIGHTING, FIRE PREVENTION AND RESCUE FACILITIES
BOND FUND; AUTHORIZING THE CITY MANAGER AND THE
PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR
THIS EQUIPMENT
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18.7 ESTABLISH SEPTEMBER 11, 1980, AS DATE FOR PUBLIC
HEARING IN CONNECTION WITH ISSUANCE OF DEVELOPMENT
ORDER-NASHER PLAZA, ETC.
RESOLUTION NO. 80-468
A RESOLUTION ESTABLISHING SEPTEMBER 11, 1980 AS THE
DATE FOR A PUBLIC HEARING CONCERNING ISSUANCE OF A
DEVELOPMENT ORDER FOR NASHF.R PLAZA, A DEVELOPMENT OF
REGIONAL IMPACT, LOCATED ON BRICKFLL AVENUE BETWEEN
S.E. 8TH STREETS, CONTINGENT ON THE. RFCEIPT OF
WRITTEN NOTICE FROM THE SOUTH FLORIDA REGIONAL
PLANNING COUNCIL
18.8 DIRECT CITY CLERK TO PUBLISH A NOTICE 01' PUBLIC HEARING
IN CONNECTION WITH ACCEPTANCE OF THE COCONUT GROVE
BUSINESS DISTRICT DECORATIVE PF.DESTRTAN-SCALE
STREET LIGHTING PROJECT, ETC.
RESOLUTION NO. 80-469
A RESOLUTION DIRECTINn THE CITY CLERK TO PUBLISH A
NOTICE OF PUBLIC HEARING FOR OBJECTIONS TO THE
ACCEPTANCE OF THE COMPLETED INSTALLATION OF COCONUT
GROVE BUSINESS AREA DECORATIVE PEDESTRIAN -SCALE
STREET LIGHTING PROJECT IN COCONUT GROVE BUSINESS
AREA DECORATIVE PEDESTRIAN -SCALE STREET LIGHTIN,
PROJECT AREA B-6177
18.9 DIRECT CITY CLERK TO PUBLISH NOTICE CF PUBLIC HEARING IN
CONNECTION WITH THE ACCEPTA".CE COMPLETED WOPY, OF
SOUTH BAY SANITARY SEWFR IMPROVE"TENT DISTRICT SR-5454-C
RESOLUTION NO. 80-470
A RESOLUTION DIRECTING THE CITY CLERK TO PUBLISH A NOTICE
OF PUBLIC HF.ARING FOR OBJECTIONS TO THE ACCEPTANCE BY
CITY COrtMISSION OF THE COMPLETED CONSTRUCTION OF SOUTH
BAY SANITARY SEWER IMPROVEMENT IN SOUTH BAY SANITARY
SEWER IMPROVEMENT DISTRICT SP-5454-C (CENTERLINE•. SEWER)
FOLLOWING ROLL CALL:
Mr. Plummer: Just for the record, a clarification, I think of the people
that are sitting here. It is the intent of the Chair when we reassemble
in one half hour, that we are going to finish this agenda, or go immediately
into the Zoning agenda?
Mayor Ferre: ITr. Gibson, Carollo, and Lacasa, here's what the Chair
intends to do when we reconvene in half an hour. I will take up,
on the ordinary agenda, that's the afternoon agenda, any items the
people are here on. Okay? 1 will also take up any special items
that any member of the Commission wants to take up. Okay? Ai:._i
after we have done that, we will go to the Zoning agenda and then we will
have to return to the regular agenda for those items that either people
are not here on or members of this Commission do not want to take out
of order. Okay? We'll be back in half an hour. That's ten minutes to
ei<Fht.
WHEREUPON THE CITY COMITISSION TOOK A
BRIEF RECESS AT 7:20 P.M. AND RECONVENED
AT 8:00 P.M. WITH ALL MEMBERS OF THE
COWIISSION FOUND TO BE PRESENT.
85
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19. CLOSE CERTAIN STREETS: MAIN STREET OF THE AMERICAS FESTIVAL
Mayor Ferro: We have not gotten through... nothing is going to happen.
You don't need those lights on for a while. When something
exciting is going to happen, I'll let you know. Ladies and gentlemen,
we have not finished with the day agenda. We're way, way, way behind.
So in the interest of trying to get people out of here, I'm going
to take things out of turn so that those of you that are here will not
have to wait too long. So you'll have to bear with me and be patient.
And I apologize for the inconvenience. Now, those of you that are
here on agenda items on your packet, that have been waiting all afternoon,
would you raise your hands. Raise your hands so I can see who you are.
I have a feeling that the one that takes the least time is going to
be item thirty-eight. That's the closing certain streets on Sunday,
for Main Street of the Americas. There is a memorandum before you on
item thirty-eight. Is there anybody here who wishes to discuss that?
If not, is there a motion?
Mr. Plummer: Who is the proponent of this? What streets are you closing?
UNIDENTIFIED SPEAKER: Flagler Street between the Courthouse and Biscayne
Boulevard.
Mr. Plummer: And what hours?
Mayor Ferre: Sunday.
Mr. Plummer: what hours?
UNIDENTIFIED SPEAKER: Twelve to nine.
Mayor Ferre: Flagler to Biscayne...
Mr. Plummer: From the Courthouse to Biscayne.
Mayor Ferre: From the Courthouse to Biscayne. This is like we do for
the Irish Parade. For St. Patricks. Pat, are you still around.
Mr. Plummer: I'll move it if you want, or is that...
Mayor Ferre: Plummer moves.
Mr. Plummer: I'll move it.
Mayor Ferre: Gibson seconds. Okay. That the request to close down
Flagler Street on Sunday, August the 3rd for Main Street of the Americas
Downtown Summer Festival be accomplished. Is there further dlsr-asion
on item thirty eight? Call the roll please.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
(CONTINUED ON NEXT PAGE)
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RESOLUTION NO. 80-471
A RESOLUTION CIASING CERTAIN STREETS TO THROUGH
TRAFFIC ON SUNDAY, AUGUST 3, 1980, BETWEEN 12:00
P.M. AND 9:00 P.M. IN CONNECTION WITH THF:
DOWNTOWN SUMMER FESTIVAL "MAIN STREET OF THE
AMERICAS", SPONSORED BY THE DOWNTOWN MIAMI
BUSINCSS ASSOCIATION, SUBJECT TO ISSUANCE OF
PERMITS BY THE POLICE AND FIRE DEPARTMENTS
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Mayor Maurice A. Fe!:re
NOES: None
ABSENT: Commissioner Joe Carollo
Vice -Mayor Armando Lacasa
20. MISCELLA*'FOUS DISCUSSIOM ITEMS: Fill from tlorty Freedman
Mr. Odio to Report to ?+r. Plummer -Spirit of Miami Contract
Mr. Plummer: Mr. Mayor, can I handle a pocket item while we're waiting.
Mayor Ferre: Sure, sure. Go ahead.
Mr. Plummer: Mr. Grassie, at the last Commission meeting I asked you
about paying the bill of Mr. Morty Freedman. You were supposed to
report back to me within five days there after and be scheduled,
rescheduled for this Commission meeting for the instruction of this
Commission. I am in receipt of a letter of June 23 from Mr. Freedman
that said none of this, of course, has been complied with. May I ask
you to comment on it, please.
Mr. Grassie: Commissioner Plummer, I don't believe that we talked about
a five day turn around period in that regard. I have talked about this
specific case with Mr. Odio who knew about it. He was here --slier
to report on it but is not here now. I thought that he had spoken to
you directly about that.
Mr. Plummer: No, sir.
Mr. rra�!;ie: Well we can certainly ask him to do that and also do it in
writing, if you wi::h.
Mr. Plummer: Well, what I would, you know, the man has an outstanding
bill and maybe you're quibbling about price or something of that, but would
you communicate with him and please schedule this for the next meeting.
And also, Mr. Grassie, for the fourth request I'm asking that somehwerE
on an agenda the Spirit of Miami contract be brought on a Commission
agenda. I've asked now for three different Commission meetings.
JUN 2 F owl
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Mayor Ferret Okay. We have a full Commission now so would you put it
on the agenda for next time, please.
21. EXECUTE CONTRACT: Design Services for LATIN RIVERFRONT PARK
Mayor Ferret All right, we're now back to you Mr. Kern on item twenty-four.
Mr. Karl Kern: I'm Karl Kern, the Director of the City of Miami Parks
Department. The item we have to discuss is the Latin Riverfront Park
and that's approximately ten acres of land which had been assembled
along the Miami River, Southwest Fourth Avenue and Southwest Fourth
Street. Prior to my coming here, this had gone on for many years,
seven or eight years, it took the City to assemble the parcels and every-
thing. The Parks Department had prepared a Master Plan and taken it
to communities for review. This plan was not found to be acceptable and
there was quite a bit of consertnation that the City should not be
designing plans for major parks, and instead, a design competition should
be held. We thought this was very valid. We did organize a design
competition and invited, we sent out announcements to over six hundred
architects and engineers, and advertised in all the newspapers and we
had a very good response from the design community. To judge the
entrees, they were all anonimous. They came with numbers and no
names of any firms. They wereteld by the City Clerk under lock and key
until the day of judging. They were all set up on a numbered system and
judged by a very distinguished panel of five persons, Hilario Candela,
a famous architect of Miami, Philipe Prestamo, Jesus Permuy.
There were the three citizen judges, all Latin. And we had two
members from the City, Vince Grimm, Assistant City Manager and engineer,
and myself a landscape architect from the Parks Department. In judging
the winning entrees, we selected one that turned out to be the firm
of Wallace McKarg, and they are here tonight to answer any questions. I
might add, that in this elective process it was very much unanimous that
they had the superior design.
Mayor Ferre: All right, questions. Questions?
Mr. Plummer: Yeah. What are you asking us to do here tonight, now?
Mr. -Kern: Okay. Tonight, what we're asking is that the phasing for....
the funding for Phase I be released, which we have ear marked Community
Development, Parks for People Funds, this is available funding that has
been programed.
Mayor Ferret Not only has it been programmed, we have been waiu,ig for
this for four years.
Mr. Kern: Exactly.
Mr. Plummer: NO, Mr. Mayor, you're almost right.
Mayor Ferret Five years.
Mr. Plummer: About eight. And of course, you know, back then I tried
to warn certain people who didn't want to listen, when it was expounded
when this whole thing, acquisition could be done for five hundred thousand
dollars. Here we are. This portion that we're looking at tonight is
a million...
Mr. Kern: One point two million.
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Mr. Plummer: No, I'm looking at one million five hundred and eighty
five thousand. Do you and I have different agendas?
Mr. Kern: No, sir. Originally, that's what was available. Some of that
money was expended in purchase of the land and this sort of thing.
Mr. Plummer: May I have an updated agenda?
Mr. Grassie: What you have, Commissioner is an updated agenda. What
Mr. Kern is showing you is that part of the sum that you would be
releasing has been used for purchase of land. That is all.
Mr. Plummer: Well, Mr. Grassie...
Mayor Ferre: In other words, J. L., excuse me, so I can understand.
In other words, what you're saying is of the million five hundred and
eighty-five thousand eighty fifty two available, we've already expended
three hundred and some four hundred thousand dollars.
Mr. Kern: Exactly, for land purchases.
Mayor Ferre: And that is going to come before the Commission as I recall
because we appruved all the purchases of all these properties.
Mr. Plummer: Well at this point, it has not been approved by the
Commission, is that correct?
Mr. Kern: Well we have about one point two million of construction
monies left.
Mr. Grassie: No, no, no.
Mr. Plummer: I'm concerned about the three hundred thousand that's not
here.
Mr. Grassie: NO, each land purchased, of course, had to be approved
by the City Commission.
Mr. Plummer: That's where this money went to?
Mr. Grassie: Yes.
Mr. Plummer: Okay. Now, Mr. Kern, this Phase I, what's the total
project cost? I'm assuming that that is the total plan.
Mayor Ferre: The total is four million five.
Mr. Plummer: What is it? Where is the total amount, if the Mayor
is correct, of four million five, where is the rest of the money coming
from? How long is this project to proposed to take, five years, ten
years, the normal hundred and six years? No, I think we ought to know
more about it.
Mr. Kern: Right now, we only have this one point two millioi, collars
in the hand, so to speak. We think it's very important that we break
ground and put as many facilities that we can for this amount. I think
it will take many, many years to build the park in its entirety because
there are very many expensive elements such as reconstruction of the
river banks and some very big ticket engineering items. We are seeking
additional grants and I think it will take many, many years. It's a
major City park.
Mayor Ferre: I disagree with that. I don't think it will take many, many
years. And I don't mean to be disrespectful to the rest of the community,
but there are no major parks in Little Havana and I think that if we can
atfora to spend four and one half million dollars for Bicenntenial Park,
and if we can afford to spend the kind of money that we spend in other
parks, we can spend four and one half million dollars in this park. And
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Mayor Ferro (continued): if we're starting with one point two million
dollars, I guarantee you we're going to find the money, and I guarantee
you it's going to happen a lot quicker than a lot of people think.
Mr. Plummer: What do we get for Phase I?
Mr. Kern: Well, that's part of the contract that we want to enter
into. The design I show here was the winning entry. We have to take
that, redefine it, put..be more specific as far as materials on the
buildings, this sort of thing. Put more specific price tags and then
sit down with community leaders and decide which facilities will
actually be constructed.
Mayor Ferro: Will you be coning back to this Commission for approval
of the final design.
Mr. Kern: Right. It will be more detailed.
Mayor Forre: Let me ask you, this, rema i,er, this is Little Havana
Park. Okay? It's in the middle of Little Havana. Remember that we're
going to call this Jose Marti Park. Okay? I think it's very
important that in the deliberations that you keep in mind where the park
is, what it's to be called and who it's supposed to service.
Mr. Lacasa: I only have one question.
Mr. Plummer: No, I'd like to continue. I haven't go all of my answers.
I want to know what are we getting for the one million two in Phase I.
I haven't heard the answer.
Mr. Kern: Well, I think the best way I could answer that would be our
primary emphasis would be to emphasize active recreation areas, such as
the playground areas and the ... some of the more traditional sport type
things we have programmed, involving tennis courts and this sort of thing.
There are absolutely no recreation facilities...
Mr. Plummer:, Well but Mr. Mayor, that terminology is not acceptable
to me. I don't see how it could be to the rest of the Commission. We're
asked to vote on one million two and yet we don't know what we're getting
for it.
Mayor Ferre: Plummer, the man has already said three times that I've
heard, that what they're going to go is sharpen a pencil, come back with
a design to the Commission for approval. Now...
Mr. Plummer: Before any money is spent?
Mayor Ferro: Obviously before any money is expended.
Mr. Kern: We will use some for the design fee.
r• Mr. Plummer: Well design money is ninety-two. We know what we're getting
for that.
Mayor Ferro: He's got to go and design the thing. This is a rough
sketch that he won the award on. Didn't even have his name on it, it
had a number on it. Now he's got to go back and say, all right, this is
what this is going to look like. Here's Phase I, here's Phase I1, here's
Phase III, here's how much the swimming pool cost, here's what the baseball
diamond cost. And then this Commission is going to have to make these
decisions. You know. I for one, want a baseball diamond, and tennis
courts, and a swimming pool before I want any buildings. I don't want
to spend any money on buildings. Not if we only have one million two.
Mr. Plummer: You see, this is exactly what I'm saying, Mr. Mayor. If
this thing before me today was for the approval of dollars for the
design, I've got no problem with that. But here we are authorizing,
this doesn't subject of Commission.
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Mayor Ferre: I have no problem, Plummer, if you want to break it down
and say that we approve the expenditure of ninety-two thousand dollars
for the ...
Mr. Plummer: Show me what you're going to do and I'm all in favor.
Mayor Ferre: ...design phase, come back to the Commission and we'll
approve the rest of it then. Okay?
Mr. Plummer: Fine.
Mayor Ferre: Now. Do you have any questions?
Mr. Lacasa: No. I think that the question that I had has already
been answered....
Mayor Ferre: Do you have any questions?
Mr. Lacasa: ...fly only problem is that I want to know exactly on what
I am voting, and that I won't know until I have the specific design
before me. That's all.
Mr. Carollo: My feelings are really what Plummer and Lacasa stated. I'd
like to know what I'm voting upon and this has been cleared. But I'd like
to add one more thing. That I certainly hope that by the time a nice
park like this is built, where we're going to spend millions of dollars
in, that this City is going to have sufficient police manpower in the
streets to make sure that they protect that bark. That instead of
having little children playing there, we're not going to have a bunch
of winos, a bunch of dope addicts, and a bunch of rapists that we have
in Bicenntenial Park running around that park. (APPLAUSE). That
area is called Viet Nam now and I don't think I have to tell you why.
The name speaks for itself.
Mayor Ferre: All right, Father. All right, who moves this motion as
amended?
Mr. Plummer: As amended then, what we're approving is...
Mayor Ferre: Ninety-two thousand dollars for the design phase. Plummer
moves. Is there a second?
Mr. Plummer: No, that's not true.
Mayor Ferre: Okay, make the motion.
Mr. Plummer: No, I'm saying, you know, we keep getting all kinds of figures
this thing here now has turned into a bingo game. What is the ninety-five
thousand?
Mayor Ferre: Mr. Kern, you better clarify this.
Mr. Plummer: I have an entirely different set of figures here now.
Mr. Kern: Okay, We are specifically requesting ninety-two t" sand
dollars for the design phase of this project.
Mayor Ferre: Why don't you make it specific. Isn't it ninety...
Mr. Kern: ...be released from that one point two million available.
Mr. Knox: If you'll Pay attention to item 24 (b) as in Bingo...
Mr. Plummer: No, "B" stands for something else but I'm too much of a
gentleman to tell you what it is.
Mr. Knox: ...at the end of'section, it points out that this is for the
design and construction consultation of Phase I using previously
allocated Fourth Year CD funds and that amount is in ninety-two thousand
dollars.
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Mr. Plummer: Excuse me, Mr. Knox, there's no dollars. There's no
figures.
Mr. Knox: ...and we can add the specific figure of ninety-two thousand
which represents that.
Mr.Plu mner; I would hope so.
Mayor Ferret All right, Mr. Plummer moves.
Mr. Plummer: May I have the exact figures.
Mr. Kern: Yes. Ninety-two thousand dollars.
Mr. Plummer: Even money.
Mr. Kern: Even money.
Mr. Plummer: All right, sir. Yes, I move the contract for Wallace,
Roberts and Todd in the amount of ninety-two thousand dollars.
Mayor Ferret Is there a second?
Mr. Lacasa: Second.
Mayor Ferret Further discussion? Call the roll on twenty-four
as amended.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 60-472
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
THE ATTACHED AGREEMENT WITH WALLACE, ROBERTS AND
TODD TO PROVIDE PROFESSIONAL SERVICES FOR THE DESIGN
AND CONSTRUCTION CONSULTATION OF PHASE I OF LATIN
RIVERFRONT PARK, USING PREVIOUSLY ALLOCATED FOURTH
YEAR COMMUNITY DEVELOPMENT FUNDS FOR SAID AGREEMENT
(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 (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None
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22. r)rF%P.RAL OF COt1SIDRRATIO*1 OF "F14' SOI In PLAN
Mayor Ferre: All right, now, Mr. Patterson go ahead, make your
presentation. We're on item "F". The next one is "C" and then we'll
get into the Zoning Agenda. Go ahead, Mr. Patterson.
Mr. Clarence Patterson: Mr. Mayor, members of the Commission I think you
have in your agenda kit, this report which 1 submitted to the Manager
for your consideration today. The report that you have before you is
presented today for the following reason. One is, this Commission
of course, has been concerned for some tine about the enviornmentai
quality and aesthetic values of this community and have on several
occassions, directed that we look into the possibility of new techriolooy
and new methodologies in terms of collecting our solid waste. And that's
what we have done and that's what is contained in the rep)zt that you
have before you today. One, we feel that the rolxort will substantially
enhance the enviornmental quality of our community as well as the
aesthetic value of our city, which we can all he proud of. Two, we
also feel that what is proposed in the report will help us keep abreast
of the ever increasing cost that is involved in providing this essential
service to otir community. The proposed change will also reduce the
overall collection cost in providing this service and also reduce the
future rate of ir.crease that we have encountered in both collection and disposal
of solid waste in the City of Miami. Three, we also feel that it will
provide us with the necessary resources to offset the disposal cost which
we pass on to Metropolitan Dade County, which has doubled in the last two
years. For instance, we will be passing on to Metropolitan Dade County
some four point three million dollars for disposal cost alone. This
program, of course, will help to offset some of that cost. The remaining
revenues, of course, would go to help us offset some of the cost that is
involved in the modernization plan which we have proposed to you in the
report, which will get. away from the old Charles Atlas ttTe of refuse
collection and get into a more automated system which will certainly make
the job much easier for those that are involved in providing this essential
service to our community. So, we submit this report to you today Mr. Mayor,
and members of the .Commission for your consideration and adoption, if you
see fit to, in principle and at some later :fate, perhaps in September,
we would need to come back to you with an ordinance to adopt the plan
and support the changes that this plan offers.
Mayor Ferre: All right, questions?
Mr. Carollo: Yes, sir, I certainly have quite a few, if I may.
. Mayor Ferre: All right, let me put a time limit now of five minutes
for each Commissioner. That should make it twenty-five minute- and
maybe a wrap-up. That will give us a half hour.
Mr. Plummer: Can I have a Maurice Ferre five minutes?
Mavor Ferre-: I grant to you my five minutes. You have ten.
Mr. Plummer: That'o-c the normal Maurice Ferre five minutes.
Mr. Carollo: These containers are going to be made out of plastic,
correct?
Mr. Patterson: That is correct.
Mr. Carollo: Secondly, the containers, what is the estimate that you
feel the containers will run?
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Mr. Patterson: Per container, it is estimated that it will cost
approximately fifty dollars per Container.
Mr. Carollo: Approximately fifty dollars per container.
Mr. Patterson: That's correct.
Mr. Carollo: You are aware, that a twenty gallon container can be bought
out on the streets, aluminum, that would last you forever, for about
five dollars.
Mr. Patterson: No, sir, I'm not aware of that. There is an aluminum
container in the solid waste business that will last forever.
Mr. Carollo: Well, aluminum, you know, unless you throw it in the street,
or have a car run over it, it will last you just about forever. At least
ten, fifteen, twenty years. Now, my concern is this, that you know, I'm
proud that we live in America where people have a choice to make up their
mind on what they want to do. I love the American way, but when I see
that we're proposing to force the citizens of Miami, to stick it in their
throat, that you have to buy our container, from the City, an eighty-two
gallon container, I mean a twenty to thirty gallon, which are average
sizes, they are pretty big, but an eighty two gallon, I mean, Mr. Patterson,
that's huge, that is big. It would take me about two or three weeks to fill
that up. It really would, air. It leaves a very bitter taste in my
stomach to force the citizens of Miami to have to buy a container from
the City of Miami. And on top of that, they are paying for the container,
but we still own the container. But if the container is lost, they are
responsible to pay for the container.
Mr. Patterson: I think in our report, Commissioner, we make reference
to the fact that on the initial purchase of the container, that the
individual citizen would participate in the initial purchase, approximately
one half of the container, in the report which you have before you.
Mr. Carollo: Can you repeat that again, Mr. Patterson, please.
Mr. Patterson: In the report which we have submitted to you, I think
you'll find that we mention that the citizen would invest in the container
to the extent of one half of the initial purchase cost.
Mr. Carollo: An initial twenty-five dollars. Well, what I understood
and let me get that page that states that...
Mr. Patterson: It's on page five.
Mr. Carollo: Page five. It says, each resident will be required to make
an initial payment of twenty-five dollars to be applied towards the
purchase of the container. That can mean that later on they are going
to pay twenty-five dollar. It says initial payment. It doesn't
say just one lump sum payment. It's not clear there.
Mr. Patterson: We are addressing the initial purchase of the'conrziners
here, in this report, Commissioner. Not for replacement of container
at some, you know, future date. You also address the size of the container
which in the report we talk about combining both garbage and trash
collection. That's why the container is of the size that you are
talking about. If you put both your garbage and your trash in that
container, then of course, it is adequate to handle that and you won't
have, of course, trash piles out in front of your home.
Mr. Carollo: Most garbage, Mr. Patterson, that I see out on the street
that is not in containers is the type of garbage that most of the time
would not fit even in an eighty-two gallon container. I again, I repeat
myself, I don't think it's right to punish the citizens of Miami which
are over taxed as it is, and each year we provide less and less service
to them, and force them to have to pay for an eighty-two gallon container
94 .
Mr. Carollo (continued): that they are not even going to own. And on
top of that, we're going to raise the price of garbage collection. I
cannot go along with that whatsoever, sir. Plus, I'll be very frank
with you, I don't want anybody out there in the public saying that, why
is the City Commission all of a sudden so interested in forcing us to
buy this container from them. And those are my reasons, sir and I'm
sorry. You know, I like to see Miami clean but I for one, as one member
of this Commission feel that whether you have a twenty or thirty gallon
container like the average size that we have now,or an eighty-two gallon
container, if you have people that are going to be throwing out garbage
in the middle of the street or trash because it's too big to put in a
container, they are going to do it regardless of what. And I don't think
is going to help that much. Especially, I don't think the cost is just
worth the cost, plus we cannot start by forcing people to buy something
and shove it down their throats. That is not correct, sir. In fact,
I even have a question mark in my mind about the constitutionality of
it. I really do.
Mayor Ferre: All right. Mr. Plummer.
Mr. Grassie: I wonder if you would permit me, Mr. Plummer, of just by
way of clarification. The report states, but it may not be as clear
as it should be, that the twenty-five dollars that comes from the
citizen is a deposit. The report says that the container remains the
property of the City. Now, when that citizen moves he gets his twenty-five
dollars back.
Mr. Carollo: Mr. Grassie, you know, I wish that when we play ball,
you know, we know what the rules are. This is not what the report
stated whatsoever. I met with Mr. Patterson yesterday. He didn't explain
that to me. The way he explained it to me was that the citizen would be
paying the money. mow, if that is the case now...
Mr. Grassie: He does, Commissioner. He does. The citizen does pay
the money. If he keeps the container for five years, of course...
Mr. Carollo: There was never any mention to me that this would be a
deposit. But if that is the case, that this would be a deposit...
Mavor Ferre: Would you point out...
Mr. Carollo: ...where are we going to get the money to pay for all the
rest of these containers.
Mayor Ferre: Would you point out, please, where in the report it says
what you just said. Is it in the report is the question.
Mr. Plummer: It's a deposit. I don't remember...
T Mr. Grassie: I just made the point, Mr. Mayor, that it may not be as
clear as it should be. What the report says is that the container
remains with the City and it really should go on to clarify that and to
say, therefore, the twenty-five dollars is a deposit. And w imply
did not make that clarification.
Mayor Ferre: All right, Mr. Plummer. Five minutes.
Mr. Plummer: Five plus five.
Mayor Ferre: Okay.
Mr. Plummer: I'm glad to see Grace Rockefellar in the audience because
it was Grace Rockafellar who fought this damnation thing before, and I
hope that she has the opportunity to do it again. I'd like to take the
opportunity to thank Mr. Patterson for spending, time with me on this
particular issue and allowing me to get some of the things off of my
mind. I have disagreement with my good friend Mr. Patterson. I don't
95
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Mr. Plummer (continued): care what it is in his mind, but in my mind,
this in fact is curb side pickup. He makes his points and they are
well taken, but I think Mrs. Rockafellar and I will very well remember
that curb side pickup in this community was the voice of the people, Mr.
Patterson you were not here or the high priced help from Grand Rapids
was not here, Mr. Carollo was not here, and Mr. Lacasa, yes, this smart
aleck was here. I address the fact that it is being, in my estimation,
avoided and not directly addressed because two factors make it, in my
estimation, a curb side pickup. One, if you have a fence, and I think
that realistically, forty percent of the people in this community, this
City do have fences around their yards, it is then without question a
curbside pickup. You've got to put it out there in the morning. If you
don't brink it back in a night they'll write you a violation notice and
you'll pay a fine. Second of all, well, Mr. Patterson, you say this
and it's not included here, but we found in the County that that's what
they had to go to or you have the streets lined with eighty-two gallon
containers. Second of all, in my particular house, I went out and measured
the distance. This also states, a very hidden portion of the agenda, that
your garbage can must rest within twenty-five feet of the property line,
and in my particular case, that's in the middle of the driveway or forty
seven feet. So in effect, you know, I do feel that it is a curb side
pickup. The second big fallacy, in my estimation, not contained or
addressed in the report is that of cases of qualified invalids. As I
said to you before, such as my mother. There is no way that my mother,
who by the way has a fence, can get with a wheel chair, an eighty-two
gallon container to the sidewalk. There is just no way you are going
to do it. Mr. Grassie suggests that we motorize it, and I didn't know
whether he meant the chair or the garbage can. I think, you know, these
things are things that are not being said. I am, let me speak positively,
I think that this is a fine method of collection. I am opposed to that
aspect that I feel is the curbside aspect. I have no problem of qoing
to the eighty-two gallon container for both trash and garbage. I have
no problem with that. The man does to have to lift but I do feel that
when it is taken out to the truck, that it is the responsibility of this
City to bring it back where it belongs. Okay? So I'm just putting
my two cents on the record. I am opposed to a curbside pickup. And I
feel the way this is drafted it is a hidden curb side pickup.
Mr. Lacasa: I think it is obvious that we do have a lot of concerns
about the plan. There is also a concern about the impact on the employees
of the Sanitation Department and therefore, I would request that this item
be deferred until we have more information which includes a plan about
the employees of the Sanitation Department which might be affected, which
I understand will be somewhere in excess of one hundred employess.
Mayor Ferre: There is a motion for deferral. Is there a second?
Mr. Carollo: I think that two Commissioners have made their feelings
heard loud and clear but it's always been the policy of this Commission
that if one Commissioner wants a deferral it should be given, at least
for the first time. So I'll go along with a deferral. I second it.
Mayor Ferre: Further discussion.
Mr. Plummer: Mr. Mayor, I would hope that that motion does include,
because Mr. Patterson, I'm sure is concerned about the upcoming budget,
that this matter be scheduled for at least no later than the 24th of
July for further discussion.
Mayor Ferre: Absolutely. Further discussion? Call the roll.
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The following motion was introduced by Commissioner Lacasa, who
moved its adoption:
MOTION NO. 80-473
A MOTION OF THE CITY COMMISSION DEFERRING CONSIDERATION
OF A NEW SOLID WASTE PLAN TO OBTAIN ADDITIONAL
INFORMATION AND TO DETERMINE THE IMPACT OF THE NEWLY
PROPOSED PLAN ON THE PRESENT EMPLOYEES OF THE SOLID
WASTE DEPARTMENT
Upon being seconded by Commissioner Carollo, the motion was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Joe Carollo
Vice -Mayor Armando Lacasa
Commissioner (Ray.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None
FOLLOWING ROLL CALL:
Mr. Carollo: Mr. Patterson, I'd just like to thank you, sir. I know
this took a lot of time to put together and even though we're not in
agreement, we still appreciate the effort you've made with this.
23. DISCUSSION OV CITY OF MIX I FIRING PRACTICES:
(a) Phvsical Examination to he Required of all City Emplolrees
Mayor Ferre: All right Mr. Carollo, you're recognized on item "G".
Mr. Carollo: Thank you, Mr. Mayor.
Mayor Ferre: How long do you think this will take now?
Mr. Carollo: I don't think, well. there is two parts that I would like
to bring up in the hiring practices.
Mayor Ferre: Well what's the total time that you think?
Mr. Carollo: Lets say...
Mayor Ferre: Half an hour do the whole job?
Mr. Carollo: It should do the job, half an hour.
Mr. I,iu:d31: I would also, after Commissioner Carollo's finishes,
I w,)tdd ,ih;t) ►hrinci up a related matter to what he is going to bring ur
that a:hould take about ten minutes.
Mayer Ferre: All right.
Mr. Carollo: Is Mr. Krause here? Mr. Krause, can you come up here, sir,
please? Mr. Krause, I was informed by reading the papers just recently
that you made a statement to the fact that when you realized that the
background investigations that were required of new directors and
assistant directors, Resolution Number 78-110, that was adopted by the
Commission at that time, that you stated in the papers that you were
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Mr. Carollo (continued): reminded of that resolution in our past
Commission meeting on June the 6th and that's why you initiated the
investigations of nineteen City employees that were not investigated,
as was the requirement of this resolution. Now were those statements
correct, sir? That's when you first realized that?
Mr. Krause: That was my best recollection at the time, yes.
Mr. Carollo: Mr. Krause, let me say this. That I'm just... feel like
I've been really let down because it seems to me, you know, when a
member of this Commission reall can't really know whom he can trust in
this administration. And I've been lied to already by quite a few members
of this administration. But sir, you know, I've always had high
regard for you and I've really been let down now. That meeting was on
Friday June 6th when you claimed that because of what I brought out at
that meeting you reminded us. I called Chief Harms, Wednesday before
that meeting on Friday and I spoke to him because I wanted information
on this resolution because I wanted to find out, and I made it clear
to him, if everyone had had their investigation, their background
investigation made and what was theFrocedure that he did to do
that. What procedure the Police Department followed. Chief Harms
verified to me this morning, that he called you on that date and he
made you aware, sir, that I had called him and that I was concerned
to know if all the investigations had been made on all the new
directors and assistant directors. So sir, you were not first reminded
of this, as you stated, on the Commission meeting of June the 6th. You
were reminded of this two days before that. Plus, I followed this
up with a memo dated June the loth requesting that all the names of all
the new directors and assistant directors that have come to work for
this City, or that have been promoted, since this resolution was passed
be given to me. And I still have only partially been given part of that
information. Not everything that I require. So Mr. Krause, all that
I can say is that I really feel like I've been let down by yourself
to sir. It's, one thing to have loyalty to the City Manager but sir,
your main loyalty lies to the citizens of Miami not Mr. Grassie first.
Mr. Grassie, Resolution Number 78...
Mr. Grassie: Just by way of information, Commissioner, on the point
that you just finished making, we have distributed, and I presume
that you have received two memorandums from Mr. Krause on this subject.
I presume that all the rest of the City Commission has received them
also.
Mr. Carollo: Yes, air. I received them. But my memorandum that was
addressed to you, sir, that Mr. Krause received a copy of, requested
that besides the information that was given to me already, that I
be given the date that each of those individuals started working for
the City. And I still have never received that information.
Mr. Grassie: A memorandum with all of that information has been
distributed to you as it has to all of the other members of the City
Commission, Commissioner. I have a copy of it here if you'd like.
Mr. Carollo: Sir, if it was
,an only speak to what I have
Mr. Grassie, that was adopted
of Frank Madiera. And you do
Do you remember Frank Madiera
Mr. Grassie: Of course.
handed out I have never received, that.
received. Resolution Number 78=1Iv,
February the 9th, 1978 after the case
remember Frank Madiera, don't you sir?
Mr. Grassie?
Mr. Carollo: Thank you, sir. The resolution states as follows:
"A resolution declaring the police of the City Commission
that no person be employed as a director, assistant director
to a city administrative department unless or until a complete
background investigation of such person has been conducted
by the City Manager".
Let 98 �.. ►, �� o lyh,.;
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Mr. Carollo (continued): Mr. Grassie, why if the City Commission
instructed you, sir, almost two years ago to investigate each and every
member that was a director or assistant director before being hired
or promoted, before being hired or promoted, did you not follow the
wish and request of the Commission. There's no excuse for that, Mr. Grassie.
I'd just like to hear, you know, why this wasn't done.
Mr. Grassie: Mr. Krause has already explained that to you, Commissioner
but I'm sure that we can do it again. Now if...
Mr. Grassie: Excuse me, sir. That's not Mr. Krause's responsibility
sir. The responsibility lies in the City Manager. You were supposed to
have made sure that Mr. Krause made the background investigation before
these individuals were hired or promoted to the position they hold, sir.
This resolution is very, very clear. So, with all respect to Mr. Krause,
the responsibility, sir, did not lie with Mr. Krause it lies with you.
And I want to know, sir, why you went ahead and hired and promoted
twenty people without making sure that the background investigation
was made.
Mr. Grassie: If I can contir,ue without being interrupted, Commissioner.
Mr. Carollo: You can now, sir.
Mr. Grassie: Thank you.
Mr. Carollo: Mr. Krause has already made clear to you that it was his
intention to do so. His department has that responsibility. It is
obvious that any activity in any City department which falls within
the scope of the City Manager ultimately is my responsibility. So to
the extent that any department neglects or forgets to accomplish
one of the City purposes, eventually that gets to be my responsibility
That is so obvious it hardly needs to be said. Now, what Mr. Krause
has also said, very clearly, is that in the case of this resolution
his department neglected to carry it out in some cases. Now it is
simple as that, Commissioner. They have said that they have neglected
to do it. Now that is an error, if you wish, or an omission which they
have admitted and past that, there is not very much that can be said.
They've already said that they made a mistake.
Mr. Carollo: Well it's been an error in twenty occassions because
all these individuals, sir, were not hired or promoted at the same time.
Now Mr. Krause, if I may ask you, sir, did fir. Grassie ever call
you before he hired or promoted any of these individuals to request of
you that a background investigation be made of them, as the resolution
stated.
Mr. Krause: Mr. Grassie and I discussed the procedure back in early
1978, after Commission action. And I my best recollection that we both
understood that the investigation could be completed either before or
shortly after the employee was hired. If the employee was hired...
Mr. Carollo: Before or shortly after. Even though you all were aware
that the resolution stated that it must be done before.
Mr. Grassie: Commissioner, please let him finish without interrupting
him. It would be courteous. Please. Please.
Mr. Carollo: Mr. Grassie...
Mr. Grasf;ie: It would be very nice.
Mr. Carollo: ...Mr. Grassie, sir, you know, you all would have ample
time to ycwu know, answer me, sir. I'm just trying to get some facts
verified, vir. So please don't twist things around. I know that's your
style, sir, but please, I appreciate it. Mr. Krause.
99 JU1� e, T�UJ
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Mr. Krause: I'm not sure where I stopped in mid -sentence. But it was
something to the effect that we had discussed our understanding of the
resolution which was that investigations could be done either prior
to or shortly after the employment of someone in the executive service
of the City and that an emploee who took a job without the background
being completed would be running a risk if something turned up in his
background. It seems to be, perhaps the most significant thing is the
fact that the City Manager in making appointments to the executive
service has been hiring very good citizens because we found nothing but
good facts about them.
Mr. Carollo: Well I wouldn't say that in all cases. Mr. Frank Madiera
was not what I would call an outstanding citizen.
Mr. Krause: That wasn't part of our investigation. That was a separate...
Mr. Carollo: Well the point that I'm trying to make sire, is that, and
I don't think the blame lies on you, sir. Because if the City Manager
hires someone already it's not your fault. It's his responsibility.
His decision to make. But the point that I'm trying to make is
that out of these twenty people, there have been some that have been
employed by the City of Miami for over a year and this resolution was
ignored, just thrown in the garbage can until I reminded you, sir, through
the Chief of Police when I had to call him to find out and get that
information, and then through my memorandum about this. And that's no
excuse whatsoever.
Mr. Krause: I agree with you.
Mr. Carollo: I would certainly hope that from now on, this resolution,
sir, is abided by and if you have some objections to it then you should
bring it up to the Commission to either change it or tt.row it out all
together. But until then sir, it should be followed, I think.
Mr. Grassie: We have Commissioner, just to repeat, we have conducted
all of the investigations and there is no objection to doing that.
Mr. Carollo: The other question that I have for you, Mr. Grassie,
is besides Frank Madiera that was hired by the City of Miami, that was
an alias and whose background was false, is there, has there been anyone
else in the past or present that the City has hired that has also had
an alias? To your knowledge, sir?
Mr. Krause: No.
Mr. Carollo: Someone in the style of Frank Madiera?
Mr. Grassie: No. Obviously, we didn't know it about Mr. Madiera until
too late.
Mr. Carollo: Sir, according to these statements that were attributed
to you in the newspapers during that time, you stated that you were aware
of Mr. Madiera. That that was not his real name, that he was in the
Federal Government's Protective Program for witnesses for the government,
and when you first sent the memorandum letting the Commission at that
time, know about Mr. Madiera, you lied to the Commission back then sir.
Because what you stated to the Commission back then about the background
of Mr. Madiera was not what you were aware of when you hired him. At
least you admitted to what was attributed to your statements in the
newspapers clips of those dates, that you knew that Mr. Madiera's
background had been fabricated by the government. Now what concerns
me even more sir, and that's why I ask these questions is that I have
in my possession a four page letter that Mr. Madiera wrote January the
8th, 1978 that's on file, and that's where I got it from, the Pension
office. It was put there because it related to money that he had borrowed
from the Credit Union. And Mr. Grassie, frankly, this leaves more
doubt in my mind. I'll read the part that bothers me. The letter
ai,parently was written to Don Moss, the Assistant Director of Sanitation
then, who was promoted to Mr. Madiera's position after he was fired.
` , V
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Mr. Carollo (continued): It said, "Don, Heather and Bod have left
their car at the South Dade Police Complex near Perrine. They have
sent you the keys to your home. This has become necessary, because
as you are no doubt aware, our cover has been blown. Bob's name is
also a cover which only Grassie knew about." And that bothers me
sir. Because according to this here apparently you knew about a little
bit more about Mr. Madiera's background than you have admitted now or
in the past.
Mayor Ferre: where's that letter from?
Mr. Carollo: This letter was written by Mr. Madiera. That's what
I was told by the Pension Office. His handwritinq matches the
handwriting that we have in file on the other...
Mayor Ferre: This is on file?
Mr. Carollo: Yes, sir in the Pension office. Can you make sure that
Mr. Grassie has a copy please.
Mr. Grassie: I presume, Commissioner, that the point that you're making,
although it's relatively old news, is that at the time that Mr. Madiera
was hired, that 1 was aware that he was under protec�.ion by the U.S.
Justice Department and since I have told that to the City Commission
on many occassions as well as most of the news media, it's not exactly
what I would consider a new revelation. But that was basically the
extent of the information that we had. And we in fact did not know,
anybody in the City that I am aware of, did not know what his previous
name had been basically because of this protection program.
Mr. Carollo: Mr. qrassie, if I may ask, who was the Bob that Mr. Madiera
was referring to in that letter that only he claimed you knew about
that was also a cover.
Mr. Grassie: I have no idea.
Mr. Carollo: All right, Mr. Grassie. I guess Mr. Madiera must be
lying again like he did before. But I guess that we all remember
that Mr. Madiera was a mobster that was hired by the City of Miami
that according to the poor recorda that we have, stole at least
a quarter of a million dollars or more while he was a mobster. Then
came to the City of Miami and stole approximately nine thousand
five hundred dollars worth of scrap metal from the City. The other
question that I have for you sir is, that, and I'm reading from an
application of employment from the City of Miami, it says, "All
applicants must pass a City medical examination given by our physican
prior to employment. Any disease, defect, or disability may he
disqualifying. If you have a specific medical problem, please catl our
office for more information." I'm aware, sir, of at least three or four
people, in fact, the whole bunch that you brought with you from Grand
Rapids, that do not have any physicians examination on file in the
Personnel Department. Which, you know, kind of tells me that. if it's
not on file there it seems that probably they never had a phys-:.ans
examination. And if that is the case, sir, r want this Commission to
go on record requesting that they have a physical examination as
quickly as possible. Because this is one of the rules that we have in
the City of Miami. Mother one that's been thrown in the garbage can
and ignored.
Mr. Grassie; Two points, Commissioner. One, the rule that you're
talking about applies to classified jobs which does not include any
of the ones that you're talking about so that it is not a rule for
these positions. But the second part of the answer that you need to know
about is that your statement is simply not true. It is not the case that
all of these people who came from Grand Rapids, as you put it, did not
have physical examinations.
J U 1.i 61NvJ
ist 101
Mr. Carollo: Sir, what I'm stating is that they are not on file in the
Personnel Department like everyone else has them. And if they are not
there, it certainly gives the impression that probably they did not have
one. 1'bis is what I'm saying sir. And if what you're telling me is
that all the other employees of the City of Miami are peons and they
must have a physical examinations, and only the high paid employees,
such as yourself, do not require one, sir, then I think this Commission
should definetly go on record and change that.
Mr. Grassie: Two things, Commissioner. The rule that you're talking
about is established not by the administration, but was established many
years ago by the Civil Service Board. The second thing that you need to
understand is that the Civil Service Board which is the predecessor
of the records that you are talking about in the Human Resources
Department, did not keep records because the City was organized in such
a way that the Civil service Board, in those days, did not keep records
on any of the positions that you are talking about. All of those
records, when I came to the City, were maintained in the Manager's Office.
So it is not very strange that the records do not exist because they
simply were not kept before I came here. Now, since then, since we have
established an organized Personnel function with Mr. Krause, we do have
personnel records on administrative employees as well as all others. But
in the days that you are talking about, the City simply did not do that.
Mr. Carollo: Sir, these people all started when you cam aboard so they
started under your administration not in the prior to that.
Mr. Grassie: That's what I'm trying to explain to you, Commissioner.
The personnel function which Mr. Krause heads up, was first established
in the City in approximately mid 1977 which is subsequent to the time
most of these individuals that you are talking about came with the City.
Mr. Carollo: Mr. Grassie, let me say this. That I'm just surprised
that employees that started at the same time that your chosen few from
Grand Rapids started have their doctors examination in the Personnel
Department while your chosen few do not. My next question is this,
do these people have a doctors examination or not, sir, since you state
now that there might be some files in your office.
Mr. Grassie: Again, to repeat, Commissioner, I just told you that your
statement was incorrect and the reason I can tell you that is because
I can turn around and ask Dick Fosmoen, who is one of the persons
who came from Michigan, whether he had a physical examination, and the
answer is yes. So I know by doing that, right now that your information
is not correct.
Mr. Carollo: Then we, can we make this information then, sir, available
or put it in the place where it can be available, like the Personnel
Department, where it should be so that anyone in this City that would
like to go and see it, or pay to have a copy made be able to do so like
= is required under the Freedom of Information Act.
Mr. Krause: I probably should comment that we have a legal opir+in
on medical records from the City Attorney which indicates if medical
records are kept in the Personnel Office, they are a matter of
public record under the Florida Public Records Act, that if they are
kept somewhere else, such as in the City clinic, they are not a public
record. And one of the things we have been attempting to decide over
the last seviral months is a proper balance between an individuals
right to privacy with respect to his medical condition and the public
right to know under the Public Records Act. And I have not been able
to resolve that balance. And I think I need to talk to Mr. Knox about
it in greater detail.
ist
102
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4
Mr. Carollo: fly other question, sir, is related to Mr. Gunderson. You
were instructed to come back to this Commissic- and to tell this
Commission what you were able to find out fro.n the University of
Illinois regarding his degrees.
Mr. Grassie: I have distributed to the City Commission, this morning,
and I trust that you all have it, a memorandum which is as specific
as I can be on that score. Not only do I talk about the times when
we have contacted the Universities but also I indicate the persons
with whom I have spoken so that that is subject to verification, of course.
The Lottom line is that the University of Illinois up until today, this
morning, has not provided me with a transcript of the records of Mr.
Gunderson. I do have from the Unversity of Washington which indicates
his attendance. I have had three conversations with officials from
the University of Illinois with regard to Mr. Gunderson's record, and
the conclusion is, although this is verbal and not in writing, that
the conclusion is that while he had only an excess of six and one half
years of attendance at the University in, most of it in the School of
law but also in other schools in the undergraduate college, that he had
not received a degree from the University.
Mr. Carollo: What other school was that that he attended besides law?
Mr. Grassie: My recollection is that his first year was in the school
of physical ed, well I don't have to remember, part of your package is
a copy of the letter that we sent to the University. The next three
and one half years were in the School Liberal Arts and Law, the next
year was in the School of Law, and the last year plus one summer was
in the School cf Law.
Mr. Carollo: Sir, in ether words, what they have told you verbally
is that Mr. Gunderson does not have the degrees that he alleged to have
had when he received employment from the City of Miami.
Mr. Grassie: The verbal information I have is that he does not have the
one degree that he said he had. That is correct.
Mr. Carollo: Sir, if I may ask, and I know I'm just only a Commissioner
in this City to you, just someone that comes here once every two weeks
and is supposed to rubber stamp things for you, if I may ask, it won't
hurt your feelings, apparently that's all that a Commissioner can do
in this City, just ask questions and not get them answered half the time
or laugh in their face, once you received a confirmation, this verbal
information that you received in writing, what your intentions are, sir
in regards to Mr. Gunderson and his employment with the Citv of Miami.
Mr. Grassie: I will review the record, I will discuss it with Mr. Gunderson
personally, and I will advise the Commission, in writing, of my intentions.
. Mr. Carollo: Will you advise the Commission, in writing, of your intentions
:as soon as you receive confirmation of this in writing from the University
of Illinois? And I'm sorry that I have to ask this, but if I recall,
in the case of Mr. Madiera, after you were first informed thv• ..e was
stealing from the City, it took you seven months to fire him, sir.
Mr. Grassie: Again, you are uninformed, Commissioner. But that's
a loriy discussion. The process that I will follow will attempt to be
fairto Mr. (;und#-rson as well as to the City. And I will take the time that
I it -el is appropriate to do that.
Mr. Carollo: I should certainly hope, sir, it won't take four months
so lie can reach fourth year retirement and the City would have to pay
additional money for a retirement that I understand he has planned. My
other question, sir is that I believe you made a statement that
unclassified employees do not require a doctors examination.
Mr. Grassie: That's what Mr. Krause has indicated. I assume that's
the case.
J u w 2 (0 ;�80
103
ist
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Mr. Carollo:
How about my secretaries, Mr. Grassie, are they
unclassified?
Mr. Grassie:
Let me get an answer to my question, please.
Mr. Krause:
There's no legal requirement, that's correct.
Mr. Grassie:
There is no requirement at the present time.
Mr. Carallo:
Are my secretaries considered classified or unclassified?
Mr. Plummer
Excuse me, I'm sorry, what was the question. I'm sorry,
I missed something.
Mr. Carollo:
The question was, do unclassified employees for the city,
are they required to have a doctors examination before employement
and the answer is no. Now, my other...
Mr. Plummer:
The answer is no?
Mr. Grassie:
Lets see. what Mr. Krause said is that there is no legal
requirement.
what is the practice of the City?
Mr. Krause:
The normal practice of the City is to attempt to assure
that unclassified employees take a physical exmination.
Mr. Carollo:
My other question, sir, are my secretaries considered
classified or unclassified?
Mr. Krause:
Unclassified.
Mr. Carollo:
Unclassified?
Mr. Krause%
Yes.
Mr. Carollo: Then if they are unclassified, why are you all forcing them,
and you forced both of my assistants to have a physicians examination
then, and you're not forcing the high up paid help that was have from
Grand Rapids?
Mr. Grassie: Commissioner, you have to understand that the hires
that you are asking about occurred before Mr. Krause was with the City,
so...
Mr. Carollo: Mr. Grassie, can you let Mr. Krause answer that, please
and then you can speak, sir.
Mr. Carollo: Commissioner, I hope I don't have to remind you that your
questions are directed to me, and if I choose to have Mr. Krause
answer them, I will ask him to do so.
Mr. Carollo: well sir, you're the City Manager, you are king of the City,
air, and like I said, we Commissioners that have been elected by the
• citizens of Miami are nothing to you, so go ahead, sir.
Mr. Grassie: What I'm trying to do is be as clear as possiblie you
do understand that you can't hold him responsible for something that
happened before he came to the City.
Mayor Ferro: All right, a half an hour is now up so I will allow you
one last question and I would want for you to answer succinctly,
Mr. Grassie, please.
Mr. Carollo: Did Mr. Gunderson have a doctors examination when he was
hired by the City of Miami or not?
Mr. Grassie: To the best of my knowledge, yes.
Mr. Carollo: Can this Commission be provided then with that confirmation?
104
E
it
Mr. Grassie: I'm sorry?
Mr. Carollo: Can this Commission be provided with a confirmation of
that as soon as possible?
Mr. Grassie: I'm assuming, Commissioner, that the record exists in
the doctors office. If it does exist, and assuming that the City
Attorney tells me that it's not a violation of his privacy rights, we'll
be happy to provide it to you.
Mr. Carollo: Those are all the questions I have. I would just like
for this Commission to make up its mind which way do we want to go. Are
we going to require that every employee wheth_r classified or
unclassified have a physicians from now on or not? And that is my
motion. That this Commission...
Mayor Ferre: The motion is that the City of Miami Commission go on record
that every employee of the City...
Mr. Carollo: Requirinq every employee.
Mayor Ferre: ...classified or unclassified be required to take a medical
examination. Is there a second to that motion?
Mr. Plummer: Is that a motion?
ma --or Ferro: Yes.
Mr. Plummer: Well now, Mr. Mayor, then I have to ask another question.
Mayor Ferre: First of all, lets see if there is...
Mr. Plummer: Excuse me, I'll second it for discussion.
Mayor Ferre: Okay, now ask your question.
Mr. Plummer: The case of unclassified employees, and the thing that
upsets me so much here is they are covered under pension.
Mr. Carollo: That's right.
Mr. Plummer: Now, I'm not going to use, you know, any particular cas?,
but if a man is hired at age fifty-two, and it was not known to the
City that the man had a terminal disease, and we cover him under pension,
and he dies during his term, Mr. rrassie, I believe it's what
fifty thousand he gets? Plus his pension or is that just on the Police
Department on the fifty thousand.
Mr. Grassie: I'm not aware that there is any such provision in the
pension system.
Mr. Plummer: There is a liability. No, no, I had written here, Mr. Grassie,
about the physicals. Now you know, if you want to make it not known to
them, you've got to make it known to the Pension Office.
(INAUDIBLE COMMENT OFF THE. PUBLIC RECORD)
Mr. Plummer: Well oven a half a years salary, in Mr. Gunderson's
particular case is...
Mayor Ferre: Mr. Plummer, it is now five after nine. We're two hours
behind. We made all theso people wait for two hours. Would you pleas(,
wind up your questions?
Mr. Plummer: Well I will if I can get answers.
Mayor Ferre: All right, can we get quirk answers a,►d quick questions
105
ist
Mr. Grassie: To the best of my knowledge, Commissioner, there is no
such provision such as the one you have mentioned.
Mayor Ferre: Further questions.
Mr. Plummer: On the motion.
Mayor Ferre: On the motion. All right, I only have one question of you
Mr. Krause. Did you change the systole or did the Manager change it when
you got here?
Mr. Krause: We changed...
Mayor Ferre: In otbar Words, before there was a requirement for medical
examinations for everybody ApA you changed it, is that it?
Mr. Krause: No, sir.
Mayor Ferre: You didn't change it. I see,
s4r. Krauset We changed it to administer medical exams to practically
all of the unclagsified employees that were hired.
Mr. Grassie: The change that we made was to make it more inclusive of
examinations, not less so.
Mayor Ferre: Further questions? Call the roll.
The following motion was introduced by Commissioner Carollo, who
moved its adoption:
MOTION NO. 80-474
A !MOTION EXPRESSING THE POLICY OF THE CITY COMMISSION
THAT EVERY EMPLOYEE OF THE CITY OF MIAMI, CLASSIFIED
OR UNCLASSIFIED, BE REQUIRED TO SUBMIT TO A PHYSICAL
EXAMINATION PRIOR TO EMPLOYMENT BY THE CITY
Upon being seconded by Commissioner Plummer, 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
ist
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24. DISCUSSION OF LnTTEZ CIRCUL-V--F.D DY A CITY EMPLOY=
Mayor Ferre: All right. Now Mr. Lacasa, quickly on your thing so
that these people can be heard or their zoning items.
Mr. Lacasa: This is another matter. Mr. Grassie...
Mayor Ferre: Mr. Lacasa, let me ask you this. Could this possibly
wait until after the zoning hearings or do you want to do that now?
Mr. Lacasa: Well actually, it will only take mayhe five minutes. But
I wish to raise this...
Mayor Ferre: I will give you ter, minutes.
Mr. Lacasa: ...to raise this question now because I think it's very
important. It's obvious ani it has been obvious from the last hearings
of this City Commission that we are having a certain degree of
confrontation between members of the staff and members of the Commission.
Arid this obviously is not in the best interest of the City of Miami. So,
what I am going to bring to the attention here of the Commission and the
Manager, concerns a specific, at the very least, violation of essential
courtesy of the staff of the City towards the Commission. There is a
letter that has been circulated by a member of the staff of the City of
Miami that is inclusive of statements such as, "the very accusations
of Commissioner Carollo, the Police and Firemen, the sniping of the current
pension administrator, collectively his adversaries are like chihuahua
puppies sniping at the Great Dane. A few jerks, that because of a
popular ethnic background for the moment, or similar non -qualifying
criteria have advantages and held positions of importance", and so on.
I am not going to tire you with the rest. And on stationary of the City
of Miami, this has been circulated here and the endorsement of the members
of the staff has been requested. And I feel that this is, at the very
least, very destructive because what I would like to see is a line of
communication betweer, the Commission and the staff. Because after all,
we are all here to serve the public and hardly can do that if we have to
spend all of this time with this type of situation, and on top of that,
the lack of communication and the bad vibration between the Commission
and staff are aggravated by situations such as this. So I'm going to
request, Mr. Manager, that you please take: notice of this and take
action.
Mr. Plummer: Mr...
Malloy Ferre: Are you concluded with that statement?
Mr. Lacasa: Yes, sir.
Mr. Plummer: Mr. Lacasa, if I may, Mr. Mayor. I believe, if I'm r.ot
mistaken, either provided within the Charter or the Civil Service
rules there is a provision, Mr. Knox, about an employee being disrespectful
tci superior,, or Commissioners. Am I correct? Does that appear where?
M,iyur Pcize: you going tc, go after this woman too now? What is this
now? A witch hunt? 1,. this Salem? Do you want her lashed, or do
you want her dunked in water tomorrow? Ten minutes in solitary. Bread
and water for a week. What is this? I mean, look, excuse me, I don't
mean to be disrespectful to members of the Commission but,is Mr.
Gunderson here now? Look lets, it's in the public, I mean, it's in
the press so lets talk about it. This man has leukemia. All right?
He's had leukemia now for four years. The doctors have said that the
average survival of a leukemia patient is four years. Now you draw
your own conclusions about that. The man is dying. He will not live
107 •,;`{
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Mayor Ferre (continued): long. He has leukemia for four years. Now
for God's sake, out of some human pity, can't you go beat on the
Manager on some other issue at this point? And can't you leave this
poor woman who obviously is emotional about this whole thing, as I would
be if I were a secretary or an associate of somebody who you're working
with for years, and you know doesn't have long to live. Now can we
leave her alone and go on. Go pick on somebody else.
Mr. Carollo: Mr. Mayor, let me just say one word. I appreciate your humane
statements, Mr. Mayor. Since these attacks were apparently were meant
in great part towards me., Mr. Mayor, I'm a big boy. I can take being
called names and what have you. That's right, Mr.. Mayor. Because
if fighting for honesty and integrity is going to be the cause of
people attacking, that's right Mr. Mayor, let them attack me. At
least I can go home and sleep every night.
Mr. Lacasa: I want to...
Mr. Carollo: I'd just like to add one more thing, Mr. Mayor. I too
am humane just like every member of this Commission, and I'm sure
everyone out there, and if it is so that Mr. Gunderson is as sick as he
claims to be, my God, that's terrible. None of would want to see
that or go through that. The truth of the matter, Mr. Mayor, is that
we have proved in this Commission that we have been lied to so much
that we don't know where to start taking the truth from the lies, sir.
And all that I'm saying, Mr. Mayor, is that we are as humane as you
are, sir. But my problem is this, that I don't want to get a picture
of pity like you've painted, Mr. Mayor, all of a sudden and ignore
facts within the Finance Department...
Mayor Ferre: I can't believe this.
Mr. Carollo: ...This, as you are well aware of, sir, is going to go
farther than we have. I have great reservations as far as the job that
Mr. Gunderson has been doing as Finance Director, and I want to make
sure that our budget is accounted for, to every penny and there
hasn't been any mistakes in the City, or City money lost because of
mistakes that Mr. Gunderson has made in the past. So sir, I too am humane,
but I also have a responsibility to protect the money that the tax payers
of this City worked darn hard for, Mr. Mayor. Something maybe that
you're not aware of.
Mr. Plummer: Mr. Mayor, I would like to put on the record, it was
my under...
Mayor Ferre: I can't believe this, I really can't believe it.
Mr. Plummer: ...It was my understanding, Mr. Mayor, and Mr. Lacasa,
and you will note, in my comments prior did not directly relate to
Mr. Gunderson. But it was my understanding that those matters that
Mr. Lacasa brought up were not directed towards him.
Mr. Lacasa: I appreciate that. Because actually, I was referring to a
member of his staff and not to Mr. Gunderson, and I was referiti—, �o
a situation whihc is contributing to aggravate the situation that we are
already witnessing here. And I submit to you that unless we come to an
understanding, this is a very small Commission, only five members, and
unless we come to an understanding, we are seeing that it is going to
be increasingly difficult to function. And I believe that we owe that to
the citizens of Miami, to clear all these matters and establish
better lines of communications and work with, due respect here to
everybody.
Mayor Ferre: Is there anything else on this issue?
Mr. Plummer: Upon your guarantee, Mr. Mayor, that we will be returning
to it at the conclusion of the Zoning Board hearing.
Mayor Ferre: Mr. Plummer, I will stay here all night, as I've done on
many occassions until three and four in the morning.
Ll
25. FIRST RrADING ORDINP14CE:
Biscayne Boulevard North
SPECIAL OVERLAY ZONING DISTRICT
Mayor Ferre: We proceed now to the Planning and Zoning Agenda of
7:00 P.M. An hour ... two hours and fifteen minutes late. Take up item
number one. An ordinance first reading, Planning Department application.
Boulevard North Special overlay District. The Planning Board recommended
it seven to zero. There are no objections. An ordinance on first
reading. Are there any objectors to item 1(a). Mr. Clerk, are there
copies of the agenda available for members of the public) Are there
copies of the agenda for the residents of Palm Island or wherever they're
from. Mr. Perez, do you now have copies of the agenda that can be
distributed to members of thc... is there anybody here who has any objections
to item 1(a) as you can see on the distributed agenda? If there arc -
none... Is Mr. Plummer here? It is now nine twenty-two. Perhaps we can
get a full Commission together so that we can proceed on our agenda.
Will Mr. Paid, will you inform Mr. Plummer that we're waiting for him?
All right, we have a full Commission now. We're on 1 (a). Is there
a motion on l(a)? Is there a way that we can pass this on an emergency
basis, Mr. City Attorney?
Mr. Plummer: But what is the reason? No, you can't. It hasn't been
advertised that way, Grace. You can't do it. You have to do it...
Mayor Ferre: All right, is there a motion on l(a)?
Mr. Plummer: I..yes, with pleasure.
Mayor Ferre: Plummer moves. Is there a second?
Father Gibson: Second.
Mayor Ferre: Plummer moves. Gibson seconds. Further discussion?
Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AIMNDING ORDINANCE NO. 6871, AS
XMENDED, THE COMPREHENSIVE ZOtIING ORDINANCE
FOR THE CITY OF MIAMI, BY INSERTING A NEW
ARTICLE XXI-5, SPD-3 BISCAYNE BOULEVARD NORTH
SPECIAL OVERLAY DISTRICT BY MAKING THE
NECESSARY CHANGES IN THE ZONING DISTRICT
MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY
REFERENCE AND DESCRIPTION IN ARTICLE III,
SECTION 2, THEREOF; BY REPEALING ALL
ORDINANCES, CODE SECTIONS OR PARTS THEREOF
IN CONFLICT; AND CONTAINING A SEVERABILITY
CLAUSE
Wac, introduced by Commissioner Plummer and seconded by Commissioner
�,ih!;on and passed and aduj,ted on its first reading by title by the
following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Vice -Mayor Armando Lacasa
109
JUN26198,
ist
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.
26. FIRST READING ORDItLANCT: Apply Certain Changes of Zoning
Biscayne Boulevard Morth
SPECIAL OVERLAY "-OIIIFG DISTRICT
5
Mayor Ferre: Take up item 1 (b). Is there a motion?
Mr. Plummer: Move it.
Mayor Ferre: Moved by Plummer is there a second?
Father Gibson: Second by Gibson.
Mayor Ferre: Second by Gibson. Is there further discussion? Are there
any objectors who wish to be heard on item 1 (b). Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY
OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION
AND THE APPLICATION OF THE BISCAYNE BOULEVARD
NORTH SPECIAL OVERLAY DISTRICT TO PROPERTIES
IN THE CIVINITY OF BISCAYNE BOULEVARD BETWEEN
NORTHEAST 50TH TERRACE AND NORTHEAST 87TH STREET
AND BY MAKING THE NECESSARY CHANGES IN THE ZONING
DISTRICT MAP MADE A PART OF SAID ORDINANCE
NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE
III, SECTION 2, THEREOF, BY REPEALING ALL
ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN
CONFLICT AND CONTAINING A SEVERABILITY CLAUSE
Was introduced by Commissioner Plummer and seconded by Commissioner
Gibson and passed on its first reading by title by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Vice -Mayor Armando Lacasa
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.
r ,
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27. CEL'LTJGi ZONING CLASSIFICA11ON: 665 N.E. 60th Street
R-1 to F-3
Mayor Ferre: Take up item two. An ordinance on first reading. Application
by Barbara James to change the zoning at 665 N.E. 60th Street from
R-1 to R-3. The Planning Department recommended approval. The Zoning
Board recommended approval, six to zero. There were six objectors
by mail and five present at the zoning meeting. Are there any objectors
present on item two? Is there anybody here who wishes to object to
item two?
Mr. Plummer: Where is the proponent?
Mayor Ferre: Is the proponent present?
Mr. Plummer: You're the owner of record, sir? You're the owner of
the property.
Mayor Ferre: This member ... I mean this motion, I mean this item is fully
explained in item two of your packet. It has been, as I said, approved
by the Planning Department and unanimously approved by Zoning. Is
there a motion?
Mr. Lacasa: Move.
Mayor Ferre: Moved by Lacasa. Is there a second on item two?
Father Gibson: Second.
Mayor Ferre: Second by Father Gibson. Mr ... would you come up and give
us your name for the record, that you are present.
Mr. Tony James: My name is Tony James, I'm the husband of Barbara James.
Mayor Ferre: I see. All right, thank you, Mr. James. Further discussion?
-nr the last tine, -- e there any c*:jcctors t%at Y733'1 t0 be i.e":u r,u -LC;
t-.'o .
Ir. ^1u1;,x r: Are ve on C iscuG.-lor?
Mayor Ferre: Yes, if you need to discuss it.
Mr. Plummer: Mr. Whipple, you have recommended, unless I'm ... Fosmoen's
head is in the way, in effect, spot zoning.
Mr. Whipple: No, sir.
Mr. Plummer: All right.
MT. Whimdv : If you will notice, to the East and to the North of the
-;abject property, that those areas are zoned R-3. This is ar.
extc,nsion...
Mr. Pluffner: Yeah, you're right.
Mr. Whipple: ...Or an inclusion of this lot into that R-3 zoning.
Mayor Ferre: Further questions. If not, call the roll.
Mr. Whipple: Not the blue one, the yellow one, Mr. Plummer.
�uN
ist
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF
MIAMI, BY CHANGING THE ZONING CLASSIFICATION
OF LOT 1, BLOCK "C"; BAYSHORE REVISED (9-60),
BEING APPROXIMATELY 665 N.E. 60TH STREET, FROM
R-1 (ONE FAMILY) TO R-3 (LOW DENSITY MULTIPLE),
AND BY MAKING THE NECESSARY CHANGES IN THE ZONING
DISTRICT MAP MADE A PART OF SAID ORDINANCE
NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE
III, SECTION 2, THEREOF; BY REPEALING ILL
ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN
CONFLICT; AND CONTAINING A SEVERABILITY CLAUSE
Was introduced by Commissioner Lacasa and seconded by Commissioner
Gibson and passed on its first reading by title by the following
vote:
AYES: Vice -Mayor Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Joe Carollo
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the Commission
and to the public.
DISCUSSIO`i k1M TEtTOZARY DErr!,-%aL: Vacation anC Closure of
28. Alley S.E. 12 'terrace, S.^. 13 Street, Drickell Avenue anC
South 3ayshore Drive - "B-L-K" SUBDIVIS70N
Mayor Ferre: Take up item number three. An application by Sarkin N.V.
for the vacation and closure of an alley behind Southeast 12th Terrace
• and 13th Street on Brickell Avenue, South Bayshore Drive, as a
condition.for approval of a tentative plat. The Planning Department
recommended approval in accord with the conditions established by the
Plat and Street Committee. The Zoning Board recommended approcni
seven to zero. There are two replies in favor, there were four
piolx vents at the Zoning Board meeting. Are there any objectors present?
UNIUENTIr1rD SIIEAKF.R: Yes.
Mayor Ferre: You are an objector?
UNIDENTIFIED SPEAKER: Yes.
Mayor Ferre: All right, sir. Then we will go, make your presentation,
go ahead, lets hear from the Department, lets hear from the proponent
and then we'll hear from you. Quickly now.
Mr. Whipple: Mr. Mayor, Commissioners, the Department has no objections.
If you will note, and if I may go to the map briefly for an explanation.
ist 112 : .
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Mr. Whipple (continued): The proposal is to close this right of way
designated in yellow and to provide for per the plat, additional
right of way that is straight through. This yellow indicated here is an
alley, is a private alley. It is not dedicated to the public but to the
use of the people in the subdivision. As you note, the subdivision
in blue really has all the rights to that property. In rough
calculations we figure that it is about an equal exchange of property
with what is being dedicated and with what is going to be required by
Dade County Traffic and Transportation for reallignment of 13th Street
on this corner.
Mayor Ferre: All right, now the proponent, please.
Mr. Plummer: Wait a minute. Can I address that particular point?
Mayor Ferre: Yes, sir.
Mr. Plummer: Mr. Whipple, regardless of whether that alley is closed
or not, if building is to be commenced, he has to do and comply with
that any how. Is that correct?
Mr. Whipple: Yes, sir. He has to close that as part of the public
record even though...
Mr. Plummer: No, no. Mr. Whipple, if regardless of what this Commission
does in relation to the alley, if this gentleman wishes to build, he
still has to comply with the dedication and the traffic control.
Mr. Whipple: This has been requested by Dade County Traffic, and they
have volunteered a prior public hearings to comply with their wishes.
Mr. Plummer: And has the applicant proffered to the City in gain for
what he is gaining? I'm asking a question.
Mr. Whipple: Well there is a question of gain, sir, with regard to what
is being closed and what they are proffering, including this property.
Mr. Plummer, Mr. Grassie, don't ever use Mr. Whipple as a salesman or
a negotiater.
Mayor Ferre: Any other questions, Mr. Plummer?
Mr. Plummer: I'm asking has anything been proffered to do for the City.
Mayor Ferre: The answer is no.
Mr. Plummer: Oh, is that the answer?
Mayor Ferre: That's what I heard.
Mr. Robert Traurig: The answer is yes. We're prepared to make the
dedication that Mr. Whipple described, which is of just about,4*'e same
number of square feet as the area of the alley.
Mayor Ferre: All right. Mr. Traurig, you represent the applicant?
Mr. Trauriq: Yes. For the record, my name is Robert H. Traurig, 1401
Brickell Avenue. I represent the applicant, B-L-K. Mr. Borrotto
is the B of B-L-K.
Mayor Ferre: Are there any statements that you want to make as to the
applicant?
Mr. Traurig: No, I think Mr. Whipple stated it. If any rebuttal
is nece:;c:ary, Ac'li ue ;."ppy to make that.
Mayor Ferre: All right, now for the objector.
ist 1
6
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Mr. Ralph Fisher: My name is Ralph Fisher. I live at 121 S.E. 13th
Street which adjoins the little yellow curve section. I assume that
blue section is a new development. Is that correct?
Mr. Perez: Yes, it is.
Mr. Fisher: This thing that you're talking about would alter my
personal life in two ways. One, when I was a child, I saw a street
that was put through straight like that in Fort Lauderdale, and I saw
a couple of animals get run over, and kids almost get killed because
of cars tearing through there. The way the street is curved now, the
thing that says "A" is not a street. In lieu of that, a car must
slow down to negotiate that street, to make it through over toward
the bay from Brickell. That's a safety factor. That's one thing
that I think would alter my life, that it wouldn't be as safe to even
walk across the street there. Another more important thing is that
this thing is going to go in, and a lot of people that are living there
are going to get kicked out. So we're going to have ninety-nine point
five percent housing occupancy, and you're going to have a couple
hundred people hitting the market and I don't think anybody ... I know
I can't afford the condominium or whatever high fluting thing is going
in there in that blue section. And I would strongly urge Mr. Carollo,
Mr. Gibson, Mr. Ferre, Mr. Lacasa, and Mr. Plummer to think of this.
That those people that are living in that blue section right there are
all going to be hitting the streets looking for apartments. And none
of them can afford the kind of places that are going to go in right
there.
Mr. Plummer: Sir, there is nothing that this Commission can do about that.
We can't tell a private man who owns the property what to do with it.
Mr. Fisher: Well what you're doing is you're allowing...
Mr. Plummer: ...one of the basic rights,.one of the basic rights, sir,
in this country is for private right of ownership of real estate.
Mr. Fisher: Well like you're giving away a piece of City land, kind
of a little swapo, and then .in doing that, you're kicking out a couple
hundred people out of their homes.
Mr. Plummer: You spoke to the blue areas.
Mr. Fisher: Yes, sir.
Mr. Plummer: That's what I'm referring to.
Mr. Fisher: Okay. But there's nobody living in the yellow area but
you're doing a swap and the effect is going to effect on my personal
life, and that is that I'll be kicked out of my apartment. What if
someone told you that you had to get kicked out of your place because
of some City Commission.
.Mr. Carollo: Sir, let me say this. That I can understand how you feel.
I can't afford those three hundred thousand condominiums either. And
you know, I can only say that I wish there was something that we cin
do to change that.
Mr. fisher: The very people that are living there are competeting
for the kind of housing that the latest influx is going to displace.
Mr. Carollo: We realize that. But see, what Mr. Plummer stated is
correct. We can't you know, that would be socialism then. This wouldn't
be America. And we can't go in there and tell someone hey. If it's
zoned for that type of building, you can't do that. You have to build
this kind of thing here. Now, unfortunately, it seems that you know,
the way Miami is going, the only type of people that can live here from
now on are going_ to he the ones that can afford the five hundred
thousand, three hundred thousand dollar condominiums that apparently
are going to be the waive of the future here.
J w 1 • I,.
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Mr. Fisher: That's it. People like me are going leave.
Mr. Carollo: It's a shame.
Mr. Traurig: Just very quickly, by way of explanation. An office
building is being constructed, will be constructed on this property
which is on the corner of Coral Way and Brickell Avenue. It's alread
been approved by the Zoning Board and it complies with the existing
zoning, and what we want to do now is just to vacate the alley that
presently bisects our property.
Mayor Ferre: All right, questions. Mr. Plummer.
Mr. Plummer: Mr. Traurig, you've had some time to contemplate.
Mr. Borrotto, you're going to be gaining greatly by the closure of
this street. Greatly to the effect that I probably would venture to say
that you can't do what you want to do without it. Now, that
obviously is worth a great deal to you. That is City owned property
presently. And people who own that property are asking, are you
giving them anything in return?
Mr. Willie Borrotte: My name is Willie Borrotto, I'm an architect.
I'm one of the owners of the property. Yes, I am. If you take a line,
if you look at the map and you see S.E. 13th Street, which is Coral
Way, and you extend that line across, we are giving about the same amount
of square footage facing Brickell, as we are gaining in a property
which is within our own property.
Mr. Plummer; Mr. Borrotto, you don't obviously understand the question.
Mrs. Gordon, do you remember back when you were here on the Commission,
through your efforts such as this, that Mr. Morris, Mr. Allen Morris
was very nice to the people of this City when he gave a little parcel
for a park and the people were very grateful. Is that going to be
a park, Mr. Borrotto?
Mr. Borrotto: No, it's not going to be a park.
Mr. Plummer: Is it for public use.
Mr. Borrotto: It's for public use.
Mr. Plummer: It's going to be landscaped with little chickees, places
to each lunch.
(INAUDIBLE COMMENT)
Mr. Plummer: It's going to be a right of way.
Mr. Borrotte: It's going to be a right of way because the Traffic and
Transportation Department requested it. However, what we're giving the
City is the best building that Miami is going to have.
Mr. Plummer: Mr. Borrotto, I'm sorry that you don't understand my
question, sir.
Mayor Ferre: He does. He just doesn't want to acknowledge it.
Mr. Traurig: I think that one other thing that should be focusedan
is that land thatfronts on Brickell Avenue has a greater value per
square foot than the interior land. And that therefore, from a
land value standpoint, the land that's being dedicated has a greater
value than the land that would be recaptured through the vacation
of the alley.
Mayor Ferre: Bob, obviously what Commissioner Plummer is trying to do,
ab we have done in many, many other occassions in the City of Miami
Commission, is it has to be voluntary on the part of the land owner.
But perhpas in view of the fact that two smaller pieces of property
that are very difficult to develop because of their size, become
115
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Mayor Ferre (continued): developable into a very large building,
that I think it would be a wise thing on the developer's part if perhaps [
a small park, mini -pork, would be forthcoming. Perhaps, in one of those
lots where future generations of Miami could walk and sit out in that
little park which we would be happy to name Borrotto Park and have
their cokes and snaks.
Mr. Plummer: I think, Mr. Mayor, I'm glad you understood my question.
I think Mr. Borrotto needs a little time to think about it, Mr. Mayor.
Mr. Borrotto: No, I think that I have the time. We don't have the
plans with us but the plans that were approved, the building occupies
a small percentage of a gigantic park. We are dedicating the entire
site, almost, and Mr. Whipple that is here, who has seen the plans to
the park. We have, as a matter of fact, one of the reasons that our
plans were approved was because of the design that we have on the park
around the building. The entire area is planted with flowers. The entire
area is under a cover of trees, we are widening Brickell Avenue with
an entire area of seating space and so forth. So we have taken, it
is a park.
Mayor Ferre: But you see, that the difference is, that Mr. Morris
when he did it, for example, your neighbor across the street, made
it a public park...
Mr. Plummer: And maintained by him.
Mayor Ferre: And the only way that you can make it a public park
is if you dedicate it to the public. Otherwise, it's not a public
park.
Mr. Carollo: Well, wouldn't he also then, at some time later in the
future, have the right to change his mind and maybe...
Mr. Plummer: No, no, no.
Mayor Ferre: No, Carollo's right. What he's saying is that if he
keeps it as a private park...
Mr. Plummer: You let him volunteer it. I'll show you how not to let
that happen.
Mayor Ferre: You didn't hear what the man says. What he said was that
if he keeps it as a private open space, in the future, some future
owner could change that and decide to put asphalt or what have you.
So he's agreeing with you as I understood it.
Father Gibson: That's why we want to make it public.
"Mr. Traurig: Unfortunately, we didn't come here with the plans
'for the building, which have already been approved but I think that if
you would view the plans you would recognize that the deck of th,
building and the open space of the building is available to the public,
who may be walking down Brickell Avenue and would like to lunch on the
terrace, etc. And there is no prohibition of, for the general
public to qo on the property despite the fact that it isn't dedicated
t tho public as a park. I don't know whether or not in the closure
-I ,alley:; v1s.,whcro in this community there has been what you term
Mr. I'luuu:u•r at; a voluntary dedication, except in the rare instance
such as Mr. Morris' where in consideration for getting some extra
F.A.R. on his property, he was willing to create the park on the other
side of the street. This is a different situation.
Mr. Plummer: Mr ... you know, I hope you understand, Mr. Traurig, through
you to your client, I didn't say that it had to be a mini -park, and I
sure don't want to talk about cash but there are many, many other
volunteer things that your client could do, like one thousand trees for
ist 116 - _-c.-
Mr. Plummer (continued): Bayfront Park which are desperately needed.
There are many other things that could be done. All I'm saying is
simple. It seems blatantly fair to me, that if you are gaining, the
owners, the present owners of the property should like wise gain.
Mr. Traurig: I think that the explanation is that although we are not
contributing a park, we are contributing land which will benefit the
community by making the traffic situation at 13th Street better because
we are now providing additional right of way as suggested by the
Dade County Department of Traffic and Transportation.
Mr. Plummer: What you've got to do if you build anyhow.
Mr. Traurig: Not necessarily. I think that that was a suggestion to
be made based upon the building that was proposed. Had we built
two separate buildings, one on the North side of the alley, and one
on the South side of the alley, I don't know whether or not that demand
would have been made because we wouldn't have even been before the
Zoning Board.
Mr. Plummer: Father, could you offer a prayer that the light will be show..
Mr. Carollo: I hope we're dealingin the sunshine., J.L.
Father Gibson: You know, I suggest you take a few minutes and think about
it.
Mr. Traurig: Well I think that enough people have suggested that, that
we ought to take a few minutes and think about it.
Mr. Plummer: Bless you son, bless you.
Mr. Lacasa: How much time do you need, Mr. Traurig?
Mr. Traurig: After the next item if we could come back, we would
appreciate it.
Mr. Plummer: That sounds fine.
29. DISCUSSION AND DEFERRAL: Development Order for 1-!P.TSON ISLAND
Mr. Lacasa: Okay. So therefore, we go then to item number four.
Planning Department Application. Approval of a development order
for the Watson Island Development.
Mr. Perez: Mr. Vice -Mayor. We will have the department start the
presentation.
Mr. Fosmoen: Mr. Vice -Mayor, members of the Commission, I'm going to
apologize in advance to the Commission for taking as much time as we
expect to take this evening on this issue. Let me give you a little
background on why I'm...
Mr. Plummer: Mr. Knox, you will be complying with the Charter which
requires ten minutes on a presentation, orless.
Mr. Fosmocri: Well that's one of the problems, Commissioner.
Mr. Plummer: That's your problem, sir, to comply with the Charter, not
mine.
Mr. Fosmoen: One of the difficulties and one of the reasons for
unfortunately making a very lengthy presentation this evening to the
•... W
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11'I
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Mr. Fosmoen (continued): Commission is because we were given, in June,
or May, approximately one half hour to present to the South Florida
Regional Planning Council a project that has taken approximately three
and one half years to develop, and we were given a half hour total to
respond to several hundred pages of comment that the South Florida
Regional Planning staff has generated over the past few months in the
review of our development order on ovc development of regional impact.
The Manager has just suggested, and maybe it's appropriate that since
we are going require some amount of time, perhaps, the Commission wants
to work its way through the remainder of the zoning items on the agenda.
(INAUDIBLE COMMENT FROM THE AUDIENCE)
Mr. Lacasa: How many people in thelublic are interested in this item?
(INAUDIBLE COM.'4ENT FROM THE AUDIENCE)
Mr. Lacasa: Are interested in Watson Island.
(INAUDIBLE COMMENT)
Mr.Lacasa: Well of course, but you want to hear it. Well, I don't
believe that we will be able to do it. So lets us proceed.
Are you ready on that?
Mr. Plummer: Mr. Vice -Mayor, Mr. Borrotto has...
Mr. Lacasa: Seen the light.
Mr. Plummer: Has seen the light as prayed for by Father nibson, and I
understand he wants to make an announcement.
Item temporarily deferred at this point.
30. CONTINLTD DISCUSSION AND RESOLUTION: Vacation and Closure
of Alley S.E. 12 'terrace, S.Z. 13th Street, Brickell Avenue
and South Bayshore Drive-"B-L-K" SUBDIVISION
Mr. Traurig: Well I think he ought to make it so that you can take
it down in his words.
Mr. Borrotto: If trees is the issue, what then we would like to do is to
really do something very nice on Brickell Avenue, and we'll contribute
trees on Brickell Avenue so that we can enhance the Brickell Avenue
area around our property and across the street from us.
Mr. Plummer: I think that's a nice idea. Great idea.
Mi. Lacasa: Okay, do we have a motion?
Mr. Pliunmer: Mr. Vice -Mayor, I would accept the kind volunteer offer
of the applicant and only one stipulation. And that is monies that
would be used by the administration, but for the Brickell area.
I would move item number r three.
Mr. Lacasa: There is a motion...
Father Gibson: And second.
Mr. Lacasa: Motion and a second. Under discussion? Call the roll.
118
ju(i2619$9
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The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION tiv. 80-475
A RESOLUTION CLOSING, VACATING, ABANDONING AND
DISCONTINUING THE PUBLIC USE OF A PORTION OF THE
ALLEY LOCATED IN THE BLOCK BOUNDED BY SOUTHEAST
12TH TERRACE, SOUTHEAST 13TH STREET, BRICKELL
AVENUE AND SOUTH BAYSHOF.E FRIVE FOR A DISTANCE _
OF + 350' FROM THE EAST RIGHT-OF-WAY LINE OF
BRICKS LL AVENUE. ALSO, THE NORTHERLY PORTION OF
THE BIFURCATION 01' SOUTHEAST 13TH STREET BETWEEN
BRICKELL AVENUE AND SOUTH BAYSHORE DRIVE FOR A
DISTANCE OF + 165'; AS A CONDITION FOR APPROVAL
OF TENTATIVE PLAT #1081 - "B-L-K SUBDIVISION"
AND SUBJECT TO VERIFICATION OF OWNF.FSHIP PRIOR
TO ITS HEARING BEI'CP1 THE MIAMI CITY COMMISSION
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the :ollowing vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Vice-t]ayor Armando Lacasa
NOES: None
ABSENT: Commissioner Joe Carollo
Mayor Maurice A. Ferre
(CONTINUED DISCUSSION):
31. PUBLIC HLARIT'S AI,'D D' %RP.L OF FINAL CONS IOERATIO*,':
Developr-tent Order - Development of Regional Impact
'%iATSOV ISL:.ND"
Mr. Lacasa: Sc going back to item number four, Mr. Fosmoen.
Mr. Fosmoen: What I would like to do is take a few minutes to brief
the City Commission on the DRI process that we've gone through. I think
it's important in your deliberations to understand the process that the
City has gone through in an attempt to provide information to the
South Florida Regional Planning Council in their deliberations. Then I
will ask Mr. Reid of the Planning Department to give the Planning
Department and the Planning Board's position. We would like a few minutes
to put on the record our rebuttal to a whole series of comments that
South Florida raised in reviewing the documents that we provided to them.
Obviously, there are members of ti,e public here who wish to comment to
the City Commission on the Development of Regional Impact. And then we
would like a few minutes for rebuttal to some of the comments, perhaps,
that are raised by the audience. In November of 1979, this document
was submitted to the South Florida Regional Planning Council. It was
prepared ...it was prepared by Post, Buckley,Schuh and Jernigan under
contract to the City of Miami, following normal development order and
Dkl processes. Post, Buckley has prepared several dozen DRI's in this
State. They have recently received an internationally recognized award
for the DRI that they prepared for the Port of Miami. Tn response to thiF
document, we received a letter from Mr. Peterson, who is the Staff
Director of the South Florida Regional Planning Council, dated
November 9, 1979. And in that document, for the first time, Mr. Peterson,
119 -
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Mr. Fosmoen (continued): attempted to reject an application for a
development order. He, in fact, did return the City's check for
five thousand dollars, telling us that the work that our consultants
which consists of Post, Buckely, Shuch, and Jernigan as the primary
consultant, people like Greenleaf-Telesca, who did marina studies,
, from the University of Miami who did the
research in the bay bottom, Economic Research Associates, preimmenent
in the field of economic research on theme parks, Sasaki who did landscape
work, and our design principals, Randy Doolan, Associates, all of their
work was totally inadequate and he would not review the application.
Mr. Plummer: Did we, the Commission, receive copies of that? That letter?
Mr. Fosmoen: Commissioner, I do not personally recall whether you
received copies. I believe that we have attempted through this process
to distribute each of these to you as we received them. And when I
finish you'll see the stack of papers that we managed to generate. We
threatened South Florida with slat and they responded by accepting cur
application but we had to threaten legal action in order for them to
accept an application. They provided us with twenty-seven pages of
comments on our application, on our DRI. In response to that, Post
Buckely, Schuh and Jernigan along with the other consultants prepared this
document. Commissioner? This was in response to twenty-seven pages
of comments prepared by South Florida Regional Planning Council, attempting
to answer questions on the regional impact of Watson Island. The response
of South Florida to that document was an additional thirty-four pages of
comments and questions that were raised. At that point, and by the way,
I should read you, if I may take, it's not out of context but it is
within a letter dated March 18, 1980 addressed to Mr. Grassie. I should
read you Mr. Peterson's reaction to that document. "Please note that the
information requested in the attached list and requested on November...
in the attached list was previously requested on November 9. The only
a^_ceotions are tax questions on new information submitted by your
consultants." We responded with three documents to South Florida. On
March 25th, Mr. Peterson wrote to the Mayor saying that due to the City's
refusal to provide information requested in our letters of November
9, 1979, and March 18, 1980, we will proceed with the processing of the
Development of Regional Impact. The point that I'm making for the
record is, that we have submitted four volumes of information to South
Florida and we finally had to say enough. We are not responding any
further to the questions that you have raised. The questions that you
have raised bear absolutely no relevance to the regional impact of Watson
Island. And in addition, the questions that you have raised concerning
the local impact, we in our opinion, have responded adequately to.
The staff then prepared a one hundred and twenty page document which
continued to attack the project. We, with our consultants, prepared a
rebuttal to that. All of the documents... this was our response to
South Florida's issues. The next document is dated June 2. This is their
response to us. And we were given a half hour to make our presentation
to the South Florida Regional Planning Council. Totally inadequate
in terms of any attempt to cover before that group the informat' or
the issues that were at question. What I'd like to do is now as:,,Mr.
Reid to review with you the Planning Department's position and the position
of the Piat,ninq Advisory Board.
tit. ,rim Reid: Members of the City Commission, it is the function of the
Planninq Department once the development report has been received from
the South Vtorida Regional Planning Commission to prepare for your action
a development order on the project in question. What I would like to refer
to as quickly as possible, and review with you is the ... my memo of June
3rd to the Planning Advisory Board, and included in your packet, which
contains our analysis of the Watson Island project. You have received
several presentations on the project itself but for the record, it.
proposes several thousand square feet of shops, fifty thousand square
feet of food services, marina facilities, a sea plane terminal, municipal
heliport, gardens, landscaping, park facilities and various supporting
intra-structures. It's expected to ... it is a seventy-four million dollar
120
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jUN 261980
Mr. Reid (continued): project. Primarily a family oriented visitor
attraction. It will attract three million visitors a year, two thirds
of whom will be tourist thus adding dollars to our local economy. It
will provide about seventeen hundred man years of construction employment
and annual operating and service employment a thousand full time
positions. And of course, you know the type positions, if your familiar
with these parks, it's basically unskilled, great numbers of youth
employment are provided in these operations. The multiplier effect
on the economy is expected to generate, by the economists that have
reviewed this project, an additional three to four thousand dollar jobs
in related industries, such as hotels, restaurants, and so forth. The
project is expected to generate two hundred and thirty-three million in
the first five years of operation with a net operating income of seventy-
five million and a return to the City of twenty-one million. The annual
impact on the economy amounts to about twenty-five million a year
including payroll, local purchases and supplies so it is a significant
economic project in terms of the City of Miami and to the region. The
South Florida Regional Planning Council in their report really zeroed
in on four major items. Number one, they suggested the debt service
for the project not involve ar.r backup pledges of City revenues. They
suggested that the management operator's document be modified so that
no City obligation would be fledged there and it would be paid exclusive
with project revenues. They suggested that we should modify the master
development plan to mitigate presumed enviornmental impacts. Arid they
said that there was inadequate information and Mr. Fosmoen has gone into
the great amount of information that's been provided. There are also
other enviornmental concerns about the Port turnina basin and concerns
about traffic impact. Particularly the McArthur Causeway impact. In
terms of the local land use plans of the City of Miami, this development
is in conformity with the local land use plan that you adopted in
1977 and is mentioned there. Now to our analysis and recommendations.
On the first point that is important, the Planning Council has questioned
the economic feasibility of this project, economic feasibility. Their
are charge in legislation is to evaluate the impact of a project on
the economy of the region. What they have• chosen to do is look at the
basic questions of economic feasibility, thus substituting their
judgement on that question for the City's consultants and for the
various experts that the City has drawn into the process of itself
evaluating the project. Experts such as Fconomic Research Associates
who does eighty percent of these projects on a nation wide basis, Art
Dual, Randal Dual who is very familiar with cost estimating and a
special consultant, David Brown, of the Mariott Great America
Parks, who was present at the hearing on 7urie 2nd to rebutt the
conclusions of the South Florida Regional Planning Council. Also, they
really questioned by their assessment report. of Prescott, Ball and Turbin
with respect to the Revenue Bond Issue and the validation of the
project. We basically feel that the Council has not really evaluated
the impact of the economy but has really gone to the economic feasibility
of this project and something that other in the council are better
qualified to assess. On the second major point, and that point is
covered in point two of our development order, on the second major
'point, they question the validity of the developer -operator agreement
=in terms of its potential negative fiscal impact on the City of Miami.
You may recall that the City paid Peat, Marwick, and Mitchell *- evaluate
this agreement. They have determined it's a reasonable agreement, and
again, it is our intention in the development order that it is
reasonable, and that the question of its reasonableness is one to be
decided by the City Commission. It's not a question of regional impact
but rather a question to be decided here. With respect to the
enviornmontal impact of the project, various issues are raised and we
tccl are dealt with in the context of the development documents that
havc be -en provided by the Cit.y's consultants. They are concerned
allout air quality, and a complex source permit will have to be sought
tram the- Florida Department of Enviornmental Regulation. There is
c()c,cern about noise and there are steps taken, recommended in the
report to ►nitigate and .abate noise pollution. With respect to land
use, the development order point fourteen, suggests the employment of a
121
1st
Mr. Reid (continued): special consultant to remove potential
pollution hazard with respect to land. With respect to water quality,
there is different expert opinion on water quality. The South
Florida Water Management District, the normal consultants of the
South Florida Regional Planning Commission, have evaluated this report
and they have no negative findings with respect to water quality. The
County's Enviornmental Office had an eleventh hour objection and we
feel that the water quality issue has been evaluated by South Florida
Water Management District and our consultants and can be satisfactorily
resolved. There are no flood hazard problems with respect to
vegetation and wildlife existing. Useful vegatation will be retained
and the vegetation will really be enhanced by this project, as dealt
with in point eight of the development order, point eleven, excuse me.
Point eight deals with the mangroves and the impact of the development
on mangroves. And basically, the City is following the same successful
formula that was followed in the Port. For every mangrove that is
affected in Biscayne Bay, an additional four mangroves will be planted.
Issues of water supply and energy also were reviewed in the context
of preparing the development order and are dealt with in point fourteen
of the development order. Another major impact was transportation.
The transporation impacts were evaluated by the City's consultant,
Wilbur Smith, and evaluated again by Dade DOT and Dade DOT has no
objections to the transportation impact of the development of Watson
Island. And of course, the City is looking at other ways to provide
access to the island in terms of connections to the people mover
and water born connections if they become available. Other impacts
include navagation. There was a concern about the Bay Pilots
Association that would be inadequate turning room in the Port basin
if the Marina development on Watson Island went forward as suggested.
We have suggested in point six of the development order that the marina
not go forward until there is an agreement between the Bay Pilot's
Association and the City with respect to its development. And so forth.
Mr. Lacasa: Mr. Grassie. Excuse me, Jim, these people over there cannot
hear.
Mr. Reid: Can't hear?
Mr. Lacasa: Can't hear.
(INAUDIBLE COMMENT FROM THE AUDIENCE)
Mr. Reid: No, on the last point of the development...
Mr. Lacasa: They will need more time.
Mr. Reid: On the last point of the development order, with respect to
the inadequacy of information, we feel as we have stated in point
five, that the information that has been provided at this point, is
adequate and sufficient to make a decision on the validity of
regional impact. And we recommend the enactment of the development
order as written by the Planning Department.
Mr. Lacasa: Mr. Fosmoen:
Mr. Fosmoen: Mr. Vice -Mayor, I'd like John Gilchrist to comment on
the several documents that were exchanged back and forth between
us and the South Florida Regional Planning Council after the four
major documents were submitted to them. I think that there are some errors,
inconsistancies, to say the very least, in the interpretation of the
material that we submitted.
(INAUDIBLE COMMENT FROM TtiE AUDIENCE)
Mr. Lacasa: Ernie, the Mayor is not here. We have a quorum. The
Mayor is not here. That is is prerogative. We continue.
122 J UN ell o 1980
ist
P
Mr. Fosmoen: ... instances and some errors to say the very least in the
interpretation of the material that we submitted. We did it...
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Lacasa: Ernie, the Mayor is not here. We have a quorum. The Mayor is
not here. That is his prerogative. We have a quorum and we continue.
Mr. John Gilchrist: Mr. Vice -Mayor and Commissioner, I have several documents
that I would like to pass out to you and put into the record here so that we
have a complete record of what has transpired. As defined in Chapter 380
of the Florida Statute as the purpose of the development of regional impact
application procedure is to determine if and to what extend a proposed develop-
ment will affect the health, safety and welfare of the citizens in more than
one county. Elements to be considered in the assessment include environmental
and natural resources of the region, public transportation of the region, public
facilities of the region and economy of the region. In order to address the
environmental and natural resources issue the staff of the Regional Planning
Council entered into an agreement which is a standard procedure for them
with the Water Management District of South Florida. The Water Management
District document will be passed cut to you and put in record. They in
review of the project concluded that there would be no impact of a regional
nature anticipated to result from the proposed project. This report was
furnished to South Florida Regional Planning Council and in turn the. Regional
Planning Council rt,jcctcd it, did not include the findings and in fact, in the
staff report, reported that it wasn't an acceptable condition. In turn the
South Florida Water Management District protested by a letter to the Regional
Planning Council, asked that this report be included. It again was rejected.
This happened several times and eventually the South Florida Water Management
District sent the report directly to me so that I would have for the City
a record that there review of the project show that there is no adverse
environmental impact to the extent that they reviewed the project. In addition
it's a normal procedure for the South Florida Regional Planning Council to
go to Dade Department of Transportation for the expertise necessary to review
the traffic impact. In fact, the South Florida Regional Planning Council
staff do not have thf- expertise such as in the South Water Management District
which is recognized for it's expertise in the area of water quality, Marine
and terrestrial biology soils, drainage, etc. Likewise with traffic. The
normal procedure is to go to the Dade Department of transportation. In the
application we included Dade's Dol's recommendations and their conclusions
which say that there will be no ... I'm sorry. The Watson Island project,
a point that DOT's staff states. "The proposed development of Watson Island
will have no adverse impact on the ro:-uways serving the area". These documents
were included as well as Wilbur Smith's professional study of the area and
analysis of all the road networks. I will distribute that document to you as
well. In terms of public facilities the City of Miami Police and Fire Departments,
Dade County Public Works Department, Miami Dade Water and Sewer Authority,
Florida Power and Light Company have all indicated in writing their ability
to serve the project with no adverse impact upon their overall capabilities.
Therefore, no impact on regional facilities will occur. In terms of economics
which was an issue raised in the very last generation of our exchanging of
documents with the Regional Planning Council. They took a position that the
project could have a negative fiscal impact on the City of Miami. In response
to=that as a matter of fact in their document they at this time made reference
to David Brown, the consultant on theme parks and previously the V+—President
of the Marriott Corportion in the building of their most recently completed
theme parks and quoted from an article that he had written in Urban Land
Institute and from that they concluded that the land area would be insufficient
to build the project and we could not provide enough area on it to accommodate
the numbers of people that ERA, Economic Research Associates said would be
iiv(vto.ary to provide the revenue generation and a number of conclusions. Mr.
itrowii npprared before the Regional Planning Council and has written a document
for tis to put on record which in essence says that ERA is the most accomplished
economics and marketing research group available to anyone. They are
accurate in their projections. With the Marriott Parks three years prior to
the opening of the park they projected... in both parks they projected two
and a half million visitors in the first year. In fact they were only fifty
thousand off and there were fifty thousand more than their prediction. In
revenues they predicted twenty-nine million revenues to be generated in the
first year, in fact, there was thirty-two million dollars generated. Their
123 ��. �.�._.-
record has gone since the days of Disneyland, Disneyworld and most of the
major visitor attractions in this Country. David Brown further states that
in all of his consulting work and his development of theme parks visitor
attractions he continues to use economic research as well as our architects,
Randall-Duell Assoc. So I'm also including a document from Mr. Brown as well
as a response from Economic Research Associates restating the unique conditions
of the Watson Island project here in the City of Miami and the reasons for
their projections and the belief in their accuracy. One additional document
which I didn't make reference too. At the time that the agreement between
Diplomat World Enterprises and the City of Miami was renegotiated from its
original agreement the Greater Miami Chamber of Commerce requested that the
City get outside view of the equality of that agreement. The City entered
into an agreement with Peat, Marwick, Mitchell to evaluate the agreement
between Diplomat and the City. Their conclusion were that the project... I
mean the agreement was... let me read from that. "The amended agreement is
reasonable compared with management contracts between other local governments
and private firms for the following reasons: DWE must manage the park in a
manner which insures sufficient income is generated so that the City's
return after debt service is at least equal to the management fees paid to
DWE. Otherwise, the City can terminate the agreement with cause. Second,
the City has the option to terminate the agreement at the end of each year
without cause. Third, the management fees to be paid DWE appear reasonable
with respect to the revenues projected for the park over the life of the
agreement. The services to be provided by DWE and the cost to be incurred
by DWE in providing those services. This goes on at some length and the only
other conclusion that I want to read from here was that they in evaluating
the termination provision of the agreement PPM report concludes "The City
appears to be better protected in their option to terminate the agreement
than was found available for either party in the other agreement reviewed.
In addition to the normal conditions for termination with cause the Litv's'
agreement includes the termination because conditions based on the debt coverage
ratio as specified in the UDAG grant the ability to terminate the agreement
at the end of each year without cause and protection of the City by providing
no termination provision for DWE. I simply would like to put those documents
into the record at this time and I believe after a concluding statement by
Mr. Fosmoen, you are going to hear from the public and as many times you have
heard they are going to tell you things like we are going to move the Japanese
Garden which of course, we have no intention to do. We have a budget at
.hree hundred fifty thousand to upgrade and provide perimeter protection
for this. The gardens, etc. I'm sure this is a redundancy to all of you
on the Commission and we would like a chance to rebut the presentation by
the public following that.
Mayor Ferre: Alright, Mr. Fosmoen, further statements by the Administration?
Mr. Fosmoen: Just a couple of additional comments so that we all understand
where we are at in this process. We have been before the Cabinet of the
State of Florida on three occasion. Once to get a waiver on the lease
restrictions. The second time to get Watson Island excluded from the
provisions of the Biscayne Bay Aquatic Preserve and the third time to get
a waiver on the interest rate of a ceiling which at that time was seven an4
a half percent. We have recently received a letter from State Attorney's
Office dropping an appeal on the bond validation to the Supreme Court, so
that issue has been set aside. We have a pending UDAG application. It
has not been turned down by the federal government, rather it is:pend+.g
by our choice. We have asked them on several occasions to roll it over
first because there was an increasing interest rate in the bond market and
finally because we did not want to come into the market with fifty-five
million dollars for Watson Island at the same time we were coming into the
market with sixty million dollars for the Convention Center. So that the
Commission understands we have cleared nearly all of the hurdles. We
feel that the bond market is coming down. The next step is for this
Commission to consider a development order on the Watson Island Project.
Mayor Ferre: Alright, members of the public that wish to address the
Commission on this issue would you please give your names to the Clerk?
Would the nine of you other than Mrs Shubin is already here, give your
names to the Clerk and I will take your names up as they are submitted me.
You are recognized Mrs. Shubin.
Ms. Florence Shubin: My name is Florence Shubin and I'm President of Save
Watson Island. Everyday I pray that God will save Watson Island.
124 J U N 2 61980
E]
Mr. Plummer: Excuse me, Ma'am. Excuse me, the normal requirement is that
you give your address. Now, we are trying, to get away from that. So I would
just ask every speaker as to whether you reside within the City of Miami or
you don't, ok. We don't want to embarrass anybody by asking; addresses. We
are trying to get away, but I do think it's reasonable to ask whether or not
you do reside in the City.
Ms. Shubin: Well, we are talking about a DRI which has nothing to do with
the City of Miami or Miami Beach.
Mayor Ferre: No, but you see, that's not the point. What Commissioner
Plummer is trying to point out is that if you will notice that sign right
in front of you right there it specifically says... we don't... but we are
trying to get away from people giving addresses because of security problems,
but just tell us whether you are a resident of the City of Miami or not.
Ms. Shubin: My name is Florence Shubin and I'm a resident of Miami Beach.
Everyday I pray that God will save Watson Island and today especially that
he will enlighten at least three members on this Commission. Determination
or stubbornness can he admirable. Willfulness is not. The patience of
Job was a winner and those of us fighting tilis ill conceived plan to
destroy Watson Island have that patience. We beg of you spare the taxpayers
of Miami, spare all of us. Let's acknowledge that Watson Island is not the
place for an amusement park. Let's look for a better location where it
won't interfere with the operation of our greatest economic asset, the Port
of Miami. Where it won't interfere with the economic growth of Downtown
Miami. Please take off your rose colored glasses and think of the potential
horrendous traffic jams around the Omni, Jordon Marsh, Sears corners. I
asked your Dade helicopter expert who would tell you that there is no
traffic on the MacArthur Causeway. How about these particular intersections
where there is no way of adding traffic lanes. He got nervous and answered
"Why talk about it?" It would take fourteen million dollars to correct it.
No amount of money could correct it. I can also tell you people working
on Watson Island rrany times have long waited to get into the stream of
traffic around 4:30 P.M. You may not care what you do to the City of Miami
Beach by cutting off one of it's life lines to the main land. You may not
care what you do to the residents of the island of the MacArthur and Venetian
Causeways, including your own city of Miami residents on Biscayne Island.
You may not care that you are taking away a beautiful, free public park from
all the people of Dade County. You may not care about the tax burden you
are putting on the people in the City of Miami. You may not care what happens
to Biscayne Bay. But as Commissioners elected by the people, you should at
least care about the harm you will be doing to your own community and the
people that put you into office. An amusement park on Watson Island will be
a disaster to the Downtown area. A traffic disaster. A traffic disaster
will result in a climate disaster. For disaster means air pollution and
air pollution means tourist disaster, When I go on vacation, I go where the
air is fresh and if I wanted to go to a there park, I would still go to
Disneyworld and so will everyone else. I suspect that you are really thinking
not about bringing tourists to Miami, but how to entertain those who are
already here, which brings us down to Coney Island and may be the 79th...
what the 79th Street Causeway use to be. There is much opposition to this
park, including a Miami Beach resolution passed unanimously, except for
Mts. Falk mother-in-law of Ronald Fine and obviously a special interest
vote opposing the Watson Island Development and memorializing HUD to deny
the UDAG. So of the other opposing groups are the Miami Women Club, the
Miami Beach Board of Realtors, the Miami Beach Taxpayers Associati-)n, Florida
South Chapter, American Institute of Architect, Coconut Grove Civic Association,
Key Biscayne Property Taxpayers Association, Florida Federation of Garden
Clubs, Tropical Audubon Society, Friends of the Everglade, Venetian Island,
Home Owners Association, the Harbor Pilots Association and to this I can
add the Miami Herald, the Miami News, HUD and the IRS and even the Greater
Miami Chamber of Commerce is beginning to realize Watson Island is entitled
to Nomething better and that perhaps someone should pay attention to the
general public opposition. Gentlemen, that public opposition is out there,
it just hasn't been 1jaine.;sed. That too is a real potential. There are many
more reasons why the amusement park is impractical, including the fact that
It is an energy waster in times when we are asked by the federal government
to save on energy. It is impractical and ill timed, because we should all
be concentrating on building up the Black community and not tearing down
a White community. This isn't going to make for healing wounds. I implore
you not to issue the development order on the Watson Island amusement park
in conflict with the South Florida Regional Planning Council action and
in conflict with the people of Dade County. I thank you.
Mayor Ferre: Mr. Fannotto?
Mr. Ernie Fannotto: Ernie Fannotto is my name and I'm President of the
Taxpayers League of Miami and Dade County and also President of the Homestead
Tax Exemption League and at this time I would like... I would take a little
bit of my time introducing Mary 'Dubbin who voted for the Homestead Tax
Exemption League in the State of Florida that gives all the people in thie
State an extra five thousand dollars.
Mayor Ferre: Mr. Fannotto, are you a resident of the City of Miami?
Mr. Fannotto: Yes, I am, thank you. My address is 140 Northwest 9th Avenue
rear. I would like to start off by saying that the Watson Island Project
was voted on by the South Florida Council six to two and one of those votes
was Mayor Ferre, who initiated the project and so there is really only one
vote besides Mayor Ferre. But I would like to bring out a legal point that
I don't think is fair. I don't think that the Planning Department when you
say they voted four to three and you City Commissioners appoint the Planning
Department and then you get the same people to vote on a project that you
initiated. That is entirely different when people come in here and initiate
projects. They are not Board members and I don't think that's fair, but
anyway I think that you folk should have had enough sportsmanship and shown
it when you were beat by the South Florida Council which is an independent
council madeup of members throughout different counties that you would have
dropped the South Florida Council. I mean, you would have dropped this
project. I am going to talk on the feasibility of this project. Number one,
since your consultant fees amount to twelve million dollars. This is
an exorbitant amount of money, way off base. And I will tell you point
blank no matter how you vote today you will be in court or the Grand Jury
you are not going to get that much money of the taxpayers money. Why? I'm
going to tell you why. This project... the only thing that requires
consultants as far as I'm concerned is the theme park. Do we have to hire
consultants for an amusement park? Do we have to hire consultants for a
night club? You can get people a dime a dozen for a few thousand dollars
a month, but yet you are taxing the taxpayers. You are asking them to
shoulder a sixty-eight million dollar project and you are taking twelve
million dollars which is seventeen percent of the total project money and
t:ils is outrageous. Let me tell you, you are not going to get that regardless
and I know you... and I... even if I have to get a letter to the Grandjury
and even go further, you are not going to get this plum for these consultant
fees. Now, I'm going to talk about the revenue bond.
Mr. Carollo: Ernie, if I may, excuse me for a minute. When you send that
letter you know, feel free to send them any other information you like and
limit yourself just to Watson Island. Excuse me, go ahead.
Mr. Fannotto: Oh, well, I will. Anyway lets talk about some of these people
here today that own homes there. Do you want to know the truth? This project
is a bottle neck. It's noisy. It's going to have many cars. There is
going to be exhaust fumes there. It's a hazard and in plain words an
invasion on the home owners rights in the residential area and I don't
blame these people for coming here, because they have a right to protect
tKeir property. But in reference to this revenue bonds which is eighteen
million dollars. We can't afford the revenue bonds. Revenue money is being
used today and everyone of you Commissioners sitting up there know it. It's
being used for pension fund money for the firemen, Police Department and
City employees and you are not going to have that much money. Also, that the
City of Miami if this is a failure... Now, the South Florida Council and
I don't want to be repetitious, they voted on this and I don't have enough
time to come out with details. They've spoke as to the feasibility of the
project. It is not feasible, but yet you Commissioners want to sit there
and say to the public, you are giving them a big deal. There isn't anything
there in that whole project except a theme park that we really need. We
don't need rides and slides. We don't need a night club, we got them all
over the County.
Mayor Ferre: Mr. Fannotto, wind up your statement.
Mr. Fannotto: Yes, I am going to wind it up and I'm going to say what I
said a minute ago, you are not... Oh, she did give me her time.
126 J u N n 61980
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Mayor Ferre: Go ahead.
Mr. Fannotto: Well, in fairness of all the members I'm only going to take a
few minutes. But I am going to say this here. I looked upon you people
when you voted for the consultant fees. I think you made a mistake and if
you made a mistake correct it. Verify it. I mean, correct it and vote
otherwise. And if you didn't make a mistake you are voting for something
that's outrageous. Seventeen percent for the consultant fees. 1 never
heard of such a thing in my life... there is nothing to be done here outside
of the theme park, but yet you want to take that much money of the taxpayers
money. Now, I stood here today and heard the Police Department begging for
money, a few million dollars. Three or four million. But yet you people are
getting twelve... giving twelve million dollars. You know wonder the taxpayers
don't have respect for public officials. This is some of the reasons. Now,
I hope you fellows stand up there and correct the mistake so that we don't
have to go further and embarrass some of you. And this is not high pressure,
but this is facts. Now, let's do what's right and give the people a vote of
confidence in you Commissioners or otherwise. Thank you.
Mayor Ferre: Ruth Meinken?
Ms. Ruth Meinken: Ruth Meinken, Miami Beach and I'm only going to take just
a couple of minutes because Florence Shubin has already mentioned the traffic
problem and I'm sure that you aon't want another Ricken Backer Causeway and
if you put a theme park on Watson Island you are going to have another Ricken
Backer Causeway problem. Traffic, traffic and more traffic. What's going
to happen to the bridge with all the opening and closing and when it breaks
down, then people who are at the theme park will not be about to come back to
Miami. They will have to go by way of Miami Beach. That definitely affects
us who live on Miami Beach in more than just the pollution, the traffic, the
noise that we will get. Watson Island was given as a park by Mr. Watson.
You have gone to Tallahassee, you have taken away something that a dead man
has given and I do not think that, that is right. One other thing that I
would like for the City of Miami to promise and that is that they will never
ask Metro for any help because that does personally affect myself and all
of the other residents of Dade County.
Mayor Ferre: Ma'am just for the record, do you live in Miami Beach too?
Alright, the next speaker is Mr. Turkell?
Mr. Leonard Turkell: Thank you, Mr. Mayor and members of the Commission,
my name is Leonard Turkell and I reside in Miami Beach. However, I have
substantial investments both commercial and retail in the City of Miami.
I first want to answer some of the statements that the Assistant City Manager
made to you regarding the South Florida Regional Planning Council meeting.
He said that the City had one half hour to respond to the South Florida
Regional Planning Council's reports. The fact of the matter is that the
City had months to respond to the South Florida Regional Planning Council
and seventy-five days prior to the first meeting of the South Florida
Regional Planning Council the City said that they would respond no more. And
at that meeting the City asked for a thirty day extention and had another
month to respond and after that response South Florida Regional Planning
Council put out a statement saying that the City's responses were incredible
and never before in the history of the council had they had the kind of
experience that they had with the City of Miami on this project. Now, he
talks about UDAG and about HUD and the fact that at the City's reap• st the
fact is that HUD has not approved the City's request on two occasions and
on the third occasion the City knowing the application would not be approved
withdrew the application and the Assistant City Manager tells us that, that
was a roll over. That's a new one. A roll over. I think what he would like
is for all of us in the opposition to roll over and play dead so that he can
go on with his games. And now the reference: in the Peat Marwick Mitchell
report which keeps coming up as some marvelous piece of work that the City's
auditors provided for you at a cost of eighteen thousand dollars, nobody
reads it. They just tell you about it. Do you know what it really says?
It talk as to the economics and the risk. It says that the agreement appears
reasonable. It is not superior. It is not the best agreement. It isn't
even a good agreement. What it says is that it appears reasonable and further
that the City is assuming the bulk of tht risk. Now, atone of us need to be
lawyers to know that the City is assuming all of the risk, not the bulk.
The developers are making no investment, have no experience and share in none
of the losses. The City assumes it all. In addition this says that the
expected return to the City will average three point eight million dollars
127
a year for the first five years. That's what Peat Marwick Mitchell says. Now,
you are going to put up forty-five million dollars worth of land, a seventy-five
million dollars improvement to it for a total of a hundred twenty million
dollars and you are going to get back a three percent return for your land and
building investment. And Peat Marwick says that's ok. I would like to ask
Mr. Peat, Mr. Marwick and Mr. Mitchell if they would invest their hundred
twenty million dollars for a three percent return. Now, the second part of
the report they talk about termination. Peat Marwick said this has wonderful
termination possibilities. Did they rEad to you that it says "However, the
cost to the City to terminate the agreement under this provision is quite
severe." And then later on they say "Well, the options of terminating this
agreement or better than the four agreements that we showed you". Now, Peat
Marwick had the right to show you any four agreements they wanted and you
know what they showed you? One of them is an agreement with an amusement
park called "Liberty Land" a total of eight million dollar profett. And the
other three contracts that they found were for three hotel projects. Two of
them on airports and one in a Marina where the people developing the hotel
put up money to build the project and paid rent to the City. Now, they didn't
say that Diplomat World will put up none money and pay no rent to the City,
but they said that the termination provision is better in this agreement
than in those others. I'm sure there were other provision that were better,
but none of them had to do with the economics of that project. This Peat
Marwick and Mitchell report is an insult to Peat Marwick and Mitchell. Just
a couple of other comments. I think what has happened when HUD refused to
grant the application for the grant on the third time and so the City withdrew
Excluding the Mayor's vote at the South Florida Regional Planning Council
when six of the seven members there present all elected officials...
Mayor Ferre: Excuse me, will somebody yield some time to Mr. Turkell":
Alright, this lady back here. Go ahead.
Mr. Turkell: Six of the seven members there all publicly elected officials
in South Florida voted "no". The South Florida Chapter of the American
School of Architects polled its members and the overwhelming majority of them
said "no" to Watson Island and now the severest blow of all. This Monday
when the Watson Island Subcommittee of the New World Center Action Committee
of the Greater Miami Chamber of Commerce introduced a resolution to the
New World Action Center Committee withdrawing its support for the Watson
Island project with a letter from Alva Chapman encouraging the Committee to
pass that resolution and only out of regard for the Mayor's absence did
they postponed that vote until next month when he could be there to discuss
the matter with the Committee. members of the Commission, the Mayor said at
the South Florida Regional Planning Council meeting that the City has hired
the best and you have heard it tonight. The best consultants in the Country.
There is no question about that. They were paid the most and they are the
best and they cannot turn this project into something worthwhile, even with
the best. Watson Island has been a bad project from the start and it is now
going sour. The objectors are raising objections from the Chamber of Commerce
to the residents in the area. And I think the time has run out for Watson
Island. It is past its time. You have other more important things to do
than to fool with a roller coaster. Thank you.
Ms. Shubin: Mr. Mayor, can I make a statement for the record?
r=m a taxpayer in the City of Miami in the amount of ten thousand dollars.
Mayor Ferre: Alright, Mrs. Shubin, thank you.
Ms. Shubin: I want that on the record.
Mayor Ferre: The only other card that I have here is Mrs. Rose Gordon who
has asked to be last and I will recognize her request. Are there any other
speakers who wish to speak at this time. Alright, Marilyn go ahead.
Ms, Marilyn Reed: Marilyn Reed for the record. I'm a taxpayer and a
resident of Coconut Grove. And Mayor Ferre, of course, you know what my
position is. I have long said that this is an improper location for an
amusement park, if you could find another alternate site I have no problem
with that or at least I did until recently have no problem. And as I stated
the other day before the council that in the light of recent events in this
town I feel that all energy should be put over into Overtown and all the
funding and that sort of thing. I think that's our primary responsibility
today. I'm not exactly happy with some of the things that are being presented
here tonight. Number one, don't rely on the Water Management District's
128 SUN 2619OV0
letter to justify your position. They deal in fresh water. This poject is
out in salt water. They deal in ground water and surface water levels and
they do not speak to marine water. So I don't believe that's an appropriate
justification. The books that are piled up over there... John Buckley...
Post Buckley Schuh Jernigan I have worked with them. I was on the review
committee for the port and indeed they do desire an award for their EIS and
everything else on the port, but not for the work they did for you. It was
terrible and I think you got ripped off and I told you on that. And your
problem with your work down here at the City I don't care whether it's
this plan or whether you are applying to the DER for an application none
of your applications are ever proper. They are not filled in right. I don't
know what's the matter down here, but you are causing your own problems and
that is an example of it over there. Your EIS does not comply with Federal
Law. They have rules and I came down here one night at some hearing and
went right through the CEQ rules. That thing does not comply. So when you
have problems with premitting agencies do not blame them blame somebody down
here. Something is not being done right and I say to you that those books
weren't done properly. So I just wanted to comment for the record that I
think you have got some problems here that really need to be straighten out
and again, for whatever it's worth 1 can't support your idea for Watson
Island. Thank you.
Mayor Ferre: Alright, the next speaker is Mr. Mike Rappaport. Is Mr.
Rappaport here? Alright, sir.
Mr. Mike Rappaport: Thank you, Mr. Ferre for affording the public the right
to say something. I really would like just to make a summation of all the
things that you have already heard. As you are aware there is a draw bridge
and with the new marinas that are proposed for the park the draw bridge is
going to come into use more affecting the traffic. There is a two hundred
foot tower which will probably be visible from I-95 North and South and
the human beings that we are we tend to rubber neck. And the City of
Miami Beach has passed a resolution. Miami Beach Board of Realtors of which
I'm a member has also passed a resolution opposing Watson Island. The Beach
Redevelopment when it comes to pass also will increase traffic on this
causeway. The cruise ships which are immediately adjacent to Watson Island
as well. as the causeway in general this will also add to the rubber necking
The SS France... I don't know if any of you have been across the causeway,
but when it was in port for about three weeks it was... accidents were
happening. Traditionally in the past Coney Island, Disneyworld amusement
parks had been away from residential areas simply out of the desire to let
the residents live in peace and tranquillity. This thing is going to be
immediately adjacent to probably about a thousand residents, including the
City of Miami which extends on the West end of Venetian Causeway. There is
parking already available across from Biscayne Boulevard and as I understand
the City of Miami is in negotiations at this point to get the FEC property
and this certainly would be an alternative site and... to go ahead and
build parking and disrupt a free flow highway. Reason just doesn't dictate
it. The only other thing I might add making it brief is I was in the
coast guard over on Mac Arthur Causeway and I was a boat dispatcher. I
handled the radios and on numerous occasions cars would go into either
government cut or the other side and these cars many times resulted in
fatalities because you go ten or fifteen feet off the causeway and you
Ore in thirty-five or thirty-eight feet of depth and again, reason just
doesn't dictate that this park should be where it's planned to be. I
realize the City has about a quarter of million dollars already liivested
in it. However, there seems to be other site and probabilities. Gentlemen,
the only thing I could say is the vote probably is predecided. I would
suggest that may be you put this thing off for a while and reevaluate
these things. And I think you very much for your time.
Mayor Ferre: Are there any other speakers. I think there was a lady
lure he wanted to speak. Oh, Mr. Rappaport, we forgot to get on the record,
Jo you reside in the City of Miami?
Mr. Rappaport: No, sir I do not.
Mayor Ferre: You reside in Miami Beach?
Mr. Rappaport: Yes, sir I do.
129
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Mayor Ferre: Yes, Ma'am, your name and your residence?
Ms. Mary Louise Bigelow: I'm Mary Louise Bigelow and a resident of Miami
Beach. I live the Venetian Island. I'm a taxpayer and I'm very much concerned
about this. I have worked hard all my life and saved to buy home on the
Venetian Island. I wanted it there because it was an atmosphere of refinement,
quietntiss and peaceful and it's quite an adjustment to think of an amusement
park being brought right into the area of this residential section. The
noise. All of the senses will be offended. The site. The noise. The
smells, everything. And this will affect our lives. We are right across the
Bay. A very short distance across the Bay. As you know water carries sound
and magnifies it. So we will have a very offensive result of this. And
we cross the causeway to go into Miami. Omni has brought quite a problem of
traffic and I sat here tonight and heard that in addition to.the traffic
problem which we already have that we are going to have as many as two and a
half million visitors a day right there in that area. Whatever it was he
said.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Ms. Bigelow: Whatever it was. Three million a year. But can you imagine,
can you imagine all these people and all this traffic added to what we already
have. If you desire an amusement park in that area why not use the Bicentennial
Park, no one else uses it. No one else uses it. You never see anyone in
there. All that pile of concrete and what is for. And you... and why build
another place there, a park right there so near it with no use whatsoever.
I heard that tonight speaking of the American way. The American way is to
listen to the voice of the people. Two nights ago I attended a meeting of
the Venetian Island Association. They were of one voice against this
park here in Watson Island. The American way is to listen to the voice of
the people and I feel that you must do this. This is our rights as Americans.
Mayor Ferre: Alright, the last speaker and then after that Mrs. Gordon,
because you hadn't raised your hand, but I will allow you... but I will allow
you to speak anyway.
Ms. Janet Waldman: Thank you. My name is Janet Waldman, I live in the
City of Miami. I'm a property owner. I live on Brickell Avenue and I'm
here tonight on this item representing only myself. I am opposed to the
facility that is being proposed for Watson Island. I do not necessarily
think that a theme park for Miami is a bad idea if can be responsibly
financed, which I'm not sure is the case as proposed, but I think that
this is not the place for it. It does not provide adequate access or
facilities. It does interfere too much with the other established ongoing
uses in the area and I would ask that you would not approve it. Thank you.
Mayor Ferre: Alright, thank you. Mrs. Gordon? We have now taken fifty
minutes on this. I would hope that we could wind up the public part in the
next ten minutes or so.
Mrs. Gordon: First of all, you know I spent a long time working with you,
all of you. I guess some of you as much as eight years, some six years.
Sgme a little bit less. I hope you have an open mind. I really do.
Otherwise, we have all wasted our time. We are down here tonight because
we have a sincere desire to see this Commission do right for the people of
this community and I don't think we can negate the objections of-tho people
who live on the islands because they are very much affected by any kind of
development that will take place. The reason there is a need for a DRI
and as you know I worked on the Regional Planning Council for about five
year: and went to the point of being the Vice -President for several years.
I knew the Regional Planning Council and how they operate. They are not
bias. They have no ax to grind. They are not in to get anybody. And
Mr. Fosmoen's implications at least the things he said implied to me listening
that they did have an ax to grind which I can assure you they don't. Now,
I said before, I hope you have an open. .Hind. I don't know whether you do
or not. I hope that the reconiendations and I hope that you have read the
report. I hope you have read the report that was issued by the South Florida
Regional Planning Council because that report. I wasn't for Watson Is1And's
financing plan before I read that report, but after reading it I said anybody,
anybody who has the responsibility to the taxpayers of this community must
never issue a development order based upon the facts that are before you
tonight. Now, the Regional Planning Council in their recommendation for
130 JUN 2619ow
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denial also gave to this City a list of items which if you corrected those
particular things would make it acceptable and one of the most important
things that I read in there was a change in the risk factors taking the
risk off the City which is the taxpayers. You don't own the City. I don't
own the City, but each of us has a share in the City and w? have to protect
that interest. I want to ask you to please don't presist to ram this project
down the shoats of the people of this community. Think of an alternative site
and think of another type of financing, private investment, private capital,
if it's such a good product. and is going to pay so much money. Private
capital, be willing to risk that capital. Don't risk the taxpayers interest
and I... Please, I urge you don't issue the development order in face of that
strong denial that the Regional Planning Council gave this project. Thank
you.
Mayor Ferre: Mr. Fosmoen, for a rebuttal and .:hen to the Commission.
Mr. Fosmoen: Mr. Mayor, I will attempt to respond to some of the issues
that were raised by the speakers in the order in which they made their
comments. Mrs. Shubin commented on interfering with the port and with... the
possibility of Watson Island interfering with the port. One of the reasons
for selecting the site for Watson Island is to assist in the development
of Downtown Miami to capitalize on the expansion that occurring at the port.
As this Commission knows a number of those cruise ships simply bring people
out on an airplane, put them on a bus, put them on a cruise ship and take
them out of the City and there is virtually no spending of those tourist
dollars in Miami.. One the objectives of Watson Island is to capture some
of those dollars as they flow into this community. Secondly, Mrs. Shubin
suggested that there is going to he an increase in traffic congestion on
the island and she mentioned the difficulty that people have who work on the
island getting out on the Mac Arthur Causeway today. We are spending several
millions of dollars improving the traffic flow on Watson Island improvin
the traffic conditions. There will be no at grade crossings. Traffic will
flow off of the island onto a series of ramps and we have more than adequate
stacking room for traffic that's coming into the island. Mrs. Shubin
commented that it is time to start spending some money in the riot areas.
I would point out to this Commission that Watson Island in addition to
attracting tourist into this area one of the primary objectives is to provide
a series of entry level jobs. Approximately one thousand entry level jobs
for youths. This project is located less than a mile from one of the areas
that was affected by the civil disturbance. We have an agreement with our
developer that he will provide affirmative action recruiting and training
so that Black youths can gain entry into that job market. Secondly, when
we received a waiver on the lease restriction from the State of Florida
this City Commission agreed to twocaviats. One, that one third of any
revenue that the City makes from Watson Island will go into park development.
Secondly, one third of any revenues generated will go into economic development
in this community. So we are talking about jobs and we are talking about a
potential of one third of three point nine million dollars a year going into
economic development in this community. Mrs. Shubin commented on the impact
on Biscayne Bay. We have as I have pointed out four volumes worth of
material, much of it relates to the potential impact on Biscayne Bay. None
of the people have consulted with us on this project find any negative impact
on Biscayne Bay. Mrs. Shubin said that HUD and IRS have not approved the
project, that simply is not the case. HUD has rolled the project over. The
aiplication has been rolled over and IRS has not commented on the project.
The developer contract, the manager contract had to be restructy' d according
to our bond counsel instructions to meet IRS requirements. She commented that
the garden clubs are opposed. There were a whole series of rumors in this
community when the project was first proposed that we are going to move
the Japanese Carden. I have seen the letters that the garden club submitted
to the congressional delegation and to HUD and they objected to the moving
of the Japanese Carden. We are not moving the Japanese Garden, but that
Information has not made its way back to the garden club, so they have chosen
not to acknowledge that. Mr. Fannotto commented on the fee to the developer.
My only reaction to that is that Peat Marwick and Mitchell are an extremely
reputable firm. They have reviewed the developer's contract and they find
it reasonable. Mr. Turkell suggested that our return is going to be three
percent on a hundred twenty million dollar investment. Mr. Mayor, I'm
attempting to move it as quickly as I can. He includes in that the value of
the land and obviously, we can't sell the land and therefore any suggestion
that we include forty-five million dollars worth land in a return on investment
is fuzzy thinking. It simply is not the case. In addition to that we are using
131
revenue bonds and investers who buy those bonds will be getting a return on
there investment. We are not taking funds out of the general fund of the City
of Miami and investing in that project. We are issuing revenue bonds in the
project. Mr. Turkell mentioned the termination clause in the contract. Yes,
the termination clause, if this Commission chooses to terminate the contract
arbitrarily and without cause it is severe. And that's simply built in there
to protect the developer... to protect the manager of the project. If we
terminate with cause there is no penalty. The Chamber action... I have copies
of the Chamber's resolution. It was deferred. The resolution that was
proferred by the Subcommittee does not withdraw its support of Watson Island.
Marilyn Reed commented that the Water Management District is not qualified to
comment on DRIs when they occur in sailing waters. I would point out however
that the Water Management District was quite qualified to comment on the port DRI and
to review that and to act affirmatively. In terms of the Post SUckley
ability to prepare DRIs and whether or not the DRI is adequate there are
representatives here from Post Bucklev, if you wish to get into that issue
I'm sure they would like to comment. Mr. Rappaport commented that there is
going to be accessive traffic and what happens when the bridge goes up. All
of those traffic considerations, the width of the lanes, the impact of bridge
openings were taken into account by Wilbur Smith when he made his recommendations
and also by the Dade County Department of Transportation when they issued
their letter indicating that will be no negative impact on traffic. I would
also point out to Ms. Waldman who have commented on the economics of the
project. That one third of the revenues going into park development and one
third is going into economic development and we are also generating a thousand
entry level jobs. As to Mrs. Gordon's comments, first of all, my negative
reaction was not directed at the South Florida Regional Planning Council
The council is a group of elected officials. My comments were directed at the
staff, not at the council. In addition Mrs. Gordon commented on the possible
exposure on the part of the City for cost if you would take the same assumptions
that the South Florida Regional Planning Council used when they begin playing
with the economic feasibility study that had been prepared by Economics
Research Associates. When you began increasing interest rates or when you
begin reducing the number of attendees or when you start playing with the
assumptions you will arrive at conclusions that says the project may not
pay for itself. My point is that we have use the best economic firm in the
Country. They have done ninety percent of the theme parks. Their projections
say the theme park and the project will pay for itself and in addition the
proof of that pudding is in the sale of the bonds. It is not in a series
of economic assumptions based or prepared by South Florida Regional Planning
Council. It is in the sale of the bonds and until we get through the
DRI process we won't test that assumption. But our economics people and
our underwriters feel certain that those bonds can be sold and that's the
real bottomline test as to whether or not the project is feasible. Finally,
Mr. Vice -Mayor there were a series of issues raised this evening. There
have been suggestions that we should take some time and rethink... my
recommendation to this Commission is that we take into account the issues
that were raised. We bring back to this Commission on July loth a development
order for your consideration. We will review the record that was presented
here and bring back to you on July loth a development order.
Mayor Ferre: Alright, thank you. Alright, do the members of the Commission
have question?
M6. Shubin: I have to correct some statements that Mr. Fosmoen has made.
Mayor Ferre: Alright, I will permit ten more minutes of rebuttal, alright?
Ms. Shubin: Alright. Mr. Fosmoen made the statement that the Florida
Federation of Garden Club has written letters to HUD and he has seen copies
of them in which they speak of moving the Japanese Garden. This is not
so. I have the resolution by the Florida Federation of Garden Clubs, etc.
(MS. SHUBIN READS RESOLUTION PASSED BY THE FLORIDA FEDERATION GARDEN CLUB
INTO THE. RECORD). Now, when I was up in the Cabinet in Tallahassee Mr.
Fosmoen got up before the Cabinet and said that I had said that the harbor
pilots were opposed to the development of Watson Island. He got up there
and he said that I had lied, that, that was not so. Those harbor pilot
were always opposed to it. They, are still opposed to it and Mr.... and you
can believe everything else that Mr. Fosmoen says as well as you can these
two statements.
Mayor Ferre: Alright, Ms. Shubin, what the harbor pilot are against is the
132 JUN 26 100
hampering of the turning basin. If we do not put the marina in the harbor pilots
have no objections, because their only objection is in relation to the turning
basin.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Mr. Fannotto, you got two minutes.
Mr. Fannotto: Ernie Fannotto is my name and I'm president of the Taxpayers
League of Miami. I live in the City of Miami. First I would like to
contradict the Assistant City Manager when he says that this project is so
secure. Let me tell you something. How secure would it be if we had a
poor economy and shortage of gasoline. You know what you would have. A
bankrupted City of Miami and we... and it can happen. There is a shortage
gasoline and a poor economy and they predict it's going to get gorse. Now,
in reference to the revenue bond let's be fair about it to the people. What
are revenue bonds? Revenue bonds are bonds that the revenue comes out of the
project. What if the project fails, then what happens? Then what happens?
You know as well as I do, you have read every page in there that the City of
Miami has got to put money and money in this project if it fails and have
got to pay these consultant not only twelve million dollars and seventeen
percent of the project, but they got to pay them more and more money in
later years if they want to keep going. But let's not kid the people. This
is a shaky project. As I have said before shortage of gasoline and the poor
economy can break the City of Miami and we can't take any chances. We got
to be double sure.
Mayor Ferre: Alright, yes, Ma'am? Since we have heard from you, your name
and your address for the record.
Ms. Betty Sutnick: My name is Betty Sutnick and I live on Miami Beach and
I just want some information. I have listened to both sides talk about the
port. The ships, the turning basin and related matters. I did attend the
meeting at a hundred sixty-fifth Street and that was the South Florida
Planning meeting that you are referring to and I did hear a Captain, I
believe his name was Jorgenson who represented the pilot, Harbor Pilots
Association. He was mostemphatic when he said that if the theme park
were extended as it had been planned... the marina had been planned out into
the bay. Therefore, the turning basin as promised would not be able to be
expanded and deepened and he made a statement and I wish that someone would
correct me if I'm wrong and go back in his speech and look it up. He did
say that the Norway would have to pull out if the turning basin was not
deepened and if the theme park was put in.
Mayor Ferre: I will verify that he said that and he did. Alright, anybody
else? Alright, Marilyn?
Ms. Reed: Mayor Ferre as a member of the Council have you gotten your
copy of this?
Mayor Ferre: Yes.
Ms. Reed: You are aware of it?
Mayor Ferre: Yes.
Ms. Reed: So I just want to say one thing, all the comments mac, against
the Regional Planning Council tonight you may be very soon directing to
Metro because they may take you over on these decisions, right?
Mayor Ferre: Alright, anything else you want to add for the record Mr.
Fosmoen? Alright, now to the members... Mr. Rappaport this is the last
convnent. We are very tired. We still have would you believe, about three
to four hours of work.
Mr. Rappaport: Yes, sir, I realize that you have been going all day.
Mayor Ferre: Thank you, for your consideration, air. You got ten minutes.
Mr. Rappaport: One simple question. If the South Beach Redevelopment
comes to pass what actually is going to happen to this free causeway?
133 J '
1
Mayor Ferre: The question is what happens if South Beach is redeveloped?
What will then happen to the traffic patterns of the causeway?
Mr. Fosmoen: It's figured into the projections. It's been figured in...
Mayor Ferre: Any other questions Mr. Rappaport?
Mr. Rappaport: It is figured in, in the traffic projections?
Mayor Ferre: That's what Mr. Fosmoen says. Alright, anything else? Alright,
now the public meeting is closed. Ladies and gentlemen, thank you very much
for your presence. And now the matter is before the Commission and this is
opened to the members of the Commission now. Comments or questions? Or Mr.
Manager if you want to add anything.
Mr. Grassie: Not at this time Mr. Mayor.
Mayor Ferre: Alright, members of the Commission?
Mr. Lacasa: Well, several issues has been discussed pros and cons and I
understand Mr. Fosmoen that you requested time to reconsider some of them.
So if that is the situation I would like to see what is the Administration
reaction to the questions that has been raised by the public here today and
whatever else might come to your mind. So it's up to you now.
Mayor Ferre: Well, is this a motion for deferral?
Mr. Fosmoen: We would ask you to defer and reschedule for July loth and we
will have a development order for you at that time.
Mr. Lacasa: I so move.
Mayor Ferre: Alright, there is a motion for deferral, is there a second?
To July loth. Would you specify a time so that everybody is aware of what
time on the loth?
Mr. Carollo: Mr. Mayor, may I ask that the Administration -try to find a more
appropriate time than they have because a project as important as this I
think we should make sure that there is plenty of time so that the public
could express their feeling and that we find the best suitable time so that
you know, whoever wants to come doesn't have to be leaving work or rushing
at midnight to get here.
Mayor Ferre: The problem is really not the Administration's, but ours and I
don't mean to be critical J. L. of our system, but this thing of starting at
1:30 in my opinion is not working out. And the reason it isn't working out
is if you will look at the average of what time we are ending up our meetings
for the past two and a half months that we have had this new schedule. There
is not one meeting that has not broken up before midnight.
Mr. Plummer: Well, Mr. Mayor, you know I... first of all we are both out of
order by talking and there has been a motion made without a second. But on
this other...
Mayor Ferre: You are right, I beg your pardon. There is a motion made for
deferral, is there a second to the deferral motion?
Mr. Plummer: I second the motion. Now, under... speaking to your other
point Mr. Mayor, you might recall that when we spoke of starting meetings
at 1:30 or 1:00 is what the original proposal was that we do so keeping in
mind whenever possible that we would have a third day exclusively devoted
to zoning and I... Mr. Mayor, you know, when I proposed this it was because
of a personal problem I had at home, but I want to tell you t;►at as far as
my business is concerned by starting at 1:00 in the afternoon it has been
very beneficial to me and to my business. So...
Mayor Ferre: J. L., I certainly... as I said I'm willing to continue the
process, but we have to understand that it has some burdens and some of the
burdens are that we have to work very, very late hours. Now, I would accept
that we meet a third day for zoning matters.
Mr. Plummer: I have no problem with that.
2619
134 JUN 80
Mayor Ferre: I mean, I don't have any problems if the rest of the Commission
doesn't, but we will discuss that later on. Right now we have a motion and
a second for deferral to the loth.
Mr. Plummer: Mr. Mayor, I in the deferral thing... I would like to ask that
it and I'm sure that it is possible, at no disrespect to any of the speakers
that spoke other than Marilyn Reed. I have the highest regard for Marilyn
who has been in this environmental area for a great deal of time and that
doesn't speak to you who are just now getting involved, but she made a
comment that bothers me that some of our applications need correcting and I
would hope that the Administration would listen to Mrs. Reed hopefully making
whatever correction are necessary in this interim time that when this matter
is brought back to us that any matters that need correction hopefully can be
done accordingly. So I just make that as a request.
Mayor Ferre: Further discussion from the Commission, if not, call the roll
please.
The following motion was introduced by Commissioner Lacasa, who
moved its adoption.
MOTION NO. 80-476
A MOTION TO DEFER CONSIDERATION OF APPROVAL OF A DEVELOPMENT
ORDER FOR THE WATSON ISLAND DEVELOPMENT -A DEVELOPMENT OF
REGIONAL IMPACT -TO THE MEETING OF JULY 10, 1980, COMMENCING
AT SEVEN O'CLOCK P.M.
Upon being seconded by Commissioner Plummer, 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.
32. FIRST READING ORDItiA.NCF: Amend 6871 - Art. XXV-Base Building lines
new subsection: 1st Avenue NE & SE, NE 2nd Street S to SE 2nd St.
35'
Mayor Ferre: Now, we are on Item N5 at this point. So... this is an application
to amend Ordinance 6871, Articles 25, Base Building Lines to insert new
Subsection 68 to Section 1. The Planning Advisory Board recommend it six
to zero. There were no objectors. Alright, who was the originator of this
application?
Mr. Perez: It was the Planning Department.
Mayor Ferre: Are there any objectors present on Item 5, if not, is there
a motion? Is there a motion on Item 115?
Mr. Plummer: What is this accomplishing? Tell me what are hoping to
accomplish by this.
Mr. MacManus: Mr. Commissioner, the effect of this is to reduce the zoned
street width of Southeast 1st Avenue South of Southeast 2nd Street approximately
a hundred twenty feet from seventy feet to fifty feet. That is... fix that
in vour mind. That is immediately next to the site of the proposed World
Trade Center.
135
Mr. Plummer: I move Item 05.
Mr. Lacasa: Second.
Mr. Plummer: You can't you are running the meeting.
Mr. Lacasa: Oh, that's right, I'm running the meeting. Do I hear a second on
Plummer's motion.
Mr. Carollo: Second.
Mr. Lacasa: Seconded by Carollo, under discussion? Call the question.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871,
THE COMPREHENSIVE ZONING ORDINANCE FOR
THE CITY OF MIAMI, AS AMENDED, BY DELET-
ING SUBSECTION (68) OF SECTION 1, ARTICLE
XXV, BASE BUILDING LINES, AND INSERTING
A NEW SUBSECTION (68) TO READ AS FOLLOWS:
(68) 1ST AVENUE NE AND SE., NE 2ND STREET
SOUTH TO SE 2ND STREET....... 35'; BY REPEALING
ALL ORDINANCE, CODE SECTIONS OR PARTS THEREOF
IN CONFLICT AND CONTAINING A SEVERABILITY
PROVISION.
Was introduced by Commissioner Plummer and seconded by Commissioner
Carollo and passed on its first reading by title 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.
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.
3. DEFERRAL OF REQUEST FOR CHANGE OF ZONING
3215-45 Aviation Avenue
Vr. Plummer: May I inquire Mr. Mayor, on Item 6? According to my upgraded
latest agenda it said that this item has been withdrawn.
Mayor Ferre: That's right.
Mr. Plummer: Huh?
Mayor Ferre: That's correct.
Mr. Plummer: Well, Mr. Mayor, I don't know if all of you are aware that the
attorney for the applicant is Mr. Jack Rice who is in intensive care at
Doctors Hospital and I'm just wondering if in fact it was the intent to
withdraw the application or to defer because the attorney was not able to
be present.
Mr. Pere?: It's a matter of semantics. We are withdrawing it from this
hearing to be rescheduled for a...
13s JuN2611420
4
Mr. Plummer: Sir, I'm sorry. In the future withdrawal in the past has
always meant the item was withdrawn. And it prompted a new...
Mayor Ferre: Mr. Plummer, in the interest of time let the record reflect that
you are correct. That this item has been deferred and the Administration will
in the future refer to items that are deferred as deferred and items that are
withdrawn as withdrawn. Mr. Mayor for the record so there is no problem
Mr. Plummer: Mr. Mayor, for the record so there is no problem and the second
fee and that's what I'm getting at.
Mayor Ferre: A second what?
Mr. Plummer: A second fee...
Mayor Ferre: Yes, we all understand is extremely expensive.
Mr. Plummer: I offer a motion that the matter be deferred. Only the Commission
can do that.
Mr. Lacasa: Second.
Mayor Ferre: There is a motion that Item 6 be deferred and there is a
second, call the roll on the deferral of Item 6.
THEREUPON THE FOR.EGORING MOTION TO DEFER AGENDA
ITEM NO. 6 to the next commission meeting was
introduced by Commissioner Plummer, and seconded
by Commissioner Lacasa, and was passed and adopted
by unanimous vote.
34. APPROVE APPLICATION FOR P.A.D. - 1581-97 BRICKELL AVENUE
205 residential units
Mayor Ferre: Take up Item V . This is the application by City National
Bank for a planned area development at 1581 Brickell Avenue. The Planning
Department recommends denial. The Zoning Board recommended it seven to zero.
There were two objections by mail, one objector present at the ZB meeting
and one reply in favor by mail. Are there any objectors present at this time?
This is one here and one potential objector outside. I assume that you wish
to be heard. Alright, will the...
Ms. Janet Waldman: Mr. Mayor, I presented to the City Attorney, Mr. Knox
a letter regarding a request for deferral for inadequate notice and inadequacy
of the application.
Mayor Ferre: Alright, Mr. City Attorney would you give us your ruling on the
legal question on defbrral.
Mr. Terry Percy: Mr. Mayor the letter Ms. Waldman is referring .to centers
on factual questions as to whether or not the City in taking the-,,plication
deviated from the normal procedure in requiring information and I'm advised
by Mr. Perez who takes the applications that there has been no departure
from routine procedures...
Mayor Ferre: There has been?
Mr. Percy: Has not.
Mayor Ferre: There has not been.
Mr. Percy: And we are satisfied with the adequacy of the application.
Mayor Ferre: Alright, then will the Administration present it's position.
We will then hear from the proponent and then from the opponent. Now, how
long will the proponent take?
137
WHEREUPON the City Commission recessed F• 11:20 and
reconvened at 11:30, with all members of the City
Commission found to be present.
Mayor Ferre: Alright, go ahead.
Mr. Whipple% Mr. Mayor and members of the Commission, Richard Whipple, City
of Miami Planning Department. The Planning Department recommends denial of
this application. We feel that the request for a floor area ratio of 2.68
is much in excess of that, that should be permitted in this area and that has
been permitted in this area and that the applicant should comply to the floor
area ratio of 2.2. Commensurate with the floor area ratio request are
considerable requests for deviations of the sideyard under the planned area
development ordinance. Side yards in the vicinity are on the average of a
hundred eight or provide where a hundred seventy feet are required under
developments of this type. We feel that the development in total is far in
excess, number one, on what has been granted and what should be permitted to
provide for a reasonable living environment and for reasonable development of
this site. If you would like me to get into more detail as to this project
or other projects I will be glad to. Otherwise, there is our recommendation
for denial.
Mayor Ferre: Alright, Mr. Dubbin? Is Mr. Dubbin ready for his presentation?
Ms. Waldman: They are still conferring on the adequacy of the notice.
Mr. Plummer: I thought that had been resolved.
Ms. Waldman: It's not adequate, sir. It does not state two of the five
lots that are apart of the application and there is no reason whether they
are submerged land or upland that they should be considered. As long as they
are noticed they are not... the item is not properly before you. You can't
have five lots and only notice three and that's what's happening here except
that they are really having six. They really haven't mentioned three out of
six lots, not two out of five.
Mayor Ferre: Counselor?
Mr. Murray Dubbin: I believe Ms. Waldman is suggesting that the submerged
lands which are adjacent to the uplands for which the PAD is being applied
for does not appear in the notice. It's our position that the application
for planned area development is an application for planned area development
of the upland land. The submerged land requires absolutely no action on the
part of this Commission in order to make use of this land for its intended
purpose and committed purpose which is the aquatic garden or marina. There
Is absolutely no permit...
Mayor Ferre: So your position is that this was an adequate permit... I mean,
an adequate... excuse me, an adequate advertising of...
Mr. Dubbin: Our position is that the notice was adequate. The advertising
was gdequate. The public upon reading the notice knew that they had the
plans available to inspect.
,'mayor Ferre: Well, this is a matter that the City Attorney must determine...
Me. Waldman;. May I just give a last information on it?
Mayor Ferre: Yes, Ma'am.
Ms. Waldman: Mr. Mayor, the submerged land is being considered as part of
the lot area for calculations of floor area ratio, lot coverage, setbacks and
so forth. It is considered as part of the application for all the calculations
and all the determinations. The position of Mr. Dubbin is that the marina
is a separate entity that does not belong before you tonight. I will urge
that later, but I'm telling you that if they want to count the land they
have got to have it in the application. On Santa Maria application which
was the previous application that included submerged land. The notice said
"and submerged land lying Southeasterly" and listed the lots. It noticed
the submerged land. This application dcnc not. Furthermore, on Santa Maria
there were a hundred thirty yard setbacks on each side average and yet the
applicant had to notice the lots that were contained in the hundred thirty
yard setback just because the building wasn't on it. It was part of the lot
area that was calculated in just as the submerged land is here. It is
13 % JUN 251981)
impossible for me to believe that the City Attorney would not see that this is
part of the application and must be noticed.
Mayor Ferre: Mr. City Attorney?
Mr. Percy: Mr. Mayor, technically Ms. Waldman is correct in that the reference
to the submerged land was not included in the notice nor is it contained in the
proposed resolution before you. But we are maintaining that for the purpose
of this application and this development it has no legal significance in that
no one is prejudiced by the omission of this particular reference. The lots
are going to be developed on the upland and the persons who are going to
contest it are here and it has no real import.
Ms. Waldman: All the people who are not here tonight who are neighbors are
prejudiced because they did not receive notice. Mr. Percy if you have done
your research on the adequacy of notice you will know that if there is not
adequate notice that the Commission and the Zoning Board never had jurisdiction
to hear it and any action that this Board would take would be null and void.
And everyone is prejudiced. People who didn't know that the submerged land
was included is prejudiced. I speak for all the citizens of the City of Miami
who are to read the notice that was technically incorrect by admission of the
attorney.
Mayor Ferre: I think you have stated your objection into the record. The
attorney for the applicant has stated his position. This Commission has
always been guided by the rulin„ of the City Attorney and I will once again
r.^k you whether or not you feel that we can hear this at this time.
Mr. Percy: We are of the opinion Mr. Mayor that the public has not been
prejudiced.or advirsely-tmpactV by tVs tecknicaliV and that this matter
can be heard.
Ms. Waldman: The people are entitled to notice. Your attorney has admitted
that the notice is inadequate. You will be doing a disservice to the people
you represent if you don't have the adequate notice.
Mayor Ferre: Ms. Waldman, the Chair rules that we will he guided by the
ruling of the City Attorney unless there are three votes on this Commission
to overrule the Chairs ruling. Proceed.
Mr. Dubbin: Mr. Mayor and members of the Commission...
Mr. Plummer: Excuse me, Mr. Dubbin for the record I would like the Mayor
to ask the question he asked again. You have heard the arguement put forth
by Ms. Waldman, you have heard the answer of the City Attorney. Do you wish
to proceed hearing that conversation?
Mr. Dubbin: Mr. Plummer I do.
Mayor Ferre: Mr. Dubbin proceed.
Mr. Duh'in: Mr. Mayor and members of the Commission, my name Murray Dubbin
of the firm of Dubbin Schiff Berkman and Dubbin, 444 Brickell Avenue, Miami,
Florida. With me tonight is my associate Andy Morber and of course, with
ite are part of the applicants for the PAD together with their consultants
some of whom will have a part of the presentation to make this evening. I
represent City National Bank as Trustee under trust #5003138. This is a
trust fifty percent of the beneficiaries are Regina Interiors, :L,C. The other
fifty percent is Mr. Bernard Shinholts as trustee. I give you this so you
will be aware of the parties who are the true applicants. A little bit about
the history and by the way before you on the easel I would like to introduce
you to a perspective of the proposed Villa Regina which we feel will be the
queen of Brickell Avenue, certainly a majestic structure. The plans before
you are plans for the development of the upland property which on the screen
up there you can see identified as lots 42, 43 and 44 and it's out with a
cross on it and outlined in yellow. The plans that are before you for
consideration for a planned area development--- I'm stating this so that we
will have this on the record and it will be part of the record in the event
there is any question about it--- are the plans that are the same as those
that were originally dated received March 18, 1930 by the Department of
Zoning Administration with one exception. There was an original filing on
approximately that date with plans received that date and marked that date.
Subsequently the developers made a decision that in the interest of improving
139
C
the quality of the structure the existing floor... distance between the floor
and the ceiling as those plans demonstrate of eight feet that the quality would
be improved by increasing it to eight and a half feet. This increased the
overall height of the building by approximately eleven or twelve feet and in
my judgement required an amendment to the plans and a renoticing which in fact
took place. So the plans before are the plans as originally filed with
supplemental drawings reflecting elevations which in fact reflect a difference
of six inches in each of the apartment floors. The plans before you are in
fact with that one difference. The plans that were present to and considered
by the Urban Development Review Board on February 16, 1980. Before you in
your packet you should have the recommendations of the Review Board which
considered it and actually came back with a recommendation of approximately
four hundred... of a structure of approximately four hundred fifty-three
thousand square feet. The structure you see before you is a structure who's
area would be approximately four hundred seventy-n{ne thousand -square feet.
After the amendment to the plans and the refiling the... Mr. Whipple of the
Planning Department apparently consulted with the Chairman of the Urban
Development Review Board and there is a memorandum of May 21, 1980 contained
in the file of the department to the effect that upon conferring with the
Chairman of the tTDRB I have determined that the change of building height
was not a significant impact to require a rereview by the Board. So that
is the status of the matter that's before you at this particular time. I
would like to cover briefly the... what a planned area development is,
because you may hear a lot of numbers tonight. The opponents are particularly
concerned about numbers, but you planned area development ordinance which is
ordinance number 31, that's Roman numeral XXXI-I and I'm going to cover what
I consider pertinent parts. I'm not omitting anything that I think would
hurt me. I'm just in the interest of time I want to give you what... a brief
summary of what is actually before you for consideration. This is the intent
of the PAD ordinance "flexible, comprehensive development purposes where it
tracks suitable in location and character for the uses in structures proposed
are to be planned and developed as units". Sole discretion by the way is
vested in the City Commission for the issuance of a planned area development
permit. Later in the intent it points out "flexibility in the arrangement of
the structures, opened space on the pedestrian and vehicular circulation
pattern is permit in order to encourage the best utilization of the land
on which the development is being constructed". And it is the intent of this
section to promote and encourage development in this form where appropriate
in location and character. Later on Section 3 under Article 31 it points out
that among the criteria to be used shall be the location and nature of the
PAD with respect to intended functions and the pattern of development existing
or proposed of the general plan or other officially adopted plans and to the
public and private facilities and services existing or clearly to be available
by the time development reaches the stage they will be required... in other
words, the services that the plan requires should be available. Certainly
everyone recognizes that in this particular area between fifteenth and sixteenth
roads extended on Brickell Avenue the services are there. Standards for PADs
in relation to major transportation facilities. One of the standards is to
assure a minimization of the creation or generation of traffic along local
or collector streets in residential neighborhoods or other districts outside
of the PAD. Certainly this project qualifies to meet that particular standard.
In relation to public utilities and facilities and services. Such PAD district
shall be so located with respect to necessary public facilities as to have
access to such facilities in the same degree as with development permitted
Wider existing zoning and shall be so located, designed and scaled that access
for public services is equivalent to and net cost for such services is not
greater than access and net cost for public services for development as
permitted under existing zoning. Under existing zoning instead the two hundred
units that are proposed for this project you would potentially have well over
three hundred without any variances whatsoever." So this particular standard
is fully met. A further criterion is the applicants agreement to provide
adequate and appropriate facilities, utilitieq or services approved by the
City Commission to meet the needs of arising out of the PAD. Of course,
the applicant is certainly willing to make that agreement and live up to it.
The purpose is to insure a better urban environment. A minimum of three
acres is required. This particular project the uplands consists of four
point one approximate acres and is well within the definition for minimum
area requirements. Use, spaces, density, floor area ratio. The distribution
of these permitted principle and accessory uses, density, opened spat- and
floor area ratio and other regulations or deviations therefrom shall not
be affected by existing zoning regulations, but shall be subject to the
approval of the City Commission." That means that you have the sole and
140 JUN 261980
exclubive direction within the standards I have just read and the criteria
to make a judgement for the approval, disapproval or otherwise of this planned
area development. So that's what we have. Let me briefly describe the
building. This building located at approximately 1581-1597 Brickell Avenue
consists of three upland lots. They are two hundred ninety-nine feet wide and
they range in depth from five hundred seventeen to five hundred sixty-eight feet
from the right-of-way line to the existing sea wall. The upland square footage
area is approximately a hundred sixty-one thousand seven hundred fifty-six square s
feet. The owners and developers also own an adjacent thirty-seven thousand
nine hundred ninety square of submerged land which is committed for purposes
of the development of an aquatic garden for use consistent with and is part of
the use for the planned area development being requested on the uplands. As
you will be advised as I say to you there is no request to this Commission
or to the City for any variance, any unusual use, conditional use for the ust
of the submerged lands which are presently permitted by the permitting agencies
and I will cover that a little bit later briefly. The total gross property
including the submerged land would be a hundred ninety-nine thousand seven
hundred forty-six square feet. When you exclude the seventy foot easement
which the developers must and will give to the City for the development of
the access road adjacent to Brickell Avenue as of when the time comes it leaves
a net of a hundred seventy-eight thousand seven hundred forty-six square feet
of real estate for this purpose. The application contains an application for
two hundred five units. I will tell you that the two hundred five units was
in the interest of taking care that if on readjustment of apartments an increase
of number of units took place, we would at least not have a flexibility of
five units. The proposal though is for two hundred units and that's what's
planned. The architects will give you some information relative to the possible
reduction in the amount of units. Tlie units consist one, two and three
bedrooms and several custom suites. They range in size from nine hundred
fifty square feet for the smaller units, the studio apartments to three thousand
.square feet for the three bedroom of more luxury apartments. The average
size unit is nineteen hundred twelve square feet. This by the way includes
one unit which we refer to as the Morley suite of approximately eighteen
thousand square feet. The height of the structure from average grade to the
main roof is two hundred eighty-six feet seven inches. This consist of two
parking levels, a parking level which is shared with the lower plaza and an
entrance way, an upper plaza level which contains public space and three
apartments and twenty-six levels of apartments, including on the top floor
an eight thousand plus in square foot proposed spa facility for the structure.
The floors will he ccnu,trueted of. eight inch slabs. As I pointed out to you
it would be eight and a half feet from floor to ceiling and that gives you
a brief resume of some of the structures of the building. The building sets
is the first building to completely conform to the new Charter provisions
relative to setbacks from the Bay. There is a clear fifty foot setback that
you can see in the aerial perspective before yoit.The view from the Bay
across the aquatic garden. The side... the view corridor is exactly as
prescribed by the Charter thirty-seven and a half feet on either side and
the structure as I say is the first one that completely complies with your
new Charter provisions. The front setback is a hundred seventy-nine feet
six inches from the property line to the main building. That's the tower
structure. It's a hundred forty-two feet from the property line to the
accessory structure. We consider this a strong amenity as did your Urban
Development Review Board. The usable open space, required usable open
space is forty-one thousand square feet. We have seventy-four thousand
tour hundred twenty square feet. The lot coverage as stated by the Planning
lepartment is... they stated at thirty-six point fifty-three with a maximum
of thirty-five which is mighty close. Nobody has• ---I will say this--- raised
any concern about lot coverage, setback. This has never been an" ..pressed
concern of any consequence by the Urban Development Review Board, the Planning
Department. Ms. Waldman has expressed concern about everything, including
the color of my tie. So I don't count her criticisms. On the aquatic garden...
presented to you on the easel is a rendering of the proposed aquatic garden
which is the... consist of a marina and its amenities which I will let one
of our consultants explain to you. This marina is fully permitted. It has
Department of the Army Corps of Engineers permit #80(3(008)issued January
2, 1980 and it has Department of Environmental Regulation permit #DF13-20223-6E
dated January 10, 1980. The permit is for the three piers that you see
extending. I will tell you that the three piers will extend... none of the
Piers will extend in excess of twenty-five feet beyond the existing City of
Miami bulMhead line and that there is absolutely no reason or need for any
request for a conditional use for the construction of this structure. The
slips and docks will be owned by the Condominium Association. They are non-
141
1
I
commercial private docks. And responsibility for the maintenance and repair
will be perpetually vested in the Condominium Association. I would like to
call Dr. Fred Blitstein to come forward. Dr. Blitstein served as consultant for
the development of the aquatic garden and I would like for him to describe
briefly its contents.
Mr. J. Fredric Blitstein: My name is J. Fredric Blitstein, 285 Sevilla,
Coral Gables, Florida. The marina as you see was the first one designed in
this manner on Biscayne Bay. It is the first marina facility to be designed
taking into account the fifty foot setback rule and the pedestriain access
along the Bay which the City of Miami has mandated in all of its new waterfront
developments. It has had a complete biological and environmental review by
each of the permitting agencies and as Mr. Dubbin has mentioned to you has
recieved all of its required State and Federal permits. The docking facility
is unique in many respects. It doesn't only serve as a marina which it obviously
is, but serves as a pedestrian walkway. An access to the Bay without filling,
without dredging, without degrading, without causing environmental damage to
the area. Certain characteristics of the marina are somewhat unique. As you
can see, there is approximately a seventy foot setback area on the first pier
and the bulkhead. The applicant gave up over one third of the usable marina
space in order to preserve the sea grass beds, the felacia sea grass beds
which are in the are. In addition to that the walkways which provide pedestrian
access to the boating facilities are a series of open grates which will
provide sun light penetration to the felacia beds below. This was mandated
by the Department of Envlrmental Regulation. The piers themselves will have
benches, lighting systems, trees, planters. They will tie into the pedestrian
walkway which fronts the entire front of the property and act as a pedestrian
amenity and I emphasize the word "pedestrian" because this is the... this is
something which has been negated in past planning which respect to marina
facilities. So this one then in retrospect has all of its permits, all of its
environmental reviews, meets every single environmental standard required by
each of the agencies and is in complete compliance and sets the precedent for
the City of Miami fifty foot setback requirement and pedestrian use of Biscayne
Bay.
Mr. Dubbin: If there are no questions of Dr. Blitstein, I would like to call
on Mr. Bill O'Leary who is our landscape architect to... Bill, tell them about
the landscape plan and the vegetation use.
Mr. Bill O'Leary: My name is Bill O'Leary and the firm is O'Leary Shafer
Cosio Landscape Architects of South Miami. We have worked very closely with
the architects in preserving the vegetation that exist on site. There is a
lot of vegetation. It's been there quite some time. It's worth preserving and
to be precise there are a total of a hundred seventy-four viable trees on the
site that have been documented by survey in our own inspection. We are going
to retain sixty-six in many of these major trees without disturbing them at
all. We are going to relocate one hundred eight other trees into other opened
areas on the site itself. Over and above that we have worked very closely
with Mr. George Campbell of ale Public Works Department to make sure that
within the seventy foot dedicated right-of-way on Brickell Avenue adjacent to
Brickell that we have been able to provide the future dedication thirty foot
access. The access road that will eventually parallel Brickell Avenue. We
have done that in such away that we are not disturbing what in effect is the
existing hammock along Brickell Avenue. We have also been very conscious of
tie impact of this project to neighboring projects. So consequently we have
taken the roof decks and in effect created landscaped gardens out of the roof
decks themselves. As Fred Blitstein has mentioned there is a pede:.E.rian, a
wooden pedestrian board walk that will abut the waters edge and in effect
act as a transition area between the pool and recreation area and the marina
itself.
Mr. Dubbin: There are no questions of Mr. O'Leary. Thank you. I would like
to now call on Mr. William Dorskey architect to tell you a little bit about
the building, its amenities and from his point of view. Bill?
Mr. William Dorskey: Thank you Murray and members of the Commission. My
name is William Dorskey. The firm is William Dorskey Associates, Architects
and Planners. Our Miami office is at 444 Brickell Avenue. I won't repeat
most of the figures and statistics that Murray has explained to you it would
just be repetitious. I would only like to tell you some of our thoughts and
our approach to the design of the building and expand on them. Our basic
142 JUN L E. 1980
6
approach was to create a truly luxurious building. In doing so we chose to
turn the building cant it on an angle as you can see in the renderings. We did
this to afford virtually all of the suites a view of the water. Actually about
forty percent of the units also have a view of the City in addition to the water.
As part of our approach to create a truly luxurious building it was important
to us to have very large suite. This concept as opposed to taking the stand
economically and playing it safe of building a home next door to your neighbor
that is smaller and cheaper than his. We wanted to retain the large suite
atmosphere. As Murray explained to you we are just under two thousand square
feet as far as our average suite size and this is based on roughly two hundred
units in the building. Frankly, if the current trend stays we are in the
process of combining a lot of the suites in addition to making one suite which
is in excess of eighteen thousand square feet. So we are just below two thousand
square feet average per suite. We strongly feel we will get larger. As far as
the amenities Murray explained them all. We have a coffee shop,.card rooms,
lounges on the ground floor, We have an eight thousand square foot health spa
on the top floor of the building which is primarily for tenants of the building.
We have a luxurious pool that you can see in the rendering on the right on the
floor which is actually on grade. We have a sundeck on the roof in addition to
that. All the parking in the building is covered and as a means of softening
the pedestal as you can also see on the rendering on the right which is taken
from a balcony looking, down at the pool. We have very large extensive planter
areas that screen the actual pedestal coming out of the ground. We feel frankly
that this building which is on tht� site which is really the last site on this
stretch of Brickell Avenue will be a truly luxurious building. Thank you.
Mr. Dubbin: Alright, Mr. Mayor and members of the Commission, now that is a
brief resume of what the structure project is. What it consist of and what
it proports to be. We are very proud of it. We think it's going to be the
most magnificent structure that's on Brickell Avenue. The...
Mr. Carollo: Not more than Santa Maria, is it?
Mr. Dubbin: It is not as big as Santa Maria.
Mr. Carollo: No, I'm saying not more magnificent than Santa Maria would it?
Mr. Dubbin: Well, we think in a smaller way it will sort of just compete
and be a little bit better. The problem we run into in our discussions with
the Planning Department are really very simple. They think it's too much
bulk. So what I have ask our architects to do is to prepare a silhouette
showing a view of the area from the bay and you will see starting from the
right is the palace and then is Villa Regina. The palace you will see is
three hundred fifty-five feet high from average grade to the top of the main
roof. Villa Regina is at two eighty-six foot seven inches. The Imperial
is smaller. It's a hundred sixty-two feet and Santa Maria is at four hundred
twenty-four feet from average grade to the top of the main roof. The view
of this to me is one of the clearest demonstrations that the bulk of Villa
Regina is not... has no adverse aesthetic impact on the overview of that
area. In fact it fits in quite comfortably as far as I can see. I would
like to point out that the Planning... the Zoning Board unanimously voted
to approve the application as presented. Some very fine comments including
one that last Miami has come of age and I'm proud to propose and support
this project. Frankly, I'm proud to present this to you and our applicants
aTe proud to have developed and to propose the project. They have given up
large population intensity for a smaller population intensity taking care of
a smaller number of people in housing that is really quite luxuriou- and again,
as far as I know the sizes of the apartments themselves averaging at
approximately two thousand square feet are the largest average size on that
entire street. And I feel that it's really not fair to be criticized because
if we wanted to go for three hundred units we could in a smaller building
we would fit well within the zoning code and come up with a product that we
wouldn't be as proud of. With that I will rest or answer questions if you
would like.
Mayor Ferre: You took exactly thirty minutes, so...
Mr. Plummer: I would like to know Mr. Dubbin is in fact the eighteen thousand
square foot unit of Mr. Morley is available for public functions for thi-
City and do you so donate on six occasions a year.
Mr. Dubbins: Bamitzvah and...
143 - .... ^ .
Mayor Ferre: Eighteen thousand square feet?
Mr. Plummer: Eighteen thousand square feet ?
Mayor Ferre: In one apartment?
Mr. Dubbin: Its one apartment. It's a three story apartment...
Mr. Plummer: What's the total floor in this thing?
Mr. Dubbin: It will cover three floors. Not entirely, a portion of three
floors. Bill can you show them where it...
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Are you the architect?
Mr. Dubbin: Yes, Mr. Dorskey is the architect.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Yes, bowling alley, movie theatre and the whole thing, huh?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: That's next. Ok.
Mr. Plummer: Let me ask you one other question, because in your presentation
Murray you have made a concept which to me financially sounds foolish, but I
wonder is it really? And I would like to know your thinking behind the
concept of the sauna and everything on the top floor.
Mr. Dubbin: That was an architectual decision. I think that, that's one
of the amenities of the building. One of the things that would induce people
to want to buy apartments there. As to... that's the only answer I can give.
If anyone has a better one than that... it also I think brings people closer
to the sun so they can sun themselves on the roof and go up from the sauna.
I don't believe the developers planned as a money making thing although, I'm
not mislaying that outsiders may not be able...
Mr. Plummer: Just may be it is.
Mr. Dubbin: Well, it might be.
Mr. Plummer: Yes, because you know, most all of these buildings around
either are penthouses or are a restaurant or something like that. It might enhance
the individual sales by virtue of the fact that the top floor belongs to
everybody.
Mr. Dubbin: That's basically what they had in mind.
Mayor Ferre: Alright, now for the opposition, you have a half an hour.
Mb. Janet Waldman: Thank you. For the record my name is Janet Waldman. I
live at 1901 Brickell Avenue. I own that property. In responsetcc the
standing question that Mr. Dubbin raised before the Zoning Board; I would like
to report to you all that although I presently do not live within the three
hundred seventy-five foot radius I own a contract on an apartment immediately
adjacent to this property. The property has not yet been constructed and
so I don't have title to it, but I do have beneficial and equitable interest
in it and therefore, I believe that there is no question that I individually
have standing. Second of all I would like to mention to you...
Mr. Plummer: Which building?
Me. Waldman: The Palace. Immediately to the North.
Mr. Plummer: For my own information, what floor is your reservation on?
Me. Waldman: Twenty-six and my mother is going to be right next door to me.
So she can keep an eye on me. Second of all I am the President of save Brickell
it
144 JUN261980
4 0
Avenue, Inc. which is an incorporated association of property owners within the
immediate area of Brickell Avenue. We are a registered corporation with the
State of Florida and the corporate address is also 1901 Brickell Avenue and the
corporation as I said consist of property owners. I represent all the members
of that organization. Due to the inadequate notice I feel that I have the
duty to represent everybody else who isn't here who would be if they had, had
adequate notice. And I will not burden you nor take the time to go over the
notice arguments, most of them are in the letters, in the letter that I have
written to you all...
Mayor Ferre: We appreciate that and I'm sure you will be able to present those
in court at the proper time Ms. Waldman.
Ms. Waldman: I wish I didn't have to Mr. Mayor, but I may be forced to. I'm
going to present this to the Clerk and one copy to pass among you, it's the
only I have, if you are interested to look at. The second item which is not
clearly expressed in the letter which I would like to point out to you is the
fact that the UDRB evaluated plans that were not the same as what is before you
and that were not different only in the matter of height of the individual
floors. As confirmed to me earlier today and I saw with my own eyes when I
was down at the Planning Department the plans involve different heights of the
main building where the first six or eight floors were a wider building
narrowing at the top which created a change in the permitted lot coverage and
although I don't know for a fart, I believe that the Planning Department
recommendation was based on those same plans which are materially different
from those which are before you tonight. I will also report to you that in
MY meeting with Mr. Dubbin he indicated that he was aware of those plans and
that those were indeed the first set of plans. So when he stands here and
tells you that the first set of plans were identical except for the difference
in height I suggest that he has made a misrepresentation to you. And I also
suggest that therefore, because the UDRB report was dated April 3rd when the
revised plans were not submitted until April 24th, that the entire UDRB report
should not be considered by you today. I will go back because I forgot one
thing. In support of the standing arguement of the association I would merely
like to cite two cases Upper Key Citizens Association, Inc. versus Wedel,
341 Southern Second 62 Third District Court of Appeals 1977 and Scagg Albertsons
versus ABC liquors, Inc. 363 Southern Second 1082 Supreme Court of Florida
1978 which grants associations like, save Brickell Avenue, standing to chanllenge
the procedural issues that are involved such as whether notice is adequate.
A number of issues are raised as a result of the attempt... let me retrack
that. A number of issues are raised as a result of the statements by the
applicant that there is a City of Miami bulkhead line. I have explained this
to the Zoning Board. I have explained this I believe to the City Commission
that in 1975 Florida's Legislature passed a statute which not only revoked
the permission of all local municipalities to establish bulkhead lines, but
revoked all bulkhead lines that had been established under that previous
ordinance. As a result by statute... by Florida Statute 253.1221 the bulkhead
line is the mean high tide line. I have an affidavit from Collin Morsey of
Dade County so stating and the reason why it is so important that we are talking
about the Dade County bulkhead line is because the City ordinance... the City
of Miami ordinance refers in two place in the R-5A zoning and in Article 4,
Section 23 specifically to the established Dade County bulkhead line. I'm
now passing the affidavit. As a result of the Dade County bulkhead line
being on the shore line rather than on the... two hundred foot or so out into
the water line as the applicant would prefer you have it there are a number of
results. Number one, since most of them are already technically in the record
I will just tell you about it in normal conversation. As a re,•_: c the submerged
land is not zoned R-5A, it is zoned R-1. The permission... what is permitted
for marinas in an R-1 district is a maximum of three slips per lot. That would
entitle the applicant to nine marina slips, not fifty-one. As a result the
floor area ratio for the submerged land is significantly less than that permitted
In an R-5A zone. It must be prorated as stated in the PAD ordinance and as
a result tht• permitted maximum floor area ratio is significantly less than what
would be permitted otherwise. And as a final result it means that the applicant
in order to have any marina at all, since the marina he is proposing goes
beyond twenty-five feet beyond the established official Dade County Bulkhead
line as provided to you and shown to you by the only competent evidence before
you means that he must apply for conditional use approval. The other thing
that it does is it requires additional setbacks from the side yard line beyond
that that would be required if he didn't go more than twenty-five feet beyond.
If he didn't go more than twenty-five feet beyond he would be required to have
fifteen feet between the side line and the dock. And that is what is being
provided. However, pursuant to Article 4, Section 23, Subsection 2, b3 under
that there is an additional requireme t that makes the requirement ninety-five
149 1uN F?j619W
er ION
feet from each sideyard line. When Mr. Blitstein said that they were in
complete compliance of all the City Codes, that was not true. I will pass
out now some other documents that I will explain when I'm done passing them out.
I might mention for the record that I'm very concerned that Commissioner
Carollo is not present and hasn't been for awhile. The larger sheet contains
all the figures in detail, but the important ones are highlighted on the smaller
sheet. The calculations are based on upland area only which is not only the
way I believe and my organization believes that the figures should be properly
interpreted, but the only way that you can make a valid comparison to the other
properties in the area and the other properties you have been dealing with,
because that's the kinds of figures you are used to dealing with. The first
figure on the short sheet of highlights deals with the principle structure
lot coverage and here is one place where you can see the UDRB report is
inaccurate because it talks about permitted lot coverage of over thirteen
percent when it's very clear in the ordinance that for a building of this
height the maximum permitted is eight percent. This applicant -is asking for
11.895 percent lot coverage. This is significant. This is massive. Mr.
Dubbin says that you are going to hear me being concerned about figures, but
you and I sitting here looking at a small drawing we can't judge the proportion.
The reason that there are figures is because it's the only way that we can
make sense. We can make heads or tails out of it. The Palace had a permissible
twelve percent lot coverage and they provided 9.1 percent. To the best of
my knowledge there is no application, no building that has been approved that
has gone any where near this high over on principle lot coverage. You are
dealing with an enormous principle structure foot print on the lot, much too
big. The figures for the square foatage of maximum parking permitted speak
for themself. Total lot coverage maximum permitted is 22.866 percent. They
are proposing over 46 percent more than double what is allowed. I will point
out to you also as I have pointed out before that the maximum thirty-five
percent they would like you to believe is permitted is an absolute top figure.
When other sections in the code require more strict compliance that is the
figure that is to be considered and that is what we are dealing with here.
Now, I have always raised sideyard questions in this application and I'm
quite sure that Mr. Dubbin would like to forget the side yard because these
are absolutely the most massive request for deviations that I have seen in
side yards. The required sideyards are hundred forty-eight and a half feet
on each aide and they are providing on the south side forty-seven and a half
feet and from the tower structure sixty-three from a lower portion of plaza
level forty-seven feet. We are talking about on one side over a hundred feet
deviation. As you know, the sideyards are based on the height of the building.
.�ideyards deal with view corridors. Side yards deal with the relationship
of one property to another. It is grossly unfair to me as a potential
resident of the property immediately next door to all the other residents of
the properites on both sides. It is grossly unfair to the citizens of the
City of Miami to whom you all professed an interest and concern for their
access to the waterfront, for their view to the waterfront to permit forty-
seven foot sideyard setbacks when a hundred forty-eight and a half is required.
This is so inconsistent with the position that has been taken by this Commission
publicly that I cannot believe that you would approve these side yard setbacks
as part of the PAD. We do not say that a PAD is not appropriate for this lot.
What we say is that the plans are inappropriate for the size and location of
the project. I would not stand here and opposed the PAD if,it were a reasonable
plan, but this is not as evidence by these key deviations that I'm showing you.
Floor area ratio floors me. The maximum permitted, including bonuses is 2.20
they are providing or requesting 3.403. I will pass amongst you a comparison
of floor area ratios along that street. You can see along the bottom the
lot numbers and therefore you can tell how many lots are involved. Try name
of each particular project. The shape of the building may not be exact, but
the height is drawn on graph paper it just didn't reproduce. So that the
heights are accurate but they are not mentioned in figures here since this
comparison is for floor area ratio. They are all dealt with identically
based on the upland portion only so that you can make a valid comparison
from one to the other. The Palace 2.347. Let's skip Villa Regina. Imperial
right next door 2.40. They came in with a hardship variance. They have the
highest that is currently valid. Santa Maria next door was approved at 2.94,
that's currently in court being challenged and may not end up as big as it
seems. The UTD Tower is 1.648. All of Brickell Place is 2.36. Aquarius
2.399 and here you can see that what Mr. Dubbin and what Dr. Blitstein
represented to you as this project being the last one to come before you is
not true. Brickell Bay Village may not stand, although I agree it's developed
now. But ►hen there are two lots that only are occuried by a single family
home that is absolutely right for development. We will see repercussions
We will see additional applications and I will point out to you that we are
146 �`;:�
going to see on July 7th an application fror. the Imperial for an even larger
FAR, larger building than they already had approved. So you have at least
the possibility... you have the certainty of one additional application
before you and the possibility of at least two. Brickell liar didn't have
an FAR on it, but it's obviously very low. Brickell Bay Club 2.36, Brickell
Townhouse 1.48. These are FARs. The applicant is asking for the equivalent
of three 3.403. Absolutely, by far the highest that has ever been requested
and yet the applicant stand here and says to you this is going to fit in on
the street. This is going be in complete harmony with its neighboring projects.
If you include the submerged land. they are still asking for 2.679 when the
maximum is 2.20. Even Santa Maria which is a height of four hundred four feet
not even taller as Mr. Dubbin said. Only after a 1.92 including the submerged
land. The FAR is so out of line with all the neighboring properties it would
dwarf properties. It will envelop the properties. It doesn't have sufficient
aide yards. It doesn't have sufficient... I won't say it doesn'.t have sufficient
opened space, but it is going way over on lot overage and they are asking for
enormous FAR. I will get back briefly to the marina and pass out some more
papers. I think these are the last. Now, these are information taken from
the Department of Environmental Resources application on the marina. You will
notice that the application on the marina for the Department of Environmental
Resources does not show the plans as you see them before you today. Furthermore,
I will suggest to you that if you were to take a look at the plans on file
with the Department there would he additional deviations. The plans with the
DER don't show the crosswalk between, they don't show the little houses and
there are some other significant problems. Now, although we cannot consider
the marina... I'm sorry. Although, we cannot consider the Urban Development
Review Board report in its evaluation there are certain aspects of it which
are very important. One of the conditions or the considerations upon which
they made their decision even on the old plans was if you will... if you
don't have it I will read it to you. Covenanting the Bay bottom will never
be filled or bulkheaded. Well, if you look at this paper I just handed out
to you and you look at the red circle you will see that it says new bulkhead.
We've have seen this before where they come in and tell one person we are
going to do one thing or we promise we are not going to do something and
then they come in and tell the other applicant "oh, we are going to do that".
They've told DER that they are going to put up a new bulkhead and that was
probably part of the grounds by which they got an approval. And yet they
covenant to the UDRB that they are not going to put in bulkheads.
Mayor Ferre: Janet, I would guess you have got about five or six minutes
left.
Ms. Waldman: I have been watching it, sir, I have a little more than that,
closer to ten. I will point out to you in article 4, Section 23, Subsection
2, B2 that in discussing docks and marinas. In approving the site plans
the Board shall consider among other factors the size, location, design in
extent of the use of dock or pier facilities in relation to the other uses
and conditions on the site and in relation to the Bay the affects on the use
and enjoyment of adjoining and nearby properties. Well, you already know that
by code the docks are closer to the sideyards than are permitted, but if they
are allowed to go as planned they are so close to the side yards that tnere
is going to be an enormous amount of boat traffic in front of the adjoining
properties which will adversely affect the use and enjoyment of the adjoining
and nearby properties and I suggest to you that this is a mandatory consideration
that you are to take into account when you evaluate this project under the
quoted section. Returning to the PAD ordinance itself. Under intent it
doesn't talk about permitting anything that the applicant comes--4n and wants
to ask for. It talks about appropriate and harmonious development. It talks
about flexibility in the arrangement of structures in opened space. It doesn't
talk about flexibility in the amount. Merely in the arrangement which would
mean that you can move it instead of having to sit in the middle of the lot
may be you could put the extra sidevard from one side over on the other if
that kind of flexibility will enhance th, project. But the intent of the
ordinance is not to let somebody go hog wild which this does. Under Section
4 of the PAD it says "criterl.i to be considered by the Commission for approval
of deviations as described above may include, but are not limited to (A)private
renewal and redevelopment that creates a better urban environment through the
assembly of land". There is no assembly of land here or a better urban
environment. NO Providing a public usable open space, etc." There is
no public usable opened space here. This is private to the owners of the
condominiums and the marina. "(C) Clearance of obsolete, blighted or
undesirable building." They are not doing that. "(D) Dedication of the
147 2 6198il
r
waterfront public easements." They are not doing that. (E)Protection and
enhancement of views for the public." They are certainly not doing that with
their forty-seven foot side yard setbacks. (F) Preservation of historical
structures or areas." They are not doing that. The only thing they are doing
is provision of off-street parking which they are obligated to do. They are
not doing this out of the goodness of their heart. In short gentlemen there
is nothing that would recommend such a wide and such a gross deviation from
what is permitted, from► what has been developed on this street to deviate
so much from the harmony of the neighborhood as someone who lives there
on a day to day basis. I can tell you this would severely and adversely
affect the neighborhood because of it's size. Yes, there are some very
attractive and pretty things about this project, but I euggest.to you that
those same factors would be present if the project were smaller. The
landscaping would be just as beautiful, may be even more beautiful if they
had more space to landscape. The parking would remain covered. The marina
or the waterfront facilities if you should find that they should have any
at all could be just as beautiful without over developing this land. Your
professional Planning Department has emphasized that it is over developing
this land. The only things for which they are entitled to bonuses are
already calculated in the 2.2 specially considering that they are including
the submerged land and as a result getting what's in effect a bigger bonus
anyway. There is nothing that has been presented to you by the applicant
to justify these kinds of deviation and my organization I... and everyone
I know who would be here if they had notice of this hearing would ask you
to deny this. And not only to deny it with or to approve it with a lower
FAR and ask that they cut off the floors, because you would still then have
the same problem with the sideyard setbacks and the same problem with the
lot coverage. This project needs to go back. It needs to be redesigned for
smaller lot coverage, for wider side yard setbacks. It need to be before the
UDRB on the actual plans instead of on different plans. It needs to be before
the Planning Department on actual plans, not on different plans. It needs
to be properly noticed. It needs to have proper application for conditional
use for the marina, for the restaarant which by the way I will tell you that
the application does not indicate how many parking spaces are required by
Article 4 for the marina. How many parking spaces are additionally required
by the restaurant. There has also been conflicting evidence as to whether the
marina slips will be sold or not sold. Whether they will be sold to people
who live in the condominium or to outsiders. There has been no competent
evidence admitted in the record as to how these properties will be maintained.
All and all this is incomplete, inaccurate, haphazard application that on its
face appears to be much too large. It needs to go back for sensible development.
This has been done in the past. My organization and I offer to work harmoniously
with the applicant to come up with a project that we can accept and I urge
you to follow that course. Thank you.
Mr. Dubbin: Mr. Mayor and members of the Commission, just briefly...
Mayor Ferre; Five minutes in rebuttal on each side.
Mr. Dubbin: I don't think...
Ms. Waldman: Marilyn Reed would like to...
Itaor Ferre: Let Marilyn Reed have her few minutes.
Ms. Marilyn Reed: Marilyn Reed 3183 MacDonald Street, Coconut Grove. I
wish to support the statements Ms. Waldman has made and further to support
the Planning Department in their recommendation and I would urge that you
follow that.
Mr. Dubbin: Your Honor, Mr. Mayor and members of the Commission, just
briefly. First Ms. Waldman's presentation as I understand it is that she
is simply disagrees with the opinion of the developer, the developer's
architect, the Urban Development Review Board for the most part and the
Zoning Board as to what a quality structure is properly proposed and built
in the Brickell area should look like and that's basically her argument.
against us. I would like to respond... I will not respond to the questions
of law unless you have questions of law to ask of me. I will not stipulate
that Ms. Waldman or Save Brickell Avenue whatever that may be has any standing
148 �''
before this Commission or before anybody administrative or judicial to complain.
As for Colin Morrissey, I would like to present to you if I may a copy of an
affidavit from Colin Morrissey who says this. "Before me, the Undersigned Authority-
remenber Colin submitted his affidavit to show about the bulkhead line--- ►
Colin Morrissey am presently employed by the !Metropolitan Dade Coullty in the position
of Director of the Department of Environmental Resources Management. I have
been so employed for approximately ten year. My employment involves among
other things the enforcement of various regulations, ordinances and laws
promulgated by Dade County and the State of Florida regarding environmental
and pollution control matters, including bulkhead lines. In clarification of
that certain affidavit executed by me the 9th day of June, 1980 regarding the
subject of bulkhead lines it was not my intent to interpret the City of Miami
zoning ordinance. Further affiant sayeth not. Colin Morrissey. "And I would
be happy to make this a part of the record, if I may. I would like to respond
briefly to the discussion of the permitting. I would like to submit and make
a part of the record a true photocopy of the Department of Environmental
Regulation permit I referred to and the Corp of Engineers permit, if I may
hand that to the Clerk and distribute what copies I have to the members present.
These by way have been on file with Mr. Perez's Office from the beginning of
the time of the application and are on file there right now. Now, as to a..
something relative to a commitment about no bul.kherd line, tic new bulkheads
and this violates that commitment. That's hog wash. What has been presented
to you by Ms. Waldman is a sketch showing a cross section of the area and
clearly shows... designated a new bulkhead which is a replacement of the existing
bulkhead clearly. Clearly show the rip rap that will lie between the existing
high water mark and the bottom of Biscayne Bay and clearly shows the mangrove
that's going to be planted in the rip rap. So in a nut shell reference to
no bulkhead made there is absolutely no relationship to our commitment not to
seek a fill out to the existing bulkhead line which you see on the map
reflected on the wall, reflected by dotted lines. That commitment still stands
and of course, it does. As to the poor inadequate notice. If there were such
a thing which I guarantee you it was not it certainly would have been made up
the letter distributed by Ms. Waldman, "Important notice, important news.
Important notice, important news, important." And this points out that the
Zoning Board approved Villa Regina. She misrepresents the FAR at 3.40 wh,'n
the FAR is clearly 2.769 and advises everybody to go to the City Commission
meeting on June 2f►th. This was distributed to all members, residents of the
Brickel.l Place. I know because my parents who live there got a copy of it
and gave it to mf.. So the abseru:e of people herd indicates to me that the
ground swell you hear in opposition is a ground swell of one. I would like
to make this a part of the minutes of the meeting. In a nut shell we feel
it's an excellent project that would be a credit to the City. It will be an
honor to the City and we urge you approve the application as presented. Thank
you.
Mayor Ferre: Alright, Ms. Waldman, five minutes.
Ms. Waldman: In response, first of all, I don't know if you entered my notice
into the record, but if you did and if the Commissioners will take a look at
it they will see that there is additional notice of other iter.+s that, that
notice dealt mostly with an attempt to collect funds in order to pay off the
attorney for the previous lawsuit that we had to bring and it stated that there
would be further notice as to the meeting tonight. There was not time to get
it out. Furthermore, I will say to you that notice most be given by the
Z�ning Board and it has been held that the giving of such notice cannot be
delegated by the Board to the petitioner. I would suggest it cannot also
be delegated by the Board or by anybody else to an opposer th.r:'Ls Caine versus th-
Board of Appeals 173 Northeast 1st to show additionally that this applicant
has not kept its word. If you will refer back to the sketch of the marina
I will admit into the record a letter on Greenberg Traurig Hoffman Lipoff
Quentel and Wolff stationary that is from the public records of D.E.R.M. that
Indicates that there wits somo negotiations between the owners, developers
of the adjacent property in which the applicant promised that there would be
no dockage of boats closer than seventy feet from the bulkhead line and yet
if you will look at this you will see that on the pier that deals, that's
on that side with that applicant the very first #1 slip is within the buffered
zone where it says buffer area no boats down to here and yet right up here
is where the first slip is. So that's how well he is keeping his work. I
will pass this to the Clerk and to you as I'm leaving. As you know, it's
rather late. Many of the members cannot be here. In the last few days my
membership has supported me with contributions. I will name some of them,
Violeta del Junco, George and Gladys Duran, Louis Palmer, William and
Frances Goldrich, Dr. Rita Fajardo, Lauren and Rose Thompson, Louis de Is
Guardia, Nat Levit and his wife. I will report to you that there was
149 JUN 26ign�'
a meting of the Board, I don't remember exactly what day it was, but it was
within the last five days in which I was authorized to speak not only for the
Board members, but for all the members of Save Brickell Avenue on this project
and to strenuously oppose it. They think I do a good job in doing that so
they don't worry about coming here, but the fact of the matter is that the
notice was inadequate. The project has as I said some very fine qualities. It's
just plain too big. It's just plain too much and the neighbors, the people
who will be most affected by it do not want it.
Mayor Ferre: Thank you. Questions from members of the Commission?
Mr. Plummer: Mr Dubbin speaking to the marina. How many proposed slips
are totally involved?
Mr. Dubbin: Fifty-one.
Mr. Plummer: The owners vested, is it a buy, lease made mention of the fact
that it was going to be owned by the association.
Mr. Dubbin: The facility, that is to say the docks, the access, the maintenance
of the facility you will not in addition to slipage there is foliage, there
are lighting and there is areas for socializing that will be maintained by the
association because all members of the association will have use of that for
purposes other than boating.
Mr. Plummer: Is there a prohibition against live-aboards?
Mr. Dubbin: Yes, that's part of the conditions of the permit.
Mayor Ferre: Alright, are there any other questions of the proponent or
of the opponent or of the Administration? Hearing none, what is the will of
this Commission?
Mr. Lacasa: Mr. Mayor, I'm going to move for approval of the plans as presented
based on the fact that this is a high quality project. In order to achieve
this type of quality construction and this type of quality development that
the City wants, that the City needs for its own identity and prestige we have
to cooperate with the developers in whatever seems reasonable. I am especially
impressed by the aquatic garden concept which is a sort of a new concept in
this particular area and from my stand point of view a welcome addition to the
vague ambience of the City of Miami. Therefore, I move for the approval.
Mayor Ferre: Alright, there is a motion for approval, is there a second?
Mr. Carollo: Second.
Mayor Ferre: And there is a second. Alright, further discussion, call the
roll.
ON ROLL CALL:
Mayor Ferre: In casting my vote let me for the record make two statements.
The first statement is a quote from the Miami Herald Editorial which I don't
_usually do, dated Monday, June 2, 1980 which states as follows: "In Dade
tgounty this would mean emphasizing the redevelopment of neighborhoods near
-Downtown Miami and higher density use of property along the mass transit
corridors". I have stated into the record on several occasions.and will do
so again. You cannot have mass transit to one acre estates. For chose who
continually say that they do not want high density, vertical density in the
core City and at the same time say they do not want urban sprawl that is
nothing but hypocrisy. Those people what they really want is no growth,
because there is no way you can be against urban sprawl and against core
city vertical growth because in effect what you say is don't build at all.
If we have a Downtown core area the likes of which is developing into a
high intensity and a high density area like for example, the one Biscayne
Building at an FAR of 17 and if we have other projects in the Downtown area
proposed or on the drawing board with FARs of 10 and some even above it
doesn't seem logical to me that in the areas adjacent to Downtown Miami that
we step down to the densities that are being proposed. It is in my opinion
and I have absolutely no conflicts of interest of any kind at this time. I
have sold the property on Brickell Avenue. I have been paid for my property
In full and I have absolutely no conflicts of any kind. It is my opinion
that all of these properties are under utilized, every single one. And I
think there is nothing we can do about that. There is nothing that can be
done. It's too late. Now, we have under utilized this magnificent property
150 ��►,�� �;
along Brickell Avt•nuv. It I could ti.rn back the clock and redo this I would
vote for if I didn't have a conflitt of interest which I couldn't have done,
but now that 1 have none I would vote for a substantial increase in that whole
corridor of one or one and a tvilf miles around the periphery of Downtown Miami.
I think it is long overdue for us to rethink and restudy the density patterns
along the Brickell Avenue and ':nrth Biscayne Boulevard corridor. I stated into
the record r.nd I think I drew a little diagram for ycu at one time., Mr. Reid
was it? Did I ploy,, it to you of to you Mr. Grassie'. I don't remember
what I said. Tliat if we have a pyramid and we have seventeen in Downtown Miami
actually we can get up to thirt.v, but if we have seventeen as a standard and
right in the center that, that hould go down to fifteen, to ten, to eight,
to nice, to six and ir:try opinion when you get to Rickenbacker Causeway that's
where I would I;v to tihreu anti if you put it that way I might have all. But
I don't mean... I want. to ;u.,t put it as strong and as emphatic as I can. I
am not in the IC -a, --it hiL wc�rrivkl about this type of density on Brickell Avenue.
I am surprised as a mi t ter (,f fact that Morley didn't put up a bigger building
and I vote "ye
The; following rt tic itit ioil w,ir introduced by Commissioner Lacasa, who
moved its ado-)tion:
RES"i U. 1011 NO. 80-477
A A PETITION FOR A PLANNLD
AR :, i►I 6 l 0P fl.A; (J'A )) ON LOTS 42, 43 AND 44;
"W', !IANY F. WI1.1.IA.M BRICKELL SUB (B-96)
AYYRuXIM�'IF.LY 1581 -97 BRICKELL AVENUE, AS
PER PRI jk 7 U :;RI 1 (IF THE CO?iPI'.L.Hi NSIVi? 'l.05I';G
01�F-0:4LtiCE 68i 1 , A`, 11i:F PLAINS ON' FILE; SAID
PAD 10 ('ON.JIST oF A'tAXI^fUi•I OF 205 RESIDEN-
11 AL U:: I1 S IN A I ROPOiSLI) TOWER STRUCTURE;
St;IS'r('T 'i, !(' 141tICATIIiti OF RIGHT-OF-WAY;
ZONED (Hi:,tl 14NSITY MULTIPLE DWELLING).
(Ht_r: tc,lluw_> f,c,,;} of resolution, omitted here and on
f ilt- in Lit( !tffict- of the City Clerk).
Upon being, r cc:`itut•d 0�. Conmissioner Carollo, the resolution was
passed and adopts'; l v tic f , is 4 i►: vote:
AYES: "cw.:::i ss l toner Joe rarollo
J. L. Plummer, Jr.
c-m.tissionvr (Rev.) Theodore R. Gibson
Vice-",iver Armando Lacasa
?lavar Mw-rice A. Ferre
NOES: None.
35. GRANF «PPF.AI. lit, VARIA :C:LS - 4(ti Brickell Avenue
180 unit ap=:rtmt-r-,t pro j t
Mavor Ferre: Now, wt• arc ,o Item 08 which is appeal by River Point, Inc. of
tht- Zonlni, Board': ti,•utal (-f variances for a hundred eighty unit apartment.
A1►f;•.lit. Cotni::t 1• r If rWould the A.i),inistration make a statement into the
re•t•ttrd?
Mr. 1'rauritt: MT. ?t..:t•r , ;,orhaps after hearing your remarks in the last hearing
ti—y may want. to t'haol-t t1wir rf'cotiunundation.
Manor Fr. rry : M i ),1: t want it, � tsar.; t wlt„t
Mr. Whipple: Wi wil' ,.. tk, it a little :,porter. We will recommend denial of
the item as prorn,:ud and btu available for any questions you might have.
Mayor Ferro: AIri►•itt , th.,nk ; t u, sir. Would the applicant state his name and
make... how long; w,i1 the appl+cant need for tl:e record"'
151 ,1 u iv 261980
f
Mr. Traurig: Well, I don't think that there are any objectors here and I'm
going to make this as quickly as possible.
Mayor Ferro: Well, I'm going to ask that. I'm going to ask that.
Mr. Traurig: I think may be fifteen to twenty minutes.
Mayor Ferro: Alright, are there any objectors present? Is there anybody here
at this hearing who wants to present an objection. Seeing none and hearing
none I assume there are none. You can proceed.
Mr. Robert H. Traurig: For the record my name is Robert H. Traurig. I'm an
attorney with offices at 1401 Brickell Avenue and I represent the applicant
River Point, Incorporated. What you are looking at is a series of photographs
reflecting what this area presently looks like. It's the area at 401 Brickell
Avenue which is bounded on the North by the Miami River. On the East by Biscayne
Bay, on the South by the new Holiday Inn, on the West by the Brickell Avenue
Bridge and as you see from these areal photographs it is a classic example of
the underdevelopment and under utilization of property that the Mayor was just
talking about, because here we are looking at two and three story buildings
right in the heart of Downtown Miami right across from the Dupont Plaza Hotel.
The next exhibit that you are looking at is just a very simple schematic
reflecting that what we are proposing to do along a river walk which is setback
more than fifty feet from the river. We have two towers and a plaza level
which really contains a garage with a plaza area on top of it including a
swimming pool and landscaping and this depicts an overview of the architectual
rendering and this is a parking garage. All of the parking within the garage
with landscaping on the roof and the swimming pool on the roof and two towers.
One tower being twenty-five stories being the West tower and this tower being
thirty stories being the East tower. You can see that we are immediately to
the East of the Miami Avenue Bridge and we are... rather the Brickell Avenue
Bridge and we are directly across from the apartment house and the Dupont Plaza
Hotel. Claughton Island is to our East and the Holiday Inn is to our South and
on the other side of Brickell Avenue is the Rivergate office building in which
Cye's Restaurant is located. Now, actually this property is presently zoned
RC-1 and in the RC-1 zoning the development criteria are controlled by the
RCB criteria. What we have asked for are few variances. We have asked for
variances and bonuses so that we could build a one hundred eighty unit building
which is what the ordinance permits actually, but with larger size departments.
And I will go into the size of the structure in just a minute, but we have a
hundred eight thousand plus square feet and under the criteria established by
the ordinance of six hundred square feet per unit we are entitled to have a
hundred eighty units. We are not asking for more than the hundred eighty units.
We are asking for some variances of side yards and those are really a function cf
height because as we have discussed before as a building gets taller we have
to provide more side yard setbacks. I would like to call to your attention in
just briefly discussing the subject of side yards that one of our closest
neighbors is your new convention center. A handsome structure that comes
right out to the street with no sideyard setback whatsoever. Now, that was
ok because you are in the Downtown Business District and in the "C" districts
you don't have to have those variances, but I'm calling to your attention
the fact that immediately on the other side of the river where we are located
the development criteria does require side yard setbacks and our side yard setbacks
Ake really rather substantial, but because of the height we do have to request
some variances. For example, we need on the West tower - side yarAq of sixty-two
feet and we have fifty feet and forty-three feet respectively. So it's not
as if we are not providing the side yards and if you would compare those side yard
setbacks with the Convention Center and Rivergate and the Dupont Plaza, obviously
we compare favorably. The same kind of a comparison applies with regard to
the East tower where sixty-five feet is required and we provide fifty feet and
forty-two feet on the North side and the South side respectively. But the real
issue here and the issue which has been raised by staff is the issue of floor
area ratio. We have requested 3.287 and it has been recommended that we get
2.762. Now, that recommendation is a recommendation made by the Urban Development
Review Board and by the Planning Department and by the Zoning Board and we
think they have failed to take into consideration those very same things that
the Mayor talked about when he was quoting from the June 2nd editorial of the
Miami Herald, because that editorial and I think it's important to Ret some of
152
i„ iv 2 6198C
the other language intn the record. I says "Among urban planners now days
many theorist believe tl:at the end of the error of cheat energy inevitably
must lead to more compact cities. In Dade County this would mean emphasizing
redevelopment of neighborhoods near Downtown Miami and high density use of
property along the mass transit corridor and that living patterns must change."
Now, basically I think that there is an inconsistency in applying the FAR
bonuses and I think that, that ought to be considered by you in your ultimate
deliberations. This pronerry is in the RC-1 District. If we had an office
building in the RC-1 District we would be allowed a basic FAR of two and we
would apply our bonuses on top of that, but because we are utilizing the property
for residential purposes the basic FAR applied is 1.5 and so the FAR bonuses
are applied to the 1.5. In our particular case the bonuses that were
recommended were: 1.262 bonuses. If we had applied those to the two we would
have 3.262 which is...
Mayor Ferre: If you had developed it as a commercial unit you mean?
Mr. Traurig: That's correct, if it had been an office building. Now, the
question is should ve suffer a reduction in density because this is a
residential complex. I would call to your attention that this Commission,
not only tonight in the Mayor's remarks, but in many meetings which I have
attended and had the opportunity to listen to it has been advocated by this
Commission that there be a buildup cf density close to the Downtown core and
particularly where a building such as this is directly across from the central
business district. So we would urge that you take into consideration the
unique location of this; property in its relationship to Downtown. I would like
to very, very quickie show you the artist conception of our river walk. In
order to be entitled to a FAR bonus for having a river walk we have to have a
twenty foot wide walkway. Now, obviously we have to have a fifty foot setback,
but we only have to have twenty feet of walkway. We have fifty feet of walkway
and this walkway is going to be landscaped with gardens and so forth and
will link up with the holiday Inn to the South and with your City park property
and with the Nasher property South of that so that from the Four Ambassadors
to your convention center, ho-pefully, in the very near future there will be
an opportunity to walk along, the river and bay edge all the way to the
convention center. This is an absolute plus for the City. It should be given
greater credit than tht, normal twenty foot walkway that has been the subject
of other bonuses for ^ther developers. This is the landscaped plan. I'm
going fast because 1 know that the hour is so late. It was designed by Bill
O'leary. It reflectF H ,, OeUiil of that landscaping along the rivers edge.
We would also say to v-,u that because of the exceptional landscape treatment
on the roof parking deck and because we weren't given full credit for our
drive area from Brickell Avenue and I must call to your attention that we have
a very unique parcel cf property. We are bounded by the river's edge on the
North, by the bay on thy- East, by Holiday Inn on the South and by the bridge
abutment on our West. Sc we are hemmed in. And we are creating a residential
complex to... Again, to Satisfy a desire of this community to have more
residential units Downtown, not just to have office buildings on that entire
Brickell Avenue strip. I think Mr, Mayor, you and this Commission understand
these issues. We urge that you support this based upon the philosophy which
you advocated and espoused in the last hearing about the buildup of intensity
in this proximity to Downtown. Thank you, very much.
Mayor Ferre: Alright, questions from the members of the Commission?
&v. Gibson: Mr. Mayor, I'm like you. I did something, I think it was this
week, that I don't usually do. I called the Miami Herald and I:was commenting
on their editorial for .Tune the. 2nd. I said "you know, it hurt, .,i�, soul to
let you know that your editorial has influenced my thinking. I s:.id the fact
that you said you saie and I want to change some of my hard nosed thinking.
Not because the Mayor said, but because I read that editorial and I called
Mr. MacMullin and told him. And he said "Well, that unusual you..."
Mayor Ferre: He doesn't know how unusual.
Rev. Gibson: Yes. And I wanted to say "you darn right, because man you know,
the Herald is just..." But anyway I thought about what they said and it
was very important to me and interesting. Mr. Mayor, I think we ought to
let them go ahead and do it.
Mayor Ferre: Alright, there is a motion by Commission Gibson for reversal
of the Zoning Board's dNnial, is there a second?
153
J�`� 51
„O8U
Mr. Plummer: Mr. Mayor, I will be glad to second it after I get at privilege
of discussing the matter among Commissioners.
Mayor Ferro: What Commission?
Note: For the record:
Commissioner Carollo was called away on an emergency. He has a baby who has gotten
very ill and is on his way to the hospital. So he left here 6 Commissioner
Lacasa has been out the whole time and is just walking in.
Mr. Lacass: I an going to excuse myself on this vote because even though I
have no interest on this property I was the attorney who closed on the real
estate transaction and therefore, I would rather excuse myself.
Mayor Ferro: Ok, let the record reflect that Commissioner Lacasa...
154
.i .. . • a . V 1V�V
Mr. Lacasa: I am going to excuse myself of this vote because even though
I have no interest in this property, I was the attorney who closed on the
real estate transaction and therefore I'd rather excuse myself.
Mayor Ferre: All right, let the record reflect that Cminissioner Lacasa has
not been present during any of the deliberations and has excused himself
from the vote, so there is three of us. Now, the question again is there
is a motion on the floor, is there a second?
Mr. Plummer: Well, you know, usually we close the public hearing we have
a discussion among the Commissioners, then we go to a moticn. I second it
for the purposes of discussion.
Mayor Ferre: All right, Mr. Plummer is recognized.
Ms. Janet Waldman: Mr. Mayor, can I answer a question?
Mayor Ferre: Yes, you sure can.
Ms. Janet Waldman: For the record, my name is Janet Waldma:i, speaking as
an individual, it's outside of the area of my group. I want to go on record
as supporting this project, I think....
(LAUGHTER)
Ms. Waldman: ..this is not, by any means, the first project I have supported
for my group and myself, we have supported the Palace, we have supported the
final plans of Tiffani after coming to an agreement...
Mayor Ferre: Janet, would you mind explaining to me the difference between
of why you would support ... I don't mean to question it and I'm very happy to
hear your flexibility. 'Pell me, just for my own edification and satisfaction,
if you don't mind, why you would oppose an FAR similar to this further down
Brickell and approve it in this particular location.
Ms. Waldman: I'm glad you've asked me that because I believe position is
entirely consistent. We are talking here about a project in a ocmrercial
a basically commercial -immediately adjacent to the Downtown area. The pre-
vious item was in a strictly residential area that was significantly further
away from Downtown where it should be going less. But I don't want to speak
at length on this. I want you to know that I personally believe that it is
a beautiful project, it's providing every amenity that you could-Lpssiblj,
want and has provided every thing that the Ordinance provides that you should
can be given bonuses for, it has followed the intent of the Ordinance. I
point out to you that although in the R-5A zone there is a maximum FAR, in this
particular zone there is no maxim n, and it would not be going, in my opinion,
against the intent of the Ordinance to grant an exception or deviation on it,
and I would like to make a possibly, really unprecedented suggestion -Mr.
Traurig does not kanow I'm going to say this- I would like to suggest that the
Camtission not only approve this,but approve it with the possibility of an even
raigher FAR than the Applicant is asking if he can work it out with the required
Parking and so forth. It's not sensible for no to approve over 3.40 in a re-
sidential and keep this down to a 3.2 something ... I think you shm ild give him
3.5, 3.6 if it can be worked in, grant him that at this point. It's reason-
able.
Mayor Ferre: Thank you very much, Janet. What we have before us we have
before us and we can't start changing that now. There is a motion and a second,
is there further discussion, if not, call the roll.
ON HWINNING THE I40LL CALL Camussior*r Plummer, when
asked his vote, commented that he had not had an op-
portunity to form part of the discussion. Mayor Ferre,
upon his camrents, reverted the voting procedure and
invited his comments.
Mr. Plummer: Mr. Traurig, my only conoern...I think it's a beautiful structure,
thank God I don't read Herald editorials. My only concern is 180 units and I'd
155
like you to address more the problems that are unique to this piece of prop-
erty in relation to traffic. Now, we have not been shown anything as to
ingress and egress to this property and I would like to have it on the record
and I have one other question which is simple and ask the question if, in
fact, is this proposed as an apartment, condominium or otherwise?
Mr. Traurig: It's a condominium, Mr. Plummer. Shall I respond now, sir?
Mr. Plummer; Yes, please.
Mr. Traurig: This reflects the tract in yellow, this is the Holiday Inn
property immediately to the south of it. Because this abutts the bridge
there is no direct access onto Brickell Avenue.
Mr. Plummer: What is the distance between the orange -brown line and the
bridge? Do you understand what I call orange -brown? Yes, that one.
Mr. Traurig: Zero feet.
Mr. Plummer: Zilch. Okay.
Mr. Traurig: Let me hand this to you. This reflects all the traffic im-
provements that have to be made and that we've worked out with regard to
lights and so forth in connection with the Holiday Inn and this property
utilizing what used to be the entrance into the Elks Club and these
Brickell Point Apartments and we had to enter into an agreement with regard
to storage lanes, curb cuts, handicapped ramps, sidewalks and the relocation
of the utility poles with the State Department of Transportation which we
have already done through Wilbur Smith and Associates.
Mr. Plummer: Let me ask you this. You see, what I'm looking at here in
your presentation, the brown, Okay?
Mr. Traurig: Yes, that's a common drive utilized jointly by the Holiday Inn
and this property.
Mr. Plummer; How many parking spaces are you providing?
PL~. Traurig; The number of parking spaces is 310 parking spaces all within
the parking structure. we have no ....
Mr. Plummer: So that's better than two a unit.
Mr. Traurig: Yes. Well, we have 180 units so it is a little under two. We
comply with the parking requirements. We got a bonus for covered parking,
incidentally.
Mr. Plummer: Was this submitted to Metro Traffic?
Mr. Traurig: Yes.
Mr. Plummer: And what was their response?
Mr.=Traurig: They approved it but they asked that we widen one area to 50
feet in here.
Mr. Plummer: I also understand, Mr. Traurig, that there is to be also some
modifications to the median strip in Brickell Avenue, is that at your expense?
Mr. Traurig: The answer is yes.
Mr. Plummer: Thank you.
Mayor Ferret Any other questions?
Mr. Traurig: Before you vote I'd like this Commission to know that you did
grant 3.31 across the street at Rivergate.
Mayor Ferret Mr. Traurig, you don't want to re -do that, do you?
Mr. Traurig: No.
Mayor Ferro: Call the roll.
156 jl!R ^ 6 VV
1 0
The following resolution was introduced by Commissioner Gibson, who moved
Its adoption:
RESOLUTION NO. 80-478-A
A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE NO. 6871,
ARTICLE X1-2, SECTION 5, TO PERMIT CONSTRUCTION OF AN
180-UNIT APARTMENT PROJECT ON A PORTION OF BRICKELL POINT
SUB (8.34) LYING EAST OF THE E-LY BOUNDARY LINE OF THE S.E.
2ND AVENUE BRIDGE APPROACH ACROSS THE MIAMI RIVER; ALSO
THE INGRESS AND EGRESS OVER THAT CERTAIN EASEMENT GRANTED
IN CHANCERY CASE NO. 54,871 OF THE CIRCUIT COURT OF DADE
COUNTY, FLORIDA; KING APPROXIMATELY 401 BRICKELL AVENUE,
AS PER PLANS ON FILE, WITH 3.287 FLOOR AREA RATIO (FAR)
REQUESTED (2.762 FAR ALLOWED WITH BONUSES). ZONED
R-C-1 (RESIDENTIAL-OFFICE-CO`IM)RC1AL).
(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: C(�Wl)is:.iOF, ei I.L.I'luaimer,lr.
r, mr,istiinner (H i Theodore Gibson
Kiyot Maurice A. Ferre
NOES: None.
ABSENI: Commissioner .Toe Carello
ABSTAINING: Commissioner Arir.ando Lac.i_.;r
On Roll Call.
Mayor Ferre: In voting I would like to ask the Clerk to record the same
statement that. I made previously c;uoting the fti_amt Herald editorial. Actually,
the full paragraph of that editorial Kees like this: "Among urban planners
nowadays many theorists be. ieve thi, end the era of cheap energy inevitably
must lead to more (—ripact cit ie ; sc urban thinkers and rural residents agree
cities most changt. In Dafiv Co,int•; this would mean emphasizing redevelopment
of neighborhoods near`r downtown Miami and higher density use of property
along mass transit corridors. Such change won't occur overnight." Well,
there the Herald is wrong, and evidently chani,e is ocurring, overnight and I
might say that, -lastly, on this particular project that within hundreds of
feet of this particular property the densities will be reaching over 10 FAR
and within a thousand feet o` this p�,rticu:ar property, densities supposedly
are 17. And if -ou look at the real density of the One Biscayne Building,
whose garage is not counted in the FAR, you do not have a density of 17, you
have a building in excess of 1,000,000 sq. ft. on a >9,000 square foot piece of
property. Therefore, what you're talking about is a density well in excess
of what, 25? In excess of 25. So that's the kind of density that we have in
downtown Miami within a thousand feet of this property, so I'm not at all
worried about 3.287 and I vote yes.
Note: Instruments Resolution 80-478-B and Resolution 80-478-C, though not
Specifically outlined in the agenda were part and parcel of the issue, as
discussed above, and as reflected by the City Commission's vote.
The following resolution was introduced by Commissioner Gib,cr:. who moved
its adoption:
1W
/"
RESOLUTION NO. 80-478-8
A RESOLUTION A RESOLUTION GRANTING A VARIANCE FROM ORDIN-
ANCE NO. 6871, ARTICLE XI-2, SECTIONS 3(2) AND 3(4)(a),
TO PERMIT CONSTRUCTION OF A 180-UNIT APARTMENT PROJECT
ON A PORTION OF BRICKELL POINT SUB (8-34) LYING EAST OF
THE EASTERLY BOUNDARY LINE OF THE SE 2ND AVENUE BRIDGE
APPROACH ACROSS THE MIAMI RIVER; ALSO THE INGRESS AND
EGRESS OVER THAT CERTAIN EASEMENT GRANTED IN CHANCERY
CASE NO. 54,811 OF THE CIRCUIT COURT OF DADE COUNTY,
FLORIDA, BEING APPROXIMATELY 401 BRICKELL AVENUE, AS PER
PLANS ON FILE, ALLOWING THE FOLLOWING: FOR THE PRINCI-
PLE STRUCTURE: (a) WEST TOWER SIDE YARDS: 50.0' NORTH
AND 43.67' SOUTH PROPOSED (62.2' REQUIRED FOR BOTH);
(b) EAST TONER SIDE AND REAR YARDS: 50.0' NORTH AND
42.0' SOUTH PROPOSED (65.83' REQUIRED FOR BOTH); FOR
THE ACCESSORY STRUCTURE: (a) SOUTH SIDE YARD: 21.0'
PROPOSED (22.67' REQUIRED); ZONED R-C-1 (RESIDENTIAL-
OFFICE-C(MII+ERCIAL) .
(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 (Rev.) Theodore Gibson
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo.
ABSTAINING Commissioner Armando Lacasa.
The following resolution was introduced by Commissioner Gibson, who moved
its adoption:
RESOLUTION NO. 80-478-C
A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE NO. 6871,
ARTICLE XI-2, SECTION 6(1), TO PERMIT CONSTRUCTION OF A
160-UNIT APARTMENT PROJECT ON A PORTION OF BRICKELL POINT
SUB (8-34) LYING EAST OF THE EASTERLY BOUNDARY LINE OF
SE 2ND AVENUE BRIDGE APPROACH ACROSS THE MIAMI RIVER;
ALSO THE INGRESS AND EGRESS OVER THAT CERTAIN EASEMENT
GRANTED IN CHANCERY CASE NO. 54,811 OF THE CIRCUIT COURT
OF DADE COUNTY, FLORIDA, BEING APPROXIMATELY 401 BRICKELL
AVENUE, AS PER PUNS ON FILE, ALLOWING THE FOLLOWING: FOR
THE PRINCIPAL STRUCTURE: (d) 15.67% PROPOSED LOT COVERAGE
(13.15 REQUIRED); ZONED R-C-1 (RESIDENTIAL -OFFICE -COMMERCIAL).
(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 (Rev.) Theodore Gibson
Mayor Maurice A. Ferro
NOES: None.
ABSENT: Commissioner Joe Carollo.
ABSTAINING: Commissioner Armando Lacasa.
ON ROLL CALL:
158 JUN 2619M
36. ACCEPT PLAT: PERCIVAL GARDENS.
The following resolution was introduced by Commissioner Gibson, who moved
its adoption:
RESOLUTION NO. 60-479
A RESOLUTION ACCEPTING THE rJJ+T ENTITLED PERCIVAL GARDENS
FIRST ADDITION, A SUBDIVISION IN THE CITY OF MIAMI, AND
ACCEPTING THE DEDICATIONS SHOWN ON SAID PAT, AND AUTHOR-
IZING AND DIRECTING THE CITY MANAGER ANL THE CITY CLERK TO
EXECUTE THE PLAT A14D PROVIDING FOR THE RECORDATIO14 OF SAID
PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Plumm(-r, the resolution was passed and
adopted by the following vote -
AYES: ?. L. Plummer, jr .
Commissioner (Rev.) Theodore Gibso;,
M�iur: ce A. Ferre
NCES: None.
. Commissioner Joe Carollo
37. ACCEPT PLAT: BISCAYNE FEDERAL PLAZA.
The following resol�itior, was introduced by Commissioner Gibson, who moved
its adoption:
RE'SCLC ION N0. W)-4q0
A RESOLUTION A RESOLUTION ACCEPTING THE PLAT ENTITLED
BISCAYNE FLDERF.L PLAZA FIRST ADDITION, A SUBDIVISION IN
THE CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS SHOWN
ON SAID PLAT; AND AUTHORIZING AND DIRECTING THE CITY
MANAGER AND THE CITY CLERK TO EXECUTE THE FLAT AND PRO-
VIDIN(FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body o: resolution, omitted 'here and on file
in the Office of the City Clerk.)
Upon beinq seconded by Commissioner Plummer, the resolution was passed and
,idoptod by the following vote-
AYV',: Commissioner J. L. Flummer, Jr.
Commissioner (Rev.) Theodore Cibson
V-iyoi- "faurice A. Ferre
NUES: None.
ABSENT: Conmi_-,sioner Joe Carollo and Commissioner Armando Lacasa.
159 .:�
C
38. ACCEPT PLAT: COCONUT GROVE ESTATES.
The following resolution was introduced by Commissioner Gibson, who moved
its adoption:
RESOLUTION NO. 80-481
A RESOLUTION ACCEPTING THE PLAT ENTITLED "COCONUT GROVE
ESTATES" A SUBDIVISION IN THE CITY OF MIAM7, AND ACCEPTING
THE DEDICATIONS SHOWN ON SAID PLAT, AND AUTHORIZING AND
DIRECTING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE
THE PLAT AND PROVIDING FOR THE RECORDATION OF SAID PLAT
IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and
adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo and Commissioner Armando Lacasa.
39. ACCEPT COMPLETED CONSTRUCTION: COCONUT GROVE BUSINESS AREA
HIGHWAY IMPROVEMENT.
The following resolution was introduced by Commissioner Lacasa, who moved
its adoption:
RESOLUTION NO. 8C-482
A RESOLUTION ACCEPTING THE COMPLETED WORK OF MARKS BROTHERS
COMPANY FOR THE COCONUT GROVE BUSINESS AREA HIGHWAY IMPROVMENT
BIDS A AND B (HIGHWAY AND SIDEWALK) AT A TOTAL COST OF
$751,098.34; AUTHORIZING AN INCREASE IN THE CONTRACT IN THE
NET AMOUNT OF $2,947.54; AND AUTHORIZING A FINAL PAYMENT OF
$77,763.34.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution wa$ i..sed and
adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo.
160
JUN 62 6198J
40. OBJECTIONS OF CONFIRMATION OF PRELIMINARY ASSESSMENT ROLL:
West Grapeland Sanitary Sews r Improvurront SR-5387-C.
The following resolution was introduced by Commissioner Gibson, who moved
its adoption:
RESOLUTION NO. 80-483
A RESOLUTION AMLNDING REsCjI1:710N NC. 60-288, IC)OPTF_D APRIL
10, 13bO, W11I'"11 'nXIFIFXLD THE ASSF.SSM::NT ROLL FOR CONSTRUC-
TION OF WEST GRAPELAND SAIITARY SEWER IMPROVEMENT IN WEST
GRAPELAND SANITARY SFW'1:R IMPROVEMENT DISTRICT SR-5387-C
(CENTERLINE SEWER) BY REDLt:ING THE TOTAL ASSESSMENT IN THE
AMOUNT Of' $316.66 AND COEF'TRMINC, A SUPPLEMENTAL PRELIMINARY
ASSESSMENT ROLL FOR WEST Gi<,APFI.AN.' SANITARY SEWER IMPROVE-
MENT IN WEST GRAFFLIND SANI7AR'i SF_WLR IMPROVEMENT DISTRICT
SR-53`i7-C (CENTERLINE SEWER) ; FURTHER REFEALI;IG SECTION 4
OF RESOLUTION N?. b'-:'8N; Er,:(' C`P;1'IF'1ziTION OF' A SUPPLE-
MENTAL PRFLIMINP.P1 ASSrSfiM1.NT RO'..L PEING NECESSARY TO IN-
CLUDE CERTAIN PRJPEI!°TIE..- F'RF:V:O'JSLY OMIT".'ED FROM THE
ORIGINAi ?Ri'.LI!',1 NARY ASa'.�'SME:NT ROLI, AND TI :, ADJUST ASSES: -
MrNTF ^N ^I:RIAIN OTHFP I,r,'1'S AS APPF:ARTN'; P!: SAID
PPEI.I'dSNARY ASSESSMENT I2CI.I .
(Here follows body of resolution, omitted here and on file
in the Offi,:c of the �'ity Clerk. )
Upon being secon.lcd by Commissioner Lacasa, the resolution was passed and
adopted by thu fallowing vote -
AYES: Commissioner J. L. P.-ammer, Jr.
Commissioner (P.ev.) Theodore Gibson
Vi ccMay(,r Armando Lacasa
Mayor Maurice A. Ferre
NCI,'S: ?done.
41. OBJECTIONS TO S!TPPLEME?:TAT, ^F.7F,IMIC,ARY ASSESS":ENT ROL,.
LFJEUNE GARDF,I:S HIGHWAY I!I1'RGVE?117NT DISTRICT H-4:53.
The following resolutio►, was introduced by Commissioner Gilson, who moved
its adcption:
RESOLUTION NO. 80-484
A RESOLUTION CONFIRMING A SUPPLEMENTAL PRELIMINARY ASSESSMENT
ROLL FOR LE JEUNF GARDENS HIGHWAY IMPROVEMENT IN LE JEUNE
GARDENS 11IG11WAY IMPROVEMENT DISTRICT H-4353; FURTHER RP;r .L-
ING SECTION 4 OF RESOLUTION NO. 80-146, ADOPTED FEBRUARi to,
1980, WHICH CONFIRMED ASSESSMENT ROLL FOR LE JEUNF GARDENS
HIGHWAY IMPROVEMENT IN LE JEUNF. GARDENS HIGHWAY TMPROVEMENT
DISTRICT h-435 i; SAID CONFIRMATION OF A S'-PPIXMENTAL PPFLIMIN-
ARY A:'''1'.::'p!t:N I±.aI,I. 13F.IN NE,r!::>>Pv•'i TG INCLUDE CERTAIN PROP-
F.RTIFL� FkIXII ISIN 0MI',TED FRvM Tiff, DR1(_,:NAL PRELIMINARY
A:.` 1?!�5MYN'1 R"11, AND TO ADJUST ASSESSId':NTS ON _ERTAIN OTHER
D)T.,, AS APPFARIN6 ON SAID ORICINAL PRELIMINARY ASSESSMENT ROLL.
Ol"(-' fc,l lows LoAy Of resolution, omitted here and on file
in the 'iffic(1 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 (Rev.) Theodore Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre ��+�
NOES: None. ABSENT; Commissioner ,Toe Carollo. V
42, ACCEPT COLLETED CONSTRUCTION: PINES SANITARY SEWER IMPROVE-
MENT DISTRICT.
The following resolution was introduced by Commissioner Gibson, who moved
its adoption:
RESOLUTION NO. 80-485
A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY
INTERCOUNTY CONSTRUCTION CORPORATION AT A TOTAL COST OF
$3,289,414.20 FOR THE PINES SANITARY SEWER IMPROVEMENT IN
THE PINES SANITARY SEWER IMPROVEMENT DISTRICT SR-5450-C&S
(CENTERLINE AND SIDELINE SEWERS); AND AUTHORIZING A FINAL
PAYMENT OF $333,259.96.
(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 (Rev.) Theodore Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
43. FIRST AND SECOND READING ORDINANCE: ESTABLISH PROJECT X.C.B_.
IN THE AMOUNT OF $25,000.00 TO FUND CITY HALL RENOVATIONS.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 9019,
ADOPTED NOVEMBER 8, 1979, THE CAPITAL IMPROVEMENT APPRO-
PRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER
30, 1980, AS AMENDED, BY ESTABLISHING PROJECT X.C.8. IN
THE AMOUNT OF $25,000 TO FUND CITY HALL RENOVATIONS FROM
THE FUND BALANCE OF THE FY 1979 REVOLVING FUND; CONTAIN-
ING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
DISPENSING WITH THE REQUIREMENT OF READING SAME ON TWO
SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF
THE MEMBERS OF THE COMMISSION.
Was introduced by Commissioner Plummer and seconded by Commissioner Lacasa
for adoption pursuant to Section 4, Paragraph (f) of the City Charter, dis-
penfing with the requirement of reading same on two separate days by a vote
o! riot less than four -fifths of the members of the Commission -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo.
Whereupon the Commission, on motion of Commissioner Plummer and seconded
by Commissioner Lacasa, acapted said ordinance by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo. J U N 26 1980
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9114.
162
4i
The City Attorney read the ordinance into the public record and announced
that copies were available to the members of the City Commission and copies
were available to the public.
44. DEFERRAL OF CONSIDERATION OF PROPOSED INCREASED APPROPRIATION F0a
FLAGLER STREET IMPROVEMENT AND EXTENSION, AND FOR COCONUT GROVE
BUSINESS AREA DECORATIVE PEDLSTRIAN-SCALL STREET LIGHTING PROJECT.
Mayor Ferre: All right, Father Gibson, do you want to move 13?
Mr. Plummer: I want to defer .it.
Mayor Ferre: All right, there is a motion to defer. Why do you want it deferred?
Mr. Plummer: I've got some problems, Maurice, this is on Flagler Street Improve-
ment and that's the area that I'm concerned about.
Upon motion of Commissioner Plummer, seconded by Commissioner Lacasa
Item 13 was deferred by the following vote-AYF: Cumtnissioners Plummer,
Lacasa, Gibson and Mayur Ferre.
Mayor Ferre: Mr. PluSm ei would yuu make a note and Mr. Grassie, wojld you
hve somebody, Vince Grimm or whoever visit with Mr. Plummer and see what these
piublems are?
Mr. Grassie: Certainlv.
45. FIRST AND SECOND READING ORDTNANCF.. ESTABLISH PROJECT XI-B.2.
ENTITLED: ""'IAMI SPRINGS GOLF COURSF IkRIC:ATTON SYSTEM."
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 9019,
ADOPTED NOVFXPER 8, 1979, THE. CAPITAI. IMPROVEMENT APPRO-
PRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER
30, 17A0, AS AMENDED; BY ESTABLIStii.7G PROJECT XI.B.:. ,
ENTITLED: "MIAMI SPRINGS :;U:.F COURSE IRRIGATION SY_ TEM,",
IN THE AMOUNT OF $25,00'. FR,-�`4 MIrjlSI SPRINGS GOLF CG:.'RSE,
ENTERPRISE FUND, FY'79 RETAINED EARNINGS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY C:LAJSL; AND DIS-
PENSING WITH THE REQUIREMENT OF READING SAME ON TWO
SEPARATE DAYS by A VOTE OF NOT LESS THAN FOUR -FIFTHS OF
THE MEMBERS OF THE COMMISSION.
Was introduced by Commissioner Plummer and seconded by Commissioner Gibson
for adoption pursuant to Section 4, Paragraph (f) of the City Charter, dis-
pensing with the requirement of reading same on two separate days by a vote
Of not less than four -fifths of the members of the Commission -
AYES: Commissioner J. L. Plummer, Jr.
Commissionei (Rev.) Theodore R. Gibson
Vice-Mayur Armando Lacasa
Mayer Maurice A. Ferre
Niif;a: None.
Af+:;E:NT: Commissioner Jot- Carollo.
Whoreupot, the Commission, on motion of Commissioner Plummer and seconded
t'y CVmmissiut:cr Gibson, a.101,0e1i said ordinance by the following vote:
AYIIS: Corvi,sioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Vice-Mayur Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo.
163
kft eN
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9115.
The City Attorney read the ordinance into the public record and announced
that copies were available to the members of the City Commission and copies
were available to the public.
46. FIRST AND SECOND READING ORDINANCE:
INCREASE APPROPRIATION- FENCING FOR MELREESE GOLF COURSE.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTIONS 1 AND 5 OF ORDINANCE N0. 9000,
ADOPTED OCTOBER 17, 1979, THE ANNUAL APPROPRIATIONS ORDINANCE
FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1960, AS AMENDED; BY
INCREASING THE APPROPRIATION FOR THE ENTERPRISE FUNDS, MELREESE
GOLF COURSE, BY $10,000; BY INCREASING ANTICIPATED REVENUES IN
THE SAME AMOUNT FROM FY'79 RETAINED EARNINGS; FOR THE PURPOSE
OF PROVIDING FENCING FOR MELREESE GOLF COURSE; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND DISPENSING
WITH THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY
A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COM-
MISSION.
Was introduced by Commissioner Plummer and seconded by Commissioner Lacasa
for adoption pursuant to Section 4, Paragraph (f) of the City Charter, dis-
pensing with the requirement of reading same on two separate days by a vote
of not less than four -fifths of the members of the Commission -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carcllo.
Whereupon the Commission, on motion of Commissioner Plummer and seconded
by Commissioner Lacasa, adopted said ordinance by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferro
NOES: None.
ABSENT: Commissioner Joe Carollo.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9116.
The City Attorney read the ordinance into the public record and announced
that copies were available to the members of the City Commission and copies
were available to the public.
164
JUN 2 61980
47. FIRST AND SECOND READING ORDINANCE: EMERGENCY FOOD PROGRAM
FOR PERSONS IN THE AREA AFFECTED BY RECENT CIVIL DISTURBANCES.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 9000,
ADOPTED OCTOBER 17, 1979, THE ANNUAL APPROPRIATIONS
ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1980,
AS AMENDED; BY INCREASIN:. THE. APPROPRIATION FOR THE
GENERAL FUND, SPECIAL PROGRAMS AND ACCOUNTS, IN THE
AMOUNT OF $40,000; BY DECREASING THE APPROPRIATION FOR
THE GENERAL FUND, SPECIAI. PROGRAMS AND ACCOUNTS, IN THE
AMOUNT OF $40,000; BY DECREASING THE APPROPRIATION FOR
THE DEPARTMENTS OF COMPUTEPS AND COMMUNICATIONS BY
$20,221, HUMAN RESOURCES BY $9,779, AND PUBLIC WORKS
BY $10,000; FOR THE PURPOSE OF PROVIDING FUNDS FOR AN
EMERGENCY FOOD PROGRAM FOR PEOPLE IN THE AREA AFFECTED
BY THE RECENT CIVIL DISTURBANCE; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND DISPENSING WITH
THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY
A VOTE OF NOT LESS THAN TOUR -FIFTHS OF THE MEMBERS OF THE
COMMISSION.
Was introduced by Commissioner Gibson and seconded by Commissioner Lacasa
for adoption pursua'it to Section 4, Paragraph (f) of the City Charter, Iis-
pensinq with the requirement of reading same on two separate days by a vctr
of not less than four -fifths of the members of the Commission -
AYES: Commissioner J. L. Plummer, Ji.
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo.
Whereupon the Commission, on motion of Commissioner Gibson and seconded
by Commissioner Lacasa, adohte! said orlinarn-e by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo.
SAID ORDINANCE WAS DESIGNATED ORDINANCE 140. 9117.
The City Attorney read the ordinance into the public record and announced
that copies were available to the nembers of the City Commission and copies
werr available to the public.
165
l
48. FIRST AND SECOND READING ORDINANCE:
PROVIDE FUNDS FOR CONSULTING IN THE IMPROVEMENT OF THE
CITY'S ADMINISTRATIVE SYSTEIIS AND PROCEDURES.
Mr. Plummer: What does this hope to accomplish?
Mr. Grassies Commissioner Plummer, there are four major areas of activity.
One is a purchasing procedures and practices improvement....
Mr. Plummer; That's enough, that alone is worth all the money.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDINT SECTION 1 OF ORDINANCE NO. 9000,
ADOPTED OCTOBER 17, 1979, THE ANNUAL APPROPRIATIONS ORDIN-
ANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1980, AS
AMENDED; BY INCREASING THE APPROPRIATION FOR THE GENERAL
FUND, SPECIAL PROGRAMS AND ACCOUNTS, BY $58,000; BY DE-
CREASING THE APPROPRIATIONS FOR THE DEPARTMENTS OF COM-
PUTERS AND COMMUNICATIONS BY $43,257 AND MANAGEMENT AND
BUDGET BY $14,743; TO PROVIDE FUNDS FOR CONSULTING ASSIST-
ANCE IN THE IMPROVEMENT OF THE CITY'S ADMINISTRATIVE
SYSTEMS ANT) PROCEDURES; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; AND DISPENSING WITH THE RE-
QUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE
OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COM-
MISSION.
Was introduced by Commissioner Plummer and seconded by Commissioner Gibson
for adoption pursuant to Section 4, Paragraph (f) of the City Charter, dis-
pensing with the requirement of reading same on two separate days by a vote
of not less than four -fifths of the members of the Commission -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo.
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 (Rev.) Theodore R. Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSEW: Commissioner Joe Carollo.
SAIDD ORDINANCE WAS DESIGNATED ORDINANCE NO. 9118.
The City Attorney read the ordinance into the public record and announced
that copies were available to the members of the City Commission and copies
were available to the public.
RADA i U N 2 61980
49. FIRST AND SECOND READING ORDINANCE: ESTABLISH OFFICE OF
PROFESSIONAL COMPLIANCE IN THE OFFICE OF THE POLICE CHIEF.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTIONS 1 AND 5 OF ORDINANCE NO.
9000, ADOPTED OCTOBER 17, 1979, THE ANNUAL APPROPRIATIONS
ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1980,
AS AMENDED; BY INCREASING THE APPROPRIATION FOR THE GEN-
ERAL FUND, SPECIAL PROGRAMS AND ACCOUNTS, IN THE AMOUNT
OF $25,200; BY INCREASING ANTICIPATED REVENUES, CHARGES
FOR SERVICES, IN THE SAME AMOUNT; FOR THE PURPOSE OF
ESTABLISHING AN OFFICE OF PROFESSIONAL COMPLIANCE IN THE
OFFICE OF THE CHIEF OF POLICE; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND DISPENSING WITH
THE REQUIREMENT OF READING SAME: ON TWO SEPARATE DAYS BY
A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE
COMMISSION.
Was introduced by Commissioner Plummer and seconded by Commissioner Gibson
for adoption pursuant. to Section 4, Paragraph (f) of the City Charter, dis-
pensing with the re-i,i{renxant of reading same on two separate days by a vote
of not less than fc,,�r-fifths of the: members of the Commission -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. F'erre
NOES: None.
ABSENT: Commissioner Joe Carollo.
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 (Rev.) Theodore R. Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9119.
The City Attorney read the ordinance into the public record and announced
that copies were available to the members of the City Commission and copies
were available to the public.
167
50. FIRST AND SECOND READING ORDINANCE:
ADOPTING CODIFICATION OF NEW CITY OF MIAMI CODE AND ChAKIt-K
1980.
AN ORDINANCE ENTITLED -
AN ORDINANCE ADOPTING A REVISION AND CODIFICATION OF THE
ORDINANCES OF THE CITY OF MIAMI, FLORIDA, ENTITLED "THE
CODE OF THE CITY OF MIAMI, FLORIDA", PROVIDING FOR AN
EFFECTIVE DATE; PROVIDING FOR THE REPEAL OF CERTAIN ORDIN-
ANCES NOT INCLUDED THEREIN, WITH CERTAIN EXCEPTIONS, AND
FOR OTHER PURPOSES HEREINAFTER SET FORTH; PROVIDING FOR
A PENALTY CLAUSE WHERE NO OTHER PENALTY IS PRESCRIBED;
PROVIDING FOR A SEVERABILITY CLAUSE; AND DISPENSING WITH
THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY
A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE
COMMISSION.
Was introduced by Commissioner Lacasa and seconded by Commissioner Plummer
for adoption pursuant to Section 4, Paragraph (f) of the City Charter, dis-
pensing with the requirement of realing same on two separate days by a vote
of not less than four -fifths of the members of the Commission -
AYES:
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Whereupon the Commission, on motion of Commissioner Lacasa and seconded
by Commissioner Plummer, adopted said ordinance by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9120.
The City Attorney read the ordinance into the public record and announced
that copies were available to the members of the City Commission and copies
were available to the public.
M1. N u 6 1984
r
51. FIRST AND SECOND READING ORDINANCE: REVISING ORANGE BOWL PARKING
CHARGES IN CONNECTION WITH SrAS10N RESERVED STUDENT PARKING PASS,
FOR PASSENGER CARS OPERATED BY UNIVERSITY OF MIAMI STUDENTS.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SURSECTION (a) OF SECTION 39-24 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, GOVERN-
ING ORANGE BOWL PARKING CHARGES; BY ADDING THERETO A NEW
PARAGRAPH (ii)(c) WHICH SETS FORTH A FORMULA FOR DETERMIN-
ING THE COST Of' A SEASON RESERVED STUDENT PARKING PASS FOR
PASSENGER CARS OPERATED AND USED BY UNIVERSITY OF MIAMI
STUDENTS; CONTAINING A REPEALER PROVISION AND A SEVERABIL-
ITY CLAUSE; AND DISPENSING WITH THE REQUIREMENT OF READING
SAME ON TWO SEPARATE. DAYS BY A VOTE OF NOT LESS THAN FOUR -
FIFTHS OF THE MEMBERS OF THE COMMISSION.
Was introduced by Commissioner Plummer and serrnded by Commissioner Gibson
for adoption pursuant to Section 4, Paragr"ph (f) of the City Charter, dis-
pensing with the requirement of reading same on two separate days by a vote
of not less than four -fifths of the members of the Commission -
AYES: Commissioner J. I, Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo.
Whereupon the Couanission, on motion of Commissioner Plummer and seconded
by Commissioner Gibson, adopted said ordinance by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9121.
The City Attorney read the ordinance into the public record and announced
that copies were available to the members of the City Commission and copies
were available to the public.
169
52. FIRST AND SECOND READING ORDINANCE: ESTABLISH NEW TRUST 6 AGENCY
FUND: " COMMUNITY DEVELOPMENT COUNTY SUPPLEMENT AND APPROPRIATING
$37,100 THERE TO RECEIVE FUNDS FROM DADE COUNTY TO SUPPLEMENT CITY
SOCIAL SERVICE PROJECTS.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8719
ADOPTED OCTOBER 26, 1977, THE SUMMARY GRANT APPROPRI-
ATIONS ORDINANCE, BY ESTABLISHING A NEW TRUST AND AGENCY
FUND ENTITLED COMMUNITY DEVELOPMENT COUNTY SUPPLEMENT;
AND APPROPRIATING $37,100 FOR THE EXECUTION OF SAME;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CON-
FLICT HEREWITH; AND CONTAINING A SEVERABILITY PROVISION;
AND DISPENSING WITH THE REQUIREMENT OF READING THE SAME
ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -
FIFTHS OF THE COMMISSION.
Was introduced by Commissioner Lacasa and seconded by Commissioner Gibson
for adoption pursuant to Section 4, Paragraph (f) of the City Charter, dis-
pensing with the requirement of reading same on two separate days by a vote
of not less than four-!`ifths of the members of the Commission -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo.
Whereupon the Commission, on motion of Commissioner Lacasa and seconded
by Commissioner Gibson, adopted said ordinance by the following vote:
AYES. Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9122.
The City Attorney read the ordinance into the public record and announced
that copies were available to the members of the City Commission and copies
were available to the public.
1'70
JUK 2 61984
53. FIRST AND SECOND READING ORDINANCE: CORRECT SCRIVENER'S
ERROR - CIVIL SERVICE RULES & REGULATIONS.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE NO. 8977
ADOPTED JULY 24, 1979 WHICH ESTABLISHED NEW CIVIL SERVICE
RULES AND REGULATIONS FOR THE CITY OF MIAMI, FLORIDA,
AND REPEALED THE THEN EXISTING CIVIL SERVICE RULES AND
REGULATIONS (ORDINANCE NO. 6945), FOR THE PURPOSE OF COR-
RECTING A SCRIVENER'S ERROR WHICH HAD TRANSPOSED THE WORD
"APPOINTMENT" TO THE INCORRECT WORD "APPLICATION" IN
RULE 6 "EXAMINATIONS", .SECTION 6.7. "SENIORITY", SUB-
SECTION (a) CONCERNING THE BASE OR REFERENCE DATE FOR
COMPUTING SENIORITY IN PROMOTIONAL SITUATIONS FOR CLhSSI-
FIED CIVIL SERVICF EMPLOYEES; CONTAINING A REPEALER PROVI-
SION AND A SEVERALILiTY CLAUSE; AND DISPENSING WITH THE
REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE
OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COM-
MISSION.
Was introduced by Commissioner Plummer and seconded by Commissioner Gibson
for adcYtion pursuant to Section 4, Paragraph (f) of the City Charter, dis-
pensing with the requirement of reading same on two separate days by a vote
of not less than four -fifths of the members of the Commission -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo.
Whereupon the Commission, on moti(in of Commissioner Plummer and seconded
by Commissioner Gibson, adopted said ordinance by the following vote:
AYES: Commissioner L. Plummer, Jr.
^ommissioner (Rev.) Theodore R. Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9123.
:The City Attorney read the ordinance into the public record and announced
that; copies were available to the members of the City Commission and copies
were available to the public.
1'71
JUN 26',98U
ka
54. DEFERRAL OF ACCEPTANCE OF STUDY BY E.H. FRIEND AND COMPANY
nN FUNDING ALTERLATIVES CONCERNING THE CITY'S rw4blos raviin94
Mayor Ferre: On Item 15 let me just for the record say that I have discussed
the legal aspects of this matter with several attorneys including the attorney
that is handling this case for the City of Miami and it is their considered
opinions that the City of Miami legally can not abrogate or abdicate its respon-
sibility no matter what ordinance is or is not passed. In other words this is
the responsibility of the City of Miami. We have that responsibility. In
other words we cannot abrogate that responsibility because it deals with taxing
matters since these are funds that come from the people in tax funds, the
utilization of these moneys must be dealt with by the City.
Mr. Plummer: Under discussion, Mr. Grassie,....
Mayor Ferre: Did I say that right, Mr. Grassie? Excuse me, J. L.
Mr. Grassie: Yes, sir, you did.
Mayor Ferre: Go ahead.
Mr. Plummer: has copies of this been made available to all parties vitally con-
cerned?
Mr. Grassie: I can't answer that question, Commissioner. Do you know whether
copies of the Friend Report have been made available to presumably some of the
union representatives?
Mr. Plummer: No, I'm concerned more in the boards for their comment - the
boards.
Mayor Ferre: Pension Boards.
&r. Plummer: we have two pension boards, have copies been afforded to them?
Mr. Howard Gary: I can't respond to that question, 1 don't know....
Mr. Grassie: They have been afforded to the chairmen but I can't respond to you
on this whether....
Mr. Plummer: Well, Mr. Carollo and I.... No, excuse me, I'm no longer, I
resigned.
Mr. Grassie: Oh, that's right, you did. But I can't tell you whether all of
the members have this.
Mr. Plummer: Mr. Mayor, I am going to move that the matter be deferred and
giw them the right to, you know, to look at it, to study and give their
igptt.
Mayor Ferre: Does that create any problems for us?
Mr. Grassie: Well, in this sense it creates a problem, Mr. Mayor. You know
that we have outside attorneys who are defending the City against a lawsuit
that does inovlve a similar question.
Mayor Ferre: Well the question is very specific, Mr. Grassie, the deferral
between now and the loth day of July, will it create hardship for the attor-
neys or for you or for anybody if this item be deferred? If it doesn't create
hardship then my vote is for deferral. If it does create then I will try to
override Plummer. I mean if you can convince me....
Mr. Grassie: We can wait that long, Mr. Mayor.
Mayor Ferre: Okay, then why force an issue when a Commissioner has asked for
a deferral?
Mr. Plummer: Well, but I do, Mr. Mayor, because it is most important to Mr.
Grassie for the purposes of budget that there must be a response back and
172 :;:;
whatever comments wish to be made no later than the 24th of July, it cannot
be drug out and I understand that. So what I'm saying is that this matter
is to be rescheduled before this Commission on the 24th of July and that cop-
ies be made available to both boards for comment.
Mayor Ferre: Mr. Grassie, now want to be, you know it's late and we're all
tired and we're not thinking completely, you know, sharp as we usually could
be. So are you sure? I mean we don't need this, right?
Mr. Grassie: I am reasonably sure that we can wait until July loth. What I
would like to do is to distribute at least the summary of the report provided
by Friend, if we have copies, enough copies, distribute the whole thing to
all of the board members but ask that they get back to us by the 7th and we
intend to bring this back on your agenda on July loth.
Mr. Plummer: Fine, I've got no problem with that.
Mayor Ferre: I will give you an extra copy because I have an extra copy here.
I've got two copies, I think some of you might have two copies so here is an
extra copy that I'll give to you.
Upon motion of Commissioner Plummer, seconded by Commissioner Lacasa,
agenda item #25 was deferred by the following vote -AYES: Mr. Plummer, Mr.
Lacasa, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo.
55. AUTHORIZING CITY MANAGER TO EXECUTE ASSIGNMENT AGREEMENT WITH
THE U.S. HUD FOR THE SERVICES OF A HOUSING REHABILITATION
SPECIALIST -ALLOCATE $16,500 THEREFOR.
The following resolution was introduced by Commissioner Lacasa, who moved
its adoption:
RESOLUTION NO. 80-486
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
ASSIGNMENT AGREEMENT WITH THE UNITED STATES DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT FOR THE SERVICES OF A
HOUSING REHABILITATION SPECIALIST AND AUTHORIZING $16,500.00
TO BE ALLOCATED FOR THIS PURPOSE FROM SIXTH YEAR COMMUNITY
DEVELOPMENT FUNDS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo.
113 JUN 261990
i
56. ALLOCATE $828,857 OF SIXTH YEAR C0121UNITY DEVELOPMENT BLOCK
GRAN'i FUNDS PREVIOUSLY APPROPRIATED, TO PREVIOUSLY APPROVED
SOCIAL SERVICE PROGRAMS FOR CONTRACT PERIOD: JULY 1-1980 AND
ENDING JUNE 30-1981.
The following resolution was introduced by Commissioner Lacasa, who moved
its adoption:
RESOLUTION NO. 80-487
A RESOLUTION ALLOCATING $828,857 OF SIXTH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS PREVIOUSLY APPROPRIATED BY
ORDINANCE NO. 9102, ADOPTED MAY 22, 1980, Tn PREVIOUSLY
APPROVED SOCIAL SERVICE PROGRAMS FOR THE CONTRACT PERIOD
COMMENCING JULY 1, 1980, AND ENDING JUNE 30, 1981: FURTHER
AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS WITH
SAID APPROVED SOCIAL SERVICE PROGRAMS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo.
57. ALLOCATE $162,720 OF C0121UNITY DEVELOPMENT 6TH YEAR BLOCK GRANT
FUNDS FOR THL PERIOD JULY 1, 1980-JUNE 30-1981 TO ACTION
COWMITY CENTER, INC.(PROVIDE TRANSPORTATION TO ALLAPATTAH,
LITTLE HAVANA, ETC.)
Mr. Octavio Blanco: Mr. Mayor, the problem that I was trying to convince
the staff is that we do have every year the same problem with the CETA posi-
tions. Right now we only have four or three out of nine positions, we only
have four CETA positions filled. All these new CETA positions that I have
are over $9,000. They will be finished by the and of, in two months we will
finish with every position that we've got and then they will be coming in the
low salary, $7,171 and every time like right now that we only have four
drivers working the freeze comes out and you can't get the drivers and what I
was trying to do, and I asked it to the staff members to see if we can come
out and get rid these CETA positions and I presented to them a budget for
$270,000 so that's why it will be out of the CETA positions because there is
no way that we can get the people working for that type of money and every
time there is somebody moved when we want to ask the positions they come out
that there is a freeze....
Mayor Ferre: Let me understand this, you want to go from 160 to 276, Ls that
what he is saying? And what is the $110,000 for?
Mr. Blanco: It is for the eight positions of the drivers, eight drivers posi-
tions.
Mayor Ferre: Eight drivers for $120,000?
Mr. Blanco: Well, plus a little bit in gas. I was discussing with, we spent
over three hours with....
Mayor Ferre: What's the staff's recommendation?
Mr. Blanco: They can tell you if the budget that I presented to them is in-
flated or what, it is a true, the only thing that they say is they don't
have enough money but I do believe you can ask anyone on the staff what hap-
pened, if there is anything wrong with this budget. The only thing wrong
that they say is that there isn't enough money.
9
Mr. Fosmoen: Mr. Mayor, we've been working with Mr. Blanco for several
hours trying to work through the problem.
Mayor Ferre: Go ahead.
Mr. Fosmoen: Mr. Mayor, we have been trying to work through the problem, we
think that there may be some solutions in using some CETA slots for drivers,
we think we may be able to fill vacancies. What we would recommend is that
you approve this budget this evening and we will continue to work with Mr.
Blanco over the next several weeks.
Mayor Ferre: All right, would you come back then at the next meeting or
certainly by the 23rd with a recommendation on your alternate proposal?
Mr. Fosmoen: Yes.
Mayor Ferre: All right, is there a motion on 29?
Rev. Gibson: Move.
Mr. Lacasa: Dick, do I understand correctly that you are going to discuss
with them further the question raised by them and then, come back on the loth?
Mr. Fosmoen: Yes Mr. Lacasa, I second on the motion.
The following resolution was introduced by Commissioner Gibson, w.- moved
its adoption:
RESOLUTION NO. 80-488
A RESOLUTION ALLOCATING ACTION COMMUNITY CENTER, INC. $162,720
C:' COMMUNITY DEVELOPMENT SIXTH YEAR BLOCK GRANT FUNDS FOR THE
PERIOD COMMENCING JULY 1, 1980, AND ENDING JUNE 30, 1981; SAID
FUNDING TO PROVIDE TRANSPORTATION TO THE ALLAPATTAH, LITTLE
HAVANA AND OTHER NEIGHBORHOOD STRATEGY AREAS OF THE CITY OF
MIAMI; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO
AGREEMENT WITH SAID APPROVED SOCIAL SERVICE AGENCY.
(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
1dopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
absent; Commissioner Joe Carollo.
175
58. TRANSFER FUNDS FROM LITTLE HAVANA STREET IMPROVEMENTS TO LITTLE
HAVANA COMMUNITY CENTER TO COVER OVERRUN OF CONSTRUCTING AIR RIGHTS
PLATFORM FOR SECTION 8 ELDERLY HOUSING PROJECT AT LITTLE HAVANA
COMMUNITY CENTER
The following resolution was introduced by Commissioner Lacasa, who moved
its adoption:
RESOLUTION NO. 80-489
A RESOLUTION TRANSFERRING FUNDS FROM LITTLE HAVANA STREET
IMPROVEMENTS TO THE LITTLE HAVANA COMMUNITY CENTER IN THE
AMOUNT OF $48,000, TO COVER THE PROJECTED COST OVERRUN OF
CONSTRUCTING THE AIR RIGHTS PLATFORM FOR THE SECTION 8
ELDERLY HOUSING PROJECT AT THE LITTLE HAVANA COMMUNITY
CENTER.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ancrmT: commissioner Joe Carollo.
59. APPROVE EXECUTION OF CONTRACT RELATING TO HOUSING PROJECT
DESIGNATED "DADE 8-12 TOWNPART" PURSUANT TO BASIC AGREEMENT BETWEEN
CITY OF MIA111 ANT) DADE COUNTY DATED JULY 16, 1976.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 80-490
A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A
PROJECT CONTRACT RELATING TO THE HOUSING PROJECT IN THE CITY
OF MIAMI DESIGNATED DADE 8-12 (TOWNPARK) PURSUANT TO THE
BASIC AGREEMENT FOR FINANCING HOUSING IN THE CITY OF MIAMI
BY AND BETWEEN DADE COUNTY AND THE CITY OF MIAMI, DATED JULY
19, 1976, AS AMENDED, AND MAKING CERTAIN DETERMINATIONS WITH
REGARD TO SAID HOUSING PROJECT IN ACCORDANCE WITH SAID AGREE-
MENT.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was passed and
adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo.
1'76 4.3
i
60. AUTHORIZE INCREASE IN CONTRACT WITH SHAFFER AND MILLER
CONSTRUCTION INC FOR CONSTRUCTION OF ADMINISTRATION BUILDING.
The following resolution was introduced by Commissione_ Lacasa, who moved
its adoption:
RESOLUTION NO. 80-491,
A RESOLUTION AUTHORTZTNG AN ADDITIONAL INCREASE IN THE CON-
TRACT, IN THE AMOUNT OF $65,238, BETWEEN THE CITY OF MIAMI AND
SHAFER AND MILLER, INC. FOR THE. CONSTRUCTION OF THE ADMINIS-
TRATION BUILDING; SAID FUNDS TO BE PROVIDED ENTIRELY BY THE
ECONOMIC DEVELOrMF,NT AL:6IINTSTRATTON APPROVED ADJUSTMENT WITHIN
THE FEDERAS , AN") LOCAL. PUBIC WOP.KS PROJECT GRANT FUNDS PROVIDED
FOR THIS FROJECT; AN') 7OUTHORI'LING THE CITY MANAGER TO REDUCE
THE 10* RETATNAGf, oll T17L PR'VECT TO 2. ` t .
(Here follows body of rescl,iti^n, omitted 'here and on file
in the Office of th, City
Upon beinc: seconded by Commissioner Gibson, tht, resolution, was pz�ssee, and
adopted by the fol i ,.::ul vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissicner (Rev.) Theodore Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo_
61. PROVIDE GRANT OF CASH ASSISTANCE IN THL AMOUNT OF $5,000
1N CONNECTION I71TH THE 51H ANNUAL RE-ENCUENTRO CURANO.
The following resolution was introduced by Commissioner Lacasa, who moved
its adoption:
RESOLUTICN NZ�. 80-492
A RESOLUTION IN CONNECTION WITH THE 5TH ANNUAL :2-ENCUENTRO
CUBANO, SPONSORED BY THE CITY 01' :11;01I , Ti,,E UNIVFP—c TTY OF
MIAMI, AND THE NATIONAL ENDOWMENT FOR THE ARTS V'HICH IS TO
BE HELD ON JU14E 10 THROUGH JU LY 6, 1980; PROVIDING A GRANT
OF CASH ASSISTANCE IN THE AMOUNT OF $5,000 TO RE-ENCUENTRO
CUBANO, UNIVERSITY OF MIAM,1, SAID FUNDS TO BE ALLOCATED
FROM SPECIAL PROGRAMS A14D ACCOUNTS, QUALITY OF LIFE PROGPAM -
CO.MMUNITY FESTIVALS; ANL FURTHER PROVIDING THAT THE SAID
ASSOCIATION SUBMIT TO THE CITY MANAGER, WITHIN 60 DAYS FROM
THE DATE OF SUCH FESTIVAL, A DETAILED ACCOUNTING OF GROSS
RECEIPTS RECEIVED BY IT BY WAY OF FEES AND FUNDS RAISED
CONNECTION WITH THE AFORESAID FESTIVAL, TOGETHER WITH A
DETAILED ACCOUNTING OF FUNDS DISBURSED, INCLUDING THE MANNER
IN WHICH NET PROFTTS ARE TO BE DISBURSED, TOGETHER WITH A
STATEDLENT OF `iHE SUMS DISBURSED.
(Here follows body of resolution, omitte(3 here and on file
in the Office of the City Clerk.)
Upurt being seconded by Commissioner Pl;unmer, the resolution was passed and
.Idt,pted by the following vote -
AYES: Coommissioner .T. L. Plummer, Jr.
Commissioner (Rev.) Theudcre Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo.
jum
62. ISSLZ WASTE COLLECTION LICENSES TO:
(a) BILLS WASTE SERVICE;
(b) COUNTY WASTE, INC.
(c) GENERAL HAULING SERVICE, INC.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 80-493
A RESOLUTION AUTHORIZING THE ISSUA14CE OF WASTE COLLECTION
LICENSES TO BILL'S WASTE SERVICE; COUNTY WASTE, INC.; AND
GENERAL HAULING SERVICE, INC. PERMITTING THEM TO COMMENCE
DOING BUSINESS UPON FULL COMPLIANCE WITH CNIPTER 20 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Lacasa, the resolution was passed and
adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner. (Rev.) Theodore Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
63. APPOINT NEIL SCHIFF TO CITY OF MIAMI/UNIVERSITY OF MIAMI J.NMES
L. KNIGHT INTERNATIONAL CENTER ADVISORY COMMITTEE.
The following resolution was introduced by Commissioner Gibson, who moved
its adoption:
RESOLUTION NO. 80-494
A RESOLUTION APPOINTING NEIL SCHIFF TO THE CITY OF MIAMI/
UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER
ADVISORY COMMITTEE.
(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 (Rev.) Theodore Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo.
178 jun P) P, ,oco
64. CLAIM SETTLEMENT - EVE DICKIF AND ELLEN ELA.
The following resolution was introduced by Commissioner Lacasa, who moved
its adoption:
RESOLUTION NO. 80-495
A RESOLUTION AUTIIOR171ND1 THE DIRECTOR OF FINANCE TO PAY
TO EVE DICKIF AND EI.1.EN ELA, WITHOUT THE ADMISSION OF
LIABILITY, THE AGGREGATE SUM OF $20,000.00, INCLUSIVE
OF ATTORNEY'S FEES, IN FULL AND COMPLETE SETTLEMENT OF
ALL CLAIMS AND DEMANI)S IN CONJUNCTION WITH A LAWSUIT
INVOLVING THE CCi+VEYANCE OF EAST + OF LOT 52 POMONA SUB-
DIVISION AND EAST � GF LOT 26 OF POMONA SUBDIVISION
AGAINST THE CITY CF MIAMI, CONDITIONED UPON VOLUNTARY
DISMISSAL WITH PREJUDICE OF THE LAWSUIT AGAINST THE
CITY OF MIAMI AND OTHEI: r)%PT?E:;.
(Here follows boiy of resolution, omitted here and on file
in the Office cjZ the :i+.y Clerk.)
Upon bein,- s_•.ond�:d by Commissi_orer Gibson, the resolution was passed and
adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo.
65. TRANSFER $20,000 6TH YEAR C.D. BLOCK GRANT FUNDS TO "BLACK ARCHIVES'
HISTORY AND RESEARCH FOUNDATION OF SOUTH FLORIDA. AN AGENCY TO
SURVEY AND ASSESS RLCORDS RELATING TO BLACK HISTORY IN OVERTOWN
AREA.
The following resolution was introduced by Commissioner Gibson, who moved
its adoption:
RESOLUTION NO. 9:)-496
A RESOLUTION TRANSFERRING $20,000 OF SIXTH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS FROM OVERTOWN HOUSING REVITAL-
IZATION TO BLACK ARCHIVES, HISTORY AND RESEARCH FOUNDATION
OF SOUTH FLORIDA, INC. FOR THE PURPOSE OF SURVEYING AND
ASSESSING RECORD£ RELATING TO BLACK HISTORY Iti THE OVERTOWN
AREA FOR THE PERIOD COMMENCING JULY 1, 1990, AND ENDING JUNE
30, 1981; FURTHER AUTHORIZING, THE CITY MANAGER TO ENTER INTO
AGREEMENT WITH SAID AGENCY.
(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
acf(.ptt.l by tht. tollowiny vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo.
179 v ` '
66. AUTHORIZE DISPOSITION OF "NO-LONGER-SERVICABLE"
(EQUIPMENT 10 RADIOS) DONATING SAME TO ACTION COMMUNITY
CENTER, INC.
Mayor Ferret Lacasa saves the following resolution: (The Mayor read the title
of the resolution into the public record). Seconded by Plummer, and make sure
now that they are working in November properly for....
Mr. Plummer: Let the record reflect that they were offered to the Sister City
Program and the indication was there was not a need for said.
Mayor Ferre: The Clerk is instructed to strike the last two sentences off the
record. Call the roll.
The following resolution was introduced by Commissioner Lacasa, who moved
its adoption:
RESOLUTION NO. 80-497
A RESOLUTION AUTHORIZING THE DISPOSITION OF CERTAIN NO -
LONGER SERVICEABLE EQUIPMENT, TO WIT: 10 MOBILE RADIOS,
AND AUTHORIZING THE DONATION OF THESE RADIOS TO THE
ACTION COMMUNITY CENTER, INC. WITH THE UNDERSTANDING
THAT THE SAID AGENCY WILL BE RESPONSIBLE FOR ALL LICENSING
REQUIREMENTS OF THE FEDERAL COMMUNICATIONS COMMISSION.
(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 (Rev.) -Theodore Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
67. AUTHORIZE EXPENDITURE OF $4,425 TO PARTLY DEFRAY EXPENSES FOR
RECEPTION AT MIA24ARINA-OPENING OF "ANNUAL NATIONAL CONVENTION'
OF NATIONAL ASSOCIATION FOR ADVACEMENT OF COLORED PEOPLE.
The following resolution was introduced by Commissioner Gibson, who moved
its adoption:
RESOLUTION NO. 80-498
A RESOLUTION AUTHORIZING THE EXPENDITURE OF $4,425 FROM
THE SPECIAL PROGRAMS AND ACCOUNTS - QUALITY OF LIFE FUND
TO PARTLY DEFRAY THE EXPENSES OF THE RECEPTION TO BE
HELD ON JUNE 29, 1980 AT THE MIAMARINA IN CONNECTION WITH
THE OPENING OF THE ANNUAL NATIONAL CONVENTION OF THE NATIONAL
ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE.
(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 (Rev.) Theodore Gibson
Vice -Mayor Armando Lacasa .
Mayor Maurice A. Ferro
NOES: None.
ABSENT: Commissioner Joe Carollo.
180
'aUF el R Vol j
68. ESTABLISH DATE OF JUNE 30, 1980 AT 2:00 O'CLOCK P.M. CITY
C0121ISSION MEETING ON CONFERENCE -CONVENTION CENTER ISSUES,
INCLUDING SALE OF BONDS.
The following resolution was introduced by Commissioner Gibson, who move!
its adoption:
RESOLUTION NO. 80-499
A RESOLUTION SCHEDULING A REGULAR CITY COMMISSION MEETING
ON JUNE 30, 1980, AT 2:00 P.M., AT WHICH MEETING THE ONLY
ITEM OF BUSINESS TO BE CONSIDERED WILL BE THE CITY OF MIAMI/
UNIVERSITY OF MIAMI JAMES L. KNIGHT INTFRNATIONAL CENTER,
INCLUDING AUTHORIZATION FOR THE SALE OF BONDS IN CONNECTION
THEREWITH.
(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 (Rev.) Theodore Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
69. BRIEF DISCUSSIONS:
(a) GOOMBAY FESTIVAL
(b) PENDING LEGISLATION INRE PERSONAL LIABILITY OF CITY COItIISSION
UNDER CERTAIN CIRCUMSTANCES
(c) FIRST BROADCAST OF VOICE OF AMERICAS IN SPANISH
Mr. Plummer: Mr. Mayor, I'd like to go back on the Consent Agenda. Mr. Mayor,
I'd like to go back to Item 41. That's the Goombay Festival. All right? I'm
going to express the same concern. Mr. Grassie, I think you know what Father
was getting at before. What is our cash contribution to that festival?
Mr. Grassie: Well, they've asked for a larger contribution this year, it is
now nine thousand....
Mr. Plummer: What has been approved, anything at all?
Mrs. Angela Bellamy: Yes, we've approved $9,000 in cash and I believe it is
no, $9,000 in -kind services and $6,000 cash and that is the same as it was
last year, however, the budget has increased this year by $17,000.
14r. Grassie: Their portion of the budget.
Mr. Plummer: All right, Mr. Grassie, you know, I'm going to express a like
concern. This year is not last year. Okay? I would like the -.'ainistration
to come back at the next meeting - God forbid things don't go right. Okay?
And I want to tell you for one, and I think that every member of this Commis-
sion, we want that thing to go right. And, Mr. Grassie, if you have any ideas
that you feel that would help to strengthen the position that that thing will
come off which we will all be proud in any way I want you to come back here
at the next meeting and say to this Commission we feel to enhance that festival
and make sure it is done right the following. I don't want to scrimp, I really
don't, not this year. Okay? I've opened and closed that matter, Mr. Mayor,
now I have one other thing to discuss and since you just sold Santa Maria you
had better listen. Before you didn't have a problem. Mr. Knox, I am informed
Of a recent Supreme Court decision which has affected every one of us I think
sitting here and I would like a report back from you if what I have been told
is true then also from the administration. In previous years it has been my
understanding that if the City Attorney made a ruling and that ruling was com-
plied with by this Commission - (INAUDIBLE COMMENT BY MAYOR FERRE) - I'm just
putting it in the record and I want an answer back. We now, it is my under-
standing, regardless of what 1181
JUN 261980
Tape #16 - 6/26/80
Mr. Plummer: ...understanding, regardless of what the City Attorney rules, if we
rule and knowingly know that it's wrong, we stand individually responsible.
Mayor Ferro: Ok, you answer that on July the loth, would you please. Would
you also while you are answering legal questions also answer what's going on
with and that guy in Texas and how much money we spent and where
are we and where are we going on that? And would you also bring up the African
Trade Fair for discussion sometime in July?
Mr. Lacasa: I just want to say two things here. One is that the Voice of
America broadcasted for the first time, it's program Buenos Dias Americas
that is heard by forty million Latin Americans. I want that on the
record. From Miami and that they will continue to do so in the future, that's
It.
Mayor Ferro: I want you to know how very happy I am that you shared that with
us. Alright, this Commission stands adjourned. Thank you and good night.
ADJOURNMENT:
There being no further business to come before the City Commission.
on motion duly made and seconded, the meeting was adjourned at 2:00
A.M.
ATTEST: RALPH G. ONGIE
CITY CLERK
MATTY HIRAI
ASSISTANT CITY CLERK
MAURICE A. FERRE
MAYOR
it
Il
182 jU;�1 stV��
p"AMR
.,.DOCUMENT
IT04 NO
1
2
oll
4
5
6
7
8
9
10
11
12
13'
14
AAMTMIM DATE: -
June 26, 1980
INDEX.
DOCL*Vff IDENTIFICATION
COMMISSION AGENDA AND CITY CLERK REPORT
FINDING THAT MANY AREAS OF SLUM AND BLIGHT
EXIST WITHIN A DEFINED PORTION OF THE CITY
AUTHORIZING AND DIRECTING THE CITY MANAGER
TO PREPARE A COMMUNITY REDEVELOPMENT PLAN OR
A GENERAL NEIGHBORHOOD REDEVELOPMENT PLAN FOR
A DESIGNATED PORTION OF THE CITY AND PRESENT
SAID PLAN TO THE CITY COMMISSION FOR STUDY AND
APPROVAL
TRANSFERRING $93,700 FOR SIXTH YEAR COMMUNITY
DEVELOPMENT GRANT FUNDS FROM DINNER KEY ISLAND
PARK TO LITTLE HAVANA ACTIVITIES AND NUTRITION
CENTERS OF DADE COUNTY, INC.
AMENDING SECTION 1 OF RESOLUTION 80-382
ADOPTED MAY 22, 1980
ACCEPTING THE BID OF FRISA CORPORATION IN THE
PROPOSED AMOUNT OF $458,176.67
ACCEPTING THE BID OF SUPERTURF, INC.
ACCEPTING THE BID OF BERMER INTERNATIONAL
CORPORATION
ACCEPTING THE BID OF STEELCARE, INC.
ACCEPTING THE BID OF ALLIED ELECTRIC SUPPLY
CO.
ESTABLISHING SEPTEMBER 11, 1980, AS THE DATE
FOR A PUBLIC HEARING CONCERNING INSURANCE OF
A DEVELOPMENT ORDER FOR NASHER PLAZA
DIRECTING THE CITY CLERK TO PUBLISH A NOTICE
OF PUBLIC HEARING FOR OBJECTIONS TO THE
ACCEPTANCE BY THE CITY COMMISSION OF THE
COMPLETED INSTALLATION OF COCONUT GROVE BUSI-
NESS AREA DECORATIVE PEDESTRIAN -SCALE STREET
LIGHTING PROJECT
DIRECTING THE CITY CLERK TO PUBLISH A NOTICE
OF PUBLIC HEARING FOR OBJECTIONS TO THE ACCEP
TANCE BY THE CITY COMMISSION OF THE COMPLETEDI
CONSTRUCTION OF SOUTH BAY SANITARY SEWER IM-
PROVEMENT
CLOSING CERTAIN STREETS TO THROUGH TRAFFIC
ON SUNDAY, AUGUST 3, 1980 BETWEEN 12:00 P.M.
AND 9:00 P.M.
0070
R-80-452 80-452
R-80-453
80-453
R-80-461
80-461
R-80-462
80-462
R-80-463
80-463
R-80-464
80-464
R-80-465
80-465
R-80-466
80-466
R-80-467
R-80-4681
80-467
1 80-468
R-80-469
80-469
R-80-470
80-470
R-80-471
80-471
DOCUMENTIINDEN
E:ql5
CONTINUED- -
is RETRIEVAL
DKUhVff IDENTIFICATION CODE NO.
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
ATTACHED AGREEMENT WITH WALLACE, ROBERTS AND
TODD
CLOSING, VACATING, ABANDONING AND DISCONTINU-
INT THE PUBLIC USE OF A PORTION OF THE ALLEY
LOCATED IN BLOCK BOUNDED BY SOUTHEAST 12TH
TERRACE, SOUTHEAST 13TH STREET, BRICKELL AVE-
NUE AND SOUTH BAYSHORE DRIVE
GRANTING A PETITION FOR A PLANNED AREA DE-
VELOPMENT (PAD) ON LOTS 42,43 AND 44; BLOCK
"B"; MARY & WILLIAM BRICKELL SUB
GRANTING A VARIANCE FROM ORDINANCE NO. 6871,
ARTICLE XI-2, SECTION 5, TO PERMIT CONSTRUC-
TION OF AN 180-UNIT APARTMENT PROJECT EAST OF
E'LY BOUNDARY LINE OF THE S.E. 2ND AVENUE
BRIDGE APPROACH ACROSS THE MIAMI RIVER
GRANTING A VARIANCE FROM ORDINANCE NO. 6871,
ARTICLE XI-2 SECTION 3(2) AND 3(4)(a)
GRANTING A VARIANCE FRAM ORDINANCE NO. 6871,
ARTICLE XI-2 SECTION 6(1).
ACCEPTING THE PLAT ENTITLED PERCIVAL GARDENS
FIRST ADDITION, A SUBDIVISION IN THE CITY OF
MIAMI.
ACCEPTING THE PALT ENTITLED BISCAYNE FEDERAL
PLAZA FIRST ADDITION.
ACCEPTING THE PLAT ENTITLED "COCONUT GROVE
ESTATES"
ACCEPTING THE COMPLETED WORK OF MARKS BROTHERS
COMPANY FOR THE COCONUT GROVE BUSINESS AREA
HIGHWAY IMPROVEMENT -BIDS A AND B.
AMENDING RESOLUTION NO. 80-288, ADOPTED APRIL
10, 1980
CONFIRMING A SUPPLEMENTAL PRELIMINARY ASSESS-
MENT ROLL FOR LE JEUNE GARDENS HIGHWAY IMPROVE-
MENT
ACCEPTING THE COMPLETED WORK PERFORMED BY
INTERCOUNTY CONSTRUCTION CORPORATION AT A
TOTAL COST OF $3,289,414.20
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
ASSIGNMENT AGREEMENT WITH THE UNITD STATES
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
ALLOCATING $828,857 OF SIXTH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS PREVIOUSLY
APPROPRIATED BY ORDINANCE NO. 9102
ALLOCATING ACTION COMMUNITY CENTER INC.
$162,720 OF COMMUNITY DEVELOPMENT §IXTH YEAR
BLOCK GRANT FUNDS
R-80-472
R-80-475
R-80-477
R-80-478-A
R-80-478-B
R-80-478-C
R-80-479
R-80-480
R-80-481
R-80-482
R-80-483
R-80-484
R-80-485
R-80-486
R-80-487
R-80-488
80-472
80-475
80-477
80-478-A
80-478-B
80-478-C
80-479
80-480
80-481
80-482
80-483
80-484
80-485
80-486
80-487
80-488
DOCUMENTINDEX
CONTINUED
:IV MCA DOCUMENT IDENTIFICATION
31
32
33
34
35
36
37
38
39
40
41
TRANSFERRING FUNDS FORM LITTLE HAVANA STREET
IMPROVEMENTS TO THE LITTLE HAVANA COMMUNITY
CENTER IN THE AMOUNT OF $48,000
APPROVING AND AUTHORIZING THE EXECUTION OF A
PROJECT CONTRACT RELATING TO THE HOUSING
PROJECT IN THE CITY OF MAIMI DESIGNATED DADE
8-12 (TOWNPARK) PURSUANT TO THE BASIC AGREE-
MENT FOR FINANCING HOUSING IN THE CITY OF
MIAMI BY AND BETWEEN DADE COUNTY AND THE CITY
OF MIAMI
AUTHORIZING AN ADDITIONAL INCREASE IN THE
CONTRACT, IN THE AMOUNT OF $65,238, BETWEEN
THE CITY OF MIAMI AND SHAFER AND MILLER, INC
THE UNIVERSITY AND THE CITY OF MIAMI, AND THE
NATIONAL ENDOWMENT FOR THE ARTS WHICH IS TO
BE HELD ON JUNE 10 THROUGH JULY 6, 1980; PRO-
VIDING A GRANT OF CASH ASSISTANCE IN THE
AMOUNT OF $5,000
AUTHORIZING THE ISSUANCE OF WASTE COLLECTION
LICENSES TO BILL'S WASTE SERVICE
APPOINTING NEIL SCHIFF TO THE CITY OF MIAMI/
UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNA-
TIONAL CENTER ADVISORY COMMITTEE
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
TO EVE DICKIE AND ELLEN ELA, WITHOUT THE ADMIS
SION OF LIABILITY, THE AGGREGATE SUM OF
$20,000.00, INCLUSIVE OF ATTORNEY'S FEES, IN
FULL AND COMPLETE SETTLEMENT OF ALL CLAIMS AND
DAMANDS
TRANSFERRING $20,000 OF SIXTH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS FROM OVERTOWN
HOUSING REVITALIATION TO BLACK ARCHIVES,
HISTORY AND RESEARCH FOUNDATION OF SOUTH
FLORIDA, INC.
AUTHORIZING THE DISPOSITION OF CERTAIN NO -
LONGER SERVICEABLE EQUIPMENT, TO WIT: 10 MOBI
RADIOS .
AUTHORIZING THE EXPENDITURE OF $4,425 FROM THE
SPECIAL PROGRAMS AND ACCOUNTS -QUALITY OF LIFE
FUND TO PARTLY DEFRAY THE EXPENSES OF THE RE-
CEPTION TO BE HELD ON JUNE 29, 1980
SCHEDULING A REGULAR CITY COMMISSION MEETING
ON JUNE 30, 1980, AT 2:00 P.M.
R-80-489
R-80-490
R-80-491
R-80-492
R-80-493
R-80-494
R-80-495
R-80-496
R-80-497
R-80-498
R-80-499
80-489
80-490
80-491
80-492
80-493
80-494
80-495
80-496
80-497
80-498
80-499