HomeMy WebLinkAboutCC 1980-02-12 MinutesCITY OF MIAMI
COMMISSION
MINUTES
MEETING HELD ON
(REGULAR)
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
(REGULAR) FEBRUARY 12, 1980
ITEM M:.
SUBJECT
QRDINANCE 01�
9ESOLUTION MO.
PAGE NO.
1
2
4
5
7
8
9
10
11
12
13
14
PERSONAL APPEARANCE : DANIEL LEVINE, DEPUTY DIRECTOR
BUREAU OF THE CENSUS OF THE UNITED STATES, IN
CONNECTION WITH THE'" 1980 CENSUS"
GRANT EXTENSION OF CONDITIONAL USE AND VARIANCE
PERMITS FOR THE "BALL POINT" PROJECT TO APRIL 1,1980.
(SEE RESOLUTIONS 80-105 AND 80-106, LATER PASSED IN
THIS MEETING)
DISCUSSION OF ACTUARIAL STUDY OF IMPACT OF A .5%
INCREASE'. FOR RETIREES
DISCUSSION OF THE "MIAMARINA" CONTRACT
DISCUSSION OF MINORITY PARTICIPATION IN CITY'S
CASH MANAGEMENT SYSTEM
PRESENTATION DESIGNS OF ALLAPATTAH AND VIZCAYA
STATIONS
FIRST READING ORDINANCE :.AMEND 6871, ARTICLE VII-2-
LOW; DENSITY TOWNHOUSE .R-3B DISTRICT TO PROPERTIES
PRESENTLY ZONED R-3A AND R-1,; IN SPECIFIED AREA
(THE R-3B PROPOSED DISTRICT ALONG BRICKELL AVENUE)
FIRST READING ORDINANCE:: PLANNING DEPARTMENT
APPLICATION -AMEND ORDINANCE 6871-ADD NEW ARTICLE
VII-2 LOW .DENSITY :TOWNHOUSE R-3B:DISTRICT
PRESENTATIONS AND PROCLAMATIONS
DESIGNATE THE' FIRE': TRAINING FACILITY, AND CLOSED
CIRCUIT: TV SYSTEM:IN COCONUT;: GROVE AS A CATEGORY
"B" PROJECT; APPOINTING KENNETH.EMCCULLOUGH,
DEPUTY FIRE CHIEF AS CHAIRMAN" OF THE COMPETITIVE
SELECTION COMMITTEE
AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH
MERCY HOSPITAL, INC. FOR ITS PHYSICAL EXAMINATIONS
OF CITY OF MIAMI, FIREFIGHTERS FOR FY '79- 80,' 80-81
AND 81-82
M-80-72
M-80-73.
M-80-74
M-80-7
M-80-76
DISCUSSION'
FIRST READING
FIRST' READING
PRESENTATIONS
R-80•-77
R-80-78
ALLOCATE THE SUM OF $30,000 FROM THE CONTINGENCY R-80-79
FUND TO BE USED IN CONNECTION WITH GIVING INFORMATIOL
TO THE PUBLIC CONCERNING THE TELEPHONE FRANCHISE
ORDINANCE ELECTION
AMEND RESOLUTION NO.77-480,-REPEALING SECTION 9, R-80-80
SUBSTITUTING NEW, SECTION 9 AND ADDING SECTION
10 AND 11 DEALING WITH FUNCTIONS, RESPONSIBILITIES,
TERMS OF OFFICE AND REMOVAL OF COMMITTEE MEMBERS
TO THE BUDGET REVIEW COMMITTEE
EXECUTE MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF MIAMI, THE CAMARA DE COMERCIO DE GRAN MIAMI,
THE ASSOCIATION DE VENDEDORES DE FLORIDA AND THE
LATIN CHAMBER OF COMMERCE OF THE U.S.-TO COOPERATE/
COLLABORATE IN TRADE AND COMMERCE DEVELOPMENT OF
AREA
R-80-81
M-80-82
M-80-83
1-4
4-6
6-13
14-20
21-27
28.30
30-38
39-40
40
40
41
42
43
44 - 47
711201ND.
CIiYI00M11SSIQi OF MIAFII, FLDRI114
(REGULAR) FEBRUARY 12, 1980
&EJECT
PAGE #2.
gI NANCE OR
SOLUTION NO. PAGE N0.
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SEALED BIDS: CONSTRUCTION OF CORAL SANITARY SEWER
IMPROVEMENT SR-5463-C AND'SR-5463-S
CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF N.W.
29 STREET HIGHWAY IMPROVEMENT H-4361,ETC
CONFIRM A SUPPLEMENTAL PRELIMINARY ASSESSMENT;'; ROLL
FOR GLENROYAL SANITARY SEWER IMPROVEMENT SR-5374-C
(CENTERLINE SEWER) REDUCE TOTAL ASSESSMENT ROLL,
ETC.
CONFIRM SUPPLEMENTAL PRELIMINARY;' ASSESSMENT': ROLL
FOR GLENROYAL SANITARY SEWER IMPROVEMENT. SR-5374-S
REPEALING SECTION 4 OF RESOLUTION 79-787
CONFIRM ORDERING RESOLUTION 79-588, AMENDED;' BY
RESOLUTION 79-692; AUTHORIZING CITY CLERK TO
ADVERTISE FOR SEALED BIDS FOR CONSTRUCTION OF
LYNDALE SANITARY' IMPROVEMENT'. SR-5462-S
CONFIRMING. ORDERING RESOLUTION 79-587 AND
AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED
BIDS FOR CONSTRUCTION OF LYNDALE SANITARY SANITARY
SEWER "IMPROVEMENT SR-5462-C
ACCEPT FUNDS FOR SOUTHEAST SYMPOSIUM ON
THERAPEUTIC' RECREATION
FIRST AND SECOND READING ORDINANCE:
AN ORDINANCE ESTABLISHING A NEW TRUST AND AGENCY
FUND ENTITLED: "SOUTHEAST SYMPOSIUM ON THERAPEUTIC
RECREATION" , ETC.
(A) AMEND SUB -SECTION 4 OF SECTION 13-6
OF CODE - ADD UNNUNBERED PARAGRAPH LIMITING NUMBER
OF CONSECUTIVE TERMS. SERVED BY MEMBERS OF D.D.A.
BOARD, ETC.
(B) LIMIT NUMBER OF TERMS SERVED
FIRST AND SECOND READING ORDINANCE: AMEND SEC. 1
& 5 OF ORDINANCE 9000 BY APPROPRIATING DIFFERENT
AMOUNTS TO DIFFERENT DEPARTMENTS,` AND TAKING STEPS
TOWARDS IMPLEMENTATION OF THE WASTE DISPOSAL FEE
DESIGNATE NEWSPAPERS IN, WHICH- NOTICE: OF SALE OF
CERTIFICATES ISSUED BY THE CITY OF MLAMI FOR
DELINQUENT' SPECIAL IMPROVEMENT ASSESSMENT LIENS
SHALL BE PUBLISHED
(A)'PERSONAL APPEARANCE: MR. GREG GILLINGHAM IN
CONNECTION WITH SIDEWALKS ON TIGERTAIL AVENUE
(B)"DISCUSS ION OF BICYCLE LANE ALONG TIGERTAIL
SECOND READING ORDINANCE: -AMEND SECTION 50-78
OF CITY CODE -AUTHORIZE CITY MANAGER TO ESTABLISH
DOCKAGE RATES FOR THE KINNDER KEY MARINA
DEFERRAL OF CONSIDERATION OF PROPOSED AGREEMENT
BETWEEN THE CITY AND MEDIA DEPARTMENT 11, INC.ETC.
ORD. 9068
R-80-92
M-80-93
ORD. 9069
M-80-94
M-80=96
M-80-97
62
64-69
70
87
CIlMESSIQJ OF MIAMI, FLORIA4
(REGULAR) FEBRUARY 12, 1980
PAGE 41 3
1TDrMi
SUBJECT
irINANCE OR
K SOLUTION NO.
PAGE N0,
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31
32
33
34
35
36
37
37.1
37.2
37.3
37.4
37.5
37.6
ESTABLISH APRIL 24, 1980 AS DATE FOR PUBLIC R-80-98
HEARING CONCERNING ISSUANCE OF DEVELOPMENT ORDER FOR
NASHER CENTER SUBJECT TO CERTAIN PROVISIONS
EXECUTE AGREEMENT BETWEEN LITTLE HAVANA R-80-99
DEVELOPMENT AUTHORITY AND THE CITY OF MIAMI FOR THE
PROFESSIONAL SERVICES OF SAID AUTHORITY FOR
DEVELOPMENT OF LATIN QUARTER,ETC.
APPOINT PATRICIA KOLSKI TO THE ENVIROMENTAL: R-80-100
PRESERVATION ' BOARD
ACCEPT SUM OF $631.29 FROM PAYMENT OF CAMPAIGN R-80-101
CONTRIBUTIONS TO COMMISSIONER -JL.'PLUMMER'S"'`CAMPAIG
DIRECTING
MANAGER TO ALLOCATE SUCH FUNDS
TO "BURN UNIT" AT JACKSON MEMORIAL
PUBLIC HEARING: CONTINUATION OF CITIZENS' M-80-102
INPUT' REGARDING CITY OF MIAMI:6TH`YEAR COMMUNITY : M-80-103.
DEVELOPMENT PROGRAM M-80-104
RESOLUTION AUTHORIZING CITY MANAGER TO SUBMIT'
A GRANT APPLICATION TO THE U.S DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD) FOR THE
PROPOSED COMMUNITY DEVELOPMENT PROGRAM DURING 1980-
1981
R-80-105
RESOLUTION WAIVING TEH ORIGINAL DEADLINE DATE R-80-106
OF FEBRUARY 1, 1980 FOR THE DEVELOPER, HOLYWELL
CORPORATION, TO PURCHASE AND ACQUIRE TITLE TO
CERTAIN PROPERTY IN CONJUNCTION WITH A GRANTED
VARIANCE FOR TRACT "D" DUPONT PLAZA (50-11)
RESOLUTION WAIVING THE ORIGINAL, DEADLINE DATE OF R-80-107
FEBRUARY.1,'1980, FOR DEVELOPER, HOLYWELL CORPORATIO
TO PURCHASE AND ACQUIRE TITLE TO CERTAIN PROPERTY
IN CONJUNCTION WITH A GRANTED CONDITIONAL USE FOR
TRACT "D" DUPONT PLAZA (50-11)
CONSENT AGENDA
DIRECTING., CITY CLERK TO PUBLISH NOTICE OF PUBLIC R-80-108
HEARING FOR OBJECTIONS TO THE ACCEPTANCE OF
COMPLETED CONSTRUCTION OF CRESTWOOD SANITARY
SEWER IMPROVEMENT SR-5432-C,'BID "A"
ACCEPT BID: RUSELL, INC.'-ALLAPATTAH C.D. PAVING R 80=.109
PROJECT -PHASE III BID "A" (HIGHWAY)
ACCEPT BID: D.M.P. CORPORATION-ALLAPATTAH C.D. R-80-110
PAVING PROJECT -PHASE III> BID "B":'(DRAINAGE)
ACCEPT BID:.TAMIAMI CONSULTANTS ,"INC. -TAMIAMI PLANT R-80-111
SYSTEMS,`. INC.°
ACCEPT BID: RINKER MATERIALS CORP. 3,600 CUBIC YARDS R-80-112
OF READY MIX CONCRETE
ACCEPT BID: CONTROLLED ENVIROMENTS OF FLORIDA- R-80-113
500 TOTE BARRELS
89
91
92-93
94
95-106
107
108
108
109
109
109
110
110
110
Imo(
WAIN, FIARIM
(REGULAR) FEBRUARY 12, 1980
PAGE #4
ITEM NO,
37.7
38
39
40
• 41
42
43
44
SUBJECT
i
DINANCE,OR
SOLUTION No PAGE NO. -
ACCEPT BID: ATLANTIC` FERTILIZER GO. .-CHEMICAL AND
FERTILIZERS
TRANSITION OF EMPLOYEES SUBJECT TO LAYOFFS
SELECTION OF MEMBERS FO THE LITTLE HAVANA COMMUNITY.
ADVISORY BOARD
DECLARE MONTI:S DE OCA, COSTA RICA A SISTER CITY
DIRECT CITY MANAGER AND CITY ATTORN':Y TO ADVISE
THE CABINET. THAT. THE CI'fY'COMMISSIO:: DOES NOT
CONSIDER ISLANDS IN BISCAYNE BAY TO BE PART OF
AQUATIC PRESERVE
DISCUSSION OF PLASMA FIRNS
DISCUSSION OF DELEGATES TO SISTER CTIES
DISCUSSION OF APPOINTMENRS TO THE ZONING BOARD
R-80-114
M-80-115
M-80-116
R-80-117
M-80-118
M-80-119
M-80-120
DISCUSSION
111
112
120
125
125
126
127
128
1
MINUTES OF REGULAR MEETING OF THE
CITYCOMMISSION OF MIANI, FLORIDA
On the 12th day of February, 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 9:05 A M , by Mayor Ferre with the
following members of the Commission found to be present:
`Commissioner J. L. Plummer, Jr.
ommissioner ;(Rev.) Theodore R. Gibson
Commissioner Joe Carollo
-Vice`Mayor Armando Lacasa.
Mayor Maurice A. Ferre
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.
0n motion duly made and seconded by the City Commission, the Minutes
for the meetings of September 25 (Special) and December 27, 1979 (Planning
and Zoning) were approved.
1. PERSONAL APPEARANCE: Daniel Levine, Deputy Director
Bureau of the Census of the United
States, in connection with
he "1930 CENSUS".
Mayor Ferre: We have two things that we are going to take out of order. One
is we have the Deputy Director of the Bureau of the Census of the United
States of America with us. We have Mr. Gould. I don't know which one of
the two has the most difficult task ahead bus- T think I am going to give
that to Mr. Levine who has the awesome job of countinn 22n r.!il1ion neonie.
The Department of Commerce, as you know, is about getting ready to make
a census count of the lJnited States and this gentleman that you are going
to hear from, in a moment, is the person who is basically responsible for.,
this count throughout the country. The Deputy Director of the Bureau of
the Census, Daniel Levine. Mr. Levine.
Mr. Daniel Levine:: Mr. Mayor,. fellow Commissioners, ladies:-and:gentlemen.
It's obviously a 'great'honor.to appear before the. Council. ;The` Mayor asked
me whetherI would say a few words and frankly I do not know what those few
words, -ought to be. Let me inerely say that'I don'tit'personally:plan to count
tbe'220 million people in the :United States which exist in some 38,000 com-
munities,across the country. ;.But: as. I. think most of you know, we are one
of the few couritries in the world which has embodies'in its Constitution the
requirement for a census in. the years -ending in zero. In April 1, 1980, will
the 20th� dece
nnial census.•. I merely want to say to the Commissioners, the
Mayor., the ladies_and;gentlemen assembled, that our task is to produce the
best count that has ever been done by the bureau of the census and, secondly,
to minimize the disparity that may appear'between the different groups in
the count=that,we get,'end thirdly, to certainly make'sure that we get the
best data that are`needed for planning. .I don't know' how many of you know
1
FEB 121980
1 I,I ■!II!1!!Iq!!I lV��lDlS+
that each year some $70,000,000,000 (seventy billion dollars) are distributed
through various revenue sharing apportionment in both the Federal and State
level on the basis of the count, and most importantly is the Constitution
mindatc for redistricting and reapportionment of the Congress, and your State
councils, your State legislatures are all affected. So I guess I'm trying to
say that we are going to try to do the best job we can but basically even though
this is a mandatory activity under law, there is no way under God that we can
count 222 except through their voluntary cooperation, and so I urge every one
of you to give us the 15 or 20 minutes that are required to fill out that form
which you'll receive in the mail on March 28, and return it as expeditiously
as possible and I urge the City Council and the Mayor to do everything they
can, and I want to thank them for everything they are doing to let the community
know the importance of the activity, to stand behind and provide their credi-
bility to the activity. Very simply, I just want to say one thing -we do it
,11 for you, ladies and gentlemen. Thank you very much.
Mayor Ferre: Thank you very much. Mr. Levine, before you go, I've got....
for the Commission, Mr. Levine and I had breakfast this morning so I have had
answers for these things but I think it would be good to have these on the re-
cord so that everybody can understand which way we are going on this. Mr.
Levine, an undercount in the City of Miami of, say 10,000 people, has the census
bureau in 1980 terms what that would cost in Federal grants?
Mr. Levine: No, we haven't, Mr.Mayor, a number of people are working on it and
we will be putting out some material shortly as to what the effect of the under-
count is under different assumptions. The real problem itself is knowing what
the undercount is. As people say to us, if you know you missed 2.5% of the
population in 1970, which is our estimate, how come you didn't go out to get
them. Well, the fact remains that we have different -what I would call- statis-
tical techniques for estimating what we've missed at the National level but
It's very difficult to break that down to the level of a City like Miami, or
even New York, or even more difficult when you get down to the smaller base
people. So our commitment in 1980 is first to do a better count, minimize any
Ai9parity and any undercount among groups and to try to measure the under-
count if we can at the level of a City of your size.
Mayor Ferre: My second question to you dealing with the Haitians. We have a
community of 35,000 to 50,000 Haitians. What will be done so that there is
not an undercount with these people.
Mir. Levine: Our commitment is first of all to make sure that we get the most
complete address list we possibly can and to that extent we've gone through
five Years of testing and development to Produce a list of where everybody
lives. Secondly, and most importantly, we will hire as people who work in the
census to contact Haitians, Hispanics or any other group, people who are not only
indigenous to their neighborhood but are bilingual, if that is required. And
our commitment further is to work with local communities, local organizations
through the Mayor's office to try to get the support we need through the media.
Mayor Ferre: And lastly, with regards to the Cuban community and the Hispanic
community of which we think there is over 600,000 people that are Spanish speak-
ing in this communitY, I think that it is just as important to make sure that we
have a proper count as there is with the Black community, and the Haitians,
and every American. Now, the question that I have is this, as with the Haitian
community, we have a language problem, and my concern in all of this, that the
message has got to get across. Now, I understand from talking to you this mor-
ning that we cannot change the test patterns at this time because there are
30 or 40 Congressional districts that would require the same thing, and it will
cause a major national problem at this late date to do something like that, I
understand that. I understand you are preparing or you will be preparing for
an emergency in case you need to implement something like that. I further under-
stand that you cannot make Spanish mailings to Spanish neighborhoods for many,
many reasons. Now, my question is this, is there any way that we can have with
selected individuals from your Department people at grocery stores, where people
buy food -because I think that would be maybe one of the better ways to make
sure the Hispanics feel and understand what the process is. How can we go about
that t
Mr. Levine: I think we will work very 2losely with you on that, Mr. Mayor,
we would suggest as another approach to that, rather, that there will be already .
agreed upon placards in Spanish and many other languages, cards, brochures,
all sorts of material available to distribute through all outlets, whether they
FEB 1 2 1980
be grocery stores, places where people assemble, but in order to efficiently
use the scarce resources that we. have, we would suggest that rather than
letting people pick up forms which then we would have great difficulty in
knowing where they came from, how to contact those people later...asking those
people through these media to come to. -whether it be City Hall, or an audi-
torium or an assistance centerthat we are going to set up and we will agree
to staff those with people who are sworn in, to assure the confidentiality,
of the responses, and if the .people come we will guarantee to see that they
are accounted, we will guarantee to have the resources available. So I.
think the best way is to see that we will disseminate the information to the
community, telling them it is important to be counted, here is how to do it,
here is where to go, hereis where to call, and we'll make sure they are
counted..
Mayor Ferre:.Let me ask you this, if the City of Miami Commission -and, Mr.
Grimm, this is going to affect you so I want an answer from you-, I` would like
somebody to make a motion and if not I'd be happy to make such a motion. I
think that we've got to do our share to make sure that the City is properly
counted. If we are undercounted by five or ten thousand people, it will literal-
ly mean millions of dollars for this City in the next decade. I think, as
Mr: Levine says, that there is no way that he can give us forms to put them on
shopping centers and groceries, but I think perhaps a mail -out on the City's
part with regards to and here i.s my question to you: are we planning a
mail -out for the bond issue that is coming up?
'Mr. Vince Grimm: Not
specifically, Mr. Mayor.
Mayor Ferre: We have mailed out in the past, haven we?
Mr. Grimm:,: Yes.
Mayor,Ferre: Suppose we combine the mail -out, that election is: March 1
the census is April lst.
Mr.
Grimm:
Yes.
Mayor Ferre: ...which is three weeks later. Is there any reasonwhy we could-
not.mailout asimple, one page letter with the, explanationon the one side as
to what is on the baliot on March 11 and on the other side the importance: of
the census
Mr. Grimm: .'I can
try.
Mayor;'Ferre: I
Mr.Grimm: I don't know the answer to that. We have on today's agenda for you
a request for appropriation of $15,000 for information regarding the franchise
issue, whether that is sufficient to accomplish your purposes or not I don't
know.
answer that question right now, Mr Mayor, we
can certainly
As
recall, the last time
we did this it cost us
about
o,000?
Mr. Levine: We will be glad to work with you, Mr.Mayor, in providing informa-
tion to be included in that letter, givingyou addresses and telephone numbers
and whatever else you may need.
Mayor Ferre: You see, the Elections Department of Dade County`. gives us a break-
down as to national origin, so therefore, we will not be able to get ail;`. the
Spanish speaking people but we can certainly zero in on those who are foreign
born, in other words, a man by the name of Gonzalez born in New York is not.
counted in our system as a Hispanic.
Mr. Levine: You may want to exort more of your population. We urge you to get
as many of Your people, not only the Hispanics-but'all of the people in Miami
to make sure they are counted.
Mayor Ferre: Well, obviously, if we did this we would do this for all of the
community, it wouldn't be limited to the Hispanic community. But what I'm
looking for now is direction to, see if it makes any sense for us to increase
that $15,000 by $20,000 and go into a mail -out that wouldcover both the census
and the election. And Vince, and I look at it this way, $20,000, if we get
three hundred more People counted by spending that $20,000 we'll make it up
FEB 121980
in a couple of years.
Mr. Grimm: Mr. Mayor, we understand your wish, let us try to do that.
MayorFerre: We11,,I think I would likeH to make it in the form of`a motion
of some kind.
Carollo:.'-' Second.
Mayor Ferre: - Allright, the motion then is that the Administration be
instructed to prepare and: bring back to this Commission for final approval
a letter which will be mailed out which will cover two subjects: 1) the
telephone franchise tax; 2) information on the census, it's importance.
Hopefully on a one page document. Any discussion on that? Call the roll.'`
The following motion was introduced by Commissioner Lacasa, who moved its
A MOTION AUTHORIZING AND DIRECTIGN THE CITY MANAGER TO PREPARE
A LETTER TO BE SUBMITTED TO THE CITY COMMISSION FOR APPROVAL
CONTAINING INFORMATION; ON THE UPCOMING TELEPHONE FRANCHISE
ELECTION AND ALSO CONTAINING INFORMATION ON THE UPCOMING FEDERAL
CENSUS; SUCH LETTER TO BE MAILED TO ALL CITY OF MIAMI REGISTERED
VOTERS AFTER APPROVAL BY THE COMMISSION.
Upon being seconded by Commissioner Carollo, the motion was passed and:
adopted`.by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R.-Gibson
Commissioner Joe Carollo
Vice Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES:
ABSENT:
Mayor -Ferre:
s there anything else thatyou think we, can do, Mr. Levine?
Mr. Levine: Anything you, can do, Mr. ,Mayor,to convince the population to
becounted and also: to convince, people to come out and work in the census
we'll be very grateful to you and. your fellow !,Commissioners. I 'thank you
very much.
Mayor Ferre: Thank you very much for being here.
• cl<�,4• ...lV; rrS:.-'+4.3•-`:�u.--ia✓'.•_ "�s: r.i- ... ; :4c,..ti%; .pS�.... . �s.. .. .•••••
2. GRANT EXTENSION OF CONDITIONAL USE AND VARIANCE PERMITS FOR
THE "BALL POINT" PROJECT TO APRIL 1, 1980. (See Resolutions
80-105 and 80-106, later passed in this meeting).
v.4.t8441" k,. v.• teite `^'7**171'.; •44.6 :1 ::HT N t05.6.t'} r 44 nJ.:(:,,+'.:.
Mayor Ferre: I would like to recognize at this time Mr. Gould. Mr. Gould
has a plane to catch in just a little while and has to be taken out of order.
Mr. Ted Gould: I am Theodore Gould, from Earlysville, Virginia, and what I
would like to do is to review the.status of the Miami Center project with you
and to request an extension of the deadline that was set at the last City
Commission hearing. Fundamentally, as 1 discussed with you, this project
is a very complex one. Youare aware that we raised $112,500,000.in permanent
r4
FEB 121980
financing from Metroplitan Life Insurance Company and Bankers' Life, of Des
Moines. In turn, since then, we raised $112,500,000 in interim financing
from the Bank of New York, American Security, The International Brotherhood
of Electrical Workers, Irving Trust, and the Security Pacific Bank of Tokyo.
Because of the nature and the complexity of the documentation in the transac-
tion,'each element of it has to be completed and approved by the Banks. We'Ve
also had to negotiate a'later subcontract and as you know we have negotiated
a trade agreement with the unions that will construct the project. The only
remaining issue is approval of the general contractor, last Friday, we reached
an agreement with George Hyman Construction Company to act as the general
contractor. Their financial statement has been sent to the Banks for their
approval. I have a subordination agreement, when it is approved it will allow
us. to close it. We"expect the closing to be and in fact it's been scheduled
for February 26th and th`27th but I prefer not to have to go:through this dead-
line process again, if,it's possible, and I would like to suggest that we set
the deadline for March.3lst.
Mr. Plummer: Mr. Mayor, I guess I've been as outspoken on this: particular thing
as anybody and. maybemore. Mr. Gould came to see me this morning and I expressed
to him my' feelings' about this project and I would echo the comments that I've
read of Mr. Carollo`in the paper this morning, .Idon't think anyone in this Com-
mission wants to see that; project fail. We all want that project to succeed,
because not only is it good for Mr. Gouldbut, it's good for the City. I have
personally no problems and it was I who.suggested to Mr. Gould this morning to
go to..an April<'lst' deadline. If we recall, under.normal, automatic circumstances
when; approval for extensions come up, it is normally automatically; before this
Commission for six months. The first extension for this came; up on the 5th of
December, 'so I,have"no problem with April ist.
Mayor Ferre:' In other "words,. what you are saying --is forthe second extension?
Mr. Plummer:. The second extension, correct. My fear, as I expressed to Mr.
Gould this morning,...we are realizing in the Downtown area now a tremendous
potential and due to, really, single-handedly the Mayor's leadership in the
Conference Convention Center, all therest of these things have sparked off of.
Mr. Gould's project sparked off of the Convention Center because he would have
never built without it, I'm sure; the Holiday Enn, all of these things, I'm
sure, are sparking offof the Convention Center. And my great fear has always
been all through this process of putting that spark out and the potential that
we are looking at in the Downtown, if this were to fail, that spark would work
in reverse and that spark could in fact hurt other projects. I. think the pro-
blem that I have, and this Commission has, and I've never tried to speak for this
Commission,. is this bouncing back and forth. If you will recall, when that young
attorney for Mr. Gouldcame in December, I said I: had no problem at that time
going,. to April 1st,, but. as Father says, it's either fish or cut bait. As the
most outspoken, I'in ready this morning to make a motion to set the deadline to
April. 1st. The bait, is cut, let's fish, and that's where I stand, so ;I wanted
it to be known.
Rev. Gibson: May
Mayor Ferre:
>; Father: ; Gibson.
Rev. Gibson:;, If I heard you right, Commissioner
a man six months.
Mr..°Plummer: Father, that is normally automatic on all.
give
Rev. Gibson: All right. He hasn't had six months. Okay Sir, you know,
it even cots you a ride to play. April 1st, do you think April 1 ...'
Mr Gould: I think that we will in fact resolve the. remaining problems a
theclose of this month,but`I believe that April.lst is as satisfactory a.
deadline so thatwe don't have to go through these additional minor,problems
have to be resolved.
that _ ..
Rev. Gibson: Well, all right, "I understan
Mayor Ferre: Is there a motion?
•
I just want to make, sure.
Mr. Plummer: Mr. Mayor, I'll offer a motion that the extension be granted
until April lst.
Mayor Ferre:
Plummer moves,
Gibson seconds, further discussion, call the roll.
FEB 121980
,rp
The following motion was introduced by Commissioner Plummer, who moved its
adoption.
MOTION NO. 80-73
A MOTION DECLARING THE INTENT OF THE CITY COMMISSION TO EXTEND
THE CONDITIONAL USE AND VARIANCE PERMITS FOR THE BALL. POINT
PROJECT TO APRIL 1, 1980 ( See Resolutions Nos. 80-105 and
80-106, later this same meeting).
Upon being seconded by Commissioner Gibson, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Vice Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
Mayor Ferre: Thank you very much, Mr. Gould.
3. Discussion of ACTUARIAL STUDY of impact of a .5% INCREASE for
RETIREES.
Mayor Ferre: All right, we are on item C. Is there anybody here on that?
Mr. Plummer: Yes.
Mayor Ferre: All right, we'll begin with you, Mr. Grimm.
Mr. Vince Grimm: Mr. Mayor„members of the Commission. This item was a
discussion item requested by Coinmissioner Plummer 14e,hasie-flitnished'to the
ComMisaiOn_copies,ofthe motion that.they.passe& in-1979 and also a. 666' 6f
theaCtuarial atUdy:and. a copy of the -action by both•theTlan 'Board and -System
Mr. Plummer: Mr. Mayor,let me just touch on that very quickly.. Mr.. Wilcox
came to my. office and said that this was a pending matter before the Com-
mission,and ask me would .I see that it was placecion the next' agenda and'„,
as you read,theMotion you,will.see that it was delayed at that time for
further study and 1 think that the time has come back to where, in ,fact,- a'
decision, is ready.to be made, or at least I hope it is, that is the reason
whyI asked that it be placed on the agenda.
Mayor Ferre: Mr. Clerk, on the copies that I have of Sec,tionic, the third
page is page 5 but it doesn't have a date, and I'd like to know when that'
Commission - meeting was held. Now, the subsequent page has July 13','" 1978:-
Is that 'parrof_the same thing? -
Mr. Ongie: I'll find out, sir.
. .
Mayor Ferre: Sir?
Mr. Ongie: I'll find out for you. .
Mayor, Ferre: And in the future, I'd be graieful'if we could have dates -on
these things.,
Mr. Ongie: Yes, I'm sure that happened because the item was done out of order,
as a Special Transcript Request.
FEB 1 2 198Q
G6
Mayor Ferre: All riS , go ahead Tony.
Mr. Tony Wilcox: Tony Wilcox, President of the Miami Retirees Association. We
bought this on July llth, and we have made quite a study by ourselves and I was
surprised about the Pension Board getting the study. I thought the City Manager was
going to have the study made by an actuary. As of this time weed like to introduce
you to Chief Howard, retired Chief Howard of the Miami Police Department who -is
the --Chairman of our. Committee.
Chief Glenn Howard: My name, is Glenn Howard. I represent the' -retirees. When:
we were here before you wanted to know how much it would cost for one half of
one percent on three hundred dollars for the number.of years that you have
been retired. If these figures are correct, they have itamortized>'over_16
years and 35 years. On the 35 years it would be $69,000. Over the `16 years
it would be $95,000, but for the first year it would be,something like
$37,000 because part of the year is already gone. You all know that every-
thing has gone up and everyone else is giving -- I;see here that the Federal
Government just gave a 6% increase to all their retirees.
Mayor Ferre: You know, I can hardly hear you.
Mr. Howard: I said that the Federal Government just gave a 6%:to all of ;their
retirees and their employees ad we have to come back and -ask for this today.,-,'
Under this .. -setup, a man who has been retiredfive years would get $7.50 a`month.
If he has been` retired,.10 years his increase would be $15.00 amonth,.and so
on. .If he has been retired 20 years.he wouldget a $30:increase,in his Pension.
So we respectfully ask the Commission to grant us .5% under $300.06 base pay.
Mayor Ferre: All right, thank you. Mr. Grimm, or Mr. Gunderson, or whoever is.
going -to answer this What is the difference'between...we are -now at $200.00, is
that right? -
Mr.
Grimm: I don't know the answer to that question, Mr: Mayor.
Mayor
are we now,
(INAUDIBLE COMMENT MADE OUTSIDE OF THE PUBLIC RECORD)
Mr. Wilcox: When -we -were -here the last time, .you asked. us. -the Commission did-
to come back,'in.other words, we asked for $600.00=and you cut it to $300.00.
At that time, you said...I, had <it here...
Ferre:
Mayor Ferre: Yes, we all. have it. And let's be specific,.on- June 28, 1978,
okay?, which,puts it a year'and a.half'ago,.a motion was made=,by'Gordon:and
Gibson seconded it. and it reads as follows
"A motion ofintent to accept draft of proposed
ordinance to grant cost of'living'adjustment-for retirees;
based on .5% increase for each full`, year' since retirement
With . percentage limited to the first three hundred dollars.
of monthly benefits. and directing the City. Manager; to place
this ordinance 'on the next agenda for formal adoption.",
That was in June., nowcomes July and here isWhat %:we get: a, motion made
Gibson, seconded by Gordon: .
"A motion authorizing and directing the,Manager'to develop
a methodology to return -payment- of'-$3.88 .per, month. in, -insurance
premiums for the retired employees."
Well, that's not the samething.
Mr. Howard: That was Ordinance No. 8826.
Mayor Ferre: Yes, now my question to you is from this June 22 motion, was there
ever an ordinance adopted to that effect? No? Does the Administration remember
why we didn't....?
Mr.. Grimm:. No,I'll have to -come back and answer that question later, -
mayor, I have no answer right, now.;
Mayor Ferre: .Does anybody in the Commission
what happened?
Mr Plummer Maurice, -.the only thing that 1 recall was that there vas this new
State law that was interposed, into this general overall thing that said that,
'7
FED 121980
•.,q):.sr•-..� us�i..Ju.:u�...�e�r:��M>...yra��.. ':
•
in the future, you could not grant any pension benefits without first proving
2iat you could afford or were actuarily sound. I think also at that time it
was an overall request of both Boards that no matter of pension be passed upon
by the Commission, until both Pension Boards have the right to review and com-
ment and/or -recommend. And I think that's where it'. -was hung up
Mayor Ferre: Well, but I have two questions:.1) why.would it -take a year and
a half to get it unhung?.And, 2) what we are talking about here was go to $300
Mr. Gunderson, which was $94,364.00 is that:correct?
Mr. Gunderson: It was the $94,000 plus an. additional ,$95,746•on the System.
The Plan, is as you said, `$94,364..but if you look on the following page y,ou'11
see for $300.is::an additional.$95,746.
tdayot Ferre: Where is the System? I see the Plan.
Mr. Gunderson: the Alexander and Alexander letter.
Mayor Ferre: Oh,
System?
Mr. Gunderson: $95,746 per full year. plus $94,364 for
that's the system,<okay.; And how much will it cost;for;`the:
a full .year in. the
Mayor Ferre: As I recall, when we talked about this a year -and a half ago,
it.wasthe Manager's recommendation that we-should;go and inakean actuarial
study as to what ,this would cost. It's taken a year and a half to`do this.
Plan.
Mr. Gunderson:. No, this is since last August, 1979..,
Mr. Plummer: 1979,knot 1978.
Mayor Ferre: Well, the motion was passed in June 1978.
::::. Gunderson:::, Well, no.
Mayor:Ferre: Well, according to: the Clerk, I
the`:date • was:. I'll: read it again to,you:
"A motionof intent to,accept draftof proposed rdi onance
to ,;grant cost •of living adjustment ,to retirees based on a .5i6_:,
increase -for, each full year since retirement` with percentages;
limited,.to the first $300 of ;monthly benefits and•directing the
City; Manager to place the. ordinance a on the next. genda. for formal.
adoption'."
•
Now, that Was the express will.of this, Commission and Iremember Gibson had;
a bi to :do about and so. .did Rose Gordon, and':I would, like to remind-.you;,tha1
it was a•unanimous vote.
asked himwhat;the 'date was and
Mr. Gunderson: I think that there is some confusion inthemotions here in
relationshipto what you have and what occurred. There were two successive
years involved. The one has already been granted and executed.
Mayor Ferre:
Oh, okay, remember that now.
Mr.rGrimm: Yes, i•f you refer back;.to t•he cover of:yourJuly;ll,,"1979 meeting
in that was the specific.' motion that Commissi'onerPlummer:addressed himself
to. The`1978.action took place . The 1979.action was -subsequently referred
both.to..the Plan Boardand:System.BoarVand-..to, the. actuary.`_ As.a result of
their action, ;a memorandum was writ -ten to the Commission with the Boards'
recommendation and -I presume- copies ofthe:"actuarial study were given to
the'. Commission. No action was -taken subsequent tpthat.
Rev. Gibson: Well, let me ask a:question. I remember the heated debate we
had: on this. -matter and I pointedgout how urgent it was. Not to be holding
retirees,'`, elderly people, as they -were at that time, in abeyance,,at infinitum.
I•remember that because I alluded that.the day was coming when I was going to
be :retired andI didn't want that to happen: to me .and I'didn't want it>to.,
17a�A ro anybody else. .
Mr. Gunderson:.
Act.
You are right, Cornmissioner, but there has been a supervening
Rev, Gibson: What is that?
121980
Mr. Gunderson: The problem associated with funding of the Pension Program
entirely. You will recall that there has been a request in excess of
$20,000,000. The Commission has, as of the present time, funded it up to
$16,500,000. There are two court suits in existence at the time to get a
Mandamus Action to force the City to fund it to a full $20,000,000. The
City does not have, at the present time, the monies between now -which is
funded- and the amount which is requested which is in excess of $20,000,000
to fund that, and that's what holding it up.
Mayor Ferre: Well, Mr. Gunderson, let me put it to you this way, unless'.
out of the five us here, unless there is a very sudden change, there is three
of us, unless Mr. Plummer or Mr. Gibson have changed their opinion since.
June of 1978 and: subsequently July, 1979, and I would like to state to you
and to the retirees that I am inthe minority of a long ..-and I hate to be
in agreement with Don March- but he was the only dissenting vote in the System,
and the only dissenting vote in the Plan were Ms. Harris and Mr. Joffre. I
happen to think that these people who are retired, are not askingfor an un-
reasonable thing, that is, that they get a partial cost of living, it isn't
a heck of a big thing, it's going to cost us ninety some odd dollars inhere,
ninety five thousand in the System, and ninety four thousand in the Plan. So
we aretalking about $190,000 a year additional cost. And it seems to me that
that was the express will of the Commission two years and I sense that that's
the same feeling thatwe have today, we've done all of the actuarial studies.
I'm sorry that the System and the Plan took that kind of what -in my opinion
is a coldhearted approach on something which doesn't really impact the City
that much economically.
Mr. Plummer: Well, Mr. Mayor, I think that one of the important questions
and there is more to the reading than what you are reading there -where is
the money coming from? Now, I, think you will find the opposition on the Boards
isif in fact that money is to come from the Pension Fund. If that money is
to coupe from the General Fund, not affecting the Pension, I think that you
will see the objections removed. Their concern is that the Pension Fund present-
ly is some hundred.. and forgot how much..fifty million unfunded liability, and
there isno question that if you put an additional two hundred thousand dollars
for sixteen years, that proportionately will magnify that unfunded liability
putting in jeopardy regular employees and that the opposition' is not to them
being, granted a cost of living, they were in favor of it, but they didn't feel
that it was fair to burden the people who are there presently. under a tremendous
unfunded liability and if in fact, you are going to take it from the General Fund
that's fine.
Mayor Ferre: Well, let me tell you where I• disagree with that basic premise.
In the first place, with regards to unfunded funds, the State of Florida has
an unfunded fund of almost $2,500,000,000 (two and a half billion dollars)....
r. Plummer:' That was formerly true.
Mayor Ferre: Well, what
Mr.
it today?
Plummer:It's down to where they are almost at an even pace. .i
Mayor Ferre: Well, that certainly hasn't...
Mr.
Plummer: Itchanged radically.:
Mayor .Ferre: I assume you are correct, you know the details; on it. But .I
think an unfunded sum of our magnitude -of the City of Miami- is not an uncom-
mon•thing throughout the United States and from what I've looked at we` are
well below the average of the unfunded funds for these. types "of pension, systems.
Number two, if you just change, two or three basic things, like for example
going from 7% to 8% on the return on intrestments, which a natural; assumption
to make,` that sum itself would go down substantially, so I just don't ,think;
that when you are talking about senior citizens that have served this community
as well, as these people have, I know it all depends whose ox is being,gored.
But, you know, what you, never. hear in this town, you always; hear";about the un-
funded amount, but you never hear about the fact that we've got $75,000,000,
funded, or whatever it is...
Mayor Ferre: Over a hundred million dollars funded. You know, you always hear
049
F E B 121980
"Oh, the bottle is half empty:? How about -"The bottle is half full?" How
about the over a hundred million dollars that 2,000 or 3,000 people that have
a vested right in this City have a claim on? And my answer is -and I don't
mean to putout names now, but we've got a former City Manager, Paul Andrews
whoretired as Ben Demby did, making $50,000 and $60,000 at age 52.without
having anything else to do. I'm not taking it away from Paul Andrews, he
worked hard for 20 years or whatever it was, he retired making $50,000;and
he in'his and ,here are these people who are getting, who worked:.
justas hard, worked for 20 and 30 years and they are making, you know, $200
or $300 a month in their retirement and I just don't think that we ought to
hold ';that against them.
Rev. Gibson: ,Mr..Mayor, let me say this. I find it hard to understand how
we in„Miami"plan to live,say in 1980, I find it hard. We aren't concerned.
about anybody but ourselves. As long as I get mine to hell with everybody
else.,It ,needs..to be made crystal clear that if it were not for these people
you •wouldn't have no Pension Fund, and it needs to be made crystal clear, that
those of us who are.in the firing line need to pick up some of the slack to
the benefit of these; people and they built what's here. All we hear is what
the guys who are on the scene now want to get. I think it's about time that::"
we change some`of, this attitude in this City and specially in City government.
I'm .sick and tired of it.: I''d like to know that I am Commissioner',of.people
who care about people. ;We don't give a good doggone. I think it's.time.that
we stop i
Mayor Ferre•
a question
from Commissioner Lacasa.<
Mr. a Lacsa:can seepredicament ion Mr. Mayor, I` the prediment which inflathas placed:
on people that are receiving low-level pensions," at: these particular levels
of.$300 or:'$400, however, we do have people in the City of Miami who` are re-
ceiving pensions in excess of $15,000 and $20,"000..
Mayor Ferre: And $50,000.
Mr .Lacasa: ..and $50,000 per year. So, I don't see the need for those people
with`highpensions to receive this increase,' although I do see; the; needfor
the_; City to come 'to ,the help.of these people that are receiving the lower pen-
sions. Therefore .,
:my question if we could:, go to`an increase .that will af-
fect only those receiving a pension up to a Certain "limit, and. that', limit to
be established by the Commission... Yes, Tony.
Mr.' Wilcox:, This was, set at4300 maximum. Nobody' can draw,over $300.
fixed it that way so that the',big ;ones wouldn'`t,'eat`- it all up "
Mayor Ferre: See,. we went through this discussion• for:. hours when, -,we wen
through this and" what we decided at :that time;;was to limit.
Mr. Lacasa: But the question'is this,...
Mayor.Ferre: See, the.. problem; is that legally you, cannot tell him. that' he
can take it, and, him that he can't because,' he,is"making more, because under
the 'law, .you've got to.be even;. everybody has the same rights` 'So.the`way
that we limit'` it, andour exposure. was. to` say that the maximum":was°'_$300,
is that right?
UNIDENTIFIED SPEAKE
Mayor.Ferre: Okay. Now, I'll` tell You, `I for one, am willing to reiterate Gibson wants to make that same, motion that he tnade two years ago,
1V
FEB 121980
t
Mayor Ferre(cont'd): I'm willing to go with it again.
Rev. Gibson: Well, that'
my Motion
today, as it was then.
Mr. Grimm: Mr. Mayor, members of the City Commission, I knowthis-is a'dif-
ficult decision but the Commission must keep in•mind that this item wasdis
cussed during the budget meetings after this information. was available;'the
Commission in its wisdom funded the:Pension Systems $4,000,000below what:
the Boards recommended. It further adopted a policy which would limit in
creased benefits in budgets in the, future to 5% of what had existed before
Now, you must keep that in mind when you decide now, in the` middle of the
budget year to again, change pension benefits.
Mayor Ferre: Let me ask you this, Vince. In September 12, 1979, Elena
Rodriguez sends a memo to the City Commission which basically states that.
both of those Boards voted against any increased pension for the retired:`..
employees. Now, that was discussed during the budget process and it wasthe
decision at that time, you say, not to fund it any further. In my opinion,
the decision that was basically made then was our commitment to these senior
retired citizens, and that is, that we would look at this once the actuarial
study was done. Now, to the best of my recollection, since August. of 1979,
we have not looked at this actuarial study, have we? This is the first time
we have gotten the actuarial study, so it took us a year anda haif to get
the actuarial study. We now have it before us and it is proper for us to
consider it. All right.
Mr. Luis de. Jesus: Luis de Jesus, a member of the Plan, City of Miami. --We-::
sent thistoour actuary. We got this request on the llth from the Commission,
on August 8th we got a replyfrom the Edward & Frank Co. giving us an estimate
on that and; it's in your folder -there:...
Mayor, Ferre: Yes.
1r. De Jesus: ..and it states: "Even though we feel that there is an adequate
need for an increase in the Pension Plan, we must estimate that in order to meet
itscurrent level of benefit payments now. the Plan has to liquidate assets and
in addition use every City dollar in member contribution made, to the Plan."
Also, in the followingparagraph...this process could go only on forso long
before the., Plan, would be bankrupt placing every current`member's benefits in
jeopardy and, Father, I agree with you that the apathy of the people is. unreal
but we are looking at the future and: the past also, because as the Board of
Trustees' members, if you keep funding this at this kind of level and keep ad-
ding on these increases there will be no pension and there will be no need for
retirees. Also, the 1978 was passed and it was an unfunded liability of eight
million dollars ($8,000,000) and if this is passed, 1 can estimate the unfunded
liability between somewhere between $11,000,000 and $12,000,000I appreciate
the problems that the retirees have, but as future employees of the City we
also have some problems and I think that, Mayors: youbroughtthis up at the
meeting where we, asked you to fund our full budget and I` believe that it was
extensively discussed and your recommendation was a 5% top level and then send
it back to, the actuary. Gentlemen, 1! stand here as a retiree in the near future
and'I appreciate the problem, but you have to look at the future also.
Mayor Ferre: Yes,butyou see, Luis,the problem is you:,are standing here as
a future retiree but you are going to be well covered.
Mr. De Jesus: Sir, that is a matter of statement. I believe;`, that when these
retirees, they had the same feeling also, and with the inflation rate we are.
all going to be in the same
boat, "I ' -believe." But soinewhere along the way, you
can only go tothe well so many times.
Mayor Ferre: Yes, but we've got people who are making, what's
I don't mean to embarrass anybodyhere but...
Mr. Wilcox: Mr. Mayor, I` know a man who put in thirty some odd years and
retired at $335.00 a month. If we can get this pay raise he will go all the
way the $400, but he put in 37 years with the City.
Mayor Ferre: Now, you are talking, about a man who worked for 37 years and
is now making $400 a month. If 'we pass this, how much would that man get in
addition?...
11
F EL 12 '98O
Mr.,Wilcox
Thirty dollars.
Mayor Ferre: Thirty dollars..
Mr.
Mayor Ferre: That's what you ;are
ashamed to be talking about it.
I'm almost
Mr. HowardMr. Mayor,the people that we are really fighting for are the people
who have been off fir fifteen or twenty years. They don't come under this new
pension system, where the salaries have been raised and the pensions are ade-
quate, just like theclause in the Pension System today where if a man dies his
wife gets 40%. The Pension Board keeps $14.52 a month from my pension, when I
retired, we had to leave money in the Pension System so that your wife would get
a stinking $100.00 a month and today they get 40% of the salary of the man. And
I retired as Chief Detectives at approximately $700.00 a month, and today they
start,a patrolman at $15,000, so that's the difference in your pay, and that's
the difference in the pension, and what we are arguing for these people is if
you out to the retirement group and see the gray hair in the people out there,
and you are talking about refunding some 36 years, these people won't be here
10 years :from now.
Mr. Carollo: Tony,:, this man: that made $
year. I, for one, can't imagine how any
a year, it's ridiculous, and Mr. Mayor,
justice to these: people. I'm concerned
concerned about the present, and we may
a gray area, maybe reaching starvation,
that's impossible, the way inflation is
Commission has to act: now decisively so
second the motion made by Reverend Gibson.
335.00 a month, barely ;over $4,000 a
one can live on that amount`. of money
I for one think that we have to do
about the future but I'm also very
have some people out there who are in
because no one can live on $4,000 a year,
today. So I for one thinkthat this
we can do justice, and I'm willing to.
Mayor Ferre: All right, so we can move this thing ahead....
Mr. Plummer: Whoa Whoa,
from.
Mayor.' I want to know where the money is corning
Mayor FerreWell, that's what .the motion is going to read. Let
can work this motion. properly.
s see if we
Mr. Plummer:. I` want to caution you, you know, I am with these people 100%.
But let me tell you something, you .all. .better ,know ;that the Plan is in trouble
more so than the System. We have experienced.'.what, Jim?, about a.year now,;
and that's not my Board but I know what's going on. They have had for the',
first time, Mr. Mayor, to call. money back from the Money Managers to
pay recipients. That is not the case with my Board. That iE the first time
that there has not been a free flow to the Money Managers and it is only
because there were not sufficient funds to pay the retirees. Ninety percent
of these people come under that particular seginent, the Plan, Mr. Carollo's
Board. And, you know, and with them, if we can find the money, then let's go
with them, but I would almost have to make mandatory that, in fact, that money
must be paid from the General Fund and not from the Pension Fund. It's just
not there.
Mayor, Ferre:. Well, I think the way to do this is as follows:, This is a motion
reiterating Mo.78-420 and instructing the. Administration to come back -let's.
put a date on it so that we don't have a year and a half slip on us -...Would
the second meeting in March be sufficient time?...Instructing the Administration
to come back with a plan to carry out the intent of the' City Commission.` And
that's based on Motion 78-420.
Mr. Grimm:
You mean,: 79-477, don't' you Mr. Mayor?
Mayor Ferre:`
, sir, I;mean...the one I have beforeme
seventy...
Mr. Wilcox: Mr. Mayor, I had hoped you would,pass this today because if, we
atdli':this;thing it will. be next: November.'
Mayor Ferre:
Mr. Wilcox•
Tony, "I know but we have to do this with a certain amount of
They've had plenty of time and...
FEB
21980
Mayor`` Ferre: We have to give the Manager at least another month to-come'up
with...and'this time we are giving him a specific date to come 'back for discussion.
The second meeting of March. Is that acceptable?
Mr. Grimm: Mr. Mayor, I do believe the motion number you are referring to is
the later one, however that's the one that the current information is based on.
Mayor Ferre: "A motion authorizing and directing the Manager'. to request an
actuarial study...." that's been done.
Mr. Grimm:, Yes, sir, but I'm talking about that the information is more, current
in that motion than it is in the other.
Mayor Ferre: "The impact of a .5% increase for each full year since retirement
for all retired employees with percentages limited to the first $300.00 of
present monthly benefits and to report these findings to the City." All right,
the Manager has now reported back to this Commission, after that July 11 motion.
And we acceptthe report and request that by the second meeting in March hecome
back with a recommendation to implement that which is the motion, which is the
intent of this Commission. Is that right? Is that covered? Further discussion,
call the roll.
The following tnotion was introduced - Commissioner Gibson, who moved its
adoption.
A MOTION REITERATING THE INTENT OF THE CITY COMMISSION AS:
EXPRESSED IN MOTION NO. 78-420 IN REGARD TO COST OF LIVING '.
ADJUSTMENT FOR RETIREES AND INSTRUCTING THE CITY MANAGER
TO RETURN TO THE CITY COMMISSION NO LATER THAN MARCH•_;:27,
1980 WITH A PLAN TO IMPLEMENT THE INTENT OF THE AFORESAID
MOTION 78-420.
Upon being seconded by Commissioner Lacasa,
adopted by the following vote:
AYES: Commissioner J. L. Plummer; Jr.
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe,Carollo.
Vice Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
FOLLOWING ROLL CALL:
Ms.Hazel Brown: Mr. Mayor, Commissioners, I'm `Hazel 'Brown, Secretary Treasurer.
of the Retirees Association. It' seems to me every. time we cotne here we go through
the same -thing. I'd like to make one suggestion that I think might. help `Jsince
everyone'seems:so concern '�concerned about the Pension Plan going brokeI:feelthat
if a revisionwas made of the current Pension Plan; giving all of these extra
10% and everything to the people who are presently working, you might that the
Pension Fund .would be in :a much better condition and perhaps would be able to
help the people....
Mayor Ferre: Hazel we are looking into that right now. Back in November when
I was sworn in as Mayor I -'.said that would be one of my priority items
and we retained a lawfirm that is doing a substantial -two lawfirms- that are
doinga substantial amount: of research and I"""think that there are a lot of people
that are going to•be.in.for surprises. All right?
Ms. Brown: It seems to me that a lot of moneyis going
only worked for a few years, ridiculous amounts.
Mayor Fevre:
Well, we are getting prepared.
Mr. Ernie;`Fannatto appeared.in front of the City Commission and expressed his
believe that the City should help the retirees who are in a'low-income bracket
but bitterly indicated that the Pension Fund moneys were not being taken,care
of well. He also resented that funds coming from the General Fund (which is
where "the taxpayers' moneys are) would go to alleviate ,the situation. He also
expressed that he did not agree with the City investmentsmoneys from the Pension
Fund in the stock market.
out for people that have
13
FEB 121980
Mayor Ferre: All right, sir, thank you.
•�.,Jr i,ti'.'•k...r,:;i5;�j�°1;.:.+n.jr?',�.���[;'i+t`,rtii�':7`..i"�� J.�,}�;�;�� �:Li�•Y; ..�::w
4. DISCUSSION OF THE "MIAMARIIA" CONTRACT.
'C.-kW v;
::a,'or Ferre: All right, now we are on the discussion of the Miamarina
contract. Item G. All right, Mr. Grimm.
Mr. Vince Grimm: Mr. Mayor, at a previous meeting Commissioner Gibson asked.
that this be scheduled on the Agenda. The Waterfront Board reviewed this
on February 6 and during this discussion there were several suggested changes
made by the. Waterfront Review Board and these were voted on. Now, since that
time, we have not been able to get together with New World Marinas, Inc. to
get their opinions as to what changes are acceptable and, as a consequence,
what you have before you today is the agreement as it stands without even any
of the modifications as suggested by the Waterfront Board.
Mayor Ferre: Well, Isee Mr. Post and Mr. Sawyer and Mr. Sorg in here, and I
would just like to say to them, in fact I'll quote Father Gibson -if we. create
these Boards, I know they are a; pain.; the neck sometimes, with all duerespect
to you, sir- but we really have got to let them have their full..whatever you
want to call it. 'I'll be perfectly willing to listen to anything but until
you, Mr.Sawyer,, tell me that the majority of your authority has concluded on
this °I don't think it is appropriate for this Commission to come toa conclusion
on this. But if you would like to be heard, Tom, if you would like to say some
LLi.la, it's fine with me and with the other members` that are here.
Mr. William G. Sawyer: I'm William G. Sawyer, Chairman of the Miami Waterfront
g g hours we have
Board. For the last two.meetings consuming some consecutive 10
discussed and deliberated. We did arrive at a decision, it was a split decision.
Of seven member in attendance the vote was four to three it fell uponyours
truly, as Chairman, to be the deciding factor. In other words, the Board
itself exclusive of the Chairman voted three to three, I as Chairman with some
conviction voted for this contract. It is ...you have delivereda dilemma unto
us because this, thing is not in such a cut and dry situation that we can get a
grip or a firm handle on either side of this thing. Specifically, the figures
presented to us by.the City are applicable to what it would. and. what it des
cost the City.to run this Marina. In a great divergence, in a large .percentage
this does not mean this would be the cost experience of a private operator.
Therefore,`. from the City's side of what figures presented to us, we could not;
depend too much on what the situation would be for a private operator running
it in order for the City in that situation to get a fair return From the
private operator's side, we were presented with no figures in cost estimates
with no estimated budget for what day might begin to estimate what it would
cost them to run the Marina. In other words, I'm telling you, we are dealing
with somewhat of an unknown situation on both sides. We can only. come to some
approximate decision. First of all, it is going to be a very, difficult job, for
you gentlemen, sitting there without having some very serious`, study without
serious collaboration with staff to do anything other than make a snap judgment
on whether this contract is the best thing for the City of.Miami as far as'the
contract is concerned, the terms of the contract. There are so many open ends.
That was the dilemma which the Board was faced with and what required so much
discussion and: which came to a split vote.
All right, let megive you some guidelines. You want something you are
going to hang on to. Let me say this to you with conviction. There is no doubt
in my mind that, 1) the City of Miami would be much better of with the operation
of this Marina_ with a private contractor. Not only do 1 think they will produce
more revenue to the City of Miami than the City of Miami is producing itself
r think they would do a better job both for the City and for the tenants.
That is really what', the predominant' thought was in my mind in making the swing
vote. Now, as to the terms of the contract, we got bogged down in some. little
4
F E 0 121980
administrative details which were...people wanted incorporated with, unfortunate-
ly, I think, some people lost sight of what the major features should be con-
sidered. Major feature is -what is the return to the City. Based on this con-
tract, and the terms of it, it is estimated, if the gross revenues amount in
the first year of private contract tour operation, the same revenues which the
City: had in running it last year, approximately $500,000. The return on dockage
revenues to the City would amount to something in the order of $55,750 dockage
revenues, exclusive ofconcessions, etc.
Mayor Ferre: Versus what that we get now?
Mr.,Sawyer: Actually, a loss is estimated, or on new revised dockage rates which
just went in effect by the City, we don't know because we have not completed a
year. The City staff might be able to give you a better estimate on that than
i would. I think on proposed budget and what the new rates were they expected
to clear, ;possibly, .$16,000.
Mayor Ferre: Mr. Sawyer, I don't meanto interrupt your presentation but I do
want to ask the Administration for a response on that somewhere along the line,
I would like to know what apples to apples on the project rates, what the projected
income would be. Go ahead, Mr. Sawyer.
Mr. Sawyer: Those revenues, $55,750, net to the City based on gross revenues of
$500,000 amount to something in the order of 11/2%. These days and times, not
really that great. So other things have to come into play. First ofall,
because were looking for an improved situation, we are looking for benefits to
tenants of the Marina, we are looking for improvements, we are looking for hope-
fuly more fishing operations which will benefit everybody. So these things have
to come into play. Not having a proposed budget from the proposed operator,
it is very difficult to know what their net return out of all this is going to
be. :`I don't know. Unfortunately, this contract as compared to the Biscayne.
Recreation. Development contract,did notrequire a budget to be submitted annually
to the City, to be approved by staff, in order for everybody to know where they
are. This contract does not cover that. I, for one, post actively think that
should be in there. I did not unfortunately bring that up at the Board, on re-
consideration, I think it should be in it, that some kind of a budget is required
to be presented by the operator.
Mayor Ferre: Where does it stand now,
Mr. Sawyer: No, sir, where it;stands is thisi,contract was"approved by,,the Board
on a'voteof,4to-.3. Subsequentlome people:are_very, upset, some: peoplefeel
thin is,a give-away. They feel. that $500,000"revenue. and the` -:City?; getting 10%
out .:of : it, somebody is going to make alot of ;money out `,of it. We don't. know.
It,all depends what, their labor. budget is,".what their insurance budget,is,,.we
don't know, we've never been;shown those>;figures. They;;maintain:that;their"opera-
tion is not going to be"too much less costwise than'the City's is. They'll have
to.justify that in their. presentation. Subsequent to the. contract; being voted
4 to;3, because of protest from members of, the Board it was.. decided to reopen
figures and discussions for making recommendations on the contract, notfor
changing the :verdict that we, want to see a private operator, and wewant;: to' see
him have this contract. `We reopened it and several recommendations were: made.
Lean read those. to you .'if you would like to hear ',theta.
Mayor Ferre: Well, .let me, in the interest of tithe, ask'you.this, rather.than
recommendations and -dissenting and' all that. What we want,:'i think, n.,this
Commission is your '>f inished package, and' then, at :that ,point,; that's where we
takeitup. I don't think it' ', f is appropriateor. this Commission to take this up
until you have concluded.. :Now, if; you have concluded then`I'm ready to take this
up.;today• if we have to.
Mr. Plummer: Mr. -Mayor, let me only"say.this, and;I for one appreciate, what` the
Administration has done, if ,you will read the.agenda,it basically says this
is._`.being proferred to us at this time asking for comments from the Compassion,
asking for suggestions of changes,:; or additions or deletions, and what they;` are
doing, the Administration is givingthe_. Commission 30.or 40''days leeway and I
appreciate that, because you will recall. with' the last contract we had three
days, and, you know, this is a"rough draft, it's. marked such okay,- Commission,
here it is, what you are looking 'at,- what are your ideas, come back and then
we -;can go to final draft.
Mayor Ferre: Yes, J.L, but you see, that completely circumvents the purpose
ofcreating a Waterfront Advisory Board.' The Waterfront Advisory Board is a
citizens group that represents the marine` interests, the civic clubs, the
15
B 1980
environmentalists and so on and they are supposed to deliberate and <comeback:
with a package....
Mayor Terre: If`<it' s four to three, then that's fine, then..`..but Mr. ,Sawyer,
says that they are reconsidering some of the clauses and I want to know'if it's.
concluded or not; f:it's concluded I've got no problems....
Mr. Sawyer: We have concluded and have recommendations .I don't know'if the
Commission has .received them b
last Waterfront Board Meeting
the contract, some 9 of which
the ones that were accepted.
•
ut they are categorized here in the,Minutes of:the
There were a total of 21 recommended :changes to
were accepted. If you want me to,.I can "run through
Mayor Ferre: Were they voted. upon?
Mr.
Mayor Ferre: That was your. conclusion.
Mr. Sawyer:
Mayor'Ferre: Then, what we'need to :do is`to hear from.the attorney .repres•ent
•
ing the Management corporation and to see if they accept those' nine recommenda-
, . ,
tions.
Tom Post, Esq.: Mr. Mayor, Commissioner; my,name is Tom Post.-I'm:an"attorney
in Miami, I represent New World Marinas. 'We have with us today the President.
of New World Marinas, Mr. Dubbin, who is here in front of us. I'm very
happy. to be here at the end of two years of working with the City concerning
Miamarina and its operation. We started with thethought of bringing the marina
into flower and bloom, and making it a beautiful place for boaters and a full
service facility. We have worked, for two years to develop a contract which.I'
believe has the full support of: the: City staff and they may speak to that, and
which has 'been ,;approved by"'the Waterfront Board. I think it's important for.
the City to realize what it has in Miamarina and what it doesn't have.. At.
the present time the figures will show that the. City. basically has°been losing
•
money with the Marina and this year would hope to break even. The $16,000
that`.>was mentioned before represents funds that would go into various repairs'
on pilings "and'` have deteriorated and needed replacement. Secondly, I want to
remind the Commission, that the Marina is at ,a cross-roads, and that is that at
the 'present time the Marina is facing something which it had never faced before
and.that is, serious:.competition, because right down the street will bd open
this;; year a,300-slip .new marina at Plaza Venetia,. and just at the end of South
Beach will.be a,500-slip marina on south Miami Beach. Now,everyone is:fami"liar
with the gas prices 'and most 'of you as public officials know that if the Presi-
dent has his way one of, those, entities which will -be 'severely restricted,in"gas
allocation is the boating public. Everyone is going, to get gas for their car
before the boats are going to get their gas. to "joy -ride., Now, what we have
proposed .to the City is a guarantee. The City is guaranteed off the' top in-
this,proposed .contract a minimum of $40,500,,no matter what. That money is
put up front into a bond and the City has that, on_,�dockages alone. In addition,
Mayor Ferre: Mi. Post, in the interest of time, we are all in agreement, I=
don't think there is...I`can';t speak for the Commissionabut.I`don't think, that
anybody disagrees with either -the intention,of having the private sector
manage or. withthe contract, once it's, approved.`- My, question toyou..spcific
ally,°and I would be grateful if youcould address-yourself�to`-the '9 points
that, they= have:nowadded, by a.majority I.assume, of ,the, 21 that were' brought
Mayor Ferre: All right. ..I would "like to hear now `from Mr. Sorg,"at this time
who;<I know represented a,minority position, and I would like"for the record
to have his position.
Mr. Stewart Sorg: Mayor, Ferre,. Vice Mayor Lacasa,;members of. the City Com-
mission. I want to be very brief but I'd liketo bring your attention on -
the....
F E B 121980
Mayor Ferre: Mr. Sorg, you need to identify yourself, and who you represent.
Mr. Sorg: Excuse me, Mr. Mayor. I'm Stuart Sorg,President of the Coconut
Grove Chamber of Commerce and member of the Waterfront Board of the City of
Miami.
The issue of Miamarina was brought before the Waterfront Board on two;;
separate occasions. On the first occasion the City of Miami did not supply
us any figures pertinent to operating the marina, so the consideration clause
was not considered at any time during the first hearing.
I personally called on Mr. Sawyer to return the contract back to the
Waterfront Board to give consideration to the remuneration to the City', which
he was kind enough to do. At that particular time, the second meeting, I
brought out that I felt that there was a tremendous excessive profit poten-
tial for New, World Marina, one of the Waterfront Board members who voted "yes"
for the contract at that time said, when we got back to the discussion of
my portion of it, he would vote in favor of rejecting the contract. Unfortunate-
ly, during the second meeting on this contract, it went on until 7:00 o'clock,
and'I was forced to leave to go to another meeting and we couldn't get into
the remuneration portion. And my request today is that this request be brought
back to the Waterfront and that it be handled on a proper basis so that we can
get deeply into the remuneration` portion, which we have not discussed at any
time as a Board.
Mayor Ferre: Are there any
Mr. -Post do you want to add
questions from the members of the Commission?:`
something?
Mr. Post: Mr._Chairman, `I just want to Make sure that;the Commission' is fully
aware that there is much more that the City has to gain') from this contract .'
than just -funds off'the dockage.. In addition, New World guarantees to the City
25%:of all.gross concessions on their returns and 10% of all non -dockage returns.
Now,'those figures,':even:at today's rates, are in all cases in excess of 10%
on the 'grass, not net, but "gross". You go out and find a company anywhere:that
is, willingto give you figures on "gross" of 10%, you are doing very; very well.
And I would just say in regards to the question of increase of additional fees
that: when? the. Waterfront Board addressed that at two meetings, and the minutes
are:here before us, there was no second even on any request for increase,.; even
though -the -minimal guarantee on the dockage level.I am fully satisfied and I
fully believe that New World Marinas .can operate Miamarina in the manner in which
the `City would like to see it operated and produce .a wonderful return for. the
City where it is now receiving zero.
Mayor Ferre: All right,
add something?
are there any questions? Mr. Sawyer,do you want to
Mr. Sawyer: William D. Sawyer, Chairman of the Waterfront Board. .,One of th
thing that upset a number ofthe Board members was that just recentlythe
rates have been increased by the. City of Miami to the tune" of some 25% which
means that the respective contractor is waiking into what on the surface appears
to be a 25% windfall over and above what they have initially figured and cal-
culated over the course, of these two years in the negotiations. However, we
haveto keep that balance in mind when rates are raisedbecause inflationary
factors are causing everything else to go up so their costs are going,' up
n
A question I addressed to staff and which I got some answer out ot, rranKcty,
a satisfactory.. answer to me, the question was asked of staff: what would be
the difference based.. on the terms of the contract for remuneration as it exists
in this contract that we have voted on, over above or compared to a straight
fifty-fifty deal, 50% net City, 50% net to the operator. I was answered that
the City at one time had run these figures but based on old inputthey weren't
sure it would, be in any way applicable today but even on the old figured input
the return to the City on a 50/50 split net would be less return than was proposed
in this contract. Now, I'm not sure I'm satisfied with that.
Mayor Ferre:
ing?
Sawyer, in the interest oftime again,' when i
Mr. Sawyer:'. Next:meeting is scheduled for 27th of
Mayor Ferre: We have a meeting on the 28th.: If ;we pass"a motion here tentative-
ly approving to go forth with;;this.contract with the nine additional points, 1
assume the Administration has,'no objections to those.nine points,you've ac
cepted them and you've proferred them, and the only thing that we:have>left,is
the question of remuneration, and ;that y,ou limit your' discussion then onthe
28th on;that aspect'of remuneration, and once we vote,•on,this-contract-thatwill•
your next :meet-
�,7
FEB 121980
be the one thing that we will be discussing, then I think we
Is that acceptable to you?
Mr. Sawyer: That's acceptable to me provided that -and really,`the only way
that you can get a grip on this thing is, quite frankly, if we hadan inde
pendent accountant come in and subtract out of the figures presented.by'the:
City those elements which will not apply to a private operator and; get down
to some base figure that this is about what it's going to cost the private
operator to operate it. Now, I'm not asking for that, but what I'm asking is
to hopefully_ for some guideline figures from the proposer, that this is an
estimated proposed budget. Now, I don't know if they are satisfied with that
otherwise we don't know what we are dealing with, we don't know what the dis-
crepancy between net and gross is going to be on their'operation'and, in reality,
the City may come short onit:
Mayor.Ferre: All right, Mr. Knox, the legal aspects of this'.. We have an or-
dinance:to change;with regards to getting two appraisals. Is that"applicable
to this?
Mayor Ferre: So, when we get those two' appraisals, as`;I recall what we previous-
ly did, we moved -I'm.talking about Miamarina, do you recall- we moved-andit was
all based on the contract not being put into effect until those appraisals came
in, so I,would recommend that we'follow that same procedure here, and:.;I.think
what we should do, if it's all right with you, is that we move on this.matter
as "a matter, of principle,, request that the Manager bring a final contract to us
on the 28thwith the additional nine 'point's. The only area to'be discussed then
on -the 28th is the remuneration.
Mr. Grimm' .Mr. Mayor,.I think we .can do what you wish. I would like to point
out to.the Commission that some of those nine points involve legal questions
and I'm not sure that Mr. Knox is aware Of them.and Whether or no t,that`time
schedule places too much of a burden on him,' but. presuming it does not,, we'll
be;prepared to be back on the 28..
Rev. Gibson: Mr. Mayor, members of the Commission.' I know I sound like -a:
pessimist today. I just don't understand how we lose, so much time. I am.;
pained when the public comes to do business with us and it takes the public so
long...it just disturbs me. A man can bid on a job with government say, in
June, and you fool around until December and the cost of maintaining:or_producing
goes up, and, up, and up, and then he goes to work....I just dealt with a situa-
tion with HUD,' and he will lose the shirt Now, it seems to me, Mr. Mayor, we
need to instruct thestaff as of today, I'm sorry Mr. Grassie,isn't here, that
we expect matters to be dealt with a pronto, that means "right away," To. me,
I getsickand tired of coming in every meeting and spending all night and all
day rehashing and rehashing. If these people are having a meeting and you
are having a meeting, why the devil don't you get the necessary information.
We hire 'professionals, meaning they ought to know what things they need to have
when they go in a meeting. Now, Mr. Mayor, I'm going to make that motion, and
I:promise you and .God,: if that staff doesn't get the job done when you come
on the 28th, I'm going to ask to pass it and getthis thing off, to get it away
from us, because you know what? I remember the heat I. took in thisbusiness
and I'm tired of waiting and waiting. It's just not good.
Mayor Ferre: All right, there is,a motion of intent here that this contract as
presented, provided it's legal, be brought back in final form,on the meeting of
the 28th of Februaryand that the Commission indicate its intention to pass this
and the only thing we would haveoutstanding would be the remuneration to the
City, which you'll hopefully concluded on the 27th and please. Mr.Sawyer. and
I:( don't mean to be in any way offensive, but, don't come telling us "we think.."
and "maybe..", you know, give us a clear recommendation. We may disagree with
it and that's our prerogative but I'd like a very clear indication as to what
the majority of your Board thinks is, a fair remuneration, and then we'll' discuss
it.
Mr. Post: Mr. Mayor, I believe that your City staff has worked on this contract
for two years and they have' indicated'. to me -and they are sitting right here -
and they have indicated to yu that they spent two years working on this con-
sideration;and we have locked heads and butt headed in trying to get it in, and
when our original proposal was in'it was a guarantee across everything and now
18
FEB 19S0
it's just on the dockage rates, so it has come a long way, but .I'think that
your City, staff has conducted. the studies requested and I would ask that the -
Commission call on them for their opinion on the consideration, I thinkthat's
only fair.
Mayor Ferre: I understand, and of course we'll do that on the 28. I don't
think I need to remind you that there are many people especially in the press
that have been very critical over the past and question the wisdom of what the
City Commission is doing on leases and we've set up some guidelines. We've
done two things that I think dramatically change and hopefully will alleviate
any fear that members of the public or the press might have. One is we've set
a series of guidelines that must be met for the leasing of public waterfront
property to the private sector. There are four things that need to be done.
In addition towhich we've created a Waterfront Board. Now, it seems to me
and even though we have dealt for many years on this, I think you understand
that this has not been exactly a non -controversial item, and there are a lot
of reasosn why it has taken two years. On the other hand, with all due respect
to the Administration, I would say that one of the reasons why there is frustra-
tion is because the accounting process is not altogether clear. We really don't
know -at least, it's my perception, that we don't totally know; therefore, Mr.
Sawyer: and his Boarddon't totally know what the real facts are, which is a clear
indication to again of why the private sector can run a marina a heck of a
lot better than the public sector. I mean, we can run Police Departments and
Fire Departments but when 'we;get into areas like boating and marinas, it seems
to me that we are better off letting somebody who has the proper motivation, as
long as we limit what that "proper limitation" is and control it. :What ,we really
need to know is whether the limitations, and the return to the City, andthe.
controls, are sufficient. And we have a motion from Father Gibson, la there a
second?
Mr. Lacasa:'
Mayor Ferre:
Mr. Grimm: Mr. Mayor, just to put Father Gibson'sconcernsat ease."I'd'like;
to tell him that staff was perfectly prepared to put this on'.the agenda today
for final action. On the technicalities that the Board' had already approved
this agreement four to three, we chose not to that because we"know'that.this"
Commission is concerned with what the Waterfront Board "thinks; andsince the
Waterfront Board itself was in a turmoil, we felt that you ought.to,have the'
benefit of that. But we were prepared tohave it on for final action today.'
Rev. Gibson: All right,
Mr. Grimm: And secondly, let` me say in priorities, we consider a percentage
contract, based on grossas".placing"the burden for the operating expenses, on
the: manager, and as long as we feel we get a fair share,,:"we,don't_care
what it costs.'
Mayor Ferre: As I sense the concensus here, Mr. Grimm, is that weare in`
effect approving the idea,` but; we ,are holding back until' the'28th.as"to.what
is a fair return. At that time, we'll"hear from Mr.,Post, we'-ll"hear'from""the
Administration:'and•we'll'heat from the Commission.
Mr. Grimm: Except, ,we will modify the agreement to include the nine provisions
voted on by
the Board and agreed to by....
Mayor Ferre: Provided they are legal. All right, further discussion on,.this.
Mr. Plummer: .Mr. Mayor", let me state.for"the`record"that I have studied that
contract and from first initial Gook I am in:`favor`,of this contract. I will"
vote negatively on the motion.; In.:.my"estimation the motion is out,of order.
This is merely on our agenda for discussion purposes,` and I think it served its
purpose for discussion and I don't think -that :this Commission -should act prior.
to the appraisal, I' think that that was written in as a safeguard and I.think
that this action is prematureand out of order, so I will vote negatively but
I'don't want it to reflect that I_'am negative ,on this contract as I have 'seen it.
Mayor Ferre: All right, further:discussion,
call the roll, please.
,9 FEB 121980
The following motion was introduced by Commissioner.' Gibson, who.moved.its'
adoption:
MOTION NO. 80-75
A MOTION EXPRESSING APPROVAL IN PRINCIPLE OF A PROPOSED
CONTRACT FOR THE MANAGEMENT OF MIAMARINA; FURTHER INSTRUCT-
ING THE CITY MANAGER TO INCORPORATE THE 9 POINTS STIPULATED BY
THE WATERFRONT BOARD IN THE PROPOSED CONTRACT AND DECLARING
THAT THE ONLY ISSUE TO BE DISCUSSED WHEN THE CONTRACT IS BROUGHT
BACK TO THE CITY COMMISSION ON FEBRUARY 28, 1980 WILL BE THE
MATTER OF REMUNERATION.
::Upon being seconded by Comissioner Lacasa, the motion was passed and adopted
by the following vote-
AYES Commissioner (Rev.) Theodore R. Gibson
Vice Mayor -Armando Lacasa
Mayor Maurice A. Ferre*
NOES: Commissioner J. L. Plummer, J
Commissioner Joe Carollo
ABSENT:
ON ROLL CALL:
*Mayor Ferre: The vote now is two "yes" votes and two "no' votes, so the
Chair has the final vote. I think Commissioner Plummer is theoretically
correct. I think he is practically wrong. I. think it is time for us to
move; ahead. We always have these reasons why we cannot do things, and I
think what in effect we've done is: -hopefully- we've gotten the best of
several worlds. We've gotten the input of some very knowledgeable and
sophistitcated'people in the community, Chaired by Mr. Sawyer; we've gotten
two years of negotiation from the Administration; this has had more press
coverage than just about any other item in the City`of.Miami other than Watson
Island, so'I think we've just about had fullexposure of everything. And I
think we can come to a reasonable conclusion on this at the next meeting, and
atthat time we will have recommendations and the final draft and I think we
can conclude it and we will, have complied with most of the requirements. With
regards to the appraisal I think that's something that we'll :;have .to
obviously the final contract will have to be basedwaiting on those appraisals
to be concluded. If they come' in fine, then the, contract goes into, effect.
If they don!t come in properly, then Mr.Post, I'm:afraid you :;are ;in for
another series of negotiations. So I vote yes.
Mr. Plummer: I'd like to ask the Administration at: this .time :what „were ;_ the
evaluations, on the Dinner, Key property.
Mr. Grimm: I have not seen them yet,
I'll 'find 'out and let you know. later.
Commissioner, if they are in the office
Mr. Plummer: You haven't: seen: them, the Commission hasn
contract has been approved, thank you.
Mr. Grimm:
appraisals.
Mr. Plummer: With 'the final decision being made by .this Commission? Who makes
the final decision as to whether or not the return on investment is proper?.'.
t seen :them,.:,but
the
Well, it's `conditione
it's conditioned on those
Mr. Grimm: The final decision has always been by this Commission.
Mr. Plummer: I'11`be interested to see that.
Mayor Ferre:
FEB 121980
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5. Discussion of MINORITY PARTICIPATION IN CITY'S CASH MANAGEMENT
SYSTEM..
Mayor Ferre: All right, Item I, Mr. Grimm.
Mr. Vince Grimm: Mr. Mayor, members of the Commission, at the last meeting
you requested that the City look into the idea of getting more minority parti-
cipation in the City's funds. Mr. Gunderson has prepared a plan which would`
get minority business banks an opportunity to participate.
Mayor Ferre: All right, Mr Gunderson.
Mr. James Gunderson: Mr. Mayor, members of the City Commission. The proposed
Plan would provide a method to be used in our bidding competition. It, would
take a certain sum of the total amount available at a particular bidding date
and preserve from that amount contacting each of the minority banks asking
if they wish to participate in that reserve amount at the highest interest
level obtainable on a bid that date. If they accepted that, the remaining por-
tion of that amount for that day would go out for bid and the interest rates.
would then be established and that would be the rate the minority banks would.
pay:. for the participating amount that was set aside as a reserve
Mayor Ferre: All right, any questions of Mr. Gunderson by the members
City Commission?
Mr. Lacasa: Yes, Mr. Mayor. Mr. Gunderson, would you describe to us what is
the present system in which the moneys of the City of Miami are allocated to,
the, different banks, and also the present system through which the banking ser-
vices are contracted for with banks, the banking services that the City needs.
Mr. Gunderson: Yes, sir. Let me take the last one first. Two years ago last
May, in fact, in January of that previous year o_ f 1977, we went out on bids on
1978, we went out on bids for banking services. At that time we submitted to
all 24 banks in the City of Miami a request for proposals outlining to them the
scope of services the City required. Those banks were called, we had meetings
a bid was awarded on the basis of the lowest cost of service to the City at.
that time by PanAmerican Bank. A contract was `entered into by Pan; American Bank for
three years. We have all the services now, banking services perfortned by the
PanAmerican Bank which was the result, of that bidding process almost two years
ago. The second half of your question is relative to the amounts of money that
come to the City for invesment on a daily basis. We are controlled by the Charter
provisions. under Section 47 which is recited in your memo, that the highest rate
ofinterest must be obtained. We obtained the highest rate of interest by
going out as the comes comes available, to all the banking community to get the
highest rate of interest on that particular amount of money at that particular
time.
Mr. Lacasa: Now, when we have monies to be placed in a bank, we get them out
for bids. Let's say that we have $10,000,000.so we do have different banks.
bidding on those $10,000,000. Do you mean to tell me, then, that the bank who
is the highest bidder gets the $10,000,000?
M
M
•
.`<Gunderson: Yes, sir.
Lacasa: The whole thing.
Mr..,:Gunderson: The whole thing.
Mayor Ferre:, Well, see, -:and Father, this is:the.key thing,I know:, Mr.`Duffy
for .example has had a.serious interest,...Mr. Holtz and -other members of mtho-
rity banks. I>think that the situation that we have to very_'. clearly understand
is that the law, the Constitution of the City called the,Charter,'requires'that
we use the highest rate of interest. Now, what you are talking' about. is. putting
out substantial amounts of -money at 51/2% whenin,effect we could be getting;13%
F E B 121980
interest and .you are talking about a substantial amount of money and the, last"
time . but.that is not what concerns me as much as this. The other side of
•
it,Mr. Gunderson, that you and I talked about, is that there is a perception
out. in.the''banking community that the City of Miami utilizes, uses, one bank
against the other to get interest rates up rather than to say, all right, -;we'll
open at 2:00 o'clock bids and whoever the high bidder is that 's who we are
going to use. The process is that we get a bid and that subsequently changes
becauseanother bank comes in and bids higher and we get into this process. Well,
that happened specifically back in November when I talked to you about that case
when the bid came in originally at 10% and then it went up to 11% and.11-5/8ths
and 11-7/8ths and it kept going up over the period of three or four days. 'Won-
derful, the City is better off for it. However, it puts an unfair burdenon.
some of these minority banks and I think that my interest is, infollowing the
same system that the State and the county use and I perceive. that we`.;.are not
doing that. And my question to you is -is the system that we are using the same.
as the...?
Mr. Gunderson: The County adopted our system,
Mayor''Ferre
Mr. Gunderson:
Mayor Ferre: There is a memorandum out from Mr. Grimm that the Manager over
my signature, that goes back to December. I realized that only a month has
gone and that I<have been on vacation some of that time. I would like an
answer to that memorandum. The memorandum specifically recommends that we
bring in our outside auditors to study what different fiscal policy systems are
and that we adopt what is the current policy in other major cities, the county
and the State. I would assume that what we have now is functioning properly
but I'"would like to have confirmation from an objective source.
Mr. Lacasa: There is an alternative that I would like to suggest to the City
Commission. We do have this situation. We have minority banks are are serving
specific target areas in the City of Miami and they are providing a service
practically ata lossbecause those specific target areas are not at the 'economic
level that would permit a bank, operating there to operate at a profit. So, one
alternative, I am going to suggest that the City give the opportunity to these
minority banks to participate in at least 10% of the funds at the same ratethat
the successful bidder gets. By doing this we are not violating the Charter and
the City is not being hurt financially and the minority banks can participate.
Mayor..Ferre: Let me understands this right, in other words, we go out, the same
way we do, suppose somebody comes in at 13% and we give the minority banks an
opportunity for .what?2 days or 24 hours?: .to`:take 10% 'of- that.
Mr. "Gunderson:
our system.
And does the State use;
tell you at this point.
That's what we are recommending here.
what you
sense.
Mr. Lacasa:. That's not all. Now, we have to_get'to the; question: of the regular
banking services. Obviously, we have a contract, an outstanding contract with
a bank, it happens _to be the PanAmerican Bank and I understand that;: that contract
will; be up next, May, not thiscoming May `but 1981,, correct?.,=So there is"nothing
we could do legally"until then, okay. However,' what wecould �-do_
same :kind of provisions so the minority bank
of those banking services t
is to make the
scan also participatein a percentage
that the City is going to contractwith .whoever will be
here again, the highest bidder, correct?
Mr.. Gunderson: In the banking services, does, that Mean you
services up among the.minorities.
Not among all the minorities,,among the minority _banks'.
Mr. Gunderson:
Mr. Lacasa:
vices.
And there will be anopportunity also to participate in those ser-
Mr. Gunderson: Yes, okay. They had an opportunity
o participate at the last
.22
F E B 121980
bid for our services.
Mr. Lacasa: Yes, but I don't mean participate in the bid, by itself. Minority
banks, specifically those that we want to help to sustain themselves in'those''
specific targetareas, obviously cannot be at the same rates originally`than
stronger banking institutions, so what I'm trying todo is to givethem an op-
portunity without jeopardizing financially theCity and without violating the
Charter thatthey could have an opportunity to participate to a certain extent':
in a percentage, do you follow me?
Mr. Gunderson: Yes, I understand what you are saying
Mayor Ferre:
That makes a lot of sense.
Mr. Plummer: Why don't you do this,- why don't you just say to the Administra-
tion that at the next meeting you want them to come back -knowing the expression
of this Commission showing ways that we can better favor minority banks in our
cash'_ transactions, put the monkey_ in their backs.
Mayor Ferre: Provided that it is within the law.
Mr. Plummer:. Am I going to suggest that .they do it outside of the law?
Mr. Lacasa: Provided that it is within the law and provided that the City of
Miami doesn't get hurt financially.
Mayor Ferre: But I think what Mr. Gunderson is trying to tell us, :Mr."Plummer,
is that they've already done that, so you are asking them to do what they have
already done. `So I think what we reallyneed to do is say, if Mr. Lacasa is
going to offer his two recommendations in the form of a motion and I. think they
are acceptable to you from what I understood....
Mr. Gunderson: ' Yes, sir.
Mayor Ferrel -
next time.
a Resolution
Mr. Gunderson:,. Let -me -put it into context what Ithink is.Commissioner-Lacasa's
last provision, and that.is, he would not want to implement that,when we have.
an existing contract with.PanAmerican"Bank because we'd be in violation' of their
contract-but.what is talking about"is a"year and a half, subsequent.
Mr.::Lacasa: That is as.far as the banking services are:concerned"and,_only
because we have an outstanding contract and we would.be'in.violation ofthat;
contract. -I would--like;to hear from -this gentleman here who represents:minority
banks in the,specific target areas that I've talking about.
Mr: -.:Simon- Portnoy My name is Simon Portnoy, I'm- ExecutiveVicePresident. of
the Capital, Banks and itis my, understandingthat what you propose is thatat
the "time that,: the -City gives out certain funds for'- bidding,, that a portion'of
the highest bid fund be reserved for the minority,banks;to pick them, a,certain
percentage of it.. It isalso my,.understanding,;that.during"the past years, -on
approximately 100 different occasions, the minority banks have only been'sucess-
ful'bidders'to meet:those rates'in about six or seven different occasions. .What
you are really proposing here, Mr. Gunderson, is a.verysubtle way of eliminating
the minority, banks. from' ever: participating in those funds. If wewere choking
on.those<bids before, what makes you think that we can swallow them now? And
I don't. think:that you've,proposed y gthat's'"feasibleWhat ou',ve d
� y ' p osed an thin y ' one
is:come up.with a_proposal that is -highly impractical; which minority banks'`could
not take before and which are now desguised a little different.
Mayor Ferre: Mr. Portnoy, that's' all very, nice, but if you want to dowhat;you
want to do, we have to change the Constitution.of, the City because theyCharter
says that.we have, to get out and get.the highest bid. Now, what you are saying
is.that'the minority banks can't affordto.pay the.highest bid and therefore it
is a never-ending circle where we,neier;get.a chance to bid on this. So all I
can ,say is we've got one' -of two choices: either we change the Charter, and that
requires a vote of the people, and in my humble opinion -and-I've been around for
12 years watching these Charter changes- the odds against that thing being changed
are ten to one, I'just don't think that the people of Miami would ever vote for
a system which would have.tYie City get anything but the highest bid. And I think
we would be taken to.court, you couldn't believe the agony that we have to go
through to get something like that done. So, what we have to do is find alter-
4.
FEB 121980
natives within the Charter and if you don't like these, please recommend some
others.
Portnoy: Well, Mr. Mayor, the only reason I've made these comments
because;Mr. Gunderson kind of waived a paper which indicated that he already
had,made the.study,made the:recommendations I just want to make it.:plain
that those recommendations are: really not pallatabie and I think thatthe` intent
of the`Commission is well stated,that he come back and really do the job this.
time.
Mr. Portnoy:. Well, I'm not in a position
in light of some of the...
Ferre: Will you then by the next meeting?
Mr. Portnoy:. Yes, Mr. Mayor, I:certainly will.
Mayor:Ferre:. I think you have to get yourself your attorney, go through the.
Charter. and.: have a meeting' with Mr. Gunderson and see what you can come up
with. .'Imean,;look, I, think everybody here on :this Commission...there are how,;'.
many minority banks in Miami, five? Three, Capital Bank, which is minority
because Able Holtz is the majority stockholder and he is classified as•a
minority; the second one is Bank of Miami, because it is owned by a. Puerto Rican
group, for the most part; and the third one is the Republic? Is that right?.
Mr. Gunderson: 'No, Continental.
Mayor Ferre: And who is that owned by?
Mr. Gunderson:.
Mr. Lacasa: Which one?
Mayor Ferre: Continental.
Mr. Lacasa That's a Cuban group, that's where Benes is.
Mayor Ferre: That's theone Bernardo Benes and...what:'s hisname�
anyway.' -So -these are the three banks. May I recommend:that:these three -:banks
get together in;your common interest, and see -at least invite`them-;; maybe the
Bank:of-Miami does.not want to participate, I don't know,`but.I would invite
them and have a; meeting. And see if your collective brains with ali of your
respective lawyers can come up with a solution.
Mr. Portnoy: Are you suggesting then that we participate in the
Mr.. Gunderson..'..
MayorFerre: Absolutely. I think of the issue as being...you ate -the interested
parties. These are three minority banks saying -hey, we want a larger share.There
are twenty five (25) banks within the City of Miami that are based': here, three
of them are minority. -and -you are saying you are not getting your...fair share.
I understand, accept.Your concern, I think it's valid, and Ithink we have to
do within the. Charter.
Mr. Lacasa: The criteria being that you will have to finda formula through
which you ':could:participate financially. In other words, something that is -as
you put is- pallatable to the banks, that financially speaking you can live with
and that at the same time does` not violate the Charter-of:the City of Miami.
Mr. Green wants to make -a statement
Mr. George H. Green My name is George H. Green, 'I am the President of the
Miami -Dade Chamber' :.of Commerce,black businessmen..: :We are concerned, and you
should be concerned too about the bottom line. And what is the bottom line? The
bottom line in -this: case isthe sustenance,. in this. particular case, to black
people in the`'Biack., community, to black business people who deal with these
minority banks. The availability of the funds that can be utilized by the black
business,, people and by, the:black people n,the community and you are servants.
of the people. And; you want to make sure that these minority banks get. their
fair share and we are very concerned -we plan to monitor it- andwe hope that you
take decisive action in making sure that this plan works and that these banks
24
F E B 121980
can live within the guidelines that you bring up and nothave the giants -as
they normally do- take the lion's share of everything and not pass anything`
down. Andyouu have certain banks that have made statements, there were many,
many millions of dollars and they'll get frontline press for doing something
one time for minority, but you have banks out there every single day that`'are
doing something for minorities and these banks are represented right here and
I think you should do something about it and help these banks and help' Us.
Mayor Terre: George, just for the record, so that I understand it. Number'one,
I completely agree with.the philosophy of what you are stating but I: want to
understand something, are you a member of the Board of Directors of Capital`
National Banks?
Mayor Ferre: You are not, okay. So you are here representing:the'Chamber of
Commerce_ and the black business community. Capital Bank is, very suppo.rtive'of
the black'business community. It makes the majority of its loans'and.the
majority of its business in that community. All right, what the-size,'Mr.
Portnoy,* ,of the deposits at Capital National Banks?
(RESPONSE STATEMENT; WAS NOT PLACED INTO THE PUBLIC RECORD
Mayor,Ferre: $140,000,000,;these
that serves the Black community?
(RESPONSE STATEMENT WAS
are all the banks.
NOT PLACED INTO THE PUBLIC RECORD).
Mayor Ferre: About:$10,000,000. All
get it into the public record? Idon'
now:thatyou've opened itup,a little
public record.'Of 'the '$10,000,000;on
the one
right, can you come -up here so that we can
tmean to get into this kind of a thing but
bit I want to get a few things into the
deposit, how -much of that is' loaned out?
Portnoy: Approximately, $12,000,000.
Mayor Ferre: Of the $12,000,000, how much of that
men?'
Mr. Portnoy: Virtually all of it.
black,business-
Mayor Ferre: Okay: I just wanted toget that into. the': record because there are
some people who criticize,who;say,that, in -effect; :,that`this -'is not a Black bank
because the ownership of:'it is not...there are no:Black:owners There is no
Black bank in Miami. There was atone time but` unfortunately it didn't work out
and -so in effect this is a white=owned bank that works>in the Black community.
Well, :I think it is important to estabhish, into:the ,record that the Black com-
munity has, serious interest in itbecause that-Bank.in'effect lends all of its
money into thetBlack communityand::thereforeIt is':importantto the Black business
community_, to have a Bank that they;can go by" orrow monefrom to do their businesses.
I just wanted to get -that into the'record:,
Mr. Lacasa: Mr. Gunderson,;what;is the 'procedure in.relation=to the Federal funds
that.the City gets? ,I understand, that:the interest rate that are being paid in
those Federal funds; that:the:City doesn't make those interest; rates? Is that
right? How does that operate?
Mr. Gunderson: Well,'let's just take CD, for instance,;. where we .have a large
amount of money presumably coming into the Cityfrom CD,..we'don't.- The actual
t. amounthat we can draw out cannot exceed $300,000:::and-;we have to spend it within
three days. There aren't any Federal funds that we'have available that can be
invested, that's our problem.: The only. ones.that we can investin Federal funds
are those that come from Federal Revenue Sharing.
Mr. Lacasa: And how much are
Mr. Gunderson:
$9,000,000.'
Mr. Lacasa:
Mr. -Gunderson:
And those, are they being invested?
es, sir, they are just City monies, Along with all....
FEB 121980
Mr. Lacasa: What is the policy as far as the interest rate on those monies?
Mr. 'Gunderson: Those...the maximum interest rates that we can get are the same
interest rates that we do in all City monies. •
nr Lacasa: And those go to the Federal Government?
Mr. Gunderson: No, no, we receive that interest as part of our income. In
the General Fund you have those Federal Revenue Sharing monies. That interest
is earned on those Federal Revenue monies and they go into the General Fund.
'Mr. Lacasa: Of the City of Miami?
(RESPONSE INAUDIBLE, NOT PLACED ON THE PUBLIC RECORD)
Mr. Lacasa: Mr. Tuffey (sp ?) you had some concerns about that that you ex-
pressed to me before, could you clarify that? Because I understand that your
conception in this is different from what Mr. Gunderson explained before.
Mr Tuffey: As I understand it on Federal dollars that any interest that was
derived from that had to go back to the Federal Government.
Mr. Gunderson: Yes, in some cases that's true, in some cases, like C.E.T.A.
Laor.ies and that sort of thing, but we don't get monies in advance from any
of those funds except like I've just explained in the CD area. Those are all
received on a reimbursement basis, that is we spend City dollars first and then
get Federal monies back so there isn't any Federal monies to invest, except in
Lhe case of where we have Federal Revenue Sharing.
Mayor Ferre: Well, to show the magnitude of this because, you know, sometimes
,.7e get into the details the perspective of the bigger picture. Generally
speaking, Mr. Gunderson, how much do you estimate that the City of Miami keeps
in banks, I mean, in one fund or another. Is it $20,000,000, $10,000,000?
Mr. Gunderson: •We have an average daily balance of over eighty some million
invested.
Mayor Ferre: All right. I just would like for the members of the Commission
and for the public to know that we are not talking about chicken feed. Eighty
employer here is who, Eastern Airlines? I would almost guarantee you that
Eastern Airlines does not keep $80,000,000 in banks in any givenday.
million dollars that we have in banks is a substantial amount of money and I
would say that -to put it into a corporation basis- I would almost...the largest
Mr. Gunderson: We keep it invested.
Mayor Ferre: I mean, in investments. I would question whether or not they
would have that amount of cash that would be that free. Now, I realize that
ours I.s a different type of....I would like to ask this question,
uestion, $80,000,000
is a lot of rameY, who besides yourself ...you know, most corporations, let's
say the University of Miami -I serve on the Board of the University of Miami-
theY have a Committee -the Board of Trustees that looks after that very, very
carefully. Who looks after our $80,000,000 other than yourself?
Mr Gunderson Myself and a Finance Director who is Mr Burns, who has a
couple of people on his staff.
Mayor Ferre 1 would like to move or ask somebody to make a motion -or do it
any way you think it's appropriate- that amount of money is so large that
really think that we need to have not stricter accountability for it, but I
think we need to have a sense that it is being properly invested, and I would
like to get people from the outside, University of Miami and most of the
governmental bodies, you know, have advisorsto do that. I don't care whether
it's professionals that we choose or how it's
s done, but I would like for the
Administration to come back in conjunction with Peat, Marwick & Mitchell, who
are our auditors, to reconunencl a way .for this Commission, and therefore the
public, to have a better idea that our $80,000,000 are being properl.y invested
and that we are getting the maximum return for it.
Mr. Lacasa: And that at the same time we'll....
Mayor Ferre: Will somebody make that motion?
26 FEB 1 2 1980
Mr. Lacasa: I'd like to make that motion but I would like to add that at the
same time we'll also give the opportunity so that in situations such as -this
that we've discussing today here, to have an input into the, system and; to try
to find formulas that we can use those monies in not only to makesome money
for the City of Miami but also to help in situations such as:this.one which
are rather deserving.
Mayor:Ferre All right,.could_we put a deadline. of. April24? That will give
you plenty''of time and for Peat, Marwick & Mitchell what other cities are doing.
I'm sure they've got, standard systems of doing that. And will.`you'.'come back
with': specific recommendations.` Is:there,`a second to that`. motion?
Mr. Plummer::
Mayor;:, Ferre: Second by Plummer, further discussion,;. call the roll.,
The following motion' was introduced by, Commissioner Lacasa, who moved its
adoption.
MOTION NO. 80-76
A MOTION' DECLARING THE INTENT OF THE CITY COMMISSION AND REQUEST-
ING THE CITY FINANCE DIRECTOR TO MEET WITH REPRESENTATIVES OF
THE THREE MINORITY -OWNED BANKS IN THE CITY AND WITH REPRESENTATIVES
OF PEAT, MARWICK AND MITCHELL, EXTERNAL AUDITORS FOR THE CITY, TO
REVIEW PRESENT POLICY OF CITY INVESTMENT PURSUATN TO TERMS OF THE
CITY CHARTER AND ATTEMPT TO FIND A FORMULA WHEREIN PARTICIPATION:.
BY MINORITY BANKS IN THE CITY'S INVESTMENT CASH FLOW COULD BE
OBTAINED.
`Upon being seconded by Commissioner Plummer, the motion
adopted "by the following vote:
AYES:
NOES:
Commissioner J.L. Plummer, Jr.
,'Commissioner (Rev.) Theodore R. Gibson.-`
Commissioner Joe:Carollo
Vice. Mayor. Armando`Lacasa
Mayor. Maurice A. Ferre
ABSENT:: None
passed an
Mayor Ferre: Now, where this leaves us now is that you will :come:: back, by when?
Mr.`Portnoy? When are you going to come back to this Commission? I am going to
make you Chairman of this committee, would you accept that Chairmanship?
(RESPONSE NOT PLACED INTO THE PUBLIC RECORD) Now, would you therefore"call
your colleagues,. the othertwo minority banks, andget them.together-and when.
can you report back to this Commission? (RESPONSE INAUDIBLE,. NOT'PLACED.INTO
THE PUBLIC RECORD) The 28th? Can you do it that quickly? That's; fine.. with'me.
UNIDENTIFIED.:SPEAKER:. Mr. Mayor, would you allow me to make -one statement,
please? Within the law,; you made` the statement that there was some question:
on Ableholt and Capital Bank as far as being a minority bank. On April 16, 1964
I was then at the then, Lincoln National Bank Of -Miami. From,April 16, 1964-
up until 1975,:when Ableholt bought -that bank,: Capital Bank has,been,the only
bank that has served the. predominant black minority, okay. We've: had people
like the gentlemen :that sat here today that have gone into. other banks, `and
he is supposed` to be the epitomy of the black' people, Mr. Green,, very. success
ful. And,he has been turned down, but he has come;to Capital Bank, he name
to'the,lank when it 'was National Tank -and _received assistance.
Mayor Ferre: Mr. Duffey, please don't misunderstand, 1 wasn't questioning
that,.what I -wanted to do is that:I wanted to:put'that into.` the, record.`:
Mr..:Duffe But Mr. Ma . or, you made' the statement, not questionned.it,`but
some- other. people have questions about this whole thing. The bankhas loaned
and::" serving, the, Black community. before Mr, Holtz came on board..However,
after he came,. on board the U.S. Treasury. Department designated on.January 1,
1976 Capital'Bank as the„minority bank. We have done even more as far as not
only financing black business but also` the promotion of Black' people. and. employment,
like for -you, as elected' officials, we are not asking you to break'the law
but we are asking you to look favorably upon us and to try to help us to obtain...
a hundred plus millions of dollars budget is a lot of money and, you know, we
27 FEB 121980
are tired of saving, you are next, but we just want a niece of the action.
Mayor Ferre: Yes, sir, thank you, Mr. Duffey. And I think I speak for all of
this Commission saying that it is certainly our intention within the constraints
of the Charter. The burden now is on you, it is your responsibility, the ball'
is in your court. Thank you, sir.
6: PRESENTATION DESIGNS OF ALLAPATTAH AND VIZCAYA
STATIONS.
Mayor Ferre: All right, you are recognized.
Ms. Ellen Wacher: Good morning, I am Ellen Wacher, from Metropolitan Dade
County Office of Transportation Administration. I am here today with several
people, the firm of Sanders/Thomas are the station designers for the Allapattah
Rapid Transit Station and the presentation will be made by Dick Hatcher. The
station designer for the Vizcaya Station SP-3 making the presentation will be
Glenn: Buff and Rav Vera. The public hearings for the designs of these two
stations will be February 25, 1980 at the regular Policy Council Meeting at
9:00 o'clock.;, And I just would like to take this time to thank Commissioner
Gibson for attending every meeting at 9:00 o'clock, and I would like to take,,
this time to thank Commissioner Gibson for attending every single meeting: of
the two committees that he belongs, I really appreciate his assistance.
okay, I'll introduce you to Mr. Hatcher.
Mr. Hatcher: Mr. Mayor, Commissioners, good morning, we have several slides
this morning that we would like to show you, we are going to be brief.
The Allapattah Station is located in the southeast corner of the inter-
section of 36th Street and 12th Avenue. Bounded on the east by llth Place
and on the south by 33rd Street, the Station will serve Wynwood, Manor Park
and Buena Vista the areas of Miami. Side access will be from these major;
streets with buses entering from 36th Street and llth Court. Kiss and Ride patrons
will enter from llth Court. Park and ride patrons will have access to the side
on 33rd Street, and llth Court and will then access at site the parking.
It will have a short walk across the side to marked walkways to the -sides of
the station. It is anticipated at this time that these walkways will be slight-
ly raised above the parking pavement and constructed of a contrasting material
in order todiferenciate an accent. For those patrons who 'wish to use bicycles
there will be bicycle parking near the concourse. Pedestrian will access to
walkways in a three line promenade surrounding the station. A' major promenade
is designed along 36th Street from llth Court to 12th Avenue, and that can be
viewed on, the right side of the slide. Between the walkways'`that parallels 12th
Avenue, and 12th Avenue itself, tall palms will continue the theme of a Promenade
to the Station. These trees will also soften the structure. This slide shows
a section through the Station cut in an east/westdirection and looking south.
In it -you can see the traffic along 12th Avenue which is the right side of the
slide, it gives you an idea as to the scale of the Station and the utilization of
the landscape is to soften the visual aspects of the<structure. The focal point
of the Station will be a plaza at the 12th Avenue/36th Street intersection. This
urban plaza will be used as a convergence point for pedestrians and the promenades
to the Station. There will be seating for the gathering of area residents as
well as areas which can be used for art shows or othersuch community activities
which may appropriate to the area. The visual impact: of the Plaza on the corner
is expected to be tremendous. It is hoped that the Station and the Plaza will
set thetheme for revitalization of the business in the area. Along these lines
we are doingpreliminary designs for a Plaza on the north/east corner of 12th
Avenue and 36th Street. Although not•a part of the Station site, this is being
designed in concert with the Plaza of the Station so that we will have a total
design. Ultimate development or redevelopment of this Plaza on the north side.
will depend on the retail stores in the area. This larger scale slide of the
Station Plaza shows. the Plaza that will become the tnajor pedestrian access to the
Station. By the nature of its •design, it will be visual guideway for pedestrians
into the Station. People walking beneath the guideway will traverse the Plaza
and then they'll continue along three lines of promenades to the Station entrance.
This slide depicts the one to the Plaza towards the Station. All paths that will
lead to the Station will be illustrated with site graphics. The entrance is on
2.s
FEB 121980
the east side of the Station. Planners will differentiate the three -body
Lcausfer area from the fare gates. Quarry tile floor will be used in the
Station and will continue out to the edge of the pavement, at the entrance to
accent and differentiate. This rendering of the entrance shows a system -wide
purchase/fare collection, equipment and the Station attendance booth The three
body transfer area is on your left. As you enter the Station at the concourse
level, vertical circulation to the platform will be through stairs, elevators
and escalators. The 1uarry 'tile floor will be used on those levels, the con-
course and the platform level. Graphics for direction on the platform and the
trains, for exiting the Station. The last block, where similar transparent
material will be used in the elevator, escalator and stairwell enclosures for
safety and a sense of security. Color will be added to the Station, to the
flooring, and the use of planters in the concourse area. These planters will
help to soften the feeling of the Station but not take away from the openness
and the airness that we identify with South Florida. This slide looking south/
east from the 12th Avenue/36th Street intersection gives you an overall view of
the Station. It emphasizes the effect that we are trying to achieve. The urban
Plaza, the tree lines Promenades and the softening of the Station with the land-
scape. This slide is a closer view of the Station from the same vantage point
as the previous slide, giving perhaps a little better view of the Station itself
and it projects our feelings that the Allapattah Station will become a viable
asset to the community. Thank you.
Mayor Ferre: All right, thank you, are there any questions? All right, thank
you very much for your report.
Ms. Wacher: We have one other presentation to show, the Vizcaya Station, Glenn
uff.
Mr. Glenn Buff: Thank you Mr. Mayor, Commissioners, my name is Glenn Buff, of
the architectural firm of Severud, Boerema, Buff, Bermello, Inc. I have with me
partner Ray Vera. I want to make a few comments then Ray will go through the
slides presentation for the design on the Vizcaya Station. We are pleased to
have been selected to do the Vizcaya Station. We think the Vizcaya Station is
one of the few Stations throughout the total system that has the opportunity to
have its own distinct character relating to the community that it is going in.
Namely, the community that it is named after, namely the Vizcaya area. In our
design you will find that we have tried to take design elements of Vizcaya and
introduce them into our design in order to relate more closely to the Vizcaya
mansion. We've taken such elements as the water features of Vizcaya and we
are intorducing them into our Station. We've taken such things as paving mate-
rials that are used in Vizcaya and are using those in our Plaza areas, as you
approach the Station. The slides that you will see today will show one of the
alternatives that we have, we have another alternative that we are working on
but it can't be presented until we totally finalize the structural concept and
met the co -structural criteria, so the slides you'll see today will not a vault
that we are trying to introduce into the Station. The secondary axis of Vizcaya
is centered along 32nd Rd. Your neighborhood plan calls for 32nd Road to become
a broad, well landscaped, developed Boulevard. As you move down 32nd Rd. you'll
be...the focal point of the end of 32nd Rd. will be the main entrance, Ravel (?)
Plaza for the Vizcaya Station. As Ray Vera goes through the slides on the Sta-
tion these elements that I've talked about will be pointed out so let's let
Ray go through this now. Thank you.
Mr. Ray Vera: My name is Ray Vera. The first slide that you see on the screen
shows the location of the Vizcaya Station centered on 32nd Rd. The size is
approximately two City blocks rectangle going to the east towards 31st Rd. and
to the west approximately one block. It is bordered on the south side by South
Dixie Highway and the entrance ramp to 1-95. The southwest 32nd Rd., which
is highlighted by the red arrow, coming diagonally across the street, is a primary
axis to the Station and as Glenn previously explained it will become a higher
density than it presently is and would be bordered by a heavy -landscaped Boulevard.
The area to the left of the screen, the kiss -and -ride bus drop-off area,located
to the west of the site, to the east of the site is a parking lot for approximate-
ly 94 automobiles. The yellow building towards the center, lower left hand side
of the slide are the major building components to the Station. To the further
left is a power station which supplies power to the vehicles, to the trains.
The second building is the ancillary facility which houses the mechanical equip-
ment and the restrooms and janitorial space. And the last building to the right
is the actual Station itself, being in this case on the groundfloor. The bicycle
path that follows the guideway configuration and that is shown righ under the build-
ings between the buildings and U.S. 1, in red dots. The red square to the right
is the bicycle parking area.
29 FEB 1 2 1980
Now, conceptually, the Station is the termination of the 32nd
In order to emphasize the 32nd Rd. access, we have terminated
a semicircular urban square Plaza. Coming from that, a minor
accentuates the centerline entrance to the Station terminated
ancif,,thOcreenwhich is a water fountain, and from there you w
the:Station itself.
Rd. perspective.
the street with
access which
witn a D1Ue 'jet
ould lead into
The green areas shows all the landscape areas and were developed in a
concept similar to Vizcaya'a formal gardens. This would be the view towards
the Station at the intersection of 32nd Rd. southwest 1st Avenue, on axis with
32nd Rd. and on axis with the entrance to the Station,..you can see the heavy
landscaping used as a continuation of the 32nd Rd. landscaping concept, and
integrating at a lower scale down below the concepts of the Vizcaya Museum
landscaping, the more formal gardens. This slide then shows the, guideway
section and the lineal park under the guideway as it approaches the Station.
You see a free flowing geometry so the landscaping and bicycle path in a very'
informal setting but as you come closer and closer to the Station, the land-
scaping and the bike -path become a more formal approach. The ground level of
the Station, called the concourse level, is your arrival point. Here you can
appreciate the more formalistic approach to the landscaping and the pathways.
The lighter green symbols for landscaping are royal palms which lend a very
royal, formal treatment to the Station. This highlights the kiss -and -ride.
and the bus drop-off area to the left side of the screen and following to the
entrance of the concourse level, all of the circulation paths lead towards
the focal point, the fountain in the center, in the same way that other circula-
tion paths at Vizcaya lead to a water feature. 0n this slide we see the park-
ing facility and the bicycle parking area, again all the circulation elements
leading towards the focal point of the fountain. The floor materials here are
all similar or the same as the Vizcaya museum. This is the main entrance of
the Station itself with a major pedestrian access coming in from the center
and going on to the concourse level, which is your main entrance, point. To the
right is the pay passengers -and to the left is a three -body transfer from
the. buses, and the kiss -and -ride. This is a view of the concourse level, the'
perimeterwall was left as fenced to allow circulation of oreezes to go tarough
the Station. There is a water feature also to the left hand side ot the con-
course which will be used also to place two sculptures which are being donated
by. the Vizcaya;. museum. You can appreciate the escalator moving -up to the,.`;.
second floor or the, platform level which is where you board the trains. This
is a view of the second level platform, it's about 450 feet long, one and a
half football fields. The major circulation elements are all towards the center
of the platform and circulate outboard, to board the trains. This is a view
of the platform level and the lineal skylight thathas been introduced in the
design to: create a variety ano interest' of the space allowing light and: shadows
to play <inside the Station as well, as it does on the outside landscape. The
enclosures for the elevators and the stairs are the glass brick, stainless.
steel caps, the construction is all concrete. This is one final look at the
overall Station, wecan appreciate the lineal'. skylight at „the very top. The
formal setting recalling the elements of the Vizcaya Museum and softening
the structure substantially with the landscaping and relating to the residential
community in which it sits. Thank you very much.
Mayor Ferre: Thank you very much. Are there any questions? If not, thank
you gentlemen, and Glenn, we are always proud of the wonderful work that you
do for our community.
7. FIRST READING ORDINANCE: Amend 6871, Article VII-2- LOW
DENSITY TOWNHOUSE R-3B DISTRICT to properties presently
zoned R-3A and R-1, in specified area.
THE R- B PROPOSED : ; : 7 T
Mayor Ferre: All right, we are on item 1, Mr. Grimm.
Mr. Vince Grimm: Mr. Mayor, this item is on your agenda today at your request
I don't see Mr. Aurelio here but we are ready to proceed.
Mayor Ferre: The Planning Advisory Board recommended approval by 7 to 0, there
were 14 objections by mail, there were two objectors present at the PAB meeting
and there were five, replies in favor my amil, four proponents present at the
PAB meeting.
30 F E B 121980
Mayor Ferre: All right, are there objectors here at this time? Mr. Lucas?
Mr. John Lucas: Mr. Mayor, my name is John Lucas, 1665 So. Miami Avenue, Miami,
Florida. Prior to the presention, your Honor, I would like to raise a point of
order with this Commission, the point of order being that at the meeting of
Thursday, March 8, 1979, this City Commission, at the conclusion of that meeting
mandated the Planning Department, among other things, to set a meeting or meet-
ings with property owners developers and interested parties, with respect to
the subject matter that is being presented here today. As part ofthis point
of order I should like to inquire your Honor, how many such meetings were created
by the Planning Department pursuant to the mandate of this Commission prior to
the Planning Zoning Board meeting of January 16, 1980 which just occurred at
which the presentation of the proposed Ordinance and its application were
already concluded by the Planning Department and presented to the Planning Board.
Mayor .Ferre: All right, Mr. Lucas, I notice that you have a Court Reporter here
so obviously, I want to be guided by the City Attorney on this because I have
sense that this is all a legal situation here. I think this Commission and
certainly the Mayor cannot assume what the proper procedures are on this. You"
say mandated,, I don't know whether there is any provision under the law that
says that anything has to be mandated, I think it was a question that was.: re-'.
quested by the City_ Commission. Now, is there anything that you want to add to
that?
Mr. Knox:, No, I'll just indicate that we are aware of no legal requirement, to'
conduct such meetings and that these meetings are to be held at the discretion
of the Administration of the City and that the law requires that members; of the
Commission maynot direct the activities of the Administration. However, the..
City Commission can express its will or opinion regarding matters relating to
policy.
Mayor Ferre:
Mr. Vince Grimm:: Mr. Mayor, members of the Commission, Mr. Whipple is here.
As I remember this, the Commission was displeased with the present zoning of
R-3A and admonished the Planning Department to come back with a recommendation
for a change in that type of zoning and that's what you have before you today.
Mayor Ferre: Let me be more specific. Mr. Hank Green had a request for a re-
zoning of a piece of property in the Brickell Avenue. Mr. Green is one of the
developers that is going in and bought one of the Brickell Avenue properties
and has been developing it. It was my opinion at that time that was being re-
quested was spot zoning. One was a complete change in one area in the middle
of R-5A. At that point I agreed with Mr. Lucas. It was sent back to the Depart-
ment for further study. The Department then came back with a new recommendation
to upgrade, if you will -some people would call it downgrade, but to upgrade the
density, and the other requirements so that there would be a more reasonable bumper
zone between the residential area along Miami Avenue and the high-rises on the east
side of Brickell Avenue. That report came back three or four months ago and
unfortunately, the R-3A district also included Bird Avenue. The merchants on
Bird Avenue said that they didn't want any change in the situation on Brickell
since it was substantially different from the situation on Bird, and you were
therefore requested to go back and come back with something that would specific-
ally address itself to the Brickell Avenue area. Mr. Whipple, why don't you then
bring us up to date?
All ;right, with that preamble, Mr. Grimm.
Mr. Richard Whipple:? Well, Mr. Mayor, you accounting of the process s correct
and wedid have discussions -not meetings as such but discussions with builders
developers...over the phone and come in and look at the graphs prior to the meet-
ings; and things like that and we just conducted...went along in our routine method
as far as people that needed information,; we gave them the information and dis-
cussed it with them and: changed our proposals accordingly if we thought the sug-
gestion merited consideration. We are heretoday with the full recommendation
of the Planning Advisory Board after public hearing with a submission to make to
you.
Mayor Ferre: Did you call Mr. Lucas at any time during this period?
Mr. Whipple: . I recollect only taiking to Mr. Lucas one; time after the initial
time he was here, which was betwcen the .,amending of the R-3A- time :and prior ,':to
the City Commission_; meeting.
Mayor Ferre: Did Mr. Lucas take the initiative to call you?
31
FEB 121980
Mr. Whipple: Yes, he and .I tried to reach each other several times over the
phone last week, prior, two days prior to the Planning Advisory Board hearing
and I missed him and he missed me and we did not talk subsequently.
Mayor Ferre:. Fine. Iiave you talked to any other property owners along that
area, like for example, the Interterra people, or Nick Morley, or Mr. Rice...
Mr. Whipple: Mr. Rice called and asked several questions about the graphs, Mr.
Green's representative called and had some questions about the graphs...
Mayor Ferre:
Mr. Whipple:
Mayor: Ferre: So. in other words, what I'm trying to establish is your treatment
of Mr.: Lucas .15 no different than your treatment of Mr. Rice or any other:
individual that was involved. Fine, go ahead and make your presentation and,
we'll get on with it.
Did you meetwith any, of them?
Mr. Lucas: Mr. Mayor
Mayor Ferre:
telephone
I'll recognize you subsequently,'Mr. Lucas, thank you.
Mr. Whipple: Mr. Mayor, Commissioners, we have a two part proposition before
you today. First, creating a new zoning district entitled "R-3B"; and the
second, the application of this R-3B zoning to an area of the City referred
to as Brickell Avenue, the northwesterly side between 15th Rd. and 25th Rd.
Pursuant to this Commission's previous request which we've already covered
we incorporated some of the amendments that we had suggested for the R-3A,
in fact, the majority of the amendments that we had suggested for. the R-3A
zoning. district into this new district which we term "R-3B". If I may,.briefly,.
just go over the salient points which are changes over what the R-3A was, which.
now forms the basis for the R-3B. The first change is one, ...and I'm referring
Lc) diedraft ordinance: in front of you if you wanted to follow .me —has .to do with
the intent ofthe zoning district. You may recall that. the R-3A zoning district
is called a garden -type apartment district. We found that some of the develop-
ment as point out by this Commission, that was of a'"garden type apartment" .,
development wasnot the high -caliber type of development =that `we had to visualize
along`Brickell Avenue. The better development, what we feel is better develop-
ment, all seems to be in the form of townhouses, two-story, single family -type
units, non -rental units, and we feel that this is an appropriate approach to the
Brickell Avenue area. So, therefore, in the intent': of the District we have re-
moved the references to apartments and haveput intheword
p ''townhouse" ; through-
out the ordinance, suggesting that this is mainly a townhouse district and it's
confinedto that, and we have changed the :townhouse :. definition. accordingly, and
we feel that this will, maintain a high quality of development' in the area.
Underlying all through this ordinance are references to the Urban Develop-
nientReview Board. As you know the. review Board is made up of architects and
landscape architects, it serves as a recommending. body to the Zoning Board when
Planned Area Developments are involved for RCD bonuses or certain things that
are established in the Zoning Ordinance. We have incorporated in the`.R-3B a
requirement that the Urban Development Review,Board approve the site plan and
be given certain latitude asfar as design and site plan', layout by which to
promote better design, and this occurs throughout. the Ordinance and I have
mentioned it to them at the last meeting; and they have no objection to accept-
ing this additional responsibility.; If for some reason, there is a conflict
between.the review Board and: the, plan being submitted it's written in the ordi-
nance that the appeal would be to the City Commission to resolve this.
Mayor Ferre: We've got 15 minutes left, Plummer has to leave here in 15 minutes
so conclude your statement.
Mr. Whipple: All right, let's very simply stated. We are reducing the density,
we.`are .allowing the Urban Development Review Board a certain latitude, weare
increasing the rear yard setback slightly, we are requiring heavier landscaping
along thefront of the property, we are allowing flexibility',with respect to
�11c ^lc.ng the rear of the property, we are providing a bonus of an additional
FAR of .1, if at least 75X of ,the parking is under the building or within an
enclosed structure, increasing 'the minimum unit size to 1,000 square feet re-
quiring larger landscape material, requiring 2 off-street parking spaces per unit.
We had planned a reviewover the old R-3A and we are required to but now we are
putting in thelaw that twoare required and we are amending the townhouse defi-
nition. On ;the second part, one brief statement as to the change of zoning.
.32
F E B 121980
As you know, and as it's been stated on record, the Brickell Avenue area has
been studied to death and I'd just like to point out to the City Commission
that this suggested change in rezoning is in accord with the comprehensive plan.
It is in accord with perhaps all the studies that have been done in the Brickell
that.a low intensity, a low density multiple family development take place on
this side of Brickell Avenue.
Mayor Ferrer_ All right, thank you. Mr. Lucas, you have five minutes.
Mr. Lucas: Thank you, Mr. Mayor, now it's a quarter of twelve. I'll be very
brief. I've made remarks at the last City Commission meeting, and for the
record a resubmit the sum of 18 exhibits that were submitted at that time and
reincorporated by reference to this hearing. May I very quickly say that at
no time to my knowledge was I or any of the neighbors in this area ever contacted
by Mr. Whipple, the Planning Department, or anyone from the City of Miami with
respect to the input that Rev. Gibson thought would be so valuable to the City
to get the pulse of the neighbors in this area as they might draft some type of'.
solution to zoning problems in that area. I would however refer you to the
City Planning Board meetings on January 21, specifically at page 6, where he,
Mr. Whipple states in discussing this with some of the developers, they have
worked in the area and what to work in the area, etc. Also at page 12, Mr.
Whipple states that with reference to the 20 foot alley, Mr. Rice and I have
talked to people from the Green company, and then again at page 16, on those
same minutes when asked by Mr. Rosichan, I would like to ask Mr. Whipple if he
would comment or would respond to the speaker in regards to consultation with
home owners. Mr. Whipple, I'm quoting from those minutes, page 16: "Number 1,
that's what this hearing is for. We did not go into the neighborhood and con-
duct a meeting", he says, I continue: "I would say mainly because of the numerous
hearings that have occurred in this district and requests for changing of zoning
and previous studies and upwards the fact that we were basically working within
a framework of that which was familiar,"that being the R-3A zoning district,
there was no need in other words for him to meet with anybody because they were
already working within their framework of the R-3A zoning. Throughout the pre-
sentation of R-3B and the references on page 3(b) of those same minutes,`I would
simply state that we took the amendments which are not recommended in the R-3A dis-
trict put them into the district itself, put a new title on top -R-3B, with those
amendments that we have previously recommended to this Board and as that Board
has previously recommended with very minor exceptions and call it the R-3B.
I submit Mr. Mayor, gentlemen, that is not a treatment that this area, Brickell
Avenue deserves, where you dust off some old regulations you have on a shelf, put
on a new wrapper, stick a title on it and say this is the R-3B that we are going
to put down there on Brickell Avenue. I submit that is a very cavalier attitude
to treat this neighborhood. I respectfully recall Rev. Gibson statements that
one of the troubles in Israel today is that people don't talk, they have never
talked, and they are having problems because they haven't talked, if you recall
those words. They are in the transcript of that meeting.
What is happening here is government to the people, upon the people and
against the people rather than of, for and by, gentlemen, and I submit that we,
the property owners of this area, not me, individually, but the property owners
in this area are at least entitled to the same type of input that Mr. Green,,
Company's, Mr. Interterra's company and others are capable of and have the ear
of the Planning Department to introduce. Thank you very much.
Mayor Ferrer Thank you very much. Next speaker.
Ms. Lydia Fernandez: My name is Lydia Fernandez, I
live in 1642 Brickell Avenue
I've been coming to these hearings for I don'tknow how many years. And this
particular problem has dragged out precisely because the home owners are not
being given the opportunity to have some, input in the type, of zoning that.:. they'd
like next to them or in back of them. Now, I' think we should considerhere, there
are reallyany substantial changes in the R-3B zoning which would change the
nature of the current development on the southwest end of Brickell which is .where
we started out in the first place. I'd like to let Mr. Whipple himself tell us
about it and. I'm quoting from the minutes of the Zoning Board hearing. Page 3,
speaking of the definition of "townhouse" he said:"We have had to the best of
my knowledge only one or two rental developments take place in. the Brickell area.
The remaining four or five are all condominium, home ownership if you will. Even
though as a group they constitute a multiple family unit." And that's the .con-
notation of townhouse, so where does'it change? Speaking of the maximum density
he says on page 3, and I quote: "We are recommending that the density be establish-
ed at one unit for every 2,400 sq. ft; of lot area. This effectively reduces the
maximum density that would be allowed in the district, however, our research of
the Brickell Avenue developments that have occurred there is only the two rental
apartments that have. been developed there that would not be able to meet this
density requirement. So where is it changed?
F E B 1` 2'` 1980
33
Ms. Fernandez (coned): He goes on to state that there are no substantial
changesin the minimum lot size or no change at all, on side yards more floor
,
area
ratio. There are some changes to rear yards for what good is an additional
feet of setback when you've got a 4-story structure overlooking your back-
yard particularly when that 4-story should not be there in the first place.
Again, it is very interesting how Mr. Whipple mentions how he has discussed
plans, the R-3B of - this zoning with these developers, and yet we've never
been contacted, I've never had anything to say about it, it's just totally
contradictory
from what this Commission had expressed. Who are we trying to
fool here? R-3B is nothing but a dressed -up apartment zoning. Mr. Whipple
himself in speaking of landscape calls them "apartment buildings". Members.
of this Commission, many of you are familiar with this case, some of you are
not. Let. me Just point out that contrary to what has been said before, there
are alood number of single family homes on the northwest end of this stretch
of Brickell but are an asset to the neighborhood. Owners are refurbishing and
remodeling. Only three houses are vacant because they are in the hands of •the
developers. Two of them became unoccupied last week because Interterra evicted
its tenants. At the Zoning Board hearing Mr. Rice expressed his dissatisfac-
tion with the floor area ratio. He said that it wasn't enough and suggested.
that that the Urban Review. Board be given the discretion to enlarge it. Where is
this all going to end?. Honorable members of this Commission, the home owners
of this area simply ask to be given the opportunity and ability. to have a say
in the type of zoning they wish to have adjacent to them. This is only what
you yourself recognize 'and what you asked of the Planning Board. Please do
not allow this injustice, this farce to continue. Thank
Mayor Ferre: Are there any other speakers in opposition? Selma?
Ms. SelinaAlexander: My name is Selma Alexander, 2323 South Miami Avenue. I'm'
representing myself,' my husband, my neighbors Gustavo and Lilly Saenz. I have
received telephone calls from everybody in the neighborhood since that little
article appeared in Neighbors and I still I haven't received a formal reply
from,the Legal Department and I won't stress it. I want to say this, there
has been little change from the R -3A to the R-3B. These are things I addressed
myself to at the Planning Board hearing on January 16. I don't know right now..
We are going into this in a great big rush. This is going to be First and Second
hearing, are we having an emergency again? Is that correct? I've seen this
happen before, and I'm not terribly sure.
Mr. Knox: Yes, now, the ordinance does not take effect until 30 days from. second
reading. This is a procedure whereby the City Commission, by a vote of four
fifths, dispenses with the requirement of a reading on two separate days, however,
the ordinance will still not take effect for 30 days.
Mayor Ferre: Let me clarify why it is on First and Second reading, Selma. You
say we are.rushing into it, we've been dealing with this since March of last
year, so we are notrushing into it.
Ms. Alexander: 1978.
Mayor Ferre: 1978. so that makes all the.... '
Ms. Alexander: It's a very interesting situation. Now, the thing that -concerns
me here is that...the point I brought up at the other meeting was that, the Urban
Development Review Board really does a fine job, we won't argue it, however, I
have a list with me right now, I won't read it into the record, of the Urban
Development Review Board's recommendation in terms of Brickell Forest, and the
Urban Development and Review Board really doesn't have public hearings, really
does not, they are not advertised in the sense that the Planning Board hearing or
the Zoning Board hearing and are you prepared to abdicate your,responsibility to
a name Board that meets upon demand not regularly and abide by them and even though
the recommendations are fine, who implements these recommendations? Because I can
give four instances of recommendations that were accepted by the Zoning Board with
this PAD that are in flagrant disregard....I got a telephone call last night from
a man by the name of Dr. Monroe Bersin. Dr. Bersin is a biologist and a very
knowledgeable plant man on the staff both of the University of Miami and Miami
Dade who was hired according to the Urban Development Review Board's recommenda-
tion as a consultant to the Brickell Forest and he wanted me to read into this
hearing his expression, because the consultancy..he tagged all the trees, labeled
all the trees, those that could be destroyed, those that could be moved, those
that should be maintained and. protected during construction and the Urban Review
Board recommended that a consultant be retained entirely during the construction.
He hasn't seen the construction since the day he made the presentation here. He
34 FEB 1 2 1980
has been by numerous times and he says and I read, and I have to expressly
to say this that:the Interterra Brickell Forest whatever has wantonly
desecrated the vegetation in the Brickell Forest Development. I rest on
that. How can y0u delegate authority to an Urban Review Board c0nsisting of
fine architects and fine landscape architects but by the same token, even
though they have done a great job, nevertheless these people are dependent
on the developers for their work. I' think that's a very interesting conflict.
Thank you.
Mayor
Mrs. Eva Nagymihaly: My name is Eva Nagymihaly, I am a resident of 2520 So.
Miami Avenue. t really just want to say that I<do oppose this and I:have two
points that I wish to make clear on it. One being that we do have already'
a traffic problem on that area off of Brickell Avenue there are two accesses
only one on`15th Road and one on 25th, so with more density and the like we'll
have more congestion. And the other problem is, again, the fact that we really
do not need an extra buffer zone there, we already have the highrises, there
is one; going upon l5th Road, there is one going up on 15th Road that is going
to be approximately 40 stories which is going to cause unbelievable congestion..
The other thing is with new zoning and new definitions, we'll have new inter-
pretations, and with these new interpretations, I'm wonderingwhere it is going
to lead. Brickell Forest is not three stories, it's four stories. I live across
the Street from Holiday Inn. Fifteen years ago they promised I wouldn't see
the parking lot. If you stand in that corner you will. So, in conclusion, I
definitely do oppose.
Mayor Ferre: A11 right, any other statements of opposition?
Ms. Charlotte Riley:.. My name is Charlotte Riley, I' live at 1738 So. Miami. Avenue
and
Ive ' come to oppose this zoning I agree with my sisterwho was just up here
will ruin our area, our environment adon't I.don t think we ough
t to do this for
and with all the neighbors that -I think that if this zoning"does .gothrough,-you
future developments. Thank you.
Mayor. Ferre:
Commission?
Mr. Plummer: I'm ready to make a motion. My motion is that we send this back
to staff and we ask them once again to"do:.what ` we asked them to do and that is
to take input"from the residents as well as the developers, all concerned "people.
They obvioulsy have not done it and as far as I'm concerned that was the express
desire of this Commission and I guess it's one more case where our policyis not
being carried out and this is the only way that I" know to tell all the staff that
they are going to learn to love to live with the policy of this :Commission..
I move that this matter be reverted back and that they do what we asked.
That's in the form of a motion.
Rev. Gibson: I: second the_motion, Mr. Mayor.
Mayor Ferre: All right, under discussion.
Rev. 'Gibson: Let me make this observation,'Mr. Mayor, I would hope that we will
never get to the placewhere we don't want to, hear the people even though we may
not agree with them. One of the things that 1 said the last time was that, for
God's sake, sit downand talk to the people and hear what they have to say. Maybe
if you talk you'll solve one of the problems and this is an aside.' We change..
voted to change the zoning in the Grove at the last meeting.' Do"you "remember
that?
Mayor Ferre: Yes, sir.
Rev. ,Gibson: It was veryinteresting and significcant Some of t_he""people who
always came here opposing and,:every,thing.were.here;,agreeing. And you":know what
one_ person said.to:me after that.I;.talked to.them? I said;, you,know,you blew"-
my mi"nd`that,you were here supporting this thing.;.Do you know what,. this person
said? He said, weI"1, the difference they came and asked us,":they talked with
us. s much like I say, you"want me`to tango, why don't you ask me 'to tango?
I just :find it hard.
Mayor Ferre: Father,-letme giveyou the other side of this. I: was the swing
vote a year and, a half ago when Mr. 'Green 's project came before the City Commission.
and 1 voted against it. It was a two -to -two tie and I voted against the project.
At that time, ;I told Mr. Green and said, -look, I"have nothing against: what you
are trying to do. My only problem is that I don't thinkwe ought` to do it by spot
F E B 121980
zoning. I:know what the will of theneighbors is, the 5 or 10 people that are
here and I, understand. I've been in their place and. I've been in this process
myself. We always have these decisions to make as to whether we protect the
integrity of the neighborhood or we don't. I am guided by the public welfare.
If what you are talking about is indeed a residential neighborhood that is going
to be violated. And I think that there is just cause for doing what the will t9f
the neighborhoods might be. If, however, we have an area like Brickell Avenue
that is already high density and has a specific character and that what we are
doing is formalizing something that has happened and in a sense improving the
process by not only legalizing but by structuring it. Then, I -think a year and
a half has been long enough to wait. I feel the same way about this as I feel
about these two marinas that keep coming back to us all the time. Now, with
regards to Selma Alexander's position, I think she is eminently correct about
any violations that may have been done to the trees there and I thinkthat we
need a full reportfrom the Administration as to whether the plan as approved
c.as violated or not violated. I think that is;.a reasonable request by a citizen
and I think we ought to be very strict if we have a Board that says that 'there ;are
50 trees that must be retained then I think that 50 trees have got to be retained,
not 20, and if the developer agrees to retain 50 trees, then 50 trees, have got to
be there, not 20. Now, that however, has nothing to do with this particular
subject and I am perfectly willing to make a motion to that effect after this.
So I',;J.L., with all due respect to you, really, have to vote against your motion
for the reasons that I have outlined. I think these people have waitedlong
enough. I feel personaily. responsible because of the way: I voted for a year
and a<half ago, we wouldn't have this problem now..
Mr. Plummer: Mr. Mayor, only in defense I couldn't agree with you tnore and that
hurts me tremendously to agree with .you but I would say to you that you are
placing the monkey on our backs rather than where it belongs.. Had staff done
what wetold staff to do, we would have long pastvoted on this matter. But
we continually find that staff is trying to run the City and we continuously,,
tell staff that we are still the elected officials and,once again, we are having
to do that andthat's the reason, until staff learns .to love the policy set by
this Commission, we are going to continue to have these delays.
Mayor Ferre: Plummer, 'that's what I think youcall;.a "pyric".victory,
words youare going -to castigate these people that have; -been working
and a ho alf's.;.that youcan punish the Administration You know, you
punishing theAdministration', you are punishing the people that have
ing 'for a year : and a half'
Mr. Plummer: -You have to, build' the. foundation, Mr. -Mayor.
house, this is one more of the brick foundation.
in::other
for a year
are not
been wait-
FEB 121980
Rev.Gibson: Mr. Mayor, I sympathize. You know how I feel about
developerswhomust wait ad;infinitum to do what they are going to do.
But 1 think that the staff is guiltyThey quoted, specifically,
if we said you go sit down and talk with these people. We didn't tell
them to go agree. We told them to go sit down and talk. And I; think
that this Commission ought to get that message across to the staff
once and for. all. And I justfeel that they make me look bad. Because
when people come here, people lookat me. They don't give a dog gone
about staff. They sayman,I elect you. And I: pass the regulations' here
to protect the people out there and to protect me. And I expect
to be protected. Now the least you could do is go talk with the people.
If you had all this time, you had two or three meetings, whydidn't you
invite the people to come. I'm sure you knew that man. What's your
name, sir?
(INAUDIBLE COMMENT FROM THE AUDIENCE)
Father GibsonAll right. `I remember he was here. At least you could
have called him and said come on in here, man.. Whether you agree with
him or not. That's all I'm saying. I'm ready to vote.
Mayor Ferre: All right. Further discussion? Call the roll.
THEREUPON THE FOREGOING MOTION was introduced by
Commissioner Plummer and seconded. by Commissioner
Gibson and defeated by the following vote:
AYES: Commissioner;J. L..Plummer, Jr:
Commissioner (Rev.) Theodore R.
NOES: Vice -Mayor Armando Lacaca
Commissioner' Joe Carollo
Mayor Maurice A. Ferre
ABSENT:
Lacasa
None
Gibson
r. Mayor, I'd like to be recognized to
Mayor Ferre: All right. Go ahead.
make a
motion.
Mr. Lacasa: I_ understandthe concerns expressed...I said that I
recognize the concern of Commissioner Plummer and the concern expressed
by Father Gibson. However, I,. also feel that this matter; has been
before this Commission for a long time and that the fact that the
staffhasn't seen fit to do as the Commission has requested, on the,.
other hand shouldfl't jeopardize and'punish the developers. Therefore,
what I am going to do is to move that we approve the recommendation
made by the staff but only on first hearing instead of in a way of
an emergency ordinance. That will leave the staff with the
pportunity to go back to the neighbors and discuss it so we can have
7
FEB 121980
ist
Mr: Lacasa (continued): also their input with information for the
second hearing. I so move.
Mayor Ferrer Is there a second to that motion?,
Mr. Carollo: I second that motion. I'd like to add to that. I think.
it's only justand fair to vote on this on a firsthearing only at this
Mayor Ferre: All right. Further discussion?
Mr. Plummer: Under discussion. I will vote in the negative on the
motion simply because already staff and the boards have made up their
minds what they want. And why spin people's wheels?
Mayor Ferrer Further discussion? Call the roll, please, on
9
readin . Read the ordinance.
Mr. Knox: We'll delete the
second reading.
first.
reference to dismiss with first and
AN ORDINANCE` ENTITLED-
ANAN ORDINANCE AMENDING ORDINANCE NO. 6871, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF
MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF
PROPERTIES ABUTTING AND ON THE NORTHWEST SIDE
OF;BRICKELL AVENUE TO A MAXIMUM DEPTH OF
APPROXIMATELY 180' BETWEEN SOUTHEAST 15TH ROAD
AND SOUTHEAST 25TH ROAD. PRESENTLY ZONED R-3A
(LOW DENSITY APARTMENT DISTRICT) AND R-1 (ONE -
FAMILY DWELLING DISTRICT), PER THE ATTACHED
MAP TO R-3B (LOW DENSITY TOWNHOUSE) DISTRICT;
MAKING THE NECESSARY CHANGES IN THE ZONING,
DISTRICT MAP MADE A PART OF SAID ORDINANCE
NO. 6871 BY REFERENCE AND DESCRIPTION' IN ARTICLE
III, SECTION 2 THEREOF:' BY REPEALING ALL
ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN
CONFLICT, AND CONTAINING A SEVERABILITY PROVISION
Was introduced by Commissioner Lacasa and seconded by Commissioner
Carollo;passed on its first reading by, title by the following vote:
AYES:
NOES:
ABSENT: None
Vice -Mayor Armando Lacasa
Commissioner Joe Carollo
Mayor Maurice A. Ferre
Commissioner (Rev.) Theodore-R. Gibson
Commissioner'J. L. Plummer, Jr.
ABSTAINING: None
The City Attorney read the ordinance into the public record anc
announced that copies were available to the members of the. City
Commission and to the public.
ist
FEB 1 2 1930
B. FIRST READING ORDINANCE: PLANNING DEPARTMENT APPLICATION-
APIEND ORDINANCE 6871, ADD NEW ARTTICLE VII-2 LOW DENSITY
TOWNHOUSE R-3B DISTRICT
t>.t.'g,e14idF4101c.''�a�i :`, A44-'Vo,stl.`'."W4+r"3'24??`Fy'd4 V •M" r*rYtQ N'��7+;Ri d!',#. _r"
Mayor Ferre: Item two. Is there a motion?
Mr. Lacasa: Move.
Mayor Ferre: On first reading.
. Lacasa: Only on first reading."
Mayor Ferre:
Mr. Carollo: Second.
Mayor Ferre." All right, there is
on first reading.
All right. Is there a second?'
a second. Call the roll
AN ORDINANCE ENTITLED-
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
MIAMI, BY ADDING A NEW ARTICLE VII-2 - LOW
DENSITY TOWNHOUSE R-3B DISTRICT; BY DELETING
SUB -SECTION (91-a), SECTION 2, ARTICLE II IN
ITS ENTIRETY AND IN LIEU THEREOF ADDING A NEW
SUB -SECTION (91-a); BY REPEALING ALL ORDINANCES,
CODE SECTIONS, OR PARTS THEROF IN CONFLICT
AND CONTAINING A SEVERABILITY PROVISION
Was introduced by. Commissioner Lacasa and seconded, by Commissioner'
Carollo passed on its first reading by title by the following vote:
AYES:
NOES:
Vice -Mayor Armando Lacasa
Commissioner Joe Carollo
Mayor Maurice A. Ferre
Commissioner (Rev.) Theodore R. Gibson
Commissioner.J. L. Plummer, Jr.
ABSENT: None
ABSTAINING: None
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City,
Commission and to the public.
-' ON THE ROLL CALL:
Mayor Ferre: All right. Ladies and gentlemen, that concludes our.
morning session. Are there any other •items that we have not taken up
that there are members of the public here on?
Mr. ,Whipple : Mr. Mayor ;'I've selected two dates' which ;this'room is
available in the evening. I'd like tothrow them out so that'those
people that are here might, be. able to expect a notice. -One is.
February 26, the other is March 6. If anybody has: any:problems...in
this.roomthat has problems with those dates let me know it. But 'those
are' two .nights that are available for this room.,
Mayor Ferre: All right. March the 6th and February 26th. All right.
9
FEB 121980
ist
ist
Mayor Ferre (continued): We will recoriverie here at 2:00 P.
WHEREUPON the City. Commission recessed at
12:10 P.M. and reconvened at 2:15 P.M., with
all members of the City Commission found to
be present.
1 'F";i'xi'}:.. �. .. SL:.7`r.'": "�se+71r,L7�/} -
1. Presentation of a Proclamation to Julio E. Alvarez, President of
the Miami Chapter of the Florida Engineers Society, designating
the week beginning Sunday, February 17, 1980 as "Engineers Week."
2. Presentation of a ProcIamtion to Mike Berezin, Executive Director,
Juvenile Diabetes Research Foundation and Nate Esfozmes, Cha.izitan
of the Board of the Diabetes Research Foundation, proclaiming
the week of February 16, through 24, 1980 as, "Juvenile Diabetes
Week."
3. Presentation of a Proclamation to Baird Lobree, designating Tuesday,
February 12, 1980 as, "Baird Lobree Day." Mr. Lobree, at 17 years
of age is the 1979 U.S. National Junior Sailing Cha pion-Singlehanded.
He bested over 2,000 oetitors in the U.S. National Junior Sailing
Chanpionship last year.
•• h
^w•-` gi:4410tt 'TS ::"-6S`J970 ~1T�US''�'Y .vptrhv .. '.q.;'i+l ' 4 N 'N. • `�'.i
10. DESIGNATE THE FIRE TRAINING FACILITY AND CLOSED CIRCUIT TV
SYSTEM IN COCONUT GROVE AS A CATEGORY "B" PROJECT;APPOINTING
KENNETH E. MCCULLOUGH, DEPUTY FIRE CHIEF AS CHAIRMAN OF THE
COMPETITIVE SELECTION COMMITTEE
,941 /i. lr. b •-iLr♦ LTM3e:.r f}�akgL t9 'i'gwy : { t�l+q.M.y,Y�:..
Mayor Ferre: We'll take up item sixteen. Is there any problem with
item sixteen? Is there any problem with item sixteen? The Manager
recommends designating the fire training facility and closed circuit
TV system in Coconut Grove as a category "B" project and appointing
Chief McCullough...
Mr. Plummer: Move it.
Mayor Ferre: Second by Gibson. Further discussion on sixteen? Call.;
the roll.
FEB 121980
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 80-77
A RESOLUTION DESIGNATING THE FIRE TRAINING FACILITY
AND CLOSED CIRCUIT TV SYSTEM IN COCONUT GROVE AS A
CATEGORY B PROJECT WITH RESPECT TO THE PLANNING AND
DESIGN THEREOF, IN ACCORDANCE WITH SUBSECTION (5) (a)
OF SECTION 16-17 OF THE CITY CODE, WHICH SECTION
ESTABLISHES PROCEDURES IN CONTRACTING FOR SAID
PROFESSIONAL SERVICES AND ALSO ESTABLISHES COMPETITIVE`
NEGOTIATION REQUIREMENTS WITH REGARD TO THE
FURNISHING SUCH SERVICES; AND APPOINTING
KENNETH E. MCCULLOUGH, DEPUTY FIRE CHIEF, AS CHAIRMAN
OF THE COMPETITIVE SELECTION COMMITTEE IN ACCORDANCE
WITH SUBSECTION (5) (c) OF SECTION 16-17 OF THE
CITY CODE
(Here follows body of resolution, omitted hereand 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:
NOES: None
Commissioner J. L. Plummer, Jr.
Vice -Mayor Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Mayor Maurice A. Ferre
11. AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH MERCY
HOSPITAL, INC. FOR ITS PHYSICAL EXAMINATIONS OF CITY OF
MIAMI FIREFIGHTERS FOR FY 79-80, 80-81, AND 81-82
.•.')-'.. r3A s LLfe . ... n.. .41 ttIk.. ,j A.$n-°t-u:..
Mayor Ferre: Take up item seventeen.
Mr. Plummer: Move it.
Father Gibson: Second.
Mayor Ferre: There's a motion by Plummer seconded by Gibson. Further
discussion on seventeen? Call the roll.
The following resolution was introduced by.'Commissioner .P
who moved its adoption:
RESOLUTION NO. 80-78
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT FOR FISCAL YEARS
1979-80, 1980-81, AND 1981-82 WITH MERCY
HOSPITAL, INC. FOR ITS PHYSICAL EXAMINATIONS
OF CITY OF MIAMI FIREFIGHTERS IN ACCORDANCE
WITH THE TERMS AND CONDITIONS SET FORTH IN
THE SAID ATTACHED AGREEMENT WITH FUNDS THEREFOR
ALLOCATED FROM THE FIRE DEPARTMENT BUDGET FUNDS
TO COVER THE COST OF SAID EXAMINATIONS
(Here follows body of resolution omitted here and on file>
in the Office of the City Clerk).
(CONTINUED ON NEXTPAGE)
ist
41
FEB_ . 2.1980
or
AYES:
NOES: None
Commissioner J. L. Plummer, Jr.
Vice -Mayor Armando Lacasa
Commissioner (Rev.) Theodore R.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
Gibson
12. ALLOCATE THE SUM OF $30,000 FROM THE CONTINGENCY FUND TO BE
USED IN CONNECTION WITH GIVING INFORMATION TO THE PUBLIC
CONCERNING THE TELEPHONE FRANCHISE ORDINANCE ELECTION
•t.:
Mayor Ferre: Take up item number eighteen.
Father Gibson: Move.
Mayor Ferre: All right, is there a second?
Mr. Lacasa:, Second.
Mayor Ferre: Further discussion?. That sum now should read thirty-five
thousand. Fifteen for the...and;plus twenty for the, mail -out.
Mr. Grimm: Mr. Mayor, I have something to discuss with you later on
in the day about this- And--if---if the Commission just Passes this
inprinciple and we need additional money we can always come back
and change it.
Mayor Ferre: You can always come back and return the money. So.I would
propose that that be moved: up to thirty-thousanddollars and you can
always come, back later on and tell us we didn't spend it. So, is that
all right with the mover of the inotion? Plummer, you moved the motion?
Mr. Plummer: No, I, didn't, move it.
Mr. Ongie: Father Gibson moved it.
Mayor, Ferre: All right, call the roll.
'The following resolution was introduced, by Commissioner Gibson,
who moved its adoption:
RESOLUTION NO. 80-79
A RESOLUTION ALLOCATING THE SUM OF $30,000
(THIRTY THOUSAND DOLLARS) FROM THE CONTINGENCY;
FUND OF,THE.CITY OF MIAMI TO BE EXPENDED BY
THE CITY MANAGER, AS NECESSARY, FOR EXPENSES.
INVOLVED IN GIVING INFORMATION TO THE PUBLIC
CONCERNINGTHE TELEPHONE FRANCHISE ORDINANCE
ELECTION TO BE VOTED UPON AT A SPECIAL
ELECTION IN THE CITY OF MIAMI TO BE HELD ON
TUESDAY, MARCH 11, 1980, AS PROVIDED BY
RESOLUTION 80-38 AND ORDINANCE 9064
(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),
.4 FEB 121980
ist
AYES:
NOES: None
Vice -Mayor Armando Lacasa.
Commissioner (Rev.). Theodore R. Gibson
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
AMEND RESOLUTION NO. 77-480, REPEALING SECTION 9, SUBSTITUTING
NEW SECTION 9 AND ADDING SECTION 10 AND 11 DEALING WITH FUNCTIONS,
13.
RESPONSIBILITIES, TERMS OF OFFICE AND REMOVAL OF COMMITTEE
MEMBERS TO THE BUDGET REVIEW COMMITTEE
Mayor Ferre: Take up nineteen. 77-480, by repealing section 9 in
its entirety substituting a new section 9 and adding section 10 dealing
with functions, responsibilities, terms of office, and removal of
Committee members of the Budget Review Committee.
Mr. Plummer: Move it.
Mayor Ferre:
Moved by Plummer.
s there a second?
Mr. Lacasa: Second.
Mayor Ferre: Second by Lacasa. Further discussion? Call the roll.
The following resolution was introduced
who moved its adoption:
by Commissioner Plummer,
RESOLUTION NO. 80-80
A RESOLUTION AMENDING RESOLUTION NO. 77-480, ADOPTED
JUNE 9, 1977, WHICH CREATED A BUDGET REVIEW COMMITTEE
TO STUDY THE CITY OF<MIAMI'S ANNUAL. BUDGET PREPARATION
PROCESS AND COMMUNICATE SAME. TO THE COMMUNITY; BY
REPEALING SECTION 9 OF SAID RESOLUTION IN` ITS ENTIRETY
AND SUBSTITUTING A NEW SECTION 9 BY ADDING SECTIONS 10
AND 11 DEALING WITH THE FUNCTIONS. OF SAID COMMITTEE
AND THE RESPONSIBILITIES AND TERMS OF OFFICE OF
COMMITTEE MEMBERS AND REMOVAL THEREOF
(Here follows body of resolution, omitted here and on file.,
in the Office of the City Clerk).
Upon being seconded by Commissioner Lacasa,
passed and adopted by the following vote:
AYES:
NOES:
ist
None;.
the resolution was:,
Commissioner`: Joe Carollo
Commissioner J. L. Plummer,': Jr.
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
III HMI mU1111111•1
4nn!'l
,1w�
EXECUTE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI,
14. THE CAMARA DE COMMERCIO DE GRAN MIAMI, THE ASOCIACION DE
VENDEDORES DE FLORIDA AND THE LATIN CHAMBER OF COMMERCE OF THE
U.S.-TO COOPERATE/COLLABORATE IN TRADE AND COMMERCE DEVELOPMENT OF
AREA
* rr1FS+^ •
.� •.
Mayor Ferre: Is twenty-one controversial?
Mr. Plummer: Not that I know of. Move it.
Mr. Carllo: Is this twenty-one? Yes, Mr. Mayor, thank you. I'd
like to bring something out here. I have no objection in passing this
resolution but...you'know, we have two other associations with the
Latin community. We have the Camera: de Commercio international and
Los Vendedores de la Florida. And I -think we should give the same
equal opportunity, consideration to all three groups that we have.
Mayor Ferre: Then.I take it you're making a motion and you're amending: it
by saying, after Latin Chamber of Commerce of the United States, add
Camara :De.Commercio:International and The asociacion de Vendedores de la
Florida. And you move it that way. Is that correct.
Mr. Carollo: That is my motion.
Mayor
Ferre:,
s there a second to that'motion.`
:r..Carollo: I think that the resolution is just a goodwill resolution
and we should give the same opportunity...
Mr.
Plummer: Second the motion.
Mr. Carollo: To all the different groups.
Mayor Ferre: All right,is there further discussion on that.
Father Gibson:`
Which one is that?
Mayor Ferre: Item twenty-one has been now expanded to included Latin
Chamber,;Internation,Chamber and the Sales organization..It pledges. them
to foster economic. development and business in the% City ;of Miami. ".Would
you give usthebackground as to how...was.this requested by the Latin
Chamber of Commerce?
Mr. Grimm:
Yes, sir.
Mayor Ferre: 'It was their request. Okay. Is there further discussion?
Mr. Lacasa: Has anyone contacted the other two Chambers ..the other
two organizations to see if they want to participate in this? Because i
the Latin Chamber requested this and• the others have not...
Mayor Ferre: I think the way to do this, Armando, so as not to create;,`.
a problem is to make it three separate resolutions. What I think they
want is a proclamation with a resolution...
Mr. Lacasa: Here is the President of the Interamerican
Commerce. Maybe he could be asked . Mr. Cruz.
Chamber o
Mayor Ferre: There is a resolution here before us, and I'm going to say
this in Spanish and then >I'11...or_I'll just say it in English and then.
inspanish.. There is a resolution before us from the Latin Chamber of
Commerce requesting that they be designated as pledging themselves
and the City to fostering economic development and business to the City
of Miami.
ist
.44 FEB 1 1980
ist
Mr. Cruz: (ANSWERED IN SPANISH)
Mayor`. Ferree All right, call the roll then.
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:,.
RESOLUTION NO. 80-81
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
THE°'ATTACHED MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF MIAMI AND THE LATIN CHAMBER OF COMMERCE OF .
THE UNITED STATES IN ORDER TO COOPERATE AND
COLLABORATE IN THE TRADE AND COMMERCE DEVELOPMENT OF
THE AREA, PROCESS COMMERCIAL OFFERS AND REQUESTS RECEIVED
TO GIVE INFORMATION ABUT THE REQUIREMENTS FOR THE
COMMERCIAL COMMUNITY AND TO IDENTIFY PROGRAMS AND
PROJECTS RELATED TO THE ECONOMIC DEVELOPMENT 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 Lacasa, the resolution was
passed and adopted by the following vote:
AYES:
NOES: None >:
Commissioner J. L. Plummer, Vice -Mayor Armando Armando-Lacasa
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Mayor Maurice A. Ferre
ON THE ROLL CALL:
Mr.
Plummer:
As three individuals or one master motion?
Mayor Ferre: I think you ought to make them separate.
Mr. Plummer: I vote yes either way. I'm just asking for the record.
Mayor Ferre
twenty-one.
This is just for the Latin Chamber of Commerce, item
INCORPORATE "CAMARA DE COMMERCIO INTERNACTIONAL DEL GRAN
MIAMI" AS A PARTY. TO THE MEMORANDUM OF UNDERSTANDING
REFERRED TO IN RESOLUTION 80-81 ABOVE
Mayor Ferre: Now Mr. Carollo moves. that the same`
for the Cainara De Commercio Inter -Americana.
Mr. `,Carollo: •The Inter -American Chamber of Commerce o
Miami, its translation.
Mayor Ferre: All right,
call the roll.
The foliowing motion was
moved its adoption:
resolution be 'passed,'
Greater
introduced by Commissioner Carollo,who
(CONTINUED ON NEXT PAGE)
FEB 1 2 1980
MOTION NO. 80-82
A MOTION TO INCLUDE CAMARA DE COMMERCIO INTER-AMERICANA
DEL GR1N MINI IN AN AGREEMENT BETWEEN THE CITY OF MIAMI '.
TO FOSTER COOPERATION AND COLLABORATION FOR ECONOMIC`'
DEVELOPMENT AND BUSINESS ASSISTANCE IN THE CITYOF MIAMI
Upon being seconded by Commissioner Lacasa,
and adopted by the following vote:
AYES:
NOES: None
the motion was passe
Vice -Mayor Armando Lacasa
Commissioner, (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
INCORPORATE "ASOCIACION DE VENDEDORES DE LA FLORIDA"'
AS A PARTY;TO;THE MEMORANDUM OF UNDERSTANDING REFERRED
TO IN RESOLUTION 80-81
Mayor Ferre: All right. Now, there is a third motion that Mr. Carollo
makes for the...
Mr. Carollo: Asoociacion De Vendedores de la Florida. The Association
of -.Salesmen of Florida.
Mr. Carollo:
Second.:
Mayor Ferre: It has been rnoved and seconded.
correct spelling. All right. Call the roll.
Would you ;.give `him the
The following motion was introduced by Commissioner Carollo who',
moved; its adoption:
MOTION NO. 80-83
A MOTION TO INCLUDE ASOCIACION DE VENDEDORES DE LA
FLORIDA IN AN AGREEMENT BETWEEN THE CITY OF MIAMI
TO FOSTER COOPERATION AND COLLABORATION FOR ECONOMIC
DEVELOPMENT AND BUISNESS ASSISTANCE IN. THE CITY OF
MIAMI
Upon being seconded by Commissioner Lacasa, the motion was passed
and adopted by thefollowing vote:
AYES:
NOES: None
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor: Armando Lacasa
Mayor Maurice A. Ferre
FEB 121980'
ist
15. SEALED BIDS: CONSTRUCTION OF CORAL SANITARY SEWER IMPROVEMENT
SR-5463-C AND SR-5463-S
This being the date and time advertised for receiving sealed bids
for the Coral Sanitary Sewer Improvement, the Mayor announced that the
City Commission was now ready to receive sealed bids:
The following resolution was introduced by Commissioner Lacasa,
who moved its adoption:
RESOLUTION NO. 80-84
A RESOLUTION TO RECEIVE, OPEN, READ AND REFER TO THE
CITY MANAGER FOR TABULATION AND REPORT BIDS AUTHORIZED':
TO BE RECEIVED THIS DATE FOR: CORAL SANITARY SEWER
IMPROVEMENT
.Upon being seconded by Commissioner Plummer,
adopted by the following vote:
AYES:
NOES: i;None
Commissioner J. L. Plummer;" Jr.
Vice -Mayor Armando Lacasa
Commissioner (Rev.) Theodore R`.' Gibson
Commissioner Joe Carollo
Mayor Maurice A. Ferre
the resolution was passed and
BIDS WERE RECEIVED FROM THE FOLLOWING FIRMS`
F.J.=SILLER,& COMPANY $1,191,283.50
MARTIN-CHANEY EQUIP. RENTALS, INC.
GIANNETTI"BROTHERS
D.M.P. CORP.
GARCIA ALLEN CONSTRUCTION CO.INC.
JOE REINERTSON EQUIPMENTCO.
1,285,06785
1,367,970.00
1,397,577.12
1,505,706.50
1,559,145.00
Note: Mr: Jack Campbell;appeared and questioned the starting date of. the
- project and obtained the assurance that the Public Wlrks Depat. and ,the,
contractor would do all in. -their power not to unnecessarily: block` driveway..:
entrances to business. establishments.
FEB 121980
16. CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF N.W. 29 STREET
HIGHWAY IMPROVEMENT H-4361, ETC.
�..; , ,ri.;l.Y. , 1'
Mayor Ferre: We're now on item number four. Is there anybody here who
wants to speak to item number four. Confirming assessment roll for
construction of the N.W. 29th Street Highway Improvement H-4361. City
Manager recommends. Anybody here?
Father Gibson: Move.
Mayor Ferre: All right, moved by Gibson.
Mr.. Lacasa: Second....
Mayor Ferre: Second by Lacasa. Is there further discussion?
from the public wishes to be heard? Call the roll on four.;
The following resolution was introduced
who moved its adoption:
Anybody.
by Commissioner Gibson,
RESOLUTION NO. 80-85
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR
FOR CONSTRUCTION OF N.W. 29 STREET HIGHWAY
IMPROVEMENT H-4361 IN N.W. 29 STREET HIGHWAY
IMPROVEMENT DISTRICT H-4361 AND REMOVING ALL
PENDING LIENS FOR THIS. IMPROVEMENT NOT
HEREBY CERTIFIED
(Here follows body of resolution, omitted here and on
in the Office of the City Clerk).
Upon being seconded by Commissioner Lacasa, the
passed and adopted by the following vote:
AYES: Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Commissioner J. L. Plummer,
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None
Jr.
resolution was
CONFIRM A SUPPLEMENTAL PRELIMINARY ASSESSMENT ROLL FOR
17. GLENROYAL SANITARY SEWER IMPROVEMENT SP.-5374-C(CENTERLINE SEWER)
REDUCE TOTAL ASSESSMENT ROLL, ETC.
•
`Y¢:'�ia',MIK3Yet *C*0', 0i: uiKi.",%110Y- "-AL A`o,-A[s ., <'a'. yd ""E.si'ar%+�++2iti✓.�+,..• '.r.._ >+tiTt'1i °n!Mv'..?+d-. o�
Mayor Ferre: Now we are on item five which is the Glenroyal Sanitary
Sewer Improvement, SR-5374-C and reducing total assessment cost in the
amount of thirty-three dollars and forty-one...repealing section four
of Resolution 79-788. Anybody want to be heard on that?
Mr. Lacasa: Move.
Mayor Ferre: All right. Lacasa moves, Gibson seconds. Further discussion?
FEB 1 2 1980
ist
Mayor Ferre (continued)'' Call the roll.
The foliowing resolution was introduced by Commissioner Lacasa,
who moved its adoption:
RESOLUTION NO. 80-86
-:,:.A.:RESOLUTION CONFIRMING A SUPPLEMENTAL PRELIMINARY
ASSESSMENT ROLL FOR GLENROYAL SANITARY SEWER
IMPROVEMENT SR-5374-C (CENTERLINE SEWERS) IN GLENROYAL
SANITARY SEWER IMPROVEMENT DISTRICT SR-5374-C
(CENTERLINE SEWERS) AND REDUCING THE TOTAL ASSESSMENT
COST OF SAID IMPROVEMENT BY THE AMOUNT OF $331.41
FURTHER REPEALING SECTION 4 OF RESOLUTION NO. 79-788,
ADOPTED NOVEMBER 26, 1979, WHICH CONFIRMED ASSESSMENT
ROLL FOR GLENROYAL SANITARY SEWER IMPROVEMENT SR-5374-C,
(CENTERLINE SEWERS) IN GLENROYAL SANITARY SEWER
IMPROVEMENT DISTRICT SR-5374-C (CENTERLINE SEWERS•);
SAID CONFIRMATION OF SUPPLEMENTAL PRELIMINARY ASSESSMENT
ROLL BEING NECESSARY TO INCLUDE CERTAIN PROPERTIES
PREVIOUSLY OMITTED FROM THE ORIGINAL PRELIMINARY
ASSESSMENT ROLL AND TO ADJUST ASSESSMENTS ON CERTAIN
OTHER LOTS AS APPEARING ON SAID ORIGINAL PRELIMINARY
ASSESSMENT ROLL
(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:
NOES:
None
Vice -Mayor Armando Lacasa
Comrn.issioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Commissioner J..L. Plummer, Jr.
Mayor Maurice A. Ferre
ON THE ROLL : CALL:
Mr. Grimm:' For the record, Mr. Mayor, that should have beenthree hundred
and thirty-three dollars and forty-one cents..
Mayor Ferre: Three hundred what?
Mr. Grimm: Three hundred and thirty-three forty-one.
NOTE: The herein above resolution has been amended to read "$333.41"
pursuant to the administrations comment on the roll call.
18. CONFIRM SUPPLEMENTAL PRELIMINARY ASSESSMENT ROLL FOR GLENROYAL
SANITARY SEWER IMPROVEMENT SR-5374-S, REPEALING SECTION 4
OF RESOLUTION 79-787
- ,.^'' +...•'„.4 0:*141' yiq; i�i�?f 4"i`�,'t'�' `.L ":-'T'T� ':'. 'a ^'`'LiC'-`:fir.'. .•,1 �^f", ,T f r'-^ i .+tK#..:�.r. fl_ .
Mayor Ferre: We are now on item number six. Confirming the supplemental
preliminary assessment roll for Glenroyal Sanitary Sewer Improvement,
SR-5374-S, repealing section 4 of Resolution 79-787. Is there anybody
here who wishes to speak.on that?
Father Gibson: Move.
FEB 121980
{
ist
Mr..Lacasas
Second:,
Mayor Ferre: Moved by Gibson
Call the roll.
seconded by Lacasa,
Further, discussion?
The following resolution was introduced by Commissioner Gibson, 'who
moved its adoption:
RESOLUTION NO.
80-87
A RESOLUTION CONFIRMING A -SUPPLEMENTAL PRELIMINARY
ASSESSMENT ROLL FOR GLENROYAL SANITARY SEWER
IMPROVEMENT SR-5374-S (SIDELINE SEWERS) IN GLENROYAL_,
SANITARY SEWER IMPROVEMENT DISTRICT SR-5374-S
(SIDELINE SEWERS) FURTHER REPEALING SECTION 4 OF
RESOLUTION 79-787, ADOPTED NOVEMBER 26, 1979, WHICH
CONFIRMED ASSESSMENT ROLL FOR GLENROYAL SANITARY
SEWER IMPROVEMENT SR-5374-S (SIDELINE SEWERS); SAID
CONFIRMATION OF A SUPPLEMENTAL PRELIMINARY ASSESSMENT
ROLL BEING NECESSARY TO REMOVE THREE LIENS ON
CERTAIN PROPERTIES LOCATED WITHIN THE SAID IMPROVE-
•MENT DISTRICT
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Lacasa,
and adopted by the following vote:
AYES:
NOES: None
the resolutionwas passed
Commissioner. (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
�1
19. CONFIRM ORDERING RESOLUTION 79-588, AMENDED BY RESOLUTION 79-692;
AUTHORIZING CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR
CONSTRUCTION OF LYNDALE SANITARY IMPROVEMENT SR-5462-S
Yt' I, t, .;�'1`.f ..4t , 'R` :'AB ,i' '�
9. ti � ?..:r,{v�+. C: G. . .
Mayor Ferre: All right, now take up item seven. Confirming ordering
Resolution 79-588, amended by Resolution 79-692; authorizing the Clerk
to advertise for sealed bids for the construction of the Lyndale
Sanitary Sewer Improvement SR-5462-S. Anybody here wishes to.be heard
on that?
Father Gibson: Move.
Mayor Ferre: Moved by Gibson.
Mr. Lacasa s Second.
Mayor Ferre:
seven.
there a second?
Second by Lacasa. Further discussion?
Call the roll'
-on
The following resolution was introduced by, Commissioner Gibson,
who movedits adoption:
(CONTINUED ON NEXT PAGE
FEB 1`21980.
ist
•
RESOLUTION NO. 80-88
A RESOLUTION CONFIRMING ORDERING RESOLUTION NO.
79-588, AMENDED BY RESOLUTION NO. 79-692, AND
AUTHORIZING THE CITY CLERK TO ADVERTISE FOR
SEALED BIDS FOR THE CONSTRUCTION OF LYNDALE
SANITARY SEWER IMPROVEMENT SR-5462-S (SIDELINE
SEWER) IN LYNDALE SANITARY SEWER IMPROVEMENT
DISTRICT SR-5462-S (SIDELINE SEWER)
(Here follows body of resolution, omitted here and
in the Office of the City Clerk).
Upon being seconded by Commissioner Lacasa, the resolution was passed..
and adopted by the following vote:
Commissioner Joe Carollo
Commissioner `J.`L. Plummer; Jr.
Vice -Mayor Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None
CONFIRMING ORDERING RESOLUTION 79-587 AND AUTHORIZING THE
20 CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR CONSTRUCTION OF
LYNDALE SANITARY SEWER IMPROVEMENT SR-5462-C
Mayor Ferre: Now we are on item number eight. Confirming ordering
Resolution 79-587, authorizing the City Clerk to advertise for sealed
for construction of Lyndale Sanitary Sewer Improvement, SR-5462-C.
Anybody here on that? Any member of the public wishes to be heard on
item eight. Is there a motion?
Mr. Carollo: Move.
Mayor Ferre: Moved by Carollo.
Father Gibson: Second.
Mayor, Ferre: Second by Gibson.
Further discussion? Call! the .roll
The following resolutionwasintroduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 80-89
A RESOLUTION CONFIRMING ORDERING RESOLUTION NO.
79-587 AND AUTHORIZING THE CITY CLERK TO ADVERTISE
FOR SEALED BIDS FOR THE CONSTRUCTION OF LYNDALE.
SANITARY SEWER IMPROVEMENT SR-5462-C (CENTERLINE
SEWER) IN LYNDALE SANITARY SEWER IMPROVEMENT DISTRICT
SR-5462-C (CENTERLINE SEWER)
(Herefollowsbody of resolution, omitted here
in the Office of the City Clerk).
Upon being seconded by Commissioner
passed and adopted by the following: vote:
AYES:
and on' file.
Gibson, the resolution' was
Commissioner J. L. Plummer,` Jr.
Vice -Mayor Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Mayor Maurice A. Ferre
a
ist
51
(CONTINUED ON NEXT PAGE)
FEB 1�1980
NOES: None
4-
21. ACCEPT FUNDS FOR SOUTHEAST SYMPOSIUM ON THERAPEUTIC RECREATION
Mayor Ferre: How about a resolution accepting the funds from the
Southeast Symposium on Therapeutic Recreation to be held March 3, and
what have you. We want money, don't we?
Mr. Plummer: Move.
,.r. Lacasa: Second.
Mayor Ferre: Moved by, Plummer seconded by Lacasa. Further discussion? .;
Call the roll.
The, following; resolution was introduced by Commissioner Plummer,.w o'.
moved its adoption:
RESOLUTION NO. 80.90
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT,
FUNDS FOR THE SOUTHEAST SYMPOSIUM ON THERAPEUTIC
RECREATION TO BE HELD MARCH 3-5, 1980;;FURTHER
AUTHORIZING THE CITY MANAGER TO REIMBURSE COOPERATING
ORGANIZATIONS LISTED AS. COSPONSORS OF THIS EVENT FOR
EXPENSES INCURRED. BY THEM IN THE IMPLEMENTATION OF
THE SYMPOSIUM FROM MONIES DERIVED THROUGH REGISTRATION
FEES, ADVERTISING, VENDORS AND. RELATED SOURCES; SAID
REIMBURSEMENT BEING LIMITED TO ' $10,000
(Here follows body ofresolution,omitted hereand on file
in the, Office of the City Clerk).
Upon being seconded by Commissioner Lacasa,
passed and adopted by the following vote:
AYES:
NOES: None
the resolution was
Commissioner-J. L. Plummer, Jr.
Vice -Mayor Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Mayor Maurice A. Ferre
ist FEB 1`2 1980
FIRST AND SECOND READING ORDINANCE: AN ORDINANCE ESTABLISHING A
22. NEW TRUST AND AGENCY FUND ENTITLED: "SOUTHEAST SYMPOSIUM ON
THERAPEUTIC RECREATION", ETC.
Mayor Ferre: On item number twelve...
Mr. Plummer: It's part of the same. I move it.
Mr. Lacasa: Second.
Mayor Ferre All right. Its been moved by. Plummer seconded by Lacasa.;,
Further discussion? Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING A NEW TRUST AND AGENCY
FUND ENTITLED: "SOUTHEAST SYMPOSIUM ON THERAPEUTIC
RECREATION" AND APPROPRIATING FUNDS FOR THE OPERATION
OF THE NEW TRUST AND AGENCY FUND; ESTABLISHING THE
SOURCE OF REVENUES THEREFOR; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE; AND DISPENSING
WITH THE REQUIREMENT OF READING SAME ON TWO SEPARATE
DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF
THE MEMBERS OF THE COMMISSION
Was introduced by Commissioner Plummer and seconded by Commissioner
Lacasa for adoptiori 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:
NOES: None
Commissioner J. L. Plummer, Jr.
Vice -Mayor Armando Lacasa
ommissioner (Rev.) Theodore R. Gibson.
Commissioner Joe Carollo.
Mayor Maurice A. Ferre
Whereupon :the -Commission on motion- of.`Commissioner Plummer, and
• seconded by'Commissioner Lacasa, adopted said ordinance by the following`
•
AYES:.
`Commissioner J. L. Plummer,; Jr:
Vice -Mayor Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9066
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.
FEB 12h1980
ist
(a) AMEND SUB -SECTION 4 OF SECTION 13-6 OF CODE -ADD UNNUMBERED
23. PARAGRAPH LIMITING NUMBER OF CONSECUTIVE TERMS SERVED BY
MEMBERS OF D.D.A. BOARD, ETC.
(b) LIMIT NUMBER OF TERMS SERVED
•
Mayor Ferre: All right. Thirteen is amending Sub -section 4, of Section
13-6 of the City Code by adding a sub -section and unnumbered paragraph
limiting the number of consective terms that may be served by the
members of the Downtown Development Board to two consecutive full
terms except for elected officials. Let me be very specific on this
item. You have received a letter dated February 8th informing you
that the following people have been selected to.'..the Downtown
Development Authority. The first one.
Mr. Plummer: Well Mr. Mayor, let me`understand fully now
c.
under Consideration today.
Mayor Ferre: But Iam reading into the record the fact that this letter
was dated February the8th and we can deal with that at any timein the
future that the Commission agrees. It is not on today. If somebody
wants to wait untilthe next meeting,. I have no objections to doing that.
If somebody wants to deal with it now, I have no objections to dealing
with it. The first nominee was Mr. Richard MrKuen and that is for
a term of four years in the place of Mr. Mel Jacobs. Mr. Mel Jacobs is
now living in Cincinnati. He is one of the top Vice Presidents
of Allied Stores which owns Burdines and many,many other stores. You know,
chains throughout the country. He served us with a great dedication, and
a very knowledgeable man. And I'm very sorry to see him go. Richard
McKuen is the Chairman of the Board of Burdines. Whereas Mr. Jacobs`.
fully understand, as does Mr. McKuen, that that is not a Burdines
seat. That is a seat that belongs to no particular organization.
Nevertheless, hit has beeri the tradition in the Downtown Development,:;,
Authority for as long as I've been there, and I was there from the beginning,
that one of the major department stores have a representative because
of the tremendous economic involvement in the dowritown area.. And I::'can't...
I'm very happy that the Chairman of the Board of Burdines, which is a
major, major organization, has agreed to serve if selectedby this
Commission. He's a fine corporate citizen. And has he said;. he cannot
do everything and this is one of the one or two things that he would
limit himself to doin
g in this .Community. The second reappointment is
William Wolfarth and Harry Hood Bassett both for four year terms. The
third appointment is a series...these are the new appointments, as you
may, recall the.. Commission expanded, and the D.D.A. agreed to the expansion
and these are their nominees. Martin Fine for the term expiring June
30th, 84; Alberto Badia for the term expiring June 30th, 32;;.Ofelia`,
Sherman' June 30th, 83;:Tina Hills for June 30th, 84; Garth Reeves for
June 30th, 83; Tony Alonso June 30th, 82; Charles Stack June 30th, 83;
and George Green June 30th, 82
.'Plummer: That's their recommendations?
Mayor Ferre: That is the recommendation of the. Downtown Development,
Authority. The Charter gives them the right to recoirnnend and the City
Commission to acceptor reject.
Mr. Plummer: No, I think thati's wrong, Mr. Mayor. I think the Charter
far as those fougives
r right; to recommend
;them the as- reappointments.
The Charter, of course, is silent as it relates to any expansion.
ist
FEB 121980
Mr.
Plummer Yes, sir.
Mayor Ferre:
apologize.
Mr. Plummer
mine.
Well, I'm sorry.
stand corrected, Mr
■
Plummer.
Now, you know, that I'm sure is your interpretation,'and that's
Mayor Ferre: I'm sure you know the law better than I do soI accept your
point of law.
Mr.
Plummere
I will agree.
Mayor Ferre: Okay., Now, in the meantirne, Mr. Knox, if you would
us in writing an interpretation of the law. I would be very...
Mr. ,`Knox:
board?
give
Yes, sir. Regarding an appointment to members of an expanded
Mayor Ferre: That's correct.
Mr. Knox: Yes, sir.
Mayor Ferre:,; And there`' are two sections, I might remind you. One is;:
Section 46 arid the other one is Section, I. think 47. Forty-six ,talks.
about new appointees. Therefore, the Charter is not silent as to new
appointees. And the second one is with regards to the extension. So,.
I:would...that's a legal interpretation you're going to have to give us
in writing. And we'll deal with it then at the next Commission meeting.
Mr.:Plummer:
re we going to deal with this which, is before us today?,.;
Mayor,Ferre: Yeah. I: think this goes back to...Father Gibson, in the
past you :talked about this idea of people servingbeyond a certain point.
What this would do if
.this were passed, and let me be very specific
upfront as towhat this will do. This will knock out. Bill Wolfarth".,
who has now served, I think, maybe ten or twelve> years. L'don't know
for sure. it also would knock Dan Gill at the next ..Dan Gill 'would .be:
out in June of this year. It will also knock out people such as Hood.':,
Bassett within the next four years. And that's it. ,In other words,
within four years we would not have any, of the old timers that havebeen
there for all these years.
Mr. Plummer: Mr. Mayor, what the reason? Who proposed this change? .'
Mayor Ferre: I did. I did.
Mr. Plummer: You did?
Mayor Ferre: Yes, sir.
Mr. Plummer Well, if I can speak on this as 1 did on the. other issue, Mr.
Mayor.
Mayor Ferre: Okay.
Mr.Plummer : • I personally am very much opposed,,tothisas:written. I: think
it is really bad when, - you have someone who has', the dedication, the"desire ,
and wants. to serve and does: a, good job, I don't"thinkthey • should,be`•
limited. in numbers a"s-to years • that they are able to • 'serve. The, same` thing
could;be said of elected officials.:,`
Mayor Ferree Elected; officials get elected by the people..
Mr. Plummer: That's right. And these people are eiected by us, as such.
If this Commission in its wisdom feels that a person is not doing a good
job, then we don't wait for the two terms.; We eliminate them,hopefully,
FEB 1 2 1980
• • •
4.
Mr. Plummer (continued): in the first go round. And if we don't, we
can do it in the second, or the third, or the fourth. I just feel
that if you have a person who is doing a good job, mainly because they
want to do a good job, they want to be involved, they have the time,
and the effort, and the know, I feel that that person should have the
right to serve until such time as they wish to come off or this
Commission in its wisdom feels that they're not doing an adequate job
or there is someone around to do a better job. I just really am opposed
to having a minimum and maximum term for any of these boards. So that's
just my personal opinion.
Mayor Ferre: Well, as you may recall, we had this same problem previously
with the Grace Rockafellar situation. I at that time took that position
because of the uniqueness that I figured existed in that particular
situation. The Downtown Development Authority is one where the dynamics
of the community should be in play. In the past, I think one of the
reasons for the sluggishness of the DDA has been precisely that the
dynamics have not been as fluid as they should be. I think Mr. Wolfarth
is a wonderful man. He was a former Mayor of the City of Miami, he has
been diligent at the DDA. I can't think of a person that served better
or more consistently. He never misses a meeting. He's a participant,
he's a very good participant. I do feel that with a community that is
exploding like the downtown area, that I think that you need to get...
every eight years, I think, eight years is long enough for anybody to
serve in the Downtown Development Authority, in that particular dynamic
situation. And I happen to feel differently about the DDA for those
reasons as expressed. And I have no hesitation as to put it on the
record. It's nothing personal. Mr. Dan Gill, who if this passes will
be off in June, I think is a very nice man. I have..he's been a wonderful
member. He's served with great diligence and he's been a productive
member. But I think it's time to move along. Now, he's a member in
good standing. He will have served eight years this June. I think that
he's a very distinguished man. He's the President of the Florida National
Bank. I think it is important, with all due respects to everybody involved,
that we keep the majority of the members of the Downtown Development
Authority as being people who know what development is all about and who
are involved in it. That's not to say that we shouldn't have merchants,
we shouldn't have consumer advocates, and that we shouldn't have regular
citizens. But the business of the Downtown Development Authority is to
develop downtown. This is not a do good society. It is not the boy
scouts, it is not the United Way. It is the Downtown Development
Authority. I think the group of people that the DDA has selected are each
in their own right very distinguished and outstanding people. Martin
Fine doesn't need any introduction. He was the chairman of our Housing
Authority for many years. There isn't anybody who knows more about
development than Martin Fine. Alberto Badia is probably the most successful
Cuban business man in this community, in real estate development. Ofelia
Sherman who is also Cuban and happens to be...and is a woman, is the
President of Inter -Terra which is developing major projects along
Brickell Avenue and is very interested in the downtown aspects. Tina
Hills is the President of El Mundo, which is the major newspaper in
San Juan, Puerto Rico. She also happens to be married to Lee Hills who
is the retired chairman of the board of the Knight -Ritter Newspapers,
and a major activist. She is also Latin. Garth Reeves, as you know, is
a distinguished newspaper publisher of the Miami Times and a distinguished
member of our Black community. Tony Alonso is the President of the
Merchants Association along Flagler Street and is responsible for a
tremendous come -back in his store called La Epoca and Bud Stack is the
very distinguished attorney in our community. And George Green is the
President of the Miami Chamber of Commerce which is, as we know, the Black
Chamber of Commerce and he was here this morning. Now if you'll notice
what we have here basically is two Blacks, two Cubans, two women, and two
Anglos. Now, I would hope that- as these new positions open up, J. L., that
they...that we could better reflect the make-up of this community. I
hav o objections in...I think this is a very balanced recommendation.
These eight. I would hope that the next would be as balanced. But I feel
it's just time to move along.
FEB 1 2 1980
ist
Mr. Plummer: Mr. Mayor, I in no way, wouldof course, reflect., on any
of those nominees by the DDA as being anything other than top drawer
people in this community. But I don't think that this community is
limited 'to;`just eight individuals. I would hope, Mr. Mayor, that
between now and the next meeting, that we would advertise as we do for
ist
all other boards for interested parties to make themselves known to this
Commission. Or if in fact, if it is your understanding, to the DDA,
that it not be a closed shop. That eveybody who has the interest and: the
desire can make themselves known to the DDA and in turn to this Commission,
so that in effect this Commission would have the latitude and thechoice
of choosing those eight people who would best be suited for the downtown
area. Now you speak before of the gentleman, what is his name,from
Burdines.
Mayor Ferre
McKuen..
Mr. Plummer: Well, you >;see,., Mr. McKuen is really succeeding into the
Burdines seat, it could be misconstrued.
Mayor Ferree NO.
. Plummer:
o'was.there before him?
Mayor Ferre: As 1 said into the record, J. L...
Mr. Plummer Is it Mr. Gill before him?
Mayor Ferre: No, no. It's Mel Jacobs I understand the point.
Mr. Plummer:.: All:right: Mr. Mayor, -what I'm_trying to say�.is_this..•
You know, you're speaking„thereof some people -who ' have an ;interest in
Brickell Avenue. I would immediately,question'. '::It would 'seem like to
me; that if Burdines has' had `'the `seat for .two._consecutive terms, that ..`,
Jordan Marsh, a major department store, should have a.;chance'if they
wish. 'That's their option.'
Mayor Ferree. That was discussed.
Mr. Plummer: Well, but it hasn't been discussed herewherethe final
decisions are being made. Now, you know, of course unfortunately,
our third major department store in downtown has gone out. But'.I think
you know, Mr. Mayor, really what I'm saying is...
Mayor Ferre: Mr. Plummer, I don't see that'-when:'Mitchell Wolfson comes
here with his recommendations that you have posed any of "these questions.
And I would certainly welcome...and if you'wantto.-pose these questions -.
to this authority, I certainly think they certainly should be•applicable,.
to the. Off -Street Parking Authority.
Mr. Plummer: At such time, Mr.Mayor, that the Off -Street Parking
Authority has an expansion of new -members, .:I fullyconcur with you.
It should come before this Commission for further discussion. .We -.have
never, as I can recall, had any further or futureexpansion of the
Off-Street Parking.
Mayor Ferre: I'll do whatever the will. of the majority is. So what..
Mr. Plummer: Well that which is before us I think is what we've voting
on.
Mayor Ferre:
Father Gibson:
Mayor Ferre:.<
Well we don't have motion yet.
Mayor.
All right.
i7 FEB 121980
Father Gibson: Let the sayI hope I'm not misunderstood. If Ido
nothing, else serving on this Commission, I hope when I'm gone some of
you,;. even if it nieans nothing other than reading the record, you will
say Theodore Gibson was and is a prophet. Okay? If you had gone
across the board as you had when you first thought of Planning and Zoning
Board, and stuck with it, you would have gotten rid of your friends
and your enemies. You would have kept your friends and your enemies.
That would have been equal, that would have been justice. I find it
hard as a member of this Commission to not go for rotating of the
Zoning Board, of the Planning Board, but go for rotating the Downtown
Development Authority or the Downtown Parking Authority. I believe
that this Commission should apply the same rule. For instance, if the
Downtown business section needs new blood, new energy, new outlook,
so also does Zoning, so also does the Planning Board, so also does
the Parking Authority. I warn this Commission that if you do not .go
back you are going to put this City in one hell of a position and
predicament I personally love Mr. Wolfarth. Why would I vote against.
I,personally love Marty Fine. He's my personal friend. Why, would
I vote against him? However, if I had the rule that he must rotate off,
I would never have to worry about facing Marty Fine. I'd say, Marty,
you had your day, thank God for you. I thank you, I love you, I'm
sorry. But this is not what you are doing. It to me, is as important
to have new blood in downtown Miami as it is to have new blood in zoning.
Things change. Let me give you an example of what I'm talking about
Zoning, all of it. We dealt with an item on 22nd Avenue or street, somewhere
by the water place over there, you know, with those men standing in
the`.door...do you remember that licking you took the other day, you know,
about widening that street? I warned you all. Yes, River Drive
I°.'warned you all that here is a major...literally a major thoroughfare
but you wanted it done. Change and decay.is in all around I_ see.
All thou who changes not. Now, you say that the composition of this
community is changing and has changed. I want to bow, I want to thank
you,. I; want to say amen, I want to say hallajeauh, but,I want to warn you.
Unless you invoke the sarne rule for all these boards, we are going to
get in trouble, we're going to regret it. I know how you feel. And
look, I'm grateful that you have two Blacks on there. I'm not
talking aboutnone of those others. You see. I'm grateful for the
two blacks because you ain't been having none. Okay? So I'm glad for
those two blacks. So I'm not opposed to it. I'm just saying at the end
of their time, if I'm here, I may not be here, T want to be able to say;
Buddy, you're a brother, you served your term, thank God for you. 'I'm
going to try two other brothers. That's all I'm saying.
Mayor Ferre: All right. We're nowon item number. thirteen. And if.
Father Gibson, wants to be recognized beyond that to make that motion
for the other board, I'm perfectly willing to recognize him for that
purpose. Is there any...isthere a motion on thirteen?
Mr. Lacasa:`
Mayor Ferree
move it
there a second=on item thirteen?.
Mr. Carollo: Second.
Mayor Ferre: All right, is there further discussion on item thirteen?
Call the roll.
AN ORDINANCE ENTITLED -
AN. ORDINANCE. AMENDING SUBSECTION (4),.OF-SECTION
13-6'OF THE CODE .OF THE CITY OF. MIAMI,H FLORIDA,.
AS AMENDED,. BY ADDING TO SAID SUBSECTION AN
UNNUMBERED PARAGRAPH LIMITING THE NUMBER OF
CONSECUTIVE TERMS THAT MAY BE SERVED,; BY MEMBERS
OF, THE DOWNTOWN DEVELOPMENT AUTHORITY TO`TWO
CONSECUTIVE -FULL TERMS,, EXCEPT FOR ELECTED;,
OFFICIALS; CONTAINING A REPEALER PROVISION'AND
A•SEVERABILITY CLAUSE; AND DISPENSING.WITH`
58
(CONTINUED ON NEXT PAGE)
FEB 121980
ist
THE REQUIREMENT OF READING SAME ON TWO SEPARATE
DAYS BY AVOTE OF NOT LESS THAN FOUR -FIFTHS OF
THE MEMBERS OF THE COMMISSION
Was introduced by Commissioner Lacasa and seconded by Commissioner
Carollo 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: Vice -Mayor Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Conunissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: Commissioner J. L. Plummer, Jr.
Whereupon the Cornrnission on motion • of Commissioner Lacasa and seconded
by Cominiesioner -Carollo, adopted said ordinance bythe follOwing. vote:
- • • • • ".. • • , • " "I "", ,•••• • • " • " • • • • _••• • ,
AYES: ‘, Vice -Mayor Armando Lacasa
*Commissioner (Rev.) Theodore R. 'Gibson
„
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: Commissioner J. L. Plununer, Jr.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9067
. .
The.,,•,City::AttOrney,,:'read,,'_the .,ordinance ,into'.:the::„..pObliC.',,recOrd;..:andi.,S.;:,.:-±
',.'::::.•;.','::•;.:-'' .: : announced that •,6OpieS•:Wer&.:available to the mernberi',Of :the., City, .COrnitiliSion
It'...1,::,:"':::'• -•-.--- .- and-:-:copiegivieret::-Available,t6 '.•the • public.: -,:: . ,,•,' ••,, .:: .:", .•,.-,.- ,:,. : , --.. -•., ;:,•• -, '.:•1.-.::•. - '.. - ,--,,::-,.',„.1 ..:',...', .,
,._,:-.•::-:,_:::,..-.,...';,--•.,';',,,..'..'1::•:-.,',...,'...:,',' ''.-..1,.': -.1.-...1' -.. ' ''''':-.,•'' ''' ''', .•:: -1-...'''''.'''.';''''' ::- '''''-'''''''''''....'
.•:','i,O0,.,THB:.,*51:1 'dAti.,.:'::', ' - , ' :' • :„.: . , . ::''' :: .',':.=:. , ' . ..• • '-' , .....„' ' . , '. •,' :' . ,-, : ''' , ', , • -: :1 ' '', - ,' , ,„ ' . '. • . ' ' :' ' •'' ' ' ' .. '
:::;";I: : / ; - - • - ••• ,• , , ,', ' ,', :' ,', : • " , • '' • , • , • • • •
Father Gibson: 1 want to ask a question. Am I to assume that if you
are going to rotate this board you are going to rotate those other
Mayor Ferre I can't speak for anybody else but I will vote yes if you
Father Gibson: To rotate the other boards?
Mayor Ferre: Yes, sir.
*Father Gibson: Okay, I'm going to vote yes.
Mayor Ferre: Father Gibson.
Father Gibson: Mr. Mayor, I move you that we be consistent about all the
boards, beginning with this year, that every board that we have will
, • „
Mayor Ferre: All right. There is a motion and a second. And will the
administration come back with a specific ordinance on that. And that
includes every single board in the City of Miami. Including the Parking
Authority, the Zoning, Planning, every single board that we have in
the City of Miami. Is that right, Father? No exception?
Father Gibson: Yes, sir.. .
Mayor Ferre: Further discussion? Call the roll.
Father Gibson: Equal treatment under the law.
59
•
ist
FEB 1 2 1980
ist
The following motion was introduced by Commissioner Gibson, who
who moved its adoption:
MOTION NO. 80-91
A MOTION: DECLARING THE POLICY OF THE CITY
COMMISSION THAT CONSISTENT WITH THE ADOPTION
OF ORDINANCE.9067 WHICH WILL LIMIT THE LENGTH
OF TERMS OF THE DOWNTOWN DEVELOPMENT AUTHORITY,
'ALL BOARDS AND COMMITTEES' CREATED BY THE CITY..
COMMISSION OR PERSONS ELECTED TO SUCH 'BOARDS
AND COMMITTEES SHALL BE LIMITED TO SERVING•`
TWO CONSECUTIVE TERMS OR A TOTAL OF B.YEARS, .
• WHICHEVER IS GREATER, AND DIRECTING THE`:•
ADMINISTRATION TO RESEARCH AN. ORDERLY: METHOD...
OF ROTATION•FOR SUCH MEMBERS OF•SUCH:BOARDS:':,,'
AS THEIR TERMS EXPIRE
Upon ebeing .seconded ;by Commissioner Lacasa,
and adopted by the following vote:
the motion was passed
AYES: Commissioner: (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
*Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: Commissioner J. L. Plummer,Jr.
ABSENT: None
ON THE ROLL CALL:
*Mr."Lacasa: Just a minute. Father, am I to understand thatall the.,
boards are going to be -rotated?.,..
Father Gibson: Are going to be what?
Mr. Lacasa: ;`Rotated.
Father Gibson: Yes, sir.
Mr. Lacasa:How would therotation be?
Mayor. Ferre:
That's
somethingthat the adnii.nistration has to go back.
Father Gibson: The administration can work it out.
Mayor Ferree.` It might be eight years, it might: be ten years, it might
be five years.
Mr. Plummer:' It
was two consecutive terms.
Mayor Ferre: That's fine with me. That's fine .with .me. I accept `.
two.: consecutive. terms.
Father Gibson: .Two consecutive: terms will be the .general 'rule..
no objection to that.
I' have
Mayor Ferre: Butif a term is a::one .year _thing,;:I-'think ; we've 'got 'to .deal
with it...that you know, -we might want somebody to: servefor four years.
Father Gibson: All right. I haveno objection...I;want ;the : . :.rotation.
I,;:want: to make ,.it`impossible'for:.a.guy to stay here until he becomes
senile.
Mr. Carollo: h...I think' that the guidelines that we're following are
two consecutive terms. So we have to stick' by that.
60
FEB 121980
Mayor Ferre: Joe, suppose a term is one year. See, there might be
boards where a term is one year. See, two consecutive terms .here means
eight years. Now I think eight years is longenough for anybody. to .
serve on an appointed board. But if the board term is one year or two
years, you might want to""go`beyond two years.
Mr. Plummer: Does that apply to the Pension Board?
Mayor Ferre: 1 think it should apply...
Mayor Ferre: I think it should apply to every; board. `Eight years is;
plenty of time. And I ... I would make it two terms or. eight years,
whichever is greater to make it consistent. Two terms or eight years
whichever is greater so that...
'Mr. Lacasa: Two terms or eight years.
Mayor Ferre: Or. The maximum anybody would then serve would obviously
be...or put it this way. Two terms not to exceed"
P y• eight years.
r..Lacasa: Okay. But is .the Commission
word.as`to how. many years...
Mayor Ferre: Yes, sure.;
Father Gibson: People..
inal
Mr. Lacasa: So the staff is going to make a recommendation to the Commission
and the Commissionis going to decide how many years in each board.
Mayor Ferre:
Mr Plummer: Mr. Mayor, I had brought up a point that I'd still like
to pursue and that is that we publish an advertisement inviting resumes
to be submitted for those parties who either live, or have businesses
in the downtown...
Two terms or eight years whichever is. greater.
Mayor-Ferre: Mr. Plummer, the problem with that is that; we need. to get
:legal reading on that And Mr...,,Knox is prepared,to, that, then.
I've got no problem recognizing, youfor the purposes of making a motion.
Mr. Knox: No, unless time is of
research the question further.
the essence,
Father Gibson: Mr. Mayor, may I...you always carry a heavy load. 'Let.
me cause you to smile. This will be unusual. I attended a meeting
yesterday. Some time ago, and Ihope...I should have said this earlier
this morning when some of theretirees were here but I'm sure the word will
get around. At a meeting yesterday that I attended, it was surprising
that some of the other Mayor's who serve on that same board that I serve on
and attended yesterday, brought up the same issue, Mr. Mayor, that you
brought up some time ago that some of the people in this City government
want to die about. Listen to this.. This is the issue. You addressed
this Commission saying that.you.felt very sure that people who work for
the City ought to live in the City. Do you remember that? Do you
remember that devil of a fight we had'here. And some of us were going
to have a heart attack. I was shocked and amazed and surprised...I'm
not going to tell you what meeting it was because then you'll be able
to pinpoint some people. Some of the Mayors rasied the same question.
I was the only guy...I reminded them that you brought that up in this
61
ist
FEB . 21980
Father Gibson (continued)': Commission. And I said; you know, when
the Mayor brought it up the Herald and all the other papers got on him,
a lot of people got on him...I said 'and here you all are not faced with
the composition in your City that the Mayor is faced with and you now.
come to the point that you think it's a thing ought to be done. A.
step further. I said to them; while I may not agree with you about
people who work for the City ought to live in the City and I'm not going
to say how I stand on that, I certainly don't think that all thesepeople
who work for Dade County, Metropolitan Dade County should be living in
Broward County, up there in Fort Lauderdale and some of those other
places..Hollywood. They finally said; Father, you're so right. Thought
I'd better put that in. the record because the Mayor always gets...you
know, a black eye when he brings up matters like those. At last, some
of the other Mayor's are seeing the wisdom and the light of day. Now
the reason I didn't argue about the County is I felt that if a manlives
in Dade County, well, you know, maybe we can't find what we want, in the
City. But be sure, any kind of housing you talk about .you can find in
Metropolitan Dade County and you certainly don't have to go to Hollywood
and you certainly don't have to go to Fort Lauderdale to find it.
Mayor Ferre: All right. Thank you, Father.
24.
j�}:r,.. ',fT�„{`g'.•A4y.f� q^C1 ... ..'./„4"'Y l�Y1:`lj'^t 4.: i�•yL' ., .a/ .-t't'SV;+'^�`
FIRST AND SECOND READING ORDINANCE: AMEND
9000 BY APPROPRIATING DIFFERENT AMOUNTS TO
AND TAKING STEPS TOWARDS IMPLEMENTATION OF
• FEE
SEC. 1 & 5 OF ORDINANCE
DIFFERENT DEPARTMENTS,
THE WASTE DISPOSAL
Mayor Ferre: We're now on item fourteen? Is there any problem with that?
Mr. Plummer: Yes, I've got some problem with that.
Mayor Ferre: All right, Mr. Plummer.
Mr.`.Plummer: Mr. Mayor, needless to say that I am in favor and:. voted
for it at the last meeting, for the monies from the Solid Waste. fee,
I, do have, Mr. Mayor, a problem with how those' monies are being split up
prior to this Commission "having the right to designate what those monies
are going for. What;in effect has happened, is somebody mistically
has pulled out of the sky prior to this Commission's approval what those
monies are going to be used for. And I feel that those, are monies
that this Commission have and should retain control over. And as such`,.
I think that this Coiranission should accept the implementing ofthe waste
fee but at best, have a public hearing as it relates to where those
monies are going to be used.
Mayor Ferrer. All right.
Mr. Howard Gary: Yes. Commissioner Plummer, Mayor and fellow Commissioners,
if you recall during the adoption of the FY'1980;budget, the City
used approximately three point four million dollars of"FP;and :L" funds
which we have traditionally set aside for Capital Improvements This
increased the amount of money in the budget....General Fund budget from
Capital Improvements frorn roughly aboutthree point five now to almost
seven million dollars. Now what we are proposing .is:that we replace
a portion of these funds to the "P P and I," Capital Improvement Reserve
Account. We're notsaying at this particula
r point in time that they
should be appropriated for specific: purposes. In addition to that, in
order for us to collect the three.inillion two hundred: thousand dollars,;:;
approximately, of :scale fees, it will be necessary for us to implement
certain administrative proceedings which will require a cost. Such
as, we need a.program in .the Departmentof Computers and Communications
to send out the billings asswell as the delinquencies. This requires
staff in terms of the Finance Department, the Solid Waste Department in
32
FEB 121980
ist
Mr. Gary (continued): terms of. maintaining the billings.. It also
squires that we get some.terminals,;so we can computerize the information
that wili;be required to -send' out the billing. Now this totals
one hundred and eleven thousand dollarsr...
Mayor Ferre:.
One hundred and eleven thousand.
Mr.=.Gary: Yes. Now in addition to this, in our 1980 budgetwe have
approximately „six hundred fifty-three thousand dollars in that budget
that we will not receive this year. The reason we won't receive it this
Year is that Dade Countypaid us early. They were supposed to pay us
six hundred fifty-three thousand dollars this year, and instead, they
paid it to us last year. Therefore, according to accounting principals,.
we have anticipated in last years budget and will be a part of our,
external audit process. Therefore, we are three hundred fifty-three thousand
dollars short in this years budget
Mayor Ferre: Mr. Gary,' do you- and does the Manager recommend that we
adopt this ordinance on.first and second reading?
..Gary: Yes.
Mayor Ferre: M
procedurely?
. Knox, is there any legalproblems at all
Mr. `; Knox: No, sir.
with doing this,
Mr. ,Grimm,:, Mr."Mayor and members of the Commission, I.would`".like>t
assure Commissioner.Plummer that the funds remaining between, the""
One- hundred and eleven and the six hundred and thirty-five that.we are
talking about; do have to come back before this.Commission inappropriation
ordinance for`your,,approval., So you willhave anopportunity.'to approve
how,the,funds are spent.
0
Mr. Plummer: What about the othertwo and one half million?
Mr. Grimm: That's exactly what I'm talking about.`
Mr. Grimm: They have to come back to`you in"an appropriation ordinance
for your approval
Mayor Ferre: That answers that
a motion?
Father Gibson:
Mayor Ferre:
Mr. Lacasa:
Move.
Moved by Gibson.
Second.
Mayor Ferre: =Second by Lacasa.
Call : the roll.
AN ORDINANCE ENTITLED -
there further discussion?:;Is there,
there a second?
Further discussion on.item 'fourteen
AN ORDINANCE AMENDING SECTION 1 AND 5 OF ORDINANCE.
NO. 9000, ADOPTED OCROBER 17,,1979, THE ANNUAL
APPROPRIATIONS`ORDINANCE FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 1980, AS AMENDED; BY INCREASING THE
GENERAL FUND IN THE AMOUNT OF $111,'0001 CONSISTING
OF APPROPRIATIONS OF $60,000 FOR THE DEPARTMENT
OF COMPUTERS AND COMMUNICATIONS, $37,000 FOR THE
THE FINANCE DEPARTMENT, AND $14,000'FOR THE SOLID
WASTE DEPARTMENT TO DEFRAY THE COSTS OF IMPLEMENTING
THE WASTE:DISPOSAL FEE; DECREASING' GENERAL FUND
REVENUE -"TAXES, TAXES, BY $2,476,000 TO PERMIT THE
APPROPRIATION OFFLORIDAPOWER AND LIGHT FRANCHISE
MONIES IN THE SAME AMOUNT INTO THE CAPITAL
(CONTINUED ON NEXT PAGE)
ist
FEB 121980
IMPROVEMENT FUND; BY DECREASING GENERAL FUND,
MISCELLANEOUS REVENUES, BY DECREASING $653,000,
ANTICIPATED FOR FY 80 BUT RECEIVED AND ACCOUNTED
FOR IN FY 79; AND BY INCREASING GENERAL FUND
:REVENUES, CHARGES FOR SERVICES, IN THE AMOUNT
OF $3,240,000 FOR THE PURPOSE OF APPROPRIATING
ANTICIPATED REVENUES FROM WASTE DISPOSAL FEES;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND DISPENSING WITH THE
REQUIREMENT OF READING SAME ON TWO SEPARATE
DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS
OF THE MEMBERS OF THE COMMISSION
Was introduced by Commissioner 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
Commissioner Joe Carollo
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: Commissioner J. L. Plummer, Jr.
Whereupon the Commission on motion of Commissioner Gibson and,
seconded by Commissioner Lacasa, adopted said ordinance by the following
vote:
AYES:
Commissioner Joe Carollo
Vice -Mayor Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: Commissioner J. L. Plummer,; Jr.
_SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9068
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.
25. DESIGNATE NEWSPAPERS IN WHICH NOTICE OF SALE OF CERTIFICATES
ISSUED BY THE CITY OF MIAMI FOR DELINQUENT SPECIAL IMPROVEMENT
ASSESSMENT LIENS SHALL BE PUBLISHED
-0g1V64p.,.,.mavr t%4....Y�?fr� : w 'n+4100N V ra'i'stia•44'
Mayor Ferre: We're now on item fifteen. You know, the Miami Times is
not included in that. I think we ought to include the Miami Times.
Mr. Plummer: Mr. Mayor, let me only ask this question. I don't think
there is any question about Diarios Las Americas. Is there?
Mayor Ferre: About. what?
Mr. Plummer: Is there any question about Diarios Las Americas.
Hey, let me : tell you where I'm coming from, Mr. Mayor. I don't' know <i
any of you deal as I do with classified advertising in the Herald or
other newspapers, but.:I think you ought to be aware that today advertising
is a.very -expensive item. Very expensive. So much so tothe day, you're
paying three dollars and eighty seven cents a line.
Mayor Ferre: We all ran for public
office recently.
ist
FEB 121980
Mr. -Plummer: No,no, that's a different ballgamewhen ,it relates to
political advertising. That's classified display. That's a different
item
Mayor Ferre:
Its very expensive.
e understand.
Mr.. Plummer: What I'm saying is I think that this Commission, and one
of the other things'I was going to bring up because we've been running
some displayadds that are unbelievable if you start taking the total .'
dollar value of the things. The three dollars and eighty cents a line
in classified is a healthy sum of money and I would like to see this
cut down to two newspapers ofdaily circulation. I'm not going to be
the wisdom to name the two but...the Miami Herald, for example, last month
just...they used to offer two percent discount if you paid your bill
within ten days. ..They just wiped it clean. They just wiped', it clean.
No'more discount for paying your bills promptly. They just wiped it
right off of the bill. So I'm just saying that if you took into
consideration''what this City is paying, every year for the advertising
that it does.and the: item I want to get back into later is'what it
does. I'_ am hopeful that the Commission will keep budget restraints in
mind.
Mr. Carollo: I could goalong with that. In fact, I think that we should
consider
even going adds. I -think. we could maybe
just assufficiently get the message across with a smaller add and save the
City .a heck of a lotof money.
Mr. Plummer: Well,:' if we could stop from publishing the Charter every
time they
ey put an add in for three toothbrushes, I think we'd be in great
shape. They put enough information in that. add.to...it's incredible if
you ever read them_ or try to read them. Mr. Mayor, I'll make a motion
that .we include these delinquent rolls in Diarios`.,: Las Americas, the Miami
Times and that which I feel it should be in, the Miami Review which
is a daily publication and is the legal paper of this community. I make
that in the form of a motion.
Mayor Ferre:
Mr. Plummer:
And., you forgot the Miami News...
Mayor Ferre: No Miami News.
Mr. Plummer::
property.
y would we do it in Hialeah? This only
relates 'to.City
Mayor Ferre: Okay. I understand. "Miatni Review, Diarios Las Americas..
Mr.mm Pluer: And the Miami Times.
Mayor Ferre: And how about Liberty News?
Mr. Plummer:. It's duplication..Unless you're going to split it half and,
half. And I - don't °think that, you know, you would really want to do that
Mr. Lacasa: Well, let me tell you this, J.:L. I have a question here.`'
In. the Cubanicommunity there are several newspapers that are published !.
on a weekly basis. Some twice a week... •
Mr.
Lacasa:
Mr. ` Plummer:
They are already excluded, Armando.
That is precisely the question.
It has to be a daily circulation.
•
Mr. Lacasa: No, it doesn't have to be a daily circulation because
Liberty News is certainly not' a daily circulation.
Mr. Plummer:'` It's not?
ist
FEB 121980
Mr. Lac:Asa: Liberty News is certatnly not a: daily circulation.
M
Plummer:Well then it can't...doesn't the Charter say daily circulation?
Mr: Knox: The requirement is that these adds be published in newspapers
of general circulation.
Mr. Plummer:. Oh. Okay. Well then I withdraw my motion and really,
I,.will say for one of the newspapers it would be the Miami' Review.
Mayor Ferre: Well I think the Miami Review, the Miami News, the"'IDiario
Las ,Americas, the Liberty News and the Miami Times.: Armando, Joe,.,
you wanted to express...
Mr. Lacasa: I want the papers that are being published in the Latin
community, basically the Cuban community which accounts for:, fifty-five
percent of the population of the City of Miami, most of whom has
difficulties in speaking the English language and, that some: ofthese;.
are even distributed free and has a tremendous amount' of constituency.
So I want "them- to be included here too.
Mayor Ferre: Well that's fine but you have the Dairos
Mr. Carollo: What I was going to say, Mr. Mayor, that the difference';
here iswe can even break this down to ethnic newspapers The reason
we're' printing Spanish newspapers is because of the language barrier.
Mayor Ferre That's right.
Mr. Carollo: That's the bottom line, 1 think.
Mr. Lacasa: Absolutely right.
Mayor Ferre I'll tell you:I would go along.. with this. I have no
problem with. this; We have....and this is not ethnic but since
we're going that way, we have the Liberty News and the Miami Times,,.
we have the Diario Las „Americas and T would say one other newspaper.
Mr. Plummer: Say it again.
ne other weekly newspaper.
Mayor Ferre:
Mr. Plummer: , What are the two that
Mayor. ,Ferre
Times. Okay?
you recommend?
'm saying that we'have'the Liberty News and`the Miam
Mr. Plummer: Well why don't we give ; it to; one one year . and one the
next year. We did that some time in the past.,
Mayor Ferre: Well, if we do thatthen it would be...this time it would
belong to the Miami Times.
Mr. Plummer: If that's the case, so be it.
Mr. Carollo: We could even rotate it. One time for one one for the other.
Mayor Ferre: I think that's fine but I think that with regards to the
Latin weekly newspapers, I would be prefectly. willing to goalong with
one. And I; think it should be the one with the largest circulation,
whichever that is.
Mr. Plummer: And in the so-called...I hate to say, the "Anglo`- papers,
'
do you agree with the Miami Review which is the legal paper?
Mayor Ferre: Tell me again.
Mr. Plummer: The so ca].i.ed, since we're breaking ethnically down
the
FEB 121980
ist
Mr. Plummer .(continued): Anglo papers, that we would go to the,`.
Miami Review?
Mayor Ferre: Yeah. The Miami Review is the Anglo paper. .We'll'
recognize...
Mr. Plummer: Boy, Lee Ruwitch, I'm sure would have problenis with that.
Mayor Ferre: Well we will concede that to you, Plummer.`
Mr. Plummer: I'm not
we're going...
asking that.
Mayor Ferre: Plummer, the problem
Mr. Plummer:
Yeah, money.
I'm 'just' asking, you know,.i
is very simply this...
Mayor Ferre: No, the problem` is, that there...more'than half of this
community does not read Englishas a habitual fact. So therefore, 1
think you've got to' recognize the reality. It isn't what somebody
wants or' doesn't want, it's what is the reality. .The reality is
that fifty -fiver percent, almost sixty percent of .this community reads
Spanish.
Mr. Plummer: ,`Did my motion include that problem
Mayor Ferre•
Mr.
Mayor Ferre: And. allI'm.saying is in answer to both Carollo and',
Lacasa's`request`is that we expand that to include; one of the weekly`
newspapers. Now.I don't careif you want to make `it..
Mr..Lacasa: Okay.; One°but that it rotates
Mayor Ferre: Yeah. But there has to be a cutoff because otherwise
you've got twenty weekly...
Mr. Carollo: What I would suggest is that out of the weekly newspapers...
this is what we're discussing, the latin community, that we would try to.
identify the three that have the largest circulation and rotate between
those three. Otherwise, we're going to be rotating between maybe fifteen
or twenty newspapers.
Mayor Ferre: I think the thing to do is to rotate it, and since the
one .with the largest circulation this year is Patria, I think that's
the one who should get it this year.
Mr. Lacasa: I don't know what thecirculation of the papers is, whatever
the circulation is andthen we rotate so everybody has -;a shot at it.
Mayor Ferre:
Fine.
Mr. Plummer: So then, if I understand, we've resolved this down .to
three papers it will appear in. Patria...
Mayor Ferre:
Mr. Plummer:
Mr.Carol lo:>
Mayor Ferre:
Mr. Plummer:
Four.
Four? Whose the fourth one?
DiarioLas....
The Miami Review....
Right.
7
ist
FEB 121980
Mayor Ferre: The Diario Las. Americas..:
Mr. Plummer: Right.
Mayor Ferre: The Miami Times.
Mr. Plummer: Right.
Mayor Ferre: Patria.
Mr. Plummer: Okay.
Mayor Ferre: Now, I still think that the Miami News.. that : we should
advertise in r the Miami News.
Mr. Plummer: Why?
Mayor
Ferre: Because it is a major newspaper of daily circulatiori.
Mr.' Plummer::'. Mr. Mayor, if,:I'm not mistaken now, and I'm not an
expert in this area, but -I don't think you have your choice any more.
You have combination rate that when you advertise in one you advertise.
in the other. Mr. Clerk, can you, designate an ad classified in the
Herald onlor, the news only or it's a combination?
Mr.
Ongie: Yes, ;I can.
Mayor Ferre:: Is it much cheaper in the news?
Mr. Ongie: No.,
Mr. Plummer:: Its note.
Mayor Ferre: So we haven't accomplished anything.
Mr. Plummer: That's right.
mayor Ferre: Well then I'll go along with you Plummer.
Vince? That we not advertise in the Herald and the News?
Mr. Grimm: You didn't last, year, Mr. Mayor.
Mayor Ferrel We advertised in the news, sir.
that- reasonable,
Mr. Grimm: Yes. What we did waslist."for-you the papers that you used
last year and you can, use those again or expand it however you choose.
Mayor. Ferre: Well the question is, these are notices on, assessment
liens and they have to be advertised in the papers of general. circulation.
Mr. Grimm: Yes. There on delinquent assessment liens.
Mayor Ferre: Ithink..you know, when you're talking about assessment
liens..the-average...somebody who "is going to go read that is 'looking
for that.
Mr. Grimm: Absolutely.
Mayor Ferrer. And I think they are going to go looking for it in the
Miami' Review. That's where they are going to go look for it, because...
Mr. Grimm: That's a highly specialized...
Mr. Plummer: That's, the legal paper. We're talking about legal
matters.
Mayor Fere: And its a daily newspaper. All right, I'll' go along with
FEB 121980
ist
Mayor Ferre ( continued): that. Then the newspapers are ;the
Miami 'Review, Diario Las Americas, the Miami Times and Petrie.
that
correct?
Is everybody in agreement with that as of this year.
With the understanding that we will rotate.
Mr. Lacasa: With the understanding that we will rotate so every paper
has a shot at it and every paper participates.
Mayor Ferre: On the record I want to make it very clear. I do not
agree with that premise. There are certain newspapers that .I.do not:'.
think we should advertise in. In the community. and.I certainly
will not vote for papers that specialize in scandalizing...
Mr. Lacasa: Well, whichever paper cannot live up to, the standards...',
Mr. Carollo.: This is what "I stated by saying pick the largest three
of the weeklys if we. can; identify them.
Mayor Ferre: That's fine.
Mr. Carollo: If not the three, then the four.. But we should se
also a standard by identifying which have really the largest
circulations plus how often are we going to rotate. Is" it g�ing to
be.
Mayor Ferre:
Mr. Carollo:
Every year.
Quarterly, yearly...
Mayor Ferre: This is a yearly thing that comes
Mr. Plummer:` Well' wait a minute now.'. Joe, so you understand, you'
were.:, not here before".'. This; is only as it relates to delinquent tax
notices This is not for -the general run of the year.
Mr.
Carollo:
Mayor Ferre:
that effect?
Mr.
Plummer:'
realize i
s there further discussion?
move it.
J.
Mr. Carollo: Second.
Mayor Ferre: Its; been; moved and seconded.
roll on item fifteen.
s there a motion to'`
Further discussion
The following resolution was introduced by Commissioner Plummier, who
moved its adoption:
Call - the
RESOLUTION NO. 80-92
A RESOLUTION DESIGNATING NEWSPAPERS IN WHICH THE.
NOTICE'; OF SALE OF CERTIFICATES ISSUED BY THE
CITY OF MIAMI FOR DELINQUENT SPECIAL IMPROVEMENT
ASSESSMENT LIENS' SHALL BE PUBLISHED
(Here follows body of
file in, the Office of
resolution, omitted here and on
the City Clerk).
Upon being seconded by Commissioner Carollo, the resolution was
^'^^^d and adopted by the following vote:
(CONTINUED ON NEXT. PAGE
G9
ist
F E B 121980
Commissioner J: L. Plummer, Jr.
Vice -Mayor ALiaando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
l`7tu4'w ie*-?st v.Lt!'O�{licWitfi±4
(a)PERSONAL APPEARANCE: MR. GREG GILLINGHAM IN CONNECTION WITH
•
26. SIDFWALKS ON TIGERTAIL AVENUE
(b)DISCUSSION OF BICYCLE LANE ALONG TIGERTAIL
g'', ; ;,,.,,{:ray, a :..'-�y.!i�'"r,#>S; •t,,
•
Mayor Ferre: Greg Gillingham, sidewalks on Tigertail and I apoligize
for holding you up half an hour. You are recognized Mr. Gillingham.
Mr. Plummer: What item?
Mayor Ferre: This is item number nine. All right. Mr. Gillingham,
the Chair recognizes you.
Mr. Greg Gillingham: Mr. Mayor, members of the Commission, I live
at 1889 Tigertail in Coconut Grove. I and my neighbors have been ,
directed by the City and Public Works to build sidewalks around our
homes. I'm not here on just my own behalf but on behalf of the fifty
people that signed this petition to ask you to permanently prohibit
the construction of these sidewalks. We shouldn't have to have
sidewalks in an area that has never had them for one hundred and
twenty-five years. Specifically, the streets are Natoma, Seminole,
Secoffee, and Immoklee,.along with Tigertail. There are four good
reasons not to have these sidewalks. Our neighborhoodhas a specific
character unlike the rest of Miami. Sidewalks only make sense if they
are; continuous. If; you'll look at these maps you will see that there
are less than five percent of sidewalks in these areas. Short pieces.
of sidewalks won't do usany good at all. Sidewalks can never be
built continuously on Tigertail because of all the trees. We have
mahogoney, black olives, a lot of floweringfruit trees. Those are
depicted in the picturesinfront of you. I personally,' would. lose
five large black olives in front: of my house. The:. people that do use
Tigertail are the bicycle riders, the joggers and the roller: skaters.
There is Federal funding available from the Department of Transportation;
to allocate funds so we can have these bicycle lanes. It's very
,."
similar to theThanks vermuch
ones:. at the Orange Bowl Marathon. y;
for,, your attention and our neighborhood is very unique. I,hope '. you' 1
help me preserve it.
Father Gibson: May I ask a question?
to build a sidewalk, is that right?
Mr. Gilliangham: Ye's,"sir.
What are you asking. us? Not
1
Rev. Gibson:, Oh, but .I understand. ;I .remember: so well. We did''that in
another part of the Grove where...well maybe 1 shouldn't be telling that.
Mr. Gillingham: Please do.
Father Gibson: Where the people did not want it..okay.;Wait a minute.
We've got sidewalks in my end of the Grove and we wanted them, the, people
on the other end of the Grove didn't want them but they helped us to,
get sidewalks. This was the way they did it. Do you follow what I'm
saying? I would think if you. ..well, you l:no"7, I'_:o'e I:don't have to
say anymore.
Mr. Gillingham: Well, out of all the homes that I spoke with on Sunday,
ist
70
F E B 121980
Mr. Gillingham (continued): I canvassed the area, there was only.less
than one pe percent of•the?ople who didn't have their mind up. Everybody
was very adamantabout the fact that they did not want sidewalks on
the street.'
Father Gibson: Let me ask you. Can't.you.do without building them?
Tell us. I>mean, enlighten me. You know, I°want to be enlightened:
Mr. Grimm: Mr. Mayor,` and members of the Commission, when public
improvements are built in the rights ofway of the City of Miami,. they
require that we establish an improvement district. That, improvement
district is brought before ;this Commission, the Commission listens
to the objections that people may have and then either authorizes us'
to proceed with that improvement or does not. This particular case
is;a little different in the sense that you look to the Public Works
Department to make recommendation regarding public works improvement.
And sidewalks are part of that. There exists an ordinance which
gives the Director of Public Works the authority to require sub -division
improvements; pavements, sidewalks, drainage, whatever in conjunction
with a replat. When this property was replatted in 1975, there existed
in the area of a sidewalk a low rock wall. Because the Public Works
Department said we don't to make that man tear down the wall, they.
covenanted the construction of the sidewalk. That property was
subsequently sold and the new owner has torn down that rock wall an
has grown a jungle on that corner. You make consider it aesthetic
or may not, but one that is a hazard. And built in its place a wood
fence which has since deteriorated. Now the Public Works Department
has exercised the covenant that that previous owner entered into
which would require that he build that sidewalk when they, the Public
Works Department determined when it was necessary,. We're at that
point. It's a matter of judgment. You have in your folder the
written report that the Public Works Department sent to the Manager's
Office and you also have his response :to Mr;' Gillingham. Now, .it's ,
a :matter of opinion. There is no questionab�ut that. .The Public
Works recommendation is that we build the sidewalk. Now, he contends ?.
that there are no sidewalks in that area and there are no sidewalks
in comparable residential areas. I disagree with that.; Commissioner
Plummer lives in a comparable residential area which is entirely
sidewalked. And if you'll look on the map we showed you, you will see.
sidewalksboth to the East, the North, and the South of him. And as
far as his argument about not doing it contiguously, that's a fallacious
argument. You have to start someplace and there are sidewalks in this
area.
Mr. Plummer: Vince, let me tell you something. I"have no:problems :with
sidewalks because I think sidewalks are a safety factor but 1 don't
agree with doing it on a piecemeal basis: To me,; I think that this
project should be held;. up until such time as sidewalks are done in a
district as we do districts:; And until that time,."I think you've got
a stretch of sidewalk, no sidewalk, it's ridiculous.
Mr. Grimm: Well, I'll get into the economics of that then.. If you build
sidewalks as an improvement district, the property owner only pays for,
twenty-five percent of the cost. The taxpayers, asa whole pick-up the
remaining seventy -percent. Under, the convenant that he entered into,
he's responsible for one hundred percent of the cost. But. if You'll
look on this map now you'll see that wherever the yellow line appears
there are sidewalks. We had to start someplace.
Mr. Gillingham: Natoma, Seminole, Seacoffee,
don't have sidewalks.
Mr. Grimm:
Mayor Ferrer Vince, I'm going;to give: you my personal opinion and ,it
' may not be worth a'hoot, but I:want to tell. ;you. ', I:think that -this.,'
is an area of this community that doesn't need sidewalks. It's ona
highe bluff area, the neighbors'don't want sidewalks,'you know, what.
Here's where the sidewalks. exist.
Emathla and Tigerfsil
FE3 I u ;j
( TZ
r
lialfif Mir
Mayor Ferre (continued): they'd rather have is a bicycle lane, for
crying out loud. Give them a bicycle lane. I have no problems with
that. I"mean, I'm sorry. Just because...
Mr. Grimm: Mr. Mayor...
Mayor Ferre: Vince, let me finish.
Mr. Grimm: If the Comxnissiori decides for us not to put, in sidewalks,
we'll not, put it in. But lets not disfuse it by calling an asphalt,.
path for bicycles as something different than a sidewalk. They'll
use them both the same way.
Mayor Ferre: Look, -the point I"guess I'm trying to make is this.
I know...hey, I'm an engineer too. And I went to engineering school
and...
Mr. Plummer: For one day. (LAUGHTER)
Mayor Ferre
o, I went for four years.
Mr. Plummer: You went for four years, you only attended school for
one day according to your father.
Mayor"Ferre:. I all a graduate engineer Now, and I:know that we: get
trained to say; this is what we are going to do,;'and "this"'is"what's
right and we"go,right -down the line. And we ought tohave sidewalks,
and that's standard for everybody. But the fact: is that that particular
community,has a very particular • character to it. -And I, don't see any
sense;in putting sidewalks when people are perfectly, happy:: to have all
these treesand palms and what have you hanging out there (LAUGHTER).'..
Hey, I''m not...that's not the" reason` for any of this. The election
is over...
."Lacasa: And they voted against me anyway. (LAUGHTER):
Mayor Ferre: And you voted against me anyways"so it doesn't'make a bit
of, difference. (LAUGHTER) So I'm not'";worrying "abdutany of,.that.
just telling you the way I;. feel. Okay That's just one mans opinion.
Mr. Gillingham: Thank you.
Father Gibson:
Let me ask you...
Mr. Grimm: Wait a minute. Mr. Mayor, so that this gentleman doesn't
go out of here with amisapprehension, unless this Commission directs,
us not to build sidewalks, we're going to make them. build sidewalks.
Mr. Lacasa: I.move...I move. I make a motion that no sidewalks be
built in that particular area because I do agreeIf the neighbors
don't want the sidewalks in this particular area, it is really
not in need of the sidewalks. I don't see why we have to go through
the expenditures of doing something which is even against the will of
the neighbors.
Mayor Ferre: All right.There is a motion on the floor. Is there `,a
second? Is there a second.
Father Gibson:
second the motion.'
Mayor .Ferre,: All right. Now, Vince, that's not.to say 'that later .on
in the future you might. get another. Commission that may want to put`-
sidewalks in that general area...
Mr. Grimm: I understand.
Mayor Ferre: Do you want to say something, Don?
72
ist
FEB121980
Mr. Donald Cather: I've met with the neighborhood in the vicinity
of Seacoffee and Seminole and talked with them about their particular
problems and sidewalks. Seacoffee Street basically has no sidewalks
except at the corner of 22nd and Secoffee. The particular site that
we are discussing at the moment, occupied by Mr. Gillingham, is ninety-five
percent sidewalked. It is the area in which I live. The property
to the North and to the West has sidewalks. The property immediately
part of the same subdivision, the paved subdivision, has sidewalks
on the new house that was constructed immediately adjacent to this
particular property. The site distance around the corner at the corner
of Natoma and Tigertail is one of the worst of any place in the City
because there is vegetation righ to the street line and no visability
is permitted around that corner. Since you have sidewalks to the
North and sidewalks to the East, I think that this whole community,
which I showed you a map of, and I'll point it out again...
Mayor Ferre: Well, we saw the map and we've got a drawing of it
right here. Thank you. Let me tell you that, Don, my wife for example,
goes out of here way to go along Tigertail because it is such a pretty
road. And when she's going down South, she goes out of here way to go
along Coconut Grove rather than U.S. I. Arid when you cross U.S. I and
you go down to the Road Section the character is so different. You know,
we have something of beauty there why...I understand. But I think that
has value too. And I personnally happen to concur with the motion.
I think what you ought to do is force anything that's hazardous, for
exarnpl.e, like a palm tree or bushes that are obstructing.. .you said that
there are a lot of bushes on Natoma and Tigertail, fine, make them cut
them down.
Mr. Plturarter: Wait a minute. when did this move to Natoma.
Mayor Ferre-.Well Tigertail.rtail•
osaid that?
thatie what he said.
is onTige And
lummer. .
wh
Mr. P MrCather: This is at the corner of Natoma and
hal.f the sidewalk is on Natoma arid
the other half
Mr. Plummer: Natoma Street.
Cather: Natoma Street, yes.
Mr. Pluim'ner: Not Manors.
Mr. Cather: No. this,
Mayor Ferre: Well, I think the point I'm trying to make in all of is
that if somebody is causing a hazard to safety you're going to have
tomake them comply. We're not talki.ng about that now. We're talking
about sidewalks. An is
la motion and there is a second. Is
there further discussion?
Mr. Plummer: What is tion2 Repeat the motion.
Mayor Ferre: The motion is that...not to build sidewalks along Tigertail
Avenue. Further discussion? Call the roll?
Mr. Grimm: Mr. Mayor, since this is a legally recorded covenant against
the land, could I get you to condition your resolution on just this time?
Mayor Ferre: At this particular time.
Mr. Grimm: Thank you. I•know what he wants, and you want a bicycle path?
No, you don't want that. Well, 'I do and I'll talk to you about that in
a second. Okay. All right, what's your question?
73
ist
FEB 121980
UNIDENTIFIED SPEAKER: I went: through this with Public Works about
a year and a half; ago and I was offerred a covenant arrangement whereby.
I; would not have to build a sidewalk provided that I would give the
City my ten feet ofproperty between the base building line and the
right of. way. Okay? Which is pretty close to extortion. The net
result, the bottom line is there is now fifteen thousand dollars of
improvements that are not on the tax rolls because of the attitude
of the Public Works Department. Okay?
Mayor Ferre.:
What's your point?
UNIDENTIFIED SPEAKER: The point is, that this whole concept, this
covenant arrangement in: itself is questionable. Public Works is
sitting here and saying how they have this right, that right and so
forth and they themselves are playing there own little number from
file records of their's.
Mayor'Ferre:.; We,have>,legal-,grounds...ample legal grounds. And :our;;
position is •that it is amply; warranted And; •all,we are doing is`
postponing -the building -of t•hose sidewalks to another years.• .We're -not...
not...
some day. eventually, they will be_built. Okay?`
UNIDENTIFIED SPEAKER: Okay, we're talking about one year now? Right?
Mayor Ferre: I' don't know how many years. It's on the public record.
All we are doing now is saying; we need those ten feet, a sidewalk
will be built. We don't know when, it is not going to be built now.
And it's your problem to worry about it with future Commissioners. All
right. Further discussion? Ca11 the roll.
The following motion was introduced by Commissioner .Lacasa,who:
moved its adoption:
MOTION NO. 80-93
A MOTION DECLARING THE POLICY OF THE CITY: COMMISSION
THAT NO SIDEWALKS' WILL: BE CONSTRUCTED ALONG
TIGERTAIL AVENUE IN COCONUT GROVE AT THIS TIME, AS
PROPOSED BY THE PUBLIC WORKS DEPARTMENT
Upon., being seconded by;.Commissioner Gibson, the motion was passed
and adopted by the following. vote:
Vice -Mayor. Armando.Lacasa
omxnissioner (Rev.) Theodore R. Gibson
Commissioner.. Joe,Carollo
Commissioner J.'`L: Plummer, Jr.;,
Mayor -'Maurice A.'Ferre
AYES:
NOES: None
Mayor Ferree Now I'd like, tomake a motion that instead o_f a. sidewalk
thatpath a bicycle be built along one side of Tigertail. Jack, do
You want to speak to that?
Mr. Jack Luft: You may recall in about 1977 we filed an application to
p for a grant to; build bicycle lanes.
the Department of Transportation
and paths through out. Coconut Grove. And at that time, I went out with.
Public Works,• we did look at Tigertaia, and,we determined that with a
foot or two of asphalt added to each edge on the North and. South side:..
Mayor Ferre: Just one side.'
Mr.,Luft: You can't build a separate path The separate path would have
to be at least six to eight feet wide and it would be too hazardous in
that case. We could at best put about a threeto four foot lane on
both sides. And in that kind of urban situation,the bike lanes are,
ist
FEB 121980
Mr. Luft (continued): technically the appropriate way to
could put lanes on bothsides.
go• -
You
Mayor Ferrer Jack, let me ask you a question. What's the difference
between a three to four foot asphalt paving and a sidewalk,;` other than
the fact that one is concret and one is asphalt.
Mr. Luft: Becausethe bicycle lane actually uses part of the pavement.
You only need twelve feet of thepavementfor the moving lane of the
vehicle. The remainder: of the pavement, and some, parts of Tigertail
are wider than that, can be incorporated into a bike lane. So we're
only talking about twelve inches,; eighteen inches on the edge for the
bike lane. The sidewalk would be five`, feet separated from that.
Mayor Ferre: Well I think you're going to get some arguments on that
so...the way. I'd liketo do it, and I: don't think you even need a
motion to do it. Vince, would you instruct the Public Works Department
and whoever has to do these things, to, come, back with a recommendation'
on that. Is that acceptable to everybody here?'
about from l7th to 27th Avenue?
Mayor Ferre: we're talking about from 17th:Avenue all the wayto;
27th. Is that acceptable to everybody; here? Okay?"Do you want :a
motion?
Mr. Grimm: No, sir.
Mayor Ferre: You don't need a motion. Okay. Thank you very much.
x•�
SECOND READING ORDINANCE: AMEND SECTION 50-78 OF CITY CODE -
27. AUTHORIZE CITY MANAGER TO ESTABLISH DOCKAGE RATES FOR THE
KINNDER KEY MARINA
Mayor Ferre: All right. Gentlemen. We are now back to item number ten.
We finished number nine and item number ten...is there anybody here on
item number ten? All right, sir. This is the second reading on the
establishment of the docks. Your name for the record.
Mr. Ernie Senatore: Ernie Senatore. Mr. Mayor, I'd like to review
the process, how we came:' about what the current Chapter 50-78, City
Manager's Office and representative of the marine interest developed
a working formula. This was about three years ago. Mr. Grimm,:I think
and Ike Iaconis anda few people go together, to workout a<formula
to provide the City with a fair rate of return for the marina facilities.
I think if you wouldchoose to change the chapter today that it would
be premature in the ].ight of the fact that the issue of the management
agreement,if that is in effect what you are bringing the change for, is
to bring it in concert with the management agreement would be
premature. I'd like to point out.. that the City Comrnission is yet to:.
receive the second independent appraisal: of the;; management; agreement.
poi
nt
I` do want to
our, sir, that'I do have a copy of the first management
appraisal by. your City's.financial consultant. And what we have here,
and I'd like to just quote one line out of here, it says; "in view of
the companies duties and upfront money they pledge..:
iiayurrFerre: Mr Senatore, you're going to give me a terrible headache
by talking into the microphone.
Mr. Senatore: I'msorry. Ihave a very bad sore throat so I. wasn't; sure
whether
you:were going
to:hear it or not.restate=Athat:�
_-Let ;me I'm reading from the Hough's Company's, if you will, appraisal. It says;
75
FEB 121980
Mr.; Senatore '(continued):' "in view of the company's duties and up
front money, they pledge a compensation to them is reasonable." Who
are we protecting? This independent appraisal says that the
Biscayne? Recreation Management. Company is going to receive a fair
rate of return. Not the City. And if you go ahead and change the
proposed management to bring it in concert with the management agreement.
without reviewing; these independent appraisals, and I'd be glad to let
you look at this appraisal that you'll be premature.
Mayor Ferre: Mr. Senatore, the item before us is the establishing
of dockage rates'. for, Dinner Key Marina. The. Chair respectfully asks
that you limit your discussion to the itern before us. Okay? I,11
be happy to recognize you afterthe vote has been taken with regards
to other items that tie into it.
Ernie, may I see that letter while you are talking?
Mr. Plummer: I: asked this morning. The administration said they
didn't know. Strange that you have a copy of it. The administration`
doesn't know but the outsiders do.
Mr. Senatore: Mr. Mayor, I do want to apologize for talking
into the mike but'I do havea bad cough.
Mayor Ferre: Okay. You see, Ernie, if you talk;about `six inches
awayyou see how it...but if;I do'rthe"same thing right next to it, d
•
you see, the difference?
loudly
Mr. Plummer: If people around here were in private business they'd
starve to death.
Mayor Ferre: What the hell is the, Fosmoen'
Mr. Plummer: It's a joke that's what it is.
Mayor Ferre: I can't believe this.
Mr. Plummer: That's your appraisal. And Is as you said Mr. Mayor,
ain not a lawyer but :if that's an appraisal...
Mr. Fosmoen: Mr. Mayor, the difficulty that . we have is that a Charter
amendment was passed in this community which requiresan appraisal
for properties that are going to be ].eased and forproperties that
we are going to put out for management. Now..'.'.
Mayor Ferre: I think an appraisal means an appraisalIt doesn't',,;
mean a letter from a financial adviser. Appraisals are made by AMI's
or a certified appraiser...
Mr. Fosmoen: Mr. Mayor, the basis for doing an appraisal...the::reason
for doing an appraisal is to determine whether or not the City is
getting a fair return. In this case, we are paying the company for a
service. We have entered into a management agreement with that company.
We haven't leased them theproperty.And I think that's the basis
for confusion.
Mayor Ferre: Oh, I see. I apologize for laughing. I think you're
absolutely right. I now understand what you're saying. In other words,
what they are saying is that this is. .the compensation is reasonable.
What we're paying them is'...'.Ithink itwould have been properly...it would
have been wiser, since this is not a lease but a management agreement, and
therefore, the reasonableness is, are we paying enough.. .are they
paying enough or not. I think it would have been better semantically
if the writer had said that the compensation . is reasonable for both the
. 76
ist
FEB 121980
Mayor Ferre (continued): City and the management company. Would you
have that amended, if that's the case?
Mr. Plummer: But Mr. Mayor, how to you make a determination what is a
reasonable return without knowing the value of the property. That's the
main criteria.
Mr. Fosmoen: Again Mr. Mayor, we're not getting the return, we're paying
the company for a service. And that is the distinction. We are not
leasing out Dinner Key. We are hiring someone to do a service for the
Mayor Ferre: The Chair is going to rule that this is cornpletel.y
out of order. It has nothing to do with item number ten and I will
take it up as soon as we've voted on establishing a dock rate. And
Mr. Senatore, I know that the people out there on the boats don't want
to pay any more. / understand that.
Mr. Senatore: Mr. Mayor, can I just say one point and I won't scream
into the mike. What I'm going to say is that I think that the City
Commission should consider in the light of the fact that we are
•
. .
going into litigation for the management agreement, that in fact, we
have shown you that even the one independent appraisal does not meet
the qualifications of your own resolution. That I believe that the
CityCommission is moving too fast on the changes. Lets leave the
rule fifty with...
Mayor Ferre: Let me tell you something, Mr. Senatore...
Mr. Senatore: If you'd like to increase the rates underneath the
present formula...
Mayor Ferre: Let me tell you, Mr, Senatore, I'll tell you not only do
I want to increase the rates, I want to increase the rates to the
highest rate within South Florida. That's how I want to go. Okay?
And if we push this that's exactly where going to go. And I want
to tell it to you out front and on the record. Okay. I think that
the people who live on boats out there have been ripping off this
community long enough. Sending their children to schools without paying
any tax dollars and it is absolutely a crying shame. And I am...and I
for one, arn not willing to put up with that any longer. And I'm glad
that there's state laws passed now to that effect. It's long overdue
for those people that are riding on the taxpayers goodwil.1 to start
paying their fair share of taxes in this community.
Mr. Senatore: Mr. Mayor, can I point out to you that you have out of
three hundred and seventy-five people in that marina that You're talking
about one hundred and fifty that are residents. What about the other
two hundred people who use the facility, not counting the people who
use the ramp and the other facilities. You're affecting everybody.
You're not just talking about one group of the population here.
Mayor Ferre: I'm talking about people who live on their boats and do
not pay taxes and send children to school.
Mr. Senatore: I understand what your point
Mayor Ferre: ' that's...I call that a free
Mr. Senatore: I understand what your point is, sir and the stae has
addressed this parti.cularissue. What I'm saying to you, sir, is I think
we're not talking the rate issue here. What we're talkin
gabout the
ain
fact is you don't have anagemin thisent contract t in time.
point
Changing the ordinance prior.to having the managementcontract is
Premature and untimely. And what we're asking you to do is review
the independent appraisals, upon,receiving satsifactory review of the
independent appraisals.to then vote on the fact that Chapter 50 win
change. We're not asking for anything unreasonable here. What we are
77
FEB 121980
ist
Mr. Senatore (continued) asking you to do is to be reasonable an
review and go by the guidelines that were set up by the City.
Mayor Ferre: Okay.
•there anything else you'd like to say?;
Mr. Senatore: Not on this issue. Thank you.
Mayor Ferre: Any other statements at this time?
Mr. Fosmoen: To set the record"straight, Mr. Mayor, the implementation
date of the management is coincident with the effective date of the
changes to Ordinance 50 which in this case, would be March 12. Thirty.;.
days from the second reading. So the statement that we don't have a
management agreement is somewhat incorrect.
Mayor Ferre: All right. Further discussion? All right. Is there
a motion? Mr. Carollo, do you still want to make the motion?
Mr.;Carollo moves. Mr. Lacasa do you still want to second it?
Mr. ," Lacasa:
Mayor Ferre:
AN ORDINANCE ENTITLED -
Second..
r. Lacasa
seconds. Further discussion? Ca11 the roll.
AN ORDINANCE AMENDING SECTION 50-78 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, WHICH ESTABLISHED
DOCKAGE FEES AT THE DINNER KEY MARINA AND DINNER
KEY MARINA ANNEX BY REPEALING SAID SECTION 50-78
IN ITS ENTIRETY; AND SUBSTITUTING A NEW SECTION
THEREFOR AUTHORIZING THE CITY MANAGER TO
ESTABLISH. DOCKAGE RATES UPON CONSIDERATION OF
DESIGNATED COST FACTORS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE
Passed on its first reading by title at the meeting of January 24,
1980, it was taken up for its second and final reading by title and
adoption. On motion of Commissioner Carollo, seconded by Commissioner
Lacasa, the ordinance was given its second and final reading by title
and passed and adopted by the following vote:
AYES:
NOES:
None
Commissioner:J. L. Plummer,; Jr.
Vice -Mayor Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Mayor Maurice A. Ferre
SAID ORDINANCE WAS DESIGNATED
ORDINANCE ';NO. =9069
The City Attorriey read the ordinance into the public record and
announced that copies were available to the members of the City Commission;
and to the public.
ON THE ROLL CALL:
Mayor Ferre: Let the record reflect that each member of the Commission
and the public have a copy, of this ordinance before them at this. time.
Now, I would like to make a motion and I would like to pass the gave]. on
to Mr. Lacasa. I move you, sir, that we instruct this administration
to take a reading of the teri largest marinas in Southeast Florida,; as to
what rates they. charge. And that we take an average of those rates
and that we charge one hundred percent of the averageto anybody who is
•
a non-resident of the City of Miami and ninety-five` percent to anybod who
is a resident; of Miami. • y
Mr: --Plummer:,
How would you delin
..well, wait for a second than
ist
78
FEB 121980
Mayor Ferre: The ten largest marinas. Whatever they are.
Mr. Plummer: Maurice, residency. What about the people living there
Mayor Ferre: Al]. right. And that they come back with a specific
recommendation to increase the residency, to make up for the taxes
that they are not paying and that they be paid in proportion to
Metropolitan Dade County, the School System in Miami, in accordance
to that proportion. As if they were...as if it were a house on a piece
of property. And I so move.
Mr. Lacasa: There is a motion. Do I hear a second?
Mr. Lacasa: Second.
Mr. Lacasa: There is a motion and a second. Discussion?
Mr. Plummer: Under discussion. I've got to vote against the motion
and I'll tell you why. You take the ten largest marinas in this
community, and I'm assuming those are all private marinas...
Mayor Ferre: Southeast Florida.
tIr. Plummer: All right. Southeast Florida. I'm assuming that the
ten largest are in fact, private. I think Maurice, that what you would
have to do to come to a detei-mi.ning rate is comparable facilities.
There you come to a point of fairness. I don't think any of us sitting
up here are proud of what's back there today.
Mayor Ferre: J. L., I'll accept that. However, if you are going to do
it that way then I would want to move out ofSoutheast Florida because
there are no other comparable facilities in Southeast Florida. So I
would then take Southern California and the West Coast of Florida into
account. And if you want...I would be perfectly willing go go along
with the average of whatever ten marinas is chosen and I'll let anybody
choose them. I don't care how you choose thern. But I don't think...I
think we're giving away taxpayers money. We're giving away something
that has a tremendous value. And I think number one...I don't mind
these people paying a rate lower than the going rate. I don't mind them
going five percent lower. If you want, I'll go ten percent lower but
that's it. Give thern a break. Fine, give them a five ten percent break.
Average it out, whatever the average is less ten percent that's what they
pay. And I think that's fair and square. And as far as the live-aboards,
let them pay their fair share to send their kids to school, and whatever
the services that the County and the City would charge if they lived in
the City in a piece of property. And that's long overdue. I should have
done this five years ago. If I had...frankly, you know, I don't know how
rny patience has lasted this long.
Mr. Lacasa: Further discussion? Call the roll.
The following motion was introduced by Mayor Ferre, who moved its
79
ist
1.1-; 196d
. `-
MOTION NO. 80-94
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER
TO;SURVEY THE 10 LARGEST MARINAS IN SOUTHEAST FLORIDA
WHICH ACCOMODATE "LIVE-ABOARDS" AND DETERMINE WHAT
THE AVERAGE RATE OF PAYMENT IS PAID AND SUBMIT
RECOMMENDATIONS TO THE CITY COMMISSION FOR AN
ADJUSTMENT IN THE RATES CHARGED TO SUCH "LIVE-ABOARDS"`
.TO MAKE UP FOR OTHER TAXES THEY DO NOT PAY
Upon being seconded by Commissioner Carollo, the motion was passed
and adopted by the following vote:
AYES: Mayor Maurice A. Ferre
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Vice -Mayor Armando Lacasa
Commissioner.J. L. Plummer, Jr.,
NOES:
ON THE ROLL CALL:
Mayor Ferre: Now,. all this`, is is a motion of intent. This will come
back -for apublic hearing and I'm sure we'll havethe rafters hanging
full and screaming. And that's all right and that's not going to -change
my vote this time. It did last time but it won't this time.
Mr. John Thomas: Mr. Mayor, can we have a discussionon what we were
speaking to previously about the two independent appraisals?
Mr. Plummer: Mr. Thomas, identify yourself for the record.
Mr. Thomas: Yes. My name is John Thomas. I'm an attorney with the
law firin of Thomas, Kraft and Raab, 2825 Oak in Coconut Grove and I
represent the Miami Marinas Associations.'
Mr. Plummer: The question is, Mr. Mayor, which I' hope
Are we going to get back and discuss this item here?
Mayor Ferre: Yes, sure. I think that's completely fair and appropriate.
And I think I'll recognize Commissioner_ Plummer to open the discussion.
Mr..:Plummer: Well Mr. Mayor, to be very simply, an appraisal, and I
will ask the Clerk to furnish this Commission -after research of the.
minutes pertaining to the presentationof this for the electorate,; if
there was an intent written into this as appraisals` terminology Was it
appraisals as I think is generaily accepted where they would appraise.
the property for its value, or was it as the administration as
interpreted, to appraisal. of the contract? Inersonally feel that it...
and the way I voted was an appraisal of the property, then you were able
to determine what net revenue would be returned to the Citybased
on a percentage of -,going concern.
Mayor Ferre: J. L., letme say. that I..my interpretation is just
opposite. I think what we need an' appraisal of is what is an
appropriate return to the City for'. the contract,, either a leasehold
or the management of. .Now, that being said ,'it is; my, opinion that
this one` page letter from William:R. Hough, a, highly respected.firm,';
nationallyand in the State of Florida`is not enough.
Mayor Ferre: Excuse me. I'dlike"tohave the backup. I mean, this
•
might be enough if I see what the backup information to this is. 'I mean,
how do they come to this conclusion?
Mr. Fosmoen: What they had, Mr. Mayor,was the contract. And a
knowledge of other kindsof services that are provided in the State.
80
FEB 121980
ist
Mayor .Ferre: '.But Mr. Fosmoen.
Mr. Fosmoen: And that is their opinion that we are
reasonable fee.
Mayor Ferre: I realize that, that that's their opinion. Arid 1 read
`what'. this °letter says. This one page letter.. I think the public
expects a little bit more than this and I think the ';public` is entitled
to more. I have.no...I think the premise is that this is not
sufficient just to say; I, William R. Hough, Vice -President of Raymond
Condin think this is okay. You know. That just does not suffice.
I.ttink the public scrutiny is involved in this. We've got to justify
this. I think they've got to say; we have look at four other contracts
similar to this, you know,.. three of them are higher and one of them is
lower and we think that this is appropriate for this reason.
Mr. Plummer: Yeah, but Maurice, if you read from their letter, which
it was obviously a hidden document until today, they fully outline"
that they were working from a draft copy.
Mayor Ferre: I assume, and would you stipulate for.the record that
thecopythatthey'saw of the draft was exactly what we passed
Mr. Fosmoen:.The_ terms of the`. agreement, the draft copy; that :they --were-
,..
working from did not change from"whatapproved,'=Commissioner.
g you
Mr. Plummer: enwasthe final Commission meeting on that matter'
Fosmoen: Commissioner, what I.said was.that--the terms. of the
agreement between; us `and Biscayne Recreation did not, change. from the
draft that they reviewed`to the -final -document°thatthe City.
Commission approved. There were no changes in the terms.
Mr. Plummer:
All right.
Who is doing the second: appraisal?
Mr. Fosmoen: Commissioner, they have been sent. out. I:dont have :.those`'
names: for;.you today. I' didn't personally sendthem° out.` The_ Lease- :.
Manager sent out the contract for additional appraisals.! I`. don't
have those, naves.
r. Plummer: Whoselected these firms?
Mr. Fosmoen: Commissioner,there was no: .inthat:case,` William R
Hough is the City's financial advisor. It'sa service that he performs
for the City in his capacity as financial" advisor.
Mr. Plummer: Oh, as an advisor to the City? So then...
Mr. Fosmoen: He's under contract.
Mr. Plummer: you're going out for, two appraisals then? Not this; one.
This is not an appraisal. He's in-house.
Mr. Fosmoen: Commissioner, Mr. Hough is under contract to the City
as financial advisor. I,'don't view' him as in-house. He's an
independent consultant to the City on financial matters. We're not
going out for two more. We'.re going out for one more opinion as to
whether or not the fee that we are paying Biscayne Recreation for the
service that they are providing is a_reasonable fee for both us and
Biscayne.
Mr. Plummer: It wasrny understanding that this Commission made the
determination of who was: independent appraisers.
Mr. Fosmoen: Commissioner,when we get to a point of higher' consulting
services for over forty-five hundred dollars than that is brought to
this City Commission.
. Plummer: And how much did Mr. Hough charge?
81
FEB 1219B0
ist
Mr. Posmoen: There is no charge.
financial advisor t0 the City..
It's part of his service as a
Mr. Plummer: He receipes no fee .for that?
Mr. Fosmoen: For that particular review,, there is no fee charged..'
Mr. Plummer:," No, no. As his fee as the consultant.
Mr. Fosmoen: He's under contract with the Finance Department."
know the terms... the specific "terms; in the : contract.
Mr. Plummer: And you don't know who the second company, is.
don 't`
Mr. Fosmoen: I: didn't mail the letters,' Commissioner. I'd be' happy
togetfor it.. you. ,..
Mr. Plummer: Okay. Would you get,.us a copy o
proposed to cost.
Mr. Carollo:
it and how much it!
. Fosmoen, how much did we pay for this appraisal?
Mr. Plummer: He says nothing.
Mr. Fosmoen Commissioner, there was no charge.` William R. Hough is.
the''.City's`financial advisor. We sent him theecontract and asked him
for"his opinion as to whether or not the fee they were paying
reasonable."
Mr. Carollo: In other. words, this Mr. Raymond Condin -we`did':not"
pay =him anything either'.
Fosmoen: We did not pay for that opinion. No, sir.
Mr. Plummer: Mr. Mayor, I make a motion at this time, that"the...what
I feel is the intent of what the Charter amendment was, that we
immediately instruct staff to solicit proposals so that this Commission
can determine who two independent appraisers are, to make: an appraisal,
of that property in question.
Mayor Ferre: That's acceptable.
Mr. Carollo: Second.
Mayor Ferre: All right. :`There is a motion and a second.
discussion? Call the roll.
WHEREUPON THE COMMISSION PROCEEDED TO
VOTE AND ADOPT THE ABOVE MENTIONED
MOTION
:Further,
Mayor Ferre: I know that this is going to cause an inconvenience to
the people involved." But since what we are dealing with is something
that is so severely, and has been under attack and remains under
attack, I don't think...we have.to be like Ceasers wife. Not...we're
not talking about you Ceaser Odio. We're talking about the original
Ceasar. I think we have to be totally beyond reproach. You
realize that that was a Freudian slip. Therefore, I vote with the
motion because I think all the "t's" have got to be crossed and all
the"I's" dotted. Okay. Is there anything else on that item?
Mr. Knox: Mr. Mayor, may I add just one thing to add legal clarity to
this question. It appears that the so-called appraisal would be an
analysis or a comparasion between the contract with Biscayne Marina
and those other entities who provide other services which are similar
in nature. Such that what we are talking about is not a formalized
appraisal of property but an analysis of the agreements to see whether
or not they...
82
ist
FEB 121980
Mayor Ferre:
Yes, that's my understanding.
Plummer No, no, no. .'Pead back the motion.
Mayor Ferrer. Read the motion.
Mr. Plummer: The value of the property...read back the motion.
Mayor Ferre: Plummer, you're getting yourself intoa trap that you'll`
never get out of.
Mr. Plummer:.
Read back the motion.
I know what :I said.
Mayor Ferre: I'll tell you. If that's what the motion says then I
want to withdraw my vote because that's totally,...thatis going to
create chaos.
Mr.
Knox: May .I'also...
Mayor Ferre:, Thankyou forbringing that out, George. Well, what
Plummer is doing is creating chaos, with all due respects.
Mr. Plummer:. Wait a minute. No, no, n
Mayor Ferre: What we need is an appraisal of whether or not our
proposal is a reasonable return to the CityI'm .not :interested `;in
appraisals as to whatthat property is worth because then you have
get into defining whether you are going to talk about replacement
value as compared`.to.what..-You're talking "`about ''a twenty, .thirty
thousand dollarappraisal.. It will take six months. It's another
way to kill this project. And, you :know...I'm...it's...as'Father ,likes
to say, its a good way to get ..what is it the back door what you can't
do through the front door. So, if that's what it says, then I would
lik
e..:read the motion again.
Mr. Angie: Pursuant to the intent of the City. Commission to establish
the intent of the Charter amendments and instructing the staff to solicit
proposals to make; two independent appraisalsof the Dinner' Key. Marina
property." .
Mr. Plummer: I said the value of.
Mayor Ferre: NO,;;no.
0
Mr Plummer:` Oh ::yes I',. -did..`,
Mayor Ferre: Okay. Well,if that's your motion. then. I. want...
Mr. Ongie: To establish the value of the Dinner Key Marina property.
Mr. Plummer:: Push your little button and then play it back
Mayor Ferre Let the record ..with the Commission's permission, then
would like. to ..my right to change my vote,
and I would to,no.' That's not et all'...
:recommend that we reconsider this because -I think what you're
heading for is a disaster.
Mr. Lacasa: What will
be the effect...the;practical effect?
Mr. Plummer: The practical effect from the maker of the motion, is that
the valuewill .be .:determined of the property that is in question for the
wa establishedand then a d
then can a fair return be determined to the CityUntil h,itime...'
Dinner Key Marina. i
And the value ll`b, n only
such
there's no way you can determine that..
Mayor Ferre With all duerespect, youknow, thatnumber one, is going
to cost twenty. to .thirty' thousand.` dollars to make that kind of an
evaluation; number two, it's going to take six months and how...the..,,
appraiser is going to comeback here and ask us to define value.` He's`
F E B 121980
Mayor Ferre (continued): going to ask us to define, you know, .are
you talking as if it were a:private ' piece of property; are you,
talking for its best and highest use; what kind of...you know, it gets...
you get into all kinds of problems. The only way.. you can do this, and
it was the intent of the ordinance, and Mr. Knox, I:would like this in
writing if I'm wrong. The intent of the ordinance was that we get a
bonafide appraisal from an independent source as to what the value
of the lease is because...or what the value of themanagement contract
is.Because we're not out leasing the property. Therefore, the
value of it....and anyway, once we get that then you're going, to say
well go out and get another appraisal to see what a proper return would
be. And I just think...I think we're going to end up going in circles.
Mr. Plummer:. Mr. Mayor, I:call :to your attention segment two of that
Charter referendum which passed. Any project, the financing of which
has been provided by the authorization of bonds to be issued by ;the
City of Miami which leases and contract would prevent reasonable public
access to the water or which would prevent public use of such waterfront
property. Or, two independent appraisals. There are bonds involved
in Dinner Key. I don't have to be a lawyer.
Lacasa: There obviously a misunderstanding,here as to the
ext• ent of the motion on which be voted. So I;' am going to move that
we reconsider the.whole question and we discuss it now.
reconsider?"
the motion to
Second.
Mayor Ferre: All right. There is a second on the motion to reconsider.
Ca11 the roll on the motion to reconsider.
MOTION NO. 80-95
WHEREUPON THE CITY COMMISSION VOTED ON A
MOTION TO RECONSIDER WHICH WAS PASSED
UNANIMOUSLY
All right. Now we are back to ground
zero.
Mr. Knox: All right. Now, before you reconsider the measure,; mayI; please
indicate on the record the apparant intention represented by that
provision in the Charter, amendment There is a recognition that for
Teasing real property and for entering into management agreementswhere
nolease or propertyis involved there is no reguirement'for .;.competitive
bidding. This provision appears in the Charter amendment for the purpose
of having the City ascertain or having the public be: satisfied that
whatever business arrangements the City enters into pursuant to its
power to enter into agreements without competitive_, bidding is a reasonable
one. And the way that that's determined is to analyze the business
arrangement that the City contemplates and compare it with business
arrangements for similar activities or for providing similar services;
and to determine whether or or not the deal or the bargain that has
been struck is comparable with a deal or bargain that has been struck
in a' similar kind of business arrangement.
Mayor Ferre: Okay. And if you limit it to that then I would vote
with you. I've got no problems with that.
Mr. Plummer: I now know why Mr. Knox, hates the Third District Court
Appeal so bad. Mr. Mayor, all I've got to say is .one thing. The,
word appraisal to me, today as it did the ; day `I voted on it was an
appraisal of the property. So that you could determine a; fair:: return to
the City. It does not state here that you shall have a financial review`
of the contract. That wouldhave been proper terminology according to
what's being interpreted by the administration. I' still contend you
cannot determine the value until you know what the value is.
Mayor`Ferre: I think what we're dealing with is not a piece of property
FEB 121980
Mayor Ferre'(continued): per se but a going concern called a marina.',
If we are talking about a contractual obligation so that someone will
manage that marina, what the City and the public are interested in is
in whether or not the contract to manage is reasonable, fair and
fair return to the City. Not on what the value of the property per se
is, because, I submit to you that if the value of this property "were`:
properly appraised in its totality it would probably be worth twenty
million dollars. You know?
Mayor.:Ferre: And so be it. And therefore, if what you decide is that
a ten percent return on an investment is fair, then you would say then
these people should pay two million dollars a year. Since:'; that is
patently absurd because it's not going to happen here orany where in`,
the world...
Mr. Plummer: Oh, please. That's your own observation. I want to recall
to your memory that breathing down our necks and ;the`greatest. concern of
the proposed leasee was that of taxes. And taxes will be .assessed.`
Mayor Ferre: .Mr. Plummer, that's precisely why..
Mr. Plummer;
That's where your determination will come.
Mayor Ferre See, with all due respects to you, that's exactly why we
held up beer in the Orange Bowl for two years, why. we don't have a sign
in the Orange Bowl, why we've never fixed up the Orange Bowl and why.
we haven't done somanyother things that this community desperately
needs.
Mr. Plummer:. Because` we, the majority. of this Commission were willing
to settle halfof -what it was worth. _.That's your opinion, that's mine..
Mayor Ferre: And in the meantime, while you wa:itedto get forty percent,
we lost six hundred thousand dollars of revenue And if youaverage
that out over the next, six years, that's one hundred thousand dollars
a year.
Mr. Plummer: And for the next eight years,you will lose "approximately
three hundred thousand a year which we could have negotiated in, a
better deal. That's twopointfour million.
Mayor;Ferre: That's all theory. That's all theory.: And the fact is
that the practical'` aspects of it is that what we want is an appraisal
`"
as to.'whether ..or >not what the management company is going topay is
reasonable and fair and comparable to'other ,such terms... throughout the
United States. And as long as we get that, that's what we are interested
in. Not whether or not theproperty for its best ofproperty use. '
Sure, I'll tell you what. Lets rezone the whole area for highrise
apartments, put floor area ratios of three point five -arid"limitations of
no more than forty story buildings and then appraise the property. You
know. How do you appraise a piece of property?
Mr. Plummer: You call' an appraiser and you say do the job.'
Mayor Ferre: Obviously, with all due respects again, .you 've.never
done that with an appraiser. Because the first thing the appraiser
asks you in the AMI that "I know if, whether it be Ted Slack, or any of
these...Bishop, or any of these people, they'll say, now how do:you:want
it appraised? If you want it for placement value? Do you wanted for
the,. fair market value 'as of today? Do you ;;want it . for its : best and
ultimate use? You know,you define what you want and then the appraiser
comes in and gives you an appraisal accordingly: And that's going to
take months and months. It's going t9 cost twenty .tothirty ..thousand
dollars. And when you havd it, what you haveis nothing. ` ;;Because what
FEB 121980
Mayor Ferre (continued): ,you need is not what the value of the real
estate is but what is the far business relationship between us and the
management company that is 'getting the contract. That's what we are..
looking for.
Mr. Grimm:
Mayor Ferre:
Mr. Grimm: Maybe this will help you in your dilemxna; You know,'; you just
instructedin the administration to come back with a recommendation of
rates in the marina. You also passed on second,. reading an ordinance which'
establishes the rates. Now I want to let you know the management fee
is a fixed fee which is determined by this Commission. The rate of return
that you get is going to be dependent on the rate that you fix for the users
of the marina. So as a consequence, you control that entirely. Now what
you are then interested is in what you are paying to thismanagement fee,`
is it a reasonable fee, and it has no. relationship to the value of the
property.
' Mayor Ferre: Precisely. Thank you, sir. Now,'' if thereis.a motion to
that effect, I: can gowith-that one. And I think we should get somegood:
documented appraisals. as to whether or not the management fee'is reasonable
and falls within the purview of established practices throughout the
United States. To do: -anything other than that is'to`just create a problem",
that we've never going to see the end of.
Mr. Plummer: Mr. Mayor, if you could go with a terminology other than
appraisal, I could, accept that.
Mayor Ferre:
appraisal...
,: because the Chartersays an appraisal and I think an
Mr. Plummer: But it's not an appraisa
Mayor Ferre: Sir, as defined by you. But as defined by the dictionary,,
you will ,look...if you will look up what the word appraisal means, and
I'll tell you what. Mr. Knox, rather then relying on Mr. Webster, wh,.
don't you give us a written statement as to what appraisial means Now
that is the second thing I've asked you for in writing in relation to the...
Mr. Plummer: And I've also requested from`. the Clerk all of the minutes'`
pertaining to the adoption of this Charter amendment so that I can read:''.
the statements asto what the different Commissioners understood.
Mr. Carollo: Mr.
Mayor, while we're waiting for that..
Mr. Plummer: Not today.
Mr. Carollo: I would like to ask thatwe defer this for another meetingthen.
so that maybe, hopefully we can get this clarified a little better.
Mayor Ferre: All right. That's a very wise suggestion. And the chair will
rulethat this matter is deferred until the ..George, will the 28th be too
soon?
Mr. Knox: No, sir.
Mayor Ferre: In the meantime,:: Mr. Grimm, I think it is the consensus
of this Commission that, as I"read it, isthatwe get better documentation
than this letter of William Hough. So, do you need:a motion to that effect?
Mr. Grimm: No, sir.
Mayor Ferre:
I'm not talking about the pr4r.e of the land, and I'll`
FEB 12198U
Mayor Ferre (continued): tell you why. I'll make a motion to that effect
right now so that there is no confusion on it. I move you, ir, that
when we talk about appraisals, we're not talking about the price Of land
.but rather the conditions of the management agreement,' per seas
compared'to other similar management agreements throughout., the United
States. I so move.
Mr. Lacasa: There is a motion. Any second?
Father Gibson: I second.
Mr. Lacasa:.. There is a motion and a second, Discussion?
call the roll.
Hearing
The following resolution was introduced by Mayor Maurice
who moved its adoption:
MOTION`NO. 80-96
none,
Ferre,
A"MOTION AUTHORIZING AND DIRECTING THE CITYiMANAGER
TO SOLICIT APPRAISALS ON THE DINNER KEY MARINA BASED
`UPON COMPARISONS OF THE PROPOSED MANAGEMENT AGREEMENT
WITH OTHER MANAGEMENT AGREEMENTS FOR SIMILAR
FACILITIES THROUGHOUT THE UNITED STATES TO DETERMINE
TF THE TERMS OF THE PROPOSED AGREEMENT ARE REASONABLE
AND REPRESENT A FAIR RETURN TO THE CITY
Upon_ being seconded by Commissioner Gibson,; the_ motion was passed`
and adopted by the following vote:
AYES:
NOES:
ABSENT:
None
Mayor Maurice A.. Ferre;
Commissioner (Rev.);;, Theodore>R. Gibson
Commissioner 'Joe:Carollo
Vice -Mayor Armando` Lacasa
'Commissioner J. L. Plummer, Jr.
ONTHE, ROLL CALL:
Mayor Ferre: All right. Now this is all subject for further discussion
in the future after you've come back with your legal definition, Mr. Knox,
and definition of what appraisal means, etc. Okay? And we'll put that
on the agenda on the 28th.
• if
i
28.
`flote-•'�t',.'567,.' v.lirtu:.iwtM + d ;' ui� w. aN;.; � w,tl.-:" 7dS :{: r f,tY.
DEFE^RAL OF COIISIDERATION OF PROPOSED AGP-EEME272 BET 1EETA THE CITY
AA•ID MEDIA DEPARTt1E1 T II, ItIC. , ETC.
Mayor Ferre: We're now on item number twenty, I guess, which is
authorizing the Manager to execute an agreement between the City and
Media Department II. Mr. Castano. J. L., this is the question that
you brought up this morning.
Mr. Plummer: Which one, Mr. Mayor?
Mr. Plummer: Twenty? Yeah. Mr. Mayor, my concern here is, this is for
dollars.` And the 'tradition„that,,Aas .always been followed -within this._
Commission is that a committee was formed to screen these `different
companies. How much is being discussed here? How many dollars?
87
FEB 121980
ist
•• • •
• • • • - Mr - Castano:- For the .•remainder or :thitiyear, ,:Commissioner, •, .itwill .be
• approXimately,•thirty.thousand..dollars•andfor the end of the contract it
•. 'will.2be.'aPPrOximately: One hundred and fifty total. _,NoW, 'there was a.
comitt.ee...
Mayor Ferre: Didn't we go through,this before, once?
mr. Plunimer: No, No, we did but that's what I'm saying. We did in the
past, and I'm questioning why we're not doing it with this kind of money
Mr Castano Well, Mr Commissioner,•,the budgetis of course, approved
'••by you -on a].ineitem._•• • . • . • r • • ,, ,•,., .
•• • ' '.• -.; •. •
. . . f • .,• ••.f. • •.••
Sure.•,- ,..• ..•-• .
•
- • - •Mr CaStario The agency was selected • through a committee .We: have ',a copy •
• • , of, the memo, •"•I • don -' t-'knot../ • if you ••-recel.ved committee was
•.-.,.- • ,-, • •,
• • • ....
FrwmcR
Mr. Plurruner: Who was on the committee?
Mr. castano : All right. Bill Dowes who is a vice-president for
promotion in Eastern Airlines, Randy Hernandez who is a director,. international
[. market development, Jordan Marsh, Mr. Tony Crapp who is divisionhd
head for commercial services in our department, and. our division.ea
for marketing and promotion Gloria Marina. Now this committee selected.
.
six firms from final presentations, and three firms were selected. in the
order of Media Department II, New Yorkers Anonymous and Sam Cri.spin
I• and Associates and they are the ones that are being recommended t.o you. Now,
f' whoever gets selected as the agency of record will present to this
Commission a media plan. Now that rne.dia plan will be either approved or
disapproved by this Commissi°11* If it's approved then each advertising that
is placed above forty-five hundred dollars comes to the Commission for
approval.So you'll have...
Mr. Plummer That's not the point, sir.. The point is that this Commission
has always reserved unto itself that right to her either the three
finalists, or the six finalists before this Commission. And the
Commission in its wisdom would make the decision. Once again, in my
estisnation, the Commission is being Preempted from that which it was
r. elected to do. You know, the firm you might select, I don't anything about
them. Whether they are local or not local. They might be the finest firm
in the world but I think this Commission hasthin
night to know when you're
spending one hundred and fifty thousanddollars tax payers money, who
were the ones that didn't make it- That's the way / feel:about it, Mr* Mayor.
We've always followed that in the past.
Mayor Ferre Okay. What do you want to do? See, the selection process
was, they came down to Media Department II, New Yorkers Anonymous and
Samuel Crip and Associates. Now, what do you want to do?
Mr. Plurtmer: mr. Mayor, I would say that the final three firms make
presentations to this Commission for selection.
Mayor Ferre: All right. Do you have any problems with that? Does the
administration have any opposition to that? Ali right, then schedule
d
it to the next meeting. So at this point, we don't neeto do twenty,
right? So there is a motion by Plummer, seconded byGibson to defer item
twenty 1 • the 28th of February. Is that correct?.
Mr. Plummer: At which time the three finalistswill makepresentations
before this COMMiSSiOn supplying written material five days in advance.
Mayor Ferre: All right. Call the roll. •
•
ist
FEB 1 2 1980
The following motion was introduced by Comrnissioner Pltunmer, who moved
its adoption:
MOTION NO. 80-97
• A MOTION DEFERRING CONSIDERATION OF A PROPOSED AGREE-
MENT BETWEEN THE CITY AND MEDIA DEPARTMENT II, • INC.,
TO FEBRUARY 28, 1980; AT WHICH TIME THE 3 FINALISTS
WILL MAKE PRESENTATIONS TO THE CITY COMMISSION AND •
FURTHER REQUESTING THAT PRINTED MATERIALS BE
FURNISHED FOR THE COMMISSION'S INSPECTION AT LEAST
5 DAYS IN ADVANCE OF THE COMMISSION MEETING •
,Upon being seconded by Commissioner Gibson, the motion 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
• viVoti*'•.. •
. m
ISSUANCE OF DEVELOPMENT OnDER FOR NASEER CENTER SUBJECT TO
•pt
•
4 29. ESTAELISH APRIL 24, 1980 AS DATE FOR PUBLIC MARING CONCERNING
CERTAIN PROV I S IOUS
Mayor Ferre: Okay, take up item twenty-two. Is that a problem with
anybody?
Mr. Plummer: Mr. Mayor, I've got a problem with that particular parcel
of property.
Mayor Ferre: Tell me what your problem is.
Mr. Plummer I don't have anybody my problem is I don't have anybody here
whose lived with this piece of property for any length of time. These
people do not come into this Commission with clean hands. I'm assuming
that piece of property is zoned for what they are proposing. Is that
correct, •Mr. Grimm?
McManus is here, Conunissioner Plummer, and he can answer that
question better than I can. He nodded his head yes.
Mr Pluxnmer All right Now, what that means in effect, is that the
on y control that this Commission is going to have over that develoPtnentt
as I understand it, is whether or not they get this publi.c hearing process.
Now, Vince, you were around and so was I, when this piece of property
was for so many years with that model on
the piece of property During
the Ilixon years it was not...we told them time, and time,
e and time again
to remove it. They said; no, that's being used bySecretService for
Nixon, they can't remove it. Now, I personallyand
ndI think the rest of
this Commi.ssion should know, what about parking? Today that is a parking
lot. Parking in that area is critical. It's going to be more critical.
What is being provided in parking? You know, I think that this Commission
must knowthose things before we schedule an impact study.
Mr. Grimm:. Commissioner, you have not eliminated any City requi.rement by
virtue of scheduling a public hearing. •
Mr. Plummer: I understand.. But .once...if we approve this today, without
knowing any of the plans, without seeing anlithing before this Commission,
89
FEB 12 1980
Mr. Plummer (continued): we have given up one portion of control. '°If
we don't approve this, they can't move. Correct?
Mr. Grimm: That's correct.
Mr. Plummer: All right. I would feel a lot better seeing the proposal,
seeing what's going on the property, and what they are going to do with it,
what is the parking, what is the traffic pattern, you know, right along
side of this piece of property is going to be probably one of the best
momentum of traffic jams ever developed. Seven thousand people coming
off of Claughton Island are going to go on the street righton the North
side of this property.
Mr. Grimm: Might I suggest then, Commissioner, that you approve this.
All this does is establish a hearing date which is a legal requirement
of,.sixty 'days in advance, and then tell us to have them appear at a
subsequent Commission meeting before that time to present the plans that
you are concerned about.
Mr. Plummer: Well, I'm concerned about the total plan.
Mr. Grimm: Well, that's exactly what I'm talking about.
Mr. Plummer: All right. ' Fine.. I'll make a 'motion that this be approved.•
subject to their supplying to this Commission their total plan and stand
for,scruitny before this Commission prior to: the meeting of the 18th of
March., That gives them over a month.
Mr. Grimm: .Would you like.to+suggest the .second meeting in March, and that
way in case there is something you want changed you have an opportunity for
them to come back at the„<10th before the 27th?
Mr. Plummer: My only fear there Vince is their so close to:their hearing
date it would behard to cancel. Hey, please- I'm not trying to ,do these
people in but this comes with a bad taste inmy mouth from history.
Mr. Grimm: When do you want them to appear?
Mr. Plummer: Fine. The next Commission meeting on the 18th,
know what they are doing.
Mr. Grimm: On the 28th?
Mr.: Plummer: The 28th is fine.
of the conditions `there `applied.
:
Mayor Ferre: All right.
it be deferred?
want to
. Mayor, I move that with the subjec
ow you're moving ,that it,be approved or that
Mr. Plummer: No, sir. That it be approved subject to,.the 'developer
supplyingto this Commission,. and appearing before this Commission, outlining
anything and everything he contemplates doing on that piece of property.
Mayor Ferre:
Mr. Carollo:
All: right. Is 'there
Second.
second.to that motion?,
Mayor Ferre: Seconded by Commissioner Carollo. Further discussion? Ca11
the roll on twenty-two.
The following; resolution was,. introduced by Commissioner Plummer, who,
moved its adoption:
90
CONTINUED ON NEXTPAGE)
FEB 1219B0
ist
RESOLUTION NO. 80-98
A RESOLUTION ESTABLISHING APRIL 24, 1980, AT A DESIGNATED
TIME AND PLACE, AS THE DATE FOR A PUBLIC HEARING
CONCERNING ISSUANCE OF A DEVELOPMENT ORDER FOR MASHER
CENTER, A DEVELOPMENT OF REGIONAL IMPACT, LOCATED AT
BRICKELL AVENUE AND S. E. 8TH STREET
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Carollo, the resolutiori was
passed and adopted by the following vote:
AYES:.
NOES: None
Commissioner,,J. L.:Plummer,' J
,Vice-Mayor Armando Lacasa,
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Mayor Maurice A. Ferre
-n
30.
A
iP,S 'i '444 9'!;t 4:41kr ei: iventtrrtiV:.' {. ki }5:.v *aoe�rri OSL'G c+4..*4 pY1•'4+s!4,+,4• ;.
EXECUTE AGREEMENT BETWEEN LITTLE I:AVANA DEVELOPMENT AUTHORITY
AND THE CITY OF MIAMI FOR THE PROFESSIONAL SERVICES OF SAID
AUTHORITY FOR DEVELOPMENT OF LATIN QUARTER, ETC.
Mayor Ferre: Is there any problem with twenty-three?
Mr. Lacasa: Move.
Mayor Ferre: Moved by...
Mr. Plummer: I have a question, Maurice.
Mayor Ferre: Wait a minute. Lets see if there is
to second it? Anybody want to second twenty-three
Mai.. Carollo: Second.
Mayor Ferre: Second: All right.:
a second? Do you want
ow under discussion go ahead.
Mr. Plummer: My question is, would this seventy-five thousand dollars be
applied to the site of 5th Street. Is that what it.'s"for?
Mr. Grimm: No, sir.
Economic Authority.
Mr. Plummer
Mr.
Mr.
Grimm':- Yes.:
That's for the administration of the Little Havana
says, in carrying out the Latin Quarter Program.;
Plummer: Where is the Latin
Quarter proposed?
The 5th Street location'
Mayor Ferre:.That's''the,one we got two -million dollars from the Federal`
Government on. .;.It:goes 'from 7th Street one block Southof8th, to:; one'-'
block North of Flagler. And it goes, I think froml7th';to27th..`Is
that'.' right? Not that' far?
Mr.
Plummer: This is not the piece that was moved from the river to 5th'Street?
Mayor Ferre: No, no,
Mr.
no.
Plummer: I have no further question.
.91 FEB121980
ist
Mayor' Ferre: Further discussion on this? Where's that seventy-five`
thousand coming from? C.D.?
Mr. Grimm:°
CD funds.
Mayor Ferre: And the administration. .Dena you...what
your hand about? Is that part of the CD Program? It's
grant.
are you shaking
a special`
(INAUDIBLE COMMENT FROM THE AUDIENCE)
Mayor Ferre: Oh, it comes from within the grant. Well then it isn't
a CD grant.`. It's an EDA. It's part, of the...I beg your pardon. I understand
now. Call the roll.
Mr.
Plummer:
as everybody got their act together now
Mayor Ferre: Yeah. We got two million dollars from: the Department
of Commerce EDA. And what•we are doing is we're taking seventy-five;'.
thousand dollars of that and that's;. going; into the administration.
That was part of the grant as it was approved by the: Department of
Commerce. Is that right? Okay, I. got it. Ca11 the roll.
The following resolution was introduced by Commissioner Lacasa, who'
moved its adoption:
RESOLUTION NO.;.80-99
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE;
THE ATTACHED AGREEMENT BETWEEN LITTLE HAVANA
DEVELOPMENT AUTHORITY AND THE CITY OF MIAMI:FOR THE
PROFESSIONAL SERVICES OF SAID AUTHORITY IN -THE.'
DEVELOPMENT OF LATIN QUARTER IN' THE CITY OF MIAMI'IN`
ACCORDANCE WITH THE TERMS AND'CONDITIONS'AS SET: FORTH
THEREIN
(Here follows body of resolution, omitted here and on::
file in the Office of the City, Clerk).
Upon being.. seconded by Commissioner:Carollo,. the resolution was
passed and adopted by the following vote:
AYES:
NOES:
None
ON THE ROLL CALL:
Vice -Mayor Armando Lacasa
Cominissiorier (Rev.). Theodore R. Gibson
Commissioner Jos Carollo-
*Commissioner J. L. Plummer' , Jr.
Mayor Maurice A. Ferre
*Mr. Plummer: Assuming that staff now knows what they're doing, yes.
1
tr
.4 .+ ..4LtAR iit+e3stft R4.;.
31. APPOINT PATRICIA KOLS::I TO THE ENVIORNMEMTAL PRESERVl.TION BOARD
+p
Mayor Ferre: Is
Mr. Plummer: Mr.
I saw you walk in
there a motion on item twenty-four?
McManus, don't you•have a chart on twenty-four? You don't?
with a chart. Is that...oh, I'm sorry.
Mr. Lacasa: On item twenty-four, I move that Pat Kolski be appointed....
.e2
FEB 121980
Mr. Carollo: I''second that. motion.
.1iyor Ferre: Is there a second?
Mr. Lacasa:" To the Enviornmental Preservation Review Board.
Mayor
Ferre: Is there a second?
Mr. Carollo
Second.
Mayor. Ferree. All right. Further discussion? Are there any other,
-ar..3idates that anybody wants to nominate to the Enviornmental.Review.
Board? Any other candidates? '
Mr. Plummer: Where is the list?
Where are the names?.
Anybody have a list of whose up?
Mayor Ferre: You received a memorandum in, your off•ice...
Mr Plummer Okay Yeah,'that was on thessneaky-peat.
Douglas Lyons, Leland: Taylor,,Dominio Labella and Patrick' Olson.
Mayor Ferre: Are there further nominations? All right, are there
further nominees? All right, if not...
Father Gibson: (INAUDIBLE -COMMENT)
Mr. Plummer: No, no,.Father, they have nothing" to. do with this
Douglas Lyons, .Leland,Taylor ,Dominic Labella, and.Patricia Kolski
are the ones whoa are up for consideration.
Mayor Ferre: There is a motion for Pat Kolski.and a second 1
other nominees. Call the roll please on filling that vacancy.
re there
The following resolution was introduced by Commissioner Lacasa, who
moved its adoption:
RESOLUTION NO. 80-100
A RESOLUTION APPOINTING PATRICIA KOLSKI AS;MEMBER-:`:
AT -LARGE OF THE ENVIORNMENTAL PRESERVATION REVIEW
BOARD
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk).
Upon being seconded by Commissioner:Carollo,
passed and adopted by the following vote:
AYES:
NOES:.
None
ON THE ROLL CALL:
Mr. Plummer:
Mayor
Ferre:
Mr. Plummer:
Mayor Ferre:
Mr., Plummer.
ist
the resolution was
Vice -Mayor Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
*Commissioner.J LPlummer, Jr.
*Mayor Maurice A-. Ferre
Where's
Pat. What alternative do I.°have ?.:`Yes.
_.
There are always alternatives.
No,. there is only', one name.
Well, you
could have:proffered another name.'
wouldn't dare.
FEB 121980
WHEREUPON.: the., City Commission took a brief recess
at `4:45 P.M., reconvening at 5 00"P.M.'with'all
members of the City Commission found to be be present.
1.4
•
32. ACCEPT SUM OF $631.29 FROM PAYMENT OF CAMPAIGN CONTRIBUTIONS
7 TO COMMISSIONER J. L. PLUMMER'S CAMPAIGN - DIRECTING CITY
.:a
MANAGER TO ALLOCATE SUCH FUNDS TO "BURN UNIT" AT JACKSON MEMORIAL.
Mr. Plummer: Mr. Mayor, I have a pocket item. (Commissioner Plummer proceeds
to read into the record the title of a prepared Resolution) I would like to
move this, Mr. Mayor.
Mr. Lacasa: Second the motion.
Mayor Ferre: Moved by Plummer, second by Lacasa,
roll.
urther discussion,
call the
The following resolution was :introduced by Commissioner Plummer, .who moved"
its adoption:
RESOLUTION NO. 80-101
A RESOLUTION AUTHORIZING THE CITY MANAGER AND THE DIRECTOR.
OF FINANCE TO ACCEPT THE SUM OF $631.29 AS AND FOR THE PAY-
MENT OF SURPLUS CAMPAIGN CONTRIBUTIONS FROM COMMISSIONER, .
J. L. PLUMMER; FURTHER REQUESTING THE CITY MANAGER TO'ALLO7
CATE SAID SUM AS SOON AS PRACTICABLE FOR THE PURPOSE'OF
MAINTAINING THE, BURN UNIT AT JACKSON MEMORIAL HOSPITAL,
TO; RELIEVE THE PAINFUL CONDITION OF.BURN VICTIMS,, INCLUDING
'CITY EMPLOYEES AND CITY. OF MIAMI FIREFIGHTERS.
(Here follows body of resolution, omitted here and.on file
in the: Office.. of`the.City"Clerk.)
Upon being seconded by Commissioner Lacasa,
adopted by the following vote
AYES:
NOES:
ABSENT::;.
Coinxnissioner J. L. Plutnmer, Jr.
Commissioner (Rev.) Theodore,R. Gibson;
Commissioner Joe Carollo
Vice Mayor Armando Lacasa
Mayor Maurice A. Ferre.
None.
None.
the resolution was passed and
Mayor,Ferre I also would like to. request that the Administration bring Mr.
Lew Price and all of the members that served diligently for many years the'
City'of Miaxni in the Publicity Department to receive a Plaque and a.commenda
tion for their many>years of service and are;now with Metropolitan Dade'County.
I think.it is totally fitting that werecognize those people.
FEB 121980
fir
33. PUBLIC HEARING: Continuation of citizens' input regarding
CITY OF MIAMI 6TH YEAR COMMUNITY DEVELOPMENT PROGRAM.
•
1'
Mayor Ferre: We are now in the Public Hearing and we have heard from all of the
C.D. Chairmen before and I'm not going to recognize any of the C.D. Chairmen to
speak on anything other than new items. Anything new I will recognize you, if
you've, said it before you don't need to repeat it again. All right, now, Dena
Spillman.
Ms. Dena Spillman: Mayor, members of the Commission, as you recall we held our
first Public Hearing on this item on January 24. The Chairman from all the
Community Development target areas spoke and representatives from all the
neighborhoods were given an opportunity to speak at the same time.
Now, you instructed us at that time to do two things, one was to set
a joint meeting with the County Commission` on the whole issue of social service
funding. As you recall the County is withdrawing their funding in the City,
Commissioners Plummer and Carollo were selected to be on this Committee. Com-
missioner Carey and Oliver, from the County, were selected. Due to scheduling
problems, the meeting could not be held before the County Commission' public
hearing which was held last week, on February 5th. Now, I'd like to inform you
at this time that the County Commission went aheadand approved their applica-
tion as it was without having net with. the City, sotheir application right
now calls for 50% funding of social service programs The second thing you
instructed us to do was to comeback to you with a Report on the items that
have been brought up by the community." You have the, Report in your Commission
packet. I'd like to add two more things at this point, the first Public Hearing,
the Overtown Community Development Advisory Board stated that they were not
prepared to comment on the Plan. As a result of that we've had two meeting
with. them.` One was held late yesterday afternoon and we do have recomjnenda-
tions for you on Overtown as a result of that meeting ". Also, the Model Cities'
Board requested that we hold a meeting. We did meet -with, them last week in
an attempt to resolve our differences. Finally, all community; development"
Chairmen, all Board members, have been advised of this meeting, and all Chairmefl
have been advised of our, recommendations.'
Mr. Plummer: Mr. Mayor,;I would have•to...what is this?
Ms. Spillman: What Angela is giving you now is the results of the Overtown
meeting which was held last night and the other thing is just a synopsisof
the budget which you were given at the last ?ublic Hearing, it's the same thing
that you have in yourbig notebook, we thought we'd make it easier for you.
Mr. Plummer: Mr. Mayor, the comments of Dena, I want for the record to reflect
our somewhat a little bit different version on my part. There obviously was a
problem with scheduling. As"You are well aware, there were other problems
which I' felt was affront' to the two Commissioners -who were selected to serve
and as such, you were informed by myself that I resigned from that committee
because of the problems that had been incurred. So it wasn't just a matter
of a scheduling problem, that was one of the phases, but there were many other
problems because of which 1 then opted to resign from that Committee.
Mayor Ferre: Let me for the record just say to the members of the Commission,
that Metropolitan Dade County arbitrarily, unilaterally and on their own went
ahead and did this without any consultation with the City of Miami. I want to
state for the record beginning this second Public Hearing that my vote will be
right down the line for the Administration 's recommendation without one single
exception and 1'm saying it up -front.
Mr. Plummer: Well, Mr. Mayor, not that`I agree with youbut if there are two
other here that feel that waysame
meryeandnso esswhputeverybodythrough
express,
the trouble of a couple one,as you have, announce up
front that I am in disagreement with the Administration's recommendations and
will not vote for it down the line. I would;' hope the rest of the Commission
would express themselves and, like'I say, out of a matter of courtesy and. time,
95
FEB 121980
if two others express the desire as you do, let
iiayor.Ferre: You; see,;we've been through this so many times and if we start
opening ths thing up it's going to Pandora's box. I know that the County was
funding social services. I might remind you, Mr. Plummer, that it.was you,;; six
years ago,. that' made a long and impassioned speech about not getting`the'City.
involved in Social Service.
Mr. Plummer: Very true in relation to Federal Revenue Sharing
question....but we are there.
Programs, n
Mayor Ferre: We are there, that's right. And at that time, I disagreed with`.
you and: I'mnot so sure...perhaps youare right, I don't know, I still haven't
come to that conclusion, but the point is that I'm not: going to...this is such
a.complicated matter that Ithink that . we've got to be extremely careful, and
if we start getting into this we are going to get into Pandora's box and I'm
not going to get into the hassle between ....Coconut Grove .:says .that :it's not
getting enough. The Administration says that on a per capita basis Coconut.'
Grove is getting more than it should. Allapattah says that it's not getting.
enough.
Mr. Plummer:.
them saying that they are getting enough?
Mayor Ferrer Well, but the point of it is that on a per capita basis Allapattah
is not getting anywhere near in proportion to what other sections are getting.
Now, the Administration.is saying that Allapattah .that that will be: taken care
of in the next year. If we start taking care of that,and start getting-.
Allapattah $50,000.now then I.think you are: .going to open up Pandora's box<.and'
I think, as Father said this morning about these Boards, , I Want, itto go "'across..
Coconut Grove is.:not:going to behappy because I'm not going to vote to replace'_
the County's money for social services', Allapattah is`not going 'to, be happy but
Allapattah is going to get theirs next year;. and that's the way I-think;it"will
work out and Edison Little River is not "going to .be happy...I'm sorry.
(INAUDIBLE BACKGROUND STATEMENT MADE OUTSIDE OF THE PUBLIC RECORD)
Mayor Ferre: Oh,..Edison Little River is happy.' You are happy;: with the Ad
ministration, okay. So, as far as I'm concerned is what you have before you
as revised on 2/12/80, is that correct, Dena?
Ms. Spillman: Commissioner., what you` asked ,usfor' was 'a, Report `to,,you based.
on the last .public hearing. You',ve got that in your Commission package All
we've 'done is. to 'simplify things : is put it in this, format so you can 'easily
see.
Mayor Ferre This is what We, decided last:_; time "around,..notdecided, but this
is the way it was going last time around, ".And as faras I'm concerned, the
grand;.total is $11,237,600:and that"means$553,575 for- Allapattah; Coconut
Grove,:gets $643,325,-Downtown $582,640, Edison -Little, River-$1,150,000, Little
Havana $1,060,0012; Model City $827',175, 0vertown $718,402,,Wynwood $579,380,
Citywide$2,463000,'Other.Projects;$2,798,491,.for a" total' of $11,376,000,
and I_'m' ready "to vote' on, that just as presented.
Rev. Gibson: Mr. Mayor, I..want'to raise a question., Last time we were talk-
ing a boUt $100,000of C.D. that went to Coconut Grove' that, you had given us;'.
in the Grove and"then,`this year, you took it.from us :.
(INAUDIBLE BACKGROUND STATEMENT OFF THE PUBLIC RECORD)
Rev. Gibson: Ali? No,,no...okay. I understand how difficult it is to satisfy
all' of the people. I said :last year, if 'it was difficult,we ought to go along
with what it was. It didn't work, we started,:chipping away so we ended up in
what we did. :The:$100,000 that Coconut.•Grove'had for. housing,, that was not
spent, is not before to the people., The people are the ones who make that de-
cison. Where :is the Mayor, because `I need that vote...and I want to make sure
everybody.' is on::record and'I don't want.you 'to`hold.it against me when it comes
otherwise. „You think you could -hear me? I would...we'll:.vote after he comes.
96
FEB 121980
If you have tomove that $100,000,;I want you to move it out of C.D. money but
I want.$100,000 out of your bond money for housing, and I want 'designated,
tagged', and -Idon't want -You to hold it: against Coconut Grove's portion. I
think ,that's fair. Now, let me tell you why .I think this "is, important:`
Ordinarily, I would says -okay, go take $100,000. You have one of the most.
difficult, peculiar situations on your ::City ;'line, CoralGable line, on`No..1
Highway: I call to the attention of this Commission that when the line for
Rapid ;Transit; goes through, you will come within 15 feet of that housing
complex. I. want you all to understand and hear this because, you,: know, this.
is iinp�rtant...you are going to get burned and burned to hell if you don't listen
to me. .What what -I'm telling you. Itold Dena this...if that line, and it
isn't a question if Rapid Transit is coming....it's coming! Rapid Transit
will be within, blocks of that housing complex, the line will go within 15 feet
of the:building. You appointed a Committee from here to work with a Committee
vith the CoralGables;Commission and from Metro. I tell you right now, for
the record, Coral Gables has no intentions of dealing with the problem, that
is, zoningwise. Coral Gables says, -look, our zoning -and this is the way the
law is- you can't..Metropolitan Dade County can't make' you change your zoning
law nor can you make..they make Coral Gables -change theirs. Coral Gables says
I recognize the problem, the problem is there, I'm not going to do..they didn't
say I'.m not going to do but I've been in politics long enough that I know all
you have to do is, shuffle me around. And that's _anotherway of telling me,
no, hell no:` Okay? We met,;: we, are no_ -:further. than we.were:before. The problem
is there.,,If 'you;don't make it possible for .that :Station to be successful.
Mass Transit>in this c�mmunity, which affects the°entire County, will fail.
One Stations fails,. all the stations.fail because each station will not be
putting out its fair share to the' system. Iwill not object provided you give
my $100,000:;;out of housing money, blame the staff that didn't spend the money,.
that's all"we want, and I:think'that's fair and reasonable.. Now, you could do
with C.D. money certain things and if you are going.to give me housing with
C.D. money, you -know, andI; have bond money, you give me my housing with the.
bond money.` Dena, am I making sense?
Ms. Spillman: Yes,,I think it's a very good suggestion.
Rev. Gibson:, All right. Now, Mr. Mayor, let me say to you, brother, Plummer,
brotherLacasa, and' brother ''Carollo,-L want that motion made and a direction'
given now -:and you': will-stop'my mouth.
Ms. Spillman: What .Father is suggesting, and if I may just explain it a
moment, is:this., Several months ago you, the Commission, approved the use of
Housing Bond funds for=$7,000,000 for land acquisition and that's the basis
on which we'got our,special allocation of 400 public housing units from the:
Feds. We are in the process right now of identifying land to be bought as
our match for that housing and what Father is suggesting, and I think it is
an excellent suggestion, is that we take $100,000 of that match that .we have
to do anyway and'put it in Coconut Grove.
Mayor Ferre:.
All right, Gibson moves
s there a second to that motion?'
Mr. Lacasa: Second.
Mayor Ferre: Further discussion, call the roll.
The following motion was introduced by Commissioner Gibson
its adoption:
who moved
MOTION NO. 80-102
A MOTION ALLOCATING $100,000 FROM HOUSING BOND MONIES
OBTAINED PURSUANT TO A H.U.D. GRANT TO BE USED FOR AC-
QUISITION OF LAND IN COCONUT.GROVE C.D. TARGET AREA.
Upon being ;seconded by Commissioner Lacasa, the motion was passed
adopted by the-followin gvote:
AYES:
mh
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Vice Mayor Armando Lacasa
Mayor Maurice A. Ferre
7
NOES: None.
ABSENT:None.
and
FEB 121980
Mayor Ferre: All right, are there anyfurther discussions? I think Plummer
made a valid recommendation and I. think we ought to hear from the rest.; of
the Commission at this point and if we don't have a consensus then we'll go
into the 'Public "Hearing which I'm sure will last two or three hours.
So, will Father, you and Joe and Armando express your opinion at thi
time, please.
Mr. Lacasa: As far as I'm concerned I am ready to go with the Administration.
Mayor Ferre: '.Father?
Rev. Gibson: Well, Mr. Mayor, I'm not opposed to the staff's recommendation.
These people are here, they want to heard, I think we should do them the courtesy
that doesn't mean`I am going to agree with them. I want to make sure everybody
understands that. .I just don't want you to say we didn't hear you, but I've`
always contended that the staff..you know, they add and we...you know, that's
the idea. of staff.
Mayor Ferre: Look, I think the point is this, ladies and gentlemen, we all know
what the issues are. We've' discussed them, we've pointed them out, we've all
discussed it`amongs the Administration and ourselves individually and I think
there are no secrets on this. As far as I understand, there are three people
who have expressed themselves, I don't know what Commissioner Carollo wants to
say into the record.
Mr. Carollo: I met with Ms._Spillman several times already and she has gotten:
pretty much in detail her recoimnendations and: why I should recommend what we
have before us here. Even thoughI have some reservations about some of the'
recommendations- shehas made, I think that she and her staff have the best
that they can and I think that the bottom line is that no matter what. we do'we
are not going to please -everybody here. So, with that, I would go along with
your motion".
Mayor Ferre:. All right,'then I. think that the expressions you've` heard here
is four. 'out of the. five have .expressed themselves as backing the Administra-
tion's. recommendations. Now, with that as a view, if somebody wants to be
heard..`:`.how;many of you want to'be'heard? All right, let's' start right off
and just come.up"to the microphone and inake your statements,: I',ll give you
Mr. Plummer: Mr. Mayor, may 1 out of courtesy, I' have twice announced today
that at 6:00 o'clock sharp I must leave, I don't :mean .;to be discourteous to
anyone but I must leave..
Mayor Ferre: You You know that
follow the Administration's
the votes so far expressed are four to one to
recommendations,' you:; have three minutes,; go ahead.
PUBLIC;SPEAKERS:
Mr. William"�Calhouait- yor, 1..speak.for.the Model�Cities"Advisory-Board.,
Mr Ma
My name` is."Willy Calhoun. We are :not -now ,and'have note disagreed;_ with ,staff
as far:asthe amount of the allocation,-the`only .thing,that'we"haveasked.is
that we,
,.as representatives of the people; be allowed'-to.tell them how ;to ap-
propriate what they are allowing us. And this is what we can't get, through.
The rsg tfwee �°
appropriate themoney thenei hborhoodthatcangettthebe�sthservices
from.it. And this is".what we can't get through, not an additionalrnoney..We
are receiving $827,000, we thank°you very much,, -we think that is_ -quite ample'
enough `for us to work with if we are allowed to appropriate, it properly;". which
staff cannot do. We have monies allocated..to"us`from`the 4th year"up to ,the.
6thyear., We have plans that will show them how�to successfully use;.it in our
neighborhood and this we can't get done because of the insensitivity of staff. '.
with our neighborhood=problems. We know what th'e•problems-`are.T•he."only thing
that we"need now is, for you;to,allow us to use the money appropriately"to.im-
plement.the ;solution to ,our problems.
Now, we ask be allowed to set up a Community, Development Program..' This
would_ in turn allow us to have people in our neighborhood that 'would.be sensi-,
tive to have -us plan the neighborhood, to get the economic thing going that"
neither the City,nor staff have been able to implement, so, we ask you to please
allow us to reappropriate our money in'the way that we see fit for, the -neighbor-
hood .that we are to advise you about. We are your• advisors at the.grassroot
levels align, so we are asking you to please listen to us and your neighbor-
hood .advisors, • and this. is what we are trying to do.
mh
98
F E B 121980
1
' We take time out night and day to get to the pulse of the people
to find out what they want done and this is what we aretelling you. We know
what the people in our neighborhood want, please allow us to do this. Thank you.
Mayor Ferre: Alright,
next speaker.
Ms. Lorraine Glispen: Lorraine Glispen from Little River. You are aware that
we havea, successful program ongoing an economic redevelopment involving a
multi -million dollar property values which will result in .it's completion in
an increased tax base whichis very vital to you.I think what I'm.saying'is.
very important Maurice. Can I have you attention for a Minute? I think it-'s
very important. toouu,:because it is only trough increasing your tax "base that"
you can off -set the inflationary spiral that's' torturing every last one of us.
(BACKGROUND COMMENT OFF` THE PUBLIC RECORD)
Ms. Glispen: You don't have, anything allocated for ongoing: programmatic office
expenses and things of.;that"sort-:and our economic :redevelopment We are not
in socialservices-in Little:River"and -there is -no -clear cut allocation for -the -
ongoing funding that the County is taking away from us and this year was the,
crucial year for us, because; we are in the middle of out reach for alternate
funding: which- will' make: us self-supporting. -If we don't ge.t'the missing part
cf our funding we.are out of business and,I don't think you can afford to have
us that; way in.our area 1'also must attack unfortunately,',the method which
you have set;; up to select the representation,on,the neighborhood advisory councils.
The.. h would strongly recommend that': aerial representation inside of each
target- area-be"made.so�thatzthe entire_area.:is.repres,ented._as it is now with
numerical count only, different'pockets can''become power structures and this is_`
destructive; to the over, all:council 'approach to area wide` problems and we have
struct it. 'I have a resolution to present:to`you.
- something_that T wil - ecognize you
because that's not before us at this time.
Ms. Rosalyn Sparks: My name is Rosalyn Sparks from the Coconut Grove Neighborhood
Strategy Area, whatever. We, are;; you, not asking for. anymore money that is not
our thing. Our thing is that if we have the privilege of .redistributing the
funds that we do have... We have soine programs that we think are pretty good and.
we would like to keep them; going and.I think that you. are aware that we are one
group that monitor our social service -:programs and: if, they don't work we get rid
of them and you had the privilege of helping us to get rid of one such program.
What we are asking is to withhold street improvements this year and instead of
taking a hundred, fifty thousand dollars for street and this was our last alternative
in our last tneeting, that if we couldn't get this and we couldn't get that and
couldn't get the other let us hold sstreet. improvements for this years and instead
of a hundred fifty thousand' dollars in street improvements we wanted fifty
thousand to continue our graphic arts'program which we think is good, eleven
thousand five hundred go to legal service which we came to you last year and
explained to you how we needed -this service to compliment some of the programs,
that we already have and thirty-four thousand 'dollars to the crime program to
match the thirty-four thousand dollars that. the County will give, if you give
us the thirty-four thousand dollars. Now, that is ninety-five thousand five
hundred dollars, that is all weare asking just to hold down the streets because
it is our feeling tnhave`the good -streets and don't do something with the crime
the good people will` be too scared to be out there in them anyway. So thank
you, very much.
on in the future,
Mr. Charles F. Johnson: Mr. Mayor; 'Commissioners and staff of the City of
Miami, my naine is Charles F. Johnson, Jr.'I work with Amerifirst Federal Savings
and Loan and act as the advisor for the Overtown Neighborhood Advisory Board
and serve at the pleasure of Bishop Johnson, the President. I would like to
.99
gl
FEB 121980
first commend you and your staff on the difficult task of allocating community
development funds which "I think is a pot that is too small and the problem is
trying to divide it up Iam also representing those people that take time
away from their jobs and their families in order to come before you and make
these recommendations and it is with that purpose that I read these into the
public; record. First of all, we are not asking for` any additional funds. We
are asking that the.... that in regards to the hundred eleven thousand dollars...
hundred eleven thousand three hundred fifty-two dollars be identified' for
split for a community based
organization and for a -loan fund. Further information, again is desired
before a community based organization or a loan fund'. be established. 'My
economic development, but these funds not be
understanding is that your staff is going to provide that information as
soon as possible. 2) It is recommended that the one hundred seventy-five
thousand dollars now identified for a six year land acquisition be used.mw
instead for job training and development program for Overtown in the sixth =
year. The`thrust,of the community at this point is to indicate to you that
this is an area which has the highest unemployment rate in all of Dade
County and that this Board is advising you that this matter ought be addressed.
It is further understood in consultation with your staff on yesterday that,
mechanisms, will be provided in order to carry out the wishes of that Board
to develop a sound skills training program. 3) It was recommended by the
Neighborhood' Advisory Board that future program income from the sale of
community development acquired land in the Overtown area, that the monies
that are received from that be returned to the Overtown Community for additional
job training and development. It is my understanding that your staff.
indicates a final recommendation on the eligible uses of program income
would be premature at this time. However, when land is acquired and appraised
for reuse the disposition of program income would be a timely topic. Now,'
I would like to indicate to the City Commissioners that the concept of .this'.
recommendation is that since community development funds which are targeted
for use in that area are being utilized to acquire property and that, that
property is then sold to developers for redevelopment. The thrust of this is
to say tag that inoneyto be reused for the further economic development within
that area. It is my understanding that your staff agrees with this and will
assist us in the full array of programs wherein this function is eligible.
Just for the record, I"think there is'a full agreement on that:
Mr. Johnson: Thank you, very much, sir. .I think, Mr. Mayor... you' heard the
views. of the audience. They are recommending' that you move to'adopt"these
so that we have a public record straight.
Mayor Ferre: Yes,, we will do ,that after the public hearing.
Mr. Johnson:
Ms. Mercedes Campano: I am Mercedes Campano from the CatholicService Bureau.
We are an agency that has been existing therefor several years. If we
don't get the, funding that we are requesting from "the City. of Miami, we..will
be..forcedmaybe to close ,our 'doors."I am'.surprised;by the recommendation of
the Administration just not to approve any of the programs -that has been''"
requesting"funding. Instead of ,doing that based on the performance; of
every one of the social service agencies,I.think:that would'be"much more
fair really to do The agency that has been doing a good jobor an excellent
job, I think that has to:be.taken .into consideration and.`' that reach in the ..
majority of the people. And one thing that I 'would like to tell the Mayor,
and.; the;, Commissioners now, it is thatbetween the program in the County and,
the :;;City I feel that in talking in behalf of the residents, of the area that
we feel like really a neglected child because of the. Father doesn't pay.;'
attention'. to the child;,"then the Mother doesn't want to do it and who is
helping the residents of the area. That's all. 'Thank you.
Ms. Betty J. Graham: Mr. Mayor, I'm Betty J. Graham,. Chairperson: of, the
Edison Little` River Advisory' Board. Today I stand before you to present a
letter.that.was addressed to me from the Buena_ Vista`Neighborhood'Association.
It'swritten to Betty Graham, Chairperson Of the Edison .Little River Community
Development, Advisory Board. ';It:says "Please distribute: this. document to the
City of Miami Commission: regarding; public hearing on the Community Development
Block Grant application. Citizens participartion of the Great Neighborhood
Program under the direction of the City of Miami Department of Community
Development has been a failure in the Buena Vista neighborhood which is the
r00 F E B 121980
gl
rPi.ghborhood strategy area of the Edison Little River Target Area. Community
Pevelopment and the Planning Department have manipulated the residents and
Board members into accepting and endorsing preconceived recommendations.
Residents are discouraged by senior and middle management staff in participating
ing the development of the neighborhood programs. The Buena Vista Neighborhood
Association was organized in 1978. Over three hundred residents were
attending the general memership meetings. Attendance has dwindled to less
than thirty. The reason for this decline in attendance can be attributed
directly to the Community Development Senior Staff. This senior staff is
composed predominantly of people that are insensitive and responsive to the
needs of the residents. In establishing the community block grant program
congress required that applicant cities and counties must provide opportunity
for citizens to participate. In order to receive a community development
grant the City or County must submit an application which provides satisfactory
assurance that prior to submission of its applications, it has prepared and
followed a written citizen participation plan, which provides citizens an
opportunity to participate in the development of the application. The
application that was made for our strategy area, we were never given the
opportunity to participate in the application at all. It was provided for
us and presented to us. Commissioners, you do not have the satisfactory
assurance. To submit an application for sixth year community block grant: funding
will definitely be in violation of community block grant guidelines. The
sixth year community development project recommendations for the Edison Little
River Target Area were not approved by the Advisory Board. The Board recommended
that the funds for new projects should come from funds other than sixth year
community block grant funds. The citywide local development corporation
currently being formulated was not recommended by any of the Advisory Board
to our knowledge. It is a ploy conceived by the City staff to prevent neglected.
Black neighborhoods from becoming self-reliant and less dependent "on`city;
government. Community Development Staff submitted the citywide, local development
corporation concept after receiving the Buena Vista Edison Local Development
Corporation proposal that was recommended for funding by the. Advisory Board.
The citywide LDC will utilize fifty thousand dollars from each target area
to provide staff and office space. The Buena Vista LDC proposal will not.
use moneyfor staff and office space until at which timethemonies" have been
leveraged. The citywide LDC will not benefit Black neighborhoods.. Its
emphasis will be placed on commercial revitalization and special interest:.
groups: Citizen's participation under community development has been. a failure
in the Buena Vista neighborhood. My specific request to you today is to reject
the sixth year community development project recommendations and assist in
rectifying these related problems. In the event these problems .are not
resolved by the City we will use our appeal rights under the guidelines in
requesting that HUD investigate this program and/or request that Dade County
administers" the program.
Mayor Ferre:
Ms. "Spillman: I think that Ms. Graham, has confused a" few' issues here.
have" :met with Edison Little River over 'the past six months. We, have. discussed
several projects with, them. "I think that their main dispute with u's is not
their street improvements and not their housing because 1 have always heard
them say that, that's what they wanted. What they asked'forwas that an:
LDC. be formed in that neighborhood and they didn't want the funds 'for "that
.
to come out of their own allocation. They wanted additional" funds°to come.'
out of. I don't" know "where. ` Andthat's the bone of contention
Mayor Ferre:
Ms. Annette Eisenberg: Annette Eisenberg, 1180 Northeast 86th Street.
in little River would be most grateful if you would give us one. million
one hundred thousand dollars. You would never hear us come and complain.
We only want to make one point 'here 'today. We were promised street
renovation on Northeast Ave.from 78th Street through to 85th Street. If
you'd come: into Little River and see the gorgeous beginning from 79th to
82nd and then it stops. Now, staff has committed themselves verbally, that
somehow they are going to find the money from 82nd to 85th, which is the
River. By; the same token we would like a commitment from the City. Also,
the. County will be coming through on 79th'Street and they are going to go
twenty-five feet into 79th Street going South and the City refuses because
of an exhorbetent cost which ,l,San -understand. Tne condition of the street
is .bad, it's going to take a lot of money`to do it, but that's not our
fault. If it was a poor engineering design years ago, Mr. Grimm, that's
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�O1
FEB 121980
"
rot our fault. And why then are we being penalized so that the entire area
cannot be done. We are asking for funds to do 78th to 79th where the County'
leaves off and then to continue 82nd Street North to the City line. And
we believe the staff. We know they are going to make every effort to
comply with their promises, but we want you to direct them,, not to forget.
Mayor Ferre: Ok.
Ms. Carolyn Wilder: Carolyn Wilder, Wynwood. Mr. Mayor,,I have a question
for you which is truly the only one. Three weeks ago the City of Miami was
approved a 2.4 million dollar funding which was to improve the area in
Wynwood, street improvement, housing rehabilitation and great neighborhood
land acquisition. Under that premise alone why then must three hundred
forty-fourthousand dollars of the allocation for. CD for Wynwood be
redesignated and come out of our CD funds? Is it not possible to take the
sum seventy-seven thousand dollars that Wynwood crime prevention asked for
and thirty-five thousand dollars that our Day Care asked for and nine thousand
dollars that our elderly program asked for and deduct it from that three
hundred :forty-four thousand dollars. We have... there is money. It was
ear marked. for Wynwood from HUD, why then do we have to take additional CD
funds for the very same purpose?
Ms. Spillman: But Carolyn, :I have no idea what you are talking about. What
funds are you speaking of?
Ms. Wilder: The City of Miami... the funding grant
HUD for land acquisition for Wynwood.
Ms. Spillman:
Wynwood.
Ms. Wilder:
2.4 million dollars from
There was no special grant from MID for land acquisition for
Andredevelopment and revitalization -of the Wynwood :area.
Ms. Spillman: No, you are... that's incorrect. All we have in, the City ..f
Miami for redevelopment project are community development funds which we are
discussing; here: today, there are no other funds.:
Ms. Wilder: No, no, I am not mixing the two. ..What I aril is that there
is funds that are going toward a land acquisition that are coming .from another
source. Why then..
Mayor Ferre:
Ms. Spillman:
What other source i
this?
don't knowwhat other source.
Ms. Wilder: Well, then I think you would have to explain to me what is
redevelopment of the Wynwood garment district.` In other words, that...
Ms. Spillman:
Ms. Wilder:
the Wynwood.
Oh, the garment district.
The garment district was at two million
0
the ;.
dollars that's going toward
Ms. Spillman: The garment district project is not a special grant from HUD,
it is part of the City 's CD;,program which ;was initiated last year and it's
been adopted by the di ty Commission and it's already... will'be adopted
by the County Commission next Week 'and .it'is not a Wynwood'`project. It is a
citywide project Carolyn.
(BACKGROUND COMMENT OFF THE- PUBLIC RECORD)';
Ms. Spillman: No, it did not...
Mayor Ferre: I: will' recognize;: you
n a' moment. Alright, next.
Ms. Mirta Velazquez: My name is Mirta Velazques. I am the director; of Holy;,Cross
Day Care Center,, which is a County funded ancy. Now, we` have: bn; cutback
fiftypercent,which you are already aware'geof. Now, I'm'concernee
ed.about the
CD...;what,the CD Board Task Force is their responsibilities. They are
suppose to. meet„once a month to,set community -priorities. Now,these
recommendations from this Board goes'to the staff and then;I noticed. that..
the only side that f recommendations. I don't know if;you -
see the Board recommendations to the -:staff. So -;you should` consider to look '
gl
402
FEB 121980
at that. Now, I have a few parents that comes from the Day Care Center and
they have even had to stop working today in order to show you the need for
the Day Care Center and in your hands or on your hands is to keep the mothers
from welfare. It's a right that our children have to have for the low income
families to provide free services. If you approve the agenda or recommendation
as it is you are denying these free services to our children.
Mayor Ferre: Let me ask you a question. The County voted to reduce it fifty
percent at the last County Commission meeting, were you there?
Ms. Velazquez: Yes.
Mayor Ferre: And did you make your presentation?
'As. Velazquez: Yes.
Mayor Ferre: Well, why wouldn't they fund it? They have a responsibility to
keep funding on these things.
Ms. Velazquez: Yes, at the beginning when Mr. Ernie Martin called all the
directors of these programs. He told us one year ago that we were going to
be funded by the City and if we had all our hopes i_n the City of Miami for
these programs to be funded.
Mayor Ferre: Yes it was. They told you that they was going to be a hundred
percent funded by the County? •
Ms. Velazquez: By the City. That fifty percent...
MFerre: Well, they have no right to speak for the City, just like we
donehave a right to speak for Fort Lauderdale, you know, or...
Ms. Velazquez: Yes, but they were planning to make like a blanket policy to
include all the programs.
Mayor Ferre: That's... it's a County program and you deal with the County
on it.
Ms. Velazquez: Right.
Mayor Ferre: And unfortunately, they decided to cut this thing in half, I m
sorry.
Ms. Velazquez: Yes, but I mean, the Wynwood community are more concerned about
people than about beautification of streets.
Mayor Ferre: Ok. Mr. Lopez*: •
Mr. Emilio Lopez: My name is Emilio Lopez, I'm the Chairman of the Wynwood
area. I am kind of really pissed of f--- and excuse my expression--- because
through many meetings that we had.... I came to... I went to the County
Commissioners, I came to you and we were promised by the County Fathers and
theCity Fathers that they were going to have a meeting to try to meet the
differences in which this thing is going on. Again, I say to you the buck
stops with you and I know you have made a decision and I accept your decision,
but I still say to you that here we are and the City of Ifiami is telling
us that they don't have enough money. Your staff is telling us that we don't
have enough money and the County is telling you that you received eleven million
dollars and the County have thirteen million dollars, that makes twenty-four
million dollars. Out of the twenty-four million dollars you... one of the
things that you have, you and the County both have is an option to be able
to deal with social services. The Wynwood area is a neglected area and we
come over here for you for revenue sharing. We are the last in the barrel.
We never receive enough. And I know you are going to tell me everybody is
asking you for money, I accept that. If you check community development,
it's the same thing happening. You are going to tell, well, you are going to
come over here and telling us that Coconut Grove need more and I accept that
too. But if you check, if you check what is happening in the street and what
the peopi.e are saying. There is two basic things that they saying, it is
there are some areas in this County who are receiving preferential services
for revenue sharing, community development or whatever you want to say and
that you put Boards like us to come and tell you what are the needs of the
community and the people are telling you, we need Day Care Centers, we need
4,03 FEB 1 2 1980
gl
Ms.
M
elderly programs, we need community crime prevention programs and here we
are. We come and spend hours and hours upon hours dealing with the
problem that are supposed to be from the grass root people. You heard some
people over here expressing that. We come to your staff and the staff is
beautiful, you know, I got no problem with that. We go through all the
process with them and when the time comes, we make recommendations that the
people from us and you are telling us... then they come to you and tell you
what they want in their programs. An example, we mentioned the garment
district. Many years ago... about two years ago they told us that they
were going to deal with the garment district. They said that we work with
them, they took their monies out of the Wynwood community development, a million
dollars. They say they were going to give us a vocational school, a lot of
things and when the time comes for the... the reality is that we always
get shafted. I know Coconut Grove have the same problem that we have when it
comes to the crime prevention program. I know Allapattah is going to have
the same problem. What I am going to tell the people in Allapattah and
Coconut Grove is that probably the staff is using... no, I am not talking about
this staff, but a true staff, they have not come up to the Commissioners
and created policy and what they are doing is divided and conquered. They don't
even want to know what is happening in your community, what is happening
in my community. They are telling you... this is why we feel that it's
going to happen and this is the only thing that you are going to get. Maybe
I'm challenging the people over here in community development, especially the
Chairperson to get together and really deal with your problems and what's
happening in your community, so we can come over here and tell these people
what is really happening. You know what the staff is telling them, because
as you sit there and you have heard from most of the people who spoke there
the two things that I mentioned. You are not receiving what the community
is asking you to do and there are some communities who are receiving
preferential treatment and by... to finish, I'm going to paraphrase what
Mr. Plummer said to me a few ago. He said "I resign". Over here he told
you one thing, but back there he told me something else. Will you allow
me to say what you said?
Mr. Plummer: I have nothing to hide.
Mr. Lopez: You don't have nothing to hide. He said to me "I resign because
I agree what you were saying the other... what the people are saying that,
let me say it the way you said it. You said "the people of the. staff is
not telling us what you are suppose be saying or something similar to that.
You say what you said.
Mr. Plummer:` Similar, yes, without an accent.
Mr. Lopez: In other words, what he said was that what he is getting from the
staff is not what we are telling theui that we need and that's basically what
is happening. By the way I' would like--- because they are here -- I would
like the children and the people and the parents of Wynwood to get up and the
students that came in for them to see those are the kids that are telling you
we need the Day Care. They are the kids who are telling you we need 'crime'
prevention and so you see them.
Mayor Ferrel Alright, are there any other public statements to be made at`.
this time? Alright, what's the will of this Commission? Aah, Ernie Fannotto.
Mr. Ernie Fannotto: Honorable Mayor and members of the Commission, Dena.'
Through the Chair Mayor, I'm going to':ask,:number one, how much money; is'
involved in: this; community relation program?
Spillman: Eleven point three million dollars for this, year.
. Fannotto: How many employees do you have Dena?
Ms. Spillman: I<have a hundred sixty people
funded';. by community development funds.
Mr. Fannotto: How many employees do
development approximately.
Ms. Spillman:
I: can't answer
n my staff. They are not all
you have that's funded by community
that question today.
Mr. Fannotto: You can answer that. You remember
asked you that last year
404
and you couldn't answer it. Now, I'm asking you this year and you can't
answer it...
Ms. Spillman:
I"will be happy
to provide that information for you.
Mr. Fannotto: I'm going to give you something you are going to have to
answer sooner or later. How many Italian people do you have employed in your
program? And 1'm going to tell you how many. None. As I understand none.
Now, I'm going to tell you something, I asked you, the same thing last year
the worst thing you can do was to come up and hire...
(BACKGROUND COMMENTS OFF THE
PUBLIC RECORD)
Fannotto: And you know, you didn't hire anybody Dena ---,if you don't
mind, please--- you didn't hire anybody this year either. Well, let me tell
you something.
Mayor Ferre:
Let's give our friends here the courtesy:
Mr. Fannotto: No, no, this is public... money is public business. Now, let's
not get off of this here. If ;Italian people can pay taxes, they can get
their share of pro-rata of jobs. And when you don't do it, you know what
I'm going to do and I'm going to send a letter to the Mayor and the Commission
and read it right in this_Commission and tell the proper authorities in
Washington that I asked you to correct the situation and you didn't do it.
And then I'm coming back with a letter that's saying do you want Italian`
people to pay taxes. And Dena, I don't think that you are such an executive
as people think you are.
Mayor Ferre: Mr. Fannotto, I want you to know that I'm the onlyone that
has an.Administative Assistant who is Italian and she just called me up
complaining and she wants you to know that she recents the statement that
you are making, because you are making a universal statement and I"want`
you to know that Italians are, covered in the Mayor's Office, ok.
Mr. Fannotto:
Mayor Ferre: That's right,
Italians are covered in the Mayor's Office?
Marie Petit.
Mr. Fannotto: They are not covered
either. They don't have any there.
n the Planning and Zoning Department
alright, I'm glad we heard it'from .'the Italians and you
Alright, now is there a motion?
Mayor Ferre: Ok
are a brave man.
Mr. Lacasa: Mr. Mayor, I would like to move that the community, development
plan for this year be adopted as presented by the staff.
Mayor Ferre: Now, is there a second to the motion?
Mr.
May
Carollo: Second.
or Ferre: Alright, further discussion?
Mr. Plummer: Mr. Mayor, under discussion. I have already indicated my, ,.
negative vote. Mr. Mayor I have said and I will repeat again this -year
and try to be as brief as possible. Mr. Mayor, we go through a mandated
process, that mandated process ispublic input through public hearings.
Mr. Mayor, I have said before and I will say it again, I thought." that ;he
time that the community one time': decided to have these super fancy bus benches
for some two hundred twenty thousand dollars, I personally thought that it
was wrong, alright, but yet that's what the community wanted. This is
community development money and I' think that the federal Government mandated
public hearings and public input so that each of us, each of us had the right
to say how we wanted our community to develop. I know that every time we
comedown here we hear the Coconut Grove .people not in relation to CD saying
"we are unique,we are different. We want to, be treated differently because
we want our community .to be thus and so": I`just feel that everybody in
their community has the right to say and to, do with that which they want.
I don't feel that, that is the process that has been followed, not that`I
necessarily agree or disagree, but I don't think the people have had their
day in court and their right to say what they want.
f
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05
F E B 121980
eiN
Mayor Ferre: Alright, further discussion at this time, call the roll.
ON ROLL CALL:
Mayor Ferre: In voting"yes"for this motion, let me disagree respectfully
. .
with my colleague J. L. Plummer. The purpose of what congress has mandated'
is for public input into the process. Now, that input has been made,•there
perhaps might be disagreement. The staff has come up with specific
recommendations and the majority of this Commission has concluded an
agreement. We are elected officials. We are elected by the people of MieMi.
every two years and ultimately it is our responsibility to vote "yes":Or"nn"
and I vote "yes".
The following motion was introduced by Commissioner Lacasa, who moved its
adoption:
MOTION NO. 80-103
A MOTION TO ACCEPT THE STAFF RECOMMENDATION
FOR THE CITY OF MIAMI PROPOSED 6TH YEAR COMMUNITY
DEVELOPMENT PROGRAM.
' • • • '
• • • - •
Upon,,,beliig.secOnde4 by-Cotnrnisioner- •Carollo, the inotion was passed and;.•:
adopted...by,.• •
AYES: Mr. Carollo, .Rev. Gibson, Vice-Mayor.LeCesaenABSENT: None.
NOES: .Mr. Plunirner.
.•. ,
ABSTAINING: None.
•
.„ ..,„
• • -
Mayor Ferre:.i.•-•:Alr4ght,-.there:.is.•.eMOtiOn.:;•,.will somebody Make as' illation :.'hre•_•,
Armando. -.or Joe regards •:,,to the statemerit that'. . public
funds
funds that are allocated to the cotnmunity orice they come back should be sent
within that comxnunity
Mr. "LaCasa:•••--.r.:so.:.filove • • •
Mayor Ferre •••
,..,.., . • , • • •••• - •
Mr.- -,Pl_iitrinier:1,;SecOnd.:',..-•-•_. • •• ••• '''•
Mayor Ferre: There is a Second that's what you were requesting,,,;.ok.
Ca11 the roll.•.--' The motion ••;is ': that when public f tinds
compipnitjr;and.. they •.get.returned for one reas�n or another, that theybe•• •
re tained--,.Within.: that community end :expended, - • • • •---
UNIDENTTFIED-, SPEAKER: The ,Motl.on.".is • Mr.."-,!•layar,"...;-,that--.inoriei'.thet--•;CD appropriate
for land -acquisitionout of.lthe.-,Ctilrner.,COmninnit • •' '•• • •- • :• • •
• - • • - • • • • - -• - • ,
Mayor Ferre
Out of Yerty..cOnimunity". - - • • - "
UNIDENTIFIED SPEAKER: • Nth,', out . ,"...
Mayor' Ferre::-- Out . of any doing-; it
..„„ .„..
Target_ Area where an . is pUrChesed-, • 'and '.it "s'..-resOld•. beck; :into the••••"., -.. •
.„ ..„..
publicfor •:the, priVete sector on a turn key basis . the .niOnieS,wil1berturned.- •
to that particular 'Co-nnnttnity... . 'If -• it -heppens to be Culmer, thenit will be
UNIDENTIFIED SPEAKER: " • 14p' Want it specified that i1,4111 Ate. f j obs2.
Mayor Ferre No, we are not doing that Jackie We are not doing that The
money " comes out.," of '.•.Ctilnter. 4nc.tettirns to ::Cultner. :We:, are not telling,-st.this-•
point where spent. -- • •'
• -- _ ,
UNIDENTIFIED'', SPEAKER: 0k, 1. just as as ;long -.et; it comeS:,. back • • ." '
Meyor... Terre Yes, Ma'am. further discussion, call theroll
gl E-L-3 /
2 19310'
The following: motion was introduced; by Commissioner Lacasa,:.who moved its
adoption:
-MOTION`NO. 80-104
A MOTION DECLARING THE INTENT OF THE CITY COMMISSION THAT C.D
FUNDS USED FOR THE ACQUISITION OF LAND IN ANY .C.D. TARGET AREA,
AND•UPON'-THE RESALE OF SUCH LAND, THE MONIES OBTAINED THEREFROM
WILL BE RETURNED TO AND USED IN THE SPECIFIC C.D. TARGET AREA
THAT THE FUNDS WERE ORIGINALLY ALLOCATED TO.
Upon being seconded by Commissioner Plummer, the motion
adopted by the following vote -
AYES:
NOES: None.
Commissioner. Joe Carollo
Commissioner J. L. Plummer , Jr.
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
passed
34. RESOLUTION AUTHORIZING CITY MANAGER TO SUBMIT A GRANT APPLICATION
TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR
THE PROPOSED COMMUNITY DEVELOPMENT PROGRAM DURING 1980-31.
and
Mayor Ferre: Mr. Lacasa moves, Commissioner Carollo seconds, further discussion,
call the roll on Item 29.
its
The following resolution was
adoption:
introduced
by Commissioner Lacasa ,who moved
RESOLUTION NO.'80-105
A-: RESOLUTION AUTHORIZING THE CITY -:MANAGER TO SUBMIT::A
GRANT.APPLICATION TO THE U.S. DEPARTMENT;OF HOUSING
AND URBAN` DEVELOPMENT (HUD) FOR:THE PROPOSED COM
MUNITY DEVELOPMENT PROGRAM:DURING-1980-81, IN ACCORDANCE
,WITH THE CHANGES THAT HAVE BEEN MADE TO THE COMMUNITY
DEVELOPMENT THREE YEAR PLAN AND APPROVED AT DULY HELD
PUBLIC HEARINGS; AND FURTHER AUTHORIZING THE CITY
MANAGER, UPON APPROVAL OF SAID GRANT BY HUD, TO ACCEPT;.
THE SAME AND NEGOTIATE THE NECESSARY IMPLEMENTING
CONTRACTS AND AGREEMENTS, SUBJECT'. TO THE APPROVAL -OF
THE CITY COMMISSION PRIOR TO EXECUTION THEREOF.
(Here follows body of resolution here and on file
in the Office of the'City Clerk.);,
Upon being seconded by Commissioner Carollo,
adopted by the following vote:
AYES: Mr. Carollo, Rev. Gibson, Vice -Mayor Lacasa
NOES: None.
ABSENT: 'Mr. Plummer.
gl
i07
the resolution was passed and;:
and Mayor Ferre.
: n , (.
t
r �, ►J •� I ��
35. RESOLUTION WAIVING THE ORIGINAL DEADLINE DATE OF FEBRUARY 1, 1980
FOR THE DEVELOPER, HOLYWELL CORPORATION, TO PURCHASE AND ACQUIRE
TITLE TO CERTAIN PROPERTY IN CONJUNCTION WITH A GRANTED VARIANCE
FOR TRACT "D" DUPONT PLAZA (50-11).
Mayor Ferre: Take up Item 30, which we voted on this morning, the Dupont Plaza.
Moved by Lacasa, Seconded by Gibson, further discussion on Item 30, call the roll.
The following resolution was introduced by Commissioner Lacasa , w
its adoption:`
RESOLUTION NO.
0-106
A RESOLUTION WAIVING THE ORIGINAL DEADLINE
DATE OF FEBRUARY 1, 1980, FOR THE DEVELOPER,
HOLYWELL CORPORATION, TO PURCHASE AND. ACQUIRE:
TITLE TO CERTAIN PROPERTY, AS SET FORTH
IN RESOLUTION 79-848A, DECEMBER 5,1979, IN
CONJUNCTION WITH A GRANTED VARIANCE FOR THE
FOLLOWING PROPERTY: TRACT "D"; DUPONT PLAZA
(50-11),BEING CORNER OF BISCAYNE BOULEVARD
AND CHOPIN PLAZA, AND EXTENDING THE DEADLINE
DATE TO APRIL 1, 1980.
(Here follows body of resolution,
.in the Office of the City Clerk.)
Upon being seconded
adopted by the following
AYES: Mr. Carollo, Rev.
NOES: None.
ABSENT: Mr. Plummer.
omitted here and on <file.
0
moved
by ;Commissioner Gibson, the resolution was passed and
vote:
Gibson, Vice -Mayor Lacasa and Mayor Ferre.
36. RESOLUTION WAIVING THE ORIGINAL DEADLINE DATE OF FEBRUARY 1, 19E0,
FOR THE DEVELOPER, HOLYWELL CORPORATION, TO PURCHASE AND ACQUIRE
TITLE TO CERTAIN PROPERTY, IN CONJUNCTION WITH A GRANTED CONDITION
AL USE FOR TRACT "D" DUPONT PLAZA (50-11).
Mayor Ferre: Take up Item 31. Moved by Carollo, seconded by Lacasa, further
discussion, call the roll on 31.
The following resolution was introduced by Commissioner Carollo who moved
its adoption:
A RESOLUTION WAIVING THE ORIGINAL DEADLINE
DATE OF FEBRUARY 1, 1980, FOR THE DEVELOPER,
HOLYWELL CORPORATION, TO PURCHASE AND ACQUIRE
TITLE TO CERTAIN PROPERTY, AS SET FORTH
IN RESOLUTION 79-848B, DECEMBER 5, 1979, IN
CONJUNCTION WITH A GRANTED CONDITIONAL USE
FOR THE FOLLOWING PROPERTY: TRACT "D"; DUPONT PLAZA
(50-11), BEING CORNER OF BISCAYNE BOULEVARD
AND CHOPIN PLAZA, AND EXTENDING THE DEADLINE
DATE TO APRIL 1, 1980.
(Here follows bodyof resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being, seconded by Commissioner Lacasa,
adopted, by the following vote:
AYES: Mr. Carollo, Rev. Gibson
NOES: ' None.
ABSENT: Mr. Plummer.
the resolution was passed and
Vice -Mayor Lacasa and `Mayor .Ferre.
Mayor Ferre: Before the vote on adopting items included in the Consent
Agenda is taken, is there anyone present who is an objector or proponent
that wishes to speak on any item in the Consent Agenda? Hearing none, then
is there a motion?
The following resolutions were introduced by Commissioner Gibson,"
seconded by; Commissioner Carollo,and„passed and adopted by. the following vote
AYES:` Mr. Carollo, Rev. Gibson,Lacasa and Mayor Ferre.
NOES: None.
ABSENT: Mr Plummer.
37.1 DIRECTING CITY CLERK TO PUBLISH NOTICE OF PUBLIC HEARING FOR"
OBJECTIONS TO THE ACCEPTANCE OF COMPLETED CONSTRUCTION OF
CRESTWOOD SANITARY SEWER IMPROVEMENT SR-5432-C,
RESOLUTION NO. 80-108
A RESOLUTION DIRECTING THE CITY CLERK
TO; PUBLISH A NOTICE OF PUBLIC HEARING
`FOR OBJECTIONS TO THE ACCEPTANCE BY
'THE:CITY COMMISSION OF THE COMPLETED
CONSTRUCTION OF CRESTWOOD SANITARY
.SEWER'IMPROVEMENT SR-5432-C (CENTERLINE
SEWER), BID "A" (SANITARY SEWERS) IN.
CRESTWOOD SANITARY SEWER IMPROVEMENT
DISTRICT SR-5432-C (CENTERLINE SEWER) ::::
37.2 ACCEPT BID: RUSSELL, INC. - ALLAPATTAH C.
III BID "A" (HIGHWAY).
RESOLUTION NO. 80-109
A RESOLUTION ACCEPTING THE BID OF
RUSSELL, INC. IN THE PROPOSED AMOUNT
OF $232,828, BID "A" (HIGHWAY) OF
THE PROPOSAL, FOR ALLAPATTAH C.D.
PAVING PROJECT - PHASE III; WITH
MONIES THEREFOR ALLOCATED FROM THE
4TH AND 5TH YEARS FEDERAL COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS IN THE
AMOUNT OF $232,828 TO COVER THE
CONTRACT COST; ALLOCATING FROM SAID
FUNDS THE AMOUNT OF $25,611 TO COVER
THE COST OF PROJECT EXPENSE;
ALLOCATING FROM SAID FUNDS THE AMOUNT
OF $4,561 TO COVER THE COST OF SUCH
ITEMS AS ADVERTISING, TESTING
LABORATORIES, AND POSTAGE; AND
AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH SAID FIRM.
109
FEB 121980
37.3 ACCEPT: BID: D.M.P. CORPORATION
PHASE :III BID-"B" (DRAINAGE).
37.4
37.5.
-`ALLAPATTAH C. D.`PAVING PROJECT-
RESOLUTION NO. 80-110
A RESOLUTION ACCEPTING THE BID OF D.M.P..
CORPORATION IN THE PROPOSED AMOUNT OF
$139,021, BID "B" (DRAINAGE) OF THE
PROPOSAL, FOR ALLAPATTAH C.D. PAVING
PROJECT - PHASE III; WITH MONIES THEREFOR
ALLOCATED FROM THE 4TH AND 5TH YEARS
FEDERAL COMMUNITY DEVELOPMENT. BLOCK GRANT
FUNDS IN THE AMOUNT OF $139,021 TO COVER
THE CONTRACT COST; ALLOCATING FROM SAID
FUNDS THE AMOUNT OF $15,292 TO COVER THE
COST OF PROJECT EXPENSES; ALLOCATING, FROM
SAID FUNDS THE AMOUNT OF $2,687 TO COVER
THE COST OF SUCH ITEMS AS ADVERTISING,
TESTING LABORATORIES, AND POSTAGE; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONTRACT WITH SAID FIRM.
ACCEPT BID: TAMIAMI CONSULTANTS, INC., dba TAMIAMI PLANT SYSTEMS,
INC.
RESOLUTION NO. 80-111
A RESOLUTION ACCEPTING THE BID OF
TAMIAMI CONSULTANTS, INC., D/B/A
TAMIAMI PLANT SYSTEMS, 'INC., IN THE
'PROPOSED AMOUNT OF $44,178.38, THE
TOTAL BID OF THE PROPOSAL, FOR
CITY-WIDE COMMUNITY DEVELOPMENT 'TREE
PLANTING - PHASE II; WITH MONIES
THEREFOR ALLOCATED FROM THE' 4TH
YEAR FEDERAL COMMUNITY DEVELOPMENT
BLOCK GRANT FUND IN TIIE AMOUNT OF
$44,178.38 TO COVER THE'CONTRACT
COST; ALLOCATING FROM.SAIDFUND THE
AMOUNT OF $4,859.62 TO COVER THE
COST OF -PROJECT EXPENSE; ALLOCATING
FROM SAID FUND THE AMOUNT OF $884.00
TO COVER THE COST OF SUCH ITEMS AS
ADVERTISING, TESTING LABORATORIES,
AND POSTAGE; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH
SAID FIRM.
ACCEPT BID:
RINKER MATERIALS CORP. -
CONCRETE.
,600.CUB IC YARDS OF READY MIX
RESOLUTION NO. 80-112
A RESOLUTION ACCEPTING THE BID OF RINKER MATERIALS
CORP. FOR FURNISHING APPROXIMATELY 3,600 CUBIC
YARDS OF READY MIX CONCRETE ON A CONTRACT BASIS
FOR ONE YEAR; FOR THE DEPARTMENT OF PUBLIC WORKS;
AT A TOTAL COST OF $136,800.00; ALLOCATING FUNDS
FROM THE 1979-80 OPERATING BUDGET OF THAT
DEPARTMENT; AUTHORIZING THE CITY MANAGER AND THE
PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR
THIS MATERIAL.
37.6 ACCEPT BID: CONTROLLED ENVIRONMENTS OF FLORIDA - 500 TOTE BARRELS.
81
RESOLUTION NO. 80-113 •
A RESOLUTION ACCEPTING THE BID OF CONTROLLED
ENVIRONMENTS OF FLORIDA FOR FURNISHING 500
TOTE BARRELS FOR THE DEPARTMENT OF SOLID
110
F E B 12198J
.,
WASTE; AT A TOTAL COST OF $11,250.00; ALLOCATING
FUNDS FROM THE 1979-80 OPERATING BUDGET OF THAT
DEPARTMENT; AUTHORIZING THE CITY MANAGER AND
THE.: PURCHASING AGENT TO ISSUE THE PURCHASE.
ORDER FOR THIS EQUIPMENT.
37.7 ACCEPT' BID: ATLANTIC FERTILIZER CO. - CHEMICAL AND FERTILIZERS.
RESOLUTION NO. 80-114
A RESOLUTION ACCEPTING THE FOLLOWING BIDS FOR FURNISHING
CHEMICALS AND FERTILIZER° FOR THE DEPARTMENT OF PARKS;,
BID OF ATLANTIC FERTILIZER. CO. AT A COST OF $18,136.50;
BID OF W. R. GRACE & CO. AT A COST OF $6,125.00; BID OF
SOUTHERN MILL CREEK PRODUCTS AT A COST OF $8,711.00;
BID OF WOODBURY CHEMICAL CO; AT A COST OF $3,299.00;
AT A TOTAL COST OF $36,201.50; ALLOCATING FUNDS FROM
THE 1979-80 OPERATING BUDGET OF THE DEPARTMENT OF PARKS;
AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT
TO ISSUE THE PURCHASE ORDERS FOR THESE MATERIALS.
• 38. T'_ANSITION OF EMPLOYEES SUDJFCT TO LAYOFFS
Mayor Ferre: Now, we have a question of employee layoffs. Mr. Grimm.
Mr. Lacasa: Mr. Mayor, Mr. Chairman, A. G. Sherman had to leave and he
asked that this item be deferred because he has been here since early
this morning and I...
Mayor Ferre:
We've got to
Mr. Lacasa:
Well I'm
take this
afraid we can't defer this.
issue on.
t was on this mornings agenda.
That's just too bad
Mayor Ferre: I. know. A lot of things were on the mornin
Mr. Grimm, would you give us an update.
agenda.
Mr. Grimm:; Mr Mayor and members of the ;Commission, we sent to you
for information on January 31st, the results of our efforts to reemploy`
those "people that were laid off. Mr. Krause" has some "updated figures
as of today .
Mayor Ferrel
r. Krause.'
Mr. Grimm:" I do thinkalso that he has one concern..
Mayor Ferre: Hold on. Ernie, would you do me, a favor, or Lazar°, would
you do me a favor? See if J. L. Plummer.: can come back in here.
I don't...we can't vote on twenty-five if Plummer's left. I don't think'.
we can come to a conclusion if Plummer has left. All right, go ahead
Mr. Grimm: Mr. Mayor, rather than "...while Mr. Krause is handing that
out, there is no real significant difference in the statistics. However,
there isa.concern that the Commission's policy regarding lay-offsis,
making"it extremely difficult to replace: people that could normally be,,
replaced as stand-by laborers in the Solid Waste. Department.
Mr. Krause: Mr. Mayor, and members of the Commission. I know you've
had a long day and I'll try to give you ;a brief report. ' The first time
I talked to you on this subject was December 27th...
UNIDENTIFIED_ SPEAKER: Inaudible Comment from the .Audience.
Mayor Ferre: Ernie, unfortunately...all right, excuse me, Mr. Krause..;
Ernie, unfortunately Commissioner Plummer has left. I thought that he would
be willing to stay at least to vote on this. And 1 don't think it's
fair for this Commission to vote on that,as much: as.I would like-to,without
a full Commission. It's too important a decision for us to make without
having a full Commission." I'm sorry.
Mr.
Mayor Ferre:
Mr. Krause: As of December 27th, the first timeI' reported to you, we,
were dealing with sixty five employees who had been placedin the
special fundand we'd onlyfound, places for twenty-six of them. Meaning,
that there were thirty-nine people, that" were still problem cases. We
came back two weeks later, and our staff and the other 'departments that
we had worked with and had worked together quite well,; and at that
time, we had; solutions to forty-two' of the cases. Meaning that there
(INAUDIBLE COMMENT FROM THE AUDIENCE.
Okay? Continue, Mr. Krause.
112
FEB
21980
{
ist
twenty-three people that were still problems. Now in the last month,
we've managed to place nine more people.. What that indicates is that
the opportunities are drying up. The departments have done just about''.
as well as they can .in finding assignments for these people. But even
though we've found nine additional slots, we've lost ground because
most of the people who were originally willing to take assignments as
stand-by laborers in the Solid Waste Department have told us that they,
will not take those jobs unless they are actually laid -off. Now I
talked with Mr. Patterson about this to find out whether he can take them
directly as transfers into Waste Collector Operator jobs. He pointed
out to me that the Consent Decree has a provision against this. I asked
him if he would talk to the union to see if the union would waive the provision of the
Consent, Decree. and they said, no they wouldn't. Mr. Patterson has sent
me a memo on this and the union says that if the City were to attempt
to do that, -they would go to court and seek a temporary injunction. I
believe that they would win. I don't think there is any point in the
City pressing that issue. I guess what I'm saying is that the policy of
not laying off has made it more difficult, in the technical sense, to place
about six of the employees who would otherwise be placed. I think if we
can begin the lay-offs, we can then place six of those people. Mr.
Patterson says that he will assure that they can work forty hours a week
if they want to. They will make a dollar an hour more than what"the, •
City nows pays them. We also have three more people that we think we
can place within another week or so. What that would mean isthat
there would only be ten or twelve people who would in fact.be.laid-off
and not be -placed back into a City job. Those ten or twelve people
would still remain on reinstatement registers. And we would°'work` very,,
diligently with the departments, and I would feel reasonably comfortable
that most of .those people would be placed within a reasonable period
of time.. Maybe a few months. I"think it's, a policy matter. for` the
City Commission':and it's certainly not an easy matter: But many: of, the
peoplewho are now faced with lay-off, are not really -long! service-
employees. Many of thern have only one to three or four years of service
About the same "number of -years of service as the six' hundred CETA employees.`
that were id -off last summer.
Mayor Ferre
All right, thank you. Questions? Yes,sir.
Mr. Carollo: Mr. Krause, how many people are left that you haven't placed
in jobs, exactly? As of today. As of today, how many people have you not`,
beer: able to find new jobs for within the. City?
Mr. -Krause:
Mr. Carollo: How manyof these are Latins?
Mr. Krause>
Mr. Carollo: I'm not;:going to beat around the bush, Mr. Krause': I.'m going
to get right to the point.I'm.not going to -accept anything`less than
these; people t� be found employment within the City of Miami.": Since;
I have come to this Commission,;-insteadof seeing the City; of Miami
progress in the hiring of Blacks, I'm just; seeing the opposite. And I
would'_ certainly hope -'that innthe position you'are in, you haveanew"look .`
at the policies that are being made. And I definitely,intend,:if our
City Manager, ever. comes back, to have'a very "direct talk with him-"on`;this
subject. Iam seeing; that we are having Latins resign for whatever` reasons,:
and in many cases, I'm not seeing them being replaced "with Latins. I'm.seeing'
that apparently the policy;_of the administration is that maybe Latins ,
are not a minority. I realize that we are a majority within'the City of
Miami: and that should` be a reason maybe why we, should look at the problem
that have a littlecloser. :'We nays, a major problem there.. And"I..I am
ashamed," ashamed that we, have three members"ins Commission:that:are".of
the_" Latin' community and .for, the; -last' three months, I"haveseen`:
progress:in the placement._ of` Latins;in'the City of` Miami. Especially
in. policy `making positions: And that we" are instead of trying to rebuild
what we have, we are just going to the opposite. My bottom line is, sir,
you have not done a good enough job"for me, to please me. Because you
have not found these people employment with the City.
113
ist
FEB 121�8,
ist
Mayor Ferre: All right. Mr. Lacasa.
Mr. Lacasa: Mr. Krause, I can subscribe to every single thing that
CommissiOner Carollo has said. And I am going to add to what he said,
just the following. I understand the predicament in which the administration
is in with this particular problem. If I have the slightest trace of
confidence in your department,and the way that you have been handling
the Human Resources Department, I would go along with your recommendations.
But since I don't have any confidence whatsoever in the good intentions
of your department, lain going to vote against that. It is as simple
as that.
Mr. Carollo: I make a motion that these people be not laid -off and'
further steps be taken until employment is found for them within the City
Mayor Ferre: There is a motion...
Mr. Lacasa: Second.
Mayor Ferre: Seconded. Further discussion? Call the ro
li
The following motion was introduced by Commissioner. Carollo, who
moved its adoption:
MOTION NO. 80-115
A MOTION DECLARING THE POLICY OF THE CITY COMMISSION
AND INSTRUCTING THE ADMINISTRATION THAT NO EMPLOYEES
BE LAID -OFF AND THAT FURTHER STEPS BE TAKEN
IMMEDIATELY TO LOCATE JOBS FOR THESE EMPLOYEES WITHIN
THE CITY GOVERNMENT AND FURTHER STIPULATING THAT
A FREEZE ON HIRING ANY NEW OUTSIDE EMPLOYEES IN
IN EFFECT, FURTHER PROVIDING THAT SUCH FREEZE SHALL
EXCEPT THE HIRING OF POLICE OFFICERS AND FIREFIGHTERS
AND FURTHER STIPULATING THAT THE FREEZE ON HIRING
OUTSIDE PERSONS SHALL CONTINUE UNTIL THIS MATTER HAS
BEEN RESOLVED
Upon being seconded by Commissioner Lacasa, the motion was passe
d
and adopted by the following vote:
AYES: Commissioner Joe Car0110
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
•
NOES: Commissioner (Rev.) Theodore R. Gibson
ABSENT: Commissioner J. L. Plumrner, jr.
ON THE ROLL CALL:
Father Gibson: Read the IrK>tion.
(AT THIS. POINT, THE CITY CLERK READ THE MOTION INTO THE RECORD.)
Mr. Lacasa: And furthermore/ that the freeze...
Father Gibson: No employment?
•
Mr. Lacasa: That the freeze be continued until after we have t is problem
Mr. Carollo: That is cokrect• That is correct. That is the full
intention of the motion. •
114
FEB 121980
freeze be placed on all of the people.
Mr. Ongie: The motion is that it is the intent of the City
Commission
that noemployees that are scheduled to be laid -off will be laid-offand
that further attempts will be made by the administration to find them
employment within the City, and that a freeze on hiring new employees
would continue until this problem is resolved.
Mr. Grimm: Mr. Mayor, members of the Commission, before you vote, I
would like to call to the Commission's attention the fact that the City
does not have a freeze on and that certainly, I don't think the Commission'
intention is to not hire policemen and firemen.
Mr. Carollo: That
right, that isnot
is notthe case as far as policemen and firemen..
the intent.
Mr. Grimm:. Well Commissioner, unless you qualify that, that'
it comes across in the record.
Mr. Carollo: It is not the intention
are vital needsof the community.
Mr. Grimm: And I also want to state for the record so you are aware of
the consequences of this, that we have not funded these positions.' And this
is costing approximately one thousand dollars a day. For the rest of ;the
year, we are talking about a deficit fund of close to two hundred thousand
dollars..
Mr. Carollo: Sir, the motion
with the voting
Mr. Grimm: Commissioner, I'm not misunderstanding your motion, 7
want you to 'be aware of the consequences of what you are doing.
Mr. Lacasa:. This is the result of the long standing policy of the
administration to, completely ignore and to act in. complete contempt to us.
And.it is' just like Commissioner Carollo expressed it.,We.are,fed,"up.
So if this, is the only•way that we have to. get, some sensitiVity and some
reaction from the administration, so be it.)Because•I've been here. for
over one year now, Commissioner Carollo has been here for two months and
we have experienced the same kinds of= problems. '..;And I understand they
problems, but believe me, that this is just a" reaction. toward the position,
that,. the adminstration has been taking here in regard to this City
Commission.
Mayor Ferre: All right.
*Father Gibson: Mr. Mayor, you know,..I'm°going
Mr. Krause.
Mr. Krause:
Mr. Krause: Do you suppose it is permissable for me to speak to the...
very briefly to the issues that Vice -Mayor Lacasa and Commissioner
Carollo raised with respect to...
Mayor-Ferre: :Yes, o
to those issues
course. Y think it is very apropros for you
Mr. Krause: I understand very well the concern for.the employment of
minorities in the City of Miami. The reason I came to the City of Miami
was because I regarded that as an issue of -utmost public°:importance
and something, to which I could make a personal contribution. One of the
great obstacles that I found when I came here was an archaic set of
Civil Service rules. And I personally devoted,`I think two years of my
own time, trying to find ways to accomplish, revisions of those rules'
that would facilitate and make it easier for us to hire minorities and
women in the City. We got those Civil Service rules amended. They are
115
FES I 2 1g33
being challenged by two of our unions in court. They may be ruled to be
contrary to the City Charter. I don't know. But at least the new rules
have given us a way so that approximately eighty percent of the people
that have been hired and promoted since the new rules have been adopted
have been minorities or women. Within the last week, I completed
preparation of a personnel manual which resulted from the discussions
last summer when the Commission adopted the Civil Service rules. The
Commission indicated that they wanted a manual of instructions. The
City Manager asked me to prepare that. And throughout the manual there
are constant references to the obligation of our Department of Human
Resources and the operating departments of the City to achieve a work
force in the City that represents the labor market in this Community, which
is approximatly fifty-six percent Latin, approximately twenty-three percent
Black, and to achieve that representation at all levels of employment
throughout the City government. In my daily contacts with the departments,
I talk to them about job qualifications, recruitment programs, selection
programs that will help us to achieve that. It is a constant, ongoing
program of our department. I think every member of our department is
equally committed to that. Seventy-seven percent of the population...or
the work force in our department belongs to minority groups. Fifty-eight''
percent of our department are members of the Latin community. I think
they are very much concerned with whatever procedures we have to hire and
promote Latins in the City work force. Nineteen percent of our department
work force is Black. That's an under representation by about three
percent. The reason is that ours is a relatively small department and I've
lost two key people to promotions to other departments in the City government
whichI have not been able to replace. It is my intent, if I' am allowed to
hire Personnel Officers, to replace people who have been promoted to higher,
jobs in the City to make sure that we hire well qualified Latins and Blacks
to assist in the ongoing efforts of affirmative action. I'm not sure what
else I can say except that I think that I've put my own professional
career on the line in this community to achieve that objective'.: That's'.
my commitment to this community, it's my commitment to you. I;'.m sorry i
it doesn't come through that way.
Mayor Ferre: I for one, want to say, Mr. Krause, I recognize the
difficulty of circumstances. I think...I voted with the motion because
think it properly reflects the sense of frustration. That doesn't
necessarily mean that that resolution solves the problem. It doesn't.;;
You have a serious court matter which this may impact on it. And I think`
Mr. Arauz, who also happens to be Latin, is well aware of that. .I hope
that it doesn't. I think, I would hope that the court would take this
as an expression of the seriousness of this Commission to make affirmative
action function. And of the...and of the not only the concern but the.
frustration that is exhibited here. Several years ago, when I met with
some of the members of the police union, I expressed to them the need for
theni to recognize that affirmative action was really here. And that it
was better if they did it on their own with cooperation. And it is my
sincere opinion that they have resisted vigorously in every turn and every
corner, and every point. And they have created insurmountable obstacles
one after the other. And I think we're beginning to make some major
headway despite... in spite of the roadblocks that have been put to the
City by the unions. And'I say...I would say all of the unions` with; varying
degrees. Now, I'm sorry that it has come about this way. I for one, want
to express to you, that in no way is my vote a reflection on your
integrity, your professionalism or your dedication to affirmative action.
I strongly believe that you are dedicated to do this within the law. And
I'm just speaking for myself but I don't want you to take, my vote as being
a•indictment on your integrity and dedication to affirmative action which
I believe you are fully and totally dedicated'to.
Father Gibson: Mr. Mayor, I want to say something. Maybe I should' keep
my shut. I hate that we passed that motion and made that motion
or resolution. I think of all the people on this Commission, I ought to
know what pain and deprivationsegration and all the'other business, is.
You, the Latins have an advantage I don't have. And I'm going to say this
so that nobody would` go awayfrom here tonight not knowing where this
Black guy is. You have an advantage I"don't have. When you don't want
116
FEB 121980
to tango on the minority thing, you become a majority. When you. want
to tango, you are a part of the minority. I want to make sure everybody
understands` that. I said that in Atlanta and I'll say it here. Let
me say to my Latin brothers because whether you like me orwhether you.:
don't' like'me,.I'm your brother. Okay. You've got to deal with me,
okay? Because I'm not going nowhere. I'm not going to be like the.
other boys. I have no so and so where to go and ain't going nowhere.
Let me tell you, sir. I shall never forget the McDuffie case. I begged '•
the Blacks and said, look do you want to be smart don't try your case
in the newspapers. Don't do that. I've lived long enough to see some
of the things that I've advocated come back to haunt this community.: They
didn't .treat .me_right, they didn't treat us fair, and its come back
to haunt. You have one advantage I don't have. You have a majority.
You have a majority. So that means your pressure can always be there.
I don't have the majority. And you know, I've said this before, I'm
going to still be a prophet before I die or either after I die it will
come' true. You need to understand that Rome was not built in a day
but Rome'was builtin days. Rome was not built in a day but Rome was
built .'in days. I learned some things in my election. This lastelection,
that.I hope I am richer and I'm happier as a result of. I will take them
with me to my grave, I will thank my God that I had the opportunity.: I
would hate, I would hate for these same people who don't want to change
to be able to use it in court against you. And I told them about the
McDuffie case they thought I was crazy and they said you're an Uncle
Tom. You know what? I think thiscommunity got far more outof. the
McDuffie than it could have ever thought of getting. I want you.to!think
about that. The newspaper was on our side, radio on our side,. television
on our side,. Latins were incensed, White Anglo Saxons were incensed.
Because it wasn't human. I just warn. you, I happen to be -a minority too."_
I am the only minority. Latins are not really minorities, no,- no, no
The, Mayor said something at the last meeting that I want to reiterate.
He"said no other race, or nationality of people have come to this
community who had so much...who had so much. We're talking about doctors,
they had them. We're talking about lawyers, they had them . You're talking
about bankers, they had them. My God, let me say, as I end, I have, said
to my Latin brothers that I expect that the leadership among the Latins
would not become the followship. That the leadership would lead wherethey;,
ought to go. Naturally, I'm a clergyman...naturally, I would feel :that
way. But I want to tell you this. 'There is a God somewhere.` There is
a God somewhere. Whether he is upstairs or down in the earth,"he is there.
And one thing I'll tell you, he will answer, not in your; :time,'; not.in,my:
time, but he will answer'. I urge you, I' urge; you. to rescind the motion.-,
only becausedon't give the majority that now controls the:satisfaction of
going out and saying, how; angry you` are and how mad you are.," -Be smart.
Mr. Lacasa:. Father, when you said that you...that we have the majority.'..
that` we have, the majority is true up to:a point. First of
to tell you that you.have the majority" on this' Commission because as. far
as I am concerned,. the problems that you and your constituency, have are'
my; problems. In this last election, now that, you mention'thelast election,
I had an experience. And there is Charlie Johnson who is a good witness.
in this experience. I camps
igned very heavily.=in the Black community and
I`carried all of the precincts in the Black community." And I talked
about this with Charlie and I said, Gee, how much I appreciate this kind:
of support. And he said, "well, the position;. that you have.taken-since
you have been a Commissioner, and positions that I have takenbefore
being a Commissioner in all of the years that I have been involved-
in community work in this community through the Chairmanship ofLittle
Havana C.D. and so much and so forth, and in the several 'boards that I
have served in Dade County, I have stood by the same principle and -I have
done my work in thesameway. When I'talk about minorities, 1 don't
talk about Latins alone. When.I talk about minorities; `I want you' to know
that I talk: about the Latin, and 'the Black minority and:: also'the women.'=.
And the sense of this resolution,; to me, goes well; beyond, well .beyond -Father,
the question at hand. The sense of this resolution to me is
frustration of a City Commis
also the
sioner that has to go begging, literaily
begging to the administration for. every single thing that we feel that .is,
appropriate to do -here. This here is the only way, obviously, that we
have to tell the administration that the.people of the City of Miami elected
1.17
ist
FEB 1 2 1930
1
us to this position so we rule the City. And we have not been'ruling
the City. The City has been run by the administration who occasionally,
from time to time pays attention to us. We are a necessary evil that
sits here because there is a Charter that provides for five City
Commissioners to be here. And this is the only way that fortunately
tonight we have had to tell the administration that we are fed up and that
as far as I am concerned, I do not intend to stay here all of my term
begging you people for...like if it were favors when what we are carrying
here is the will of the community that is out there, that pays taxes,
and with those taxes this City runs, and they get their salaries.
Mayor Ferre: All right. I think everybody has expressed their position.
The motion has been made, its been passed...
Mr. Carollo: Mr. Mayor...
Mayor Ferre: Yes.
Mr. Carollo: If I may, I'd just like to add one more thing. Commissioner
Lacasa...Vice-Mayor Lacasa has expressed most of my feelings very well.
I'd just like to maybe clear the air a little bit more on something
that was talked about here. How many doctors, attorneys, professionals,
bankers, the Latin community might have. It's one thing what it has in
private enterprise, one thing what it has inside our City government.
They are two different animals. And in case some of you here might not
totally realize why maybe the Latin community has so many doctors, has
so rnany bankers, I'll tell you why. For the most case, a lot of these
people when they came here, the ones that came from Cuba as refugees, and
the others who came from other Latin countries, they came to this great
country that opened its doors to all of us and I say all of us because
I came to this country when I was five. The Latin community took jobs,
doctors took jobs sweeping floors, washing dishes anything they could
make a living in until with the help of God, and the aid of this great
country, they again achieved the positions they once held. Thank you.
Father Gibson: Mr. Mayor, I don't want to prolong this because I'm
not angry with anybody but if I don't do this, I would not be really
Gibson. Okay? I don't think anybody can question my credentials
about how I feel about minorities. I hope you won't. If you do, you
ask my friends. And all that I've said and will say, I'm saying in the
interest of this whole community. My brothers, I want you to listen to
this. You are fortunate. You just came and already I saw, based on
Mr. Krauses analysis, you said what percentage of the work force is Latin.
Mr. Krause: I was speaking of my own department, Commissioner.
Father Gibson: All right, lets take your department as an example.
What is your...what percentage?
Mr. Krause: Fifty-eight percent.
Father Gibson: Fifty-eight percent. Okay. I understand what you
are saying. But just remember now, how long, Mr. Lacasa, how long has
the Cuban inirnigration...mi.gration been here?
Mr. Lacasa: About twenty years.
Father Gibson: Twenty years. All I'm trying to get you to understand
is, sometirnes I wonder if I were the majority ruling and running...
I you know...do you follow my reasoning? And all I'in saying to you...
look, my brothers....I just want you to think once, twice arid thrice.
I find it difficult, if you do not understand that the government in
existence...I understand what you said about private enterprise. So
that's a plus for America. Okay? The government was in existence,
and again I'm going to be a prophet. A rule that works for you will
work against you. So they had to have a rule. This man at the peril
of making all of the people mad recommended, suggested along with the
Mayor's leadership that you change the rules of Civil Service. Do you
remember that? And that's how now, you have...lets take your department,
fifty-eight percent. Prove it tonight, prove it tomorrow, prove it some
ist
118 FEB 12 1980
of the other days, and maybe you'll see the light of what I'm driving at.
Mayor Ferre: Well, all right. I think everybody has made their
statements. I hope that they are construed in the constructive way. I
would say...I would like to just say, Father, I would just like to say,
you and I have been on this Commission for a long time. I completely
and totally reject any allegations that this City has not changed
drastically in the last three or four years. I think we have done
more than any other government anywhere in the United States in
incorporating minorities into the system. I'm talking about into the
employment system. There are rules and regulations. We've had to live
and struggle with those rules and regulations. But to you Father, I've
wanted to say that we started on this road back when Booze Allen
made this recommendtion. And that, I might remind you, is five years
ago. And we had a consent decree at that time. The problem was that
we, over the years, have not been able to have the votes to do all the
things that we needed to do all of the time. And so therefore, the
struggle has been difficult, it has been challenged by the unions every
single step. We're still being challenged in court, and yet, in spite
of that we've made tremendous progress. I think what is being said
here is a very, very forceful message that there is some very strong
feelings about this. Perhaps, and I'm not being critical in anyway
of anybody in the past, if the same forcefullness and the same message
had been made ten years ago, or five years ago perhaps we'd been even
further along the road than what we are now. But here we are, and we
cannot reverse the march of history. And the march of history and the
writing is very clearly on the wall.
Mr. Krause: May I tell you one more thing very briefly, sir.
We have recently completed recruitment with the Fire Department. We
have produced an eligible register under the Civil Service rules that
contains eighty percent minorities. We've reported this to the Justice
Department who oversees the Consent Decreee. And Mr. Padgett, whom most
of you know quite well, told me on the telephone just earlier...about
three or four days ago, that he was so impressed with the results of
that recruitment that he and his superior were preparing a special
report for Assistant Attorney General Drew Days, who is in charge of
Civil Rights in the Justice Department, to give him an insight into what
targeted and special recruitment efforts can do. I am pleased with
the new Civil Service rules. I'm pleased that the Commission adopted them.
I hope the Commission is pleased as well because it was a major step
forward.
Mayor Ferre: Mr. Krause, let me again say to you and on the record,
that you are one of the persons responsibile for the tremendous advances
that we've made in affirmative action. If it hadn't been for your
persistence and your professionalsim and your diligence and the work
of your department, and the cooperation of the Fire Chief, in this case
there is noway we would have gotten eighty percent. The sad part it is
now 1980 and it's now that we are doing it. But the fact that we didn't
do it before is certainly no fault of yours, in rny opinion. No fault
of the Chief's and certainly no fault of this Commissions. But the
facts are the facts and it didnt' happen before. And now, for whatever
reasons, and there are many, we are moving forward. It did not happen
over night. It has taken five tough, hard years to get where we are now.
can't...I will always remember in my mind the shocked look in the face
of John Lloyd and Paul Andrews when we sat down at that Justice Department
meeting in 1974 I guess it was, and we went through that and they heard
me say what I said. And I will never forget the look of horror that those
two very fine gentlemen had. And they pulled me off to the side right
away and said, what in the world are you doing. Don't you know what this
is going to do to the City of Miami? I said, I know exactly what it is
going to do. It is going to bring the Justice Department down into the
City to force us to do what we should have done a long time ago. And it
took beyond that, an additional three years to get any final direction,
but we are here now and so, perhaps there is an impatience. But the die
is cast, the message is very clearily written on the wall and we must
get on with the job.
ist
119
FEB 1
39. SELECTION OF P'EMBERS TO THE LITTLE HAVANA
COMMUNITY ADVISORY BOARD.
•
Mayor Ferre: Mr. Lacasa and Mr. Carollo, I asked for you to submit a list,
and as I have it now, and I'm going to read these names into the record,
and please correct them if they are wrong or you wish to add or subtract.
(Whereupon the names were read into the public record. See M-80-117)
That makes 23. Now, there is room for 2 more. Are there. any other additions?
Rev.
Gibson:
s the board
we're supposed to have a 15 man board?
Mayor Ferre: Well, the rule
would be better to have a 25
Rev.
gave
is 15 to 25 and the community decided that it
member.board.
Gibson: But, Mr. Mayor, we voted, had a
them -direction.
mandate.:
We voted,, had a mandate;.
Mayor Ferre: Father, what we did was we, voted, we requested for Lacasa,and.
Carollo to talk to different groups in the community, and conclude with a
recommendation..'-
Rev. 'Gibson: P•1r. Mayor,
read the minutes.
Mayor Ferre:
Rev. Gibson: I said let us stipulate how many on the board sothat•
when -
they come here today if a crowd, of people come you:will not increase that
number automatically. I.have no problem with the 15.,member board. I be
lieve that if you were going to get 25 you should have said 25. Now, I
wantto make sure everybody understands, I'm not angry with anybody. 1
have;:a responsibility:to the Latin community. and I hone my Latin brothers,
on the Commission feel a responsibility to blacks., Now,:I am, a --.Commissioner,
I want .to exercise my right.I.don't want 'tip turn that over to anybody.
You have that right to come back and recommend but I just cannot go: along
with the fact that you left here with the understanding of a.15man board.
Mayor
Ferre: That's correct.
Rev. , Gibson: And
now you come: back: here with 2
Mayor Ferre: That's
all right with me, I
Rev. Gibson:
Well,
correct, if you
'11 go along....
I don't buy -,it.
want, do you want to can it? That'
my thing is, Mr. Mayor, let's live by the rule-.
Mayor Ferre: Father, it has.been impossible to arrive at,15 people. Now..
if you want to.°disrupt, I perfectly ,willing, .I will support your vote and.
therewill be -no Little- Havana group, if you wisn to do -that....
Rev. Gibson: That is not the point, Mr. <Mayor,,I'm not opposed to a Little.
Havana group. I'm opposed to anybody leaving this meeting after specific
instructions changing the rule, of the game.
Mayor Ferre: Father, it was impossible to arrive at a concensus of 15
people. It was, therefore, concluded that the best way to avoid a serious,
division was to permit every different group to have proper representation.
That brings us to 23, there are 2 vacancies which I have no -objections to
people filling at the nextCommissionMeeting and 'if -your don't want -to, ac
cept that then that's fine too. I'm don't think anybody, should be forced
to do anything here.
Rev. Gibson: Mr. Mayor, let me tell you this. I. hope everybody understands
me,:I'm not angry with anybody. If, you set rules live by them,' then.every-
body knows what everybody knows. It is not right, it is not fair, not moral,.
not just. When.' raised the question -everybody agreed to a 15,man ;board.
Now if you're: going to change you'ought to come back here. This is the;',
beginning point.
120
FEB 121980
made a motion.
like to do?
Mayor Ferre: That's correct, Father Gibson. What would you liketo do?
There is a motionon the floor then by: Father Gibson..
Rev. Gibson:
mayor Ferre:
Rev. Gibson: Mr. Mayor, I don't have to make a motion, I'll tell you. You
all proceed, I'm not going to vote one way or the other.
Mayor Ferre:. Well, I don't want this to be something that anybodyfeels
uncomfortable about, I have no objection to delaying the decision on this,
to thenext Commission Meeting, if you want to have another public hearing
on it to see whether 15 or 25 should be..., if you want to go one by one,
I'll do it any way you want. I have no, I'm not up tight about this in
any way. So I think the Commission should be fully satisfied, I don't
think anybody should have any hesitation or any misgivings about the rules
or who was put on or who wasn't put on. If you want to put it off....
Mr. Carollo: Mr. Mayor and Father Gibson, when myself and Vice-Mayor'Lacasa
were appointed to handle this,, it's taken up a lot of our time... We've
spoken, to many people. I am open to any suggestion like the mayor .said. We.
thought that we were presenting the names that kept appearing, names that
were, suggested to us by the majority, of the organizations from Little'Havana.
This is going to.be_a. temporary appointed ,hoard to'my, understanding. If
we want to-vote.upon it one by one here we could do that, if we want it
deferred to the next Commission session we could do that, handle it. any
way that is wanted by this Commission. However, I certainly hope that:"
we keep in mind that this will be a• temporary board and soon I,hope the Com-
mission would make a decision on the whole process that we are to follow in
the future .in this.
Mayor Ferre: I'll tell you, since there isfour of us here I think Father
Gibson is correct about his concern and I agree with it and "I think, we
should not rush into this at this time and, therefore, I would like to re-
quest that the Clerk type up, the names, get the addresses andthe civic
and business responsibilities of theindividualS involved and circulate
this and we'll vote upon it at the next Commission- Meeting. That will give;
you two weeks and two days to consider the.names.and check them out and
look at it. Don't tell me, why don't you tell '..the -microphone :so that, it
is a matter: of record.; You: know, then people think, that you're telling me
something, that--- Put it on the record.
Mr. Jose Alvarez: .In view of the lawsuit tomorrow, the hearing, I mean
Thursday morning, you rnust find on the record as amatter of legislative.
finding that you are not impairing the functioning -of -the board bypost-
poning this decision. Otherwise, the,arguinent that the old board through
their attorney is using irreparable, harm could have some credence ,then, to
Rev. Gibson: All right, let me respond. I don't think you hear what I'm'
saying. • I have no problem with;25 man board, let me':say this So many
things happen in this City it makes,your head. swim ',They give us.telephones,
I have two --;that the Citypays.- for, two.- I; have:; two -telephones that,the ,City
pays for,.one at'the,church and one at my home and I'have,one in -the: Car,:
three then 1 have two here:. All I'msaying is if*you were`'going to. change
the"rule of the gameell' You had to do 'wee to pick up the telephone'and.say
to Theodore Gibson, Gibsori, we voted for a 15 man board instead of. 15 we
have decided We' ought to get 25. That's -all I'm saying. I have no prob-.
lem..? Now if you want......
Mayor Ferre: Father, as I understand. from. Commissioner Lacasa;and Commis-
si
oner Carollo this list was arrived at late today and the reason that this.
was`; arrived at by these different, is because we -had a submissionfrom all'
these different' community groups that wanted to be represented. Rather
than going through the process of selecting. one and rejecting another the',
decision was made, as I understand it anyway, separately by these lists that
started coming in that they all should be -submitted and that way, it isnot
a question of chosing one person over -another. -
Rev.
Gibson:. That's not what I'm saying, Mr. Mayor.
Mayor Ferre: Yes,well you see, you, say you should have been ,informed o
it, well you are informed it three hours after it occurred or four hours.
121
FEB 14: ���-�
Rev. Gibson: But Mr. Mayor, I'm going to say this and hush. Do whatever
you wish. That's not the way you run goverment and that's not the. way
you run a 'structure. Now the reason for having a 15 man board was I was
afraid the'sante darned thing would happen - it did happen. Now, all T'm
saying to -:you is my brother, when you tell me here it's just as easy to
go screen the people down to a 15 man board or if you can't change the
number. This is all I'm saying. I find it hard, I find it hard.
Rev. Gibson: I don't want to postpone it., The lawyer just said•
whether;
that's the 'way.it is .or not at least you; all -say here that's why you have
a City Attorney. You say that: tile 1.awyer. just' said -:that ;i£ you,.don't
have a board in place based on the lawsuit you're in trouble.:°A11 right,
go ahead and elect a 23 man board now and then for the other two.
Mayor Ferrel No, sir,. I think '.you're
and chose 15. I think you're right.
it but let's do it.
right. :.Let's go one by one and go
It's going to be the hard way:: to do
Mr. Lacasa: Mr. .Mayor, "I don't believe that we are under pressure on
account of the suit that we have to take this decision now and I do agree
with you that Mr Plummer is not here This is a delicate matter and it
mig::t be betterif we defer de'ilion. Dena, do we havea scheduled any
meeting of the Little Havana Community Development Task Force between here
and the--26th?.; We don't have any. Today ,.over =a million dollars has been
allocated to Little havana so there is no way thatin my opinion the,
argument. could be made that in any we are jeopardizing the area as far,
as CD is concerned because we don't appoint aboard today. George, how do
you feel about it?
Mayor Ferre: See, the problem is that you're, a lawyer and I'm not a lawyer.
What you are now doing is substituting: your legal judgement for our City.
Attorney's.
Mr. Lacasa:
That is precisely why,I am. asking George to answer this.
Mr. Knox: It is important that the continuity of the operation of. the
Board not be impaired., -.If there. is no, meeting to be scheduled and there
is no work on the board to be done between now and. the'next meeting of
the Commission.
Mayor Ferre: All right, here is what the Chair is going to rule unless
I'm overruled. We're -going to select .15, I think Gibson, is ,right. I,...
hate tot see itgo this way but I think we 'have no choice. Let's select
15, I'm sorry there are going .to be some ,people that are going to be of-
fended and that's life. And then if the Commission wants -to expand that'.`
to 25we'll do it deliberately at the next Commission. Meetingafter dis-
cussion: So -let us go about the process of, Selecting 15 at this time.
All right, I think the way to do it is just to rotate around and we'll:.
Mr. • Fosmoen:. ur One point in yoselection process, Mr. Mayor,,I don't have.`:
•
the names in. front of me but keep;in mind that one of<your policies is'.
no member of; _a board• .can 'be .funded by?CD.•
,
Mayor Ferre: That's correct..
Mr. Lacasa: No one
funded by..CD.
Rev. Gibson: Mr Mayor, maybe.i.'ll help this way. You tell me how we
could, electa 15, man boardtoday`-and.that.wepassa resolution that at
the next board meetingwe would; increase the number to 25.'.'That's all"
I' m saying. ' `, You tell me what to,:,',say and' I':ll behappy to offer such 'a
motion.
Mayor Ferre: I. think the'way to do it, do' you know-how,to do it? Why,
don't we put the'-23 names in, and chose 15 and just do it that way and,.
thos•
e. are the 15 that are chosen': and then we' can: decide at the next time:.
if we want -to expand it to 25. So.I'11 tell'you:;what'I'll do it so that
there`is no--- The names ;that we have...
Rev. Gibson: Mr. Mayor, since I: raised the question I'll feel happier i
we at this meeting chose a 15 man board with the understanding that at the
next meeting we will get the additional 10. So the 23 people that you
122
FEB 1 G 198t
have you'll only get 15 out of those, keep those others - I have no prob-
lem with appointing those other people - and get two more. That's all
T'm saying.
144.yor Ferre: All right, I'll write the names down and we'll just select
them out of a hat.
Rev. Gibson: Mr. Mayor,`I!d like to offer this as a suggestion: Let',s
pass a motion to increase the number to 25 right now. Okay?
Mayor Ferre: All right, there', is a`motion ,by Theodore Gibson that the,
Little Havana CD Temporary Board be increased froxn 15 to 25. Is there a
second? Seconded. by Commissioner Carollo. Further discussion? Call the
roll.
The following
its adoption:
motion was
introduced by Commissioner Gibson who moved
MOTION NO. 80-116
A MOTION.. TO INCREASE THE MEMBERSHIP OF THE LITTLE.
HAVANA ADVISORY BOARD FROM 15;'PERSONS 'T025 PERSONS.
Upon ;being "seconded by Commissioner Carollo, the motion was
adopted bythe following vote
AYES: Commissioner Joe Carollo
Commissioner (Rev.) Theodore. Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
"ABSENT:
ommissioner J. L. Plummer, Jr.
Rev. Gibson:
Mayor,'I
Mayor Ferre: I stand corrected, it
Rev. Gibson: The 22 names that you now have be used and that
be added at the next meeting.
Mayor Ferre: All right. There's a motion that the 22 names that have been.
read into the record be constituted as the board. There are three vacancies.
which will be, filled at the next meeting.
passed ;and,
•
move ,that, the
23 names that you
is 22 names.
now have
theother names
The- following "resolution was introduced by Commissioner,`Gibson,
its adoption
RESOLUTION NO.'.80-117
A RESOLUTION. APPOINTING 22 INDIVIDUALS TO SERVE AS
MEMBERS OF THE LITTLE HAVNA COMMUNITY DEVELOPMENT
BOARD FOR INDEFINITE TERM OF OFFICE.;
(Here followsbody of resolution, omitted here and on file
in the :office of the City Clerk.)
Upon being seconded by Commissioner Lacasa,
adopted by the following vote -
AYES:
NOES: None.
The 22
who moved
the resolution was passed and
Commissioner Joe Carollo
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Armando Lacasa
Mayor` Maurice A. Ferre
names are as follows:
Julio Balsaran
Alfonso Alberti
Reinaldo Cruz
Mario Godrich
Rafael De La Torre
Evaristo Marina
Rafael Diaz
Lazaro Albo
Alberto Calil
Humberto Hernandez
Raul Peruyera
Jose Devesa
Jose Ramon Garcia
Humberto Rodriguez
Tony Perez
Jesus Permuy
FEB 121980
123
Jaime Canaves
Desiderio Gutierrez
Julio Palomino
Rev. Martin Amorga
Hector Rodriguez
Eduardo Padron
Mayor Ferre: Now, Mr. Clerk, would you type out all those names, get their
addresses and telephone numbers and submit them to put them into the public
record. Dena, would you, would the Community Development Task Force then
call those people into a session, I'm afraid we're not going to be able to
wait until we have a full 25 so the 22 will have to meet and select a chair-
person. Okay, then have them come back with their chairperson at the next
meeting. Now, Mr. City Attorney, is this procedure now acceptable, what
we've done "now? Any problems?
Mr. Knox:
sir, no problem.
Mr. Lacasa: I want to ask you, George, this. As you know, there is -asuit
filed'in court in; relation to the procedures that we -use here concerning
this issue.
Mr. Knoxt
es, sir
Mr. Lacasa: What is your feeling about that, what is your reaction?
Mr. Knox: Without on the record revealing our strategy since the hearing is
scheduled. for Thursday ,morning it is our view that the City Commission' has
the power,to disban an entity that it created pursuant to the rulesand regu-
lations that have been promulgated by the federal government. The regulations
call for the City Commission to create a board and if you have the power to
create then You may dissentigrate by the same manner, in the same manner.'
Mayor Ferree Let me, George, for your information and forthe record so -that_
you can tell the:judge incourt, the people that havebeen selected are names
that have been submitted and represent the following civic organizations. in,
Little. Havana: The. Latin Chamber of Commerce, the Inter -American Chamber of
Commerce, the. little Havana Development Authority, Centro Mater which is a
Catholic day care so on and so on, S.A.L.A.D. which is the Spanish American
League Against Discrimination. (INAUDIBLE COMMENT) Yes, but the. individuals
don't receive it.
Mr. Plummer: (INAUDIBLE, AWAY FROM MICROPHONE)
Mayor Ferre: Well, Dena, obviously you're going to have to check out because
as 1.understand Jesus Permuy and Jaime Canaves are architects are architects
that are on their own,; they -serve on the board of Centro Mater but'they're
independent, 'they're architects,'.. they don't get money from CD. You're going
to have to verify all of this. ,The protestant churches are representedlby,
Rev. -!martin Amorga. So you.have Catholic,. Protestant and about 5 community..
based:
Mr. Carollo: Yes, Mayor, there are
Mayor Ferre:
Oh, the salesman.
Mr. Carollo: The Association of Salesinefl of Florida.
Municipalities being represented there too.
Mayor Ferre: The Chief of: Cuban Municipalities in Exile.
Mr. Carollo; You also have the National Society of Public Accountants
being represented there.
Mayor Ferre: The National College
Mr. Carollo: Those are all that I can remember at this point.
some more
You have the Cuban
of Public Accountants in Exile.
Mayor Ferre: So I would point out that there are at least
Havana community activists in that group.
Mr.. Carollo: You have two more that.I
ity.Communication and CB's of Florida.
Mayor
Ferre:
8 or 9 Little
just remembered, the Florida Commun-
All right, is there anything else
on this matter?
1.24
FEB 121980
•
40. DECLARE MONTES DE OCA, COSTA RICA A SISTER CITY.
yak
•1
Mayor Ferre: The City of Montes de Oca is a relatively small residential
community which is a suburb of San Jose, Costa Rica. The Vice -President
of Costa Rica requested personally that we declare the City of Miami a
sister City to Montes de Oca. I realize that our policy in the past has
been only to deal only with capitol cities and cities of certain size of
which this does not fit. However, the City of San Jose for reasons that
might be very obvious to those who read the newspapers and follow the af-
fairs of Cost Rica on a regular basis has a whole series of problems, some.
of them dealing with unions. Some of those unions are controlled by ele-
ments that are not overly friendly. So I think rather than get into that
kind ofhassle the thing really to do since Costa Rica is a friendly
country and has relations with the United States and is a participant in
the Trade Fair of the Americas and soon is for us to declare Montes de
Oca a Sister City and I would "respectfully.... I will move the motion
then, Armando, I will pass you the gavel and move the adoption of the City
of Montes de Oca as a Sister City.
The following motion was introduced by Mayor Ferre who moved
its adoption:
MOTION NO. 80-118
A MOTION. DECLARING MONTES DE OCA COSTA RICA AS SISTER
CITY TO THE CITY OF MIAMI, FLORIDA.
Upon being seconded by Commissioner Gibson,
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner. (Rev.) Theodore Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
the motion was passed and
41. DIRECT CITY MANAGER F CITY ATTORNEY TO ADVISE THE
CABINET THAT THE CITY COMMISSION DOES NOT CONSIDER
ISLANDS IN BISCAYNE BAY TO BE PART OF AQUATIC
Mayor Ferre: Now, we have also a resolution that must be passed with regards,
and let's see if I can word this right. The Cabinet will soon be deciding as
to whether or not Watson Island and other islands that the City owns are
within theBiscayne Bay Aquatic Preserve. I would like to offer a motion
saying that the City of Miami Commission through its City Attorney's Office
and through staff has brought to the attention of this Commission with a
positive recommendation'that we pass a resolution advising the Cabinet of
the State of Florida that. we do not consider any, of the islands. that:are pub-
lic property within the boundaries of the City of Miami as within the' Biscayne
Bay Acquatic Preserve:' In other words no public land in the City of. Miami
is within the Biscayne Bay Aquatic Preserve. That was the intent of' the
Legislature, it was clearly spelled out,and we so want to declare again on
behalf of the City Commission and I so move.
r.. ►; j aJ 1.r
c
The following motion was introduced by Mayor Maurice Ferre whomoved
its adoption:
MOTION NO. 80-119
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND
THE CITY ATTORNEY TO COMMUNICATE WITH THE CABINET MEMBERS
:OF THE:STATE:OF<FLORIDA TO CONVEY THE OFFICIAL POSITION
OF THE CITY COMMISSION OF THE CITY OF MIAMI THAT THE
:PUBLIC,ISLANDS:LOCATED IN BISCAYNE BAY ARE NOT CONSIDERED
BY THE CITY COMMISSION TO BE A PART OF THE BISCAYNE BAY
ACQUATIC::PRESERVE.
Upon being seconded by Commissioner Carollo, the motion
dented by the following vote
AYES: Commissioner Joe Carollo
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
42. DISCUSSION OF PLASMA FIRMS.
Mayor Ferre: We have not done "J", that's one really that needs our atten-
tion because that seems to be a problem now. I think we should perhaps ad-
ri,-Pss that don't you think, Vince?
Mr. Vince Grimm: Yes, Mr. Mayor and members of the Commission, I guess
there are two choices of action to you. One would be to pass a resolution
which would request that the Dade County Health Department who is the -responsi-
ble agency for enforcement of plasma agencies in Dade County take; stringent
action or if they're not disposed to do that for the City to work up a plan
for doing -it itself.
L. Grinun: ;The interpretation'that I have of•the:-present law now,the Dade,;
County Health ,Department, Department of Health is; the sole.agency responsi-
ble to see that I believe the concerns you have. are administered:to.: The
only concern-,that>the City has right now is -that the building is';in,the
proper zoning and; it has a certificateof occupancy. Other than that' the
City exercises no ,control.
Mayor Ferre: Well, the City may not have any control but the fact is that
those plasma centers are utilizing drunks and derelicts to take blood of '.
them. There was a major newspaper storyin the press last week about it
and I:think it is affecting the quality of life in downtown Miami.
Mr. Grimm: Well, that's why I suggested possibly your first of action might
be to pass a resolution to the Dade County Health Department requesting that
they stringently enforce'; those requirements that already exist in the law:,
Mayor Ferre: All right, and I think furthermore we should ask a representa
tive.of the Dade! county Health Department to come here to the, next,Commis
sion Meeting and address the issue. All right, is there such a motion?
All right, it has been moved and seconded that the City of Miami go on
record requesting Metropolitan Dade County to stringently enforce the exist-
ing laws which they are_not doing at this time.
Mr. Grimm: Well, that's the interpretation you've received from the -news-
papers.
Mayor Ferre: Okay, well we'll say astringently enforce the law and that
we'd like for them to come before the City Commission at the next meeting
to review this matter. Okay? Further discussion? Call the roll.
126
FEB 1 idw
The following motion was introduced by Commissioner Lacasa who moved
its adoption:
4
1
MOTION NO. 80-120
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER, TO
COMMUNICATE WITH THE DIRECTOR OF THE DADE COUNTY DEPART
MENT OF HEALTH TO REQUEST:
(1) STRINGENT ENFORCEMENT OF THE LAW AS IT
PERTAINS TO BLOOD PLASMA CENTERS OPERATING
IN THE CITY OF MIAMI;
(2) THAT A REPRESENTATIVE OF THE DADE COUNTY HEALTH
DEPARTMENT APPEAR AT THE NEXT CITY COMMISSION
MEETING TO DISCUSS THE CONCERNS OF THE: CITY IN,
THIS REGARD.
Upon being seconded by Commissioner. Gibson, the motion
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner .(Rev.) Theodore Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
43• DISCUSSION OF DELEGATES TO SISTER CITIES.
i
Mr. Vince Grimm: Under Item H, Mr. Mayor, generally the Commission delegates
or designates one of its members as the focal point for any sister city.
Mayor Ferre: For now I think you'd better my name. At this time, let's
review who has the responsibilities. Bogota, Columbia is myself. Cali,
Columbia is J. L. Plummer. Santiago, Chile, I would like to ask Commis-
sioner Carollo to accept that responsibility if he would.
Mayor Ferre: Lima, Peru I? would like to ask you. Father, I would like for
you to accept the responsibility of Buenos Aires if you would, along with
myself, if you would share that withme.
Rev. Gibson:',
Mayor Ferre: And I would like for both you and Carollo to sharethe responsi-
bility of Beersheba, Israel. if you would do that. And Armando, I would like,..
for, you to sharethe responsibility of Montes de Oca with me. Okay? Actually,
let's doitthis way: Let's put 'Plummer also with Bogota because he really,.
so the people are Bogota Plummer, Cali Plummer, Santiago Joe Carollo, Lima,
Peru Armando Lacasa, Buenos Aires Theodore Gibson, Beersheeba Joe Carollo'_ and
Theodore Gibson and Montes de Oca Arrmando'Lacasa and'I will beactive on all
of them which. I, think is the way. Okay? Is, that acceptable to everybody now?
127
r..— , r. a/�lj�'
FED •1 a.�:,J
44. DISCUSSION OF APPOINTMENTS TO THE ZONING BOARD.
Mayor Ferre: Mr. City Clerk, I would like to have the list for the Zoning
Board and the Alternate interchangeable. Is there a way of doing that?
Mr. Ongie: Just put all the names on one list you mean?
Mayor
Ferre:
Mr. Ongie:
Mayor Ferre:
Yes.
What
the legal requirementto do that?
just separated them because of the way they expressed
Mr. Ongie: Well, we
their, desire to serve on either particular board.
Mayor Ferre: Well, but you know sometimes people might not serve on a board,
they want to be on the board but if they don't make it to the board they.
might accept being an alternate. All right?
Mr. Fosmoen Not to correct the City Clerk, but I understand that we advertised
for the alternate position only. There are five names available to.you to
select for thealternate position.: If you wishthe names interchangeable -
then weshould readvertise and indicate that it is for either position and.
let people apply.
Mayor Ferre: All right, why don't you
ible'alternatives.
Mr. Fosmoen: There is a 30 day advertising period. What we would request
of the, Commission is that we at the next meeting fill the one vacancy on
the full time board member, advertise if you wish so that everybody can then
apply.for;the alternate.
Mayor Ferre: Let me understand this right. The people to the alternate are
Ramon;Alonso, Arthur Morrison, Aaron Manes, Pat Kolski and Selma Alexander.
Is that correct? It is my opinion that what we ought to do is appoint at
the next Zoning Board Meeting the vacancy and readvertise to let those people
who are the 18 people, 17 won't make it and if we let those 17 have the oppor-';.
tunity it might, so I would readvertise and let those who want to submit their;
name as the alternate to do so.
Mr. Carollo: I think it is a good idea, Mr. Mayor.
been some misunderstanding.
do that so that we have;all the puss-';
Mayor Ferre: I know there was. Okay? Are there further.. items to come before
this Commission at this time? Mr. City Attorney, anything else? Mr. Assistant
City Manager?
There be±ng no further business to come before the City
Commission, the', meeting, was adjourned at 7:20 0 Clock P.M.
RALPH G. ONGIU
CITY 'CLERK
MATTY HIRAI
ASSISTANT CITY CLERK.
128
MAURICE A. FERRE
MAY 0 R
10444041
",,a. ,. f
qk
CITY SEAL FEB 12 1980
CIT.f OF MMi
DOCUMENT
MEETING DATE:
INDE February 12, 1980
ITEM NO.
1
2
3
DOCUMENT IDENTIFICATION
COMMISSION ETRIEVAL
ACTION __ I CODE NO.
10
11
12
13
14
15
COMMISSION AGENDA AND CITY CLERK REPORT
AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE
ZONING ORDINANCE FOR THE CITY OF MIAMI
AMENDING ORDINANCE NO. 6871,;THE '?COMPREHENSIVE
ZONING ORDINANCE OF THE. CITY OF MIAMI
DESIGNATING THE FIRE TRAINING FACILITY AND
CLOSED CIRCUIT TV SYSTEM IN COCONUT GROVE AS A
CATEGORY B PROJECT WITH RESPECT TO THE PLANN-
ING AND DESIGN' THEREOF, IN ACCORDANCE WITH
SUBSECTION (5)(a)OF SECTION 16-17 OF THE CITY
CODE
AUTHORIZING THE CITY MANAGER TO'EXECUTE THE
AGREEMENT FOR FISCAL YEARS ;1979-80, 1980-81
AND 1981-82 WITH. MERCY HOSPITAL INC.
ALLOCATING THE SUM OF $30,000 (THIRTY THOUSAND
DOLLARS) FROM THE CONTINGENT FUND OF THE CITY
OF MIAMI TO EXPENDED BY THE CITY MANAGER.
AMENDING RESOLUTION NO. 77-480.
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF MIAMI AND THE LATIN CHAMBER OF
COMMERCE OF THE UNITED STATES IN ORDER TO
COOPERATE AND COLLABORATE IN THE TRADE AND
COMMERCE DEVELOPMENT OF THE AREA.
CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION
OF N.W. 20 STREET HIGHWAY IMPROVEMENT H-4361
IN N.W. 29 STREET HIGHWAY IMPROVEMENT DISTRICT
CONFIRMING A SUPPLEMENTAL PRELIMINARY ASSESS
MENT ROLL GLENROYAL SANITARY SEWER`IMPROVEMENT
SR:-5374-C`'
CONFIRMING A SUPPLEMENTAL, PRELIMINARY ASSESS
MENT ROLL FOR GLENROYAL SANITARY SEWER IM-
PROVEMENT SR-53-74-S
CONFIRMING ORDERING RESOLUTION NO..79-588
.,..,.L.;,,..�.... ORDERING RESOLUTION
AUTHORIZING THE CITY MANAGER TO ACCEPT FUNDS
FOR THE SOUTHEAST SYMPOSIUM ON THERAPEUTIC
RECREATION TO BE HELD MARCH 3-5, 1980
DESIGNATING NEWSPAPERS IN WHICH THE NOTICE
OF SALE OF CERTIFICATES ISSUED BY THE CITY OF
MIAMI FOR DELINQUENT SPECIAL APPROVEMENT
ASSESSMENT LIENS SHALL BE PUBLISHED
80-77
R-80-78
R-80-79
R-80-80
R-80-81
R-80-85
R-80-86
R-80-87
R-80-8
R-80-89
R-80-90
R-8092
0045
0046
0047
80-77
80-78
80-79
80-80
80-81
80-85
80-86
80-87
80-88
80-89
80-90
80-92
DOCU IViENT N DEX
CONTINUED Rii,EA
co,
CODE NO
TD1NO DOCUMENT IDENTIFICATION
16 ESTABLISHING APRIL 24, 1980, AT A DESIGNATED
TIME AND PLACE, AS THE DATE FOR A PUBLIC HEAR-
ING CONCERNING ISSUANCE OF A DEVELOPMENT ORDER
FOR NASHER CENTER.
17 AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED AGREEMENT BETWEEN LITTLE HAVANA
DEVELOPMENT AUTHORITY AND THE CITY OF MIAMI
FOR PROFESSIONAL SERVICES OF SAID AUTHORITY
IN THE DEVELOPMENT OF LATIN QUARTER IN CITY
OF MIAMI
18 APPOINTING AS MEMEBER-AT
LARGE OF THE ENVIRONMENTAL PRESERVATION REVIEW
BOARD
19 AUTHORIZING THE CITY MANAGER AND THE DIRECTOR
OF FINANCE TO ACCEPT THE SUM OF $631,29 AS
AND FOR THE PAYMENT OF SURPLUS CAMPAIGN CON-.
TRIBUTIONS FROM COMMISSIONER J..L, PLUMMER
20 AUTHORIZING THE CITY MANAGER TO SUBMIT A
GRANT APPLICATION TO THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD) FOR THE
PROPOSED COMMUNITY DEVELOPMENT PROGRAM DURING
. 19 80-" 81
21 WAIVING THE ORIGINAL DEADLINE DATE OF
FEBRUARY 1, 1980, FOR THE DEVELOPER, HOLYWELL
CORPORATION
22 WAIVING THE ORIGINAL DEADLINE DATE OF FEBRUAR'
1, 1980, FOR THE. DEVELOPER HOLYWELL CORPORA-
TION"
23 DIRECTING THE CITY CLERK TO PUBLISH A NOTICE
OF PUBLIC HEARING FOR OBJECTIONS TO THE AC-
CEPTANCE BY THE CITY COMMISSION OF THE COM-
PLETED CONSTRUCTION OF CRESTWOOD SANITARY
SEWER IMPROVEMENT SR-5432-C
24 ACCEPTING THE BID OF RUSSELL,
PROPOSED AMOUNT OF $232,828
25
26
27
28
29
30
ACCEPTING THE BID OF .M P'. CORPORATION IN`.
THE PROPOSED AMOUNT -OF:$139,021
ACCEPTING THE BID -OF .TAMIAMI CONSULTANTS, INC
D/B/A TAMIAMI PLANT SYSTEMS,:INC
ACCEPTING THE BID OF RINKER MATERIALS
ACCEPTINGTHE BID OF CONTROLLED ENVIRONMENTS:
OF FLORIDA
ACCEPTING THE FOLLOWING BIDS, FOR FURNISHING
CHEMICALS AND FERTILIZER FOR THE'DEPARTMENT
OF PARKS `
APPOINTING 22 INDIVIDUALS TO SERVE AS MEMBERS
OF THE LITTLE HAVANA COMMUNITY DEVELOPMENT
BOARD FOR AN INDEFINITE TERM OF OFFICE
ACTION
R-80-98
R-80-99
R-•80-1O(
R-,80-101`
R-80-105
R-80=106.
R-,80-107
R- 80 -10.8
R.""80-109
0
R-80-111`<
•
R"-80-"112
R-80-113
R- 80-114,
R-80-117
80-98
0-.101
80-105
80-1106
80-107
80,108
80-109
80-110
80-111
80-112
80-113
80-114
80-117