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CC 1980-06-06 Minutes
CITY OF, MIAMI COMMISSION MINUTES OF MEETING HELD ON June 6, 1980 (UGULM) (PLANNING 6 ZONING) PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL RALPH G.. ONGIE CITY CLERK ITEM N0, 4 5 6 7 8 10 11 12 13 14 INDEX CI4I91ISSl0N M1AFFLORIll4 (REGULAR) � (PLANNING & ZONING) SUBJECT JUNE 6, 1980 p�I NMCE 09 RESOWTIay No, I PAGE N0, PRESENTATIONS AND PROCLAMATIONS PRESENTATIONS 1-2 INTRODUCTION BY REVEREND THEODORE R. GIBSON, OF BISHOP KELVIN 0. SCHOFIELD INTRODUCTION 2 DISCUSSION OF EDUCATIONAL BACKGROUND OF DIRECTOR OF FINANCIAL AND DISCUSSION OI' THE DISCONNECTION OF TELEPHONES IN THE PENSION OFFICE M-80-399 3-30 FIRST AND SECOND READING ORDINANCE: A1,lE:;D 1 OF 8719- ESTABLISH NEW TRUST & AGENCY 1UND-"RECREATION SUPPORT PROGRAM-1980" ORD. 9107 30 FIRST AND SECOND READTNG ORDINANCE: AMEND SEC. 1 of 8719-ESTABLISH NEW TRUST & AGENCY FUND: SUMMER FOOD SERVICE PROGRAM FOR CHILDREN-1980" ORD. 9108 31 ORDINANCE FIRST AND SECOND READING: kN1END SECTION 1 OF ORDINANCE N0.9000-INCREASE APPROPRIATION FOR ENTERPRISE FUNDS, COCONUT GROVE EXHIBITION CENTER- $25,000 ETC. ORD. 9109 32 FIRST AND SECOND READING ORDINANCE: AMEND SECTIONS 1, 2, AND 5 OF ORDINANCE 9000-OFFSET CHARGES FOR PURCHASE ORDERS ISSUED IN FY 79 AND PAID IN FY-80 ORD. 9110 33-34 FIRST AND SECOND READING ORDINANCE: AMEND SECTIONS 2 AND 5 OF ORDINANCE NO.9000-INCREASE APPROPRIATIONS FOR BUILDING AND VF,IlICI.E MAINATENANCE-HEAVY EQUIPMENT MAINTENANC'F.,ETC. ORD. 9111 34 FIRST AND SECOND READING ORDINANCE: AMEND SECTIONS 1 AND 5 OF ORDINANCE 900-INCREASE APPROPRIATIONS IN SPECIAL PROGRAMS AND ACCOUNTS IN CONNECTION WITH THE MOVE OF 5 CITY DEPARTMENTS TO THE NEW CITY ADMINISTRATION BUILDING ORD. 9112 36 AUTHORIZE CITY MANAGER TO ENTER INTO PROFESSIONAL SERVICES AGREEMENT WITH THE MIAMI CAPITAL DEVELOPMENT INC FOR THE IMPLEMENTATION OF A FINANCIAL ASSISTANCE PROGRAM (6T'H YEAR COMMUNITY DEVELOPMENT GRANT FUNDS) R-80-400 37 AUTHORIZE CITY MANAGFR TO CONTINUE CONTRACT OF HENRY THOMPSON AS PROJECT COORDINATOR OF THE CITY OF MIAMI/ UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL. CENTER PROJECT R-80-401 38 DEFERRAL OF EXECUTION OF AGREL•'MENT-WALLACE, ROBERTS & TODD-ARCHITECLURAL SERVICES-LATIN RIVERFPONT PARK DEFERRAL 39 SELECT ARLYN ENDS, CITY ARTIST: TAPESTRY FOR LITTLE HAVANA COMMUNITY CENTER (LAT'FR RESCINDED) DISCUSSION 40 AUTHORIZE CITY MANAGER TO HIRE STAFF TO PROCEED WITH PARK WEST REDEVELOPMENT -EXTEND STUDY AREA TO AREAS ADJACENT TO PARK WEST;ALLOCATE $190,000 SIXTH YEAR COMMUNITY DEVELOPMENT FUNDS R-80-403 40-41 INDEX ANAIsTioN MIAMFUSIDA (REGULAR) ITM NID, (PLANNING AND ZONING) SMCT LUNE 6, 1980 PAGE #2 tDI NMCE OR sou TioN No, PAGE NO, 15 AUTHORIZE AND DIRECT THE CITY MANAGER TO EXECUTE A CONTRACTUAL Ak,REF.MENT WITH METROPOLITAN DALE COUNTY IN CONNECTION WITH THE CITY ASSISTING METRO- DADE COUNTY DEPARTMENT OF TOURTSM,ETC. R-80-404 41-43 16 DIRECT CITY MANAGER TO ENTER INTO AGFEITiEI;T WITH MIAMI DADE COMMUNI.T7 COLLEGE FOR THE PURPOSE OF PROVIDING PROFESSIONAL TRAINING IN RECREATIONAL LEADERSHIP (CETA TITLE I1-D AND VI) R-80-405 43 17 ACCEPT DONATION OF CLOTHING AND FOOD FOR THE VICTIMS OF CIVIL DISTURBANCE;ETC. R-80-406 44 18 AUTHORIZE CITY MANAGER TO DEMOLISH UNSAFE STRUCTURES AS A RESULT OF THE. MAY 17, 19, 1980 CIVIL DISTURBAIr'CES,ETC. R-80-407 44-45 19 CONSENT AGENDA 45 19.1 ACCEPT BID-L.AMAR UNIFORMS,INC. DEPARTMENT OF POLICE AT A TOTAL COST OF $130,549.05,ETC R-80-408 47 19.2 AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH CHAMPION SPARK PLUG COMPANY FOR THE TENTH ANNUAL CHAMPION SPARK PLUG UNLIMITEII REGATTA,ETC. R-80-409 47 19.3 ACCEPT COMPLETED WORK-P.N.M. CORPORATION-EDISON LITTLE RIVER COMMERCIAL CENTER C.D. BEAUTIFICATION - PHASE I,ETC. R-80-410 47 . 19.4 ACCEPT COMPLETED WORK-J 6 G ASSOCIATES,INC.- COMPUTER OFFICE RENOVATIONS-MMPD,ETC. R-80-411 47 19.5 DIRECT CITY CLERK TO PUBLISH NOTICE OF PUBLIC HEARING IN CONNECTION WITH THE COMPLETED CONSTRUCTION BY INTERCOUNTY CONSTRUCTION COMPANY (PINES SANITARY SEWER IMPROVEMENT SR-5450-C AND SR-5450-S R-80-412 47 20 RECONSIDERATION AND DEFERRAL IN CONNECTION WITH THE SELECTION OF ARLYN ENDE AS ARTIST TO CREATE TAPESTRY FOR THE LITTLE HAVANA COMMUNITY CENTER (ITEM NUMBER 13 TAKEN UP PREVIOUSLY) M-80-413 48 21 AUTHORIZ.E SALE OF $60 MILLION DOLLARS IN REVENUE BONDS FOR THE CONFERENCE/CONVENTION CENTER R - 80-414 49-57 22 AIR -RIGHTS LEASE AGREEMENT WORLD TRADE CENTER DISCUSSION 57-60 23 AUTHORIZING CITY MANAGER TO ENTER INTO COMPANION AGREEMENT TO AIR RIGHTS LEASE AND AGREEMENT FOR WORLD TRADE CF.N'TFR/PARK ING GARAGE. R-80-415 60 - 63 24 CONTINUED -AIR RIGHTS LEASE AGREEMENT WORLD TRADE CENTER R-80-416 63-66 � r It�Dc CIiYlNSSIQJ OF MIA^1I, 93RIi14 I (REGULAR) �p TEM NO. (PLANNING AND ZONING) SMCT JUNE 6, 1,980 25 26 27 28 29 30 ' 31 32 33 34 35 36 37 MISCELLANEOUS DISCUSSION ITEMS: (A) MEDIA PARKING PROBLEMS (B) INCREASE SWORN PERSONNEL -POLICE DEPARTMENI (C) THANKS TO ALL, PERSONS WHO HELPED DURING CIVIL DISTURBANCES (D) CITY ATTORNEY REPORT ON MARINE STADIUM ENTERPRISES CONTRACT (E) DISCUSSION OF LEGISLATIVE PROGRAIM:T.R.I.M. (F) CABLE T.V.-PENDING PREE?IPTTNC LEGISLATION (G) SIGNING OF CONTRACT -"SPIRIT OF MIAMI" (H) BILL SUBMITTED BY MORTY FRIEDMAN (1) MR. GUNDERSON'S PROFESSIONAL. BACKGROUNG SECOND READING ORDINANCE: ADIEND ORDINANCE 6871 BY AMENDING SECTION 32 OF ARTICLE IV,GENERAL PROVISIONS TO PERMIT BROADCASTING TOWERS TO BE LOCATED IN ANY ZONING DISTRICT APPLICATION BY DADE COUNTY HUD -VACATION AND CLOSURE OF ALLEY LOCATED BETWEEN S.W. 17TH COURT AND S.W. 17TH AVENUE; IN CONJUNCTION WITH T.P. #1051-A-"LITTLE HAVANA 1ST ADDITION" APPLICATION BY MIGUEL A. CARBONF.LL-VACATION AND CLOSURE OF SW. 3RD STREET EAST OF S.W. 50TH AVENUE; IN CONJUNCTION WITH T.P. #1067-"NATALIA" COMMISSION POLICY VOLUNTARY OFFER BY APPLICANTS SEEKING CLOSURE OF ALLEYS, STREETS ETC. TO COMPENSATE TAXPAYERS FOR LOSS. PERSONAL APPEARANCE: ATHALIE RANGE -ACQUISITION OF BUILDING ADJOINING AFRICAN SQUARE PARK APPEAL OR DENIAL OF VARIANCE UNITED WAY OF DADE COUNTY REAR. YARDS OF OFFICE BUILDING-955 S.W. 2ND AVENUE. APPEAL DENIAL OF CONDITIONAL USE; COCOGROVE ASSOC., INC.-TO PERMIT A CONVENIENCE GROCERY STORE (FARM STORE AT THE S.W. CORNER OF THE INTERSECTION OF S.W. 27TH AVENUE AND WEST TRADE AVENUE. DENIAL OF APPEAL BY COCOGROVE ASSOCIATION, INC. FOR A VARIANCE AT S.W. 27TH AVENUE 6 WEST TRADE AVENUE DEFERRAL OF CONSIDERATION OF APPEAL BY RIVERPOINT,INC. FOR A VARIANCE AT 401 BRICKELL AVENUE ACCEPT PLAT: MIAMI CONVENTION Cl"NTER LOCATED BETWEEN SOUTHEAST 1ST COURT AND SOUTHEAST 4TH STREET ACCEPT PLAT: EN'I'11LED "ALFONSO LOCATED AT N.W. 17TH AVENUE BETWEEN N.W. 29TH STREET AND N.W. 30TH STREET APPLICATION BY YARDNER, N.V. FOR A PLANNED AREA DEVELOPMENT (PAD) AT 1014-1090 VENETIAN WAY PAGE #3 rsolNMCE wTION1 0. I PAGE NO, M-80-417 M-80-418 ORD. 9113 R-80-419 M-80-420 M-80-421 M-80-422 R-80-423 M-80-424 M-80-425 M-80-426 R-80-427 R-80-428 R-80-429 66-76 76-78 78 79-81 82 83-88 88-94 95-100 101 101 102 103 104-110 I Imo( ANISTIONWAFFl.ORID4 ITEM� �, (REGULAR) 1 (PLANNING 6 ZONING) SLLECT JUNE 6, 1980 PAGE #4 001 MNCE o� PAGE N0, _ K SOLUTION 0, 38 RE -STUDY OF PRIVATE CLUBS HOLDERS OF ALCOHOLIC BEVERAGE PERMIT, APT. HOUSES, CONDOMINIUMS, ETC. DISCUSSION 111-113 39 POSSIBLE SCREENING REQUIREMENTS BUILDINGS RAZED/ DEMOLISHED DISCUSSION 114 40 DISCUSSION IN CONNECTION WITH MARINE STADIUM I ENTERPRISES CONTRACT DISCUSSION 114-118 41 INQUIRY AS TO STATUS OF REFUGEES AT FORT CHAFFEE- NO REPORT RECEIVED FROM ADMINISTRATION (C. ODIO) DISCUSSION 119-122 MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 6th 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 1:40 P.M., by Mayor 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. Fosmoen, 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 18, 1980 (Planning & Zoning Meeting), were approved. rA'..Y.'ru...�•-...:...5...�.�.r.li�a/.''-• ��u.d �:.I.+fw.ri Y�{•�\�liyi�. K%�- -- `���������s 1. PRESENTATIONS AND PROCLAMATIONS. i i 1. Presentation of a PROCLAMATION to Mr. FRANK F. STEARNS, designating June 6, 1980 as "Frank F. Stearns Day." 2. Introduction of Mr. Frank Harder, as the newly appointed Prosecutor for the City of Miami. 3. Presentation of a RESOLUTION to Mr. Jim McDermott, brother of Lt. EDWARD F. McDERMOTT, in expression of condolences on the tragic death of Lt. McDermott, of the City of Miami Police Department. 4. Presentation of a PROCLAMATION to Mr. CARLOS FERNANDEZ, designting June 6, 1980, as "Miami Power Squadron Day." 5. Presentation of a PROCLAMATION to Mr. JESSE HOLT, Presi- dent, Miami Northwest Express Track Club, Inc. proclaim- ing the week of June 8 through 15, 1980 as "Track and Field Week." 6. Presentation of a PROCLAMATION to Messrs. Albert H. Howard, Director, City of Miami Department of Leisure Services and Carl Kern, Director, City of Miami Parks Department, designating the month of June 1980 as "Re- creation and Parks Month." 7. Presentation of RETIREMENT PLAQUES to the following mem- bers of the City of Miami Pulic Works Department: - J. L. Brown, for 36 years of service - Robert Donaldson, for 33 years of service. 01 'JUN 61980 �1�+1—..+niaeai.�ec�nr.nin ,.+w .•n DIRECTION TO THE ADMINISTRATION: Commissioner J. L. Plummer, Jr. requested that the appropriate proclamation be prepared to be presented at the next Commission Meeting for the University of Miami Baseball Team, reassuring them of the Commission's continued appreciation for their good representation of this City; further requesting of the Administration to do everything in its power to personally bring Mr. Ron Frazer and as many members of the team as is possible for such presentation. Mayor Ferre: All right, at this time I'd like to recognize Bishop Schofield and I would like to ask Father Gibson to make the introduction. I under- stand Bishop Schofield would like to address himself to the Commission. Rev. Gibson: There was no problem in my accepting that invitation to introduce my Bishop. Ladies and gentlemen, I am delighted to introduce to all of you the Reverend Kelvin Schofield, Bishop of the Archdiocese of Southeast Florida. He is my boss. I may not have any up here, but I have one where he is concerned. A young man. I want you to know how we did it in our church. We got a young, aggressive, progressive, energetic man. Mr. Grassie, don't forget, okay? Listen. Rev. Kelvin Schofield: Now, the reason I am here today is that I...I am not new to Miami. My grandfather came here in 1911. He was a veterinarian and wrote the first food laws for the City of Miami and I've lived here for 20 years as the Rector of a parrish in the South Dade area but I'm new to the City of Miami in my capacity as the Bishop of one of your major denomina- tions and because of the recent situation with the tremendous number of re- fugees coming in and then the riots which occurred a few weeks ago when I was at the Church of the Incarnation on 54th Street, on that Sunday, that we of the religious community are probably as frustrated as most of you are about where to go and what to do and at a meeting held at the Cathedral of some 35 clergy of all the denominations in this City -Protestant, Catholic and Jewish- one of the things that was impressed upon us was that in 1962 the religious leaders of the United States effectively turned many things around in the name of equality and justice for all in this country, and I think that the religious leaders of the City of Miami have a great role to play but we can't play it very well unless we come down and listen to you people, and where you are and what you are doing, so we offer our support for the job that you are doing and I hope that you'll offer your support for our involvement in the life of this City so that we, once again, can have justice and harmony and equality for all. Thank you. 02 111 N c ;neo 3. i�1SCi1SSJOti �)F hl)i 'CATIONAj. RACP;Gh(�1�;;Ii (} lll k'� :_'ii)i: l??' i Iti,-,:�CF 1 ;1) hISCUSSION OF 'Gill`, DISCONNU )*1():: Or' TiI`J]Pf:":::I.S I: I'1?i: Pi::;S10ti OI'FICE. Mayor Ferre: Alright, at this time we are in th(, "Ommi _tL I' of the ldhole discussion and we are poing to take up Ttem "A", discussion of the disconnection of telephones in the Pension Office. Mr. Carollo: Mr. Mayor, since I was the one that asked for that item to be put. in the agenda... Mayor Ferre: Yes, sir? Mr. Carollo: ... I would like at this point to ask the Chair if I may ask the City Clerk to put the City Manager and the Finance Director under oath the questiou�• that 1 have and the statements that 1 need to make require that I do so tL, get a compl,.,te and accurate information to base my judgements on and for this Commission tuo, also. Mayor Ferre: Alright,. For the City Manager or anylody in the Administration to be put under oath, 1 think the Chair would have to know the ronson for that request :and if yot: would make ti-;at public and than I will make that judgement and if vou _don't agree with try judgement, then the Commission in the majority can certainly over ride icy... Mr. Carollo: Mr. Mayor, tiie reasons will certainly be made public here and the reasons are that I have information in my possession right now that is very grave and serious and that it has to be cleared up very precise and an answer is needed. Mayor Ferro: Are they criminal in nature? Mr. Carollo: Well, they certainly might be, at this point I don't know. ,v,-r Ferre: Well, in your opinion are they criminal in nature? Mr. Carollo: Well, sir, some of the information that I have here and I guess it could be. considered criminal.. Mavor Ferre: Alright, thk-n I will certainly allow Mr. Carollo for you to make your statements .and ask your questions, you are perfectly entitled to do th.:t_. Now, unless I have a clear underst_an(Iinb as to why they are criminal in nature, I at this time will not ask that thy two individuals be sworn in. If you have criminal aceisations the appropriate place to take criminal accusations to is the State Attorney's Office... Mr. Carollo: Wc11, sir I am correct to that since I have received this just recently and it has I,een public record, except it wasn't verified to my knowledge and this is why I'm requiring this. Now, if what you are stating is that in your opinion you do not feel that any member of this Commission has the right tc place the City :Manager or any other employee of this City under oath if they feel that it is serious enough, that's your opinion Mr. Mayor, I would just again, like to emphasize the seriousness of this, that I do have to ask some questions. After I ask them I will reveal what I have. but... Mayor Ferre: There are three things that we c,in 10 nt this point. The first thing is that Mr. C;rr;ssie and Mr. Gunderson can voluntarily agree to go under oath and that is their right and privilege if they wish. The second thing that I can do is that I can determine that they should i;o under oath. Now, I have no reason at this point to ask that thev be placed under oath and will not. And the third thing is that you Mr. Carollo can make a motion and I will recognize you, if they don't want to do it voluntarily_ and at the will of the majority of this Commission to place tihem under oath, if such, then we will place them under oath. Now, I will start with the first thing which is do you.., would you voluntarily go under oath? gl nO 1980 Mr. Grassie: I think the positic.ti that you have taken is reasonable Mr. Mayor. I think that we should tcnderstand that this is not simply a charade, but that there is some purpose in it and If we can understan,� that certainly we would be willing to reconsider, but at chis nuint the answer would be "no". Mayor Ferre: And you Mr. Gundc'r-on? Mr. Gunderson: The same answer, sir. Mayor Ferre: Alright, t.l,:•a the. Chair rules that I see no reason for them to be put into oath until I see the reason. Now, if there is some specific reason T »ila hc' i,.-jppv to cl,c,n-,e my position immediately. Mr. Carollo: (-in ( ,;:;k the c:.,t,; At.torney for a legal opinion then in their Article 1, Sc, t i on2 . 2, it he could r,terpret that f )r this Commission a little clearer? Mayor Ferre: Alris;ht, Fathcr Gibson? I think the question that's been asked of thu City Af: torncy as to tire 1e,;al prod duce of placing a City eui,ioyee under oath to with th— `tanager and Mr. Gunderson. Mr. Knox: Alright, I will read it into the record. I don't know the reference that Cortn.iSSiOder Carc:lic was making, but I will read into the record c,,? nrovis:on: of Section �4 of the Charter of the City of Miami And it's ent i t l,_-d "Tl:e Ccmr-i r.s; c,n ray investigate of f i.c iai transactions, acts and coed-ct". "'Ihc (' :r,riil: t.,n or any Committee thereof duly authorized by the t' i su ;.r.:v rv,r tip,ate the financial transaction of any office or depi'.rti;ient o;' the Cit,: ':cv, rnment and the official acts and conduct of. any C t v of ; i c i :l ar;d 'rV a tn;i i ;r investigations may se -cure information upon any matter. 'r c m. .trot« :>uch ;nvestij�ations tl,c Commission or any Connnit tee the ,T e(, c ;rc,_. requi r, the at te.na :nce of wi t n�• =sc•s and the production of books, japer:; .it;,l other t-vidence and for that purpose may issue subpoenas which sl.:ill be .;ignc(l by the presicir: , officer of the Commission or the Chairma-n of such Con,ir.i t c e vs tie c:,st: may be which T,:ay be served and execut .-,1 i> :n . (' ._:t t. ,.;''. a det-A�,.ion as to u'ht t.hcr or not this kind of an Vlou_tci tale i,la:; is .► eecision to be made by the City Commission. Mayor Fc'rrc: Well, wr ha:c to 1• r.:aw vli:it the accusaticri is before we make that d'CISiCIi tnaL' S l � • ",jint. l li-ivi ne objections to putting the � ui: 'fir. (-unrlr-rs:•n under oats: and I will be happy to do so, if we ,:n.)w exactly what al1eIa'-ices are. F)ut not knowing wtaat the allegations are I'm certainly simpiy not k,,oing to .-c around... Mr. Carol!o: It: has to dc.:fir. '�'ryor with the background of Mr. Gunderson to be mc,re pry ci;•e. 1;o-4, ,:l:at 1. would like to do at this point since we have got from your point ',ne and your point two and you do not feel that any member of tine Cnr,;this:>i.on bate the right when they feel there is good ground real,e: s tr, ,as;K fo. the Ci.ly Manager or anyone else to be placed under oath, that tl:�_y du not a ;n: t.o �c'i,mr_ec r to do it is then go to the third Etep and 7,,o c,n rtc.,rd hnw the n:.:,jc-•rity_ of the. members of this Commission feel. Mayor Fen:'_ . 1 w! ll rc'e:, uize vc;_i fur the purposes of that after everybody has had an npportu„ity to hay. tlieir say and at this time I will recognize Fattier Gib-,un and then Mr. 1-ac asa and then I will go back.. , and Mr. Plummer if he w: shvs an,] tl:c_r. lack to yc�- 1,11r. 1'arcllo. Rev. Gibson: Mr. Mayor, I ,gym some-Atat in a quandary. I'm appalled that we would be l true tl.at we l;avc: st?; f people that we cannot trust and would not hr' �ln•, r.,hl: �� ' h' i pv, • r,`lt'r not h, 44. { pinp le aron't Erring to the truth, th(•\- nri •,'t L�oini; to tall the truth and I wc.ilci hope that wt It :ve a staf:- o: pcopl,' '�iX . r,ul'a i c honor, ie. "',:u mean to tell me that we the govurnmen; , r,•.. ','•r4: ; r. t.riis government, you r.-,,in to tell me we don't true;t t'it. p' . ii: )o tl,:rc r'r.. 'that:'!; what that. means. t.ow, I don't know wl-,.::t a11j if; iifvOlved; b'rt I would hope, that :he way we live here that %e could call n taf r Por,L': <rnd !;ay ; w;int to a!:k tht•se questions, this is tl,i• i t l:a _ _ is l an-, t i ,u.l'r;C r t;,t : i e'c'i� l t go -ands-, oath infers that you don't ttucst t.,em :::;:i I c'.nn't t:;,;;t t be i;,rty to nr,t trusting people unless I have a rr"",i valid 1, t r o make a comment that has nothing to do wr' this cave, but l;r:ly as wt live in this community. This community has enough t;.irroil as is. For CoJ's sake those of us who are the leaders in this Community, meaning the Commission, don't you and don't I be party to compounding this problem and fanning this air out here. For God's sake. I te1L you out of thirty-four year,; of living; ill, this community and out of some years bitter experience in this cummunity, tyou and I need to be very careful and very cautious, And ,ot ric r,ti�.i this final comment becatise I wrote it in a letf al for o;ir Cli,e~ch raper. lea,}ership of this ,_-... -unity today st:anda uiiere the follow:•.liip must stand That's what leadership is all abou! and if we, if we the I.eac}errs of tl c cot�riui,ity arc•.n't going to be -inv further alWad t',„.gin ao followers, Cud he 1,, ihi:. crnmnunity, Goe help our foldow,-r I S,:y tl,:it W1Li1 a pas,,i,ln an,l it concf'1'n that we start healing... you lic.ard what tlic, l',isho,> -,aid. Ail tlic-tie miristCrs met at Trinity this wl't'k and 'Lfhe one t'.,ir,}; that �lIT.0 out: lo',Id on,,: cltar, "linisters,, l,lbbi's Priests, name it they wort there, that the. :, 3dr Ishii,... t}ie religious leadership of this co: --unity needs to j;et. about the' business of becouing involved in hea03ns,. And I think tljc ,ommission needs to do the same thing. — We just can't afford to... Mayor Ferre: Alri.ghr, I will recognize commissioner Lacasa. Mr. Lacasa: We 1. 7... I'm going to be very brief, I certainly feel that if a Commissioner of this Commission has a question that I believe that has to be very_ serious for him to take this }position, he should be supported and I for one am supporting Commissioner C'arollo's motion on this. Mayor Ferro: Plummer? Mr. Plummer: Well, I didn't think lie had :.ade a motion yet, but I can imagine what's comini;. Father let me try in my estimation to correct one thing that :•ou sa .l ;-)(-fore that wt� trt.st ,people here .in ;his City. There is a big difference: between .,nd th Jerton.:-s have been cit this point that there is possibly scc,ething cri,;�inal. i'nt,rt i5 a difference betwoon asking, someone to give a truti,ful answer and pl,icing rher: under o,ttl, which would be perjury, If they just g1V%- an answer and don't tak_ an oat.!:, the,, are only subject to losing their job. if they take .in oath and commit, pe,jury they arc- subject to criminal penaltic:,. So to me tl,ere is a b)i,g difference. `.r. Mayor, at this point I believe 1 ar, riot privil c` ed in any way to know what is being brought. out here, today, Now, this Coi;t:,ission in the past leas invoked Section 11., which allows a C„m.;ttee to be formed of this Cor.mission to hear these matters in the Committed and then rei,orr };ack to the full Commission. I would be in favor of that invoking of Section 11, is it Gorge: Section 11, the Committee, investigating Committee? whatever the number... Knox: n,1 Section 14" Mr. Plummer: Whatever it is. The rule. Mr. Mayor, I have no problem very truthfully with anyone being placed under oath to tell the truth. I. would have... I in the past whenever I have been asked to come to the State Attorney's Office I volunteered .t. I waived all of my rights and I have no proi`•lem with that. So I hav: to plaice in the same position anyone else who doesn't want :o do that, of course, it, their own and they have their own reasons, but I have alwzivs waived <ind bat-n sworn in and voluntc-eyed to do so. So 1 have to appl.; the same standards to sur.eon,: else who works to this City with the proviso that questions being profferred are only relating to City matters. I don't want any Tian to be put cinder oath to be asked Carte Blanche questions that don't relate to City matters. So with that provision I would vote in favor of putting the two gentlemen under oath since they don't want to volunteer. Finally, Mr. Mayor, I would like to ask the court reporter is hired by who, sir? Mayor Ferre: Who? Mr. Plummer: By who? (144CKCROUNP COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Jerome Wolfson? Mr. Plummer: Mr. Jerome Wolfson? He is an attorney? Is he representing a client to your knowledge? (BACKGROUND COMIIIENT OFF THE PUBLIC RECORD) Mr. Plummer: Alright. Mayor Ferre: Is Mr. Wolfson here? 91 U ".1 198Q s Mr. Plutmner: And for the record sir, would you give us your name? (BACKGROUND COMMENT OFF THE PI'BLIL' RECORD) Mr. Plummer: Herbert Grapes. Thank you, sir. Mayor Ferre: Alright., now we have an xpression from all the members of the Conmlission. Again, may T reiteratc my point. I have no problems with putting :anybody gander oath, 1-:I:': I think we need to know the accusation before we get into swearing people in and since we haven't heard it I don't know how we can make that Judgement. Mr. Carollo: Mr. ;t,,yor, ii`, you know, i come out with the accusation at this point then r},c rli,swers li:at might be "iven might not necessarily be the ones that I would ;:ct ot•:aerwise. Mayor Ferre: But this is not a court of law. Mr. Carollo: I rl;,,,1; Commissioner Plum-mer and Commissioner Lacasa for the statements they have made, but let me just read what you know, the Grand Jury stated ;;uvcral wcks ago whc-n thcy were talking about the Dade County School board . riey said t'-.ere wA-. sOM0 u;lnecessary concent ration of power in the n fice. 91,e board wad, neither suiticiently informed or sufficientl,! a ;s+ rt-i• e in managinp.. the bu.,.iness of the School System in dc•manclini,. th_ icc „n,t,',,iiit.y on t`,e part of the Supoy`.ntenclent. The Grand Jury l,,,i+.tCc] .I ii,Ir L.r Ii t of. �i ;,ch. i sy�•tem in %,Bich 1.onrd ;,;en;r era allowed one anan to asf�urc• co npletc control. Ltiel 1, we could ivst very well cross out Schuc+l Board ,and put City of 'iir�ani Con,:—ssion ;and cross out Superintendent and put City "i_ana _r. don't tl inF: that .any mv•mher of this Commission would want to be accused r, ,a:r•, po nt In the =uliirL of not being', in complete control and rep j c;:asi; 'te f,-+r what happens in the City of Miami. Mayor Ferro: Al ri;,,I; , nc.e thrc- members in this Commission have expressed their ouini:)n, t', r. th+ , Chad r ,ei l 1. rule to„t both of the... both the Manager and Mr. Gunderson will be placed under oath, ok. So if you will raise your right hand. Mr. i�lUnli LY: I�.=.11, Mr. Ma•'or, in i7irnes:z, in fairness now, they said they _ tc, he-3r u•;,.it the :other wanted to say and I think once a�-•,ain you should ask them if they would ;.ike to volunteer. They have reserved their right to r,::kt: r, decit:ion unt i t'.r.v h avc• hez.rd the conversation whicl-, took place. Mayor Ferre: I am tr inz•. to do this in sequence. I asked them, they said "no". I said "no". The thri-e of v-u saiJ "`es". Mr. Plu%ner: No, t.he,: +lit n—t saN "no". 77aey said they reserve their right they heard what. th-Is ''o-, Lmi ss ion wanted to discuss and then they would snake up their mind. Th.:at' , what I heard now. Ray. Gibson: Mr. Mayor, may I raise a question? Mayor Ferre: Yes, sir, Father Gibson. Rev. Gibson; I would think that the Mayor and you are the Mayor, I'm not the Mayor. You are t}ac presiding, officer, I am not. I would think that if Mr. Carolil feels the way- he does... I don't feel that way. I believe in operating that every roan iG honest in telling the truth. I believe Mr. Carollo ought to make a motion, get a majority vote. '1-1;or Ferre: Alright. Re-v- Gibson: That's w;,at i want. I don't want any as_umptions. Mnyor Ferre: 1 kill then go back to Mr. Grassie and Mr. Gunderson and see if they want to ei+N this voluntarily. Mr. Grassie: Mr. Mayor, so as not to waste anymore of the Commission's time t;ian necessary, I will be happy to go under oath, sir. Mayor Ferre: Alright, X- Gunderson? Alright, raise your right hand. Mr. Clerk would you swear them in please? (AT THi" 'i Th"' I,EaC DULL- SWORN BY AN OATH ADMINISTERED BY ThE CTT•i CLrRK, *'R. JOSEPH GRASSIE AND MR. JIM GUNDERSON) gl IN 61980 Mayor Ferret All right, proceed, Mr. Carollo. Mr. Carollo: Thank you, Mr. Mayor. Mr. Grassie, I will start with you first, sir. How long have you known Mr. James Gunderson? How long have you known... Mr. Grassie: You'll have to speak up, Commissioner, I didn't hear you. Mr. Carollo: How long have you known Mr. James Gunderson? Mr. Grassie: Approximately twelve years. Mr. Carollo: Where did you first meet him at? Mr. Grassie: In Michigan, Grand Rapids. Mr. Carollo: Did he amply to you, did you interview him by calling him? In other words, did he come to you and apply to you, or did you contact him to hire him on in Grand Rapids, Michigan? Mr. Grassie: He applied to the City of Grand Rapids based on a national advertising effort conducted by the Personnel Department of the City. Mr. Carollo: Did you ever know him prior to Grand Rapids, Michigan? Mr. Grassie: No. Mr. Carollo: Did he offer a resume, or fill out a pre -employment application in Grand Rapids, Michigan? Mr. Grassie: Well I have to assume he did, Commissioner, but it is twelve years ago. I can't say that I can verify that from my own memory. Mr. Carollo: When he met with you, sir, didn't you as City Manager of Grand Rapids, Michigan, make sure that he would present to you a resume of his background, make sure that he would fill out an employment application? Mr. Grassie: I'm sure that I did. Mr. Carollo: All right, sir. Then the answer is yes, correct? Mr. Grassie: Well I've already answered you specifically, Commissioner, that it is twelve years ago. I do not have compelte recollection that I did it but I do in virtually every case now, so I assume that I did it then. Mr. Carollo: All right, sir. Do you have any pre -employment applications or resumes submitted by him in the City of Miami? Mr. Grassie: Do I have? I do not keep that kind of record, personally. If you are asking me whether. the City of Miami has, I would have to refer you to the personnel record, which exists for every employee and by examining that file, I could answer you whether or not there is a resume for him. Mr. Carollo: Well when you bring an employee to the City of Miami, hire him on, don't you require that a resume be brought of that employee, especially an employee in the capacity, the important as Mr. Gunderson was hired in the City of Miami. or at least at application be filled out? Mr. Grassie: Of course. That's normal procedure. In the case of Mr. Gunderson, it is obvious from what I've already told you that I had known him for approximately eight years... Mr. Carollo: You said twelve years before, sir. el 07 ist s IN 61980 r r Mr. Grassie: Commissioner,if you count a little bit, you realize that I have been here for four years, and you take that from twelve, you will understand that I had known him for eight years when I hired him here. Mr. Carollo: All right, sir. Let me say for the record, that I checked in our Human Resources Department in the file of Mr. Gunderson, and there is no employment application there under him, nor resume under his name, not even a physicians examination. which I understand is also required for every employee in the City of Miami. Do you have any files or other items that you relied on to consider his employment in the City of Miami? Mr. Grassie: Yes, eight years of experience working with him. Mr. Carollo: okay. Is that what you relied on in Grand Rapids, Michigan, sir, when you hired him on there? Mr. Grassie: No, at that time, obviously, if you're talking about when I hired him for the City of Grand Rapids, I did not have that background of 8 years of experience with him and I did have to rely on a normal personnel process of screening him through the resume process, and through personal interview. Mr. Carollo: Do you have any personal letters of recommendations or did you receive any oral recommendations conerning Mr. Gunderson when you first hired him on in Grand Rapids, Michigan? Mr. Grassie: Well again, you're testing my memory, since I've probably hired a couple ... well, not a couple of thousand people, but certainly five or six hundred people in that period of time, but again, assuming that I followed my normal process, the answer would be yes, that I would have contacted on the phone at least his two prior employers to discuss his characteristics. Mr. Carollo: Do you recall who they were? Mr. Grassie: I do not. Mr. Carollo: what qualifications does Mr. Gunderson have to suit him for his position as Director of Finance for the City of Miami,and for your reliance and trust, Mr. Grassie. Mr. Grassie: Well, if I remember his resume, and obviously I haven't seen it for a long, long time, he has a Bachelor's Degree from the University of Illinois, as I recall. I believe he has a Master's Degree in Finance and Accounting from the University of Michigan, although I could be wrong about that. I'm pretty sure that he has a Master's Degree. He had, at the time that I first hired him, which again is twelve years ago, approximately ten to twelve years of experience, responsible experience in municipal finance, at that time, including work in the field municipal consultine and work, as I recall. he had worked for a major state university. Some of this I simply don't remember, but that's my general recollection of his background. Mr. Carollo: Is this information what Mr. Gunderson told you verbally, or was this in his resume that he gave to you? Mr. Grassie: Well, Commissioner, you know, I've answered that question three times... Mr. Carollo: You don't recall. Mr. Grassie: I've told you that I feel certain that I had a resume then, because I always do, but I can't swear to you that that was the case, but I certainly feel sure that I did at the time. Mr. Carollo: Let me ask you this then, MR. Grassie, did you ever check into his background? For instance, you mentioned he has several • ist J U N 619810 Mr. Carollo (continued): degrees. Did you ever check to make sure he had the degrees that he claimed he did. For instance, I think you mentioned a bachelor's degree. Mr. Grassie: Again, I presume that at the time I did, Commissioner... Mr. Ca-rollo: Well you keep saying you presume, but Mr. Grassie, when you hire people now, the position that Mr. Gunderson had in Grand Rapid's Michigan also, as I und,-r�:tand, was also the Director of Finance. Wher, so:T.(-one is hired in such an important �,osition as Director of Finance, t_hc,:.'s )u�;t about the next position in line after the City Manac;Qr, i.rt anv city, didn't you check irt!- hir backgraund? For instance, a,:ain I ask, you, ir,t hi.n degrees, s -e you brought that up? Did you i o2 -orally ma} -le surd that his de�;rce.s were checked into, to make sure that 'ne did have those degrees, that lie did work in such and such Mace? Mr. Grassi : ^u:ussionor, I don't want to he impolite to you, but you know, }-nu a-;ked me that question now about four times, and I'm trying to convey to }Iou that in .an effort to give you an honest answer, when you're askin(t mo if I ha•:e ,:cne a very specific, discreet, and not awfully important thine;, at the time, whl^h I did twelve years aqo, it is very difficult for me to tell you with complete certainty... Mr. Carollo: Excuse me, fir. C;rassie... Mr. Grassie: That yes I did it, or no I did not. what I'm telling you is that if I followed by normal. practice, that I would have investigated his haci;ground, or not personally, of course, but the Personnel Department of the city would have, and I'm assuming that they did it. Now I'm trying to be as straight forward with ,you as I can. Mr. Carollo: Well ,•ir. Grassie, I'm sorry not to, you know, completely understand you sir, b,..tt you kc:c i; reft:,rrinq to that. twelve years since you checked his background, but if I recall correctly, he worked for you In 7,rand "liclaiciai. for Six years, and lie has teen In the City of Miami for thr.e, and one half y,cirs, and if my adding is correct, E.1e,1::,,- > r, ct rre if I'1,1 wrong, it' nine and one ;:alf years. You know, for the : ec:orcl, if Uc co,;id stick to nine an,,". one half years not twelve years, .f this is tn�_ you know, the correct amount of time, you know, can you q,ic•-te nin•, ani one half years? You'll get me all mixed up if you keep throwing that twelve? Thank you, sir. Mr. Grassie: Com:,,�ssioner, we're talking about relatively factual, straight fr_,rw,„-.a ;Jo 4 nt..s. it w0l116 seo--m to me that if you really have an interest in w`.r.-thei it is nine and one half or twelve years, the simple thing fcr m<, to do i,, to ^:-) back to the record, and I can give you an exa-t date. Now, the. figures that I am using are dependent on these tt,ings. I was in c;rar.d Rapids for eight years. My recollection is that I !,ir.c 'tr. Gunderson shortly after I clot there. It is because of that t1nat I am assuming that it is eight years. I could be wrong. But that is a factual question, and all we have to do is go to the record and I can give you the date dawn to the day. Mr. Carollo: but to the best of your recollection you did check into Mr. Gunderdon's educational background and degrees to be sure that he did have what he stated, to claim. Mr. Grassie: Wo11, that makes six tames, ^ommissiner. Yes, the Personnel Department of the ,City of Grand 3;leis normally would have done that. And if I had folic)w�,,d my normal llroc,-ss, I would have done some verbal the king, that is on thy, hhone, myself. Mr. Carollo: To the best of your knowledge, sir, do you know if Mr. Gunderson has ever been known by any other name but James Gunderson? Mr. Grassie: I have no information that would indicate that he has ever been known by any name other than James Gunderson. J/ 09 ist J U N 61980 4 r. Mr. Carollo: To the best of your knowledge, to ,you know if Mr. Ounderson possesses a criminal record? Mr. Grassie: I have no indication that he has ever had a criminal record. Mr. Carollo: Can you please describe that Mr. Gunderson has as Finance Director of the City of Miami? Mr. Grassie: Mr. Gunderson ?xercises the responsi'Alities of Finance Director as they are outlined in the Charter of '.he City of Miami. Broadly, they include the treasury function, which means the collection of all monies due to the City and the recording of them, the accounting function which includes all of the record keepino financial tasks of the City, the Risk Management function, which includes all of the insurance and workmen's comhensntior, benefit types of analysis that the City goes tl,rough. And in addition to that, the Purchasing, Lease Management, and the Property Management functions. Those functions broadly speaking, fell under the supervision of Mr. Gunderson. Mr. Carollo: And lastly, do you feel that Mr. Gunderson has always been truthful to you? Mr. Grassie: I feel that he has always been truthful to me in any question of importance. I really don't know what the level of your question is, Commissioner. As far as I know, I'm not aware of a case in which he has not been truthful to me. Mr. Carollo: Mr. Gunderson, can you please state your full name, please? Mr. James Gunderson: James Edward Gunderson. Mr. Carollo: What is your age at the present time? Mr. Gunderson: Fifty-five. Mr. Carollo: Can you state the position that you hold with the City of Miami, please? Mr. Gunderson: Director of Finance. Mr. Carollo: How long have you been the Finance Director for the City of Miami? Mr. Gunderson: Since November 1st, of 1976. Mr. Carollo: Can you please state the responsibilities and duties that you have in that position. Mr. Gunderson: Overall responsibility for the financial records of the City of Miami, and the recommendations relative to the fiscal needs of the City. Mr. Carollo: This next question both of you can answer it, Mr. Grassie first, and then you, yourself, sir. Can you state what you feel that t..2 w:)rk experience that is necocsary for the position of Finance Director for the city of Miami? Including working background, edcuational background. Mr. Grassie: I presume, Commissioner, that vou're not asking the relatively simple question of what the job description is but rather you're asking what level of prior experience would be imrortant for a City, such as Miami. And I would think that the thing that a City like this should look for is a person who has actually had experience in a comparable responsibility, presumably, in a somewhat smaller city, on the assumption that you're looking for someone that is moving up career wise, and a person who has demonstrated through their Mork history that they can manage these operations, that they can maintain the confidence of the financial community of the country in terms of the bond ratings and the debt offerings of a City. A person who has those qualities and `O ist J urn 61980 Mr. Grassie (continued): who has demonstrated them is the kind of person that you would be looking for. Mr. Carollo: What eclacationaa ba-:kground do you feel that a Finance Director, for the City of Miami should have? Mr. Grassie: Well basically, an academic Background in accounting and public finance. I think that, the question of degrees is probably much less important ti,an the quality cf the sFecific work experience that the person, h-.s;. But it's, if I were looking for someone starting from scratch, I would qei;erally look for an academic background in accounting ar,d public finance. Mr. Carollo: Wc,,,ld you hire someone- that didn't have the degrees that you would prefer, as you stated, but maybe had the work experience? Mr. Grassie: Ol-, ye , I've done ' !,at in a nlxnl,er of cases, where a persons record ,an i i cr.forrr.,,nce in jo;.s of responsibility, jobs of importance, have de;710nstrated wi.at they can actually get accomplished is more important than their degree position, of say fifteen, twenty years ago. Mr. Carollo: '!r. ,undf!rson, can yuu answer for me the same question of what duties and responsibilities do you feel is necess.3ry for the position of iinar,cu Director, or rather what educational background, what degrees, what work experic:u-e you feel or require so that you could function and act on the duties and responsibilities of your office. That is the question, sir. Mr. Gunderson: I. think a general background in finance, and certainly the experience in the area over a period of years would be a must. Mr. Carollo: Can you please state, to the best of your recollection, when you first met Mr. Grassie. Mr. Gunderson: I believe it was ... Mr. Carollo: Places and time, sir. Mr. Gunderson: Pardon? Mr. Carollo: The location and date. Mr. Gunderson: First location was in Grand Rapids, Michigan. Mr. Carollo: Approximately when, sir? Mr. Gunderson: That would have had to have been in 1970 some time. 1970, approximatley. Mr. Carollo: All right, sir. What educational background and degrees do you possess, sir? Mr. Gunderson: I'm a, I've been educated and two universities. One at the University of Illinois and... Mr. Carollo: which university of Illinois is that, sir? Mr. Gunderson: Pardon? Mr. Carollo: which University of Illinois? Can you give the location and full name? Mr. Gunderson: Champaign -Urbana. Mr. Carollo: Champaign -Urbana, Illinois. Mr. Gunderson: And also at the University of Washington at Seattle, Washington. ist 11 J u N 6 1980 ��.:k'+iZW walamY.e.+ese� Mr. Carollo: And what degrees do you hold, if any, form those universities? Mr. Gunderson: In finance, from the University of Illinois... Mr. Carollo: What degree in finance do you hold from the University of Illinois? Mr. Gunderson: It's a BS. Mr. Carollo: It's a BS? In what, sir? In finance? Mr. Gunderson: Yes, it's a general financial background, right. Mr. Carollo: Okay, so you hold a BS degree in finance from the University of Illinois, in Urbana -Champaign? Mr. Gunderson: Yes. Mr. Carollo: All right, sir, what other degrees do you possess if any? Mr. Gunderson: Well, I have the equivalent of a law degree from the University of Washington and the University of Illinois. Mr. Carollo: So you have the equivalent of a law degree from the University of Washington and the University of Illinois? Mr. Gunderson: But I've never taken the bar examination and I'm not an attorney. Mr. Carollo: When you say the equivalent of a law degree, I don't understand this, sir. Do you mean you received a degree from both those universities, or either one? Mr. Gunderson: We combined educational credit hours from both universities for the equivalent of three years of law school. Mr. Carollo: In other words, you never did receive a degree from law school from either one of those universities the, or did you? Mr. Gunderson: I have the equivalent of the three year accreditation as presented by the University of Illinois. Mr. Carollo: My question again, precisely, sir... Mr. Gunderson: I can't answer that because I don't know. Mr. Carollo: Is did you receive a degree in law from the University of Illinois, Urbana -Champaign, or the other university in Washington that you stated? Mr. Gunderson: Well, there is some question about what was the degree that was awarded. Mr. Carollo: All right, sir. Have you ever been known by any other than James Gunderson? Mr. Gunderson: No. Mr. Carollo: Have you ever been convictea of a crime? Mr. Gunderson: Have I ever been what? Mr. Carollo: Convicted of a crime? Mr. Gunderson: No. Mr. Carollo: Have you ever filled out a pre -employment application in the City of Miami? 1.2 ist J U N 61980 Mr. Gunderson: No. Mr. Carollo: An application for a surety bond with the City's insurance carrier? Mr. Gunderson: Pardon? Mr. Carollo: Have you ever filled out an application for a surety bond with the City and its insurance carrier? Mr. Gunderson: We have a coverage when I came aboard, that automatically, I think you sign when you become the finance director that provides about two hundrod thousand dollars coverage, I 1?lieve. Mr. Carollo: So did you fill out an application? Mr. Gunderson: I don't think that that's an application. I don't know whether that was an application or not. I don't remember. Mr. Carollo: Uid you ever fill out a pre -employment application in Grand Rapids, Michigan? Mr. Gunderson: I'm sure I did. Mr. Carollo: Did you ever give a resume of yourself to the City of Miami? Mr. Gunderson: No. Mr. Carollo: No, never? The City of Grand Rapids, Michigan? Mr. Gunderson: Well, it was a pre -employment application or whatever you want to call it. Mr. Carollo: All right, sir. Prior to Grand Rapids, Michigan, where did you work at, sir? Mr. Gunderson: Prior to that, at the University of Washington. Mr. Carollo: What dates was that, sir? Mr. Gundersn: That's going back quite a few years. I would say, you know, give or take from about 1967 to 1970, approximately. Mr. Carollo: What was your position at the University of Washington? Was that the university of Washington in Seattle or... Mr. Gunderson: Yes, that's the University of Washington in Seattle. I was on the administrative staff. Mr. Carollo: Anc3 prior to that, where did you work at, sir? Mr. Gunderson: Prior to that, I worked at...I think at Pierce County, Washington. Mr. Carollo: From what years did you work there,sir? Mr. Gunderson: NO, there was one intervening. Mr. Carollo: It was where, sir? Mr. Gunderson : I worked with the Public Administration Service. Mr. Carollo: Public Administration Service? Mr. Gunderson: Prior to the University of Washington, yes. Mr. Carollo: From what years did you work there? r ist 13 J U N 61980 Jr` Mr. Gunderson: Ah, this is tough, 60...about 1966, 1967? something like that. Mr. Carollo: And where was that located at sir, the Public Administration Service? Mr. Gunderson: The headquarters is located in Chicago. Mr. Carollo: All right, sir. And what was your position there, sir? Mr. Gunderson: i was a member of the staff. They call them field representatives, I guess. Mr. Carollo: Did you live in Chicago at that time? Mr. Gunderson: NO. Mr. Carollo: Mr. Grassie, prior to Grand Rapdis, Michigan, can you state where you worked at, sir? Mr. Grassie: I sent you a copy of resume, Commissioner, but I worked with Public Adminstration Service... Mr. Carollo: Is that the same company that Mr, Gunderson stated right now? Mr. Grassie: Yes. Mr. Carollo: All right, sir, thank you. Is the resume that I have here correct, that it was from 1958 to 1968 that you worked there? Mr. Grassie: That's correct. Mr. Carollo: Thank you, sir. Mr. Mayor, can I ask just for a one or two minute recess so that I can present to this Commission the facts that I have in my possession? Aayor Ferre: Sure. Go right ahead. He wants a two minute recess to present some facts that he has. AT THIS POINT, THE CITY COMMISSION TOOK A BRIEF RECESS Mayor Ferre: it's been eight minutes on that break, so lets settle down. Would you please take your seats. All right, Commissioner Carollo, you can proceed. Mr. Carollo: Mr. Gunderson, can you please come to the microphone again, please? Mr. City Clerk, for the record again, Mr. Gunderson is still under oath, correct? Mr. Ongie: Yes, sir. Mr. Carollo: Thank you. Have the members of the City Commission been able to look over the documents that were presented? Mr. Gunderson, according to the information that I have in my possession, and the rest of the members of the City Commission now have in their possession... according to the information that we have hire, to be very precise to you, I have the originals here. I have one letter here that is From the 1niversity of Illinois at Urbana -Champaign, dated March 17th, 1980, and I'll read it for the record. "This is in reply to your letter of March 11, 1980, regarding James Edward Gunderson. I wish to confirm the fact that Mr. Gunderson has not been awarded a degree from the University of Illinois, Urbana -Champaign Campus. I have contacted the college of law to insure that an error was not made on our records, and was assured that Mr. Gunderson was not recommended for the Juris 14 J UN 61980 ist 6 f Doctor degree and that he has not met the degree requirements. I hope you find this information helpful and satisfactory. Very truly yours, May T.. Sanders;, Recorder." Mr. Carollo (continued): I also have here with the seal of the university of Illinois, Urbana -Champaign Campus another statement that statest "To whom it may concern,: This is to certify that James Edward c-.l;I.derson attended the University of Illinois at Lirbana-Champagin from 9-24 to 6-43, anti 8/46-4/49 and to 9/54 to 6/55 and G/1.5 and 6/59 to f,,)0, as a full time student. She/he was iast enrolled in tl,e College of Phf:,ical Education and Law, cirr:iculum Pi,ysical Education and T,aw. No degree was received. William F. Fierke, Associate Dire=_(_ -tor for Records and Recistration" According to the City of :7iarli, Florida official statement for General Obligation Bonds, October 15, 19':'`), on the 'I-)acknround of certain City officials, we have tre background of the five meinhers of the City Commission at t=t,ut time, and tl;e t:,ackgro_Ind, to this order, of the City Manq(tr, , the City Fan i:,ce Diioctor, the City Attorney. The background that was put Here on ;4r. Gunderson is `ollowing: "James E. Gunderson, the Director of Finance, for the City of Miami, was graduated from the University of Illinois in Law and Accounting. He has extensive cxperience. It goes on, was graduated from the University of Illinois in Law and Accounting. i believe that the members of the Commission also have in their possession two previous depositions that were taken. The first one was taken Tuesday, November 7, i97e. This was Mike McGuire versus the C'it•,• of Milm. in which Mr. Gunderson, also under oath, stated ti,at.lit, had a law degree frcm the University of Illinois. And the other deposit ion, under oath also, taken Friday, October 4th, 1979, Mr. Gunderson stated that he had two degrees from the University of Illinois in Urban-,-Cl.an;paign. One degree was in accounting, a BS that he received in 194", and the c_�ther one woF-, BBA degree and LLB, excuse me, an LLB degree that ltc• received in law in 1960 from the University of Illinois, Urhana-Champaign. _Ir. :,underson, according to the information that ,,e- h ve here, and I have the originals right here, sir, from the University of Illinois, your educational background, sir, is not what you claim i.. to be. Mr. Gunderson: Is that a statement, accusation? Mr. Carollo: Sir, I'm only quoting what I have in my possession... Mr. Gunderson: You don't have a full record. Mr. Carollo: From the University of Illinois. I have here the original copy. Mr. Gunderson: You don't have a full record, sir. You don't even have the University... Mr. Carollo: with the seal of the University of Illinois, Urbana -Champaign Campus. Mr. Gunderson: You don't even that the University of Washington here. Mr. Carollo: No, sir. Mr. Gunderson: You don't have a full record. 15 ist J U N 61980 r i"` Mr. Carollo: You stated that you Bachelor's degree was from the University of Illinois. Mr. Gunderson: Yes. Mr. Carollo: According to here, sir, you have no degree and the ciriculum that you took was first in physical education, and secondly in law. Mr. Gunderson: Well that's a...194...the dates up there say 9-24, it really should read 9-42. I think. Mr. Carollo: I'm sure it should be but I read what I have here, sir. Mr. Gunderson: But I'm just saying that there are some inconsistencies relative to the record. Mr. Carollo: Well that's the only inconsistency that I've seen and that could be attributed to typographical error. Mr. Gunderson: Well, no, we -tarted in physical education, unfortunately, you have an incomplete record. We started in physical education in 1942. We transferred out of there to LAS, Liberal Arts and Sciences, and from there to the College of Business. And none of that shows here. Before you can proceed in Law School, which shows here the number of years, which if you add them all up in total schooling, I went about seven or eight years, including three years of law school. But you don't have a complete record, so I have nothing to respond to, further to what's here. Mr. Carollo: Sir, according to both letters that I have the originals in my possession, one dated March 17, 1980, and the other one April 28, 1980, they both state that you do not have any degrees from the University of Illinois. Nnw r10 you think, sir, that this is all wrong? Mr. Gunderson: Weil, it's happened before in other jobs where a check has been made, misinformation has gone back, has been disseminated and it has subsequently been determined. Now how this continues to go out, I don't know. Mr. Carollo: Mr. Mayor, I think that this Commission can realize the seriousness of the problem that we have here. That if indeed, what these official letters from the University of Illinois state are so, and it is true, then we have a }person that is the Finance Director that has lied about his educational background, that as far as we know has no college degrees whatsoever. And if that is the case, his whole background is up in the air. what are we going to believe and what are we not going to believe. And furthermore sir, I very much concerned that not only Mr. Gunderson, but all the other top officials in this administration that came into the City of Miami from Grand Rapids, Michigan have no employment apl--)lication, no resume, not even a physical report from a doctor, like is required, on file in this City. At least in the Personnel Department where they should be. Mayor Ferre: All right, any further questions, Mr. Carollo? Mr. Carollo: I'c just like to asY of the City Attorney, what is the next proper step that I, this Commission ,,iould take in following up with this information? Mayor Ferre: Mr. City Attorney, before you answer that, if I may. Mr. Gunderson, do you have a degree, as you stated? Mr. Gunderson: A BS, yes, the equivalent... Mayor Ferre: You do have a BS. Where is the degree from? 16 ist JUN 61980 • Mr. Gunderson: The university of Illinois. Mayor Ferre: The University of Illinois. ghat year? Mr. Gunderson: 1949, awardeC. in about 1950... after the first year of law school. Mayor Ferre: All right. And you have an equivalent of a... Mr. Gunderson: Law, right. Mayor Ferre: Did you get a degree? Mr. Gunderson: Wcll there's some queution whether or not there was a degree because there was transfers of credits between the University of Washington and the University of. Illinois. And there is none of that that is here. Mayor Ferre: All right. That's all the questions I have. Mr. Lacasa- Mr. %1layor, I do have a question here. One of the biggest problems that we light. have, -,nd that really concerns is this. We have here an official statement of the City of Miami cone ruing the question of the General (,I.l <<',a`_lcr Boll`: ,rej :.irod by the Ci-." of Finance p,_,i artment, and here e i1a`✓e a hrlttt Yt'. o'1'1C of ('a" One Of the officials of the City of Miami, that Includes t'',:.. 'layor, t1-X mcm::,ers of the City Com1Tds.S,i ,n, the ',inut,;er, anQi Mr. ! llr, iFrrSOn, and Mr. Knox. And in this it appears that Mr. Gunderson. appeal_-, as ii graduate from the University of 1'li-nnis in both la.,` and This thing should be clarified becau C.hi: got.<; a l.ittl,-r bit fait'-, r th, n the question of whether or nct. yu,;r c71T1111)vnent witl-. the Cit_, of ;liaml .is a valid one. I feel th::t i'• a matter fC,Z :ht= *^anager to clef -"de wh=thc:r or not he's satisfied as far a:� t`: rc-u,rer:,crits that t;:c ;ob has, he is satisfied with `; o Iz t: ial i f i r:ations. But, the credibility of the City of Miami as far as iris bona:q ability is concerned, is at: stake in this and this matter should be clarified. Mr. Carollo: Mr. Ala`, or, it T .-lay maze one more statement. The graveness c` this here, i= at i true w}:st t.lic: University of Illinois has put on paper under their s^al, T }lank it's tremendous. I'm eery much concerned that net too lone; a:,7-> ;:lrcad ` in `_he City of Miami., we discovered that there was someone in employrci i'y t1.1C' City of '.Jirlmi., the anitation Department, 'Dvpa: tlnent '_)f E;:31iI Cation ;.h:. I,irector of that clej)artment, Frank Madeira,if I recaii, was 1e r: rie he was using at the t.i:ne, that was not who he clr:imed to i uvc. t:, en. That the City Tanager had lied to the Commission, tl,_ rner::;.t r" t.hat wcle here a`. tha,_ time, in presenting Mr. Malvira's background. 'An effect, Flr. *ladeira's background was one that wo1111.t;ti't JiIAVI. gotten h_;,m hired anywhere. Fe was a mobster. As far as what was found out about him later on. I'm very much concerned that we don't have ai,ymt:re Frank Madeira's employed in the City of Miami. And I fcr one, after I qet t:;c_ legal opinion from the City Attorney, would like. t.,) see this Commission go On record in askinq the City Attorney's C' flee to take w'iatever proper steps they have to, to come and inve!;tiaate MT. Gunuerscn's background and investigate anything else that they SC, see, .it tv investigate -.n the City of Miami, becauue I'm very muc:i: concerned that a lot of the things that I've heard here today just don't add up. That so many of our top officials, no one knows what_ their backgrouna is. We can't even get a copy of cf t.i-i.r applications. Mayor Ferre: Further questions? Mr. Plummer: I Have questions, but I think he's asked a question of the City Attorney. Mayor Ferre: Go ahead. Mr. Knox: I think the Commissioner's question was where the Commission ist JUN 61980 Mr. Knox (continued): can go from here in light of the present circumstances. And again, I can only reiteriate the provisions of Section XIV of the Charter which provide that the City Commission may conduct an investigation, or designate individuals to serve, for the purpose of conducting an investigation relative to the official acts and conduct of any City official, and in ding so, this Commission or any Committee thereof, may require the attendance of witnesses and the production of books, papers and other evidence. And for that purpose, may issue subpoenas which are signed by the presiding officer of the commission, or the chairman of such committee, as the case may be. Mayor Ferre: All right, Mr. Carollo. Mr. Carllo: Mr. Grassie, were you able to review any of these documents? Did you understand what was stated here, sir? Did you hear everything that was stated here? Mr. Grassie: You haven't been good enough to give me a copy, Commissioner. I still have not seen the documents that you are talking about. Mr. Carollo: Well some were passed down over there, Mr. Grassie. I'm sorry that you didn't pick one out, sir. But did you hear... Mr. Grassie: The answer obviously is no, I have not had a chance to review it. Mr. Carollo: Did you hear everything that was stated here, that Mr. Gunderson, that according to the statements that we have did not have those degrees. Mr. Grassie: I didn't hear the last part. Mr. Carollo: Did you hear everything that was stated here as far as the educational background of Mr. Gunderson. That according to the papers that we have, Mr. Gunderson does not possess the degrees that he claims to. Mr. Grassie: If- your question is whether I heard the statements that you've made, the answer is yes. Mr. Carollo: Do you have any other statements you would like to make about this, Mr. Grassie? Mr. Grassie: Yes, two things. One, I'm sorry that you're wasting the time of the City Commission with this sort of thing, but I do have to take exception to your statement that I lied to the City Commission with regard to Mr. Madeira. I think that is completely irresponsible. You are not in the position to demonstrate that and I would suggest that you not make those... Mr. Carollo: Mr. Grassie, you know, it's your opinion to say that we are wasting the time, but sir, you are the City Manager of this City. And if you put an individual in the position of Finance Director that does not have the degrees that he claims to, sir you're lacking there. Mr. Grassie: You noticed that. Mr. Carollo: Yes, sir. What kind of a City Manager are you? You're presented with something of this nature and you're laughing over there? We have bonds that have been issued out stating that this man has a false background according to the University of Illinois, and all you can do is laugh out there? Sir, the only thing I can say is your professionalism isno where near where it should be, or your right out in line. Mayor Ferre: Any further questions? Mr. Plummer: Yeah, I'd like to ask a few just to maybe clear up the record . I don't know what the Commission or the Mayor is going to do, I find it strange that after an hour and ten minutes, you might be doing what I suggested an hour and ten minutes ago. .LS ist J U N 61980 1 9 Mayor Ferre: You're wrong. Mr. Plummer: Oh, okay. well I'm not wrong as far as maybe what the Mayor is going to do, bait what the Commission might do. Mr. Gunderson, have you got a copy of this which Mr. Carollo passed out, sir? I'm going to be asking a question of the Offic"al Statement, General Obligatir:,, Bonds. It states here that it was prepared on October the 15th of 79, with which I assume you at the time, were Finance Director. Is that correct, sir? Mr. Gunderson: Yes. Mr. Plummer: So then it was prepared by your office with your authority. Mr. Gunderson: Yes. Mr. Plummer: 7,11 right, sir. I would then go to he second page in which the description of you, as an individual, and in here, it is very clear, without going to the records of Illinois, that you graduated from the University of Illinois in law and in accounting. Do you still stipulate, for the record sir, that you received degrees in law and in accounting? Mr. Gunderson: I repeat what I said previously. I have a BS and I have the equivalent of the law degree from the University of Illinois. Mr. Plummer: Here again, this record, as you stated, could be wrong, and I'm sure that this Commision the one t};ing will do, if nothing else, is go back and ask that this record be clarified. Now, in the first one, in the so called deposition of you, in Michael McGuire, in the second page, and I'm asurning ;ou were unt3er oath when you gave this deposition, he said, will you till me your education. The answer, I have a background in law and in accounting. Question, do you have a law degree, and the answer is yes. And from where, and the answer is Illinois. Now, that is your testimony unless you're indicating_ that this testimony is not correct or this deposition is not correct? Mr. Gunderson: Well, as I say, the problem, might have used a clarifying word and say, the equivalent of the LLB. But I mean, that's an afterthought. Mr. Plummer: Okay, are you stating for the record then, that this deposition is righ�_, or is wrong, or maybe you used improper terminology, is that what you are saying? Mr. Gunderson: I'm saying I probably used improper terminology. Mr. Plummer: Well, let me ask this question because I'm concerned... let me tell you where. I'm really concerned. We're prepared today, to go out for sixty million bonds on the Convention Center.I would assume that this same kind of perspective has been issued for that obligation of bonds. Am I correct? Mr. Gunderson: No. Mr. Plummer: It has not? Excuse me. Mr. Gunderson: It will be ultimately -issued, a prospective, an official statement will be issued be it has not... Mr. Plummer: Has it been prepared? Mr. Gunderson: It's in the process of preparation, as I understand it. Mr. Grassie: Commissioner, in the case of the bond issue that you speak of the sixty million dollars for the Conference Center, that offical statement, and bond prospectus are being prepared jointly by the underwriter, that is Smith -Barney in New York, and by, principally, most of the work is being done by Mr. Guandolo... 19 ist J U N 61980 r4 Mr. Plummer: Well he is present and can answer for himself, Mr. nrassie. My concern has to be, very simply, that if a ... let me see that again, Armando. You know, is Mr. Guandolo, if you would. In this prospective which is going out, has it been prepared? Mr. Guandolo: (INAUDIBLE COMMENT FROM THE. AUDIENCE) Mr. Plummer: Has a draft been prepared? All right, sir. Do you have a copy of that draft with you, sir? And in whose possession is the draft? Mr. Guandolo: (INAUDIBLE COMMENT FROM THE AUDIE-ZE.) Mr. Plummer: That's in New York, sir? But a copy of that could be produced for this Commission? All right. To the best of your knowledge, Mr. Guandolo, in that draft is there such a description of the officials of the City of Miami as there is in this general obligation? Mr. Guandolo: (INAUDIBLF COMIa-NT, SPnKEN FROM THE AUDIENCE AND AWAY FROM THE MICROPHONE) Mr. Plummer: But you've not seen it so you don't know. All right, well, of course, it's my nnKerstanding now, if I'm not mistaken, and let me look here for a minute. My concern in that we're beinq asked today, as a formal resolution of this Conmis;ion, authorizing the sale of sixty million in revenue bonds for the Conference/Convention Center, and you tell me that we're authcri:ing today without even a final draft of the prospective. Now, isn't that a little unusual? Mr. Guandolo, would you come up to the microphone, sir so we can have you on the record? I don't understand how we can do that, sir. Or how anybody would ask this Commission to do that without even a final four,. Would you please comment on that, sir. Mr. Guandolo: Are you talking... Commissioner Plummer, would you state what your question is? .141. Plummer, Yes, sir. Well, would somebody give him a copy of what we have. Are you familiar with the Genral Obligation Bond for the City of Miami, sir? Mr. Guandolo: Yes, yes I am. Mr. Plummer: You're familiar with this description of the City officials? Mr. Guandolo: Yes. Mr. Plummer: All right. My concern, sir, is that number one, we are being asked today to authorize the sale of sixty million in bonds, and we don't even have a final draft in front of us, which of course, anything can be changed when it has the word draft, and does not have the word final. Am I correct, sir? Mr. Guandolo: That's correct. Mr. Plummer: That's why they make drafts. Don't you find it unusual to ask the governing body or the final decision makers to make a decision authcrizing the :.ale of honds without final drafts before that body who yo" are asking to vote? Mr. Guandolo: well actually, the authorization, the true authorization for the issuance of the bonds will occur at the point where you receive a proposal for the purchase of the bonds. That has not been submitted to the Commission as yet. Your action... whatever action you take here today with respect to the honds will just be preliminary to what your final action will be when the proposal is submitted for the purchase of the bonds. Mr. Plummer: Mr. Guandolo, this before us, if you've not read the I agenda, sir, does not say preliminary, this is the authorization of the 20 JuN E �5so ist Mr. Plummer (continued): sale, sir. Mayor Ferre: No... Mr. Plummer: It doesn't say preliminary. Mayor Ferre: It does because for the last twelve years that I have... I'm sorry, for the last ten years that I've been invovled in government... Mr. Plummer, I'll explain my statment in this way. You and I have sat on many, many approvals of the authorization for the sale of bonds. The procedure is always, and I would assume in this case again, that what we do here is we approve the authorization, the prcl3sed draft becomes a final draft, it goes out to the underwriters who then move it in Wall Street, and then it comes back with proposal. The proposal is then brought before the City Commission, and at that point we vote an the acceptance or the rejection of the bind sale. That has always been the procedure in this and every other government. Now, what we have before us today is a resolution, three resolutions. One, authorizing the sale of sixty million dollars worth of revenue bonds; two, the authorization of the City Manager to enter into an air rights lease agreement; and three, an authorization to the City Manager to enter into a companion agreement to the air rights lease agr.F,ement for the World Trade Center. Now the first one is the only one dealing with revenue bonds, and this is the established procedure of the City of Miami, Metropolitan Dade County, the State of Florida, and the government of the United States of America. Mr. Guandolo: That is a... the preliminary action that you are taking today which will give the underwriters the signal to proceed to test the market, and to come in with a proposal with the purchase of the bonds. Mayor Ferre; All right, can we move along because we've got... Mr. Plummer: No, Mr. Mayor, I'm sorry, I've got to pursue this. Mr. Carollo: Just two more... Mr. Plummer: Let me finish, I waited, Mr. Carollo. Mr. Guandolo, you have to understand, that there happens to be some lack of communication, and this is nothing new on my part, between the administration and the Commission. As Father says, the English language is very simple. And there has been many times in which I have questioned the administration for not proper, at least giving this Commission all of the information we want. And if you're not familiar let me read to you, sir, have you read these three items on the backup. Mr. Guandolo: The resolutions, you mean? Mr. Plummer: Yes, sir. Mr. Guandolo: No, I have not seen the resolutions, those resolutions. Mr. Plummer: That is horrible. Let me read it to you, sir so you'll know. In no where here does it state preliminary. This is the authorization to sell. Not preliminary. Let me read it to you so it's not my language, it's what's before me. "A Resolution authorizing the City Manager to proceed with the sale of sixty .pillion of revenue bonds for the purpose of constructing the City's portion of the parking garage and Convention Center in connection with the City of Miami/University of Miami James L. Knight International Center, subject to the terms of the sale being finally approved by the City Commission of Miami." ''1 ist J U N 61980 �tl r !-a, Guandolo: Well, you see, it's an unfortunate... Mr. Plummer: well sir, first of all tell me if I'm wrong. Mr. Guandolo: It's an unfortunate use of language, but it does state that it is subject to the Commission's approval of the term. So that the authorization that you are giving is not literally an authorization for the sale of the bonds. Mayor Ferre: yr. Plummer, you're trying to make something out of something that just is not there. For ten years, or eight, or whatever number of years you've been on this Commission, ten years, you have voted, I am sure, on at least six or seven or eight bond issues... Mr. Plummer: Or more. • y! Mayor Ferre: Or more, and I absolutely assure you and guarantee you that you will find that every time you have voted for these bona issues, it is exactly in this same form. You've never «uestioned this item before. Now, I would suggest to you that since this. is a matter of record, and since we are talking about the single lar:est erotic that the City of Miami, and this community has ever underta1:en, +�c'.what is involved is millions of dollars, the future of the Cit;, cif ".i,:;^.,i, the credibility of this community as a whole, that the r�_:< .::= tr.at you are asking regarding, I'm not questioning the Urbana-7111lnois ..i,l -.undersell. That's a separate matter, with regards to this :.ond :sru• I would recommend with a great deal of respect, and admonition, and I use the word advisedly, that you carefully consider what you are doing in the,. process that you are following. And may I recommend to you that since this process is no different from the process that you i,ave followed on many, many occassions, over the mast ten years, that there must be another reason, and I would hope that we don't mix apples and orances here. And I would hope that because of some problems of communication with the administration, or because of some problem with t1ne.matter that Mr. Carollo has brought out with Mr. Gunderson, that you go and p jeopardize something which is a matter of grave concern to you, to t'r;is Commission, to this City, and to this whole community. Now, Mr. Guandolo, I have just one other question with regard... %.* Mr. Plummer: Mr. Mayor, I'm not finished, sir. Mayor Ferre: Okay, go ahead. Mr. Plummer: Behold the turtle he gets no where unless he sticks his neck out, Quote Mayor Ferre. Mr. Mayor, I did not stick my neck out. I did not make these allegations that have been made here today, nor am I at this point, ready to make any decision until this matter has been thoroughly investigated. I did not bring it on top of the table, but it's here. It's here. And as such, I think it is my responsibility and the responsibility of every Commissioner who is going to vote today on a very, as you say, and I agree, a very large, probably the largest bond issue ever floated by the City of Miami. Yes, I have, and I will continue, in the past to vote on procedures as we have followed for the past ten years, but Mr. Mayor, there has never been serious allegations made as were made today, That is... Mayor Ferre: Rose cordon made them within the last year. Mr. Plummer: That was political, you accepted that, I accepted that. Mayor Ferre: This is political too. Mr. Plummer: Mr. Carollo is not running for office at this time. Mr. Carollo: Not for a long time, I won't either. Mr. Plummer: All I'm saying to you is, I am merely establishing on the record, that what we go with, which is not marked preliminary, which 22 ist J U N 61980 Mr. Plummer (continued)s we don't even have a draft, is absolutely letter perfect. Mayor Ferre: This item will be discussed under item seventeen and I will rule anybody out of order that discusses this item further, other than the matter that Mr. Car.ollo has hrouaht up. We are not on item seventeen, we are on iter.-, "A". And it is now 3:30, and I think perhaps with a little bit of time, I hore that you will be ahle to distinguish between Mr. .unclerson, ;,r. Grassie, ar.c' the matters brought up by Mr. Carollo and the very, very difficultsituation that all of us face in this matter of tho Convention/Confererice Center. And I would hope that we would all art r.esnonsibly on that z-. ticular issue, and we will discuss it wl.en it come, un on item seventeen. Thank you, Mr. Guandolo. Mr. Plummer: A rrc:tter of personal privilege, 1,'r. Mayor. I would only ask you as Chairman, what you intend to do at this time about the allegations raised? Mayor Ferre: Well now that's the matter that we're on and that is within the the purview of what we're discussing. fir. Plummer: Then I. would like to hear the wisdom of the Chair. Mayor Ferre: The Commission lias heard an hour and a half of discussion that revolves around a question which is whether or not Mr. Gunderson was telling the trutr, on three :enarate occassions when he said he had a BS degree and a Law degree. I think Mr. Gunderson should come back to the Commission and give us the documentation and the reason for his statements, and if hc. does that, then I think the matter is laid to rest. Mr. Plummer: Then it is my understanding... Mayor Ferre: If he does not do that, then I think this Commission should discuss that at that time. !lr. Plummer: Then it is my understanding that the ruling of the Chair is that the impetus is upon Mr. Gunderson to prove that what he says he is, he is. Is that correct? In other words, there is not going to be any Commission action? Mayor Ferre: I think it is appropriate, under any rule of order, in any law anywhere in the world, that if a man is accused of something, that he be given the nnportunity to answer. And I think that's only... it's not only just, it's the only fair thing to do. Let the... Mr. Plummer: Mr. Mayor, I could not... Mayor Ferre: Let the man have a little bit of time to answer, and if his answer is not satisfactory to you, then it would be perfectly in order for you to make any notion that you want with regards to Mr. Gunderson, provided that it does not violate the Charter or the law. Mr. Plummer: Well, I couldn't agree with you more, Mr. Mayor. I was merely asking procedure, whether anything was going to be expected of the Curwibsian. kiitl I, ui .,curse, woul-d asl. and h:)po that .. Cunder£on, as he indicated ir, his deposition of October 4, 1979, that he does produce the law degree that he stated that hf, ha,i. Mayor Ferre: And in the meantime, Mr. Guandolo, we'll be coming up to seventeen, but I'm sure that you will .... I don't think that in a prospectus of that size and of that magnitude, the statement with regards to the financial officer of the City is that germain to the successful sole of that bond, but I'm sure you'll correct whatever the issue might be and we'll discuss that when we get to seventeen. ist� JUN 61980 Mr, Carollo: Mr Mayor, I haven't finished yet. Mr. Plummer: Did I not ask for a copy of that draft? I thought I did. That a copy of that draft, as presently constituted, would be forwarded to my office. Hopefully,to every Commissioner, of course. N.ayor Ferre: And do you think, Commissioner Plummer, that you would be satisfied to leave t1his at rest for the time being until we sell these bonds if we stipulatf� hc,re that the proper corrections will be made, If they are not there at the 1)resent time. Don't you think that that is sufficient to correct the situation with regard: o the sale of the bonds. Mr. Plummer: I would feel a lot more comfortahle, 'dr. Mayor. Mayor Ferre: Okay, and I think —would you so stipulate into the record so that we don't really have to drag this out and beat it to death for another hour? Mr. Plummer: "r. Mlayor, I would stipulate for the record, that I am sure, or I an positive that those responsible for the dr.aftinq of the prospective after hearing the discussion here toda-,, will be very congnizant of what this Commission's concerns are an(.-' w'll alleviate those fears. Mayor Ferre: And now can we leave that at rest. All right, Mr. Carollo. Mr. Gunderson: Thank you, Mr. Mayor. Mr. Gunderson, can you come up to the microphone again, please. Mr. City Clerk, for the record again, is Mr. Gunderson under oath? Mr. Ongie: Yes, sir. Mr. Carollo: Is Mr. Grassie still under oath? Mr. Ongie: Yes, sir. Mr. Carollo: Thank you. Mr. Gunderson, do you have in your possession the original degree or degrees that you claim to have from the University of Illinois? Mr. Gunderson: If I don't have them in my possession, I will get them, yes sir. Mr. Carollo: when can this Commission be given copies and shown the original? Mr. Gunderson: I can't tell you the exact time,but it should take more than a couple of weeks if I don't have them. Mr. Carollo: why more than a couple of weeks, sir? You know, I have two Associates Degrees and I can produce them right now. Mr. Gunderson: I'm. saying that if i don't have them in my...I moved about fifteen times in my lifetime, and I can't tell you what's there. If I don't have them in my pos>ession, why I will get them, the transcripts u14.1 so iortl,, from the �._rious univerr,ities. ;:r. Carollo: You moved about fift.eon times in your past, from what little I've seen about your background i.hat's why I'm e•.er; mare concerned that the degree's is not whit you claim tnat it is, if you don't have the degree I don't know w''ere to start believing tht� rest of your background. So this CoTrlmission will wait to see the original decree or degrees and not copies also. sir. Grassie, since the —from the statements 11r. -ur,rlerson made, ,and you made, ;'r. Grassie, and I'm glad that you think tLis is so funny, Mr. C,rasEie, since you are the City Manager that hired this gentleman here, so just go ahead on grinning and smiling, sir. Since, from the statements that you both made, you both ist 24 JUN fi 1980 Mr. Carollo (continued): stated under oath, that the place of your prior employment before coming to work in the City of Grand Rapids, Michigan was the PSA Cnrpnration, in Chicano, Illinois, I find it very difficult to comprehend that you both stated that you had never met each other prior tc. Grand Rapids, Michigan. And since it is your responsibility, sir, a City manager, City of Miami, to verity and make sure that every esueci.illy that top level of monagement in the City of %Iami what they s,iy they are. Arid sir, I hold you completely reeF;onsible. completely responsible, if t1,, background of Mr. Gunderson, whet'ier it is 1-he rlcgree or anythinc tAs< is not what he alleges it to be. 1,'urthermvrt2, sir, il that is the zase, it would certainly seC-RI to this Crjru%is`:loner, one LilmrliisiS JnC'Y our. C.f five, that there is a great, great possibility hare, sir, a cnrispiracy of a cover-up between yourself a: -id tlr. Gunderson. Who knows what other cases this might be present in. Mayor Ferre: Are you finished, Mr. Carollo. Mr. Carollo: Yes, sir. Mr. Grassie: I think that requires a statement, Mr. Mayor. Mayor Ferre: Not much of one, I hope. Mr. Grassie: No, no, you're right, it really doesn't require much of one. But I can understand, Commissioner Carollo, why you have difficulty understanding these things, but what you don't know is that Public Administration Service, the organization that you were talking about is a consulting firm. It has staff all over the Ur.iteci States and all over the world. And it is a demonstrakile fact that during the period that Mr. Gunderson worked for this; organization in the "nited States, I was working for it in ilznagua, r.icararua, outside of the country. Now, I understand that you don't know that, but if you did, it wouldn't seem so conspiratorial to you. Mayor Ferre: Anything further, Mr. Carollo? Mr. Carollo: Yes, sir. Mr. Grassie, for the record, is this corporation still active? still exists? Mr. Grassie: Yes, it is the oldest, probably most reputable public adminstration consutling firm in the United States. It was established by the Public Interest Oruanizations of Public Officials in the United States, including the Conference cf ;;overnorls, the U.S. Confernece of Mayor's, and so on. It is stil..l opera:.ing, and the assignment that I was on at the time that we are speaking of was for the U.S. State Departir,ent as a head of mission to a foreign government. Mr. Carollo: Is it still located in Chicago, Illinois? The main... Mr. Grassie: It has one of its offices in Chicago. Its main office is in Washington, D. C. Mr. Carollo: Thank you, sir. Mayor Ferre: All right, we're now on item number"A". Father Gibson: Mr. Mayor... Mr. Carollo: Mr. Mayor, I have made a statement prior to going to the next item. And that statement was that I want this Commission to take come action and not just to let this go by. And... Mayor Ferre: Go ahead, Mr. Carollo. Mr. Carollo: What I am proposing is since we have enough grounds here to be really concerned, what I am proposing to this Commission so that this 25 J U N 6 1980 ist r Mr. Carollo (continued): Commission can vote on it is that we present all the information that we have here to the State Attorney's office so that they take whatever steps are necessary... Mayor Ferre: Sure. Mr. Carollo: In finding out the facts... Mayor Ferre: Fine. Mr. Carollo: And take whatever legal action they so see fit, if any. Mayor Ferre: Fine. The Clerk is instructed to send a complete transcript of this, posthaste, as soon as you can have it typed up, to the State At.torney's Office, and wit!, the request that they review this and investigate it if they feel it requires an investigation. And if you want to make it in the form of a motion, I have no problems with that. Mr. Carollo: Yes, sir. Mayor Ferre: Commissioner Carollo moves. Is there a second? Mr. Carollo: And also I would like to add for them to check, to make sure that there is no violation of any law. Whether it's a misdemeanor or anything else. Mayor Ferre: All right, no violation or anything else. Father Gibson: What is that? Mayor Ferre: He wants to send all this to the State Attorney to see if they find any violations of any laws. And for their perusal. Is there a second to that motiori? Mr. Lacasa: Second. Mayor Ferre: Furtner discussion? Call the roll, please. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 80-399 A MOTION AUTHORIZING AND DIRECTING THE CITY CLERK TO FORWARD ALL PERTINENT INFORMATION CONCERNING THE EDUCATIONAL BACKGPOUND OF JAMES E. SUNDERSON, DIRECTOR OF FINANCE, INCL,'DING SEVERAL DGCUMENTS FILED WITH Tllr CITY COMISSION BY COMMISSIONER JOE CAROLLO TOGETHER WITH THE TRANSCRIPT OF THE COMMISSION HEARING, TO STATE ATTORNEY JANET RENO TO DETER:1INF. IF THLI-T- HAS BEEN ANY VIOLATION IN CONNECTION THEREWITH Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: Vice -Mayor Armando Ldcasa Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: Commissioner (Rev.) Theodore R. Gibson L91 ist J U N 61980 FOLLOWING THE ROLL CALL: Father Gibson: Mr. Mayor, I have some questions I want to raise. Mayor Ferre: All right. Number one, I hope that the Commission would be smart enough to take what Mr. Gunderson said about the number of hours he... Mr. Plummer: Excuse me. Point of personal privilege. Mr. Mayor., you ruled that there would be no further discusson on this matter. Father, excuse me, I'll defend your right, Father. I ahided b,, the Mayor's decision. And I will fight your right, Father, to speak what you want to speak, but the Mayor has made a decision and lets go from there. Mayor Ferre: I thought we were talking about item seventeen, seventeen (a) and eighteen. Now, you mean you don't want to talk about this anymore. Mr. Plummer: NO, Mr. Mayor, your dF-cision was that you would have no more discussion on Carollo's allegations and that we would go to item seventeen in the afternoon. That was my understanding. Mayor Ferre: That's in reference to item seventeen. But in reference to this item "A", we're still on item "A". Mr. Plummer: No, we've never k,.=en on item "A". Mayor Ferre: Oh yes, we have. This is all in reference to item "A". I would not have recognized Caroll.o in any other way. Mr. Plummer: Mr. Mayor, I don't want to get into a hassle and I'm not sticking on technicalities. Item "A" is about telephones. I've mt heard a word here about telephones. Mayor Ferre: rracisely, and before...Carollo, siad since Item "A" is my item and I asked for :;underson to come back and report, before he answers, I have some questions of him. Would you swear him under and then we went into the process. We are on item "A". Now go ahead. Mr. Plummer: I stand corrected. Father Gibson: Mr. Mayor, please let me say what's on my mind and you rule me out of order. I would hope that we can save time, and I'm saying this in an effort to safe time. Mr. Gunderson siad, J. L., I don't want to violate the ur.-Iorstanding but I want to 1,e clear in what I understand. Mr. Gunderson said, that while he does not have a law decnree he has the equivalent. All right. The Cotrunission can save itself some time. I happen to be a college graduate., a seminary graduate, and even went to law school for one day. Take what tfr. Gunderson shi,i with, regara to the number of hours, send it to the university, and say to the university, give me an appraisal of this. You save time ... wait a minute Mr. Mayor, you said It-t him do it. He'll come Hack here because I want to raise another question. He'll come back here and that will ... you would not have cleared it up and we'll be waitir:ci another two, three, four, five, weeks. So I want to make sure and warn the Commission. Now the second thing is, you know, I appreciate us sending this matter to Janet Reno. Whv I voted against sending it to Janet Reno. Janet Reno is over crowded now with a lot of things. Okay? I hope, I hope, you understand what I mean. Okay+ I Just wajiL to warn you. B-t I understand you my brother. I just hope the Commission understands what T'm imrjlyin(-. Mr. Plummer: Father, speaking to your first point, I would assume and I would hope that this matter would be clarified on Mr. Gunderson's background, prior to the adminstration coming back asking for final approval on the bonds. Mayor Ferre: Is there further discussion? Mr. Carollo: Just one final closing statement, Mr. Mayor. AlJ U N 619� N, Mayor Ferre: Go ahead. Mr. Carollo: If we had the type of City Manager that I would feel that I could trust, that would answer my questions that I had pertaining to the City of Miami when I asked them, wouldn't take on some occasions weeks to answer, in others, they are never ans•.ore:i at all, I wouldn't have had to have been forced to have bro-iaht this -,u- in front of. the Commission in this manner. But since I have a City �'on,-ttjer, we have a City Manager, the citizens of Miami have a City �.rra': r, that I feel m' dS One CO?lS.l ne2', that I C3nriOt t r'ust In his word }ial f of the time, if not more, that Coes notfollow what: the City C.':iarter Mates that it is his responsibility to every member of this Cor7•.ission in providing us with information that is requested by us pertaining to the City of b,i.ami, I was forced to bring this out in this way and manner before the Commission... *1ayor Ferre: All right, further statements.... Mr. Carollo: And the last statement that I would like to make is that I would like Pir. Grassie to provide every member of this Commission, to make it available for anyone that would like a copy of it, as the law of Florida states, a coi--,y of the resume and employment applications, of all the top City officials in the City of Miami. Mayor Terre: okay. Further statements or questions? All right, we're now on item "A", discussion of telephone on Pension Office. Okay, go ahead, Mr. Gunderson. Mr. Gunderson: The telephones are operative both in Accounts Payable and in the Pension Office at. this time. They became operative on June 2nd, about 3:48 P.M. The difficulty surrounding the installation were accountable from many, many sources. Most of it through both verbal and written communications with the telephone company, made it known to the Telephone Company that the Pension Office and Accounts Payable were not operative. They finally responded and the ... and their response... in the meantime, they to ned a f the Mail Room and the Mail room was off for one week after they got the Pension Office operating. A lot of it has to do witn notifying the telephone office directly and they, in turn, having to notify their staff in the field in order to execute the orders. Time has been a problem. I think in Mr. Carollo's office we had the same kind of a six week delay or a problem 7ssociated with the installation of his phones. Mr. Carollo: My phones in the office, sir? Mr. Gunderson: Yes. we have the same kind of a difficulty making the installation, so I understand. Mr. Carollo: I had phones in my office, if I recall when we first came aboard. But my main concern here is that I cannot understand, sir, that with all the responsibilities that you have in the City of Miami and how busy your are as Director of Finance of the City of Miami, why do you not follow the proper process, the chain of command that is established to disconnect phones in the City of Miami? And the people responsible for that, not you, sir, but the Office of Computers and Communications, and I want to know why you personally got invovled in disconnecting those phones and the proper steps that have always been followed in the City of Miami were not followed? Mr. (lunderson: dell when we originally placed the order back in April, we were notifivci in the Ceneral Accounting Office, and Mr. Houck took the call, that Margaret l•.allace from the Br�11... Southern Boll Telephone Company would he the liaison for the telephone Company for this order, and that all communications should he with her. 1-1r. Houck subse-;uently gave both oral notice to her on various times for deferral, as we were waiting subject to Commission action for renovation of the General Accounting area, and in each of the several intitances, that deferral was carried out. Unfortunately, one time it was transmitted too late and the phones were disconnected. But those ... but the communications were one, between Mr. Houck ist . 28 J u v e 1980 Mr. Gunderson (continued): and the designated liaison, a person which was Margaret Wallace from Southern Bell. And I personally talked with the Director of Computers and Communications, both personally and on the phone many times. Mr. Carollo: Well let me say this, Mr. ;,iayor, that I p- rsonally took the liberty to contract officials in the phone company. I unfortunately, have not beer able to sneak to tivtm personally. me of my aides did speak to them. You know, all the information Mr. stating, and what the;: toll^ my aide doesn't rnatc:h. Sinre I ic!r.'t have, or should I sav since I 1, ,ve ', peen told 1!c rsnnal l' first 1-,ai.:i, to i l th. information, and Fc>ssibly mere that they havor,'i hc,en able to in i out fog us yet, I'm just going to drop this unt it a 10ter time. 41,, do 1i,-ive t.o 1!ring it up. But I would )ust likf to I tnink it's pretty, pretty sorry and shameful that because of the (lames that were l-layed with these phones for whatever the reasons, we had t -, '.,give h,�:d a which has an awful log of respect for Pension Offjcta and from, the people that belong to the Pension resign as charinrin of one of the two Pension groups that we have in thu City. Mr. Plummer: Mr, tlayor, if I ma„ because I am the one who Mr. Carollo did not mention by name. I forwarded t) yc,u, I sent a letter indicating my resignation fr, m a board whi 'h T ha•;(-� : o-'rved wi t'n ;;rids' ror five and one half years. In that: le,tto-r, very simply, which I ?.,zve given a copy to the Clerk's Office, I indicated that it was virtually impossible for me to sit Jn authority over one hundred and twenty million dollars of City assets lr, which I was r,%t even ahle to cor.�nunicate with that office on a daily La:;is and I would not be reslions.ible for that kind of assets where I coula not exercise that authority. I think it is most unfortunate, there seems to he t,?r whatever reason or w}';itt,%rer falllt, there seems to be a .great weal of ancmosity existlnq b"t:w,:cn the Department and the: FCnsiOn Uepartment. Alr,)st to tlni,. point where the feeling generated is we're going tc show you that ;✓nu can't handle it and you're going to fail. And T really _just don't_ waist to be � party to th-it in any way nhape or form. For rou7,lily two months the -v—nes were off and on, off and on. but the day of my resignation, .:hey had .JL,?n off for tw�-'.ve stralQ}it days and I just could not sit in authority over that kind of situation. Mr. Gunderson, I would like to ask you sir, this memo that we have marked item "A" is over your signature. Is everything therein contained, sir, prepared from your authority? I'm referring to the final page which says list of telephone numbers for temporary offices. Mr. Gunderson: That's the order... that's the... Mr. Plummer: Your office prepared that page? Mr. Gunderson: Yes. Mr. Plummer: So you're responsible for it? Mr. Gunderson: Yes. Mr. Plummer: Mr. Gunderson, the anly question I'd like to ask you, it seems rather strange and. to me as an individual, and I'd like you to comment on, out of one, two, three, four, five, six, individual units of that department, as _ .-c-d here, T.•, o'.::'_::,g, nail, Grant--, Accounts Payable, and the Payroll Section, I think it would he interesting for this Commissinn to know how many of those other six units were without phon( ? Mr. Gunderson: As I know, in t.}:c Accounts Payable wa_; dv;initc•'y off the same length of time the nificc was. but some of t-he others experienced, as y,)u've already ir.cii «ted, intermittent service. I know that when they tried to correct Ar'couJ;', s Payable and the: ?'t n, ion Office, that they at that time disconnected t}:e }'ail Rccm, which the '•jail room had been operating properly. As I understand, the block house out here where the communications network exists, it's a minefield of wires and it takes somebody that really knows their way around and apparently mistakes were being 29 J U N 61980 ist r Mr. Gunderson (continued): made. Mr. Plummer: Well maybe it's a coincidence that out of the six units only two suffered that kind of a problem It just looks very, very strange to me that the one Department that doesn't seem to enjoy a good relationship with the Finance Dcprirtment was without telephones. That's all I have to say. I think it's most unfortunate, regardless of whose fault it is our how you feel on the matter, for ;.-I unit as important as that unit that administer, on, hundred and twentj milliun dollars of r City funds that in fact, they wee without phones for t.Lat period of time is to me, in�_xcaseable. I'm not trying to point Iny fingers but it just ...lack of something being done arouri:l here. 4. FIRST AND SECOND READING ORDI,:ANCE: Amend 1 of 8719 - Establish New Trust S Agency Fund - "RECREATION SUPPORT PROGRAM- 1980." Mayor Ferre: Maybe we can go through some of these other items that are non- controversial until we have a full Commission here. Take up item No.3. Is there any problem with that? Plummer moves, Gibson seconds, read the ordinance, please. AN ORDINA.14CE ENTITLED - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.8719, ADOPTED ON OCTOBER 26, 1.977, THE SUX ARY GRANT APPRO- PRIATIONS ORDINPONCL, AS AMENDED; BY ESTABLISHING A NEW TRUST AND AGENCY FUND ENTITLED: "RECREATION SUPPORT PROGRA?I - 1980", AND APPROPRTATING A GRANT AWARD FROM THE CO%LMUNITY SERVICES ADMINISTRATION THROUGH METROPOLITAN DADE COUNTY FOR THE OPERATION OF SAME IN THE AMOUNT OF $25,689; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND DISPENSING WITH THE REQUIRhrMLNT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE CO,%IMISSION. Was introduced by Com:issioner Plum.Zier and seconded by Commissioner Gibson, for adoption pursuant to Section 4, Paragraph (f) of the City Charter dispensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the Commission - AYES: Commissioner J. L. Plummer, Jr.. Commissioner (Rev.) Theodore R. Gibson Commissioner Joe Corollo Vice Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Gibson, adopted said ordinance by the following vote: AYES: Commissioner J. L. Plummer, Jr. Couwrissioner (Rev.) Theodore R. Gibson Commissioner Joe Corollo Vice Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9107 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Com- mission and copies were available to the public. JU.V 6198Q 30 5. FIRST AND SECOtiD ORD].�ANCE: An;en�. SOL.1- of 8719 - A Establish Nuw Trust S Agency Fund: Sl':I'•II�:R FOul) SERVICE � PROGRAM FOR CHILDREN - 1980". 0 few`"'+^W Mayor Ferre: Take up item 4. Gibson moves, Lacasa seconds, further discussion, call the roll on four. AN ORDINANCE, ENTITLED - AN ORDINANCE ADiE.N711NG SECTION 1. OF ORD t.1ANCE 8719, ADOPTED OCTOBER 26, 1977, THE SUXvARY GRANT APPROPRIATIONS ORDINANCE, AS A E1 DED, BY ESTABLISHING A NEW TRUST AND AGENCY FUND ENTITLED: "SLXMLR FOOD SERVICE PROGRAM FOR CHILDREN - 1980" AN API'rOPRIA`I'IN:, A C;PAI.7'f A";AZD FROM THE J. S. OF AGRICULTURE THROUGH THY. YLGRIDA DEPART LENT OF EDUCATION, FOOD AND NUTRITION MANA"'IEMENT FOR THF OPEPATION OF SAME IN THE AMOUNT OF $118, 310; CONTAININn A FlPEAI,ER PROVISION AND A SEVi'.RABILITY Ci.'IUSE: AND DISPENSING WITH THE REQUIREMENT OF READING SFNd-. ON TWO S17PAIiATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION Was introduced by Commissioner Gibson and seconded by Commissioner Lacasa for adoption pursuant to Section 4, Paragraph (f) of the City Charter dispensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the Commission: AYES: Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Armando Lacasa Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None Ali3ENT : Commissioner Joe Carollo Whereupon the Commission on motion of Commissioner Gibson and seconded by Commissioner Lacasa, adopted said ordinance by the following vote: AYES: Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Armando Lacasa Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9108 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. 31 JUN 61980 6 f O'r'DIi:Ai'C�.. ]'I ,`:': A1:J SECOND P..]1A)I;J1-;: A'111'ND S,;CTI i 1 of ORJI'IANCE 6. NO. 9005-INC�-�EASF APPROPRTA'i'IC): FCR I.'!T!-"i�J'RIS-- C00O3;UT GROVE FXHIBITI0% CiSid'..,r., :..ep�!P�►vM�.-^nn+�.w-�A.a��•,r.ysr,R..�w.'�7w'p"i'nrR'�'�'1�lIR.l7'.Z.+'�ac71+ Mayor Ferre: P.11 right, Fat her., do you want to m.)ve five on Coconut Grove Exhibition Center? Father Gibson: Yes. Mr. Lacasa: Second. 5;ayor Ferre: Second by Lacasa. Is there further discussion? Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE A.^".ENDING SFCTIO17 1 OF ORDINANCE NO. 9000, ADOPTED OCTOBEF, 17, 1979, THE; ANNUAL APPROPRIATION'S ORDINANCE FOY THE FISCAL YEAR ENDING SHPTFMBER 30, 19n0, AS AMF% DED; BY INCREASIN'_', THE AFIPROPr:IATIO': FOR THE ENTFPPPISE FUNDS, LOCO, _. GROVE. E:;iiIBTTI. Cla:.._.:, IN AN AMOU::T Cl' c _',5, on(); B'i DECFEAS ti:, THE APPF.OPRIATION FOR THE .., i'R.i F'F.ISi FUNDS, MUICII'AL AUDITORIUM, IN TriF SA':L A�Y_)L NT; F')F: 'Iii" P'FI-OSF OI' FUNDING ADDITIO'.'AL I'RC.'ERTY C'CISTS R}-SULTING FROM, EXHIPITI:i:: CE:'i]:R' C:_':'iT.I':? i, ] :iwF'R. Pi?CVISION AND A A%D DISP-NSINC WITH THE REQT�IiIJ . _,::T O: _'L.%,DING SA�li: C4v TWO G]-PA?ATE DAYS BY A VOTh OF' 1,OT LESS TFAI; FOUR -FIFTHS OF THE MEMBERS OF THE COMXISSION Was introduced hy Cnm� missic.ncr Gibson and seconded by Commissioner Lacasa for adoption pursuant to Section 4, Paragraph (f) of the City Charter dispensing with the requirement of rcading :>ame on two separate days by a vote of not less than four -fifths of the members of the Commission: AYES: Commissioner (Rev.) Then,ore R. Gibson Vice -Mayor Armando Lacasa Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo Whereupon the Commission on motion of Commissioner Gibson and secondea by Commissioner Lacasa, adopted said ordinance by the following vote: AYES: Commissioner (Rev.) Theodore P. Gibson Vice -Mayor Armando Lacasa Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo (CONTINUED ON NEXT PAGE) 04 1St SAID ORDINANCE WAS DESIGNATED ORDINANCE, NO. 9109 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. 7. FIRST AND SCCUIt!) ;:F:AC,7NG nP7 TLNANCE: S';C'TIC ,;. 1, 2, AED 5 OF ORDINANCE 90C,' - C,FFSt:T CT:Aol.-TS FOR PU?CHA. -. OPDi P.:=, ISSUED IN FY 79 ANT-, PAID IN FY 80 Mayor Ferre: How about itetr) 'i:l there ac:y problem on that? Lacasa moves, Gibson seconds. Fui:Iier... Mr. Plummer: Do we have a full h,_A, down on item seven, Mr. Manager? I'm concerned a: -,out ;r;rn(linq money we didn't have, and this is to cover it, is the way I read it. ;,r.d do we have a break down wi,er we over spent and where it was over spent? Do s tl,e Coimn scion have such a copy of that, sir? Mr. Grassie: What the Commission has, Commissioner Plummer, is the ordinance amendment and the one page memorancium which covers that item. Mr. Plummer: No, I'm talking about what was the money used for? Mr. Grassie : If you want more... Mr. Plummer: All right, I'll vote with it... Mr. Grassie: ...detail, we can certainly get you more than what you have in front of vou. Mr. Plummer: Yes, please. I will vote for it with the understanding, Mr, rrassie, that you will give us a better break down than just how much to each in the department. What I would like to know, if that department used those funds for what? That's what I'd like to know. Okay. Mr. Grassie: Fine, we can get that for you. Mr. Plummer: I have no problem with that, Mr. Mayor, on seven. Mayor Ferre: Okay, call the roll. AN OPDINANCE ENTITLED - AN ORDINANCE AMENDING SECTIONS 1, 2, 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 APPROPRIATIONS FOR THE ENTERPRISE FUNDS IN THE FOLLOI':ING A:,oUNTS: COCONUT ri?OVE EXHIBITION CENTER, $1,958; DINNER =TY MARINA, $446; MARINF: STAL`IUM, $2,5. 9; h'TA'.1 7NA, $372; MIAMI STADI,IM, $2, 50,)i ; MUNICIPAL A7J1:)LT0?I 1%11 $534; ORAN(d] HCI•;L, $820; MELRi'.I: E GOLF COURSE, $4,808; MIAD1I SPRINGS GOLF COu:+SE, $113,131; INCREASING 11'hF APPROPRIATIONS FOR TI-1F: INTERNAL SEP.VICE FUNDS IN THE: r'OLLOWING AM,Dt^dTS COMMUNICATIONS MAINTI:NANCi, $2i,676; CUSTvDIAL MAINTENANCE, $443; Hi-'AVY I:�:,i)IPMENT MAINTENANCE, $25,530; MOTOR POOL MAINTENANCE, $16,543; PRINT SHOP, $298; PROPERTY MAINTENANCE, $18,266; AND ,33 (CONTINUED ON NEXT PAGE) J U N 61980 ist r BY INCREASING ANTICIPATED REVENUES IN THE SAME AMOUNTS, RESPECTIVELY, FROM THE RETAINED EARNINGS OF EACH ACCOUNT TO OFFSET THE CHARGES FOR PURCHASE ORDERS ISSUED IN FISCAL YEAR 1979 AND PAID IN FISCAL YEAR 1980; 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 THHiJ FOUR -FIFTHS OF THE MEMuERb OF THE CITY COX!''1;ISSION Was introduced by Commissioner Lacasa and seconded by Commissioner Gibson for adoption pursuant to Section 4, Paragraph (f) of the City Charter dispensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the Commission: AYES: Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Armando Lacasa Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo Whereupon the Commission on motion of Commissioner Lacasa and seconded by Commissioner Gibson, adpopted said ordinance by the following vote: AYES: Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Armando Lacasa Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9110 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. FIT',Si AND SECOND READING OFDINAP'CE: AMEND SECTIONS 2 & 5 OF 8. ORDINANCE NO. 9000-INCREASE APPROPRIATIONS FOR BUILDING AND VEHICLE MAINTENANCE-HEAVEY EOUIP?TENT MAINTENAPJCF., ETC. Mayor Ferre: Al! right, Mr. Plummer moves eight. Mr. Lacasa: Second. Mayor Ferre: Mr. Lacasa seconds. Further discussion? All right, read the ordinance. .34 ist 1 9 AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SIXTIONS 2 AND 5 OF ORDINANCE NO. 9000, ADOPTED OCTOBER 17, 1979, THE A17NUAL APPROPRIATIONS ORIDTNANCF fUR THF. FISCAT, YEAR ENDING SEPTEMBER 30, 19t•i), AS AMIENDED; BY TNCREASING THE APPROPRIATIO'; FOY. INTF',NAL �;ERVICE FUNC)S, BUILDI";r; AN., VEHICI.-E 'lAINTs'.NANCP, Hi7AVY 1'r)''TT.IENT MAINTF,NA";CE, BY THE SAPID AMOUNT YROM THr KCILDING AND Vi.I;IC�.L INIAV' 2"I??1ENT MAINTLI:AN E DIVISION" Ft!"ii+7:;Fii EATi;ITN(-,S �C)F, T1::; PURPOSE _J, PRU'JIDI:;C; A1'j::IT!0,ZAL PL:aS F" HEAVY EQUIPM1:N1 PJRCHAST:,; C'�)::'i'-"�7;dI?:�; A PI'T'!�,AT.EP FRC1ViFlON AND A SiA71%RABiLITY AND WIT11 THE:'. REQUIREMLENT OF READI:v SF, ":I: ('iN `PWJ SEPA`.22ATE DAYS BY A VOT;. OF NOT LESS Ti1A'd 'F THE 11F."'BERS OF THE CO3T lI SS ION Was introduced by Comfi;issioner P1a;nrib(.r and seconded by Commissioner Lacasa for adoption pursuant to Snctioi, 4, Paragraph (f) of the City Charter dispensing with the requirement of reading same on two separate days by a vote less than four -fifths of the momebers of the City Commission AYES: Commissioner (Rt.v. Thf!odure R. Gibson Commissioner j. L. Plummer, Jr. 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, adopted said ordinance by the following vote: AYES: Commissioner (Rev.) Theodore R. Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo SAID ORDINANCE WAS DEISGNATF..D ORDINANCE NO. 9111 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. 35 Lot JUN 6198Q J J tiAA41k FIRST T.;GD S}.COi�1) RFAllI:�G Oi�DillP_ICF: A'a;?'D Sl:.; :'IO:'S 1 & 5 OF 9. ORDI!1,.VJCE 900—I;3CRF:AS APPROP1-vIATTU:S I.; _,PI,CiAl, F '�':S ;V PCCOt':;TS I'; WITH T:!!. t:OVE OF 5 CITY THE NEPl CITY AD';Ir,I(;T;JaTICN RI'ILDINS y w.�.,....y,.n•n.,wr•r......,,•.,•R>,Lr+rt�!. !tn.w.s7r•.:.�r; 7�, '" '. _ T .,':T P' 7.�. . Mayor Ferre: 1 inadvertently forgot six so... Father Gibson: Move. Mayor Ferre: So Father Gibson moves six. Is there a second. Mr. Plummer: Second. Mayor Ferre: Plummer seconds. Further discussion? Air. Plummer: There is discussion, Mr. Mayor. I will want a clarification after this motion, pertaining to the same subject to bring upon the table upon the completion of the roll call. Mayor Ferre: Okay, read the ordinance. AN ORDINANCE ENTITLED — AN OPJIIJ,'1:.CE A%;ENDING SECTIONS 1 AND5 OF ORDINANCE 140. 9000, ADOPTED OCTOBER 17, 1979, THE ANNUAL APPROPRIATIONS ORDINANCE FO THE FISCAL YEAR ENDING SEPTE14BER 30, 1960, AS N.IENDED; BY INCREASING THE APPROPRIATION FOR SPF;CIAL PRO RA 'S F.ND ACCOUNTS IN THE AI•tOUNT OF' .`,'7�),705; GET,`RA%L FUND FEDERAL REVENUI. SHARI'::;, IN THE Sh!dIE A.";OUNT, FOR THE. PURPOSE Oi' i. THE COST ASSOCIATED WITH MOVING FIVE CITY DFPAKT:'.FNTS TO THE NPW CITY A)'�iI';ISTRATION BUILDING; CONTAINING A �T_:PEALER PR.OVISIG:I AND A SEVERABILITY CI.AvSE; AND DISPENSING WITH THE REQUIRE'dENT OF READIN', A t: C41 740 SF'PP.FATE DAYS BY A VOTE OF '.()% LESS THAN FOUR —FIFTHS OF THE MEMBERS OF THE COI!.:'.ISSiO Was introduced by Commissioner Gibson and seconded by Commissioner Plummer for adopt -ion pursuant to Section 4, Para?raph (f) of the City Charter dispensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the Commission: AYES: Commissioner (Rev.) Theodore k. Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: Commissiuner Joe Caro'to Whereupon the Conunission on motion of Commissioner Gibson and seconded by Commissioner Plummer, adopted said ordinance by the following vote: AYES: Commissioner (Rev.) Theodore R. Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None (CONTINUED ON NEXT PAGE) J u N 61980 ist 4 9 ABSENT: Commissioner Joe Carollo SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9112 The City Attorney read the ordinance into the public record and announced that copies were avail`hle to the members of the City Commission and copies were availahle to the public. FOLLOWING ROLL CALL: Mr. Plummer: Mr. Mayor, at. this time, I would like for clarification, this Commission, by unar,im:nrs vote, it was my understanding, have in fact, named that buiidino the Don liic�.,,an Buildinq or the Hickman Building. Now the resolution which has come out of the Cler;A's Office leaves some room for descrapancy. It says, it would he in honor of. All I want to make, on the re- rl, if a motion is in older, that thc: new administration building shall be kr;own as the, either the Don A. Hickman Building, or the Hickman. 3uilding. Mayor Ferre: Let the record ref.Lact the correction as inserted by Commissioner Flumrner, and I'm sure he speaks for the full Commission. That was the intent of the motion made. AUTHORIZE CITY MANAGER TO EN'= INTO PROFFSSIO:'AL SERVICES i 10. AGREE?LENT WITH THE 1'117VSI CAPITA-L DEVELOPMENT, INC. IFOR THi: IMPLr;,I?NTATIi_);.' OF A FINANCIAL (6T?; YEAR. COIIAIUNITY (-:R A' iT FUNDS) Mayor Ferre: All right, we're now on item number nine which is the Miami Capital Development. Who warts to move that? Mr. Plummer: Move it with pleasure. Mayor Ferre: Moved by Plummer, seconded by Lacasa. Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 80-400 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFI'.SSIONAL SERVICES AGREEMENT WITH THE MIAMI CAPITAL DEVELOPMENT INC., FOR THE PURPOSE OF IMPLEMENTING A FINANCIAL ASSISTANCE PROGRAM ON BEHALF OF THE. CITY OF MIAMI WITH FUNDS IN THE AMOUNT OF $200,000 FROM THE SIX YEAR COMMUNITY DEVELOPMENT GRANT FUNDS (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 (Rev.) Theodore R. Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENTS Commissioner Joe Carollo at J LI N 6 1980 ist FOLLOWING ROLL CALL: Mr. Plummer: And I think the record should reflect that Mr. DelSerro and Associates made a very fine presentation. Mayor Ferre: And I apologize for making you wait three hours here. 11. AUTHORIZE CITY r,ANAGLR TO CONTINUE CONTRACT HFNRY T�:,)'iPSON AS PROJECT COOPJ)IIJATOR OF THE CITY OF i'IF•r",I,�l_' IVT:^SITY OF MIVII JAM L. FNICHT INTT;RNi,TIG'uAL CEN-'i,F PROJECT it r. Mayor Ferre: All right, we're now on item number ten. Is there a motion on that? Mr. Lacasa: Move. Mayor Ferre: Moved by Lacasa. Mr. Plummer: I only had a question that I didn't... Mayor Ferre: Wait lets see if we can get a second. Is there a second? Mr. Plummer: Oh, I'll second for purposes of discussion. Mayor Ferre: Fine, go ahead. Mr. Plummer: For the record, Mr. Grassie, what is the gentleman's salary? Mr. Grimm: Twenty-five thousand. Mr. Plummer: Twenty-five thousand payable from... Mr. Grimm: From funds for the Convention Center. Mr. Plummer: Okay, thank you. Mayor Ferre: Call the roll. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 80-401 A RESOLUTION AUTHORIZING THE CITY MANA:.,F.R TO CONTINUE THE CONTRACT SEP.7ICES OF 11EN'RY THr)'-IPSON AS PROJECT COORDINATOR OF THE CITY OF OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER PROJECT (Here fallow: body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded b;- Corunissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner (Rev.) Theodore R. Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: 'None 38 (CONTINUED ON NEXT PAGE) 13t J U N 61980 I E Ag�gN'Pt Commissioner Joe Carollo .. 12. DEFERRAL OF EXECUTION 01 AGRFFNE1,;1'-WAL1.ACE, ROBERTS & TODD- ARCHITECTURAL SERVICES-LATIN RIVI:RFRONT PARK Mayor Ferre: Take up item eleven. Mr. Plummer: I have a little bit of a problem with eleven but it might be able to be clarified, Mr. Ma,ror. On .item eleven, Mr. Grassie, I have a great concern that I always express on all of these matters. I don't know the Wallace Roberts Todd. Is that the old MCHague Roberts Todd? It's by a different name now? Mr. Grassie: Yes. Mr. Plummer: All right, sir. Are any of those people present? Is there anyone present from that firm? Mr. Grassie: I don't believe so, Commissioner. Mayor Ferre: Was it done by selection and all that kind of stuff? Mr. Plummer: I'm sure that it was, Mr. Mayor, and that's not the problem that I have. I would like this matter to be deferred until this group could be present and I have to put them on record. tdayor Ferre: There's a motion for deferral of item eleven. Mr. Lacasa: Second. Mayor Ferre: Further discussion? Call the roll. THEREUPON THE FOREGOING MOTION TO DEFER ITEM NO. 11 was introduced by Commissioner Plummer, and seconded by Commissioner Lacasa, and was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Vice -Mayor Armando Lacasa Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo 39 JUN 61980 r Mayor Ferre: Take up item twelve. Is there a problem with that? Mr. Lacasa: Move. ':a,,,or Ferre: Moved by Lacasa... Mr. Plummer: I'll second that. Mayor Ferre: Second by Plummer. Further discussion? Call the roll. THEREUPON THE FOREGOING ITEM WAS VOTED UPON AND ADOPTED. THIS ITEM WAS LATER RESCINED BY MOTION 80-413 14. AUTHORIZE CITY `'TANAGER TO HIRE STP.FF TO PROCEED WITH PARK 1�7.EST REDEVELOP' -.ENT -EXTEND STUDY AREP, TO ARELS ADJACE';T T-0 PARK WEST; ALLOCATE $130, 000 SI-TH YEAR COT.[ :CITY DEVELOP'dENT FU'TDS .ayor Ferre: Take up thirteen, Park West Redevelopment. Mr. Lacasa: Move. Mayor Ferre: Lacasa moves. Is there a second? Mr. Plummer: For discussion, I'll be happy to second. Mayor Ferre: Plummer seconds. Go ahead. Mr. Plummer: Under discussion, Mr. Grassie, this is indicated that it is coming from the Sixth Year Community Redevelopment funds, which I assume is the target area known as downtown. Mr. Grassie: That is correct. Mr. Plummer: Has this gone before that board and been approved by that board? Mr. Fosmoen: None of our CD projects go before the DDA, Commissioner. Mr. Plummer: No, sir. Not the DDA before the Target Area Board. Mr. Grassie: Downtown is a little unusual in that it is the only one of the target. areas that doesn't have very active citizen participation. Mr. Plummer: But it does have a board. Mayor Ferre: Yeah, Lester Freeman is the board. Mr. Plummer: Well, you know, Mr. Mayor, all I am trying, you know, I think a law suits been filed that this Commission doesn't comply with the request of the public as they have input. Now, I'm just asking for the record, and ist 40 J UN 61980 I Mr. Plummer (continued): I hope the answer is affirmative. If the answer is negative, then I must vote against it. The question, very = simply, Dena... Mayor Ferre: Go ahead, Dena, explain it. Ms. Dena Spillman: When you passed the Citizen Participation Gudelines last year, you approved a no board for downtown. There is no formal citizen participation mechanism. It was agreed that we would work with existinq organazation, tho Chami-,er of Commerce, the Do,:ntown Development Authority, on an ad bas,is, and they have all endoresed this project. Mr. Plummer: So, for the record, the input that this Commission directed you of the public hearing portion, you have gone by these Particular, the Chamber and the DDA and they are on record of affirming this action. Ms. Dena Spillman: This project arid the funding that was allocated is part of the Six Year applications. Mayor Ferre: All right, call the roll. The following resolution was introduced by Commissioner Gibson, who moved its adoption:: RESOLUTION NO. 80-403 A RESOLUTION AUTH01,:1Z11!.-: THE CITY MANAGER TO HIRE STAFF I',? ORDLE TO PROCEED WITH PAR}: WEST REDEVELOPMENT, EXTENDING '11HE STi;DY AREA TO TNCLUDF THE AREAS ADJACENT TO PARK WEST AS NECI':S�:AR`_' 17OR PARK WEST REDEVELOPMENT, AND FURTHER '>190,000 OF SIXTH YEAR COMMUNITY REDEVELOPMENT FUNDS TO IMPLEMENT THE SAME (Here follows body or r�,scl.ution, 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. Vice -Mayor Armando Lacasa Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo AUTHORIZE AIND DIRECT THE CITY MANAGER TO EXECUTE A CONTRACTUAL 15. AGREEMENT WITH METROPOLITAN DADE COUNTY IN CONNECTION WITH WITH THE CITY ASSISTING METRO-DADE COUNTY DEPARTMENT OF TOURISM, ETC. Mayor Ferre: Take up item fourteen, Metropolitan Da.'.e County regarding, I'm sure you want this one. Plummer moves and Gibson seconds. Mr. Plummer: I hate to disillusion, Mr. Mayor. Mayor Ferre: You don't want it? Mr. Plummer: I want it, but,let me have a clarification with the adminstration. � ►sN G ��80 ist r Mayor Ferret Go ahead. Mr. Plummer: Mr. Grassie, this is one hundred thousand dollars. M Mr. Grassie: That's correct. Mr. Plummer: All right. I am sure that either you or somebody on your staff has read the perspective or the contract that has been put forth by the County, and what they are expecting for that hundred thousand dollars. Mr. Grassie: That is correct. Mr. Plummer: I would tell you, Mr. Grassie, in my estimation, in no way shape, or form, cari you anyway by the strectch of the imagination comply with what they are l.utting forth in that contract for the tune of one hu;;dreg tn: us,,nd dollars. They are talking alhout world-wide travel. Now yoi don't ra c• t,-j mr,k too many of those tril,s when ;lou start_ eating it u},. and tier, you start king into t his other. I have a word of caution, thit on a stipul,it:lon, be addc�t to this t}.irq, you know, making r stri t..;o:,s. Yo I if 'hey toil ,: )u, okay, buddy, we want you tc, qo to Iifty 1-laces in Lurt:pe during the year, once a week, and apply for a c,,,:vention. Tht_ie is your one lvi.vired thousand dollars. And they are c,oi:ig to t.irn around inci say, by God, the City didn't live up to its contract. Here's what we gave them a contract for, we gave them the money arid they can't do it. Mayor Ferre: What do you want to stipulate in it? Mr. Plummer: I'm concerned. Mayor Ferre: Well what do you want to stipulate in it? Mr. Plumper: I'll listen to the wisdom of the Chair, to Mr. Grassie. Do you understand my concern, Mr. Grassie? Mr. Grassie: Yes, 1 do, Commissioner Plummer, and you know, it is a legitimate thing that we need to be concerned about. I do think though, that the interpretation of the way in which we carry out the terms of the agreement does rest with the City. So that the TDC, which is providing_ the money does not really have the option of saying to us, go to fifty places. What we have is mutual goals, we have a process of reporting back to them, freq,.,ently, pxo:ably as frequently as once a month. And in that process, we're going to come to some mutual understanding of what we are going to do. But they do no, have the prerogative of indicating to us specifically that we have to go to fif*y places. Mr. Plummer: Well, that's my l:roblem, C,_. Grassie, is that they don't stipulate that you have to go "V" r.umher. but when I look at a contract, as I have this one, and I read about ten pages of what you shall do for that one hundred thousand dollars, I want to tell you, in my humble estimation, they are about one hundred short. Mr. Grassie: Well, I would certainly agree with you that, if we can get more money from the TDC that we should try to do it. Ar. Plummer: I'm just: sayinq, I hope there is a clarification of what this City is going to do for th,►t or,c• hurLcir -j ti,o � •:;;i dollars, because I feel, at the },resort. time that that which is prepared in this contract, that the funds arc not :>ufficient to do, anA I st,:nd ;:corrected, it is only a four page bu(:aa,_cc of Loth :,icic_s. -,Alit it says here, t},ere's an awful lot Of things that this City is expo ctc•d to do for that one hundred thousand dollar:;. And I'm just raisinq a flag of caution. I'm scared there's not sufficient funds tho.,rt., to do them. I hope we understand. Mr. Grassie: This is a first year, and sort of a pilot effort, to try and develop this cooperation. And I think that it is going to have to grow and expand probably in the future. -12 J U N 6 1980 ist 1 16 Mr. Plummer: All right, sir. I'm ready to vote on fourteen, Mr. Mayor Mayor Ferre: All right, call the roll on fourteen. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 80-404 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A. COI1TRACr7Pd, AGRP MENT WITH METROPOLITAN DADE COUIN'TY IN REGARD TO THE CITY ASSIST _NG METRO-DADE DEPARTMENT OF TOURISM, IN ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN THE ATTACHED AGREEMENT (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by C,xwmissioner Plw mer, the resolution was passed and adopted by the following vote: AYES: Vice -Mayor Armando Lacasa Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo s 16. DIRECT CITY MANAGER TO ENTER 10TO AGREEMENT WITH MIAMI-D.. E C01414UNITY COLLEGE FOR THE PURPOSE OF PROVIDING PROFESSIONAL j TRAINING IN RECREATIONAL LEADERSHIP (CETA TITLE IID AND VI) Mayor Ferre: Take up item fifteen. Any problem with that? Mr. Plummer: I'll move it. Mayor Ferre: Plummer moves, Lacasa second. Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 80-405 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AGREEMENT WITH MIAMI-DADE COMMUNITY COLLEGE IN SUBSTANTIALLY THE FORM ATTACHED HERETO, FOR THE PURPOSE OF PROVIDING DESIGNATED PROFESSIONAL RECREATIO,]AL LbADERSHIP, FOR THE CITY Or MIAMI'S CETA TITLES IID 6 VI PARTICIPANTS WITH FUNDS THEREFOR ALLOCATED FROM THE CITY OF MIAMI'_; C,:)NTRACTS WITH THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: (CONTINUED ON NEXT PAGE) ist 43 J' .�g� 4 A t i AY28i Commissioner (Rev.) Theodore R. Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo Father Gibson: Move. Mayor Ferre: Father Gibson moves sixteen. Mr. Lacasa: Second. Mayor Ferre: Lacasa seconds. Further discussion? Call the roll. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION 110. 80-406 A RESOL;.;TION ACCEYTINIG THE. DONATION OF CLOTHING AND FOOD FOR THE VICTIMS OF THE CIVIL DISTURBANCE DURING MAY 17-19, 1980, AND AUTHORIZING THE CITY MANAGER TO ADMINISTER THE COLLECTION AND DISTRIBUTION (Here follows body of re--olutior., 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 (Rev.) Theodore R. Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Armando Lacasa *Commissioner Joe Carollo Mayor Maurice A. Ferre NOES: None *NOTE: EVEN THOUGH ABSENT ON THE ROLL CALL, COMMISSIONER. CAROLLO REnUESTED OF T11F CITY CLERK TO BE SHOWN AS VOTING WITH THIS !.10TION. 1c3. AUTHORISE CITY 1iANAGER TU DE'1OLI.S i Ui;Si. '1; STk .'CT'v12F S AS A RESULT 01' TH1: MAY 17-19, 1980, CIVIL DISTL";.8:.';CL, ETC. Mayor Ferre: Father Gibson moves sixteen (a). Mr. Plummer: Second. Mayor Ferre: Plummer seconds. Further discussion? Call the roll. -14 ist J U N 6 1980 0 # The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 80-407 A RESOLUTION AUTHORIZING THE CITY MANAGER TO DEMOLISH UNSAFE STRUCTURES AS A RESULT OF THE MAY 17-19, 1980, CIVIL DISTRUBANCES WITHOUT ASSESSING THE PROPERTY OWNERS THE DEMOLITION AND CLEARANCE COSTS, SAID DEMOLITION BEING AUTHORIZED BY THE OWNERS OF SAID STRUCTURES AND ALL PARTIES INTERESTED THE:IEIN; FURTHER REQUESTING THE CITY MANAGER TO SOLICIT OFFERS FROM MINORITY CONTRACTORS WHERE NECESSARY OR PROPER TO PERFORM SAID DEMOLITION; ALLOCATING $247,000 OF STH YEAR COMMUNITY DEVELOPMENT CONTINGENCY FUNDS FOR THE DEMOLITION PROGRAM (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 (Rev.) Theodore R. Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Armando Lacasa *Commissioner Joe Carollo Mayor Maurice A. Ferre *NOTE: EVEN THOUGH ABSENT ON ROLL CALL, COMMISSIONER CAROLL0 REQUESTED TO BE SHOWN AS VOTING WITH THIS MOTION. NOES: None 19. CONSENT AGENDA DISCUSSION PREVIOUS TO CONSENT AGENDA: Mayor Ferre: Is there anybody here who wishes to speak to the Consent Agenda, comprised of items eighteen through twenty-two? Mr. Plummer: Mr. Mayor, I understood that there possibly were some problems on eighteen. Mr. Grassie, I don't believe there is a problem but there is a clarification that we have to make. The total amount of that purchase is somewhat different, and I'm going to ask Angela Bellamy to give you the exact figure. It's approximately one hundred and thirty thousand rather than one hundred and twenty-four. Mr. Plummer: You can't do it, Joe. You legally can't do that. You can give them less but you cannot give them more. Mr. Plummer: What we're saying Commissioner, is not that we are giving them more money than they bid, what we're saying is this is in the nature of a typographical error. The information on your sheet is incorrect. Mr. Plummer: Joe, it is the agenda and it's my understanding, if the City Attorney rules that I'm wrong, I'll be happy to vote for the increase. 45- J U N 61980 Mr. Plummer (continued): I have no problem. But it is my understanding, that a published agenda is the prevailing factor. That at no time can you ever do more than what's on the agenda. You can only do less. Now if the City Attorney rules that we can increase this to one thirty, 1 have no problem, but I want a ruling. Mr. Knox: It's not based on what's published on the agenda, it's based upon what the bid said. Mr. Plummer: Are you saying that this can be increased to the one thirty and we can vote on it today? Mr. Knox: Yes, sir. '!r. Plummer: Fine. I'm going to remember that for the future there, George. Mayor Ferre: Item twenty-one, go ahead. Mr. Grassie: Yes, sir, what is the question? Mr. Plummer: Is this a continuing contract, or is it a renewal and did it go out for specs? Mr. Grassie: It did go out, as I understand this, this is a modification of it and the final phase really. You're talking about the renovations to the Computer Office? Mr. Plummer: Yes, sir. Mr. Grassie: What we're doing is, we're accepting the completed work and we're authorizing the final payment which is the final ten percent of two thousand nine hundred dollars. Mr. Plummer: Finally then, I would ask so that the record would be clear, ghat is the exact figure to be inserted in item eighteen? Mrs. Bellamy: It's one hundred thirty thousand, five hundred fourty nine dollars and five cents. Mr. Plummer: And the reason for the increase, for the record? Mrs. Bellamy: It was a typographical error. The wrong figure was typed up. Mr. Plummer; For the record, this was the lowest bid. Mrs. Bellamy: This was the lowest bid, that's correct. Mr. Plummer: The one thirty five forty-nine zero eight zero. For the record, that was the lowest bid. Mrs. Bellamy: That's correct, this was the lowest bid. Mayor Ferre: All right, 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 be heard on any item in the Consent Agenda? 3earing none, then is there a motion? The following resolutions were introduced by Commissioner I.acasa, seconded by Commissioner Plummer and passed and adopted by the following vote: �& T (CONTINUED ON NEXT PAGE) J U N 61980 19.1 ACCEPT BID: LAMAR UNIFORMS, INC., DEPARTMENT OF POLICE AT A TOTAL COST OF $130,549.05, ETC. PESOLUTION NO. 80-408 A RESOLUTION ACCEPTING ili1: BID OF LF_MAl-, UNIFOII4S, INC. FOR FURNISHING UNIFQF14S ON A CONTRACT BASIS FOR ONE YEAR FOR THE DEPART?1ENT OF POLICE; AT A TOTAL COST OF $130, 549. 05; AL LOCATIN , FUNDS FROM THE. 1979-80 OPERATING BUDSc:T OF THAT DEPARTMENT; AU'P}{ORIZING THE CITY MANA�3EF. AND TliE PURCHASING AGENT ill ISSUE PURCHASE ORDERS FOR THIS QUIPMENT 19.2 AUTHORIZE CITY MANAGER TO EXECUTE AGREE` -'ENT WITH CHAMPION SPARK PLUG C0!4PA_NY FOR TiiE TENTH ANNUAL CHAMPION SPARK PLUG UNLIMITED REGATTA, ETC. RESOLUTION NO. 80-409 A RESOL'.?TION AUTHORIZIN';; THE CITY NLANAGER TO EXECUTE AN AGREEMENT WITH CHA"•i '101; SPARK PLUG COMPANY FOR THE STAGING OF THE TENTH AID?:UAL CHAL4PION SPARK PLUG UNLIMITED RFCATTA AT MIAMI MARINE STADIJM ON JUNE 6, 7, AND 6, 1960, IN SUBE:TANTIAL CONFORMANCF: WITH THE TERMS A14D CONDITIONS AS SET FORTH L"1 THE ATTACHED AGREEMENT 19.3 ACCEPT COMPLETED WORK: P.N.M. CORPORATION-EDISION LITTLE RIVER COMMERCIAL CENTER C.D. BEAUTIFICATION -PHASE I; ETC. RESOLUTION NO. 80-410 A RESOLUTION ACCEPTING THE COMPLETED WORK OF P.N.M. CORPORATION FOR TI;E' EDISON-LITTLE RIVER COMMERCIAL CENTER C.D. BEAUTIFICATION -PHASE I; AUTHORIZING AN INCREASE IN THE CONTRACT IN THE NET AMOUNT OF $3,132.67; AND AUTHORIZING A FINAL PAYMENT OF $17,856.45 19.4 ACCEPT COMPLETED WORK: J & G ASSOCIATES, INC.-COMPUTER OFFICE RENOVATIONS-MMPD, ETC. RESOLUTION NO. 80-411 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY J & G ASSOCIATES, INC. AT A TOTAL COST OF $29,122 FOR COMPUTER OFFICE RENOVATIONS-MMPD; AND AUTHORIZING A FINAL PAYMENT OF $2,912.20 19.5 DIRECT CITY CLERK TO PUBLISH NOTICE OF PUBLIC HEARING IN CONNECTION WITH THE COMPLETED CONSTRUCTION BY INTERCOUNTY CONSTRUCTION COMPANY (PINES SANITARY SEWER IMPROVEMENT SR-5450-C AND SR-5450-S) RESOLUTION NO. 80-412 A RESOLUTION DIRECTING THE CITY CI," RK TO PUBLISH A NOTICE OF PUBLIC HEAPING FOR OBJECTIONS TO THE ACCEPTANCE BY THE CITY COMMISSION 01'`PHE COMPLETED CONSTRUCTION BY INTERCOUNLY CONSTRUCTION CORPORATION OF FIIU-,S SANITARY SEWER IMPROVEMENT IN PINES SANITARY SEWER IMPROVEMENT DISTRICT SR-5450-C (CENTERLINE SEWER) AND SR-5450-S (SIDELINE SEWER) 47 JUN 61980 r.. 20. RECONSIDERATION AND DEFERRAL IN CONNFC7'I0N WITH THE SELECTIC"; Q OF ARLYN FNDF AS ARTIST TO CREATE TAPESTRY FOR TAE LITTLE HAVANA CO^liiUNITY CENTER (ITFDI NU'dBFR 13 TAKEN UP PREVIOUSLY) Mr. Lacasa: Mr. Mayor, I'd like to be recognized for the purpose of calling for the reconsideration of item number twelve. Mayor Ferre: All right, go ahead. Mr. Lacasa: Actually, I voted for this item to be approved but I have a question and I would like to see, before it is implemented, I'd like to see the drawings, and what the proposed... Mayor Ferre: Okay. All right, there is a motion to reconsider item number twelve. Is there a second? Mr. Plummer: Second. Mayor Ferre: All right, call the roll on the reconsideration. The following motion was introduced by Commissioner Lacasa, who moved its adoption: MOTION NO. 80-413 A MOTION TO RECONSIDER AND DEFER CONSIDERATION OF CITY MANAGER'S REPORT DATED MAY 23, 1980, WHEREIN HE PROPOSES TO SELECT ARLYN ENDE TO BE COr-IMISSIONED AS A CITY ARTIST TO CREATE A TAPESTRY FOR THE LITTLE HAVA14A C=MUNITY CENTER PENDI14G EXA;IINATION OF DRAWINGS AND ARTWORK OF THIS ARTIST Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner (Rev.) Theodore R. Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo � 8i58� I f 21. AUTHORIZE SALE OF $60 MILLION [X)I-IAR_S IN F-FVL;NUi BONDS FOR THE CONFERENCE/CONVI'NTION CENTER Mayor Ferre: Take up item number seventeen. Mr. Manager. Mr. Plummer: Mr. Mayor, I would hope, so that the record would reflect, that we give the opportunity to a full Ccrmission to consider this matter. Mayor Ferre: Mr. Plummer, I would have to rule that out of order at this time, because we have gone through the whole agenda waiting for a full Commission, and we ;ust can't wait any longer. So lets proceed. Mr. Plummer: All right. It's on the record. Mr. Mayor, just so that we indicate that everybody... Mayor Ferre: He'll be here in a second, I'm sure. Mr. Plummer: ...that everybody doesn't run, I have about a dozen pocket items, Mr. Mayor, of long standing situations that I would like to discuss before this Commission runs out. Mr. Grassie: Mr. Mayor, and members of the City Commission, I would like to have Vince Grimm introduce the three companion items that are on your agenda, for discussion purposes, and then we would like to respond to questions. There are representatives of all of the interested parties here, and we would like to be in a position to answer any questions you may have before asking you to pass on these items. L. Plummer: May I ask, Mr. Grassie, that the Commission be furnished with a copy of the bonds which you are proffering to be sold. Mr. Grassie: The prospectus, Commissioner? Mr. Plummer: Whatever sir. You're asking us, can we have a copy of what you are asking to be sold? Mr. Grassie: Well, as Mr. Guandolo has indicated to you, that is in draft at this point. Mr. Plummer: There are not copies available to this Commission? Mr. Grassie: NO, one of... Mayor Ferre: Excuse me. Mr. Guandolo, and perhaps Stu, perhaps, since with your —would you step up to the microphone? To the best of your recollection in your professional career, with regards to red herrings or prospectus in the public sector sale of bonds, have, isn't it the established procedure at both the county and the governments that vou've dealt with, the goveri,ing body moves and passes a resolution authorizing t.tip sale of the bonus without having the prot.ae.ctus before it. And if tl:e prosspec:tus is then finalized at the time that the issue goes to mi.rket. Now, is that correct? Mr. Guandolo: Yes. In this particular case, the date that the proposition, the purchase of bonds is delivered to the City and is to be acted upon, officially by this Commission. On that date, the official statement will be subject to the approval of this Commission. 9 J U N 61980 Mayor Ferre: Is that the way the County does it? UNIDENTIFIED SPEAKER: That's exactly the way the County does it. Mayor Ferre: Well now, will the Commission have another opportunity before we finalize the sale of the bonds to review the final prospectus as presented to the public, and sold? Will we have... Mr. Guandolo: Very definitely. Actually, the reason I haven't taken a look at these resolutions was because we will draft the resolutions for that particular occassion when the Commission pay,:,_-s on the proposal of the sale of the bond, which will involve the acceptance or whatever you want to do with the proposal and sale of other bonds, and the approval of the official statement and certain othe matters. Mayor Ferre: All right, thank you. Mr. Plummer? Mr. Plummer: Yes, sir. I would like to delete from this amendment before us the words ... I would like, on the second line, to delete the wording the sale of. Mayor Ferre: Lets get a legal opinion. Mr. Guandolo. Mr. Plummer wants to delete the word the sale... Mr. Plummer: The sale of, Mr. Mayor. Mayor Ferre: ...the sale of. And it will say, a resolution authorizng the Manager to proceed with sixty million of revenue bonds. Mr. Guandolo: I think that with respect to a transaction of this nature which is quite complicated, and involves many parties and many factors. that the underwriters will test the market before they come to the City with a proposal for the purchase of the bonds. And in testing the market, they would like to have a preliminary draft so the official statement, which can be used in discussing this with other ,.laerwriters and prospective purchasers. So that I, I think that what they really want is a resolution from the Commission giving the okay to the underwriters to proceed with this testing of the market. Mr. Plummer: I agree. And my deleting of those words does not do that any harm, sir. Does it? Mayor Ferre: That's you opinion. I'd like to ask the legal counsel's opinion. Does it doe harm to delete those words? Mr. Guandolo: It doesn't do harm. Mayor Ferre: Well then, is it all right to do it? Mr. Plummer: I make a motion to amend... Mayor Ferre: Wait, wait. Mr. Guandolo: It doesn't hurt to leave them in because it is an element of the sale. Mayor Terre: That's not the question. Mr. Guandolo, does it hurt to take them out? Mr. Guandolo: No, it doesn't hurt. I9ayor Ferre: Do you have an opinion that it hurts to take them out? Mr. Worsham: No, but I would call to the Commission's attention the last phrase in the resolution which says said sale being subject to final approval by the City Commission. Mr. Plummer: Where is that? ist I It Mayor Ferre: Seventeen. Mr. Worsham: (SPOKEN AWAY FROM THE MICROPHONE) Mayor Ferre: Mine doesn't say that. Mr. Plummer: Mine doesn't say that. What have you got that I don't. Mr. Grimm: Commissioner's, unfortunately, you didn't get the copy of the revised resolution, signed by the City Attorney. Mr. Plummer: Oh now, you're going to make me invoke the rule. Mayor Ferre: C'mon, I mean... Mr. Plummer: I think a five minute recess, Mr. Mayor. Mayor Ferre: J. L. lets just... Mr. Plummer: They are asking me to... (INAUDIBLE COMMENTS SPOKEN AWAY FROM THE PUBLIC RECORD.) Mr. Plummer: Mr. Mayor, I ask for a five minute recess. (INAUDIBLE COMMENT) Mr. Plummer: Excuse me, you're right but you're not voting, Stu... Mayor Ferre: There's a motion on the floor to delete the words proceed, delete in the second line, the sale of sixty million, sixty million of, no, the sale of is the only words we are deleting. And it would read, therefore, a resolution authorizing the City r'ana�er to proceed with sixty million of revenue binds for the purpose of constructing the Tort.inn of thv parking garage and conference/convention center in cDnnection with the City of Miami/University of Miami James L. Knight Interne-tional Center, subject to the terms of the sale being finally approved by the City Commission of the City of Miami. Is there a second to the motion? Further discussion on the resolution? Call the roll please. This is a vote only on the amendment. we're not voting on the resolution as such. Lets get this completely legal, we're calling the roll at this point. Mr. Plummer: I understand that, sir. Does the motion delete the word sale of? Mayor Ferre: Yes, sir. Mr. Plummer: My final question, Mr. Grimm, it was my understanding that we were going to take a five minute break, or I had requested such. Is this through the process of competitive bidding? Mr. Grimm: No. Mr. Plummer: Mr. Grimm, there was an article, and I never base anything on .,�'ticule s except to ask questions, there was an article in the paper which appeared this morning, indicating that the developer, namely Mr. ,crsham, had indicated or allegedly indicated, that the fifteen million dollars for tht. parking stricture that he, who has full control, would not 1>e able to build for that amount of money. Has that matter been discussed? If so, what was the basis of the final discussion? Mr. Grimm: Well Commissioner, Mr. Worsham is here so he can answer that question as maybe interpreted by the newspaper. Mayor Ferre: The Chair will rule this discussion out of order. ist �1 J U N 61980 Mr. Plummer: We are in the midst of calling the roil for the amendment. Mr. Plummer: Oh, for the amendment. Mayor Ferre: Correct. That's what I'm trying to say, Plummer. I've said this four times now. We are voting on the amendment as made by Mr. Plummer and nothing else. Is there further discussion? Call the roll. Mr. Carollo: Can the amendment be repeated again, please? Mr. Ongie: The amendment deletes, in the second line the words, the sale of. Mr. Plummer: That was my request, Joe. That it be the sale of be removed from... Mr. Carollo: Will you be satisfied with that change then? Mr. Plummer: Based upon other discussion and answers. Mayor Ferre: Call the roll WHEREUPON THE CITY COMMISSION VOTED UNANIMOUSLY TO PASS AND ADOPT THE FOREGOING MOTION ON THE ROLL CALL: *Mr. Carollo: Let me just say this, that I have a great reservation. Like I'm sure everyone here does about what we... t I ON ROLI, CALL: Mr. Carollo: Let me just say this, that I have a grave reservation about what we saw and heard today concerning our Finance Director. That no way to run a ship. (COMMENT OFF THE PUBLIC RECORD) As I was saying, due to the problem that we have all been a witness to here today concerning our Finance Director. I have a great reservation and concern with what has been presented in the past for bonds with what implication this might have. This no doubt is an extremely important project for the City of Miami. Present members of this Commission and the fo naer members of this Commission havo worked a lot to get to this project. It certainly seems to me that... I certainly hope anyway that this would be a project that is going to end up doing a lot for Miami. And 1 would just like to before I vote and I want to vote "yes" in this, ask the City Attorney if it is so that our finance Director does not have the background that he has alleged to have, if that would have any bearing on the sale of these bonds at all, if it's going to jeopardize anything. I just want to get a legal opinion on him before I vote. Mayor Ferro: Go ahead. Mr. Knox: Yes, I would... In this ^saner I would of course, defer it to the opinion of Mr. Guandolo, but I think that I can indicate as preliminary subject to hi: concurrence, that the statement of qualifications of the Finance Director would not materially affect the sale of the bonds and would... if indeed the statements which appear in the prospectus are not true, then they can fairly easily be corrected and still without impairing the market ability of the bonds. Mayor Ferre: Thank you. Mr. Guandolo, would you concur with that legal opinion of the City Attorney. Mr. Joe Guandolo: I. concur in that opinion. This has nothing to do literally with the security for the bonds and more over if a misstake it can be corrected in the official statement that will be issued and everyone here, I'm sure will insist that it be correct. Mayor Ferre: Ok. Now, we just want a legal answer to the... We are in the middle of a vote now and Mr. Carollo is asking a question. Mr. Carollo: Well, then let me say this and it's every man must know his limitations and we are not all jack of all trades. We are all limited in the expertise that each of us hold individually and I am not an attorney, I am not : n export in bonds. I. coald only rely upon the judge, vnt that has been given to me by our City Attorney and City of:i-ials here. So with that I would vote "yes" on this. THEREUPON THE FOREGOING MOTION was introduced Commissioner Plummer and seconded by Commissioner Lacasa was passed and adopted by a unanimous vote. 53 J u N 61980 U Mayor Ferre: Alright, Mr. Plummer, you are now recognized for your questions as to the main resolutiun. Mr, Plummer: Well, Mr. Mayor, I will assume that someone is going to make a motion to past this matter and if you want to go in proper prospective, then the motion should be made and seconded and then discussion, but I will do it whatever way the Chair rules. Mayor Ferre: Alright, is there a motion now on the main resolution? Mr. Lacasa: Move. Mayor Ferre: Alright, moved by Commissioner Lacasa. Rev. Gibson: Second. Mayor Ferre: There is a second by Father Gibson on the main motion as such, is there further discussion? Mr. Plummer: Under discussion Mr. Mayor, I would once again repeat my question direct to Mr. Worsham in reference to an article which appeared in the paper and ask him to state on the record that the fifteen million dollars that has been proferred is in fact sufficient to build this fourteen hundred ninety... ninety or ninety-nine? Excuse me? Fourteen? It's dropped again? Ok, fourteen fifty. Alright, hey, I was successful in getting it up to four fifty_. That, that garage containing all of the matters which is indicated, the matters of the Downtown People Plover, the foundation, the retail space that... well, really what I'm asking you is to contradict the article that was appeared in the paper today to clear that matter up so that it doesn't linger, hopefully, by you answer. Mayor Ferre: Mr. Worsham? Mr. Worsham: Mr. Plummer and Commissioners, I'm Earl Worsham. The answer to you question is yes, sir we can build a fourteen hundred fifty car parking garage pursuant to the Turnkey contract that has been tendered to the City for the fifteen million dollars as proposed. Yr. Plummer: Mr. Grimm, I must ask you then sir, does the Turnkey as r..ferred to by Mr. Worsham include those items which he avoided answering the items of Downtown People Mover, the retail space, the foundation all of that is included in that fifteen million dollar figure. Mr. Grimm: Plus the connecting link between the garage and the convention center, yes, sir. Mr. Plummer: Thank you, just wanted to make the thing clear. Mayor Ferre: Further questions, call the roll please. ON ROLL CALL: Mr. Plummer: Based on the fact that these bonds were not offered or will not be offered is my understanding for corpetitive bidding and in the market we have seen a tremendous down turn as to interests and I think that the market is becoming once again, more competitive or highly competitive. It is my opinion that this should be submitted to the benefit of public bidding. It is not. I. think my votes will. reflect all the way along with the exception u: the b:u.,d T1,1LIC F.ii: i iwvt.• been in favor a,id stili continue the favoring 0I this project whip 1, I think will I)o very fir.-- for the City of Mian;i, but by avoiding and Plot t,�,in}; to Muhl is bidding. _ will not ever have the benefit of knowin}, what hc•ttt•r dual the City could have gotten had it gone to public bidding and it is unfortunate that I must vote "no". M . Carollo: Well., excuse me. It was my understanding when I voted that this was brought to public bidding. I'm sorry, this is the understanding that I had... Mayor Ferre: You have the right to change your vote, we haven't finished the vote. Go ahead. Mr. Carollo: Well, I certainly intend to do that Mr. Mayor. J U N G 19"n OJ 54 V t I Mr. Carollo: You know, back when this was brought forth the prime interest rate across the Country, you know, was extremely high and back then I could understand that possibly the only way that we could get s(�mnwthing that was at least livable with at that time was may be by negotiating; without going to public bidding, but the way that this has... economy has ch;anncd now, the way the prime rate has dropped drastically and hopefully, it will drop even more. I have to at;roe with the statement that was made, that can we ever be sure that .e could have gotten a better deal without having }cane to bidding now. I for one feel that the way that the economy has chanl,ed we could get a better deal for the City of. Miami. And based on that 1 would have to change my vote to a "no" Mr. City Clerk. Mayor Ferre: Alright, let the reflect that the... that since the voting is not concluutd that tine... that Commissioner Carollo has changed... has the right and has changed his vote to "no'. Continue the ro'l call. (ROLL CALL CONTIi�T'ES) Tljis is a very complicated matter and it's been long negotiated. It is my opinion, I am firmly convinced that because of the complexity of it and because of the time constraints it will be vary aifficult for us to do anything other than what we are doing. And upon the advice of those who do know of the financial market and w*ho do know the conditions of tilt market at the same time and since this is not a precedent either in this City or in Metropolitan Dade County or in the State of Florida or in government throughout the United States and this is the appropriate and proper way to proceed in my opinion. I vote "yes". The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 80-414 A RESOLUTION AUTHORIZING THE CITY MANAGER TO PROCEED WITH $60 MILLION OF REVENUE BONDS FOR THE PURPOSE OF CONSTRUCTING THE CITY'S PORTION OF THE PARKING GARAGE AND CONFERENCE CONVENTION CENTER IN CONN- ECTION WITH THE CITY OF Mli'01INNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER SUBJECT TO THE TERMS OF THE SALE BEING FINALLY APPROVED BY THE. CITY CO1.'01ISSION OF THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Rev. Gibson, Vice -Mayor Lacasa and Mayor Ferre. NOES: Mr. Plummer and Mr. Carollo. ABSENT: None. FURTHER DISCUSSION: Mr. Plummer: May I ask a question, Mr. Mayor? Mayor Ferre: Yes. Mr. Plummer: Mr. Guandolo, in your... would you come to the microphone, please? Knowing what you know about the market today, sir and what we have seen as dramatic change in the last thirty to sixty days in the money market, are you in a position to give your opinion--- only your opinion--- as to what thc:sr bonds will come in at? Mr. Guandolo: I have no idea. These bonds, I understand will be insured by an insurance company and thereby Standard and Poors will dive a triple "A" rating to the bonds and the interest rate should accordingly by much less than we anticipated several months ago. Mr. Plummer: Thank you, sir. Mayor Ferre: Mr. Guandolo, you are a bond attorney and not an underwriter, but you have had many, many years of experience in the bond market. It is my firm opinion that if we had not dealt with somebody like Smith/Barney from the very beginning and consulted with them along the way in every step that... crossing the Ts, dotting the Is, putting in the additional paragraphs U J U N 61900 here and there, discussing with the financial experts on Wall Street, I don't think we could be wliere we are. Mr. Guandolo: I as,,ree with you Mr. Mayor. As a matter of fact, the question as to whether you shall or shall not negotiate the sale has already been partially resolved by virtue of the fact that you entrusted to Smith/Barney the function of putting this deal together. Mayor Ferre: Precisely. Mr. Guandolo: And they have been spending time and money to accomplish just that thing and the services that they render would otherwise have to be performed by the City throu,;h financial advisers that they would have to pay directly. Now, the underwriters undoubtedly will expect reimbursement for those services but they have movt•d xpeditiously in performing an ,;iportant function. And let me say further, that in my experience in municipal bands this is literall.v one of the most complicated deals that I have ever been involved in. It involves two large public structures. It involves t.wo 1r:'•t towers that are being put over these Structures. It involves many hartics and many factors. It involves the federal governt-,ent . And it is a courpl is att,d type of bond issue that does not lend itself rt•adily to t oi'11)etitl.vi' 'i ik'-dingy',. Tht're arc two large classes of securl t. leE,, broad, of:,s:i,' of t itirli leti in t'.iC :;, i'", i i'ipal market. 011 ' is general obligation bonds. Those are inv.iriably sold throu,;•1, compeLitive hidding. The City follows tii,3t prat tic tt'nr l:;li.'nil`:. The. other are tl,,t special obi igat ions which include rcvt nuc 1-onds and mi llinn dollars of honds. NOW, that is not true with ren:)t.ct tr these. `:uonds w!tat is trutr with re'spl•ct to �,,cncral obligation honds. The rtllcral bt,nds ark.- st,ld iitcrally on the basis of whether the City is able to lc'v; r,i: .lcly„lore;n tax purl icicn. to poly the bonds. That's really the only ,ecurity question that's loob:cti. at plus the experience that the City has had over the cars. The revenue bonds involve m.inv factors here. They have ,lti;rcemtnts that would have to be examined and one biu ink; on these bonds couldn't affor(! the time or the experise necessary to reach a cc>nclusion as to whether the price that it would hid would be an acceptable one :ind therefore would unti,)ul,tedly i_�}it�r refute.' to bid or would toid high so as to cover itself in the event its appraisal was not correct. In revenue bonds I would say of this size and this complexity that they are sold on a negotiated basis. Mayor Ferro: Ok. Alright, thank you, sir. Mr. ilummer: Mr. Guandolo would you address yourself... well, I'm sorry it's in the next item. Mayor Ferre: One last issue on this. Mr. Ouandolo in your considered opinion if... and of course, my colleagues have a right to vote their conscience and they have I respect them for it. But if I were to change my vote and vote "no" and go to competitive bid, in effect, wouldn't that kill this project? Mr. Guandolo: Oh, yes, very definitely. Mayor Ferro: Thank you, sir. Alright, we are now on.... Mr. Guandolo: I doubt if you would get any bids. Mr. Pltemmer: Excuse me, Mr. Mayor, let pie go further on that. You know, don't you hope or not indicating for the record that my negative vote is in anyway for the demise of this situation. I have stated prior. I will state again that I could have voted very comfortably to the point if we had a copy of the bonds in front of us. Tacy were not furnished to us. Mayor Merre: 1 understand Plummer. ,ffr. Plummer: I still have the problem with the aspect of non—competitive bidding. Mayor Ferre: Let the record reflect that there is no aspersions as to the reisons f,)r your vote. I chink you did it in all good conscience and in good faith. Now, Whether or not it's practical or not is something else. Mr. Pluumer: Here again, Mr. Mayor I don't want that to be reflected on the record. I want the record to reflect... Mayor Ferre: I stand corrected, delete the last statement, ok. 56 J U N 61980 11 u Mr. Plummer; Then I will be quiet. v-,yor Ferre: Ok. ' 22. AIR -RIGHTS LEASE AGREEMENT WORLD TRADE CENTER Mayor Ferre: Now, Mr. Guandolo we are on Item # 17 "A" since we have already voted on 17 and we have it before us. Now, Mr. Plummer has some questions. Do you want to introduce the subject first Mr. Grimm or do you want to just ,et right into the questions? I think the contract speaks for itself for me. Mr. Grassie: Why don't we try to answer your questions so that we get to what's of concern to you. Mr. Plummer: I would of course,... Alright, I will ask them of Mr. Grimm and then I will ask of course, the bank who this of course, is being signed with. Mr. Grimm at the last Commission Meeting in which this matter was discussed. I raised the question about the possible, if in effect default of the Franchise World Trade and the Dade Federal having to perpetrate that on out for the duration of the contract. Now, what was the final determined because it was my understanding at that time that the bank said "no". Mr. Marshall Harris i►ever says "no". Mr. Grimm do you... Mr. Grimm: Well, Mr. Harris is here and I'm not sure I really understand your question. Mr. Marshall Harris: If I might Mr. Mayor and Commissioners, I'm Marshall Harris of the law firm of Harris and Sirkin representing Dade Savings and Loan. Mr. Plummer I remember you question quite clearly. The lease agreement that you have in front of you and it is my hope that in another five minutes you will have a complete revised, clean copy as opposed to the way you have that one. The same thing, but revised clean. And that will... that copy there does not carry forth the World Trade Center if in fact the World Trade Center people do not bring to Dade an agreement that allows us to build the World Trade Center economically. Mr. Plummer: Is that stipulated here? Mr. Harris: Yes, it is. Mr. Plummer: It is stipulated here? Mr. Harris: Oh, yes. Mr. Plummer: So in other words they must deliver to you prior to your execution... Excuse me, that's what... Mr. Harris: No, no not prior to our execution. There is a side bar contract which will also be executed as well. If you take the air rights lease agreement and the side bar contract together the Sefrius, Worsham group must bring Dade by July 20, 1980 a set of plans that enable us to build a building, parking garage and structure above it economically, all things considered. If that is not done then we have the right to proceed subje.,t to the City's option to tell us they wish to take over our position or have somebody else take over our position. Subject to that option we have the right to then proceed without Sefrius and without Worsham as concerns the structure, not the garage and we may then build a trade center deleting the word "world" because that may be treated as a franchise trademark name as opposed to a generic name. So we would build a trade center which we, I assume would call the Miami Trade Center if we found we could not call it a world trade center. Mr. Plummer: Do we have a copy of that side bar contract? Mr. Harris: Yes, there is a side bar contract. There are some language disputes still on that. We worked until late last night getting the language disputes on the air right lease and that's why I said clean copy should be back. It is being done and finished and plintostated in my office. It's already been... it's been typed and proofed, just the photostating and collating has not been done of the air rights lease. Mr. Plummer: But we don't have a copy, is that correct? Mr. Harris: No, you have the air rights lease as per Mr. Guandolo's copy. There were some changes made, not a great many material changes. There were some changes made in that. I can review those very briefly any time you wish me to. Mr. Plummer: For the record Mr. Harris, our Charter provides that any and all matters such as that shall be in our hands five days prior to the meeting, just for the record. Mr. Harris: Well, I understand that sir. I'm just saying that... pardon me, you did have our draft and you did have Mr. Guandolo's draft in those time limits the workout of the differences between the two occurred last night. They are not material. They are not material in the sense that they are not in one or the other. There are... obviously, some went one way, some went the other. Mr. Plummer: You would of course, stipulate they are very material to the overall situation and the sale of the bonds? Mr. Harris: No, I don't think they affect the sale of... none of the decisions reached last night affect the sale of the bonds one way or the other. Mr. Plummer: Once the bonds are sold. Mr. Harris: No, they have no affect at all. Part of the business deal, yes. Mr. Harris: Oh, no, but have no bearing. They are not material changes affecting ,e salability of the bonds at all. Mr. Plummer: No, I didn't say that. I once the bonds are sold. I didn't say to the sale of the bonds. Once those bonds are sold and we vote on what is here, then it becomes very material if in fact that side bar agreement is not signed. Mr. Harris: Oh, no. Pardon me, sir, nothing is going to be signed without that side bar agreement. Mr. Plummer: You see, but here they are trying to authorize the sale of the bonds. Mr. Harris: You can authorize whatever you want Mr. Plummer, that's up to you. I'm only telling you that we are not executing an air rights lease without that side bar agreement. Mr. Plummer: And my good friend Marshall Harris, you are smarter than this Commission and that's all I'm trying to say to you. Mr. Harris: No, I'm just looking out for my client's interest, that's my responsibility. Mayor Ferre: Alright, is there further... Mr. Plummer: Mr. Harris what is your understanding sir, as to the amount of designated and space in that parking garage of fourteen hundred fifty which will be allocated for the use of the World Trade Center? Mr. Harris: No, spaces. Mr. Plummer: None whatsoever. Mr. Harris: None whatsoever. We will have a right to be... apply as we do in any of, for example, Off Street's parking garage to have a right to be in $ J u,l 61980 the building. Mr. Plummer: Oh, we can't deny you, but you are not looking to that parking structure for any reserved or designated spaces? Mr. Harris: There are none available. The maximum allowed under the constitution have already been allocated to the hotel. Mr. Plummer: And to the University of Miami. Mr. Harris: And to the University, in conjunction. Mr. Plummer: Alright. Mr. Guandolo would you explain to me on.page 7 of the draft. Sir, why do we see the insertion at the bottom of the page referring rn prime rate based up New York Cit N. A. which I understand is Northern Antilles. N.T. Guandolo: I don't know that was put in by Dade. Mr. Plummer: Well, who put it in? Mr. Guandolo: But it's acceptable. There is nothing wrong with that. Prime rates vary as you well know in different parts of the Country. Mr. Plummer: No, I don't know sir in the Northern Antilles what they do with prime rates, I'm sorry. Mr. Guandolo: Well, but they do... They do vary throughout the Country and we just... Mr. Plummer: But why,... excuse me, I'm sorry. Why the Cit Bank N. A.... excuse me, Mr. Grimm am I assuming correctly that the State of New York at Cit Bank N. A. is Northern Antilles? Mr. Grimm: No, sir, it's City of New York. Mr. Plummer: What is the N. A. designation here? Mr. G.,ndolo: National Association. Mr. Plummer: Alright, I stand corrected. Hey, you know, unfortunately as Mr. Carollo says sometimes, I don't know my limitations. And I am the for to admit it, other around here won't. Mayor Ferre: Hey, listen, I want to say something. No, I think that's a reasonable mistake as N. A. can mean Northern Antilles Corporation. That's perfectly reasonable. Mr. Plummer: Mr. Harris, when you are off the phone or the President of the Bank. Yes, sir I want for the record first your name and your position with the bank. Mr. Ronald Lipton: Ronald Lipton, President of Dade Savings and Loan. Mr. Plummer: Mr. Lipton, for the record sir, you have read this so-called draft copy of a lease agreement between the City of Miami Florida and Dade Federal Savings dated July 1, 1980. Mr. Lipton: Dade Savings, yes. Mr. Plummer: Dade Savings and Loan? Mr. Lipton: Right. Mr. Plummer: Is that the proper name, air? Mr. Lipton: Correct. Mr. Plummer: Alright, sir. And for the record you are indicating in here that everything herein contained in this copy presented to this Commission at which we are voting upon is agreeable and in compliance with the way you understand it? 59 J U N 61980 C Mr. Lipton: I have got to see which copy. Mr. Plummer: Oh, fine, sir. (BACKGROUND CO?IMF;NT OFF THE PUBLIC RECORD) Mr. Plummer: Mr. Harris, I asked the bank and your client that they have read a draft copy for what it's worth of a document called the lease agreement between the City of Miami Florida and Dade Savings and Loan Association date as of July 1, 1980 have read this document are in concurrence and in compliance with everything there in contained? Mr. Harris: No, nut true sir. That you are looking at... well, yes, I told you that just a moment ago Mr. Plummer. .r. Plummer: No, Mr. Harris... Mr. Harris: I told you... just let me finish. I told you that, that document .s Mr. Guandolo's ,raft that there had been a draft by us, there were some differences and we reconciled those: .last night and I will be happy to tell you what they were. Mr. Plummer: No, sir, you cannot do that. The law states that every Commissioner has a copy In front of him. Mr. Harris: I understand ti,at and if we can keep talking... Mr. Plummer: That's the law, sir. Mr. Harris: ... for about ten more minutes you will have it. Mr. Plummer: That's fine with me. I do feel that this Commission should be voting upon that document in full compliance. Mayor Ferre: Well, we will to comply with that, wait for ten minutes. Now, in the meantime 1-7 "B". Mayor Ferre: Is there any reason why we can't vote on 17 "B"? Is there a problem with 17 "B" of any kind. Is that being typed up too, or is that the... Mr. Harris: That agreement you cannot vote on, that I could not make the same promise to Mr. Plummer that in ten minutes... Mayor Ferre: Well, that doesn't mean that we can't vote on it. Mr. Harris: No, no, mean if that didn't comply with his standard, that cannot be done. Mr. Plummer: Excuse me, not my standard Mr. Harris. The law states that each Cc-ami,�ionor shall h-)vp in front of him and available to the public that which we are voting upon, not my law, not my standard. Mayor Ferre: He is talking about... you are talkin al,out apples and oranges, please. One question Mr. Plummer, is to Mr. Harris does he agree and does his client agree with. Now, the second statement that you made was, is this Vie same what we are voting on as 17 and 17 "A" and Mr. Harris said... Mr. Plummer: No, we have already voted on 17 "A" Mr. Mayor. Mayor Ferre: No, sir we have not, sir. Mr. Plummer: Excuse me. 3%0 J U N 61980 t Mayor Ferre: Alright, and Mr. Harris said in ten minutes you will have a brand new clean retyped copy of 17 "A" which is basically the same as what you have, but it's going to be cleaned up. Mr. Plununer: Right. Mayor Fcrre: Alright, now what we are talking about now is whether or not we can vote upon 17 "B". You have 17 "B" before you and it has been before you and you have it in your hand. Mr. Plummer: Yes, sir. Mayor Ferre: Now, that's one. That's apples. Now, oranges is does Mr. Harris agree with this. He says he does not, ok. And that's wr:re we are at. Now, the question is to the Manager, is it your recommendation that we vote upon L7 "h" as presented before us presently? Mr. Grassie: Y..s, Mr.. Mayor. Mayor Ferre: Would you explain the reason why? Mr. Grassie: Yes, sir. You know that we have been operating on a very tight time table. The bond sale date that we are still trying to make is June 19th. Now, that becomes more and more difficult as... if we do not have the documents necessary so that the underwriter can get started with their process. One of the documents that they absolutely have to have is this companion agreement. Now, we do not have complete agreement on the terns of this documents, but one of the things that we need from you is to approve it in it's basic form which is what is in front of you and hopefully you will allow us the latitude to make small changes so that we can adjust to the negotiations with Dade Savings... Mayor Ferre: Providing you bring it back to this Commission. Mr. Grassie: ... Keeping in mind that it has to come back to you in any event. Mayor Ferre: Alright, then can we... Alright, can then... is there a motion on 17 "B" under the circumstances? Mr. Lacasa: Move. Mayor Ferre: Is there a second? Rev. Gibson: Second. Mayor Ferre: Seconded by Father Gibson, is there further discussion on 17 "B"? Mr. Plummer: Yes, under discussion. Mayor Ferre: Go ahead. Mr. Plummer: Mr. Harris, I would assume that you would make it known to this Commission in what areas you disagree. I would hope that this Commission would know what they are voting on and they will make their own determination as to whether these things are possibly minor changes. Mayor Ferre: Mr. Harris, I think you and your client and the City of Miami, the Commission, Mr. Worsham and Mr. Fine and his clients, Guandolo and the other people thnt are here w(,ulrl best he served if you would hopefully work out these problc:-s where the teams has been working diligently on this and come back with a ;anal form. It would be my hope that we car, vote upon this document at this time in general and then come back, because obviously if you don't concur with it it's not going any place anyway. So,... But why at this stage of the game you are in the midst of some very serious negotiation and I thick that you should be permitted the right to continue those negotiations as you have in the past. It does not materially hurt the City of Miami for us to vote on 17 "B" at this time, because of what I have just stated before. Furthermore, it is important since time is of the essence for us to go to market, that we have the leeway to proceed very quickly and not to have something that might be perceived or conceived as a detriment that might put the whole thing in jeopardy. In other words what I'm saying is that, that's something that you need to deal with as you have in the past. 61 JU14 61980 Mr. Harris: Mr. Mayor, we are certainly willing to continue to do as we have. We are very pleased that in a sixty-five page air rights lease which Mr. Guandolo Council has evidence is a very complex document because the inner relation with oLaers. We are very pleased we are it this point. It's four and a half months of negotiation and very tryingly so and we ,,re harpy kith that, but I don't want to mislead any rrwr)1)er of the Conmiisslon that every "I" is dotted, every "T" is crossed, that. just is taot so. The side bar agreement... Mr. Plummer: That's in "B"? Mayor Ferre: "B" M-. Harris: I'm talking air rights lease and agreement now. That in that t.tal package there are two concepts that are still. at variance and we are still working on those two and I assume we will reconcile in the next day or two, b cause that we got through a sixty-five page lease already, is I think, pretty good progress. Mt. Plummer: Mr. li,irris, you don't feel then, that "B" tied to "A" or to the sale of the bonds? Mr. Harris: Oh, yes it is because you see your bonds can't be sold until we enter into the air rights lease anti we won't enter into the air rights lease until the contract is signed. Mayor Ferre: Precisely. Precisely. Mr. Plummer: And that is then subject to finally approval by this Commission before the sale of the bonds. Mr. Harris: I can't comment on that. I don't represent you. Mayor Ferre: Well, let's get the lawyers to give us... Mr. Guandolo, do you want to feel that one? Do we need to bring this back before the Commission? Mr. Guandolo: I think it is important to have this lease agreement with Dade signed by the time the bonds are delivered. Signed and delivered. .-vor Ferre: What's the date for that? Mr. Guandolo: If the bonds are sold on June 19th, the bonds will be delivered within about five weeks after that date. So it would be at the latter part of July. Mayor Ferre: So in other words, could we after the bonds are sold on the 19th reconfirm on the 26th of June? Mr. Guandolo: Yes, for all legal purposes that's all you would need. For Smith/Barney's purposes they probably on the date that they submit their... Mayor Ferre: On the 19th? Mr. Guandolo: Yes, on the 19th they would want a pretty firm action. Mayor Ferre: Ok, we may have to meet on the 19th and solve ;something on the board. Mr. Plummer: Well, we are scheduled to meet on the 19th. Mayor Ferre: Ok. I would ther. recommend to the Commission that we follow the ridvice of Counsel in this very, very comp'icated matter and we vote on both 1.7 "A" and "B" and come back on the 19th to confirin the inal. agreement. Obviously, if Mr. Harris and his clients don't come t,.) an agreement then that's another bridge to be crossed, but I don't think that we should ;eopardize this whole proceeding at this point inadvertently and ti,crefore, if there is no further... is there any further discussion on 17 "B". If not call the roll, please. ON k(,i.L CALL: Mr. Plummer: I have to vote in the negative based upon the fact that one of the parties who is a party to this agreement has indicated that this is not yet in full compliance and in fact is not the final document. I have to 40 J U N 61980 vote "no". I cannot vote on something without a final document. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 80-415 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF MIAMI, DADE SAVINGS E-ND LOAN ASSOCIATION, SEFRIUS CORPORATION, MIA."1I WORLD TRADE CENTER, INC., EARL WORSHAM AND MIAMI CENTER ASSOCIATES, INC. CONCERNING 'CHF. DE','ELOP- MENT OF THE. AIR RIGHTS OVER THE CITY OF MIAMI PARKING GARAGE IN CONNF CTION WITH THE CITY OF MIAMI/UNIVERSITY OF MIA31I JA`ES L. KNIGHT INTERNATIONAL CENTER, SUBSTANTIALLY IN ACCORDANCE WITH THE ATTACHED AGREEMENT. (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: Rev. Gibson, Vice -Mayor Lacasa and Mayor Ferre. NOES: Mr. Plummer and Mr. Carollo. ABSENT: None. 24. CONTINUED -AIR RIGHTS LEASE AGREEMENT WORLD TRADE CENTER. Mayor terre: Alright, now on 17 "A" since I'm afraid... it's going to be a thrte to two vote anyway. We may as well get on with this thing. So will somebody make a motion on 17 "A"? Alright, Father do you want to move? You want co second? Alright, it's been moved by Lacasa, seconded by Father Gibson, 17 "A" as presented before us, further discussion, call the roll on 17 "A", please. ON ROLL CALL: Mr. Carollo: You know, we don't even get the story correct many times when we are presented with the full facts, so not being presented with all the facts I have to vote "no" again. Mr. Plummer: Since 17 "A" is predicated on 17 "A" and 17 "B" has not been in fact shown to this Commission in it's final form. I think it is impossible to vote upon "A". I have to vote in the negative. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 80-416 A RESOLUTION ACCEPTING IN PRINCIPLE A PROPOSED ALTERNATIVE LEASE AGREEMENT WITH DADE SAVINGS AND LOAN ASSOCIATION FOR THE PURPOSE OF DEVELOPING THE AIR RIGHTS OVER THE CITY OF MIAMI PARKING GARAGE TO BE CONSTRUCTED IN CONJUNCTION WITH THE. CITY OF MIAMINNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE SAID PROPOSED ALTER- NATIVE LEASE AGREEMENT IN SUBSTANTIAL ACCORDANCE WITH ATTACHED EXHIBIT A; J U N 6 tseo 63 SAID AGREEMENT TO BE OPERATIVE ONLY IF THE CITY AND MIAMI CLN TER ASSOCIATES, INC. ELECT NOT TO PROCEED WITH 7lil: DEVELOP*n:NT OF SAID AIR RIGHTS PURSUANT TO THE AGREE- MENT ATTACHED HERE"iO AS 1"XHIBIT B. (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: Rev. Gibson, Vice -Mayor Lacasa and Mayor Ferre. NOES: Mr. Plummer and Mr. Carollo. ABSENT: None. FURTHER DISCUSSION: Mr. Pl.um,ier: For the record Mr. Mayor. Mr. Grimm you attached to all of these documents a letter stating and this is for the record, that all of these documents have bean si:cwn to all pri:ic Ales involved Mr. Worsham, to Sefrius, to Dade Frderal, to University of ...am-, and of course, to this Commission and that they all are in compliance. You stated that in a letter and I want to ask is the reprvsentative of Sefrius lure? Mr. Grimm: Commissioner, the lutLCr that you refer to, I believe was the admcnishment you put on me with respect to the Turnkey contract. Mr. Plummer: Well, Mr. Grimm... Ok, then I have. Mr. Grimm: And all of the parties that are involved in the lease agreement and a companion to the lease agreement or not here. The only one missing on the companion agreement is Sefrius, but all of the other parties are here. Mr. Plumm.,r: That we can ask them each individually on the record. I once again, will indicate Mr. Grimm, that a I find it very, very hard to believe that a project with Such ma;,,n.tude and having deep involvement as Sefrius i s that they are not here for a final vote. I find that astonishing that, yuu know... Mr. Grimm: Commissioner, you have to recognize that there is a contractual relationship between Sefrius and Earl Worsham and Earl Worsham is here. Mr. Plummer: I understand that, sir. Mr. Plummer: Mr. Worsham, I will ask you individually sir and then as I do I will ask the others that you have read all these documents, that you have no objections to them and you are in consent with all of these documents? Mr. Worsham: Mr. Flummc!r and Commission,,rs, 1' not sure I understand the question exactly. 1'i,erc tire... As Mr. Harris had in.iicated there are some final negotiations rt•mninin,... sonic final polishing on some of thc- documents for everybody to get togethcr. I have read all the cocuments. Mr. Plummer: Well, I'm only indicating to that which is before us, that's all you can really du. I don't know what they are going to negotiate. Knowing Mr. Harris, he is going to own the City. You know, that computer mind will out do our peopie all of the time, but what I'm saying is you can only answer to those docuunents which are presented to us. That you have read them, you are in concurrence, you do feel that this is and you have no objections to any of these documents. That's all I'm asking you. 04- ,l 1;� 6 �980 that you are asking for is what I asked for. Unfortunately through whoever's fault you would not say "yes" or "no", you would be a damn fool to say it, but yet this Commission is asked to be damn fools, because we are asking to approve this prior to final document. Mr. Fine: No, J. L., let me just say. It's subject to corning back to you all and you have the last word on it and you will not approve it until you are satisfied with it as a Commissioner. Mayor Ferre: Alright, is there... thank you. Is there anything else to come up before this Commission before we adjourn? Mr. Plummer: Is there anyone of the university of Miami here? Let the record reflect that only those parties who were interested were here to speak and I cannot of course, question those who are not. Mayor Ferre: That's an opinion. Go ahead. Anything else? NOTE: AT THIS TIME. THE COMMISSION TOOK A BRIEF RFCLSS. 25. 11ISCELLANf:0l'S !0SC.I'S1.;T0'� (A) MEDIA PARf:1:�6 (B) IriCKEASL iH'nta; I'i-.i<S(1';'�;�'1.-t'(','.I'a: DEPT. (C) T11ANKS 10 A'.L it -lip, )Ns [.lid 111:1,plEi) DURING CIVIL DISTURBANCES. (D) CITY AT'T0r;.`:E1' i<' PURE ON NAi2l",E STADIUM ENTERPRISES CONTRACT. (E) DISCL'SSIui� ()i- LI:GISLATTVI: (F) CABLE T.V. - P1 LEGISLATION (G) SIGNINC 017 "Pli'I'f op ?"TAmI" (H) HILL St'l)) 11 T ! i:D F;FFRi (I) MR. GUNDERSON'S PROFESSIONAL. RAcx(:RnITNn !►. w � ��.a .., a. ... . ...rl..�n .L..��:.riwlw.u� �.. _ -� ,:JJt.Y�uii... _ _ _ _ (A) Mr. Plummer: Th- ,(.- 1%,tttcr involves of givat concern to Father Gibson and I will hold that one until later. Mayor Ferre: Well, wh don't you proceed with the others Senator? Mr. Plummer: AI ght, „r. Mayor this... the Administration was... Basically most all of thusc• things that I will be bring up are reports that were designated by this 'on to be repc-rted 1,ack and we have not heard a word. Starting with Mr. Grassie, the concern of ?fir. I.acasa at the last meeting about the problem incurring: In thu Downtown area where the radio station and t.v. and media Cars arc r' in , towe:' . We were supposed to have a report hack at this meeting;. I understand as of .,e�;terday thrc_e of their cars were towed in the Downtown area and we have no report, yet we are being called by the media wanting to know what we are doing about it. There was supposed to be a report made back at this meeting. So... Mr. Grassie: Corm,issioner, I Iiac: not understood that what you were looking for was a report, but ratifier that we try and resolve the problem. The Police Chief has net with r.u.mhers of the news media and has outlined a program that I was under the iu,pression met with their general understanding. Mr. Plummer: Well, obviously, three of them didn't understand that yesterday when their cars were. towed. They were making my phones very busy yesterday afternoon and this morning wanting; to Know when they were going to Laeet with the Police Chief. So the indicition as cf this morning, they have not. Mr. Grassie: I know they did once J. L. Mr. Plummer: Well, all I'm saying is that, that's my indication and I•iayor Clark's Office did of course, and has had a number of meetings with them, but it is a City problem. Mr. Grassie, I would like to know what's going on. Mr. Grassie: Would you like for us to get you something in writing on this? (B) Mr. Plummer: Yes, sir, I sure would. I think if we are going to try to answer the questions. Hopefully, we would still continue to feel that this matter fN Mayor Ferre: Alright,... Mr. Plummer: No, I would respectfully ask that those answers be put on the record. Mayor Ferre: Oh, ok. Mr. Plummer: I want from each and everyone of them. I don't want Mr. Mayor, anybody to come back and say hey, I didn't agree with that. I want to put them up front. Mr. Harris: Mav I eliminate the problem Mr. Plummer? Mr. Plummer: Anyway you feel, sir. Mr. Harris: The answer to your question from Lade Savings is an emphatic "no" and since it's an cmj)hatic "no" from Dade's point of view, since the uocuments before you all require our signature, it is superfluous as to whether the others agree or not at this point. Mr. P'umrner: Mr. Harris, I'm amazed. You have been in politics for many, many years and the one thing I have learned in politics is never try to speak for someone else. Mr. Harris: I didn't speak for anybody else. I analyzed the problem. Mr. Plummer: Well, you thought that, that might... Mr. Harris: I anal}•zed the }problem and if our answer is "no", then whether there answer is "yes" or "no" is inunateri.al. Mr. Plummer: That's true, your answer is "no", but it was passed favorably. Mr. Worsham: I will ask the same of you. Mr. Worsham: i have read all the documents and I would say that to the best of my knowledge all the documents are satisfactory to Miami Center Associates. Mr. Plummer: And you have no objections? Mr. Farris: And that I have no objections to these documents. (BACKGROUND COMMENT OFF 7HE PUBLIC RECORD) Mayor Ferre: Marty Fine, attorney for Mr. Worsham. Mr. Plummer: Excuse me, Marty. The problem is that they have already been approved by the Commission, you see. You know what I'm doing Marty. Mayor Ferre: Well, that's your, but not mine. Mr. Plummer: No, you voted for it. I vote against it. Mr. Fine: I think just to get the record straight. Mr. Worsham's statement is certainly correct, just consider the word "substantially" an integral part of that statement and we are together. Mr. Plummer: I will accept that, then I will ash; the further question. Mr. Worsham, you have no objections to any of these documents fiat have been presented to us, you have no objections and find nothing with therein contained out of the scope of which who have the final authority--- excuse me--- one of the� authorities :,vcr it, you find nothing in here that you ohjcct tc a.i.: Nothing detrimental? Mr. Fine: J. L., on behalf of Mr. Worsham, may I respectfully suggest to you Joe Guandolo has been in a thousand of these transaction more often than we have and we has told you that this is the most complicated he has ever seen. It really is and I know you don't intend it to be an unfair question that you put to Mr. Worsham. It's too complicated a question. The question... his response has to be he is substantially in agreement with all the things that have been presented to you as he has been for three and a half years. Mr. Plummer: You see, Marty, the very reasonableness that you are asking for I asked for as a Commissioner and was not afforded, ok. The very reasonableness 65 J U "1 61980 0 0 could be resolved. Mr. Grassie, some two months ago this Commission instructed the Administration to coma back at the iol.lowing meeting a10ut the increase in sworn personnel in the Police Uepi-:rtmcnt. I think that we put a thirty day deadline nn that report. It has now been sixty days and I do 11116Vrstand there have been problems in that interim period. once again, it does not c?c,mi:-.e the problem of increased crime as we c,,ntinue to rra�.i and even grain thi�. il,orning an increase of fifty -fiver percent crime that is not corn i,eing adcirr�-scd in hnr:•ic.ides. I am very concerned. I think vtl)er members of this corm l ss l caner we .-e very concerned then and are more SO nOW cnl,cern.,d. And all. I'm sayini, is I think 1t behooves the wi( illistration and i'rl :sou on recorii, don't Ji t1lis 0 with at surprise that now w,- are in the and we. csiu't addr, >s it. I'm telling you that I foe on„ am lookini; for at lcai,t a million dollars -66itiol,al mnnies to be put: for at L'Wit f is tv more Pol:ic eni n and it is mv h i c and desire that we can bring tht�-, Pc,l ice L`c partment. liar k up to the strn�ngth as indicated by the Mayor and indic�.itecl f,y the past hi tor• of it's highest level of sworn personnel. Sc all I'm doing, once a for srn,le reason these.! reports have not been forth coming. has Father cone back? "r. GrAss ic comi'..issioner, a�, you vcr\ properi._/ notuc:, the T'olice Department has had some un!.isual ti ings happening; ir, the last month which has diverted their attention from rr'pnrt writing. They ar,- of course, the principle source of the preparation of Luis report. I have talked ir, tilc last two days with the Chief about this. We expect to have this report on your agenda for June 26th. Mr. Plummer: Well, Mr. Grassie, let me just once again for the record indicate to you sir that I don't want to pull any surprises on you or Budget and Management, but I'm telling; you as one. and I thin": somewhat indicated by others. We are looking towards tremendously increasing... excuse me, wrong terminology. We are interested in restoring to its highest level which I think was 1977 or 1978, the sworn personnel of that department. To me it is unthinkable that crime is going up and our sworn i.> going dou-n. I think that this Commission is looking to set priorities anti i for one am telling you that I'm going to do z!vcrything within r.ty po,,.rer as a Commissioner to see that, that level of sworn personnel is returned to the status as it was at its highest level, ok. 3) "fr. Grassie, we, th,. Commission directed you... Mr. Carollo: J. L., if you don't mind now. Mr. :"1 atmner: Not at all, sir. Mr. Carollo: Before you go into other areas in which I think you are now, right. Mr. Plummer: No, I got ten more. Mr. Carollo: Ok. Can I give a little input into the police situation here? You don't mind, do you Mr. Grassie? Thank you, sir. You know, during the most critical days of the disturbance that we had in our community here Mr. Grassie, I was very active in trying to give all the morale support that I could as a member o this Corn.;ission from the City to the police personnel that was out in those streets risking their lives and sacrificing the most they could and in one r.)ll call that I recall at three o'clock on Monday, la fact there was several witness there that heard the exchange of words that we had. One of them was a n"ws director from a radio station and he recalls very clearly what went on there also. Now, I noticed that our police officers were very Short of vital equipment that they needed and a lot of what they had was really almost obsolete. Helmets that would crack with just one hit, billy clubs that were so dried out, couldn't be used practically and tlic:ruf.::e c:ciel:t for-,,d a:. of fi-�r to resort to stronger methods. And I ha.,, went up to you s;r and ' asked you, ,nu know, why is this so and you ar:,w-r..1 me in yocir typical frlc;hion sir "COMMisS.: ner-, that is not of our concern and when I was: shockua to near that fron, you sir and I asked you if isn't our concern, who's concern is it. You stated to me that we :cave more important things to iDe concerned about now than police equipment. Well, Mr. Grassie may be you didn't understand than and may be you still don't understand it now sir, but that was one of the most. important things that we needed to be concerned shout than, because if those men and women that we had out in the streets were not properly equipped to pr,�Lvet their own lives so that in turn they can protect our lives and our properties we have definitely have failed and we failed in the sense that many an officer there was not properly equipped and marry an officer had to bring there own weapons to protect their lives out there and may be sink_ then you changed your mind and I certainly hope you have, 61? J U N 61980 but when we are reading today's Herald that in Dade County it's sixty-two percent. The last five months sixty-two percent increase in murder. The City of Miami's is some forty-one percent increase in muarder compared to the last five months of last year. "That's a great concern to me and I think that every member of this Commission would really be in violation of the oath we have taken to protect the citizens in thl, conrtnunity. If didn't make surd that our police department was properly u(iuipp�-d .r)d properly manned. You know, Dade County and especially the Manager of P:,klu County, Mr. Stierhfeim has been cclri;)l,iiniTip, tt;-at they are terribly under unarmed in Dade County. They need audit;i•..::1 police officers. Well, Dade County has 2.5 police officers for every one tta,)usind citizens. We have only 1.8 sir, so if they are under manned with 2.5 p,r thou:.5and people, can you ima�jne how our police depnrtru01lt must be with 1.8° Not font; at,,o, if a police officer took longer than five minutes to fret to a call they were really chewed out by their supervisor. Today it takes sevt•:iteen rinutes and longer for a police officer to get to a call.. There is no excu;u for that. The main reason that we exist here as CommisriOners is to r;al:u sure that the life and property of i)ur citizens i �, protucted tr, the full i sh and I agree with Commissioner Plummer that we n ed irrrjediately fiIr.v_ ;j.I(Iitio r:I police c,fficc, rs, but I feel even stronger than that. I feel that we rued immediately at least o:ac' hundred, fifty first and fifty right away after that any'. that we have to brine; the Miami Police Department fro:% it.-; prer14�ut level of ::om,l sip; hundred seventy officers, sworn personnel I'm talking about to at least nine hundred in the next year and a half. Not long a;,;o, several vua.s a;>,o our police department was around eight hundred or more. Th;it's quite a ch an,;cn unready. Wc• are short of over a hundred men and woman, close to a hundred fift:' ,ince when we had it the highest level. And our population has grown considerably since that time. Therefore, the level we should be at is at le a:;t nine l:aindred and that should be our goal. Start with at least a hundred until_ we gt C to nine hundred In the, next year and a half and make sure that our police office'rr. have the proper to defend th';r,r,elves to protect us and our property and that the comrunication between the Police Department and the City Administration be improved. I don't think that anyone in this Commission is going to n-iku their feelings or decision on the basis of minor difference of opinion, whether rightfully so or rightly so that some police officers have expresst'd in the last few days. I think that should be pot :aside and I certainly hopL that it will soon, but I think that our main goal has to be the responsibi I ity that this C01:I1riSsiOtl owes the citizens of Miami and that is our main responsibility. To make sure that the protection of life and property in the City of `iian'i i�-, nchi..;ud i.o the fullest level. Now, I'm sorry that I thrr you for so long, that you had to hear me for so lone! Mr. Grassie, but SOU know, it... there wa quite a pew iii_�ple that wanted ne to be here for at least three and a half more years and you knew, that's the way it's going to be sir. Go ahead J. L., after you are done with vour items, I have two more. Mr. Plummer: Mr. Mayor, I would like to make a motion of intent at this time that we instruct the City Manager that this Commission is looking towards this budget year to fully implement the strength... returning the strength of sworn personnel in the Police Department to that of what it was in its highest year. That's a motion of intent. Mayor Ferre: You mean the highest in the last ten years? Mr. Plummer: Well, yes because I think 1977... Well, in 1920 we probably had twelve or fourteen men. The highest year was I think 1977, Joe, was seven hundred eighty-five? Mr. Grassie: Yes, that was the highest budgeted year. Mr. Plummer: Well, that's all this Commission can do is budget and appropriate. Mr. Grassie: You are talking about the highest number of budgeted positions? Mr. Plummer: Right. Mayor Ferre: Alright, is there a second on that motion? Mr. Carollo: Second. Mayor Ferre: Seconded, further discussion, call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 80-417 A MOTION OF INTENT INSTRUCTING THE CITY MANAGER TO JUN 6198o 0 6V INVESTIGATE FUNDING IN THE 1980-81. FISCAL YEAR TO IMPLEMENT ADDITIONAL SWORN OFFICERS IN THE CITY OF MIAMI POLICE DEPART?9.NT TO REGAIN THE STRENGTH OF ITS HIGHEST PREVIOUS YEAR. Upon being seconded by Comllliss:iorier Carollo, 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, (C) Rev. Gibson: Mr. Mayor., may I make a... I would like to say something on a more position note for us today. I get very down in spirit when I hear all the negatives. I hope this may be positive. I would hope that the City Commission would invite... now, I don't know who those people would be, but the people who represent the police and fire because of the recent turmoil this City found itself in and as bad as some of those men... there were some who were... who did very, very good and were commendable. One of the things I learned in my life is if you don't think those people, the few, it may only be a few, in that number pretty soon you won't have any. So what I'm trying to say in a very awkward way is that when I think of the service some of those men rendered and when I think of the hazard... I was in one situation... you can't believe this. Not one of you know this. One Saturday night of the riot I saw two policemen and a fire crew run for their lives. You can't believe that. So what I'm trying to get you to do... whatever way you do it, I don't know. I don't have the answer. You may have to send a message with the higher ups, bring them here and you tell them and let them go tell them or some such. Now, this is not to condone some of the action of some of the people, but I'm concerned about the action of those who were not bad. Mayor Ferre: Well, make it in the form of a motion. Rev. Gibson: Now, tell me how I do it. Mayor Ferre: Make it in the form of a motion Father. Go ahead. Rev. Gibson: I move you sir, that this Commission invite representatives from the Fire Department and the Police Department to come here in person and that we thank them and then they may in their... by chain of command convey our thanks to the others. Mayor Ferre: Alright, is there a second? Mr. Plummer: Well, under discussion. Under discussion. Father I would hope because I was... where you were familiar with Coconut Grove what went on, I was very familiar with what was going on in Culmer and in the North. I would hope Father that you are including a word of thanks to other departments. I... namely Miami Beach who not only gave us Police personnel, but fire. To the City of Coral Gables, to the City of Sweetwater, to Dade County and to the National Cnrd and the ::ighwdy Fatrol that we want to say, you know, thanks to ail when we say thanks. Rev. Gibson: Well, Mr. Plummier, I could tell you about Coral Gables I didn't know whether we needed to... I don't know what the line of... I think that we we ought to go to our Police Chief and we ought to go to our Fire Chief and say to them we want to do this, you tell us. Now, they know the chain of command and all of that. That's their problem. That's not my problem. You see, my Bishop was here today. If I had that kind of problem I would go to him and he got to worry about how I get it done. That's what I mean. Mayor Ferre: I would like to also in that make very special mention of the dispatchers. I think those dispatchers did an unbelievable job under the most s9 u N 6 1980 ... under very, very trying circumstances and I think that we really need to have a very proper commendation and I think it's worth the time and the effort and the expense for each department and each section of the department... we may not he 11110 to give out the commendations to the three or four thousand people... I guess it's more than that, really five thou�-and people that were involved in this process, but we can certainly do that to... commendations to our departments and through them to the men and the women involved in this whole process. Mr. Plummer: Yes, Mr. Mayor, for example there were a lot Of people that are not aware that if you set around thL' table as I had the oppnrtunity of doing on a number cf occasions in E.O.C. which was the... really tht, central nerve of the entire operation. Very few people realized that dcsi f;n,:;tt•d were- people there from Florida Power and Light who set during the entire process an,J, they were part of the nerve center. There kere people from Sc-.Lthern Bell where co:�imunications were vitally important and these are the people t}i,-it I think that the Police rh,'ef and the Fire Chief could give input to so that we do and don't over look anyone who did you know, have some part in what we would like to describe of our City people in a job well done. I think Father, that in the intent of your %otion ... Rev. Gibson: That's correct. Mr. Plummer: ... that all of these people... that we don't let it go unnoticed. Mr. Carol.lo: Now, Father, in the intent of your motion did you want some representation for the Police Department to come before the Commission? Mayor Ferre: Yes, sure. Rev. Gibson: Yes, I just thought that... you know, I believe in chain of consnand. I believe that the Manager ought to be instructed to get those men the Chief of Fire and Police, whatever that is... Mr. Plummer: Let them recommend to us. Rev. Gibson: ...and then they decide. It might be that you have on great big plaque saying this honors the Fire Department of the City of Miami for such and such time. This honors the Police Department of the City of Miami r -,uch and such time. Now, the advantage to that is all the guys who were b.:d. They cover their cloak in that, you know, commendation and they have to feel bad because they were bad, you know. So you don't condemn them... That's what we preach on Sunday morning and I think that preaching is all those good people that say yes isn't he right. All those bad people would say you know, I wish 1-was right, you see. Mayor Ferre: Alright, further discussion. Mr. Carollo: Can we include in there F:<ther may be the Police Chief, the Fire Chief and the Presid=nt of both the Firemen Union and the Policemen Union this way you got representation from the top to the bottom. Rev. Gibson: I'm going to let the Manager deal with the Chief and their men. Mayor Ferre: They will be included. They I'm sure. They have always been included. So further discussion, call the roll. The following motion was introduced by Commissioner Gibson, who moved its adoption. MOTION NO. 80- 418 A MOTION REQUESTING THE CITY MANAGER TO INVITE THE CHIEF OF POLICE AND THE FIRE CHIEF AN'D OTHER DEPARTMENT DIRECTORS TO APPEAR AT A FUTURE COi�L`1ISSION MEETING TO RECEIVE THE THANKS OF THE CO3'01ISSION FOR A JOB WELL DONE IN CONNECTION WITH TTHE RECENT CIVIL. DISTURBANCES AND REQUESTING AN ANALYSIS OF THE OTHER CITIES, METRO, NATIONAL GUARD, FLORIDA HIGHWAY PATROL AND ANY OR ALL OTHER PLRSONS WHO ASSISTED THE CITY OF MIAMI DURING THIS PERIOD IN ORDER THAT A SUITABLE EXPRESSION OF THE GRATITUDE OF THE CITY MAY BE PREPAgED. 70 J U y 61980 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 K. Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOESt None• Mr. Plummer: Mr. Mayor, the next item on my game of catch up... is Mr. Knox... Mayor Ferre: Are we going to eat tonight Plummer or is it your intention to run through 7 on this? Mr. Plummer: Well, Mr. Mayor... Mayor Ferre: Because we are going to meet here at 7. (D)Mr. Plummer: Yes, I understand, that's for zoning. Mr. Knox, we recieved from you today a legal ruling in reference to Miami Stadium Enterprises Incorporated in which you indicate that to the proposed contract you know of no reason why or no legal reason why this cannot be entered into at this time. That of course, was my understanding that it was not a legal standpoint, so my question then to the Administration is where do we stand on that matter? Mr. Grassie: Commissioner, you may remember that a modification to the original lease has been prepared and authorized by the City Commission. After that a court action was instituted which had a bearing on that. The City Attorney has now indicated today that there is no bar represented by that court action so that it is... The document is completely signable. Mr. Plummer: So then are we then to expect that this thing will be finalized by us on the 26th? Mr. Grassie: No, you do not need to take any further action. It simply needs to be signed, that's all. Mr. Plummer: That's it? Mr. Grassie: Yes. Mr. Plummer: So then can I have the assurances of the Administration that, that is fully what you intend to do? Mr. Grassie: Yes. Mr. Plummer: Ok, fine. And you will send us a finalized copy? Mr. Grassie: Yes. Mr. Plummer: Mr. Mayor I have got an awful lot. Let me touch on one other subject, ok. Is Mr. Gunderson here? This is his day and I would hate for him to be slighted. And Mr. Mayor, the subject I'm going to broach, I hope I have the ears of the Commission. Mayor Ferre: You got one ear. (E) Mr. Plummer: Ok and you didn't indicate which one that was. Because Mr. Mayor, you know, I have a very good pipe line from Tallahassee now and there Is something up there that I want to know what the Administration's consideration Is because it's on the verge of passing. �1 J U N 61980 • r Mayor Furry_: Alrl;'llt, Nr- hr -,::;a Itm b LLB : Mr. Plutlmer: Is !,Ir. Gun,tt•rs(m hur, `.• he i5 nOL hurt. Mr. Grassie would you please: indicate to t ,i s Wrni wSl on what YOU feel is the r.1•: icusness and the impact of something that I. am tnK is or thr v me of }'assing today and that is the Governor' e, proi,r. w call , ,i i:.:I .... . wur i d also like to know whit the Administration has done to , na ,,let I ..,., oun'"m, ;h:, >rll i!_,.. n Mrr. %i:. by nr' this afternoon indi.cat:s tat t!+i. (Cc nCL WhIC11 i, her, ,1, !rink of in4 by the Way, I think it's already bi .'t: , ;u,J,_v by th(' ho11: , Wl i ,. nl v p; t f1h.cciNily hreik the City of Miami or hj th, p :lortill and it "Ifuctn the kit-, i.l i,;:ii :i.t'. 1ill, no Where also. Now,wonlu y h: u},plain to Kin : , nin,ion Frc . :,c . havc nov received anything Kum yt ur i i : icu, nor f rum t}:i Vind nee 10pari;:ent, nor from: our liaison in lal i nhat seu Ono: O naLhi" r hht In . "ch. far rva&iny n onseque nce s that I would liko Lc: kn,.n.: WE,: you ,u'pQri] , . h .•t: none to ,ht ti-14 n;attt r. Air. Grasp ie: :'or,;.:, :caner, 1 don'' r,.. ognirL LLu P jgraM by that acronym that you use. Could y0H rpel, LbaL OUL r gi.vv Uw Lh, propcl 'name for it? Mr. Planwwr: it', 'Truth in nomvlhiny roassvEsins_,. Mayor Ferro: T.R.1.M. Mr. Piranhut: 70 i.F. :.C:. n':V tail vo" my understanding Mr. Grassie and if you are not aware of it, 1 want to WI Ju something. It really scares me from the phone call T not this afternoon. MT. i;ra;ti?r_•: '„i'I1, Pa 1',(,% :3WdT'e OT It by that acronym. Now, possibly you are talking about... Mr. Plun ner: wc_l i , *.haz's what the Herald used this morning. Is anybody got a copy of the Horold', Mr. Gr Sr is : Arc •: " tnih in!, about We Governor's intention to have properties appraised at a hunilr"', rercent of value? is that what you are talking about? Mr. P?ur.TCr: .'r, h>i,.,,,:iu abo"t as presented today this proposal gives forth a situation in whiz! anvono whn... Mayor Ferro: in t n it whp—e Vol! _e' vour information. . Plum7 'r. %, A a 01, I'm t-r-jing to find out what T.R.I.M. means since noLody E'.`.,2 is. 'w Mr. CrA—biv, What this is proposing to do as you are al:are that w d, , ra x....,+._ 'l i , ', -- „hr hundred appeals aP.1 "n'l ly on assessments and it's rr'-h:;cm*ic• to b..ri:uv0 We Will iia.•e '.h.! such this year or even may be a few ^lore. Ar:_r crl. Ooi, ,h,.,;t!als ,H-AL nrV nOL Ward by :August the Ist are held in advance _or r.K noths of pavina their dxos. This cooid haVe tremanuous financial - imp.l:.r ou OW City. If -av half fror t.'hnusa& Of LnOSC Cases were not h'ai.t .i:', _ a nt t\ Wink W.. iniv, 110 ,.,,nLrOl over. Now, I'm told that that is the 1" Lwni. i i i ; Kw: _ wt c,;W j 1 ,n i c i.. 'ndi'ux amount of rev,'nue for Six montho Ileut v,.,hr. 7.0 01, . LAM i :1,'ard was tnnt it Such a bill has to pass pieasc: nake it , : foes ., ai rer this f ini.cial year. I am very concerned that the Administration i•; :.. L ,3.:.:,rc. Of L:hib. Mayor Farr... Q hive . l hnvist in T'a:lahEs ec•. Mr. Plummai . L 1 . , . "UVqF w har I'm qa7tng is that the lobbyist hasn't brought this t i 5wor "t t,•rit ien au 11 t. it ': in fact_ inrormation which proves to be factual, 7V vvi y vanccri d. And lnlforLuna"-1y, more concerned that I didn't find out ab ur it until today. Mr. Grassiu; V , 1 , lot', ., nr'L COi.hmiMlonyr by sevinq whether we Can determine whether the hn_..,. of CO Lr, you h.•c is accurate So keep in mind that... wo L1, you art r,'ally Ll,hinp about a un rral for six months of less than ten purrent of t:l:•.rti, Whill,hat is important to as, it is not the kind of catastruphe that brunks the City, huL lec us find out exactly what the potential impact is. Mr. Plummer: W11 , Pm Ansu:hin6 Kat the ie_pislature are extc- ed tomorrow. I haven't heard and .1 don't Lhink yr,_h will really know until midnight. I would ho; P Mr. Crassic , wt,on we cnmv back 110019111. Char iu c e interim you will be able to speak with our l i,libon in Tallahassve NO to check with him and raise these quentions that I Lava raised if whether cr not the potential problem exist or may he the... I hope the inorniation I. have is wrong. I really do. 42 JUN 61980 Aad I hope you will have an answer for us this evening frog our liaison up in Tallahassee. Mr. Mayor I would also like to brim; to your attention that the r{ty of Miami Commission instructed the Administration to come back with a draft ordinance relating to cable t.v. W:0 w•rt. told by the Administration that they can draft such an ordinance over izir,ht and would have it back to us at the next meeting. That is over sixty days ago as I recall. Mayor Ferre: Did you receive a copy of my vie-mo? Mr. Plummer: Yes, sir I did. Your m� �randuir, yes, but I did not receive which was promised by the Administration. 1'i-c sorry also to report to you Mr. Mayor that there is a bill right now that has passed as I understand, the house and has been sent to the Senate prcum,,tim�; in the future any cable t.v, franchises and they now go to the State of Florida, Lh-IL by our dilly dallying we will now -!ot be grandfathered if in fact this 1,,,, islation gasses. Mayor Ferre: of cokirsv, the otter site of it is that if we had proceeded two oaths ago we probably would have been moving along on that now. Mr. Plummer: Weil, excuse t;,e. 11r. mayor, if you will recall the back up unaterial that was at.taclled to tLat two munth5 ago, that outlined an eighteen month procedure. So, no sir, I havc to disagree we would not be. Mayor Ferre: Ok, I st ind corrected. Plu;;jrur was saying that if we hadn't dilly dallied we would grandfathered in, but the fact of tho matter is even if we had moved two months ago according to the Admini�tr.,ition's recom,:-.endations or even if the Administration had given us a contract a month ago we still. would have been caught. I don't think we would have been grandfathered in. eir. Plummer: Well, Mr. Mayor, it's my understanding that bills to the Governor, he has forty-five days in which to sign and it does not become affective thereafter for thirty days. Mr. Mayor, what I'm really saying is if that bill passes I think it behooves this Administration to find some way of completing this situation before the seventy-fifth day so that we would in fact be grandfathered in. Now, here again, you know, there is all kinds of speculation running around Tallahassee. N-. Grassie: Again, let us find out about the schedule on that Commissioner. Mr. Plummer: It's house bill 744. Mr. Carollo: Do we still have a representative in Tallahassee? Mr. Plummer: Yes sir. Mayor Ferre: Rick Sisser. Mr. Carollo: I want to make sure, since Plummer seems to be the one giving us all the information. Mayor Ferre: No, it isn't Plummer, it's Larry. Mr. Plummer: It's still Mr. Plummer, Mr. Mayor. Mayor Ferre: Well, I... yes, ok. Mr. Grassie: Just as an added piece of information Commissioner, we do have a draft ordinance virtually completed. Unfortunately, the staff person who has been working on this Clark Merrill has had a very serious operation, been In the hospital... and he has a very serious o,eration and he has been out of commission for a month and that is the only reason that don't you have it in front of you. Mr. Carollo: We are sorry to hear that Mr. Grassie, but can you assign someone else to do it please. (G) Mr. Plummer: Especially, Mr. Grassie, if your response from Tallahassee is affirmative in what I have said. Time is of the essence. I will discuss two other matters and I will hold the remaining eight until later. The first one we can't do anything about. Mr. Grassie, you know, I raised some serious questions or what I feel to be serious questions in the administration's role of signing a contract allocating some fifty thousand dollars or projected fifty thousand dollars without the Commission approval relating to a contract signed '73 J U N 61980 with the Spirit of Miami. I agreed at a request of Mr. Howard that, that matter be delayed until such time he will be out of the City and that I agreed that it was something that was held .in advanced that would be scheduled for the next Commission Meeting. I understood it to be that way. It has net been rescheduled and I would say that it is more than past due to be reschedule because I think this Commission nuc ds to air that situation. Mr. Grassie: I agree, because you know, the basic information that you have is incorrect. So we do need to clarify that for you and we will get that report to. Mr. Plummer: Alright, sir. I'm happy to hear you say that because it's over your signature.. So any information I have incorrect is over your signature. So I will accept that. Mayor Ferre: Air. Plummer, misunderstand what I mean. I really believe that you have good intention. Mr. Plummer: Mr. Mayor, you understand I have not broached on any subject here that has not hueu promised to this Commission in the last sixty days. and I just want that understood. Mayor Ferre: I wasn't making reference to that. I'm making reference... (H) Mr. Pluuarer: Now, 1 will broach a subject which is not even though it's in direct. Mr. Mayor, Mr. Morty Freedman had surrendered a bill to the City and the indications are at this point... well., excuse me. Mr. Grassie, you have received the bill of Mr. Morty Freedman? Mayor Ferre: Who is Mr. Morty Freedman? Mr. Plummer: You know who Mr. Morty Freedman is. You among all know who he is. Mayor Ferre: I know Mr. Morty Freedman is, but I don't know who Mr. Monty... Mr. Plummer: Mr. Grassie, would you tell the Commission at this time what has been done with that bill? n,. Grassie: ComrAssi.oner, I personally, of course, have not received the bill, but it is very possible: that the City has and I will have to find out when, you know, if we got it, when we got it and what has happened to it. Mr. Plunmter: Alright, sir would you response then in the next five days to this Commission? Mr. Grassie: Certainly. Mr. Plummer: Mr. Mayor, I will at this time hold up the rest of it Mr. Mayor. Mayor Ferre: No, go ahead. Mr. Carollo: I just got two quick ones Plummer, if you don't mind. Mr. Plummer: Go ahead. Go ahead, these are all just matters that are so—called in suspension. Mayor Ferre: You want to go ahead Joe? (I) Mr. Carollo: Sire, this will be quick. Number one, since. Plummer mentioned that it seems to be Mr. Gund,.•rson's day. It seems to me that even though we acted to send every'Lhing to the State Attor'iey's Office. There are some nLatters that I think we ;till kin-1 of may be left in the air r,vk,n though Mr. Grassie should know whit tilt, next: stem of this Commi-,siont would require, bu: I want to maPe -;urea !it, und(.rstands. 1 would like this Comi'Assion to Lv:� on record aF; t,l io,,triict hip,our City Maraigvr, Mr. Grassie to contact the University of Illinois first thirig tomorrow and verify the... Mr. Plummer: Tomoirow is Saturday. Mr. Carollo: That's right it's Saturday. 74 JUN 61980 Mr. Plummer: You meant Monday. Mr. Carollo: Well, may be there is somebody there, but if not, first thing Monday. Monday. 'We wouldn't want you to work overtime on Saturday Mr. Grassie, but first thing Monday and confirm w1,:ther or not the information that we all saw today the two letters from the university of Illinois is indeed correct and Mr. Gunderson does not have the degrees that he claims to have. Is there any objection on that from this Cor.,mission? Mayor Fcrre: We asked Gunderson to protect or defend, I guess is the word. Mr. Carollo: Nc:s, hit liu said it Mif;l1t take three weeks or so and you know, I don't know about an�,body else, but you know, when at comes to University degrees, I think it something that everyone, you kno. takes care of pretty good. — Mayor Ferre: I have no problem with that. Mr. Carollo: So if we could get from you on Monday, you know, what. the University of Illinois says over the phone and if you can request of them to send to us as soon as possible, it's an emergency, another letter with their seal stating what the fact is. Do you understand Mr. Grassie? Mr. Plummer: Mr. Carollo, is that ir, the form of a motion? Mr. Carollo: Well, if we have to make it in a motion, we will make it. I mean if the whole Coi-imAssion is in agreement. Mayor Ferre: Do it either way you want, but as far as I'm concerned I concur, I don't think there is any problem with that. I don't have any problems at all with that. Mr. Carollo: I mean that's something that Mr... Mayor Ferre: Weil, if somebody has a problem with it speak up. Mr. Plummer: Well, I do. Mr. Carollo: It's something, that Mr. Grassie, you know, should immediately do if he is going to be rc:;pon 'ble, but since he c:aesn't always, you know, catch rri I just want to reassure him how the Commission feels. Mayor Ferre: what you are doing; is you are asking; ":r. Grassie to verify for the Commission the statements with regards to titles with the respective University. That's a logical requ�,:,t for the Commission, isn't it fir. Grassie? Mr. Grassie: The way in which I will proceed on that Mr. Mayor, is the way that the City Commission `;.:s already indicated directl,, to `^.r. Gunderson. You wanted him to proceed and that is that I will first ask him, to provide me with that information. Now, if that is not forthcoming, then I will verify... Mr. Carollo: No, no, wait a minute Mr. Grassie. Wait a minute. If it's going to take Gunderson three weeks... Mr. Grassie: I have not interrupted you Commissioner. Mr. Carollo: Sir, can you listen to me please? Mr. Grassie: Not until I'm finished. Mr. Carollo: Well, sir what you are stating here is something all together different. Mayor Ferre: He was saying something, let hin, finish. Mr. Carollo: Alright, Mr. Mayor, you are the Chairman, let him finish saying whatever he wants to or started. Mayor Ferre: Go ahead. Mr. Grassie: Now, I have understood that, that was the process that you have already indicated you wanted followed. If what you are saying now is that in addition to that you want me to take the initiative without asking him for a report. I presume that we can do both things at the sane time. 75 J UN 61980 I r Mayor Ferre: That's what Mr. Carollo is asking you for. Alright, wait a minute, Mr. Carollo has the floor. Mr. Carollo: I am shocked that this gentlemen here... that we have a City Manager that calls himself the professional he is or claims to be, that we pay over sixty-two thousand dollars a year to carry on this City does not have the intelligence to realize that the City Manager of the City Co=iI..sion has the responsibility to verify by our own accords the fact whytiior those degree exist or not. After that. wait for Mr. Cundc�rscn to produces what.cvcr he .ants to produce and we will take it from there, but we have the respnnsibility to take the initiative and verify that too. Mayor Ferre: Alright, is there any prohlenis? I don't perceive any problems. Mr. Gunderson is going to proceed with his investi�..tion and Mr. Grassie is going to also call the Vniversity and I assume that you are going to call the University and others will. call the University, ok. So I have no problem with any of this. Now, is there anything else? NOTE: PLANNING AND 7.ONTN(7 A'ENDA ITEMS ` �(,,S1:COND T2}- �1)LNG i1RllItiANCE: �`:i ";:! ORDTNANCI? 6871 BY kNENDING SECTIO, 32 OF ARTICLE IC, G1:NERAT i'1;i�� TSI(`•:;5, TO PFR:11T BROADCASTING I'O',ti'ERS TO BE LOCATi:D I:; :,`;Y ZONTNi DISTRTCT. Mayor Ferre: We are now on the re ular formal City Conunission session Planning and Zoning Agenda on Item 1. Is there anybody here who is an objector to Item 1? Is there anybody here as an objector? This is amending ordinance... Mr. Plummer: Mr. Mayor, I have got some questions. Mayor Ferre: On that item? I.,. Plummer: Yes, sir. Mayor Ferre: Alright, we are on the... It's the general provision to permit broadcast towers to be located in any zoning district is Item 1. Mr. Plummer: Is the applicant here? Mayor Ferre: This is the second reading of an ordinance. Mr. Plummer: Yes, sir I understand. Mayor Ferre: Go ahead. Mr. Perez: You may remember that this came up at the last Commission Meeting when we had three Commissioners... two Commissioners were absent at the time and first and second reading at one day need at least four Commissioner present. So we had to go back and redo it and have the second reading this way. Mr. Plummer: Yes, sir. That's fine. Is the applicant here? Mr. Per.-z: Wait a minute, the: applicant here. It's a department. Mr. Whipple is here represent inh, t;.< <irpartment. Mr. Plummer: WL'll, ok, that's really not the applicant I waz looking for, but Mr. Whipple has the department t110YOughly investigated... I have received phone calls of concern and I'm expressing, those concern for those people who could not Le here. The concern is has it been thoruugly .explored and dl:;counted that the erection of this four hundred fifty-nine foot tower, that it in no way will interfere with t.v.s in the neighborhood. It is my understanding that the towers that exist in the North end of town have in fact cause some interference with peoples reception in an around those areas. Now, that matter was not discussed here at the last Commission Meeting and I think in behalf of those people who have called me, I must raise those questions and have a resolve of that matter and I think all Commissioners here would want that matter resolved before we !s JUN 61980 0 t pass such an ordinance as you will recall this will allow these towers even into an R-1 Section. So if you have not looked into the matter and discounted that, then I think it is appropriate that this matter should be in fact deferred until that matter is resolved. Mr. Whipple: Com;7Ai-sioner Plummer, could I give you a non technical opinion from the information that I have obtained? Mr. Plummer: Alright, sir. Mr. Whipple: And I can't speak in authority on it. Mr. Plummer: Alright, sir. Mr. Whipple: The interference that you are speaking of as I understand it will not occur and I porsonaliy would question the interference coming from the towers as opposed to structures around the comm,.inity causing interference. I learned one of our question:, to the people who waned to erect th—� particular tower. What is to prevent a proliferation of towers arnun;l 11i !:-cati•ne Bay and under your F.C.C. , your Fed,.•r1' ,-oi..,suni(1.'3— on j)C. "-'r] _ not wlv 11-,, t ;i,.rk- rule•. lrti rt', ,llrltions regarding, that, but tlht re techniCa; a:;, . )k! tl-. wllicl. WC"L11G lt'rilllbii. 0-IL .oc'Ition of another tOW*'r wit'llln Lwn miles , f this one and in ailditjiit, to t11:1t there is only three radio stations in Dade Cou"Ly that U'Fe this, pal'tictilar Lower a type of frequency in towt�r, if you will and they are not at o:ids and do riot conflict with one another and all. I can sugio5t is that in niv opinion I don't think there is going; to Ue my prof- Ic•m alone; chose lines or the: r.C.C. permit would oe a clatter of cons iderati,_r!. Mr. Plummer: Mr. hrlipplc, the... under present conditions I agree. The question really was ra:isc•d be,list it is now ;lone th,it A.M. rri�'io 1i'r*,c rlt'VeY 11; the past is going to be }','J127' to stcrt.-o, its not: 1-,ocn approved b': thiF.C.C. and the concern has been raised or iti th:it in f..ct going to create a now Stories of 1pplications for addi t ionF,l Lcwci : nk'cauSC stet co -,f i atlr5!', Is two channels iii� tend of One?. All I want on the roCOrd YC'IP. you or iron tipi.lcCril else. that the matter has been addressed, it has been resolvea and that it is of no concern to these people who have raised concern, th,�t's all T'm asL 7rnq,. M -. 'v,7nipple: Co iri s5ionor, ir,y suggestion was going to be that this amendment to tL cunin€ rti: 11I1Ct requirc-3 iinproval. of each application to do this. It's under the general pruvi,;ion. I woii].d suggest that the amcndment might not be a problem and we can surely have this type of answer ready for you upon any application. _ Mr. Plurxner: Dick I have no opposition. I understand. i vote favorably for the tower before. I'm just merely... 1 want to lav to rest those concerns expressed in my office. Alright. W`h:t you are saying is vote favorably on it now since it is on an individual basis and we can address that and have an answer back before the next one comes up. Mr. Whipple: Yes, sir. Mr. Plummer: Fine. Mayor Terre: Do you want to move it again? Mr. Plummer: Yes, sir. Mayor Ferre: Plummer moves and it's seconded by Gibson, further discussion on Item 1, read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE TECOXM�NDING APPROVAL OF AN AMENDMENT TO THE. COMPREHENSIVE ZONING ORDINANCE NO. 6871, BY DELETING SECTION 32, ARTICLE IV IN ITS ENTIRETY AND IN LIEU THEREOF SI.BSTITL'TE A NEW SECTION 32, TO READ AS FOLLOWS: "PUBLIC UTILITIES" STRUCTURES OR USES REQUIRED FOR SUCH PUBLIC U117.1TIES (PRIVATELY OWNED AND OPERATED) AS GAS , EI.F.C';'RI C , ELEFHONE, ANT CONL*tUNICA7-!ON BROADCASTTNG TOWTRS WHE:,' LOCATED ON PUBLICALLY OWNED LPND AND LOCATED AT LEAST 2500 FEET FROM A , RESIDENT iAi. DEVELOPMENT, CAN BE LOCATED WITHIN ANY DISTRICT, W11FRE -.OT SPECIFICALL.' PRESCRIBED AND LISTED, UPON RECOMMNTDATION OF THE PLAti'NING J U N 6 t980 4 r ADVISORY BOARD AND APPROVAL OF THE CITY COM IISSION MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART 017 SAID ORDIN,I`vCE NO. 6871 BY REFERENCE AND DESCR141'710, IN ARTICLE ITI, S}:CTION 2, THEREOF: BY RF.FF,AL N'�C. All, ORD1 NAN'C ES , CoDE SECTIONS OR PARTS 1111:RI;0F IN CONFiACT AND CON1AINING A SEVE'RABILI'IY PFOViclION. Passed on its first residing by title at the r,.euting of May 22, 1980, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plu,�.mer, se.inde(I by Commissioner Gibson, the ordinance was thereupon given its s,:conc and final reading by title and passed and adopted by the following; vote - AYES: Cotnmissionrr Rose Gordon Commissioner Arr,.indo Lacasa Commissioner (Rev.) "h!,odore Gibson Vice -Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. THE ORDINANCE WAS DFSIGNATLD ORDINANCE N.O. 91.13. 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. 27. APPLICAT IO : BY DAI-j" C�;i', •Y h ','�:(�:"•.TI(:�:�: .�'�::1 ��; SCi�i: �iF ,1i.LF:1' LOCATED BET1,41FE. S.W. 17'I'}1 A`;Ii S . i; . i i i }: :'�% ii I:; IN CONJI :.t'1'ION WITH T. P. :1PDITD)N" Mayor. Ferre: Take up Item 2, aI:piicatior by Dade County Hi'D for t"ric vacation _id closure of an alley. The Planninp Department rucoimnended approval, Plat Co:amittee. The Zoning Board recommended seven to zc ro. Two replies in favor by mail. Are there any opponents here? Alright, is there a motion? Rev. Gibson: Move. Mr. Lacasa: Second. Mayor Ferre: Moved by Gibson, seconded by Lacasa, further discussion? Mr. Plummer: This is HUD right? Rev. Gibson: Yes. Mr. Plummer: Ok. Mayor Ferre: Alright, call the roll on 2 please. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RF,SOIXTION NO. 80-419 A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCONTINUING THE PUBLIC USE OF THE ALLEY LOCATED BE71VELN, THE WESTRIGHT-OF WAY LINE OF SOLTHWF.ST 17TH COURT AND THE EAST RIGHT-OF-WAY LINE OF SOUTHWEST 1.7TH AVENUE; IN CONJUNCTION WITH TENTATIVE PLAT NO. 1051 - A - "LITTLE HAVANA 1ST ADDITION". (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). J U N 61980 0 # Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice -Mayor Armando Lacasa Mayor '.daurice A. Ferre NOES: None. Mayor Ferre: Alriellit, now we art' on Ttl'iii 3, Carbonell, `ae7ltinv,, anci closure of S.W. 3Rd Street fast of SOti Avenut- in ronaction wits T. P. '-1067 "Natalia". The Commission deferred. 7h,2 Planning iJe,,i.rtm,_'iic recor.,ntn"ed approval. The Zonint, Board recoinmtrndt.•d ,approval. One c'„•jtc.tor iy mriil. Three replies in favor by mail. Are thv r.e any objectors? Are there any objectors? Mr. Plummer: Who is the applicant? Mayor Ferre: There he is. Alright,... Mr. Miguel Carbonell: My name is Miguel Carbonell... Mayor Ferre: Alright, Mr. Carbonell wait a moment. There is no objectors now present. Does anybody have any problems with this? Is there a motion? Mr. Plummer: Well, Mr. Mayor, this is the closure of a street? Mayor Ferre: Yes. Mr. Plummer: Sir, do you own both sides of the street? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Plummer: Both of you? (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Plummer: Show the on the map the closure. (BACKGROUND COITC-NT OFF THE PUBLIC RECORD) Mr. Plummer: Ok, now. Mr. Whipple: Both property owners are here from each side will be split. Mr. Plummer: Ok. Mr. Carbonell you are going to be assimilating property sir. What are you offering the City in return? Mr. Carbonell: Well, we have to make the sidewalk, we have to make the landscaping. Mr. Plummer: No, sir, I'm talking about dollars. Mr. Whipple: May I respond COITlmissioner? Mr. Plummer: Yes, sir please do. Mr. Whipple: Pursuant to your request at the last meeting, as far as the basics of the plat are concerned the applicants, the two property owners will have to provide four hundred dollars worth of landscaping and that's primarily with respect to trees in the public right-of-way. They will have to provide some 79 J U N 61980 r pavement for the driveways. They will replace a sidewalk that is broken or out of sorts and they will have to remove the e}:fisting sidewalk to the total of sixteen hundred dollars worth of improvements and addition to that. I took the liberty of looking at the assc,s rents of the two hrnnt.rti.es arriving at an average value and this will put on the tax roll proPert.; that would be assessed at approximately seven thousand five hundred forty some odd dollars that will go back on the tax rolls that isn't on the tax rolls at the present time. Mr. Plummer: Well, what contribution are they making to the City? They are getting City property. Mr. Whipple: It's my understanding Connissioner Pluruner that it is not appropriate and questionable as far as legality as to any financial reimbursement to the City and perhaps the Law Department would like to comment on that. Mr. Plummer: Well, Mr. Whipple, you understand that they were going to volunteer a price. Mr. Whipple: May I suggest to you, confer with the Law Department on that. Mr. Plummer: I don't have to. I know the answer. I wonder if the gentleman, the applicant knows the answer. What is the square footage that they are going to be acquiring? Seventy-eight by what? Mr. Whipple: Fifty. Mr. Plummer: Seventy-eight by fifty. Mr. Whipple: Twenty-nine hundred sixty-seven square feet. Mr. Plummer: Let's call it fifteen hundred square feet each they are getting. Mr. Whipple: Yes, sir. Mr. Plummer: Alright. Now, that's owned by the taxpayers of this City. Now, the taxpayers surely should be reimbursed for property that they are no longer going to own. It would seem proper to me. I'm just following the Mayor's reasoning of what he set his pr,�cedent before. Mayor Ferre: No, I think that we have time and time again vacated to close alleys in the City. Have we done this before? Mr. Plummer: Yes. Mayor Ferre: Where? Mr. Plummer: The last one we had. Mr. Whipple: Mr. Plummer, if I may suggest, I am not arguing with what you are suggesting, but I would suggest that the Commission go on record let's say, as a policy so the Aeministration knows how to deal with this. Now, we know that we have been Feting through years of vacating right-of-way without this question, without arty fees or without any return to the City because it was the opinion that during; this time that this was stindard procedure. If the Commission wishes this procedure to change, I suggest that ynu request that a policy be established and give the Aaministration an opportunity to provide this to vou. Mr. Plummer: fir, t%I ipple, let me remind you of the Yayor's statement and even though that's n,t comp'ltrtrly above hoard, tht Mayor's statement as 1 recall was he}' aru 1',f,tt 1thing, what art' we �,cttinh?" a11ti ttlit'E, t11c Grit}' yUtrStiOn. Thi-N. will h,• i.1-di; 1 :i,, t11k, V;tluc of thc11, Cre 11t real c.,,t;"ltt, C)y apt roximately f i t t,-on }lundred sgii .ro, fo'vt per owner. That holoni7, to the people of the City of Miami wino will i1c) lon;;cr have that property. You ktw. . fifty by seventy-eight City of Mi<uni pai(1 1I You will recall soint- thirty thousand down 1),rtfor a piece that big just to rlakt- a mini park. And if nottlin,; riore so:;e ",'- Wt• Might cant to guild a mini -park there, I don't know. I'm :saying that as far :.s i':t, concerned, I don't think it is unrt�a5or,,bic 1-hey are enl,,r.<. ir,,r their va:.uc ana I think that the City ha:, the right to expect sonctl:int, in return. 01a, if they bought the property they would have to put sidewalks, thin; would have to do tl-lis other thing, not the landscaping, four hundred dollars worth. Hey, I'm just following through on a train of thought. You know, here we are talking about a relatively small piece of property. You remember what it... really this kind of situation got us with Allen Morris? We got a mini T.ark fully 11S aitIgo 9 4. the Allen Morris Company for the people in that general .locale by letting him gn tip one additional floor. I don't think it's unreasonable. I don't think It's unreasonable. What is the zoning there Mr. Whipple? Mr. Whipple: R-1, sir. Mr. Plummer: R-).? Mr. Whipple: Yes, sir. Mr. Plummer: Would this by the additional square footage allow them to come in at a PUD? Mr. Whipple: No, sir, if you will note on the map one of the peculiarities of this particular request is that the depth of the site is fifty-nine feet. Ok, so the sites are approximately fifty-nine feet by eighty on one and fifty-nine feet by seventy on the other which is thirty-five hundred so it... they won't even... still won't meet the minimum standard on one of them per six thousand square feet. Mr. Plummer: Hey, Ar. Whipple, I realize this is not the magnitude of some of the others we had before us, but if you are going to apply standards and in principle, I think we have apply them evenly all the way through. Mayor Ferre: Ok, J. L. Mr. Plummer: Not, ok J. L. I was following your line of thought. Mayor Ferre: Well, fine. What's your move then? Mr. Plummer: Well, I assume, you know,... Mayor Ferre: Well, then make your motion. Mr. Plummer: Well, my motion Mr. Mayor, at this time is that we defer this Item to give the applicant more time to reconsider the matter. Mayor Ferre: There is a motion for deferral on Item 3, is there a second? lAr. Carollo: Second. Mayor Ferre: Further discussion, call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption. MOTION NO. 80-420 A MOTION TO DEFER CONSIDERATION OF VACATION AND CLOSURE OF S.W. 3RD STREET EAST OF S.W. 50th Al,ENUE IN Ct)NNECTION WITH T. P. #1067- "NATALIA" IN 0PDER TO GIVE: THE APP].ICANT IN THIS MATTER AN OPPORTUNITY TO CONSIDER COMPENSATION TO THE CITY FOR THIS CLOSURE. 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.) Theodore R. Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. 131 J U N 61980 r rw Mayor Ferre: Now, I will recognize Mr. Plummer for the making of a motion on the matter of policy instructing the Administration how to proceed in this in further case dealing with closures of alleys where property owners are benefited. Mr. Plummer: That's my motion. Mayor Ferre: And? Mr. Plummer: That's my motion. That if the people are enhancing the value of their holdings directly from the City of Miami taxpayers ownership, that they voluntarily offer something to the City in return. Mayor Ferre: Of equal value. Mr. Plummer: I'm not saying money. Mayor Ferre: Of equal value. Mr. Plummer: That's all I'm asking. Mayor Ferre: Alright, is there a second to that motion? Mr. Carollo: Second. Mayor Ferre: Seconded, further discussion? Now, you want to say something sir? Mr. Carbonell: Yes, I would like to say something. We are ready to pay sixteen hundred dollars, if the City make the sidewalk and... Mr. Plummer: Sir, that sixteen hundred that you are offering, unfortunately, sir is enhancements to property that you will become absolutely free, the owner of. That's improvement sir. Mr. Carbonell: We have been taking care of that yard for many times and every month we cut the yard. I have no yard, my house is so small. Mayor Ferre: Mr. Carbonell, your issue which is Item 3 has been deferred for one more meeting. What we are voting on now is the... Mr. Plummer: Matter of principle. Mayor Ferre: ... issue on principle. Alright, call the roll on that. The following motion was introduced by Commissioner Plummer, who moved its adoption. MOTION NO. 80-421 A MOTION DECLARING THE POLICY OF THE CITY COMMISSION THAT IN THE FUTURE ANY PEIRSON REQUESTING VACATION AND CLOSURE OF ALI.hYS OR STREETS OWNED BY THE CITY TAXPAYERS, SHALL BE REQUIRED TO OFFER VOLUNTARILY .:O.-:ETHING OF EQUAL VALUE TO COMPENSATE THE TAXPAYERS FOR THEIR LOSS BY VIRTUE OF THE AFORESAID CLOSURE 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.) Theodore R. Gibson Vice -Mayor Armando Lacasa Mayor Maurice A. Ferre NOES: None. Q13 J U N 61980 .rr 9 4 30. PD (-:�CC?l lSi' 10.1 Or IiC;LDI:;G Sll:•:AI. AP' ':Ai::� \C �l i i!.^�l..l. L' }�{ti ;1: ADJOINING AFIRIC'.AN S0"CA;:i: Mayor Ferre: Alright, now 14s. Range is here and ?15. R,in�,(: tl,,e C}hair will, even though this i-s not a Scheduled item, but I promise you t}iat I would take it up at 7, SO ','ou ComC on up and tell us exactly what we need to do. Mr. Fosmoen, you and Mr. Cary yesterday morning, I think iiiet with Mr. Dycr and Ms. Range. Are we rea.:y now with the resolutions that are necessary. Mr. Fosmoen: No, sir, I have discusse(i this with the "tanager. We do not have appraisals on the property as of this point. Mayor Ferre: Well, I realize that. Mr. Plummer: Excuse me, may I ask what we are speaking about? Mayor Ferre: Yes, I will.... we wil'.- e::llai"n that in a moment, but we had a meeting yesterday with MLi. Range- were you present at the meeting? Alright.--- and we agreed that she would come here at 7 nrid at that time I said you have twenty-eight hours or whatever it w,:.s and you will be ready by tomorrow. Ms. Range why don't you explain to us what this is all .About. Ms. Ath:ilie Rant-_,t_: Alright, I wk-)ui•.i be glad to. "ir. *:ayor and Honorable COmi^.iSS Loners, for the record m}' 1i�ir,lCi 1S ALhalie Range, I reside at 5727 Northwest 17tt1 Avenue hert- in t}it C-It}• of Idi:iTi. have core tints evening for the purpose Of att.u:.pCirig CO CI1c:cillrF.}_e you, tI1C L(Ii:i;T,,;SsiOil CO l.sten for just 3 LIOiII,.'llt to my plea. We have. curie in ,he interest of the building adjoining the African Square Park and I will nt'eii t(, r(: resn yo'iir meriory oi': somt, the circums; ances surri und"irlf; the fYiCi1:1 tidut:re Park and t','IL' particular building in OTdPr Lt) l'l'in ;: ".i ii1tC C1"i'_ l".li`\ il'(;':" JL w'.iy G'i' :"iTC' hc'rC. I Cni:iK it has been sal^1 aAd VC17'. iUt,t Ill}' S(' L'I;r7C �.. ,i ,.:1 J'_ll'.r,2 Pi TI'. �Oi)tt}iIted at all. tl-mC5. A Tl^'1"t--i)COf:L 11">;:,il! .-:tt:lt: F).�.TIC: JrrurL C.1)Or.'r.iunity I .'''clopment Corpor'.Lion (it,'ns L2 J)llil<}i.11t, lll.�t west o: rt?"YiC'ail JCitlftTtt 2aTK C1:3t C.:.l_a1.aS C::e1V(' th.allF;.1111 011e hUn(11.0d t'iE,1lLy feet.... T'm s.,rr,. } _,e Ci1011S3nU one hun(?rtd eiP1lt%'--Cw0 feet. 'i"lii. ,l':ldir.�; has h,r�n ', i, ci..ft'i'ent :,r:all organiz.atlun,,, but t)UCaUS(' Airican Sc1Llare Park is pot')lllar�_G an(i we do need the ` raCi 1:CCa1]Sc' It's the .,nl p::TiC in Lhc r;r,a Tl 'i:t nJ;d. ;t .,1 the 621ld Street C.D.C. have comb, L;, a;; Ale (.iLy COI'.:1`Ii;;S C,n li you l,'uuld �)nS1GcT purchasing the building a('. of r ; nr the African Sc o,-Ire Pa: k. Tit Lii:::ann r African Sc uare Park Gill he ext�n� d. Th:• ac tivit.ic•., ttl,.'re Call P,. .'?:!, n'ie i "', rC' is another purpose Ior _11is rc,son. A., wt' a,.l knew 7i.ly tou ,:e_il tn1 t. tht'. Liberty City area is oIi(' of L .0 Bost dCi)r(' sttd areas in loade COUTAt ' 11`16 LhiS did not just happen with t}i,:: civi disturt,ances �:;u 1 ,'e'K;, . ,o. It. ....= :.L c . cle} ressed for qul.te a Ion;; w`lile in there. There h. Very, %.,-ry dt_velopment In th- area. W( of the 62nd �trcc•t DeVCit-:,,munt l,oI, or-Liui, nGVcfelt that it the City would consider buying, th'.: hui',dinr; which colll(' be v,_•ry ust-fu.l to you... We are not just ask, n,; you to purcha-,L, it tc• L iku It :)i' our viands 1,vcause it can be very useful ill tilt' ,.xlension of th,' AfT'"iCarl (4,1l.iro Park. Bit w,• :ill turn Nuw, I .lust heard t},e remarf:;' w}'iat L(Yt_ ` .),,. �,1\�lil!', 1)�,Ck to L'ie tit\,", it, will not be. giving anvthin,', brick L('' t,i, laity, l)ut it will -ertainLy De a S(_'11-:it'lp program IF till` peopl 2 in tl,e :-.ri i,, whit 1 .. .:11l. it, v,ir,,•, vrr`. L,rt_•,:t l)' there is a bu :ldi n`; presrlit 1`.', an (.•� tab 1 i 5:1. ".rill , tii i : s i ,,•: ries Of St ores (,11 tne. Cc'rner Of NOrthw(':iL 7 to A%t:;iilie• and Qnd " r ,' L, t L;lt wi :.<l 1l1Vtr3 C :i:. in 0. ti. i)rlil0,i,)11,1C CIC'.l,:l.Oaiiy li,CSe . taros are partially Yelitt u dt t1,ir: t'r.d I t lI(,y c,,)nt 1 ;1U, C, i' ,..t`:i 1(:aS 1 n i, anJ rC ni-:l1 1S goinh on conCilitially. N!,,it will 1),, Carri(d on ir, ti!t'se areas hill be hopefully gc.,n ^ (,f our :111' 'ht,r t •_ ll<till ti. Will :n'J1- } t' l iki' tll,: } 1 "T� :�,1 '�C'. .+r aniight Coaq)any, possil):v t11v ny al('il', wit`i merchinL.; w.,C S li :one into th,. area that wll- ..ring' abou: e�:p.i-vr ,it, Lllat W :pitV ,.ii Ot the tnln"S that we actually nt•t-d frl thV iirt-a CUd�.� itIG it will. i,t• ont of the VC:Y !irst e: forts tow.ird rt'StOr in}', ."i }i'l:rt „'(} ::C ";1, a: ^,r"a that h"S } "Un dc,)r(tSsec for over twvnty"t"ivt, Vt..ir5 and so �.'.� ,,.iV,' ,:i,?:1tt 'o .":`K 1-cur ! )nitiidtr'.t1.Cn in purchasing, the Luilding t1int is now owned b%' the IJ!?; -rty Cii:y D,'veloi—iment :.orporation and just relTI Irlber that we in turn, will put that money ri�,ht back to work in the communit',: by ,,urch-;sine, a lamer !.-P icu. A space: rontaii:ine come fourteen stores of different sizes to open busillrsses :iur._, to hu�C ,`ritrt)r,'a�urs, t� ,lave UuSiCiCss offices there and in so doing to er.,t,loy peopir inarea to ' i.lp the economic 83 J U N 61980 r r development that is needed there. That's... I would be glad to answer any questions. Mayor Ferre: Alright, now, let me see if I understand this right. This is a piece of property with a building on it immediately adjacent to Martin Luther King Park... I'm sorry. I beg your pardon. African Sgo,are Perk on Martin Luther King Boulevard. Alright, n()w what this �rF,;,i izc;ti t. ,icl; is a non-profit operation whichs to do is to sell us that property which v have talkeol about in the past. of buying, and when we buy the property that us t}lo ability to use that for our park purp)ses, including a E)arkir,�; iOt ui, .ch we i,Ay want to consider also getting, ritr,'�t behind it. And if we do tn:.-,t I think wt., will have a pretty complete: park area. Now, they in turn would t.,ke thL' monies they receive and use that to buy a piece of property on 62nd Street and 7th Avenue. Ms. Range; And 7th Avenue, that is correct. Mayor Ferre: On the corner which has been built and I have seen it because it's really one of the best buildings in that area. Ms. Range: Completely 'improved, that's right. Mavor Ferre: And that in turn will give the Liberty City Development Corporation the ability to have a profitable operation which will produce income. Ms. Range: Right. Mayor Ferre: So that you in turn can do other things. Ms. Range: Right, that is correct. Mayor Ferre: Now, since that serves our purposes and it serves your purposes I'm totally supportive of it. And when we met and you told me this and we discussed it yesterday, I said let's go talk to Mr. Fosmoen and let's go talk to Mr. Gary and we met and I asked them to prepared themselves so that this could be properly brought to this Commission today and the reason is that you have some urgency in getting on with this and you couldn't wait until the 26th. Ms. Range: That is correct. The urgency is there and we would certainly hope for ,n answer of at least to have you knowledgeable of it immediately so that it can be brought as far forward as possible. Mayor Ferre: Alright. Mr. Lacasa: Do we need to take any action as far as the Commission is concerned now on this? Mayor Ferre: Yes, but it all depends on what Mr. Fosmoen is going to tell us, because you were going to prepare for today what? I forgot what it was. Mr. Fosmoen: I think the appropriate procedure for the Commission if you are interested in buying the property would be to pass a motion of intent to purchase the property. That would permit us and it's already in process to obtain appraisals And proceed to negotiate a price. 1 don't think that It would be appropriate to set a price at this time, but rather we should obtain independent appraisals of the value of the property. If we have a motion of intent from this Commission that will permit us to go ahead and do it. Mayor Ferre: Are there any questions now? ;:r. Plummer: Yes, there has got to be a question Mr. Mayor, you know,... Mayor Ferre: Go ahead. Mr. Plummer: ... I agree, ok, we don't come on to the public record at this time with the price, but Mr. Fosmoen, let's see if we can talk in circles. Mr. Fosmoen, assuming that you know the piece of property in question, assuming that you know a ball park figure... Mayor Ferre: No, no, J. L. can I interrupt you because I'm afraid I don't want to get into... you and me and us into trouble. Why don't you ask Ms. Range what she thinks it's worth approximately. f Mr. Plummer: No, I don't even want to speak a figure un the record Mr. Mayor. Mayor Ferre: Well, it's her opinion, ok. Why don't you ask her opinion and that way it doesn't bind the City in anyway. Mr. Plummer: I ask the question then without a price. Mr. Fosmoen, assuming that it is affirmative, where would the City fret the money to pay? ■ Mr. Fosmoen: There are two possible services Commissioner. One would be through t}le reallocation of Cov,munity Development funds that are already available in t1it, nei;;} h: rhood. Tin second possible source is through parks for people fun ling, because there ar some unspent monies in the parks for people bond issue in the 'Model Cities areas. Mr. Plummer: So know] nt, what vcu snow about the tonal picture you would say that it is within tr.c realm of the City's ability r,) taKe over? Mr. Fos -_)en: Yes. 3ut that doesn't answer the question of course, of continued maintenance of the building :f we We:c, to buy it. Mr. Plummer: No. -hat's the next question Mr... you know. Assuming that we do, has the City set within it's rim, you know, the... you buy a building, that's fine and the Mayor is already talking about raking a parking lot. That means we got to tear it down. Mayor Ferre: No, no, no, the parking lot is connected to it. Ms. Range: No, no. Mr. Plummer: Well, I'm sure from what I understand, we are not going to keep the building, are we? Mayor Ferre: Oh, no the building is a perfect building. Ms. Range: Mayor, may I tell him? Mayor Ferre: Go ahead Ms. Range. Ms. Ranger: The building is a Perfectly usable building. It is in use now and what can actually happen there. There would be no tearing down of the building. :ild ng is rcnt:ed new and bringing in an income so that the City could expand it's activities for African... Mr. Plummer: Of the Park. Ms. Range: Cr African Square Park. You have a parking space now that was purchased with thc,lloi:d issues of the bay to the ghetto bond issues or parks for people issue:; whichever the ones, that handles about thirty cars now On the west side tl:e building there is a vacant property that people nave squatters rights on no;: ; imagine. They sit there and sell their vegetables and park their cars. So the, only thin; you would nerd to do tc make that a parking lot is to level it and ptit the asphalt on �t, nark it any you would have a parking lot. There is no expenditures for demolition whatsoever. Mr. Plumricr: Ms. Range, the present building, is it generating sufficient revenue so that it would not be a financial drain to the City for it's future operation as part of the park? Ms. Range: Very definitely. It would not be a burden to the City. It is generating sufficient revenue. M-. Plummer: The final question... Mr. Grassie: You need to understand that's just an expansion. Mr. Plummer: No, not me. Mr. Crassie, you need to understand it. Mr. Fosmoen: Just an expansion on that point, you asked whether there is revenue... ti;ere is a revenue stream into the building. we are currently contracting for Ms. Range's group to provide some recreation services in that building; and the City is currently renting the building to the tune of approximately six thousand dollars per year. So it... we are the ones who are generating the cash flow into the building. .55 61ssn op' Mr. Fosmoen: No, sir, from the purchase of the property. Mayor Ferre: ... she is talking about the money that they would be getting Irom the sale of this property would be reinvested in the property that she is talking about in the conununity. Mr. Plummer: Alright, then I think a logical question is, what has been ..ontemplated if it's going to be somewhat of an even land swap. That means there will be no mortgage on the new place, then we have to know I think... Mayor Ferre: The new place is larger. Mr. Plummer: I understand, but she said it was almost in the ball park of being an even swap. Ns. Range: What I have reference to Commissioner Plummer is... I thought about the even swap after we had talked about that. What I have reference to is, that the monies received from the purchase or from the sale of the present building would all go into thee new building. Nevertheless, I don't think we could call it an even swap because it's... we are not just swapping something from the City. I don't quite following the term swap. Mr. Plununer: Well, what you are indicating now then, is I think that there would be a mortgage. Mayor Ferre: Yes, the property is larger. Ms. Range: Oh, yes. As far as the new building is concerned? Mr. Plummer: Yes. Ms. Range: Oh, yes there would be a mortgage, that's why we must be very... Mr. Plummer: My concern Ms. Range, once the mortgage is either paid or agreed upon, I think this Commission must know what is the additional surplus money going to be used for? Mayor Ferre: There is no surplus J. L., the property is worth more than whatever it is that they are going to get from us. Mr. Plummer: Mr. Mayor, if they are having fourteen stores, that is going to generate a certain amount of revenue. Mayor Ferre: And that goes into the non-profit corporation. Mr. Plummer: Alright and what are those profits going to be used for, that's all I'm asking? Ms. Range: For community preferences all the way Commissioner Plummer and in view of the fact that the property we are hoping to purchase is thirty-two thousand square feet... more than thirty-two thousand square feet, we could hardly hope to purchase without a mortgage. Mr. Plummer: Well, ok, I was just asking. You know, I didn't know how big fourteen... but here again, what you are saying is that those when and if and when that building starts to produce a surplus, that those monies will be used for community revitalization? Ms. Range: Very definitely. That is what our Charter says and that's what we are trying to do. You snow we realize that government has nothing to do with economic development. At least that's the w..y it appears to us right now. Mr. Plummer: We have been accused of that. Ms. Range: No, well... well, it's... but anyway so little economic development has been carried on in that area, that we are putting forth the effort to begin some economic development to attempt to become as independent as possible. Mayor Ferre: Alright, there is a motion on the floor and there is a second, is there further discussion, if not, call the roll please. J U N 61980 9 f Mr. Plummer: I think that's called robbing Peter to pay Paul. Mr. Fosmoen: The other side of that coin Commissioner, the other side of that coin is that African Square Park is one of the few parks of the City that has, that does not have an indoor space attached to it, you know, where the City runs its indoor recreation programs. Mr. Plummer: Ok, continuing one further step Ms. Range and that is addressing that location you are speaking of at 7th Avenue and 62nd Street. Would you tell mQ which corner is that on? Ms. Range: That is on the Southwest corner of Northwest 62nd Street. Mr. Plummer: That used to be a furniture store at one time. Ms. Range: A Portion of it used to be a furniture store, but there are approximately fourteen stores of buildings. Mr. Plummer: Has there been any preliminary negotiations or anything? The concern that 1 have knowing that we don't know the figure, that we do know. Do you feel that it is within the rim of possibility that you can acquire that for the figure we don't know, but we do know if we were to purchase the old place? Ms. Range: Yes. Yes,... Mr. Plummer: It's within that same... Ms. Range: .,fiat's right we have gone into this very carefully. We have every reason to believe that in addition to our capabilities with the proceeds from the sale of our present buildicif;, we have every reason to believe because we have look(.(., into the ,i,att,r.. lice will have anc'.ior tu7i'inrs is there. W, iw spoken with two of the .1unior. :ollec;es ;n the ci.ea. lye have sPukun .pith F.I.L. as well as Dadt_ ;\,art.-,. iiwy have both expressed a very, very keen desire to come into the eotmnuiiity n.i of course, i :: these ors;anizLit ions come into the community they would be our anchor tenants along with other who we have spoken to that we nerd not rciteraty hL re. But we have every reason to believe that the building will be profitable to us. A_• Plummer: So in reality what the City is looking at is more or less a land swap. Ms. Range: Almost, yes. Mayor Ferre: Well, what I would like to do is pass a motion of intent. Mr. Lacasa: I would like to move that motion Mr. Mayor. Mayor. Ferre: Alright, is there a second? Mr. Plummer: Second. Mayor Ferre: Alright, the motion is that the Administration be instructed to ,get the proper appraisals and proceed with the negotiations for the purchase of that property and return back to the Commission with a final recommendation. Mr. Fosmoen: With... perhaps with the understanding that whatever we purchase the property for less any outstanding mortgages is reinvested in that community for economic development purposes. %ayor Ferre: 7hat's ac:cuptable, they understand that. Ms. Range: It is very, very definite that it would rake, I can easily imagine, every penny that we wtll get from the City, of course, we are very fortunate not have a heavy mortgage on it. We have a very small mortgage on it that we can Dandle well. Mayor Ferre: Well, therefore Ms. Range, you have objections to that stipulation? Mr. Plummer: Well, let me make a clarification, because I think that's a little loose Dick. Are you speaking about the revenue generated from the fourteen new stores? Mayor Ferre: No, no....►'1 C i�a1 r The following motion was introduced by Commissioner Lacasa, who moved its adoption. MOTION NO. 80-422 A MOTION OF INTENT TO PURCHASE A PARCEL OF PROPERTY ADJACENT TO AFRICAN SQUARE PARK AND INSTRUCTING THE CITY MANAGER TO OBTAIN APPRAISAI.S OF TliE VAIXE OF THE PROPERTY AND RETURN TO THE CITY COM!MTSSIO;, WITH HIS RF.001"INI:NDATION; FURTHER STIPULATING THAT IF TIiE: PROPER"!"' IS PURCHASED, ANY EXCESS PROFIT DERIVED FROM ITS OPERATION WOULD BE RE -INVESTED IN COMMUNITY REVITALIZATION. 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. 31. APPEAL OF DENIAL OF VARIANCE UNITED I:AY OF DADE COUNTY REAR YARDS OF OFFICE BUILDING- 955 S.W. 2ND AVENUE. Mayor Ferre: We are now on Iter:i the United Way of Dads: County. The /_„i—ng Board voted for... the Planning Department recorimcnded denial and the Zoning Board voted six to zero to deny and there two objectors by mail. Are there any objectors here today? You are an objector, sir. Alright, are there any other objectors? Alright, would the department make the initial presentation and give us your reason for your recommendation. Mr. Whipple: Mr. Mayor and members of the Commission, the original proposal before the Zoning Board was a request for... and setback variances mainly for a waiver of a twenty foot setback where forty foot was required and on two counts. Since that time... and the applicants will provide the more detailed information tonight. The... They have provided... redesigned the building and provided a greater setback than what was oribinall.y provided. They are providing thirty feet, forty feet required and requesting a ten foot deviation, but in addition to that they have provided significant landscape buffers on those two sides by which to provide an actually barrel or an actual landscape buffer between their operation and the neighbors. The department is of the opinion that this is a big and good step with respect to the redesign of the building. We believe faced with the facts that the applicants are faced, that there is in fact a hardship existing, with respect to the existing building on the site and therefore, we would recommend that the Commission go along with the modified application that's going to be presented to you this evening. Mayor Ferre: Alright, do you want to give u:: your objection? Mr. Juluis Winkler: My name is Juluis Winkler and I live in 107 Southwest loth Street... Mayor Ferre: Are you a neighbor Mr. Winkler? Mr. Winkler: Yes, sir my property is lot #60 which adjoins that. Mayor Ferre: Alright, sir, go a had. Mr. Winkler: No matter which way they... V� I'm for improvement and everything, but J U N 61980 f V this will cut my sunshine and my light. Mayor Ferre: Alright, your objection is that the sixty-five story building... Mr. Plummer: What? Mayor Ferre: Sixty... building height, sixty-two point five feet. (BACKGROUND COKHENTS OFF TiiE PUBLIC RECORD) Mayor Ferre: Did I say story. I apologize. The sixty-two foot height. The sixty-two feet high building. What is it five stories? Mr. Winkler: Yes, sir. Mayor Ferre: Is sufficient to... since it is on the western boundary of this gentleman's property in the afternoon, I would say about '" o'clock in the afternoon during most of the year or 3, he. wt:+tild have a shadow on his habit' and I guess what he is sayin',, i>; t1,at he does not look forward to the idea of living in the shadow of this building seven nays. If there was _)mc way we could only have them for five da]!; and he could have- tii Ti' ,,kill for the k'i't'k("hi, it wOl: a bt' accQpt3ble, but since the buildin,, is there ;evu;i t.�tys a w('t•'d ht: wi.ullci rlaVL' ,1 SlidtICA OV('r his home every afterr:cun. And I ti,lnk I 'ln('erstaTid your And 'M.r. Winkler and his r,.ttller have beta l.ivinr, Gore for thirt.r ruin I und(•rstand your concern. NOW, wi:llL tl+cy iirt'. ]fir' for is a V;ir1 lice f:lr Side :1nd rear yard and they art., not 1<l tt; for d vtr'1.;1nCC... i5 Llierc a acartlt var.lanCi' rcgUeSted? Mr. Winkler, I i_llinlc the answer i,; that if thcy wt:rt, to c0mj, 1'. wit':1 tilt side variance, i:egti'otiot:, would still 'r,sv,2 a sixty-twc, :-oot huildiri;";. So your complaint, unfurtuI)ateIy, cannot rt',.11.' b( :;olv(ci l (.,il:: c til.a:. �liey r:rt' :1.lani; for set Jacks of ... Vn, Sorry, Ll).e 6eLli i.'n r"i (11:1reY.IeiitS oil the ` ront ;ir( twenty Teel.. They have provided a hundrL6 forty fcet in the front. Tllt,y sidt, setl,a+_k is forty feet required and tilt%, are provi(lii lhl�t: ftet, sty In UTfcct wll�it ua , are sayin( is that tllu)' want Lt'n ft:et onu .,icie and oii ti-t' ot.1:Cr s]ile Laey are supposed to hav, fort'. !,.tt and they ::re wiliin;; to have thirty feet. So what we are really tn'_kin; ;il,out l;ere is ten feet difference on each side. Now, did 1 state that correctly? Mr. Fine: Yes. :fir. Plummer: So the only exception you are asking for is the side setbacks? Mr. Fine: And the rear setback. Mayor Ferre: Oh, I'm sorry and the rear setback. Mr. Plummer: k'hat is the rear? Rev. Gibson: It amounts to the same thing. Mr. Plummer: Forty and thirty? Mayor Ferre: No, it's twenty feet. Rev. Gibson: It's ten feet either way. That's what he is saying. Ten feet either way. Ten this way and ten this way. So it's ten feet. Mr. Carollo: Mr. Whipple, does the Planning Department still feel that the side is too small for commercial development? :Mr. iippple: No, r as I just suited, we feel that the thirty feet being provided is reasonable ..,aced upon the conditi..ns that exist on the site and the needs that are being; setforth. Mr. Carollo: Can you explain again, sir why you denied this previously and stated .he side was too -;mall for commercial development. Mr. Whipple: As 1 ,tated in my initial presentation, the plan that was before the Zoninp board has bt'en modifit'd... is being modified here before you this evening,. They have i)rovided additional setbacks. They have provided additional building redesign and they have provided lanascape buffers over and above those that was provided previously. So they are coming here with proffer to this Commission to improve the situation over and above what it was before the Zoning 39 J U N 61980 r Board and we concur with this improvement this evening. We did not have an opportunity nor time to revise our fact sheet to reflect that and that's why I did it in my initial presentation. Mr. Carollo: So then the Planning Department recommends the project as it's being presented here? Mr. Whipple: As being presented here this evening. Yes, sir. Mr. Carollo: Thank you, sir. Rev. Gibson: May I ask you a question, sir? Mayor Ferre: Father Gibson. Rev. Gibson: May I ask you a question, sir? Now, that you see what is being offered and you only had a disadvantage of ten feet. Only ten feet. Would you be inclined to want to change your mind now? Mr. Winkler: With all. duc respect sir, they are still cutting off my air and my sunshine and my life style. that I... Rev. Gibson: wc,ll, let me ask you this. If they were not asking for the ten feet... iet's a,;suric they were nc,t asking for... what we are saying to you is if they were not ackiiig for the ten feet, they were going to build the building anyway. You follow me? That's what the Mayor said and that's what he was trying to get across. Mr. Winkler: But this is a residential. This is a residential area. Rev. Gibson: Ok, let me make sure I know where... look, I promised everybody that you seldom would find me voting for a zoning of any kind, unless I go see it. That's a commitment I made. Let see, the building is... you say you are living this way from the building? You are living to the East of the building? Mr. Winkler: Yes, sir. Rev. Gibson: Ok, well, let me tell you. I want to say to the Commission... Mr. Plummer: No,... yes, I'm sorry. Mayor Ferre: Yes, he is living east of the building. Rev. Gibson: Yes, I just want to... I thought I better... look, I want to say to the Commission, sir, I hate to say this and I don't prejudice anybody's mind, but.. and incidentially,I an, a native Miamian, ok. I saw those house... I guess... that's right. Didn't I? There are houses to the east. Would you conceive that this is going to be an ir,iprovement? Mr. Winkler: Improvement in what way sir, cutting out air and my light. Rev. Gibson: I mean to the neigborhood. I'm talking about to the neighborhood. Mayor Ferre: You see, excuse me, Mr. Winkler. The problem Father is, that I would imagine that the United Way intends to tear down the existing, building and therefore,... because the solution to it obviously would be, if they could put the building on the worst side of the lot, ok, then his sunshine and air and light and what have you wouldn't be cut. Unfortunately, the reason why that cannot be done is because I'm sure they intend to build the building, move the United Way to the new building atLd tear down the old building. I mean that's just logic. I'm deducting; that. And that's why they want to build the building where it is. If they could move out to another location... Mr. Winkler: Or across the street. There is plenty of space across the street. Mayor Ferre: ... and tear down the building and build the building on the other side, then we wouldn't have that problem. But now why don't you address yourself to that? Mr. Fine: For the record, my name is Martin Fine and I am here as an interested party as all of you are with the United Way. I would like to say that Mr. Clark Lavendolo, the Executive Director is here, Ed Stevenson, a member of the Board, Mr. Prestano, Athalie Range is here and of course, Marshall Harris. Marshall and I had such a good time here this afternoon, we thought we 30 J U i'� 61980 f f would come back for a repeat performance. Mr. Plummer: Mr. Fine, where did you bet your degree from, sir? Mr. Fine: That's an in )louse: joke. In any event, let r1e very brief and say this, that I spoke to Mr. Winkler the last time. The fact of the matter is when it's all said and done, this or},anization is..., you know consist of people who are very conscience of there civic responsit,ility. We are asking for so little a variance, that it almost erlbarrat>ses me. "ilia dista',ICOs th.it We will allegedly be shutting off any ]i}l,ht and air is it,<s than curl•., goHrttr F the di; tance between heie where Mr. Winklt_r and T are stinding. This will he a very, very substantial improvement on the Property. 'Tile i ands caring, will it idr C:it' car:,, 'nt� wi ' 1 not see them. And in evt.ry r+''spc, L that excef'ds Anti n0;1' t hL,1-t' rE, now and WI11 be Z 1 1',.1jOr 1T11Provurrient to the nci,ohbornood. 1!1e preserlii',' existing building is thi:; building; here. It will remain so th.it all thr a1.:L.1Vi1-i1'S can be ongoing. Tlit,rt rire .just dozens of important areas ghat ou,lit to he pointed out. We need no setback requirements on the, One lde or (-T the Iront. NE- need no variar,ces r firkin,;. We need no vnrianct, s for 11ei f }lt. `1•, jpodn,'ss I rave been up Here a hundred times, With ten time,, m(lre V,1rLAr,Ce request Ior this .`or a commercial structure. This is not a nrofir rr,ri}-ii',s, or;,,-inizatiorl. leis the organization that yc,i 'Know that ren(lers; a . seat s,'rvice to t;,i s comri;ui ty and we do not: w„nt- to do it at the C:{;'c'Pse fir. Winkler. Ari`, 1 in 2,,cod c,,oii:cience want to re'i)restAlt tO Foil 01a1 WL Art. doinp -IL at lliti t XPt IIFi'. A1111 SOMO—LiM in the future if this community it is, cl,aiict'h are we wii 1 tlt'r'd this property and we will deal with LljoLl .1t that ti-no if ,ind as when he, wants to sell it and we will expand in that dirL'Ction. A:-; thl:, com:iiinit`' ! X ':tll('S, wv will have to expand. T)lis is a very modest rt'quest iinde r the circullistanc!'s. 'i'heru are a lot Of little ihirit?s that the architect haL� done here, for l':aT,-p-L,, t,,ey have moved tl•,e dumpster which was back }sere and it's still h,�ck here close to his property way up front, so that lie doesn't see it, he doesn't know about it. Mayor Ferre: Well, what is that? Rev. Gibson: The dumpster. Mr. Fine: The dumpster to accept the garbage and ... (COMM N"I' INAUDIBLE). (BACKGROUND COMMENT INAUDIBLE) M,--yor Ferre: Listen, I don't. blame Mr. Winkler at all. If I were in his position... Mr. Fine: In all candor, Mr. Mayor, I think if you saw it you would see we are not really going to block his light and air. We are in effect, in my opinion and in the opinion of the architect which is much more important than cline, not going create any undue hardship on him. His property is unduly low and in my opinion probably he couldn't get a permit to build a single family house there now. Mayor Ferre: But it's there. Mr. Fine: Yes, and ve think these requests are resonable. We think that they will enhance the neighborhood and we think that you ought to go along with this, your department has recommended it in this form. It is a substantially reduced request than anything we have had before. Mayor Ferre: Mr. Winkler, do you own all of the property that abuts this? Mr. Fine: Just one lot. Mr. Winkler: Just lot 16. Mayor Ferre: Just one lot. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: How many other lots... you own lot... well, wait a minute, that looks like it's one complete lot. Mr. Winkler: Just lot 16, sir. Mayor Ferre: Yes, but lot 16 is the full property that abuts that... I mean, you go from one end to the other of the property don't you? There is two structures there. 91 J U N 61980 (BACKGROUND COMMENT INAUDIBLE) Mayor Ferre: Fifty by one fifty. Mr. Fine: So he goes from the street to the back. Mayor Ferre: That's what I'm saying. He is the only neighbor that the United Way will have on it's easterly... Mr. Fine: On it's east side. Mayor Ferre: That's what I'm saying. You own the property that immediately is adjacent. Now, you have... from the map here it looks like there is one building in front and there is a small little building in the back. That's your home right? Ok. And your home... Mr. Winkler: My home is the big building, not the small building. Mayor Ferre: The big building. I understand. The big building where your home is, how far is it from the property line? Ten feet? Twenty feet? Mr. Fine: No, no. Mr. Winkler: About eight or ten feet. Mayor Ferre: Eight or ten feet... from the property line? Mr. Winkler: Six feet. Mayor Ferre: Six feet from the property line and you are going to leave thirty feet? Mr. Fine: Yes, sir. Mayor Ferre: That means he is going to have thirty- six feet from the building. Mr. Fine: That's a lot of space for air, really. Mr. Plumr.,er: What is this sF and building on your property used for Mr. Winkler? Ts that a rental property? You don't charge any rent for that sir? Yes, sir you do not or yes, sir you do not? You do charge rental? (BACKGROUND COMMENT INAUDIBLE) Mr. Plummer: t+'hat is the zoning there on his property? Mr. Winkler, do you understand the dileruna we are in sir? Ok. Let me tell you what the dilemma we are in . If they the architects were right now to take a big pencil and chop off ten feet all the way around this building on three sides... Mr. Fine: Just two sides. Mr. Plummer: Now, I don't practice law. I don't want you practicing Commission. Mr. Winkler, before i was so rudely interrupted by these intellectuals. If we were to take sir and chop off ten feet on the north of the building, ten feet on the east of the building and ten feet on the south of the building, are you aware sir, that they could build that building without being here and still it would block your light and your view to whatever it would at this time now. So what I'm saying to you is sir, that if they were to reduce the size of the building by ten foot all the way around, they art then in compliance and can build that building any how. Now, you know, you don't line that, but that happens to be the truth when you abut next to this type of zomin, and it really is which way do you want a bai :Sit„atio►i. Now, you hLve ( •rt: in rights as a property owner and there is no question about that, but sir i uoa't really see what we the Commission can do if we deny it here and they go back chop ten feet all the way around and they can build it tomorrow. They can take out a permit. Now, what do you want us to do sir? If you were sitting here, what would you want us to do? (BACKGROUND COMMENT INAUDIBLE) Mr. Plummer: That's exactly the position I'm in sir. I'm torn from the fact of a non-profit organization who do a lot of good for this community and a resident who has rights. Alright, sir? U4, JUN 61g8p Mr. Winkler: Well, why should I change my life style after thirty years? Mr. Plummer: Sir, it was something you have been subjected to for thirty years by virtue of the zoning that you abut up against. It's never been exercise until this point. They could have done it twenty-nine years ago, but they are not doing it until today. And sir it's, you know, I don't }snow what else to tell you. I appreciate and I'm understanding, of your j.roblem , but I hope that you are likewise understanding of this Coriimission. Mayor Ferre: I will recognize you in a moment after Mr. Fine makes his final statement. Mr. Fine: I will be very brief. Let me say this. We are very conscious of Mr. Winkler's position and you can tell by the application and how we reduced it, that we have taken a lot of trouble, to be concerned about it. For example, the first plan was six stories. Wt reduced it to 1,;e .,torus. We put in this extra landscapin,,... to five you an example, on the north sidL' five foer is required. eve flUt In sevi,nteen feet. On the C!a,,t Slue, the ri:;1r Wilere five feet is requ"red, WC haVt' ixteen fret. nn t.!i,• d.)'i:,Il blue' five :cc:'t ].z; 1.'v,!Jllred, We 1?tlt 111 SuVc•n iC'.-'L wild on and Coil on :.nil isn't a-, 11 t;'iL' Inlay C'aml' In hL•avy handed and t:tic. we are til(' 1 iiitL' i 11;1.i Wt.' C.111 0 all'i t!1:11F, We W:int to do. We kno'.,' the CC)1'.'Si h1011 W111 do 'it. `.cat 1 all. 1 thfilm Wu 1i1Vi_'. ,LLcn very sensitive to and reSpc)nSiVL to his ;,evi(;1ne concerns. And :�"`ir. i'lutimer, I thank you, for ma�:ing that ar u<.ment. It was one I had in my notes to make and didn't read, but it's vt-ry accurate. Mayor Ferre: Alright, Mr. Lacasa? Mr Lacasa: I would like to be recognized for the purpose of making a motion Mr. Mayor. Mayor Ferre: Go ahead. Mr. Lacasa: Although I realize the Predicament in which you might be, there is no question in my mini sir, that whatever we do here tonight as far as the variance that has been iecuc'sted is conccrned i;: not goin,, to ^hange the realities that the building, is i,oin; to be built. Iliat five feet Corr here or there anyway is going to ch.inge ttiu pru:,unL sitl:«C_iCn L11t:t VOL, iC co your (t'tr.iment. Ard tliis i elievc me, coaccril;. .;e. (,ii tnc c thc.r nand 1 i;on'L here we h,�,L -,,ally t::')air.ed tilt Pat -tire of the or�an17_ation with wC' are C.ealinj; with. We are not duallnf-, lii_rt' w:th a ciP.l1'Icrcial ern terprlSL ':!i it i s, coi-,Aiig here for a profit mal,int; venture. 1,'e are d,aiing here Witil C%Ile :)ri',allizat oii that is precisely trying; to do what you are trying, to defend for yourself and that is to upgrade the standards of living in th.fs coinmunit.y, which obviously, we need in view of past experience. Unfortunately, very recent. If We didn't have organizations suci_l as this and if We didn't have peoi)le who devote their title in a very unselfish way to promote the wt ifare of this, co-ul,unity wi.Lti their own personal sacrifice, we would be really in pretty bad s}.ape. So I feel that in moving now, in moving now to pass a resolution, granting the appiicnilt the variances that they are requesting to build this building, on one hams I a;11 not doing, any harm to you because a building would 'nave been built aliyway there and on the secona hand We are recognizing the fact that the local govt:rnn,crlt institutions, the least they can do is to work in cooperation with organization such as the United kay because they are in deep working; cooperation with the local government and this community to make a better life in this community for all. 5o it is in that spirit that I move that the variances requested by the applicant be approved. Mayor Ferre: Is there a second? Rev. Gibson: I second. Mayor Ferre: Further discussion, call the roll. Mr. Plummer: Wait a minute, excuse me. Under discussion Mr. Mayor, :,r. Whipple, sc that. we don't get back into another problem on streets of intention... streets of hell are paved with ,00d intentions. Mr. Fine, I only need your word sir. I don't need a written word. We found ourselves in a tremendous bind before with the Four Ambassadors. Wtiat assurances rlo this cL;:mission have that once that building is completed, that the other one will be torn down? Mr. Fine: I didn't hear that, but I assure you... 93 RUIN s 1980 A Mr. Plummer: Morty what happened to us at the Four Ambassadors. We allow them th- b+gild a model there, ok and then that model was suppo,,i.•d to cone down the rAn ute they got th(•ir certificate of occupancy. That ;yodel did not come down for about ten or twelve y(-ars, I think it fell down really antl all I want is is assurance to this Commission that predicated upon the completion of the new building the other building will be rcr,-,oved. Mr. Fine: Mr. Plummer, thank you, for askini; the question. For the record Clark Lavendolo,the Executive. Director, he and the other members of the Board here are giving, yuu that assurance and I am on their behalf. Mr. Plummer: Thank you, sir. Mayor Ferre: Further discussion, call the roll. ON ROLL CALL: Mayor Ferre: I must with all due respects to all my good friends that are here, v;,`c in the negative. I think that what you are trying to do is commendable. I understand and I think it's a wonderful... Ui,iLed Way is terrific and what they do is great. If I w,r in this man's dace and you wert2 going to build a sixty- two foot building six t oct ;_,way i ro? i them Pr(—erty l lnc ai, thirty I(-eL aw<.y from the other property and thirty-six ! t2eL .,way : rOla TIC Ull(l t1W 11lllldinl'would I)c twice as tall, almost twice as tall tl:c distance between n,c and Lhc building, I would be concerned too. And I... Now, i;: there were no ot'hrr si,turion I would vote with it, but it's . n expensive solution, of LourSc, for yo,l L(, t,u 1u.t and retain... well, the United Way has of eleven 11-,illiJ11 c:c.''lars ,;nd i know that every nickel is important. I I m well aware of the fact that tht: twenty or thirty thousand square feet that you are renting, that you need here would cost a couple hundred thousand dollars to go out and rent that kind of space for a year or whatever time. I. understand that, but on the other hand 1 think... I just feel sorry that my vote doesn't matter anyway because it's a... you have got four votes. So it's a four to one decision. Mr. Fine: We appreciate your interest and your concern. Mayor Ferre: And so I just have to vote my conscience on this one as we always do here. Ok, so... The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 80-423 A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE NO. 6871, ARTICLE VIII, SECTION 3(2) (c) and 3(3) (a), TO PERMIT CONSTRUCTION OF AN OFFICE BUILDING FOR THE UNITED WAY OF DADE COUNTY ON LOTS 11 THRU 15 LESS W10' OF LOT 11 FOR RIGHT-OF-WAY: BLOCK 70; MIAMI (B-41), BEING 455 SOUTHWEST SECOND AVENUE, AS PER SITE PLAN ON FILE, WITH 30' NORTH SIDE YARD (40' REQUIRED) AND 30' REAR YARD (40' REQUIRED; ZONED R-4 (MEDIUM DENSITY MULTIPLE). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Mr. Carollo, Mr. Plummer, Rev. Gibson and Vice -Mayor Lacasa. NOES: Mayor Ferre. ABSENT: None. 34 JUN 61ggp q 3 WEAL DENIAL OF CONDITIONAL 00 COCOGROVE ASSOC., INC. - TO PERMIT ,;i A CONVENIENCE CROCFKY STOKI, S':k-)�:E) S., . CoK.%ER OF THE INIERSELTION OF S,W. 27th A4'f_nl' t, WEST TKAPE AVENUE. TI!T,Yw,rv. r..y-.. �.. "�",j •v'.... '.,�° Y':�v+Rt1�.Mi. ` .. P4vti,�+4'"A•»S.. ,., Mayor. Ferre: Alright, we are on Item P5. 5 "A", appeal by Cocogrove. (BACKGROUND C01,1MNTS OFF THE PUBLIC RECORD) Mayor Ferre: Alright, will you proceed. Mr. Whipple: Pardon? Mayor Ferre: We are waiting for you. Mr. Whipple: Oh, I'm sorry sir. This is a request for a conditional use approval of a convenience grocery store, mainly a farm store, that's located in an R-CC, district 27th Avenue and Trade Avenue. Also, a variance request for rear setbacks for waiver of the minimum lot size and occupancy of more than half the required yard and the R-CC to ire utilized for parking. Very simply if you will note on the map of your fa7t sheet and the stre pl,a", the department contends that the site is too small ty which to accommodc:te ic,, a very practical matter the needs of a store of this typt . The si, of I -street t arcing s? aces are being provided. The area builtliu; and the site oncrooch u?on the residential nelyhhorhood to the east and both the ironing Board and the Planning Department recommend denial of this item. Mayor Terre: A.lrinht, hjw many objectors are there on this iteth;'. Would you raise your hands? Alright, Counselor wily don't you proceed and then we will hear from the opposition. Mr. Robert Trauris Thank you, Mr. Mayor. For the record my name is Robert H. Traurig, I'm an attorney at law with of ficcs at I&I bric oil Avenuc. and I represent the applicant which is Cocogrove Associa*.es, Lt:c. as well an Form Stores, Tnco purated which .it will Le the purcnaser and the developer of Lhis rite for a �nvenicnce grnwery story. As '-,r. 181ipple indicated to you, the property which is the subject of this .hearing, is located on the cc,rner of S.W. 274 Avenue and Trade Avenue and is this area! pho LOgra ph which yuu are l ouk in, at depicts. The property is immeriiately to the north cf the Bird Road and ?7tn :1vonue "Ursection. This is the E-•L kwik Superette which is on the corner of 27th Avenue and Bird and the property which is the subject o: this hearing is cAe prop rty that's located here within the . dun block, Cnis being irddo Avcuuc Lu the . or&. Whit we arc proposing 1L LQ put a Very :,;;:311 grocery b'_.rt' on LC'.ib 10L 1JiliCt, 15 an Eighty-five by a hundred foot lot. The grocery store which we prnposed would he located On Lhe lot in this fashion. In)_s would be the parking arvA, th,:re would be a landscaped buffer in the track aId this wouls bv the vc.r'.' .>m.!! gr'cury btore. The application really consists of two parts. PurL one is that we have requested within this R-CL district that you 5rhnt us a cc:n'dit_onal use to pat a grocery store. Now, that's pruvidud for in the d-CC Ordinance. It says that if approved after public Avarin; a broccry sLurc can be t"ure. The issue of that is, how does Staff feel about Lhe grLCery atory and the .uclLion. If you rued che staff recommendations, I think they are _,.iyl, to you 1_;OliCdly, that thay recul-.',end approval of a grorery, because basically what the) are bayingis "why don't you buy the property to the went so you wili haVL a lar,,er site ,-,I: wfi f c;i to plat" this grocery". So they are nut sating, to you the iroccry store is an irpropar utilization of the property, hUL ner, 1`• Lhat we think you ought to have a '-'1,7n-r slit. Part two t the appIlc L' .. 0aL we fire onmis," )" for a vnriaacc to .f-ie _,iz( Of the lot, plus a varinn'v ns to tho rear XW1 ,,,K. Stiff reCVl.•..,_:7i Ltit'�I. .��, 's soy to you char you have ,•ct to ;lavt- wix thousand '. quart tuc•: ; nl I'm qL\ inn 'mil' nave einlity-five hundrea. We hAve 60t .1 WE tnat',s t.'IQLV-Ii%, Dy a � ..`rc& jut the City it is0n' u.: for dudicatious for both l �L h coual anout One Gird Of cur entire SiLe rec'.ucinp the total number of squa, e i IL Ll' fifty-two hurdrec: fifty square feet. So now LIIe l HY Says to uc, on cnt kand gitit' ua thirty-two hundred fifty square feet reducing your area to tiliy-two fifty, but we don't want tv give you creuit for having eighty-five Lundr,l square feet, now you have got fifty-two fifty, we won't give you a variance. We say to you that your lot is too small and I believe that, that is totally contrary to the law. I think that this is a classic case of hardship where gover,hr•,ent has taken and has to recognize chat taking by granting, a variance fo: the hardship that has been created by government's action. Similarly if they hadn't taken thirty feet from our frontage so that instead of having a hundred feet in depth we now have only seventy feet in depth, we won't need the rear yard setback. So I say that the conditional use is impliedly recommended in the striff re . I;,;;.en 1,Iti:,ns and that it is grossly unfair. It is failure to reongniZe :,n har.is1ii? created by the acts of the City in establishint; the ba e htlilt}in}, ;ine whereas the City suggests and requiring those setbacks, r,:,ther tho�i' de,iir,Itiun;;. 1'ou .•ill notice that the store on the c,.>rner of P,ird and ''7th :venue :s n All of you know because we are all within the area of Bard :111d Zith Avt!nue right now What 27th Avenue is like. It is-mrllnt rciai ir, ch:+rr;`tc r t the corner of 27th and Bird to say that within the sari, bloc,. tht_rt si r„��i: 't :%c� ;in : xtt•n:-ion of the existing character. It would be a failure to re ;, .:'.c tenet e\i�-.ting character. So we urjrc you to approve Luis a0i-, l �- ', i i 11 , t t,'] t11 t.ilSti lt:g the recommendation of staff that failed to take those tli :�1":: uto e•011tii.1cration and the recolmnendatiun to %nu by your 7.oning, Board. Wt. tl.in: it's a nice' addition to the area. It doesn't impose on anybody. To sur,ttst that we buy an apartment house on the west side of us in order to expand our lot, I think doesn't recognize that this is merely a convenience grocery store of small character and we think that it fits in within this block. We urge the approval by this Commission of this application. Mayor Ferre: Alright, now the opponents. How many of you wish to speak? Raise your hands. Five. Do you want to speak Ma'am? Five. Five speakers... do any of you need to speak more than three minutes? Five minutes? Ok, the other one with the shorts, five. minutes. Ynu, sir? Five. And the rest of you three. Ok, go right ahead, you have five minutes. Mr. Denver Chazen: Idv name. is Denver Charon and I live at 2369 Southwest 28th Street. Fifty-two hundred, six thousand eighty-five hundred, with all the figures you can't understar;d what's hapV.t nine; and let's talk about what it is. The Planning Department recommended denial. I don't know what was implied, but they looked it over and they are the ,rnfe:;sionals. They do this everyday five: days a week and they rtc:Irsended denial. the Zoning Boar,.l denied it six to zero, not five to one or four to two, but Sig: to zero. 'There would have been more people here tonight, but the tiegn... but if you will... tonight if you go home down 27th Avenue and you go to that },ro;i`rty you will not find the notice that says about the me.t'tlnt; tonight. It's not. i)li t it Tom, SC)rTc-one has taken it off. What the man from:... who represents Cocogrove did not say was that there are many, many places to bu,,milk. Some people have i,rown up on Mc Arthur. My kids for the last four and a half years have crown up on Farm Store anu that's all we 'guy. But let's talk about where you can buy milk and I don't think it's going to be a hardship. Mr. Plummer: Sir, let's talk what is proper. Proper zoning, ok. Now, I'm glad your children grew up on Farm Store milk and I'm glad that you gave me all those statistics that you did, but they don't mean anything, sir. We are here talking about zoning. Now, why do you object to the zoning? Mr. Chazen: Ok, fine. Ok, I will tell you why. I'm Vice -President of the Tigertail Association and we have been h.-re many times for many things as you all know. We do not want it because we feel that it would set a precedent, that corner is not all commt;rical. On the other side of the E hwik it is not commercial. On the other side... on the east side there are houses and on the other corner there are houses. It's going to set a precedent. It is definitely a residential area. It will not enhance the neighborhood. The Tigertail Association's primary task and responsibility has always been to protect the integrity of the single family dcvolopment to the: mast cf 27th Avenue and in particular, in this case Aviation, Abaco, Inagua, Swanson and etc. We don't want it. We don't feel it's good for the neitjhbonccod. We don't feel that it's going to help the neighborhood. It's not going to enhance the neighborhood. It's not proper in that area, someplace else, fine, but in that area it's not proper. We tire especially concerned about all the traffic that would be created by that. i.speci.ally on the side streets. And based ii;,on that we just flat out don't want it. Thank you. Mayor Ferre: Alright, next speaker? You have three minutes. Mr. Harry Ryan: Thank you. My name is Harry Ryan and I own the building right next door at 2730 Trade. So I would be the ne>iFhbor that would be most affected by this. I think the gentleman mentioned that this is mostly... he felt that most of this area is commercial and it's not. I got... my wife has got a petition here of fifty-five names of people that live within less... most of them less than a two block area. You know, two block radius of this and I would you to... Mayor Ferre: A petition against �t�e construction. of Farm Stores on 27th Avenue and tk u l,,r,80 Trade Avenue. I will submit this to the Clerk. Go ahead. Mr. Ryan: Tt was a little w*rinkled,it was kind of hot when she was getting them, but all those are people... they are mixed owners and also renters which, you know, have a... should have a say in this tor), l think. Nobody has rvritioned that there is... I don't see the reed for OJF. and I have fift�-five people in that area that also agree with me hec ,u c th,•rc is two , t<,res within walking distances to f,et any i'roce'rles. Tlie F-i Kw,k and also '1'.`')l,i;" has ii,,-ntioned there is another convt_,ndence StJri, :,r, the cor'). r of M,ir. l'e'e't ,till }',:rd end there is... also there is another Farr', c.roru on the (.ri about four blocks from this... you know, from the >,itc' t'lev :,re tr 1 inc' ;11,u'.1t and I don't und( r:,Land th< need lit. all they are .i-,kin', `or iC, `;1;:( variances, setback varianc(•� as.., you know, they are, a:-INin�; to ;,'it ro',etrint ti,tit it.... you know. the lot ju�,r isn't l',ig, enougji for wl.aC the"' ;'re .,'yl'?i:. to do. the other problem with it is Lll.1t t}lc street Tra(1t, Avt n`.lt I; ti t ri nu rm.w S t : t•et and they dre providing, I ellillt:... how many spt,cuB w,' it? F,;;;r or Does anybody... Six? k'11, SiX �-paceS IF: not, to ") t'n,,elgh for tht pen-ple that they are going, tt) liiivc, is-Z Kwir: '--IS a ;iir, 1, 11e),:t tc' t I I it sLEr( rind a night that lot is complete'Y fill(d u,: ,lnc! or, ._,:de ,lv,'nu, i cr._ 1. :'.:<olutely no parkin; and there is. .. I L' 5... you i,'.r C,w, it' S poi Co `)t:' all lu situation. n1 re also., tllt_re 1 a i:ir.'.t .. Ili("rE h;ib i)t crt a Crime problem because Of the F-t'. K4'lk. 1 ivn�,w In II:}' hE1Cr y<:rd 1 In there'.. We have founii surrenders 'Sind t}It '. lid ht'F"'Ti soil,( . . . voo Allow, }it'i'TI (i'11 Le a bit of incicl nts of drUL because of tl c pc-o ,lu that h,,ng firoun_l, 1'ltc 'it iil,;?lit at the E-Z YwiK. Arita T don't :now , I Cl,,s'�otLom lint' is rL',111V. LilCrti' I"... I could go on wit}i ciui tc a fcw rcaso,l!,. T ll:ive seen a 1 or sale ,;i n '17-4 this building. I liav n't sc,t'rl an'ibodV 'iT,at Bald anv,thing ahc�tlt that ttitri' wrJre' Trying t0 sell tills b 111r,,, I don't t',:llk tii:•, -man }134 tri("!. I i_L;e:jti mV tii%fl is up. I think may be the bottom Tin.- is that we have v.:'r... 5's,nr,ttiris of over fifty-five people. I imagine most of tl,e.;, are voters in the tit iol,crllood that don't feel the need for this and don't feel that the.., that all t',ie vr,riances... It's just too small of a place and it's the wrong; place for it. Thank you. Mayor Ferre: Alris;tit, n,,:ct speaker. Ycu have three minutes, sir. Mr. Chistc,;,}',er Cooke-:'.jrborough: `1y namr, is Chistop'r.cr C,-•oke-Yarburi)ugh, I live on the north side, of Wv,-t Trade Avenue, 27'41. ',4r. in-plie>u that the Board's recummondati-oil for tv-go*iation of tI)is stilte wad na;ed on the fact that t' e ;'!Le ,,as too Small and if in fact 'Tie coi.11d buy the buildln^ tO the west w'.�c1 is Ul.'i;t-d h!' Ille t,i nLlc'nan whO 11St SC)Okt, that in fact tht: €',rucery store would be acceptable. I don't understand that i,iplication at all. 1 think in fact i' it Could work the other way around, I think that would bc• a much more suitable application of that site. 'If rhe... if you will note on the site plan here, tht. general trend in the area is to develop res?dcritlal urALs, not colmmercial units. South on 27th and o,ith c,f Bird Koa: on 27th the two red area.-, those are new townhouses. Ccnt .r Strr-et new townnc'.:ses. Tht corner of Coconut and Center 'Street, new townhouses. T:t:' area is defini.tel,... Tht•re is a lot of interest in the area, but as a residential area. Mr. Traurrt,•s,tatf,s that the corner of 27th and gird Is a commercia. irta. Yes, it's LhL: end of CI ct:,mmercial zone on BirU, not the end of tae cc,mr, rciaL :'.(one on ?"th A!'enUL . Now, ttlat can be... l.c't's estri' lisp dint. IL's the 0n,G of tit ",all 5l,i,I?pi:1 ' Cr:1L:Cr on Bird Road. 27th AvE-line is s r(sitier.tial street ns it Foe nort'i arc., aF it toes south and I. think that it should he esta�,Iish-d as c'%,li. Again, iti'est 'trade Avenue is a very sm, l.I street. it is residt-ntial. in charac•Ler. We right now with neople zooming down tlier in tgeir hot Lo(lc find the last. '''lilt; 4:e need is more of this. V.'e .Teed.., wt? (lc> not net'Ci anotl*wr e1vm.•nt Le, encourage people to use that street. It's ., rtF�icle)1tia ;;greet. '11 i re are childrt:n playing on it and we do not need this type of facilit,;. Please u.ldt-rstand that the area in fact is resi(:e•ntial ani vt2 could like to continue it in that re;;ard. And if 'iybody want; to ',I1', :171 '.^-,J I re'co;:-rind thi- genrl,. n,n wesr of tl,u s're to buy the ; 'tC• fin(' d('vt I", I t ._I� CvI):10F1i1liU::,r; 0,.' L 1V tho r'e'St )f ttlr ni•lt;")orilood is }thing ant. t.l:.o ttils... turn this petition down .:n(I thO curn('r of 27th and Bird as the end of the co,i,mc:rcial on Bird and not the. begi,lniai of the commercial on 27th. Thank you. M.iyor Ferre: Alriel-it, next speaker? Alright, sir you have five minutes. Mr. George Wright: yr. Mayor and membt rs of the Co^.-:nission, I:.y name is George Wright, I'm an attorney at 28 West Flagler Street, Miami. I rearesent the operators of the F-Z Kwik :Market and I'm sire my friend Bob Traurig is going to say I'm up here with the pot call the kittle black. Bi,t gentlemen our store with which there have been some problem,;, that these other people have referred to in which we have tried to control with the aid :'f the 'Miami Police Department and our own management. We have been in operation there for over fifteen years. 97 J U IN 61980 We occupy some eighteen thousand five hundred square feet. We comply with all of the setback requi.ruvients of even the new R-CC 7.oninf� Ordinance and setback requirements. I'm sure that we would find ourselves in the same spot if we ,''terp coming before the Planning andl.oriinf, Board and now tine City Cora~i:;sion as the owner of this property says he finds himself in. He glade the statelment in the minutes of the meeting, bef,,r the Zoiiint, hoard thiit this w:�s the only prospective CUSCUr1CT theyhaV ` 11a(1 lid its i(y,iti i + I;lt+'u C�llt Liil Tt i'u+a never been a for sale sign. We didn't tveri kl1UW 1 t W<A;1 t 1r been one out there uver to the. know e,1 ,u of retti i ,lc n i `, i n n : i',? }'C r}1<lc)Ci . And I am sure and Mr. Ryan loss indicatc`d to me that he WC,11 ntt!rLstcc in buying this property and duvelopin�L it for townhouses or ap,irtm+;lt:. r ii Nirlt;ii� faT-,ily residential neij,hloOrllood. i4,,W, til+' in'.ent oI this 1Z-rl :iilii .i r is t0 stop the Comm, rcial and to restrict it to relic _•r,c'(:� , -i ncl u,l i ni,, apartment houses anC: prof i� ,�3 Lo17a1 oft ices and ati 1 said befort 6. 1,-O,lld i in:; ourselves in the same position as the Farm Store. There is... w c,r.l+:.. with the setback regiliruments, but w, could not comi,Iy wiAh thu U�1 JiLt is peri;.itt+_`d by R-CC Zoning as this tirlc. We are grandfaciic:'red in, uc' to s?,-Jk. WE• are ... we have become a non-confor'c,ing USE' Of the R-CC. nrE',lnalli lil�'Tu lilrC'AC'; has hErei; Hinted out several convenience stores inthe Ourtoredc) cs nit adjoin immediately any residential eoi,li.lcx, i,ither t�, ,,rtc,c�nt, tuwnhoc:se ,,r ,,ingle family residence. We adjoin a liquor store ,ind acrc,s ne ,reet is a s, s station. There is a Farn,, Sturc about thrt2c blocks ,:c+rth of :�i:.i�' }iip,i�way �-,n :7th Avenue. There is a Food Spot one block down at Che cnrnur of V',r.v and Piro .'Avenue and there is another Farm Store over a. Ti6ertail and '`;sry Strtet in cuc,)nut Grove. So there are two Farm Store within approximately a mile of the var'eiis locations. Now, they want to put a Farm Store with variances on side lot. linos and rear lot lines that would have six parkin, spaces to come out on a -mall residential. side street, not even out into 27th Avenue where there is enough of a traffic problem and now they want to adjoin apartment houses and single family residences and come out into a small side street which is twenty feet wide with Six parking spaces. They do not as the ordinance requires and the standards for non -conforming uses require have a place provided for servicing. How are you Coin. to drive in trucks to deliver milk, orange juice, beer, bread, everything else that Farm Stores... and they want to operate it as a grocery store, not just a typical drive-in and drive -out Farm Store, operate it as s grocery, a convenience store with other types of items with six parking spaces and no place to load and unload and without any provision for providing for the protection of the residents in this neighborhood, which it will adjoin, not E-Z Kwik, because we do not adjoin any single family residences, apartment houses, or otherwise. And we think that I.te Plannin.... the Zoning Board in their recommendation, not only ham in mind the fact that this is too small an area or piece of property upon which to develop this business or construct this business, but also to conform with the intent of this ordinance which is to stop the residential or the commercial development any further in that particular area and confine it to the business area of Coconut Grove. And we respectfully request Mr. Mayor and members of the Commission, that the Planning and Zoning Board's recommendation be upheld and that the application for the change to a non -conforming use and for the variances on the side and rear lot lines be denied. Thank you. Mayor Ferre: Alright, rebuttal? Mr. Traurig: Yes, sir. I would like to call several things to your attention. The Zoning Board hearing and you will notice in your transcript page 33, Mr. Campbell said "Mr. Chairman and members of the Board, my name is George Campbell representative of the Department of Public Works. We requested in our memorandum of March 31 that if you see fit to grant this application we require as a part of the granting dedication of the north ten feet of lots 37 and 38 and the easterly thirty feet of lot 38". Susan Grove said "we realize that on this site that is available right now to the applicant, there is no way that such a retail use could be put on the site without variances". Now, Farm Stores does have a store today at the corner of Mary 11reet and Tigertail. It's leased property. The lease has expired. They have been notified by the land_ard to get off the property because the landlord intends to sell the property for redevelopment so they will not be in that legation and that nice fellow who wanted to continue to raise his children on Farm Stores milk will not have a Farm Store in the ii;T,c,diate vicinity. We do need a new location and we have searched through Coconut Grove and we located a place on 27th Avenue just north of a C-2A district immediately north of the E-Z Kwik, represented by Mr. Wright and we think it's an ideal location because of the basic character of 27th Avenue. Our lot is big enough without any variances. If the City didn't say to us "give us land on both the north side and the east side of our property". With regard to the location of the drive way and the parking area, that was suggested by Jack Luft to whom we went with our plans because we know he is the Coconut Grove expert in the Planning Department. We urge that you reco a that by taking property from us, you have 1 ' ! 1 11 19 .. , 4 U 1980 made our lot too small and that the conditional use w}:: Ci; is pvmi t ted in the R-CC district does permit the �:ruccry store. We ccul�! have offices on that property right now and conditional uses permit drug stores, newsstands, groceries, shoe repair, bakery shops and the grocery store that we seek to put there. We think it's an addition to the neighborhood. We understand our competition objecting to it. We urge that you be realistic about the reasons for our requests for variances. Thank you. Mr. Carollo: Mr. Mayor? Mayor Ferre: Alright, questions from the Commission? Mr. Carollo? Mr. Carollo: I'm going to make it sweet and quick... �J J U 19on T Mr.. Carollo: ...as one member of this Commission, I strongly agree with the denial of the Planning Department. I really think that the Planning Department is very much correct in saying that the lot, the development is too small for eomrnercial develo;.mc�;it. So if I was a nc�ic_ihi.,,Dr in that area, I would feel the same way that these <iuod people here do. And I could underst and how they'd feel ahcr„t 'huvin; iiiditional 1 ];, .. '-,ere. vany a time, not only now l ;a in the , -.st, i'% r—::,_i.v,'cl C'%ITr :;7.:,' of what one of the i'« rsuns here talked about, that drugs are b riny u:;ed there and the kinds of, not or;l} the stores; ht.re now, but the 'c_,ar t},at attracts that kind -f • .:c�,ple *,.o the of people that can't tlio of siE: thcit's being brought upon them bec-,e,ue of that. But, 1.nit.tinq c_•verythiny else aside, if I may, }Ii(, bottom line is t;l...t we hive :-onil, j i;l this Cit..; and that lot is too small for the develc,pmer.t that is L<:•i.ncj asked for. And at this point, I would like to make a rv,r.ion for denial. Mayor Ferre: Joe. I'l' recognize you as soon as everylOody in the Commission has an opl,ortur;ity to m,-i'r.e a --;tat(,ment or asr: a question if the want to, and then I will rc ogr:i c you for the purpose-. of making a motion. All right. Does anybody else: have any que->tiora or discussion they want to have on this item? Hearing none, I recognize X,)u for a motion. Mr. Carollo: Thank you. Move for denial. Mayor Ferre: There is a motion that the board be upheld in denial. Mr. Lacasa: I second the motion on the basis that even though I understand the question of the variances, and the fact ti.at the taking by the City of a certain piece o.' prupert% could create a hardship there, the question of the conditional use has al,solutely nothing to do with the hardship created by t'ie takino of tl:c'...of certain part of the prGp,-�rty by the City. And thorc is obviou:�,1 a trcmut;do'.rs ,i^�.ount o`_ o;,;:o:-itio;i on the part of the -,rc-a seem: , to mu, i,r-rty wr-11 :ervcd fYom the stand point of view of ot7ier co;Taner.cial enterl,rises that have been for y _ors providing t'.iar. service. So t.z(-,refore, I see no reason why we sh:)u' :1 yi:c�:It the .emu, i,i t;,G' 7t, 1 understand the question of t, r.riances, . But. ;_.hare is n,, point in disuussing them any farther, since I for one, am not going to go for the conditional use. Mayor Ferre: Further discussion? Call the roll. The following :notion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 80-424 A MOTION TO DENY AN APPEAL OF ZONING BOARD DENIAL OF CONDITIO?JAL USE TO PERMIT A CONVENIENCE GROCERY STORE AT S.W. COINER OF S. W. 27TH AVENUE AND WE--T TRADE AVENUE Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Vice-:'ayor Armando Lacasa C-•:r1T.i: sior,,_r Joe Carollo Mayor Xaurice A. Ferre NOES: None , ist 100 .s v , v 15u� 33. F) 'NIAL OF APPEAL !:Y COCOGRi-i',.E ASSOCIATION, INC. FOI: A VARIA,= AT S. W. 27t'h A%EWE 6 ':::5`i Ti'\A')}: A, IE UE Mayor Ferre: Take up five (b). Is there a motion on five (b)? Mr. Carollo: Motion for denial. mayor Ferre: Th,-i�otion is for denial of the application and concurrence with the Zoning Board's so there is a motion... Mr. Plummier: It's only so that they can exhaust their administrative procedures. Mayor Ferre: There is a motion to uphold the Zoning Board. Is there a second? Mr. Lacasa: Second. Mayor Ferre: There is a second. Further discussion? Call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 80-425 A MOTION TO DENY APPEAL OF ZONING BOARD DENIAL OF VARIANCE FOR. YARDS AND LOT AREA TO PER41T A ^_ONVF.NIENCE GROCERY STORE AT S. W. CORNER OF S. W. 27TH AVENUE AND WEST TRADE AVENUE Upon being seconded LI Commission Lacasa, the motion was passed and adopted by the following vote: AYES: Conunissioner J. L. Plummer, Jr. Vice -Mayor Armando Lacasa Commissioner (Rev.) Theodore R. Gibson Commissioner Joe Carollo Mayor Maari_:e A. Ferre NOES: None 34. DEF'ERALL OF CO'.: IL:.1. '.AT!0% 0: Ai i'LAL ul' IDIC. r. A VARIANCF. AT 41�)1 I-A'Ei'UF. [,Mayor Ferre: We're now or: i tem number si.x (:NAUDIBLE Mayor Ferre: wcll off the. record, I wish you hadn't said that. I hate like heck to nave to agree with the Tigertail Association but I have to I voted with you. Okay. Take up item six. Mr. Robert Tra,:rig: Mr. Mayor, may I make an announcement on item six? My name, for the record, my name is Rol:,!rt H. Traurig, 1401 Brickell Avenue. I'd like to request a deferral of item six. Item six is an ist 101 Jury b1980 I Mr. Traurig (continued): application which is here only in part. There is another portion of the application that has to be heard by the Zoning Board, Monday night, relating to side yard setbacks. And after discussion with Mr. Perez, I am of the opinion th,it hc,th .it .its c--)ild be heard simultaneously by this coru91sSlt:)n On t(:' �.ritJ Gf .',unc, nna 26t1, of June, and I would like a defur.rai of this item until the 26th of June so that all items related to this same parcel of property could be heard simultaneously. Mr. Plummer: That's proper. Mayor Ferre: There's a motion by Plummer. Is there a second? - Father Gibson: Second. Mayor Ferre: Second by Gibson. Further discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moed its adoption: MOTION NO. 80-426 A MOTION GRANTING THE REQUEST OF ROBERT TRAURIG, ATTORNEY AT LAW, 1tEPPL'SENTIN7 :17'11LICANTS APPEALING A DENIAL OF VARIANCII TC PF1R'11 CON,-,TR.UCTION OF 180 UNITS AI'AP.T.'LLNT i'R,)ji•:CT A." A. ,ir's'!:):;IMATFLY 401 BRICKELL AVEIj['F ?. 'JE:) brFl. OP ThIS MATTER 1N OFDER THAT THIS AND OT11FR. RELATED 1,ATTER.S MAY BE HEARD AT THE CITY COXVISSION �-IELTING OF JUIvTE 26 Upon being seconde.i Lry Commissioner r�ibson, the motion was passed and adopted by the following vote: AYES: Commissioner (Rev.) Theodore R. Gibson Vice-'dayor Armando Lacasa Commissioner Joe Carollo Commissioner J. L. Plummer., Jr. I•;ayor Maurice A. Ferre NOES: None 35. ACCEPT PLAT: "lIF ':I CON'.ENTION CLNTE:. LOCATED BETWEEN SOJ'.'HEAST LST COURT AV) SIUTHEAST 4TH STREET Mayor Ferre: We're now on item seven which is acceptance of the Plat and Street Committee's recommendation. Is there a motion? Father Gibso:;: Move. Mayor Ferre: Moved by Gibson... Mr. Mummer: Move to deny. Mayor Ferre: Huh? Is there a second? For the Plat and Street Committee on the Miamt Convention Center. C'mon. Mr. )lummer: You sold the bonds this afternoon, now what are you going. to buy? (LAUGHTER) Mayor Ferre: Is there a second? Mr. Lacasa: Second. ist .074 JUN 61980 I I Mayor Ferre: Second by Lacasa. Further discussion^ Call the roll. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 80-427 A RESOLUTION ACCEPTING TIIE PLAT ENTITLED MIAMI CONVENTION CENTER, A SUBDIVISION IN THe CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS SIJOWN 01; SIiID PLAT; AND AUTUORIZING AND DIRECTIN:. THE CITY MANAGER hND THE CITY CLERK i'0 EXECUTE THE PLAT (Here follows body of resolution, omittec. 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 (Rev.) Theociore R. Gibson Commissioner Jc,c Carollo Commissioner o. L. Plummer, Jr. Lice-T•Sayor Armando Lacasa Mayor Maurice A. Ferre NOES: None .. ^� ACCEPT PLAT . E::�" I :L-D i� .F�f;SO L^�AT�J ?;^_' ::.^; . 1 i F.v, ILL TWEEN 7.GTi? 5i'ri r I.:" 1; . 3 ':I 5'i EET irayor Ferre: Take up item eight, a plat entitled Alfonso, do ycu have any conflict of interest in this? Are you involved in this in any way directly or indirectly? What university did you go to? (LAUGHTER) Father Gibson: Move. Mayor Ferre: Father Gibson moves... Mr. Lacasa: Second. Mayor Ferre: ...the plat on Alfonso, seconded by Lacasa. Further discussion? Call the roll. The following resolution was introduced by Commissioner Gibson who moved its adoption: RESOLUTION NO. 80-428 A RESOLUTION ACCEPTING THE PLAT ENTIT:-ED nLFGNSO, A SUBDIVISION IN THE CITY OF MIA.'I , FL0PIDA; AI4D ACCEPTING TNT. 47-1:Ji,-"A Tr0'1'S SHOWN ,)N 7;A1D PLAT; AND AUTHORIZI.;6 AND :III ECTI?.G TriE. CITY .'A:;A6ER AND THE CITY CLERK TO EXECUTE THE PLAT (Here follow body of rt. elution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Coirjnissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: (CONTINUED ON NEXT PAGE) xf v3 �OU f r AYES$ Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Armando Lacasa Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None 37. APPLICATION BY YARJNER, N.V. FOR A PLANNED AREA DE%-'FLOPMFT`T (PAD) AT 1014-1090 VENETIAN WAY Mr. Whipple: mr. Mayor, Cominlssion(_,r.-r tali' DC��dYtLlet: . 1"E.COI^J,.�ndS a;�pr-) al of this item in accord with the Urban Review board' recor-mendation for approval, and in accord -,ith tht Zoning Board's for approval. This is a Manned area dcvclopTient re;uest (-)n ti-e, of the Venetian Causeway on Biscayne Island. The are seeking ii slight increase in floor area ratio of or,e point ti;rek _giver. based u; cr, unique design of the structure, bas ed upon the site 13}•oPt_, based ',_ipon the i%rovision of landscaping, not only of the site, and of the parking deck of the structure but also their agreement to l,rovi.de landscaping on the public rights of way of Venetian Causeway to the west of t}:c subiect property. So on all counts, this api-lication has been recommended. Mr. Plummer: Bob, before you start, I see this lady on the edge of her seat, and I'm assuming you are in opposition? Okay, since the Vice -Mayor is not here and the Mayor is not here,.. Mayo Ferre: The Mayor is here. Mr. Plummer: ...okay. Ma'am, what I want to tell you before you jump out of your chair, the rules of procedure is that the applicant makes his presentation. Then you are given the right to make your presentation and then he has the last right of rebuttal. Okay? Mayor Ferre: Okay. You'll have your chance. Counsellor. Mr. Traurig: Well, I have no objection to letting her... Mayor Ferre: No, no. Go ahead. Mr. Traurig: Mr. Mayor, Mr. Vice -Mayor, gentlemen, for the record, my name is Robert H. Traurig, 1401 Brickell Avenue. I represent the applicant Yardner, N.V. which is the owner of this property at 1014-1016 Venetian Way. In order for you to fully appreciate what we propose to do, I'd like to hand to you, starting with Mr. Carollo and having him pass to his left Mr. Traurig: At any rate, those are aerial photoggrphs showing the existing buildings on this site. And those same buildings at 1014 Venetian Way are depicted on this aerial photograph. And you can see on the South side of Venetian Way, that these buildings constitute a homogenious development 104 JUN 6 1g$p "'r. Traurig (continued): of very small profile buildings that cover almost all of the property that is the subject of this hearing. What we propose to do, is to replace those buildings with what we think are two handsome buildings which create more height but simultaneously have a lot of open space. And I'd like to describe for you the di`ference b--tweun what exists, what's been approved down the street, what wa_s initially requested by us, an.] what we're now requosting 1•C cause all Of %.`,ose Statistics are reflected O1. t.hat. chart. You are aware, frc)m thf.: c ll.?irj fact, sheet that thi?; property is zoned R-4, wi)ich its medium density. And we have a tract that _s three point nine ;..cro acros. It is imix,rr„r,t to note that what we ha':L� reyucted is that. the conditional use for a FAD be granted and that we be gi,ien a one point ti-.re t. seven FAR C. n tills site, With one ri,,i.nt One bt�iny j-1-mitted. Nov let me, take you thrGllc{}'i the E'XuT'C15E.'. of describinc; eXhc: zi ' %,hat's been ,{ranted ,ind wl,y wild w,_ 1 r(:C req.uesting is so ruascnahle. We arc. askino for cne hundred arci t• Q,—,ty-three units which Auld be in a twor.*.,,•-two =tort' building. Now a,_t,i,illy, we're �:r,titled to Lave utilizinq the statistics that are normally al,pli_ed to the formula for creation, ny- Clet.erminatlon Of d„I%�-341-y, W','re C:I1t1t1(_•6 t0 haV,2 tWO hundrE'd cincl li VE';1 u?iit: . So 'Jr', a Ci ,E hu:,dred .end sixty-I:lrle tti,ousand, nine hur,:lr(-3 and ?".1?iCt.-y-sl:: squaru 'eet, We're entiti,-d to vwQ huIldred and eleven units. -he -arcel of property on the ':c,rth side of Cent_•tian Way rYquC'sted 01, :'::E- ,nd two s,;uare fet't eigi,.t.y one! units. What we hay: previoLisly ,rC1)0SL'G• f 'r t::;ti -'ite l:�; e11C' 1'11!11rE(: ancd flity-six units. And, what we're aski.nc now is one h.lneired anti twenty-three, units. Comoar'i:-.g, P"'WC':'C.i", wf:cit- we have 1-,_rlu4Dsto,a to the on thu North side, which a'. r, ady I)Qen ai pi ove• i, it haft an FAR of one ;:c.int five one. ire are 1'UCllieStlnq One pGirit three sev-r:. Now, when we cornoat"c• whdt presently exist G,. the property which is one hundred and ter. unit.-. in this twc_. .;tC "y . I,lext which dcErsrl't CreSt... any Oi _n 3:'f what..-.o(_ver, and ynti corr,l,-re that one hundred an-3 ten units to one i,ur:fired and twenty- three snits which willl be '.ii.•ve iope_d in a highrlse struCture, the E•Ihd effect ._ that 'ac crc.utc substantially mor_ open ac,_, substantially l-otter 1.C�t cover;IcJc 5'"I.r—tant.lally setback. Fnd I'd 2ik,2 to snow you w}lat we are have f:.fLV fie`., tWti:",ty-three fcC`, %v' '.LV-r1Vt'_ `eet., ar',,1 BiSt"-`.Ct Setb?C1CS, ' rs �e a' rovi:lir,; onf hur•cirEed and ten feet, f.iTty-ti-ir_e feet, i.wGnty-seven {F_C_t", and fifty-thruc- `C: cn thr_' scino :Ia .`_, West, front and rFar yarcis. _uI:_,)yu,.:ntl f, w.'hi're t::i.y haC fifty _,_et, w,. are � ovlding one, hur,';Ir, d and tcr:. J:lil,r they have twL•:",ty-tnr,_e, We are pruviainy t.hGy only h"V(_ rive, 'w't 'are Li::u'✓icllr:� tWE'nL}'-SCVC::. Where t}-.j}, iavr- tw.:-nt.", w- tl%iVu fit+-j-t-'.reE. clill tl:at tG your dttention becau:_e Wc're r:Ot evE:, 3F'i:l!.g f0T- c.,I:V Side V--rCt Su`.:i)uCf:s, WL,re cinly asking for tr.e ap rnval c)f tnis FAR ar.cl .i lot coverage _.c.viarion caused c)nly because we are counting our garage 'b,eCAUs;_ of the height of the garage. Now... Mayor Fe re: I don't understand that. You're counting your garage because of the height of it? Mr. Traurig: Yes. :he sccry with regard to lot coverage is you don't count the gara;le as part of lot coverage if you only go to a level of about twelve feet. Bit if you go thirten feet you have to count it.. So because we are going beyond that level by a few feet, we're courting it toward :;_t lot cover_�ye. EaEically, it's no different than th structure at twelve feet. I'm just giving that to y_'u as... ".Ayer TctrrE': at;t ,-„1 '_,:1 1?'.g al)011-� r W1L1': C) Ji_'!': S1-ice`.. 1dndSC'dplrly, that includes the landscaping on top of' t;-,c gaxayc I�: that what that means? Mr. Trauric,: Yes. We are inr.luciirrq, as our "andscah`_nq, tnu lane: caging on top Of the �,ara<le, because as you loci, d(�wrr, you have t:1aL er5tlre site ,andsca;�ed because the hoof of th,> garage is nr�t u:k2d for cars, it is used for landscapir,q and :open s;)acc:. I ti,ir,K that. :fir. 1.'ilip:lc's des�riptior of the benefits of ti1r�- project have validity. I think that it'_ very important to note what's been said by both mem::ers of t:.:s C'Glnni;:sior„ crid by the Planr.;ng De;uartsncnt regardir,c; thib and .,l:r•;lar l.rojects. I think that what Mr. Plummer said when, t:iu dis, ussicn too}: place with; regard to the property on the North side, is really ost uerl?,air, col:lment. Fe said, basically, that the R-4 exists. That in our ,_ase, and I'm just translating ist 105 J U R 61980 Mr. Traurig (continued): from one to the other, but in our case, we could have the two hundred and eleven units. We are asking for substantially less, with larger units, that creates the need for the additional square footage, for the additional FAR because we have larger units. With only one hundret: and twf'nty-three unit$, we liavc lt'ss impact on the facilities, we Lave less rr';.uirf'rnent for parking, we have loss traf:.ic to Venetian Way, wF: have less utilization of the public facilit:vs. So we think that t�,e corz-,,,nts t.lat wore wht,Ii til-- NOrLh s]de duvelol,mer,t, which was a more CO�xt, t-itduvelol-mler,t required its traffic to -io through a single family resi.ienti.ii area, and I applaude this C.-,mmiss.ion for recognizinq that that waE, t,roper development in a l ropc_r location because of its proximity tc) the I-r i:;sit system, its proximity to the complex, its Proximity to ;:•a ,or cirterial routes. We urge you, because this does hFrve the same 11,asi-c qualities, that is we are surrounded by water and major thorough -faros, that. this ought to be approved, particularly since we're only going from the existincg one hundred and ten units to one hundred and twenty-three units. Mr. Carollo: Can I ask a question, Mr. Mayor? Mayor Ferre: Let him finish first. Mr. Carollo: Oh, he's not finished? I'm sorry, I thought he was. Mr. Traurig: Yes, I'm finsihed. Mayor Ferre: Go ahead. Mr. Carollo: I don't know if I didn't catch part of what you said or not, Mr. Traurig, but what you are presenting here now the same original presentation, the same request that the Planning Department recommended or is there any changes been made? Mr. Tr --,uric,: It's the same as was recommended by the Urban Development Rev,• Board, end by the Planning Department, and by the Zoning Board for approval by you. Mr. Carollo: The same floor area ratio as before? Mr. Traurig: Yes, we had been asking for that same floor area ratio. I made this presentation almost as if I had a negative recommendation. But the recommendations from every recommending agency, or individual have been for approval. Mr. Carollo: In other words, it is going to have the one point three seven FAR. Mr. Traurig: Yes, sir. Mr. Carollo: Okay, fine. Thank you very much. Mayor Ferre: All right, we're going to hear from the objector. Your name and address, for the record, ma'am and your objection. Mrs. Leaton: My name is MrE;. Leaton, I live at 941 North Venetian Drive. This petition i. rt-.larding tl-,e new highrise to be built at Venetian w.:ry, and b,>iny presented to you tonight for al.,r 2 ,)val . We, the undersigned live witliir, three hundred feet of s,:id property rind are the most affected by this structure. Whi-ch by looking at the model which Plr. Traurig didn't bring today, which lookF,-d quite ironress'ive last meeting, it's attractive, but then, it is very difficult to imagine, that seventeen stories will look slightly bi:jy -r than the m,ndel. Lt t us tall you what the fear of this construct -ion is, ti'& owner:; are re,„uestin, a variance in height, instead of thirteen stories allowed, they want seventeen ories. Here goes our backyarJ privacy. The next problem is one which is unavoidable but with less height it would probably help, even if it is a little bit. We suppose the pilings, which will be brought in by barge, otherwise the bridge will collapse. We would like this to be established before this Commission. ingro JUN 61980 km ist i `I Mrs. Leaton (continued): Do you realize what it means to our homes when the developers have to drive pilings into filled bottom in order to put up seventeen stories? It means, that within three hundred feet or maybe even more, the walls anti ceiling will develop cracks, the houses will shake not to talk about what damage it will. cause to our pools and underground ties. The added traffi, to the %;ric;< is not 4 most desireable m"tter either. The poor bridge is in such l:.i shape that with the other h.lghrise yoiny uL,,already wi_ :sand In line buc,iusc if a c t« m,ent truck goes over the bri:ige, traf,ic in b,`t?, r':irect.ions it c,uards with walkie-!_allot,. are stationed or, ._,ach side of the bridge to dive the okay when it is safe to crc,s:,. Sc thy_' bridge will nc,t �.ollapse under the added weight. we live, at out i ropuit..ius for a for;q ._imc and sometimes the bridge is out for d:x'J;, ani ��v, ryu:y CaS t,, go to Micunj Reach, over the McArthur Casueway wi> .ci, :c,e rot help our e;asoli::e 'tills. We respectfully submit t,-) you, be f(rt_: a})l-L.)vinca t.r,i variance, that yea, c;et ir. touch Tait* the Dade. Cuunty Liwinul-rin llepc,rt;,cnt who is trying, dc. ;;Perately to keep the forty yc,ar old brid.;e .ir. w`a: lnc; c,r,ler. We also, w.r.t r;,E: agroement that I7O i)I l l.ng5 `:ilC-u.d LC' ( arY l _ .7 V''1" tl,l s I rl�tiC tO aVO: _. further overl.oadlIlcl. WC hcive t_c, 1hS1�',t 1:+t. CI:L rt1 l�J:i`;LC`l _artleb carry insurance in favor of th,_ u;,c:c,r iyllc_ci property owners fcr d_tm.xge wili.ch could occur free ,irivirr7 pi li.nys d r ar,r y other da.,J<-c; w':: cti may i;r_ nt t.; rt ut«_:d to the develupment c,f the ;r.:cl before ,'Ja i,)r.i.a! 'Sit t';in' `.:at wilen the developer :x`uc'ht that t.,arcel i.i:at l,> k.r:ew (;xactly its limitation. we are tired of your c'Jntit-vl —t ru' '.nc1 in t,:vur Uf private ,ust :-ecause you mi.ynt I C'.'ir a lltt_1E r)lt F,:)I Ci Cax rCVc:Lai'. i:e fCtri f.hat `ne dcVeloper should be allOw'..:i to i u1.lU 'what is n )w c,*rant(,d to hiC, undf'r the p`'r! sent law, thirteen storlt Tl,dt no V,ic: iIicc' ;hould be CI17eTi it him,, i�; small as .t may su,2m to 'u, It ;JC:'^1S awfui b1-3 `_O us. ?'1ti0, tho ot'ic:r :a% I asked mr. i erez 1-,Ow j-uople wCr(, it-, avor of this Clevelopment. He told me that there wore six pk-o,)le in iav:,r. I w«elht from house to house within three hundred feu•t ._u� ". t.i,c rt ',ans not one which was in favor of this project. And I think I would like to thank Mr. "ra_.rig an,3 his developer to be so nice a:1Cl jive an );,,,n to ail the Cuban re ug, es who came in mere and are living there now in t,ose deplorable (::onditions. But at least somebody gave then; refute. 'Thank ycu. avor Ft-rre: Thai.k you, Mrs. 1,eaton. Now, you have time for rebuttal. Mr. Traurig: I waiva reb ttal, '.Ir. Mayor. I just urge that you uphold the recommendations of the t'rban Development Review Board, the Planning Department, and the Zoning board for a)proval as submitted to you. Thank you. Mayor Ferre: All right, i will submit into the record, the l.hoto,:raphs and the signatures of all the neighbors. ':here were six that were out of town but we have the frevious ones on record. Aid it is a petition, it is a signature against the zeguest as presented. All right, I will pass these... do you want to see them Plummer:' Mr. Plummer: To your right or your left. Mr. Carollo: To his left. Mayor Ferre: I go to my left or my right depending on the circumstance. Mr. Plummer: I take the wisdom of the Chair that everything is in order. Did you say the circumstances or politically expedient? Mayor Ferre: Let me ask you a question. In the other project, which is in green there across the street, there are ...iy;,ty-one units. Mr. Traurig: On a much smaller parcel of property, of course. Mayor Ferre: Y:s. One hundred and two thousand some hundred seventeen square feet. That averages out at oi,e thousand two hundred and sixty-eight square foot for apartment. Youl project, which you said wa::: substantially larger and that's wi,v you needed t}1i s. •Jar i a:: •c. , i c;:au •; ou needed more space, is one thousand three hundred and eicihty-two thousand square feet per apartment. The difference being one hundred and twelve square feet more. 107 J UN 61980 Mr. Traurig: They have a one point five one FAR, we have a one point three seven, so they obviously have ... have had the opportunity to create larger units than we are seeking to create. Mayor Ferre: Well, the t)oint is that your average units are one thousand two hundred and six ... there average units, I'm sorry, is one thousand two hundred and sixty-eight, and your average units are one thousand three hundred and eighty-two. There's one hundred and twelve thousand squire foot difference between one project and the other. ?:ow, they used pore of their Iroperty in proportion to what }•ou did. If your F.ro}ect were ... if your apartments were the same size as t1heirs, your ;.roject would be one Y,undred and fifty five thousand, nine hundred and sixty-four square feet. So, the difference being fifteen thousand square feet more. So I'm just ci:,,ing on a square foot average per aFu.rtment which is not or, that chart. The point I'm trying to make out, Mr. Traurig, is that you made a st item,_r,t t.nat t tie reason vrhy you needed an FAR variance is because you were putting in substantially larger apartments. And I just mean to point out that your apartments are ten feet by ten feet larger. Mr. Traurig: Are you using the land area in your computation? See, you're not using the building structure? Mayor Ferre: No, sir. Mr. Traurig: You're not using the building structure. Mayor Ferre: Oh, those are lot areas. I stand corrected. Mr. Traurig: You are using lot area not building areas. Mayor Ferre: Where is the building area? Do you have that? Mr. Traurig: The gross square footage of our units is eighteen hundred and ninety-four square feet. The net square footage is sixteen hundred and nine square feet. Mayo Ferre: Tell me again. Mr. Traurig: Eighteen ninety-four. The net square footage is sixteen zero nine. Mayor Ferre: Okay, I stand corrected. Mr. Plummer: Does the eighteen hundred include the balconies? Mr. Traurig: The, may I call on the architect to explain the various units? We have it broken down here and can give it to you by the enclosed area. The outdoor terraces, et cetera, we can give you all those statistics... Mr. Plummer: I asked really a simple question. Does the eighteen hundred square feet per unit include the balconies? Mr. Traurig: Oh, the balconies. No, they do not include the balconies. Mayor Ferre: Bob, this has the twenty, whatever it is setback and the twenty-five percent see through? Mr. Traurig: Yes, sir. This complies fully with that ordinance. mayor Ferre: The variance that you are asking for here is in lot area coverage, 7'm sorry, yeah, lot coverage where you want thirty-eight percent versus thirty-five and... Mr. Traurig: That is correct. Mayor Ferre: ...and the FAR where you are asking for one thirty-seven versus one ten. ist 108 J U N 61980 Mr. Traurig: Right. And the height of the accessory structure at twenty-three feet. Mayor Ferre: And the accessory structure is a parking lot? Mr. Traurig: Correct. Mayor Ferre: Okay. Further questions of the applicant? All right, what's the will... Mr. Plummer: Yes , I have a question. And I might have missed it if Mr. Traurig had it in his presentation, but let me ask of the department... don't everybody wake up at the same time. Mr. Whiplle, reference to traffic. Have we, on record, are indication from the super wand in the sky called Traffic and Transportation? Mr. Whipple: Check the file for Dade County's response to the advertisement for the Zoning Board. Mr. Plummer: fir. Traurig, also my concern, and I don't know if you are prepared to address, where is the ingress and egress from this parcel? I think it has a direct bearing on the toll plaza that exists there today. Mr. Whipple: The toll plaza is considerably West of the subject property. Mr. Plummer: I understand. Half the time there aren't people in the thing. I was amazed. ?:r. 54hipple: The commentary by Dade County Traffic at the time of the Zoning Board said that the ramps should be designed for a minimum of sixteen feet in width. The exit drive next to the exit ramp should be eliminated due to the lack of site distance. There are no further comments with re_--L,ect to traffic. Mr. Plummer: Does this plan as submitted comply with those requirements? '".r. Whipple—jr. Catardi .... Mr. Plummer: I don't pay Mr.Catardi, I pay you, sir. Mr. Whipple: I assume that they are complying with it. Mr. Plummer: The streets of hell are paved with assumptions. Mr. Whipple: I don't know. Mr. Plummer: Then find out. Mr. Whipple: Mr. Catardi, are you complying with the Dade County Traffic recommendation? Mr. Catardi: Tomas Catardi, architect. 2450 Cordoba Street, Coral Gables. Yes, we are complying with the recommendations. Mr. Plummer: Thank you. Mayor Ferre: Okay? Mr. Plummer: My question was answered, yes. Mr. Traurig: You question was not answered. Let me show you... Mr. Plummer: No, it was answered. You're in compliance. Mayor Ferre: All right, any further questions? All right, what's the will of this Commission? What is the will of this Commission? Mr. Plummer: Well, like I always told you, when everything else fails, I'll be willing to make a motion if nobody else is. ist I©o JUN 6 NO Mayor Ferre: The Chair recognizes Pocket Item Plummer. Mr. Plummer: Mr. Mayor, I have to concur with the Zoning Board. I think it is a beautiful addition. I see nothing wrong it, Mr. Mayor. I think it is in accordance. The one thine, that I think we have to keep in mind as we have seen development, thin does comply with the recent thing that the City passed, the City voters, the setbacks and things of ;.'hat nature. There is only so much waterfront to be enjoyed by really too few. This affords the opportunity for more people to enjoy the natural :-,eauty of this community and I move that we uphold the Planning Board, the ,'ri:an Development Review Board, excuse me? And the department? No, I'd nf--ve uphold the department. Of course, I move for approval, 1-1r. Mayor. Mayor Ferre: Is there a second? Mr. Lacasa: Second. Mayor Ferre: Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 80-429 A RESOLUTION GRANTING A PETITION FOR A PLANNED AREA DEVELOPMENT (PAD) ON TENTATIVE PLAT NO. 1083 - "VENETIAN HARBOR", BEING APPROXIMATELY 1014-1090 VENETIAN WAY, AS PER. ARTICLE XXI-I OF THE COMPREHENSIVE ZONING ORDINANCE 6871, AS PLR PLANS ON FILE, SAID PAD TO CONSIST OF ONE' HL"NDRFD AND TW}'Ni'Y THREE (123) RESIDENTIAL 1-WITS AND SUBJECT TO Ri?PLATTING; AND SUBJECT TO THE: URBAN DEVELOP'.11"NT FI'VIEW BOARD'S RECOMMENDATIONS; ZO`7LD R-4 (MEDIUM DENSITY) (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. Vice -Mayor Armando Lacasa Commissioner (Rev.) Theodore R. Gibson Commissioner Joe Carollo *Mayor Maurice A. Ferre NOES: None ON ROLL CALL: *Mayor Ferre: I objected to the mass of the building last time. I notice you didn't bring it out this time, for which I thank you. I really am not going to superimpose my judgment on architectural beauty on PAD process, the Planning Department, and everybody else who has looked at this, and I will vote with the motion, so you have a unanimous vote. i10 ist JUN 619 v Mr. Plummer: Mr. Mayor, I have two items to bring up in relation to zoning. Mayor Ferre: Go ahead. Mr. Plummer: Mr. Mayor, I have been, very recently, greatly alarmed by my travels in particular, in the Brickell area. I hope nobody accuses me later that. I didn't bring this up on the pubiic record. Mr. Mayor, I am very much coneerneu about priv;ite clubs, the }-folders of alcoholic beveraae license- that exist, presentiy, our would ii1 thu .`uture, in apartment hou5,-�s, multiple al,artmcnts, ,:nr3 conJ,,mi:'.iurls. 1 think that we have demonst r:i,,iti',e eviOence that thls or,iinal ct. i£S in hire need of a restudy. Some of you arc- very ff,,miIiar, a:,-t i'I:1 oGr. You, .'`:r. ?11.3yor, in particular, one of t-ne qrc at•__>t i r.:.,1e, s (-f a .,,, traffic: exists Yreserrtiy on Arii:keil i•vk•,.:,: almos„ to tiie t.-x 1,.i-ion of three other cor, ]omz:.i`.1: ir; the area wi car,nut. t'vel, "ut iu 7., It r.i(;ht because of the traffic .fiat i!, gen,;ratf:d, :jot rl`r a .:oildo 'but :y .. i)!-Iv]te club of w—ich t]le CJr,C.i read? has Ilo coI,CFGi over. I think this CorrLmission needs to look again at thi rules .x1 rt (julatinnc Uc,-.,(,r ins; tr,C size, seating capacity, c,,erati.onal hoLxs, r l_f:iny reuuiromc•r.ts, c.nd I would offer, at this time, is it ir. T)i i..r, --nat a morat:.,riui-.i be placed until this matter can be completely reviewed by the department on... Mayor Ferre: Moratorium on what Mr. Plummer: ...on private clues ii. <::l:art.mentt: and cc.-:3,)S. That if it is l.roi:er, that a r-oratorium, so that we don't create a rash of applications while this Commission is taking the time to restudy t':ie entire issue of alcoholic and beverage licenses existing in multiple apartments and condominiums. Now, I don't know if that's proper, Mr. City Attorney, or it's legal. Mayor Ferre: Let me expre3s an opinion on that, J. L. I might agree for my oae vote on that, with you, as long as you're not doinq it for people who are creatir;g lounges, or clubs, or beverage spots for their own use. I don't Mink you can deny an apartment project the right, you know, to have a little club for their two or three hundred, or four hundred apartments, or whatever. Mr. Plummer: Mr. Mayor , I included in my original statements, that were open to the public. Mayor Ferre: Yeah, were open to the public. It's a different thing. Mr. Plummer: Right, I have, you know, I don't in any way... Mayor Ferre: The only other problem that I have with that, are you saying it's city wide? Mr. Plummer: Yes, sir. Mayor Ferre: For example then, you're not going to let Gould build any clubs for his property. Mr. Plummer: Sir, I didn't say that we're not going to stop it. I'm saying we need to restudy and rethink the issue:. All I'm thinking, Mr. Mayor, very simply that there exists now, which I made in my original comments, a private club existing along the Brickell Avenue area which on many occassions is denyii,g the right of three other condominiums to even get ist III I!. 1 5 1n I.fy 4 C Mr. Plummer (continued): home. And I think that we need to relook at this, that we need to restudy it as to size, as to the required parking, to the hours of operation, to the amount of seating, and I think we need to look into the entire ordinances relating to this properly. Mr. Whipple, if you wish to comment. I didn't discuss this with you but.. Mr. Whipple: I would only have one comment ,,nd tt,at oc,.rlci 1_: with respect to your suggestion of a possible moratorium. Just so, if I may make three points here, 1rivate clubs presently. Now they weren't, and we go back to say eight, ten years ago, private clubs are presently conditional uses in all residential districts. Now, they didn't use to be. Mr. Plummer: Mr. Whipple, I did not, my terminology was bad. I'm including private clues but I'm also including anything other than an accessory use to the building and its occupants. Mr. Whipple: That was my second and third points. And then, automatic, without conditional. ur,QF are re��taurants if you have so many units, and other convenient type ezt-ablishments if you have so many units. So, we don't have any direct control on those. And if you wish the La,,-: Departmer:t to put some kind of hold on that then we can wrestle with it. I'm just sucigesti-ng the conditional ue process as far as the type of clld)s goes, we can hold those because they have to be evaluated on every case. Mr. Plummer: Well, t's. Whipple, one only has to travel on a Friday or Saturday night on Brickell Avenue to see the need for rethinking. Mr. Whipple: I understand you point. You know, you're right, you know, but that's just a big a problem there also. Mr. Plummer: They don't have a private club, they have a restaurant. Mr. Whipple: The have a very successful restaurant and lounge which also contributes some. Mr. Plummer: Not lounge. They have a small lounge. Very small. You can't see twenty people in that. lounge. Dtr. Mayor, I don't know whether I should do that in the form of a motion. I'm not trying to financially hurt anybody. I just think that the need is demonstrated, that we need to rethink this issue. And whatever way this Commission feels that it's proper, I think we're at that point of needing to do such. Mayor Ferre: Tell me again. You want to do what? Mr. Plummer: I think the matter needs to be completely rethought. Mayor Ferre: So do you still want to put a moratorium? Mir. Plummer: Mr. Mayor, the only reason I would put a moratorium is to, is it presently a conditional use? All of them? Mr. Whipple: For private club only. Not the restaurants and other retail uses that might be premitted. They are automatic as long as you meet the minimum number of units. Mr. Plummer: but they are accessory uses to the units, not open to the general public? Mr. Whipple: That is part of what you are requesting to be rethought. The question is, how do you keep restaurants that we know exist in apartment buildings from access by the public? Mr. Plummer: Dick, I can't do anything about thcae that are there. Okay? I'm thinking to the future. We are having a lot of new buildings going up, condos going up, and I have no problems with drug stores, or whatever as accessory uses to the building, but when they start opening to the 112 ist J J N 61980 a Mr. Plummer (continued): general public is when you get into a different situation. Now Mr. Mayor, I'd even �jo to the point of having, I think the department understands, and the administration, what my problem is. And I think a problem that this Commission must face. If you'd like to come back to us at the next meeting with some reco;urnerdations, I would have no problem with that. Mayor F.rrc:: J. I-, I would be supportive, bit I would like to ask that you :)ut t;ie following conditions on that 1-,Qcausa we don't know what's going to com- out of the woodwork on this. I mean, none of us really know the t ul l extent. hfiy don't we do th.-, following? Why don't we pass it as a r(_solution now and call for a public hearing on it. I think you've ,:it to wive those people a chance. "'r. Plummer: Mr. 1•iayc.>r, 1 woula do 5']CI'1 dite_r we've had som,? rethinking. I would rather have the bernefit of t:linking first, and that the department then call, if in fact, we decide we want to do something. We might not decide we do. Mayor Ferre: All right, do you want to put a moratorium? What's the time limit on it? Mr. Plummer: How long is it going to take them to do a study? Thirty days? We're only limited by Mayor Ferre: All right, then would you make your motion the following way? That the moratorium be placed for thirty days and that a public hearing be held before we qo into recess in August? Mr. Whipple: Normally, if we report back in thirty days and give you the generalities of what we attempt to do... Mr. Plummer: Let me do it another way, Dick. Mr. Whipple: ...then we would get the amendment in front of the PAB and start the public hearing process. Mr. Plummer: All right, wait a minute. I want you to report back to us. Okay? Let me do it this way and I think it will alleviate the Mayor's fears, okay? That you make a study of the matter and report back to this Commission. That this Commission will not enact any changes until a public hearing is held. would that alleviate? Mayor Ferre: Okay. Sure. Mr. Plummer: And I don't even really want to make it in the form of a moiton. You are instructed to do such and come yin back, as far as I'm concerned. Do you need a motion? Mayor Ferre: Does everybody concurr with that? All right, in other words, you are under instruction by this Commission, on the record to proceed with that study. ist 113 J U N 61980 f f V ..Lf� 39. POSSIBLE SCREE;,TN'G REQUIR1-241:i::'S ',1:ILT)I::GS RA7.1:D/D1:'10LlSHCD. Mr. Plummer: Mr. Mayor, I !:.eve another problem. Recently, we have found, and especially in the downtown area, Dick, or the admix-LEt.ration, whoever, and here I'll name it because it's gone and that's it. The Tamiami... excuse m,-, the P -�ncc Hotel was t,,rn dow:i, Dick, directly across from Walgreens. 0}:ay? Now, if you walk by th(�r.E• today, that place is horn ihile. We are p(erc.inq, .and the DIDA are spending Illill io-;s of dollars in l..ndnca::iny to upnr.,cie the e:owntuwn, Street. To the Legal DepartI;'.'`it, iS it legal for t.hlc Corr i4�;sioI: tC rc-quire that those 1. eCij le , iL t r,(' ri-i;ne ; t what.. -% er , . % I "'E' I dI1c15C�t '] ntl I r, `cont of a pi.c}:et f.c:,: e j i; a bom ),, cl out ar,a. .;r.:crstan ::r. r ,t.s1G, that that 1,3Tticular parc-ol of property is 10 .` 7.11e sit V.CaT?t, aS it iS, in its clisgrac-.�ful manner for close to a y(2ar. Anr, it is, disgraceful. I am cone;erlied that thf, people who are J.n t:.e dj,',rntc, n <lrE'•:1, who are going to be walking L,., this and other parcols of property, w1,,,i(,}1 w-:, understand that are, you know, hopefully be tor:': (.c,.cn and we,'re all ir, favor of, 1 just thin}-. it's only right that these xeople should be rEe(p;ired to hide their own ugliness. Now, how do we accomplish that? Is there such a way? Mr. Gr.assie: Yes there is, Cummissioner. We probably need an ordinance amendment. If the City Commission feels that's appropriate, we'll draft one and bring that to you. Mr. Plummer: Fine, I have no problem. As long as you can do ... I'm not trying co say that they've got: to put a lush tropical garden. You know. But .�,D feel that in some way, they should be required to hide that ugliness that exists there resently. Especially on Flaqler Street. You know, I'm just trying to help enhance the beauty of downtown Miami. AT 9:25 P.M., THE CITY COMMISSION ADJOURNED THE PLANNING AND ZONING PORTION OF T11E ;'Lr.'TI°7G AND TOOK. UP MATTERS ON THE REGULAR AGENDA Fat)„,r c,ibson: ;•1r. Mayor, i want to go back tonight and lets not deal with zoning, it disturbs me. 71r. Plummer: Then I would suggest you adjourn the zoning meeting and then... Mayor Ferre: We stand adjourned on the Zoning meeting. Is that correct? All right, Father, for what purposes do you wish... Father Gibson: Mr. Mayor, I'm hurt deceived... Mayor Ferre: Just give me the subject. ist 314 JUN G NO 0 Father Gibson: ...and destroyed. Mayor Ferre; Just give me the subject so I can recognize you. Father Gibson: I want to take up item well, I'll read this.memorandum that I got, signed by the City Attorney, with regard to contract between City of Miami and Marine Stadium Enterprises, Inc. Mayor Ferre: All right, the Chair will recognize you for the purposes of discussing that item. Joe, do you have another item you want to discuss? Would you state what it is? Mr. Carollo: Yes, sir. It has to do with one of our Assistant City Managers going out of the City and failing to report bark to the Commission. Especially on a subject that all of us are getting constant calls about in our offices. Mayor Ferre: All right. I will recognize you for that subject to. Are there any other subjects that need to be discussed tonight? All right, go ahead, Father. Father Gibson: Mr. mayor, I try hard in my way of dealing and living, that: whatever people tell. me I take it for w}tat it's worth and take it at their worc;. I find it very, very to receive a memorandum ffo:, thc- r._:.ty Attorrio, toilinci m.:: that certain things could be none and then, i)efc,re the eveniii�i is gon<:, I get wore: from the same person that this cunnc,t bc. Let r.•_' ire i)ecific. :•:r. 1.r.ox writers a memo dated June !9BO, 1iJncr;ible Ferro, i!cyor, ar-i members of tht. !'lty C�=.-.`:ier: City Of �aa:itl lira: .�arlrit: , "^ lease StaC3iu:;5 � Ei,Ttcrprise, Inc., cGra . Knox, Tr. Citrttc,T r y u1 be advised that there i.s r.0 le ul I' to :7: for ti.e' l 2"Oj ". Sud Contract between City Of Milini ':, rine :-tadiull, I.I,tF rl:r"1SE 5, In(-,. not to bt, r'::Lerr'd into at tI11S tlmt. I t�:"u, r 1; lii)OT? wi-iat ,.CC .i ' t.Cr! no. I. want E`.r�'Y'•D! j' to understand that l lives a lift: that wi._., ,0'1 tell mr_ someth g t.;tat's what I belir:ve. Mr. }r,ox tell:, me, and not tel.ii. til•' the truth, yOtl don, t }lave t0 at Ill•:• undei oat.':, tie a,, gft up and _ it me. i 113r. 1:ncx tc l i_ me i,•. f�, ._ we a�.�oLrr:e'. :or the Z,)::i: .r ��•.i ,. q, cr shortly thereafter, that tiic udge called a member of his stiff ard. Laid that if the contract lDelwet_n this comp.:":, ana the City :,ad not been signed, not to sign it. I want to make thillc.-);ament in pubic so that Mr. Knox will h;:.ve the OppOrt'.lnity to 'efcrid himself, and c-.�rtaln`v Las-_ the I:ain and anc,;uish whici, I am uncieTgciil3 at t:,is time. It _.,-ems to me, that people who work f r `tie City u_ ,,i�rd, w'netht•r itx, the staff, oIthe manager, when we take ccrt in acts -.Dr., if those a•.:ions are not ir. coriform-'ty with tho law, they ,avid respor,EJ-'iilit', t mI)r—al re:-•;`C%null llit'J and Obligation esrieci ,ily if we arr ir, session, to aCC1 .:nine llS ti•Ji t., the :Li C't tn,-it we are iiot op•:-ratlno It>gally, of:c:nl.y end i7ULul..l}'. that: not Lt:lncj 'ht., case, I then mist' al.nthLr in my mind, arid I can't prove this, but maybe: thi . is what ':r. Carollo was trying tom, do, , ut them a:id�r �sth. I now Clucstion, �:ori<-isly, whether Gf not shell a telc.i t,cnti :'all war= not induced, i;:rSU:rdF'C', ;rU ::, va-;o`ed. NrCw, I'mi _n a:. Unfortunar.l(:%,, _ <:1elli't know Wr,at Mr. wa.� t.r :'ing t0 cdo at the begin:Iincr of thr Cyr is;iur: ertir,_3, so I ii. a F_:,i, anr: an honest fool, was oi,posed tr) pu'_ t i.nc1 <,riybody under oat h. I that you had, honor and if you don't h„vc t.'iat, rr,y bi-oth r, nc; ::w you sass, r.o ..tandard you raise will natter r,,-)r help. :i(-)w, I tile:, r'i''ra:: t`. �tiC ':u::dgrr, it is ,trangt' inc: ,:i: ni.'1:.,^t, want to _.. tc) t}.is C _,.i n, t-1:at ; raised this pointsone ago. I don't know the ,"flea inva:Lved, ti;ey are not my friends, but when people Como to this mike in an open rind I talky a position and I take the ?ositictll in goud conscious. Mr. Mayor, you nuiy 1~ 1',L—,,:ber, and others members of the Commission wlio were here at the time, When Mr. Kevitz, is that his name, who nwnc thr, hnildins, that Metro_now rents from,.... UNIDENTIFIED Revitz. Father Gibson: Revitz came ht,re and he was giving you all hell. I don't know if you were here at that time, Mr. Grassie, Revitz was giving this Commission hell about the zoning on that piece of land. He stood there, and I said to Mr. Revitz, Mr. Revitz, please trust me. I promise you that the �.15 J u N G ist 19an Father Gibson (continued): Commission will do what it says. Revitz came back here at the time appointed, and Revitz stood there and pointed his finger at me and said, Reverend, I tr.isted you. I don't. know if you remember that. I told you all that I don't have people i>cil.t.ing their fingers at me saying I'm a liar. I resent it. My w;;olc 1i14-e is on the lir..? when that ha, pens. The "tanager promi bed that thi s ,i ,..umunt would have been signed. I got the promise again today that it be signed. And what distrubs re and hurts my soul 11as -,uw co -Me up at tills lute hour, the judge has prct:ibited you fr,-)m signing. Father we know what we are doing or we don't know. Mr. Mayor, I •ca;not livo and will not live under that kind of circumstance. I think, either you tell me the -ruth or I'll have to do like Mr. Carrillo each time, put you under oath and let your perjure yourself. Now I don't know what else I'm going to get, but I want an answer. I don't want any shuckin' and jivin' and I mean business. Because my credibility is shot. Mayor Ferr.e: All right, Mr. Knox, for your statement, and Mr. Grassie for yours. Mr. Knox: Mr. Mayor and members of the Commission, the memorandum to which Commissioner Gibson refers, I dictated at eighty -thirty this morning. It was distributed to the City Commission at one thirty. I was called at approximately four o'clock this afternoon... Mayor Ferre: You were called? Mr. Knox: ...yes. By the attorney who represents Mr. Rabun who owns the... who has the concession for adjacent property, who was at that time, in the Chambers of Judge George Orr. Mr. Carollo: Mr. Knox, excuse me, what is the attorney's name who represents Mr. Rabun? Mr. Knox: I don't recall his name. Mr. nl�_uomer: John 71-somas. Mr. Knox: That attorney had indicated that ... that attorney advised me that he was there seeking a temporary restraining order or an emergency injunction seeking to prohibit the execution of the contract between the City and Marine Stadium Enterprises. And that Judge Orr wanted someone from the Law Department to be present.' I advised him at that time that the contract had beer, executed, because it was my understanding or, I believed that it had been. I dispatched an assistant city attorney to the judge's chambers. Jude Orr asked the question; whether or not the contract had been executed. On my instruction_-, the assistant city attorney advised the judge that it had. N.r. Thomas, if that's who it was, insisted t;,at the contract had not been executed. In any event, Judge Orr indicated if the contract had not been executed, then it should not be executed until this coming Wednesday when he would have a hearing. Mr. Carollo: George, I'm sorry, I'm sorry but you stated something there that kind of surprised me. How would this attorney know that the contract had not been executed. Mr. Knox: I have no idea. Mr. Carollo: Unless someone with from the City, with the knowledge that the contract had not been executed, had informed this attorney so. Mr. Knox: I can only tell you what the attorney represented to the judge. Mr. Carollo: Quite interesting. Mr. Knox: I beg your pardon? Mr. Carollo: It's quite interesting, George. ist 116 � J iv 6 19W Mr. Plummer: Mr. Knox, may I inquire, sir, as to who the distribution of that memo went to beside the Mayor and Commission? Mr. Knox: The City Manager. Mr. Carollo: Maybe Father Gibson has a point, make it a habit of placing people under oath here, or at least until they start telling the truth. Mr. Plummer: Excuse me, Mr. Mayor, your ruling before was to give each on the opportunity and I think that now we should h`ar from the Manager if he has anything that he wants to add. Mr. Grassie: Yeah, I certainly do. Especially after all the discussion that we've had tc;1 ay. I really feel worse, or almost worse about this case than Father Gibson does. Because, well, you asked me about five o'clock whether we were going to siyr; ^ne thin(] and I thought I was representing to you honestly t;;at wc- would. A,:d I was... Mr. Plummer: Well, lets quit. be�inq aruund the bush here. Okay? We're all big boys. To the .cst of yo.;r knowlecgt, did you or anyone of your organization notify the opFx)sition that this ruling had been handed down. You know, that's realiy t:.e whom_ i,ine yards. Mayor Ferre: No, that's not the question. -.r. Plummer: Well what is the question? Mr. Grassie: Well I can speak very clearly to that because I got the ruling, Commissioner, at the same time that you did, standing right there, at one thirty, and we went into session immediately after that. Mayor Ferre: I think the question ... Oh, I see what you mean by the ruling. I thought you mean the fudges ruling. You mean this legal document... Mr. Plummer: Yeah. I, you know, suddenly, I heard this attorney from the other side, who stood here and voiced in very vocal terms at the last Commission meeting that they were being kept in the dark. And yet we find today, that a memo which was only supposedly, according to the City Attorney, .:,ddressed to this Commission and to the City Manager, suddenly they are no longer in the dark. And I just question, you know, and I assume that's the question being raised. I don't know what else is to be askew. I really don't. Look, let me say something. It's unfortunate okay? What's unfortunate is the fact there is no question the City has the right to do what we did. And Isn't it ironic that it's in the court of the same man who was overruled in tho original quesiton. It was Judge Orr who made the decision in reference to Grove Key Marina, who was overturned and reversed. Mayor Ferre: How did it get to Judge Orr? That's the question... Mr. Plummer: It's immaterial. Mayor Ferre: No it isn't. Mr. Plummer: It's immaterial. I say it's ironic. Mayor Ferre: But I'd like to ask George Knox, how come that guy went to Judge Orr? Can he go to any Judge he wants? Mr. Plummer: It's a blind filing system, isn't it? Mr. Knox: Well, if he went on an emeryc�ncy matter, and this is something we can check out, if he went on an emergency matter, he would be referred to the emergency judge. And it maybe that Judge Orr was the emergency judge. 117 ist JUN 61980 Mayor Ferre: Why is it we always end up with Judge Orr? Mr. Plummer: But that's not the point I'm trying to make. The point I'm trying to make, Maurice, is this same question that is being raised by Rabun and Associates through their attorney, is the same question brought up by Mr. Sadowski in reference to Grove Key. The judge, the same judge ruled in favor of Mr. Sadowski Mayor Ferre: Not Sadowski, Sakolski. Mr. Plummer: Sakolski, and he was reversed by the Third District Court of Appeals and reversed. I'm confident that the City will prevail. I have no question. Mayor Ferre: You're confident that lightening will not strike twice, is that it? Mr. Plummer: I should hope not. Only cats have nine lives, humans have one. Mr. Carollo: I'm glad you made that statement here, Mr. Plummer. I think it should be well remembered for the future. Mr. Grassie: I think another thing to keep in mind is that, my understanding from the City Attorney is that this applies only to Wednesday. Assuming that that is lifted Wednesday, you know, we can still execute the document first thing Wednesday as soon as they tell me that it's all right. Mayor Ferre: I hope, I don't mean to be curt or sarcastic, Mr. Grassie, I hope next time you move a little bit more expeditiously in signing some of these documcnts once the clarification is made on legal matters. Mr. Grassie: Well, that was at one thirty today so when we started the meeting... Mayor Ferre: It was yesterday afternoon. Mr. Grassie: Well, that's simply not the case. Mayor Ferre: I was in the office when you and I talked to George Knox. Mr. Grassie: This is what we've been waiting for which is what you asked for. Mayor Ferre: Are you saying that you didn't trust Mr. Knox's word or my word? He told you on the phone, he told me on the phone in front of you that there was no legal impediment for you to sign that. And your statement to me was, if that's the case, then I will sign it. That was yesterday afternoon. Mr. Grassie: Yeah, you have it in the record, at your request, Mayor, that you wanted the City Attorney to put that opinion in writing. Mayor Ferre: I understand that. That's the only thing we've been waiting... Mayor Ferre: I understand that. But there was no reason, well, what I'm saying is that we really hzve to, on these things, is move expeditiously. And sorr•eti.mes, when we know that these matters are as involved in legal technicalities as this, I think it's absolutely essential that we move expeditiously. All right, is there anything else we car, do at this point, Mr. Knox? Mr. Knox: There is a hearing on Wednesday and we will promptly advise the Commission on that rearing. Mayor Ferre: I would like to request that you personally attend to this item, would you please? Mr. Knox: Yes, sir. ist Mr. Carollo: You know, it's not funny, it's kind of shocking and disturbing that our City Manager can move so quickly on certain things and so slowly on others. Mayor Ferre: All right, anytl-,ing else or', this item? 41. 11:UI I RY AS TO STATUS OF RL.FU(;F.I:S AT FORT Gl><1FFI:L-::0 REPORT RECEIVED FROM ADNINISTRATION (C. ODTO) Mayor Ferre: Mr. Carollo, you had an item you wanted to discuss. mr. Carollo: Yes, Mr. Mayor. I " 1 try to make it as quick as possible. You know, I've been very disturbed the last two days about... Mayor Ferre: I've noticed. Mr. Carollo: ...having the coo,>t,rat.ion that we do from this adminstration, I'm disturbed everyday to hit the nail right on the head. But I'm disturbed about another particular issue. You know, every member of this Commission I'm sure, receives dozens of phone calls every given week of Cuban relatives calling in about what car, they dot yt t t}�F-i; relutive� ti:�t aru .ir. otter parts of the country, t_r` it a tJ cji�t 1rrL<,r lat:lOn, e*CCtr'ra, etC'rter,i. Well, to my T_,�rrt of wets ,. I found U:it, a; ter tney c...ce back, our Assistant City ce:3iir Udio weft to Y,,rt Cl:affE;'. And I'm sure there w(-rc than : "IC, that W-).11c nave liked to have t.jll:ed to him be`: discussed with fir:dir.q �,:_ I know I him cE•rtazr, t'.-:ing:; ti�at. Li.�.:y H•��1� iru_crc�ti���d ir; r. did. Sir, I articular t.::.ings I needed to know so I could tell tlnc_ cc,nununity t:iat is cailin�, m;✓ Offl:c' trying to find out, tell my cOnE_tjtutency• No notice, out of court,.�sy if anvthing else, was 4ive;, tO us, that he was going up there. Then when he came back, not a word, to my knowledge, to any member of this Commission, even a note as to what the conditions were over there, what he saw, what ire observed. Not a word. I'm very very ul.set that our new(st assistant city manager does not fall into the bad influence of some of our senior me:,bers in the alministration. And Mr. Odio left again today fcr Port Chaffey. I i:ad t,: find out for a seventh or tenth source, that he will be returning Mor,:iay. Whenever '-le rt turns, I want a complete accountability of what he did over there, of what he observed, what the conditions are over there, in writing, immediately, to every memeber of this Commission. Mayor Ferre: I must say on the record, that in this particular case, I happen to agree with Commissioner Carollo. This is an item of great sensitivity, great concern to the whole community, and specifically to this Commission. And I think, if nothing else, just out of common courtesy and communication, an assistant city manager whz) is dealing in such a sensitive arcs should, 1f nothing other than a phone call from a pay booth at the airport, or two mi;%utes from his o_`fice, particularly to Commissioner i,•iC'aE.d "t,G Co.^im-c.C,-ion(,r Car:,1:C. :vOW, _ happen to have seen Ceas,<r G,ilo wail: inn arc,,-2nd v_. ;tai_ . z:,d I happen to talk to him about his visit to Fort Chaffey. rut, a.,d I'm very grezitful that he did tell me what he told me. It was ci chance meeting, it :oi:;cidental, I (ion't think he !-.Amu vvt'r t), I r can, that I, that he wa; C:O.n,; ':his specifically to see m,_ on thi.� subject, but in a matter of s,.ich high volitility and !,-nsitivity, I really think that it's just pure common sense that: he co:=unicate better. I can't disagree with that. It's a reasonable request. U9 ist JUN 61980 Mr. Plummer: Mr. Mayor, I concurr with both you and Mr. Carollo that this Commission should, at all time, be kept well informed whenever Possible, whether required or not, but I don't want this conversation to cease. That in any way, shape or form, that this Commission is chastizing Mr. Odio for his participation in this endeavor becasue I want... Mr. Carollo: That's not the issue, J. L. ... Mayor Ferre: No, no... Mr. Carollo: That's not the issue at all. Mayor Ferre: Carollo didn't say that. Mr. Plummer: But I don't want it to be misinterpreted, Mr. Mayor. I know what you're saying because... Mayor Ferre: Nobody is chastizing, lie did... that's wonderful... Mr. Plummer: ...that man, that one individual beat his brains against the wall, and worked liked a dog in that Orange Bowl, and I many times worked side by side with him. And I don't want him to be up in Arkansas tonight and somebody call him and say, boy that Commission ripped you apart... Mayor Ferre: J. L... Mr. Plummer: ...because overall... Mayor Ferre: Nobody is chastizing that man... Mr. Carollo: J. L., nobody is chastizing him. Mr. Plummer: Okay, I just want it understood that I know what that man did :n the Or?nge Bowl. Mr. Carollo: For the record, there were a heck of a lot of our City employees beating their heads against the wall in the Orange Bowl, working, volunteering. Mayor Ferre: Which by the way, we ought to recognize in the same that we recognize the other. Mr. Plummer: Mr. Carollo, but the rest of the City employees names were not brought up here this evening. That's the only I brought up his, and in defense of him who is not here. I agree with you, sir. I think it would be right, that as the chain of command, that he report to his commanding officer, who is Mr. Grassie, and in return, Mr. Grassie furnish to every member of this Commission not only this which is a vital concern to this Commission, but anything in an informative manner should be given to us in reports. I don't disagree. Mayor Ferre: J. L., its' not even that complicated. It's a ... Mr. Carollo: That's the only point we're trying to make, J. L. Mayor Ferre: ...it's a simple question of picking up a phone and saying to Joe, and to Armando especially, I was at Fort Chaffey dealing with the Cuban issue, and I want to tell you, I don't have much time, I've got two minutes, but I want to tell you if you want me to come visit you aft(r I return, or next week, I'd be happy to chat with you but I just want to inform you that I'm doing this. Mr. Lacasa: Odio did tell me that he was going to Fort Chaffey. However, what I see is the point that Carollo is making, and it is that we wanted �2U ist Mr. Lacasa (continued): to know the results and we were not told about the results of his first visit. Actually ,it is now that I realize that it is two visits, not one. I thought that it was this one and I realize now that there was a previous one. Iiut the cuestion is that we don't have that line of communication that I have or. so many other occassions discussed here, with the administration. A;:d that we do need that the administration realize that we have to fa(-(-- the public. This Commission is the one directly T esix)nsive to the Pubi ic. when something happens, whether the Cuban refugees or whatever, that affects in any way shave or form, .the City of Pliami, it is us, or. phis Commission the ones that are bombarded with reouests of inf-,i7ation, telephone calls, and so on, and so on. And in turn it is this Commission the one that faces the voters of the City of .,iami every so many years and put their political life on the line. Based on what? based on our performance here, based on our ability to res;,or,r: to that constituency that elects us so we can direct the City of Miami, so unless we have the cooperation of the administration, which is the one in ci,arge of the day to day operation, there is no way that neitl-,e�r one of as can do our job. Because I don't see my :,oh as a City Cen,,:nissior;er as just coming here once or twice a month, sit down and pass some resr)lutions and then go back to my regular, normal life. I coire here on a daily basis, and on a daily basis I face the fun, th,-� visits, th- letters and the questions-, from a constituency that is out there tl-iirty days a month. So it is, regardless of whatever somebody a few year:; age when it created the Charter, might have felt, this is a full time job. A full time job, one that the Commission has in continuous touch with the constituency that put us here and that will or might not keep us hare. So therefore, the only solution to this, Joe, is that the administration and the Commission work together. If we don't qQt the support, s�rrl)ort with a capital "s" that tl;e Commission riceids to do its j -)b, the information and the responsiveness of the staff at whatever the, level, of all departments, we cannot do our job. Tne City of Miami is now and .a5 for many years, been under a tremendous pressure by many interests, by many, :zany, interests in this community of ours, drat aim to intergrate this City into the k^llnty a*-d destroy the City as a municipal entity independent municipal entity. It is us, here, the ones that politically can keep this City alive. It is the political leaders of this community, and basically of this City, and those are us here, elected by the people of the City of Miami who can motivate the voters and the citizens of the City of Miami to retain this City as an independent municipal entity. And unless we have the credibility of that constituency, the time will come when we will need them and the won't be there, simply because we would have lost our credibility. And that credibility might be lost if we don't get the support of the staff. And this continuous bickering and infighting in-house between the staff and the City Co.-unission(11nesn't get us anywhere because unfortunately, the people out there see us as the responsible ones because they elect us. They did not elect you or the rest of the staff here. They elected us so they ask from us, and they expect the answers from us. Arid unless we can provide them those answers, we are not succeeding in our job. And the only, in accordance with the structure of the City government, the only ones that can help us to discharge our responsibilities in that fas!:ion is the staff. So, it boils down to once and for all, define and come to and understanding between the administration and the Commission. Because, hopefully, we all want the same: thing; the better functioning of the City of Miami, and the better services to our constituency. And if w(' coul,i, fur CinCC', urictersttand the role that each mem:,er of th1G local (4ovt,rnrnv,t ljlays, anu respect that role, ;�,r:d )e slipncirtive cf tl-,at role, then we will have a functioning governiment, because I ,ubrnit to you, and today has b«-en the best example of all, that we don't have today, a real good functioning Citv of Miami government because there is fra r;,entation, a complete fratmentation here and a polarization between the two responsibile bodies, the administrative, and to call it in a certain way, the legislative body of the government of the City of Miami. Mr. Carollo: One last statement, if I may, Mr, mayor, one last thing that I'm convinced of, Armando, is that we're getting a super "s" from the administration but not for support. ist 121 J UN 6 i960 Mr. Carollo: I just received the information from my aide just a few minutes ago, over the phone. You know, Mr. Grassie, she called your office inquiring information as to the trim to Fort Chaffey and everything else that went on, and we still have not received it. You know, and this just seems to be the case time, and time again, that at least my office, when we send you a memorandum or wtu�n we call you, it either- takes forever to get an answer or nine. at all. Furthermore, you know, if it's so, this plane trip to Fort Chaffey was planned and people were handpicked by the White House, that's fine, 'r not concerned. You know, if they don't want Mr. Lacasa and myself up tht•re, that's fine. After November, I' m convinced that we're doing to have a now acurd nistration that -Is going to be a lot friendlier to us. But you know, if they want to put aside the people that were elected by the majority of the community here, which happens to be Latin also,the population of Miami, the people that would probably be in the best position to calm t.or,sions and really get true pictures in the best way, that's fine. But a, least I want to know, and if someone from the City of Miami is going that we are going to be informed of what is happening on the whole trip. Mr. Plummer: (INAUDIBLE COM`ENT SPOKEN AWAY FROM THE MICROPHONE) Mayor Ferre: Yes, tre President is going to be here on Monday from 4:30 to 7:30. Mr. Carollo: Well I think he's the President, I think he's still the President of the United States, I'm not too sure. Mr. Carllo: Until November. Mr. Plummer: Maurice, the reason I asked, you know, I don't know what the itinerary is, I don't even know the phone number of the White House. I'm asking you as our Mayor and a close friend of Jimmy, is anything expected of us as Commissioners? Shall we be there to make appearances? Anything expected of us or do we go to the beach on Monday and forget about it. Mayor Ferre: Seriously, Gene Idenberg called me yesterday to inform me, off the record, that today there would be an announcement. They asked me not to say anything about it. Jack Watson's Office called me tc3ay to let me know that the President would be here from 4:30 to 7:30 and my reaction is, well that's wonderful. Mr. Plummer: We were not asked to do anything. Mayor Ferre: I can't tell you what to do... Mr. Carollo: Mr. Mayor, I'll tell you what this Commissioner feels anyway, I would give Mr. Idenberg and the President the same courtesy they gave this Commission when they were planning their trip to Fort Chaffey, with a super "s". ADJOURNMENT There being no further business to come before the City Commission, on motion duly made and seconded, the meeting was adjourned at 9:55 p.M. MAURICE A. FERRE Mayor ATTEST. RALPH G. ONGIE City Clerk MATTTY HIRAI Assistant City Clerk :�22 ITSf O P`4M1 DOCUMENT MEETING DATE: INDEX June 6, 1980 ITEM NOj DOCUMENT IDENTIFICATION ISSN CODE- NO* 1 COMMISSION AGENDA AND CITY CLERK REPORT 0042 2 AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH THE MIAMI CAPITAL DEVELOPMENT INC. R-80-400 80-400 3 AUTHORIZING THE CITY MANAGER TO CONTINUE THE CONTRACT SERVICES OF HENRY THOMPSON AS PROJECT COORDINATOR OF THE CITY OF MIAMINNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER PRO- JECT R-80-401 80-401 i 4 AUTHORIZING THE CITY MANAGER TO HIRE STAFF IN ORDER TO PROCEED WITH PARK WEST REDEVELOPMENT, EXTENDING THE STUDY AREA TO INCLUDE THE AREAS 1 ADJACENT TO PARK WEST AS NECESSARY FOR PARK WEST REDEVELOPMENT. R-80-403 80-403 5 AUTHORIZING AND DIRECTING THE CITY ?MANAGER TO EXECUTE A CONTRACTUAL AGREEMENT WITH METROPOLI- TAN DADE COUNTY IN REGARD TO THE CITY ASSIST- ING METRO-DADE DEPARTMENT OF TOURISM. R-80-404 80-404 6 AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AGREEMENT 14ITH MIAMI-DADE COMMUNITY i COLLEGE IN SUBSTANTIALLY THE FORM ATTACHED HERETO. R-80-405 80-405 7 ACCEPTING THE DONATION OF CLOTHING AND FOOD FOR THE VICTIMS OF THE CIVIL DISTURBANCE DURING MAY 17, -19, 1980 R-80-406 80-406 8 AUTHORIZING THE CITY MANAGER TO DEMOLISH UNSAFE STRUCTURES AS A RESULT OF THE MAY 17-19, 1980 CIVIL DISTURBANCES WITHOUT ASSESSING THE PRO- PERTY 014NERS THE DEMOLITION AND CLEARANCE COSTS R-80-407 80-407 9 ACCEPTING THE BID OF LAMAR UNIFORMS, INC. R-80-408 80-408 1 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CHAMPION SPARK PLUG UNLIMITED REGATTA AT MIAMI MARINE STADIUM ON JUNE 6,7, AND 8, 1980, IN SUBSTANTIAL CONFORMANCE WITH THE TERMS AND CONDITIONS AS SET FORTH IN THE ATTACHED AGREEMENT R-80-409 80-409 1 ACCEPTING THE COMPLETED WORK OF P.N.M. CORPORA TION FOR THE EDISON-LITTLE RIVER COMMERCIAL CENTER C.D. BEAUTIFICATION -PHASE I. R-80-410 80-410 1 ACCEPTING THE COMPLETED WORK PERFORMED BY J.&.G. ASSOCIATES, INC. R-80-411 80-411 Aaft Ri DOCU 11 E T[Rl CoKm N RMIEVAL :IV N0. DOCUMENT IDENTIFICATIONtopr No. 13 PUBLIC HEARING FOR OBJECTIONS TO THE ACCEPTANCE BY THE CITY COMMISSION OF THE COMPLETED CONSTRUCTION BY INTERCOUNTY CONSTRUCTION CORP. OF PINES SANITARY SEWER IMPROVEMENT 14 SIXTY MILLION OF REVENUE BONDS FOR THE PURPOSE OF CONSTRUCTING THE CITY'S PORTION OF THE PARKING GARAGE AND CONFERENCE CONVENTION CENTER IN CONNECTION WITH THE CITY OF MIAMI UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER 15 AGREEMENT BETWEEN THE CITY OF MIAMI, DADE SAVINGS AND LOAN ASSOCIATION SEFRIUS CORPORATION, MIAMI WORLD TRADE CENTER, INC. EARLS WORSHAM AND MIAMI CENTER ASSOCIATES, INC - COMPANION AGREEMENT TO AIR RIGHTS LEASE OVER MIAMI PARKING GARAGE -WORLD TRADE CENTER 16 ACCEPTING IN PRINCIPLE A PROPOSED ALTERNATIVE LEASE AGREEMENT WITH DADE SAVINGS AND LOAN ASSOCIATION FOR DEVELOPING THE AIR -RIGHTS OVER MIAMI PARKING GARAGE -CONVENTION CENTER- 17 CLOSING, ABANDONING AND DISCONTINUING THE PUBLIC USE OF THE ALLEY LOCATED BETWEEN THE WEST RIGHT OF WAY LINE OF SOUTH WEST 17TH COURT AND THE EAST RIGHT OF WAY LINE OF S.W. 17TH AVENUE 18 CLOSING, ABANDONING AND DISCONTINUING THE PUBLIC USE OF S.W. 3RD STREET, EAST OF THE EAST RIGHT OF WAY LINE OF S.W. 50TH AVENUE FOR A DISTANCE OF + 61.66' AS PART OF THE REQUIREMENTS FOR THE APPROVAL OF TENTATIVE PLAT NO. 1067-"NATALIA" 19 GRANTING A VARIANCE FROM ORDINANCE NO.6871, ARTICLE VIII, SECTION 3(2) (C) AND 3(3) (A) TO PERMIT CONSTRUCTION OF AN OFFICE BUILDING FOR THE UNITED WAY OF DADE COUNTY 20 ACCEPTING THE PLAT ENTITLED MIAMI CONVENTION CENTER 21 ACCEPTING THE PLAT ENTITLED ALFONSO, A SUBDIVISION IN THE CITY OF MIAMI 22 GRANTING A PETITION FORA PLANNED AREA DEVELOPMENT ON TENTATIVE PLAT NO. 1083-"VENETIAN HARBOR" R-80-412 R-80-414 R-80-415 R-80-416 R-80-419 R-80-420 R-80-423 R-80-427 R-80-428 R-80-429 80-412 80-414 80-415 80-416 80-419 80-420 80-423 80-427 80-428 80-429 A