HomeMy WebLinkAboutCC 1980-01-24 Minutesf
CITY OF M!AMI
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Eli ES
January 24,'1980`':
OF
MEETING HELD ON
(REGULAR)
(PLANNING AND. ZONING)
RALPH G. ONGIE
CITY CLERK
CITYIOESSIGiJ OF MIAMI, FLARIA4
PLANNINGZONING - (REGULAR) JANUARY 24, 1980
SUBJECT
QRDINANCE OR
KKEESOLUTION MO.
PAGE NO.
1
2
3
4
5
C 6-
7
8
9
SLIDE PRESENTATION ON BEHALF OF THE FLORIDA MARITIME
MUSEUM, INC.
DISCUSSION ON BICENTENNIAL PARK -INSTRUCT CITY MANAGER
TO REPORT WITH SPECIFIC PROPOSALS ON POSSIBLE
REDEVELOPMENT OF RESTAURANT LOCATED IN BICENTENNIAL
PARK
REPORT AND DISCUSSION OF THE POSSIBILITY OF THE
CITY OPERATING A HOUSING AND URBAN DEVELOPMENT AGENCY
DISCUSSION OF DESIGNS OF THE ALLAPATTAH, COCONUT GROVE
AND VIZCAYA RAPID TRANSIT, STATIONS
DISCUSSION OF DATES FOR THE 1980 SUMMERBOAT SHOW
DISCUSSION OF BISCAYNE RECREATION MANAGEMENT AGREEMENT
DISCUSSION OF DOWNTOWN SPECIAL SERVICE DISTRICT
DISCUSSION OF JOSEPH COOK VS. CITY OF. MIAMI ET AL
(SEE RESOLUTION NO. 80-33)
PRESENTATIONS AND PROCLAMATIONS
10 PERSONAL APPEARANCE: DAVID T. KENNEDY-REGIONAL GOLDEN
GLOVES TOURNAMENT (WAIVE RENTAL FEES, ETC.)
11 PERSONAL APPEARANCE: GRACE ROCKAFELLAR-DISCUSSION ON
STATUS OF SERVICES RENDERED BY EDWARD CARHART
12 ACCEPT URBAN DEVELOPMENT ACTION GRANT OE $4,994,000;
FROM THE U.S. DEPARTMENT OF HOUSING 'AND URBAN
DEVELOPMENT FOR CONSTRUCTION OF THE NECESSARY SUPPORTS
AND ATTENDANT FACILITIES FOR AN AIR RIGHTS PROJECT -
PA
RKING GARAGE CITY OF MIAMI/JAMES_L. KNIGHT
( INTERNATIONAL CENTER
13 PUBLIC HEARING: TO HEAR CITIZEN INPUT/COMMENTS IN
CONNECTION WITH THE PROPOSED 6TH YEAR COMMUNITY
DEVELOPMENT PROGRAM
14 PERSONAL APPEARANCE: GRACE ROCKAFELLAR IN CONNECTION
WITH POSSIBLE REVOCATION OF LICENSES OF CERTAIN
FACILITIES
15 CONTINUATION OF PUBLIC HEARING IN. CONNECTION WITH
THE 6TH YEAR COMMUNITY DEVELOPMENT PROGRAM
16 ASSESS FEES FOR SPECIAL, OFF -DUTY POLICE SERVICES
17 " AUTHORIZE ISSUANCE OF PARKING FACILITIES REVENUE
BONDS NOT TO EXCEED $8,725,000
18 AMEND ORD. 9000 BY TRANSFERRING FUNDS FOR MOTOR POOL
MAINTENANCE, MACHINERY AND EQUIPMENT REPLACEMENT
AND FURNISHINGS FOR. NEW CITY'ADMINISTRATION BUILDING,
19 AMEND ORD. 9019:.JEFFERSON STREET PAVING PROJECT,
WATSON ISLAND, DEVELOPMENT, BLUE LAGOON AND ELIZABETH
VERRICK GYM RENOVATIONS
M-80=32
DISCUSSION
DISCUSSI
DISCUSSION
DISCUSSION
DISCUSSION
DISCUSSION 60-
1 - 8
- 10
10-20
R-80-33
20-27
2S-&3
4 a- 60,)
61-66
DISCUSSION 66
M-80-34 67
DISCUSSION 69
R-80-35 70
DISCUSSION
DISCUSSION
R-80-36
M-80-37.
ORD. 9059
ORD. 9060
ORD. 9061
ORD. 9062
74-87
87
88-108
109
111
112
113
11134 ND.
Y�I
CIIMOF MIAMI, FLDRIDA
(REGULAR) JANUARY 24, 1980
SUBJECT
20 AMEND SECTION 36-13 OF THE CODE BY MAKING IT UNLJ
TO MAKE ANY LOUD OR UNUSUAL NOISE IN RESIDENTIAL
NEIGHBORHOODS
21 SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY
GRANT FRANCHISE SUBJECT TO APPROVAL BY THE
ELECTORATE
22 CALL SPECIAL MUNICIPAL ELECTION -SOUTHERN BELL
TELEPHONE COMPANY FRANCHISE''
23 AUTHORIZE LEASE AGREEMENT WITH JULIUS C..SMITH
FOR OFFICE SPACE AT 1026 N.W. 2ND AVENUE
24 AMEND RESOLUTION 79-430-FIFTH YEAR 'COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS BY REALLOCATING
$57,186 TO COCONUT GROVE MENTAL HEALTH CENTER
25 INCREASE ALLOCATION FOR WYNWOOD ELDERLY CENTER,,INC.
BY $3,000-FIFTH YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS
26 GRANT PERMISSION.TO CONSTRUCT AN ELECTRICAL SUB-
STATION ON VIRGINIA KEY
. 18& 19 STREETS
27 N.E. 2ND COURT
28
PAGE #2
tI NANCE
OUsTION NO, PAGE NO.
Y
ALLECLOSURES-BLOCK BOUNDED BYN.E
BISCAYNE BOULEVARD AND .N.
EXTEND REQUIRED, TIME FOR REMOVAL OF TWO RESIDENTIAL
HOUSES ON PARKING. LOT AT TAURUS STEAK HOUSE FOR
THREE YEARS.
29 GRANT CONTINUED USE TO UTILIZE A PORTION OF ATHLETIC
FIELD FOR OFF-STREET PARKING FACILITIES-
EVERGLADES
SCHOOL
30
31
32
33 :
34
35
36
EXTEND CONDITIONAL USE FOR CONSTRUCTION OF A PUN AT
3080 N.W.:16TH STREET
PLAT ACCEPTANCE -NATIONAL LINEN PROPERTIES
COMMEND UNITED TEACHERS OF DADE ON ITS FIFTIETH
YEAR OF SERVICE TO PUBLIC EDUCATION
DESIGNATE PARKING STRUCTURE PROJECTS AS CATEGORY
B PROJECTS _ WITH .RESPECT TO PLANNING AND DESIGN,
APPOINT MORRIS:.I.,.KAUFMANN AS CHAIRMAN OF CO?H'ETITIVI
SELECTION COMMITTEE
ENDORSE CLOSE UP CONCEPT AND FLORIDA CLOSE UP PROGR.A
AS BEING WORTHY OF SUPPORT
ACCEPT ECONOMIC ANALYSIS AND DEVELOPMENT STRATEGY
STUDY PREPARED BY GLADSTONE ASSOCIATES ,INC .
ACCEPT COMMUNITY ECONOMIC DEVELOPMENT DEMONSTRATION
PROJECT PREPARED BY THE NATIONAL URBAN DEVELOPMENT
SERVICES CORPORATION
114
117
121
i1Th NO.
CIiYICOhMISSIcif OF-h11AM1, FLORIDA
(REGULAR) JANUARY 24, 1980
%EJECT
PAGE #3
INANCE OB
OLUTION NO. PAGE NO.
37
38
39
40
40.1
40.2
40.3
40.4
ACCEPT, COMPLETED WORK BY ORLANDO MENDEZ, INC.
FOR DINNER KEY RECREATIONCENTER/EXHIBITION HALL
CLAIM SETTLEMENT-VIOLETTA'CHAVIANO
APPROVE ISSUANCE OF PERMIT FOR THE EXPANSION OF
THE PORT OF MIAMI FOR LUMMUS &SAM'S'ISLANDS
CONSENT AGENDA:'
ACCEPT COMPLETED WORK -CONVENTION CENTER PHASE I-SITEi
EXCAVATION, AUTHORIZE FINAL PAYMENT TO JOE"REINERTS01
EQUIPMENT `CO.,"INC .
GRANT SIX-FOOT EASEMENT AT 5050 WEST FLAGLER STREET
TO SOUTHERN. BELL TELEPHONE AND TELEGRAPH CO. FOR
COMMUNICATION 'PURPOSES
"
BID ACCEPTANCE -ORANGE BOWL -UPPER LEVEL CONCESSION
AREAS
BID ACCEPTANCE -TRIPLEX MOWER FOR DEPT. OF LEISURE
SERVICES
40.5 BID ACCEPTANCE -SOUND MOVIE EQUIPMENT-DEPT. OF POLICE
40.6 BID ACCEPTANCE -OFFSET DUPLICATOR FOR DEPT. OF
BUILDING AND VEHICLE MAINTENANCE
41 AUTHORIZE CITY MANAGER TO EXECUTE MANAGEMENT
AGREEMENT WITH BISCAYNE RECREATION
42 AMEND SEC. 50-78 OF THE CODE -AUTHORIZE CITY MANAGER
TO ESTABLISH DOCKAGE RATES FOR DINNER KEY MARINA
43 APPEAL BY"JEFFREY,TARDIFF VARIANCE'ON HEIGHT
} RESTRICTION FOR FENCE AT 3590 CRYSTAL VIEW COURT
44
45
46
47
48
PLANNING DEPARTMENT APPLICATION-MIAMI RIVER
COMMUNITY REDEVELOPMENT PLAN, ETC.
APPEAL ZONING BOARD'S DENIAL OF VARIANCE FOR FLOOR
AREA RATIO AND SETBACKS-3209 - 31 AND 3301 - 03
SOUTHWEST 27TH AVENUE AND 2667-75 SOUTH BAYSHORE
DRIVE
APPEAL ZONING BOARD'S DENIAL OF A VARIANCE FOR
PARKING REQUIREMENTS-6200 BISCAYNE BOULEVARD.
(THE SHALIMAR MOTEL)
DISCUSSION OF STANDARD PROCEDURES FOR ELECTION OF
COMMISSION APPOINTED BOARDS (DEFERRED)
FIRST AND SECOND READING ORDINANCE: AUTHORIZING.
ESTABLISHMENT OF A GARBAGE,. TRASH AND RUBBISH
DISPOSAL FEE
R-80-53
130
R-80-54 130
R-80-61
R-80-62
FIRST READING
t
IND
CITYlPSSI(SJ OF MIAMI, rtARI114'
:'(REGULAR) JANUARY 24, 1980
PAGE #4
SUBJECT
DINANCE OR
SOLUTION No,
PAGE ND
49 APPOINTING THREE MEMBERS TO THE CIVIL SERVICE
BOARD, OF THE CITY OF MIAMI
A RESOLUTION INDICATING' CITY COMMISSION'S INTENT TO
EXCLUDE FAST FOOD RESTAURANTS AT DINNER KEY
51 AMEND THE CONSTRUCTION AGREEMENT WITH FRANKJ.
ROONEY, INC. FOR CONSTRUCTION OF THE CITY OF MIAMI
UNIVERSITY OF MIAMI JAMES L KNIGHT INTERNATIONAL;
CENTER
50
52 MOTION TO EXTEND PREVIOUSLY GRANTED VARIANCES AND/.
OR CONDITIONAL USES TO MR. GOULD'(BALL>,POINT PROJECT)
TO A DATE NO LATER THAN FEBRUARY 12, 1980
53 (A) LUNCHEON FOR THE CONSULAR CORP.
(B) REAPPOINTMENT OF MEMBERS TO AFFIRMATIVE ACTION:'
BOARD
(C) CORRECT RECORD ON VICTOR;LOGAN
(D) QUESTION CONCERNING HUMBERTO CORTINA
R-80-68
R-80-69
M-80-71
181
181
E
182-18
184
DISCUSSION 185
CITY COMMISSION OF MIAMI, FLORIDA
On the 24th day of January, 1980, the. City Commission of Miami, Florida,
met at its regular meeting place in the City Hall, 3500 Pan American Drive,
Miami, Floridain regular session.
The meeting was called to order at 9:10 A.M., by Mayor Maurice A. Ferre
with the following members of the Commission found to be present:
Commissioner (Rev.) Theodore R. Gibson`
Vice -Mayor Armando Lacasa
Commissioner J. L.-Plummer, ,Jr.
Mayor Maurice A. Ferre
ABSENT:
ALSO PRESENT WERE:
Commissioner Joe Carollo
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 allegience to the flag
A motion to approve the minutes of the September 27th, 1979 meeting
was introduced and seconded and passed unanimously.
1. SLIDE P''ESENTATIOi: OF. BEHALF OF THE FLORIDA M .RITIME P?USEUf:, Inc.
Mayor Ferre: We now have item "A" which is a slide presentation on behlaf
of the Florida Maritime Museum. Mr. Manager.
Mr. Trent German: My name is Trent German. I am a resident of Miami, Florida
for an excess of thirty years. My wife's family originally came here
about 1922. It is a pleasure for me to tell you about the Florida' Maritime
Museum. A project that we think will be one of the<great projects of the
80's and one in which this Commission can participate. Now if we can have
the lights down we'll proceed with our presentation. Since the Spring of
1979, an idea has captured the imagination and enthusiastic support' of
dozens of influential persons in our coininUnity who have. quickly become,_ -
advocates for the Florida. Maritime Museum. Five hundred years of maritime
history under one roof. Historical and relevant, exciting and continually
from Fort Jefferson to Fort Clinch. From Saint Augustine
to Ceder Key, from San Salvador to Sanibel. A maritime center on the
City's waterfront with exhibits, entertainment,.library and archives reflecting
the marine heritage of Flordia and the Caribbean. The Florida Maritime
Museum is an outgrowth of five prominent coiiununity, organizations. The
Greater Miami Chamber of Commerce created Third Century, U.S.A., Miami's
Bicentennial organization. Third Century asked the Marine Council to
sponsor a series of marine activities which became C-76. Miami's version
of Operation Sail. To fund C-76, the Florida `Admirals's.Reform, an
organization with a goal of presBrving our marine heritage. ,The Florida
Admirals, early in 1979, created the Florida Maritime Museum,`Incoproated,
IST
"JAN24
aFlorida non-profit corporation with full tax exemption status applied.
The museum will bring a long list of benefits. It will be designed to
appeal to all cultural and ethnic groups. We have established liaison
with the Latin community and are seeking it with the Black community.` It
will support tourism from North America, from Latin America, from Europe,,
And from the Caribbean. It will provide a continuing source of entertainment
and education for our growing population. Young people from kindergarten.
through college. The library and archives will be an aide to serious
researchers and graduate students. The museum will add to and enrich -our -
cultural and educational resources. Continual tall ship visits and
regular exhibit exchanges with museums throughout the world and a program_
of exhibit updating will ensure repeat visits from resi6ants and visitors.`
The museum's auditorium and other public rooms will serve as an appropriate
meeting place for local, civic and marine oriented organizations. A
location on or near Miami Harbor...and we will mention specific locations '..
later, will complement other developments and attractions. Watson Island,,
the cruise ship port, Miami Beach's South Shore development, the
Complex, the World Trade Center, Knight Conference Center, Claughtwr. "sland,
the Miami Center...that is the Ball Point development-, the government
center and new waterfront hotels. As important as any of these benefits
is that the museum will be an effective utilization of waterfront, property.;
Imagine a structure suggesting in its design a maritime` theme with visiting tall
ships moored nearby, with ample grounds, space and vistas.; Our goal
is an attraction so appealing visitors will come here or stay an extra
to see it. The museum will contain over fifty categories of maritime
history. An exhibit and visual presentation for'. eachcategory.: Recorded
history will be available in the library for all.; categories. `A'few of
these categories are; tall ship, piracy, treasure, treasure hunting, all of
which our history is richly endowed. Biscayne Bay, its sailing' history,
the development of ports from Jacksonville to Port Everglades to Key West,
to Tampa and Pennsacola. And including the worlds largest passenger`.
terminal, the Port of Miami. Our unique inland and coastal waterwaysystem,
yachting, from France to the Southern Ocean racing circuit. Power boats,
inshore, off shore, designing, building, angling,. game fishing,;, bridge
fishing, bay fishing, commercial fishing, sponging to lobstering and
shrimping. A maritime organization, such as"the Coast Guard, the Navy,
Coast Guard Auxilary, Power Squadron, Florida Marine Patrol and others. And
these are but ten exhibit categories of the fifty that. we have already
identified. It's obvious then that:: we are talking.of a multi -million dollar
center with a minimum of fifty thousand square feet, and eventua? -
requirements of one hundred to one hundred and fifty thousand'square feet..
This project is viable. Here are some of'the reasons for expecting success.
Throughout the nation there are:over forty; maritime` museums. Obviously,'
there is great interest. Some successful, and growing: museums are; the Newport
News, Virginia Museum, the Peabody: Museum' in Massachusetts, Mystic 'Seaport
in Connetecut, and South Street, Seaport in Lower Manhatten. A wealth, of
exhibit material is available, models, artifacts and documents. There`
may be a problem screening exhibit offers. Numerous funding sources
exist. The Maritime Division of the National`Trust for,Historical
Preservation is one. Over five million dollars in matching funds allocated
last year. Our plans call for funding from governmental, commercial and
Private sources. Our museum charter provides for a non-profit :tax exempt
corporation. We have a realistic five phase plan. Phase one, is site.
acquisition on or near Miami Harbor. Phase two, the assignment of category
chairman. The development of exhibits, major fund solicitation and publicity
campaign. Phase three, staffing and hiring, building design and
construction, exhibit design and fabrication,: and the development of a
visiting ship schedule. Phase four, a grand' opening period, and phase five,
on going musuem operation, phased expansion and continuous updatingof the ,
library and exhibits. Some of the people working of; this project, and every
day the list grows, are; Alex Baugh, a native Floridian with a record
civic accomplishment. Richard E. Briggs, Executive Direction of the Marine
Council; Rear Admiral Robert W. Durphey, U.S. Coast Guard, retired and former
Commander of the Seventh Coast,Guard District. Captain Julian; Fernandez,
Chairman, Biscayne Bay Pilots. Ernest R. Gurlack, Director of, Metro
Transit Authority. W. Trent Chairman and Trustee of, the Florida Maritime
Museum, a retired manufacturer: Captain A. G. Linstaad,.o£,the Royal
Caribbean Lines, Daniel J. McGoff, President'.of the Admirals `of the`:
Fleet of Florida; Silman Mayer, Publisher, Miami Magizine andformer
Chairman of Third Century, U.S.A.; George E.'Patterson, Admarility'laywer
02
ist
and prominent yachtsman; William G. Sawyer, President of the Marine
Council and Chairman of the Miami Waterfront Board. Howard Slotnick,
Miami resident and a member of the South Street Museum Seaport.and`
New York's Board of Directors, and treasurer of New.York'_s OperationSail..
Rear Admiral I. J. Stevens, U.S. Coast Guard, retired, leading developer
of the Miami Cruise port; Albert Vellecki, Director of. Development,
Rosenstiel . School of Marine....School of Marine and, Atmospheric Science,
Dr. Herbert Virgin, internationaly respected orthepedic surgeon and prominent
yachtsman. So we ask for your endorsement of this exciting project.
We have shown you the genesis of the idea for the Maritime Museum, we've
outlined the benefits to the community, we've given,; you a glimpse
of the scope and nature and look of the museum, and we've shown that it
is a viable project. We've named a few community leaders who:; are giving ,
their active support. Most of them are here today.' Now, this is what
we ask of you. Your support of this valuable;addtion to our community,
a resolution in the form of an endorsement by the City Commission by
establishing an active liaison with our group, by the assignment �f.a
department or individuals to work with us. By making a site. available
where we can establish the reality ofthis exciting contribution to th
educational, entertainment, and culturalfabric of our community. Finally,
by accepting our invitation and our welcome to; you, Mr. Mayor and Commissioners,
to join us in this project of ,the Admirals of the Fleet of Florida_. Ie
thank you for this opportunity. to make this presentation. I'm sure you '
have some questions and we hope we can answer them.
a
Mayor Ferre: All right. Thank you, sir. Can we have the lights on?
And now I'll see if there are any questions.
Father Gibson: I heard you say about a site. Where?
Mayor Ferre: Well, they have .three sites .Four sites. Their preference
is Bicentennial New World Park. The second is the FEC property. The
third is Bayfront Park and the'fourth"is South Beach. Is that right?
Mr. German: That's., right.
Father Gibson: I, see.
Mr. German: We have mentioned there are site: criteria and one of the
important things is a site for visitingtall ships...can dock. A; site
where the visiting vessels where other nations in the world can come and
be on display for a public exhibit and visitation.; We think this is
most important. Captain Fernandez here can probably tell, you something
about the opportunity of visiting tall ,ships. I think three;: or. four ;would
like to make Miami their winter headquarters if we had a place for them
Mayor Ferre: Captain Fernandez. Good morning to you, sir.
Captain Fernandez: Good morning, Mr. Mayor.
Mayor Ferre:. I've only got one question of you. And that is,
this is not going to 'interfere with the turning basin.
Captain Fernandez: No, we're., certainit won't. That area.. the area.
that we envisiofl as the docking area for the visiting tall ships is well
to the West of the actual turning`' basin.
are you sure
Mayor Ferre:, I don't think, from, what, you said, what.:has been said here.
this. morning, that Bayfront Park would be an acceptable,locationbecause
you don't have any depth there..
Captain Fernandez: No, that's true. That has silted,in when the old;
seaport slips were pumped up, the -silt flowed back into the; basin.; in that
area, as you. recall, when youand the City, Commission wanted:to:bring`; in
that U.S. 'Naval vessal during 76. We didn't have the;water`.available
there. But in the old;P and:0'property; the FEC.property,'the one remaining
slip is still operational. There is the depth there.'
N241980
ist"`
Mayor Ferre: All right. Any other questions or statements?
Mr. Lacasa: I have a comment. I believe that this is something, that
we really have to pursue. It is a tremendous addition to the City of
Miami to have this sort of exhibit in Miami. It is one of the very
few things that we can really offer of value in this community. And to.:.
me the site of the. Bicentennial New World Park is the most appropriate.
And the reason is this. Bicentennial which' is a very nice site, is
just a patch of green nowadays in downtown Miami we are not using. By
that I mean, the City residents or the tourists, Bicentennial so far
has been a waste. So to me, quite frankly, this idea is more than welcome
and I do not only support this idea but I am going to become an active
advocate of this idea here in the City Commission and elsewhere.
(APPLAUSE)
Mayor Ferre: All right. Further
Commission at this time?
Mr. Plummer: Let me just get it up front because the main question
always comes to a bottom line. The words port starts with an"s"and usually
has two lines running up and down. And I think this Commission should
know before we whole-heartedly,:which I think everyoneof us want to do,.
to endorse the project, and the Manager is sitting over`. here with a
very tight checkbook...what are you looking to in dollar support?
German:
From the City?
Mayor Ferre: Well I think the main question really is where are you 'going
to get ten million dollars to put up a fifty thousand square foot
building. That's really what...
Mr. Plummer: Well, I think overall, what particiPati0n.It's` nice
to pass a resolution, it's nice to havea liaison, .it's nice to haveall
of.that but, you know,,I would feel very bad if the City passed all those
beautiful resolutions and then you come back later on and .we.said, oh,
we never realized it was going to be that much money. I'_think it really,
you know, it would be.well...whether you want to do it.this morning
or in the immediate future, I think :the Commission should know, what are
you really looking to us for besides a site? That's up front..
Mr. German: We're looking to you for a site. And we.think from there,
we can raise by public, private and commercial;subscription another,:
fifteen million dollars. Now we are talking'of around twenty-five million
dollars total. Including the value of ,the site. •And we- are. thinking only
in terms of the finest museum in the world. And I've visited museums,
throughout the world. We're thinking of a musuem that today we twill`
be taking photographs of the Miami River, and ten years from now somebody
will want to know what itlooked like in 1960. This`is...we're more than
a museum, we're thinking of a maritime center and tondo that, we think.
it would take twenty-five or twenty-six million dollars. Withland`
evaluation of around ten million.
Mr. Plummer; So what you're really looking then to the City for is a site.
Mr. German: That's
Mr.
Put it up front.
Mayor Ferre: Let me make my...I don't want tobe the bad guy here because
I. want to start off by saying I'm totally infavor -,of the museum Let me
further say that this community has indeed been fortunate to have been
served by a marine industry id people who had vision like Admiral
Stevens, who is with us who ds one of my heros...Miami heros, people that
have made Miami what it is. If'hehadn't had the fortitude and the
courage and the strength, along with many others, to fight off right
from the beginning the Miami Herald for example, who was so violently against;
JAN 2 41980
ist
that port, if'we had'nt had people of stamina, like Mitchell Wolfson and..
others,.who kept on insisting that we had to have that port and got it
through, we wouldn't be where we are today. And the battle has not.
beeneasy over the years. Those of you that have served maritime
interest and..whether it be through the Propeller Club, or the different
councils, or the boating councils; have had a difficult time to get a lot
'of people to understand the value and the importance. I cannot think of
a more important project than to put together a good maritime museum.
Now, what's my hesitation. In the first`place,"there are maritime
museums and there are maritime museums. There are maritime musems
all over this nation. Some of them are very impressive. Some of then are
not worth a tinkers damn. I would hate to have something approached...
I'm going to say something that's critical and I hope it's understood
properly. I sat on this Commission, and I think ,h
I'm the only oneere that
sat on this Commission when we turned over a very'valuable piece of
property to Dr. Walton Smith -;so that a.sea museum would be created. And
we did that...it was prior to 1970. NO?
--
Mr. Plummer: I was on the Commission.
Mayor Ferre: Planet Ocean..well
Plummer:`
Mayor Ferre: Okay. It<`doesn' matter...
Mr. Plummer: We gave. up ten acres, and;they
invitation to the opening I was here.
Mayor Ferre: My concern. .it's bad enough that we didn't. get an invitation
to the opening, that is absolutely true. I`.was "there at thegroundbreaking:...
you're right J. L. because at the groundbreaking :;I was, already Mayor".so"
it was probably. ...well anyway, whatever the case is, we turned over
ten acres, and yes, they raised the money, but as most; of .you know, and
at least...let me put it ..let me rephrase that. In my opinion, that:
museum is a failure. It is in my opinion. And that's not .to say .that •
some other people might" think that itis very successful. But for what
it was to be, what it was intended to be, it was``supposed"to.be a great
magnet to draw tourismand the community would be so proud of it. It' was
going to be the major museum in the world on oceanography and the ocean.".
And, it's nice, I'm not saying that it isn't, and. if I had it to do over'
again, I'd probably agree to give them ten acres all over :again. But it
isnot what it supposedto be Anditcertainl is not and museum on oceanography that pit was the. -..great,;
waspurported.',to be
exhibition hall
when we began. So what I'm saying .is, I'm all in favor of a"maritime..
museum but to raise fifteen million and to make a stellorproject"out.
of it, we have to think this thing very carefully, we`;,have'to know
where we are going, what will it .be when it's finished, how"is'it going.to
be maintained, who is going to run it, what kind of exhibits are we going
to have. I mean, what is itgoing, to be? ;;Becasue,if what' we are
putting up is a building to put photographs of,the.Prince Bismark, or
what Miami looked like in 1900 and 1980, frankly, I'm not very excited
about it. But if what we have is a real honest to goodness'maritime
museum that is done on a first class order, I think then I' could very
excited about this. So; I think passing'the resolution by this Commission
is a relatively easy thing to do. I don't"think...everybody is'for,motherhood
and apple pie. The next steps 'are harder. And that .is beyond the
liaison, selection of the location and' how is this going -to 'be "operated.
and run, who is going to run it, what is the City's responsibility if any,
how does it fit with the rest of it...we can't.,.:I Mean, Bicentennial.
Park, right now in my opinion, is a fifty;` million dollar piece of
property. We're not going"to turn over ten...I'm saying that the value
of it, to the welfare of this community over the "years to come is a fifty
million dollar property, Bicentennial Park.
Mr. Plummer: You mean the whole park, Mr. Mayor.
Mayor Ferre:
ist
Well, sure. Let me put it to you this way. It is a five
hundred million dollar piece ofproperty; because God isn't making any more.
waterfront land in Miamit in Bayfront Park. And...
r. Plummer: Mr. Ballis still trying to.
Mayor Ferre: Mr. Ball has nothing to do with this as this point. We're'
talking about the value of this as a park for the future generations of
Miamians. And it has no value. It's worth twenty billion dollars. Who
knows what it is worth. It has not. value. It has no price for...if you
take it into the context of what it is that we have. And I think it's
a very serious decision for the people of Miami and future generations:
as to what we turn over. We have a park that has a total of what? About
twenty-eight, twenty-nine acres. For us to turn over ten acres, we're
turning over a major portion of that park. What's the entry? How does
it...how do you go in and out? Where do you park? There,are a lot of
questions that have to be answered to this. And therefore,,I thin we've
got a long way to go. And therefore, I guess what I'm saying is thin
we should really plan this carefully. ;You asked: for three things. Y ..
asked for a resolution. I think that's_.a fairly. simple "thing to get.
Then you asked for liaison, and I'd like to ask Commissioner.Plummer..
to serve as liaison from the Commission, and'I think we need somebody
from staff on that, Mr. Manager, who I' would; ask you to, appoint to work
with Plummer on this and come back to the Commission And I'think we may
have to go out and spend some money to get soxne studies done on planning,
ingress, egress, and how it impacts the rest of the property. And then,
the third thing, is I really, before'we get much further on,:that,we,would
need to know where the money is coming from and how you plan and then
put a deadline. Is it five years? Are you going to raise the money over
a five year period? And if you can't doit.by that time, we have:to put
a cutoff point. Because once you get started on these things, you'know,
it's a never ending process and. you never know. .And we can'.t tie-up a
piece of property like that on sornething that may or may not be,a -
reality. So we've got to put a time frame.` Are you going to do it for
twoyears, or five years, or what have you. So, are there any other
comments? Yes, sir.
Mr. German: Mx. Mayor, and Commissioners, we certainly would think that
five years would be a fair time frame. Our;;. goal. is two years after the
acquisition, of the property. I think you can. see fromthe gentlemen ..
who .are, here supporting us this morning,and all' of whom are active in
this organization, and we have no intention of looking at it as"a-failure
when we have people here who are experienced in the problems of parking
and transportation: We have no intention of covering beautiful
Bicentenntial Park with a big concrete path . And we.have.people who are
active in all the fascets that you mentioned,. and' infact, this..`coming
Wednesday our finance, committee is meeting .and perhaps we can give you'•
a summary of; the results of that"meeting. Thank you..;
Mr. Lacasa: Mr. Mayor, I'd like to add. this. About two months' ago I,
raised the question of Bicentennial Park. It was a coincidence to -rile .
that they now come with this idea. Bicentennial- is indefinite need" of
some kind of activity.
Mr. Plummer: Of what?
Mr. Lacasa: Of some kind of activity in there. The concept of.<a passive
park indowntown Miami -hasn't. worked. It doesn't work for Bayfront Park
and it does not work for, Bicentennial. Actually, Bicentennial.,is becoming
a dangerous area. Very ugly incidents have. taken place in Bicentenrlial
Park. And this beautifulplace,: this fifty million,_or fivelundred'million
or whatever you want to value Bicentennial°;Park is of no use in its
present shape to this community. Actually, on the contrary.' It is a
problem. It is a maintenance problem to the City of,Miami and it's not`
giving any benefits and it's creating a,dangerous,where even murders have
taken place. So, I do insist that,, to me.this is a -prime site. I raised
the question because I wanted to see something going on in Bicentennial,
and I cannot think of anything more appropriate, that this concept which::
undoubtedly will bring people to the park. By brining peopleinto,the
museum, it will alsobring people that will use other facilities that exist
JAN241980
or might exist in Bicentennial Park. The people are not going there
because they have nothing to look for in Bicentennial Park. If we have
this kind of activity in Bicentennial Park, they will go to those ten
acres and they will use the remaining ten or twenty acres because they are
already there. So this is why I support the idea as far as Bicentenntial
and as far as the concept of the maritime museum, I don't believe that
there is anything more becoming to this community so much oriented toward
the water, than precisely this type of thing.
Mayor Ferre: All right. Let me take this one step at a time. You asked
for three things. I think we can only do two of those today. One is
a general resolution in favor of the broad idea that the City of Miami
assist in the process of establishing a maritime museum somewhere on the
waterfront of Miami. And I don't think we should be more specific than
that because it may be Bicentennial Park, it may be the FEC property,
I don't know. I think...I don't think ',we.should come to that conclusion..
Mr. Plummer: Or Planet Ocean. (LAUGHTER)
Mayor Ferre: All right. Is there a motion at this time?
Mr. Plummer:: So move.
Mayor Ferre: All right..
Mr. Lacasa: Second.
Mayor Ferre: Its been moved and seconded.
All right, call the roll, please.
s there -further discussion?
The following motion was introduced by. Commissioner Plummer, who moved
its adoption:
MOTION NO. 80-32
A MOTION DECLARING THE SUPPORT OF THE CITY COMMISSION
FOR THE ESTABLISHMENT OF A PROPOSED FLORIDA MARITIME,
MUSEUM TO BE LOCATED NEAR WATERFRONT IN THE CITY OF
MIAMI AT A SITE TO BE DETERMINED AT A FUTURE DATE
Upon being seconded by Commissioner Lacasa, 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
Mayor Maurice A. Ferre
NOES: None
ABSENT:
ON THE ROLL CALL:
Mayor".Ferre:.. All right. Now I would like to appoint with the
concurrence of the Commission, J. L Plummer toserve as the Commission';
liaison, since he has over the years, shown a tremendous' amount of.
interest in the boating and maritime industry.
Commissioner Joe Carollo
Mayor Ferre: And, Mr. Manager, would you then appoint somebody on the
administration's side that...
Mr. Grassie: Yes. We'll certainly do that and
committee on that appointment.
Mayor%Ferre:
All right, could be
get directly, with the
schedulethen a hearingon this as a
ist
JAN 2 41980
report? Would two months
Mayor. Ferre: Ordo we, need more than that?
Mr. German:` At the present time, we are two years ahead of the schedule.
We are before you two years sooner than we expected. I'm sure we can
have some reasonable presentation ready in two months.
Mayor Ferre: Well, lets say the first meeting in A_�ril. Does anybody
have any objections to our rescheduling this to be heard on the first
meeting in April?
ab
DISCUSSION ON I ICEiSTEITh IAL PAZ3K-INSTRUCT CITY MANAGER TO REPORT
WITH SPECIFIC PROPOSALS ON POSSIDLE REDEVELOPMENT OF RESTAUFA.'.T
LOCATED I:d F ICENTEN.i'.I?.L PARK
Mayor Ferre:
I've got two
unrelated to
let me bring
Mr. Plummer:
Okay, fine.
All right, now that we've crossed that subject. Mr. ManagP
questions with regards to Bicentennial Park that are totally
this buy while we're talking about Bicentennial Park
them up.
Well, wait a minute. Will
someone from your group contact me?
Mayor Ferre: Mr. Manager, sometime ago, maybe; two or three years ago, I
had requested that this Commission be given information on a yearlyor
semi-annual basis on usage of the park. 'I think its been a good year
and one half since I've seen the last figures. There was a time when
we were very happy because it had gone up to three thousand in ones:.
December two years ago, it had gotten up to over three thousand people
that had used the park in one month. And there was a steady increase. It
was my estimate that if we had recorded twenty -thousand people a year
using the park that it certainly proved itself asa good park, and that
that was sufficient for now. . -.I think we need to see these figures. Is
the park...because two years ago wewent into this big discussion' as to
how useless Bicentennial Park was. And at the end of it when' we had
the figures come in, we found out that that was not so at all. That.,,
Bicentennial Park was being used a' great deal. Especiallyfor scheduled
events where we hadmarathons.; and all typesof scheduled activities -into
Bicentennial Park. And'I think this Commission needs an update on the
usage
Mr. Grassie: We'll certainly to be happy to get that. for
Commission, Mr. Mayor.
Mayor Ferre: All right. The. second thing is, I read in the newspapers the
other day that we had another incident in Bicentennial Park and;that some
young lady had been rapedand found naked at five o'clock in the morning.
by two joggers from the Miami Hera].d. And it was reported,.I think
two or three days ago. :Well,':what :concerned me most was that the park
attendant or the I don't know whether we have somebody there at five
o'clock in the morning, but evidently there was a statement. in there by
this young lady that she hadseen the park attendant and that they refused
to give her a jacket. She was completely naked. And that these joggers
had to give this young giri one of their shirts and take her toone, of
the restaurants or:hotel somewhere. to call the police for help. Now,
I_ don't know';that.that is true or not true. But I would like, from the
administration a full report on. that. And I would like to specifically,
I:would like to know 'if .it is true that a City employee refused...is
that going to create,. a legal problem for us? Well any way..`.
08 'JAN241980
•
•
ist
Mr. Grassie: No, sir. We'll be happy to get you a report. It's
probably already being prepared. And certainly, we'll circulate copies
to You.
Mayor Ferre: Well...I...it just seems to me,
myself to the alleged rape or non -rape or the
I know nothing about that. My concern is the
okay? To a person that was in distress.
Mr. Lacasa:
Park?
Mr. Grassie: No, they are not. You'll
cut off by both...well basically by the
are not in operation right now. We are
look at how we can get those operated.
you know, 'I'm 'not addressing
alleged problem or non -problem
attitude of a City employee,
Mr. Grassie, are the concessions, still operating in Bicentennial
remember that the utilities were
power company andthose concessions
going to have to take another
We have...
Mayor Ferre: I received some kind of a letter which I'm afraid :I"haven't
looked into on the spirit of Miami and their concern. Are you. aware
of that? Are they having problems?
Mr. Grassie: Well, they have asked for a number of things that they would
like to have done for them. I am- not awarethat they have any unusual
problems and somebody is not looking into them.
concession. When we went into the originalAesign, there was a descrePancy
on this board, and three of us voted for the making of that little -
restaurant down there by the waterfront. And'it was a thieeto twO vote.
Because of the division of the Commissitn on that, it was decided tofaake
a low quote "low silhouette" facility and not emiohasize the restaurant'
aspects of it too much. And as a consequence, a -rather small kitchen waS
put with a counter. And then instead of restaurant* space, there were ,
some wires put and some canvass, txellis tYPe.of a thing. to Protect' from
the sun and what have you. That evidently has not Worked'out; I think
we really should reconsider that. And I think we should go, as,I always
wanted, and again I know this going to ,be *may be c9ntroversial. You '
can't be half pregnant on these things. You can't do these things
halfway. I think you really have to....either you have a restaurant
or you don't have a restaurant. And I really think that we need to
think this over a little bit more, and address the.issUe. ,,Because I think -
if we had the proper type of space there, properfy designed With
proper security so that people could lock up, in the evening. 'It doesn't
'necessarily have to be an air conditioned enClosed space as long as there
is a way of locking it up at night. And perhape ceiling fans or things
of that nature. We might be able to 'make that a viable restauiant. And
I've recently written you a memorandum which You have on your desk.probably
today or tomorrow to that:effect. 'I*would.like,for you to, cOme back.to the
Commission by, lets say the second meeting in March, with a specific .,
proposal for this Commission to discuss. And I would' like at least one.
full week of...a written report on your recoMMendations so :that we don't
have, you know, these things where it is the*night before we discuss it.
Mr. Grassie: We'll be nappy to give you some recommendations, Mr.. Mayor.
I'm looking at a couple of possibilities, that dePend 9n,PeoPla in the
private sector to helP us'make.better Use:of that -Park. Things similar
to the Spirit of Miami apProach.- And assuming that they can get us sane
answers, we'll be able to respond to you within the next month or so.
Mayor Ferre: Okay. With regards tt the concession...with regards ta the
Mayor Ferre: See, that really may be the beginning; of this museum,,ie.
what I'm thinking of. If we tie it in with the museum, that really might,
be the restaurant for the museum. But I think, we really should go,:and
I wrote you in, my memornadum, if this...if that location. . .to ine that is
probably the most beautiful. location of anywhere in Miami. ,,You :know, ,
you've got the full view of the waterway. You've got the.port in front of.,
you and you've' got Virginia Key on the other side.. And' if you are there
09
JAN24198Q
early in the morning someday, or in the afternoon when the sun is
going down it is just absolutely magnificent. It's got to be the.
most beautiful location in Miami. Now if this were...if this were
San Francisco, or Philadelphia, or Boston, or Hong Kong, or Monaco,
or Lisbon, you couldn't even get into that place. I mean, the lines
would be unbelievable. And here we have the most fabulous location
in the City and probably one of the most beautiful spots in the country...
water spots in the country, and we have a facility that is totally
unused. And somewhere that's un real. My wife makes me go up to
Fort Lauderdale all the time to take her to that Restaurant the
Down and Under which is in a horrible little location. It is under a
bridge. And yet it functions well. And I'm saying that it is just
inconceivable that we have a market...a market of two million
Floridians that live within driving distance from that location. And
we have twelve million visitors here a year and we can't make ri,go of
the number one waterfront premium; spot in Florida. There is no-..aing
like it in Jacksonville, there is nothing like it in.:St. Pete or :npa,
there is nothing like it in. Fort Lauderdale. or Palm Beach. >It is just
unreal that we have a fac"ility that's unused.
Mr. Lacasa: But the answer is very simple. We' need activities. Why
is it that Kennedy Park is a success. Because we do have activities
in Kennedy Park. We cannot have the.'. same kind of. activities in,
Downtown Miami. Kennedy Park is a neighborhood park. It=is oriented
toward that sort of activity.
Mayor Ferre: Armando, I completely and totally agree. And if you'd look
at the minutes of meetings over the last ten years, that is exactly
the statment I've been making from the very beginning; when we spent ..
the four million dollars to improve that park. And that Was the
argument that I used to convince the Commission to, put up that 1.ittle
restaurant there. That we needed to`have-something rather :than just' a
complete open space. Now, you know, sometimes.like:Tom Jefferson said,
the way you solve a problem in a democracy is, with more democracy. And I
and sometimes the way you solve` a`problem :like this is, you know, one ;
answer is, well you shouldn't have anything, and the other answer is,
well you didn't do enough. And I think that that's where we are at.
Okay, anything else on item "A"? Okay. Thank you very much, gentlemen.
3. REPORT AHD DISCUSSION OF THE POSSIBILITY OF THE CITY OPERATING
A ROUSING AND UP P:.I DEVELOPMENT AGENCY
Mayor Ferre: We are now on item "B". A report on the possibility...
we are now on item "B" which is a report of the City operating a
housing and urban development agency.
Mr. Grassie: This is a report, Mr. Mayor, which is brought to the
City Commission at the Commission's request, at the request of one of
the members of the Commission. And I would like Dena Spillman to.
introduce the subject for your discussion.
Mr. Dena Spillman: Mr. Mayor, and members of the Commission, I'd like
to ask Mr. Jerry Girau, Assistant Director for Housing in the Community,.
Development Department tobring you up to date on housing and redevelopment
activities' in: the City.
Mr. Jerry Girau: At the request of the City Commission, we've explored
the question of the,City's assuming both housing and redevelopment
responsibilities independent of those of Metropolitan Dade County..,
like to start out by talking a little bit. about housing. By way of
background...
1.0 JAN 2 419C'0
Mr. Plummer: Can .I interrupt f
that this. Commission asked a si
answered first. That question,
Now, if the answer is negative,
I think we ought to have-that.a
,..iinute ► sir? It was, my understanding
mple,'basic question that must be
is it legal for the City :to. dosuch.`
why go through all this rehetoric? :And
nswer first.
The answer is not negative.
Mr. Plummer: Well, all right. roll then
like
If it isalegal;'fine.
r from the
Law Department `-and get this in p perperspective.
If it is not, then lets go at a different angle. But I think we ought
to hear first things first.
Mayor Ferre: Mr. Plummer, the Chair will go along, with that request
on a relative basis. I do not want to get into an extended, long
debate on the legal aspects at this time, unless I'm overruledrbbecauses.
this is not a black white issue. There are Tnany, many,: many. y
And I think that the City of Miami may be precluded legally rr' I doing
certain things, but there are many thingS that the City of Miami is
not precluded from doing. And I think for you and:; me, and all of us
to properly understand it, we have to underse tandl s hec e os l ie ramifications
of what is involved. So lets go into
and then we'll get to your report. All right. Mr. City Attorney.;
Mr. Knox: Mr. Mayor, and members of the Commission. As you
ca have
indicated, it: is a very; complicated mattenand we've very ._.y
received a request to issue a formal legal opinion I. can tell
you initially, that the Charter does indeedprovide for the City However,
hto
ave a housing authority and �_to.bein the business of housing
there is a contract between the City and Metropolitan Dade County.
Questions relate to whether or not that; contract is eternally binding,
what would constitute amodification, of that contract, at what time
can the City rescind its obligations of the contract. And
ththosetgeestions
are still essentially outstanding The basic question
City of Miami does have the power under its Charter to be in the
housing business. Now, to the extent of which there may have been, some
delegation of that authority, or`:responsibility, we, would have to'
further explore the. State Statutes, the Metropolitan Dade County Code
of; Ordinances and Charter, and the contract between the City'
d
Metropolitan Dade County.
Mayor Ferre:. And there is one thing also that you have to study. In
1967,the legal procedureS used by this Commissionto turn over the
housing authority of the City of Miami have to be studied. We had
certain basic prerequisites. I was on the Comcnission'at thattime so
I remember distinctly how it happened. And there were some things that
we had demanded and which were part and parcel of our turnin govenkrt tthe
Miami Housing Authority to metropolitan Dade: County.
e
question is, have those conditions been lived up to, and if not, what
legal recourses do we have if any. And...so, it's ;a_very complicated
legal question. Are there any further questions as to the legality?
To the legal aspects of this? All right, in other words, Mr. Knox, we
can conclude tentatively that there is sufficient room in thereto further
explore it.
Knox: Yes, sir.
let me ask the obvious question. You bring up the
Mr. Plummer: Well, of that
fact of the termination of a so called contract Are you speaking
being terminated in ten days, ten months,; or ten years?
Mr. Knox: Again, if...as.the Mayor has indicated also, there were
certain conditions preceedent or certain conditions attached to the
City's continuing itsobligation under the contract provided that
tftheami.
County performed certain housing services. on behalf of the City
So what. we would have to do is•to examine;: the fact of their compliance
with their obligations and we have to; examine the contract in terms of
its provisions regarding termination. 'So that it depends on what the
contract says. And if the contract is silent as to a procedure for
JAN 241980
termination then we do what is reasonable.
Mr. Plummer: So in other words, what you are indicating is; you have not
read the contract.:
Mr. Knox: Not with sufficient particularity, and applying existing facts
to the terms of the contract to arrive at a'conclusion.,
Mayor Ferre: Okay. 5o I think the first really `that this Commission
would have is that you fully investigate the background and both the.
Statutes in the State, County, and City, and give us a written report
on the legal ramifications and alternatives that we might have.
All right. You don't need a motion for that, do you Mr. Knot?;
Mr. Knox: No, sir.
Mayor Ferre: All right. Mr. Girau.
Mr. Girau: Mr. Mayor, would you, like me to go on with the background?
Okay. As the Mayor mentioned, a series of actions beginning in;1967
and completed in 1968, the Miami Housing Authority,'with'the consent of
the City Commission transferred reaponsibility for the development.
of public housing to Metropolitan Dade County. Since that time,:
Dade County has been responsible for the development of public
housing, conventional public housing in the City.. And I might say
that today Dade County is responsible for the management of over ten
thousand units of public housing located within the City of Miami and
plans are underway for the development of severalhundred more units
of conventional housing. Some of those were from the three hundred
and sixty units of bonus public housing that we'recently received from
HUD. And in addition to that,. of course, there are four hundred and
twenty-four units of SectionVIII housing that are being developed
by the County in the City with the assistance of our bond issue. And
I might say, that in addition to serving as the City's public housing
agent, Dade County is responsible for<the implementation of a number:
of other programs in the City of Miami to assist low and moderate
income families. And those include. the Moderate Section VIII
Moderate REhabilitation Program, the Section VIII existing program,
and they are also administering our second'mortgage or homeownership'
assistance loan program. Notwithstanding the County's role inthe
provision of low income housing herein Miami, the City actuallyplays
the primary role in guiding the.City's community Wide -housing , strategy.
The operating department is the Department of Community Development,:`
through the Housing Division. And a number of these responsibilitieS
include the preparation and monitoring'of the City's annual
Housing Assistance Plan,_ one of_the key components of the City's
Community Block Grant application every year. We also review all
privately sponsored assistance housing development proposals through
the HUD 2013 review process. In.addition'to that, we evaluate.
and assist private sponsors in developing proposals, applications for
substantially rehabilitated buildings, and neighborhood strategy
area programs. And as you know, we have One,. the, Little Havana
Lummus Park,NSA. We also, in the.department,' are, responsible for
researching new ways of providing housing assistance to low and -
moderate income families. And I think .that's a very, very important"
function. Also, we are in the; process of taking over, if you will,
direct administrative responsibility for the processing of both
Community Development Block Grant Fund in.Federal Section 3-12,
Single and Multi -family Home ImprovementLoans. In the future, I
think we canexpect the City to play an ever increasing role in the
provision of this kind of, housing. And I; think when HUD made
the Mayor...the City Manager of cities directly responsible for the ,
implementation of neighborhood. strategy area programs, that wasjust,
one of a series of steps, •ithink, we are going to ,see happen°over the,
iext four or five years. Of bringing that responsibility ever
closer to the Manager and the' City Commission.' On the,basis-of the
•
research we've been, able to do- so far, and as Mr. Knox said, it is
incomplete, there are a lot of questions: that need to' be answered, it
JAN 2 41980
ist
appears that the City could take over direct responsibility for the
development and management of conventional public housing. We have
some reservations at this point. The facts are still out in a couple
of the matters. About the benefits that the City would derive
from the direct responsibility for development of public housing..
And I say this in particularly....particularly in view of the fact
that we are responsible for our community wide housing strategy. HUD
makes us responsible through our other instruments. All of the housing
that's developed in the City passes before this Commission for its
approval ultimately. Arid a lot of the review and evaluation work is
done directly by the City through the Community Development staff.
The other question that the Commission wanted to see answered was, can
the City assume direct responsibility for redevelopment within the
corporate limits. The answer to that is yes. However, there are a
series of actions that need to be taken.. Under Florida Statute, Home
Rule Counties are provided with exclusive redevelopment powers within
the unincorporated area and also within the incorporated areas _ocated
•
within their jurisdictions. The City, if it so decides to underi '.:e
redevelopment and have direct responsibility can address that matter
to the County Commission and request that those powers be delegated.
And this is what happened in the South Beach redevelopment project
in Miami Beach. Are there any questions?
Mayor Ferre: Are you finished?
Mr. Girau: Yes.
Mayor Ferre: Let me just make a statement in reference to what you said.
I think that Metropolitan Dade County under the leadership of Mr. Sofge
and recently of Mel,Adams have done anexceptionally' fine job of trying
to meet the housing needs of this community. I: think that the
advisory board in which Father Gibson serves, and whose chairman is,
George Reid, for the last four or five years anyway, has also done, a
very good job of concerning themselves about the housing needs of the
people of Miami. However, the need is so great. There are over twenty
thousand people that today are on waiting lists for public housing. The
situation in some cases, is so desperate that it really becomes a
responsibility of every governmental unit, including the City of Miami.
And as a consequence of that, this Commission, in the past gent to the
extreme of after a failure of Metropolitan Dade County in passing a: ten
million dollar bond issue to put on the ballot'a -twenty-five million
dollar housing bond issue which passed. To the surprise and amazement
of many people despite the fact that the Miami Herald editorial board,
in their usual style opposed it. Well, theywere for it, and then
they were for it, and then they opposed it, and then they were for it
again. And nobody really understood; whether they were for or against it.
But for affects and purposes, they did their ususal harm but it passed
anyway. Now, the question thatreally is before is ;is twofold. Despite
the well intentions of Mel Adams and Metropolitan Dade County and the
Advisory Board, have they been aggressive enough, number one. And have
theyreally served the interest of the people of Miami, or have they
served the people of Dade County of which Miami is one fifth. Or one
fourth? Now, that's the first question. And,. the second, question relates
to that. And that is, if the answer is they have not .done enough or they
have not been aggressive enough, and there are a lot of programs that
they: should have been pursuing that were not being pursued such as...
is the 3-12D? The private, sector Section VIII? Or whatever it is...
because they just wanted to pursue public housing per se. And that
may not be something that if this Commission deliberated on, we would -
conclude in favor of. Then should we do something about it? And then
if the answer to that is yes, then we get back to our legal question.
How can we do something about it? And what's the procedure? Because
I don't think we are going to reinvent the wheel. We don't want
to reinvent the wheel. On the other hand, the facts speak for themselves.
Out of the twenty-five million dollar bond issue which was passed...
what three years ago now? Wehave; spent just somewhat over a million
dollars and would you belivi me...it is unbelievable to me that with
twenty thousand people waiting for houses in this community, and after
a bond issue was passed by the people of this City, that we have yet to
JA N 2 4 198Q
to expend twenty-four million dollars. And I know that there has been
legal problems. I know that there has been an auroa of concern. created
by the opposition. Not only the Miami Herald but also by the Miami
Board of Realtors when we passed that bond issue because they thought
that that was going to infringe on the private sector. Well the
private sector, in the meantime, hasn't built any houses that Iknow
of for those twenty -thousand people that are waiting. And the, twenty
thousand people are still waiting. And the Miami Board of Realtors,
who promised me when they voted to oppose our bond issue,. that they
would come back with an alternate. In three years ha'"e yet to even
call, much less back...much less propose an alternate. So they played.
their typical spoilers roll. But they were against. And I know what
they were against but I don't know what they are for. So here we are
in 1980 with no response from the Miami Board of Realtors, twenty-four
million dollars unspent, twenty thousand people still in need o. housing,
and I would say with all due respects to the County, that if it ha' not
been for the interference, as the Miami Herald would call it, of h.,le
City of Miami, we wouldn't have gotten the housing,' units that Washington
has given to Metropolitan Dade County. So we really have been the
ones responsible for some...some not all,,some of the progress made.
In my... and I have taken over a dozen trips to Washington on the subje:t
to discuss this with the Secretary of Housing, and in the. White House
and; many other places, I comeback with a very clearfeeling that they
would be happy if one or two things happend. .,Either they could deal
directly with us, or Metropolitan Dade County took a more aggressive
posture in pursuing, the needs of this community. Now again, I cannot
think of a more qualified housing director than Mel Adams. Not only
is he qualified and is he knowledgeable, but ° he is highly respected
and regarded in Washington. And people from Larry Simons on down and
the Secretary of Housing have nothing but the highest regard for him.
Therefore, I: would like to move at this time that. the City of Miami,
or if you want, ArmandO, why don't you make the motion and then, if
you want to.
Mr. Lacasa:
Mayor Ferre: The motion
housing,, Mr. Plummer.
Mr. Lacasa: My motion is that this Commission express its desire, at this
point to get back into the housing, business by revivingthe Miami
Housing Authority. The question, is, that as the Mayor put it, we have
a; responsibility to ours` communi.ty.:The City°of Miami community" One
of -'the -.major. needs in our particular area is that of housingOur
own Community Development has proven; extremely effective in this
p
particular area. And I'd -like ;to mention the fact that the Little
Havana, NSA, the rehabilitation that was conducted...or is being conducted
by our own. Community Development Departnient.,.has .deserved a`
presidential ;=citation. Only two cities in the whole United States
has been awared this honor. And one is the City of Miami, and that
has been thanks to the efforts of our own Community Development Department,
for which I as a Commissioner feel very rewarded. And I shall add
that in this particular case, this program was undertaken with the
opposition of HUD. Correct me if I'm wrong. Of Little HUD donw here
I mean. Further more, :when ,back in1967...when back in 1967 the
Miami Housing Authority responsibilities were transferred to Dade
County, there were certain requirements, and among them there was one...
and I`am going to quote from the resolution that says, 'further that the
City of Miami will appoint at least one third of the newly formed board
of the proposed Metropolitan Dade County Department of Housing and Urban
Development. Two of whom shall be members of the City Commission. We
have been fortunate enough that Father Gibson, has been serving on that
beard and: this is the point that I wanted to make. But I found that even
Father. Gibsonwas appointed to that board, not as a member of the City
Commission, he was appoiritd prior to him being a member of the City
Commission. And this was done of the leadership he has in this
community. The City of Miami, one fourth of Dade County, has enough
14
JA N 2 41980
vested interest in the housing
participation .:in the =decisions
_
to our community. So it is in
situation as to have a more active"
taken in this very essential service'
that spirit that I make this motion._
Mayor Ferre: What's your motion?
Mr. Lacasa: My motion is that we express our interest, and Isay
at this particular point, that we express our interest because we have
somelegalities to clear up with the Legal Department before we can
further move into making something more definite. But that we.
definitely state our position that we want the Miami Housing Authority
to be revived and the housing situation, as faras concerns the City
of Miami, be under the jurisdiction of this City Commission.
Mayor Ferre: Well that's just an exploratory_ thing all right, at this
time. Is there a second to that motion?. Is there a second?
Well, I will...I will for the :`purposes of discussion second the moion
and pass the gavel on to...Plummer,`are you the senior or is Father
the. senior?
Mr. Plummer: ` I'm the senior.
Mayor Ferre: All right, Plummer,` you, takethe gavel then and I'd like
to .be recognized. for discussion.
Mr. Plummer: I don't recognize you. Any further discussion? Mr.
(LAUGHTER)
Mayor.
Mayor Ferre: I think this is a very serious matter. A very, very
serious matter. we have people in this comrnim3nitY who don't have where
to live. The twenty thousand people on the list waiting for housing.
Now, I. personally feel...I want Plummer to hear this. I want you to
hear this J. L. Let me tell you where my concern is. The decision
of the Metropolitan Housing Authority has been not to pursue the private
sector governmental funding. They haven't done it. All they have
pursued is government building and owning properties and managing them
for those who need. Okay. Now when we turned over...and I voted for
it. I was here. The Miami Housing Authority, we turned over, as I
recall, and I want you to get me the exact figures, seven thousand
units. I think those were the figures. Does anybody remember? Anybody
have those figures? Now, here we are twelve years later and we have
ten thousarid units. In twelve years. With all the need that we've had,
the record has been good but not outstanding. Now, I wouldn't be too
upset or concerned if everything possible had been done. But when I
find out that Metropolitan Dade County is not pursuing either vigorously
or otherwise, the'.ability to get Federal funds so that we can have
private sector housing in this community. Not owned by Metropolitan
Dade County, financed by the government but on turnkey projects owned
by the private sector. And that in the last four or five years there
are thousands of units that we could have built here, that the private
sector could have built, owned by the private sector on turnkey
management operations,` then I think that something somehow, somewhere
is wrong. And perhaps that inay serve the best interest of Metropolitan
Dade County but it certainly doesn't serve the best interest of the
City of Miami and the people of the City of Miami. And therefore, I
think we really don't have muchchoice but to pursue this with a little
bit more vigor. NOW, there is one other thing. I want to give you
a, similar example. We have the case of the Housing Authority. Again,
I have nothing but the highest regard for Mitchell Wolfson. And I
think Dick LaBaw is here' this morning...the Off -Street Parking Authority.
They've done a magnificent job. I think they are well dedicated and
they haven't cost the`taypayers a cent or what have you. Why then is
the City of Miami pursuing the building of parking units outside of
the Parking Authority. Well because the Parking Authority has a
vision of what needs to be done which evidently is different from what
the City of Miami has. Why? Because under their conservative rules
of procedure, and their very. conservative...there are so many parking
units that they can build and then they don't go beyond that.
JAN 2 41980
15
ist
Well that's fine. But what happens if they build one thousand and
five thousand are needed? Well, they don't want to use the taxpayers:.
funds, they don't what to do this, they don't want to do that, well
that's fine. But what do the people do to park in the meantime? So
the City, of Miami has had to intervene. Not because the Off -Street.
Parking Authority has not done a good job but because the Off -Street
Parking Authority has not been able to complete the job,and`. therefore,.
build parking structures which we in turn would turn over to the
Off -Street Parking Authority when they are built. 'I would have no
objections, Father...I do not...this is my personal viewpoint, I do not
want to create an institution that will compete with Metropolitan Dade,
County in the operation of living units. I think one isenough, we don't
need two. I have no problems with building things, if we get into this
business with Federal funds, and our bond monies and turning, them: over
to Metropolitan Dade County once they are built. In the same way that
we do that with the Parking Authority. But Ido.think :that. either
Metropolitan Dade County has to listen to the will of the City of Miami
in the drastic need, and alter theire approach "to„housing, or I 'think
we've got to get into it and be a lot more vigorous and get a long more
housing underway. And the best way to do that, in my opinion, is through
the private sector. And there are funds.. in Washington that have not.
been used because it was the philosophy of Metropolitan Dade County not
to pursue those funds. Where we could have had a lot of housing built
here with Federal funds by the private sector. And in other urban
areas it has been done and we haven't done it here. And therefore, I
think that it certainly requires...what this motion does is investigate
the potential and it doesn't do anything more than that. and I think
we owe it to ourselves to pursue this a little bit further.'
Father Gibson: Mr. Acting Mayor, presiding officer; there are two things
that I want to call"to_youur_ attention. Number one,-Idon't think you
need to blame Metropolitan Dade County for two of these things and that
is, if when you turned over the Housing Authority, you turned it over
with the provision or the proviso Nand I want Ms. Spillman and her
staff to hear this, and the Manager, if you turned it over with the.,
provision that two people on that board should .have .been appointed by
the City. Commission, or the City, Commission ought to be on there to
in number. Those of us who were the elected officials of this City should
have seen to it that we adhered and kept our responsibility. That's
• number one. So you don't blame Metropolitan Dade County for that. You
blame yourselves. And I speak not as a person on the board, Ihappen
to have been one of the persons when the...the Housing Authority was
turned over. I, was opposed to it. And for me now to say what I'm
saying, you have to wonder. I want to warn this Commission. And, I-
want to warn the staff. You don't solve the problem by creating another
one. I believe that if we didn't fulfill our responsibilities, if ;we
didn't keep our obligation then you`: know what we ought to do?Lets'.
insist in this instance, that you put two people on...two members of this
Commission on the Housing Authority. That's number one. Number two,
I warn you carefully, if you are going to live in this community and
be concerned about the welfare of this community, the way you do, is if
you have problems, you go to those in charge and you say these are my'.
concerns and these are my<problems. .:The only way I tango is I` ask
people to tango. Nobody can read my mind and I'm sure the HUD Board
thought all along you were:, happy and satisfied and contented with what
was going on. I believe that if this Commission were to direct its
concern to the HUD Board and to'Metropolitaa Dade County, you'll get
it, you'll get some results. Let me give you an example. Yesterday
the garment industry, your staff was pushing like hell for the garment
districting to go through and wasn't concerned about your concern. Namely.
that the people who are employeed in the garment industry, after they
take your money and buy up the land, sell the land back to the people for.
peanuts. They weren't concerned that the people who work there would
be your Miami citizens. Anybody says Gibson is a liar, come on up to
the mike and say Gibson is lying. We had one hell of a come off there
for a while. Unitl everybody gotthe message that I was...Ipromised
AN 2 41980
them that and I promised you here before and I'll do it again, that I
would disavow my membership; on the Commission and go as J. Q. Public,
Theodore Gibson, Rector of Christ Episcopal Church, having been there_.
for thirty-four years, and fight them like hell because I knew what
they were doing. I say to this Commission, carefully, you don't
have to listen to me. Do whatever you want to'do. If I were you I
would demand that two persons on this Commission, based on what Mr. Lacasa
read, be placed on the board. Secondly, I would say to Mel Adams, and
to HUD Board, and to the Metro Commission, this is the kind of, a project
that we want for the City of Miami.. Interestingly enough, we did what
they couldn't do. We got a twenty-five million bond passed for housing.
And we turned over the twenty-five million dollars. And listen,
Plummer was here, Gibson was here, Ferre was here when we did it.
I'm saying to you, for Gods sake, for Gods sake, not for my sake,
I would go talk with them first, and as an aside, a very interesting
thing everybody had been cussing out the President of the Uniteo States.
The President spoke last night:and`you know,, everybody, started get ing
the message. A lot of people were cussing the President out, didn't
know what the President knew. Didn't have the facts the President had
arid a lot of guys were trying to undercut the. President. And you know,
when you listen to radio and television this morning, everybody says
glory hallelujah for the President. I urge you, I know what you are
trying to do. I share your concerns. I'm there. I don't represent
this;Commission. I...it was asked, how did Gibson get on there? One
of the Metropolitan Commissioners appointed me. That's how I got there.
I am appointed by a Commissioner of Metropolitan Dade County to
represent him. If you're agreement said what it said by your reading,
then`:I would think...so that you don't have to take these guys on later
one, say live up toyour agreement. And let me end with this. This is
an aside. I read an editorial Sunday...I think it was Sunday. I was.
hoping the Mayor would have mentioned this on Tuesday, how the, now
Editor of the Miami Herald is saying...and I want to coinplimeflt him for
this, he is saying that we ought to renovate, rebuild the Orange Bowl
where it is. Do you remember` that? Any of you saw that? We've been
saying that. One of the beautiful things of 'life is. if you -are right
you don't have to worry. And here is what is said. There isn't
another stadium in the country where you could empty as quickly, nor.
four ways. We'vebeen saying that. Sometimes youhave to really get
kicked around tomakepeople see how right you are. I want to urge this
Commission not to go back in the housing business, but to say to
Metropolitan Dade County, say to the HUD. Board, give me my two men and
let me get across to you right now, instead of building public housing
that you retain, this is what we want. And if we don't get it, I;. want
to tell you the next step is we are going in the business ourselves. To
be forwarned is to be forarmed. And, Mr. Mayor, you need to know that
a part of a pending problem is that housing down there on Number One
Highway. Ask the staff. I" don't know if you know that. Ask them to
tell you. Because Coral Gables is, not interested in public housing.
Isn't that right, Ms. Spillman? Right, right, right, right. So,
you better think a little andyou know, pray a little.
Mr. Plummer: Any further discussion?
Mr. Lacasa: In view of what Father Gibson has said, I am going to
withdraw my motion at this particular point. However,:I want to make
a couple of points here. One is this, and it isthe philosophical question
behind this matter. The philosophical question here is, that we are
a city government entrusted by the people that live in the City of Miami,
and that have their needs, to provide for those needs. Years ago,
we had a policy in this City that ended up having the City divesting
itself from manyof the responsibilities that we used to have, and many
of the :-services -that we use'torender. Among them, the Miami Housing
Authority. I don't question that at that particular point that was
the thing to be done. What.I question is now a days the results that
JAN 24198p
ist
we are having. If we are to keep this City, as strong as an
independent municipal entity, we have to be the masters of our
destinies. And it has been proven over and over again, that when
we divest ourselves of services that we used to provide, not always;
have we come out on top. A good example of this is the. Water
and Sewers Department...
Father Gibson: Amen.
Mr. Lacasa: That we divested ourselves of, was given to Metro, and
correct me if I'm wrong, Mr. Grassie, but`I understand that just
a few days after it was given to Metro they raised the fees. Is that
correct? For the City of Miami, so we ended up paying more. The.
citizens of the City of Miami after we divested ourselves of that
money making...money making service because the City was making profit
out of the Water and Sewer Department. So we ended up not only
losing those monies but on top of that, we the citizens, ended paying
more. So, you mde a passing comment about the question of the
Orange Bowl. Lets be very much aware of this fact. Yes, "it is" -very
true that now some people in this town are beginning to realize that
the thing to do is to renovate the Orange Bowl. But this has;a
covenant attached to us. They also want; us, the City of Miami,,who owns
the Orange Bowl to give away the .property of the Orange Bowl to a newly
created Sports Authority. So here againwe go. It is not only
renovating the Orange Bowl. That is the sweet part of it. What goes
attached to it is that they want us, in order,: .to get the monies from
the two percent bed tax, to renovate the Orange Bowl, they`want us to
give our property of the Orange Bowl. Needless tosay`that L.am going".
to oppose that. It is another give away` from, the ;City.of Miami.
The Orange Bowl makes money for the City of tliami. Money" that goes
into the General Fund. Am t correct?
Mayor Ferre:
No, no, no.
Mr. Lacasa: Or whatever. It is moneies. Wemake profit out of" this".'
It is money that means that we don't have to go out borrowing more
money. Or it is money that in the long run belongs to. the City
taxpayers. If on top of that you realize that this two percent
bed tax that the County is collecting now, some of those monies come
from our own hotels in this City of Miami. So, wehave "that we, the
citizens'"of,the City of Miami, we voted to have the twopercent" bed
tax. Our hotels in the City of Miami contribute to that"two,percent
bed tax. And now in order for us to get the Orange Bowl. renovated,
which is our property and that, sir, the whole Dade County, they;;'"
want us to give away the property of the Orange Bowl. Sothis is in,.
tune...thi s is in tune with a long standing:policy' in this area.: Of
having the. City. of Miami giveaway its 'responsibilities. So. going back
to the housing business, at this point,; it is obvious thattheCommission
is -not readyto"entertain my motion. So therefore, I am going to
withdraw in the spirit" that_ this is a warning to those,who have secured
our previous responsibilities: and they be put on notice that we want".
whatever has to be done for the citizens of the City, done by whoever
has this responsibility now.
Father Gibson: Mr. Lacasa, why...I would be happy to see something like
this happen because I think that we ought to address..I. did notknow
that provision. We ought to address" the . issue of : two members of the
Commission on the Housing Authority, forthwith.
Mr. Lacasa: It is a lot more than that, Father.
Father Gibson: Look..pleaseforgive me. I' thought you said....
Mayor Ferre: One,: third of which`two members willbe a member of_the
City of Miami Commission.
Mr. Lacasa:
That''s:right.
ist
JAN 2 1930
Father Gibson: Yeah, well. The point is whatever that provision. is,
I would like to see you make a motion or ].ets address that provision.
Secondly, lets say to Mel Adams and those, what the Mayor indicated.
That this is the type of direction we want to go in housing. And if.,;
we can't get this, then our...we have no choice but to, you know,
go y
n the business. Then Mr. Mayor, if this is...in't that the
contract?
Mr. Lacasa: Yes, but this is just .part `o
Mr. Plummer: Can Imake a suggestion...,
and I`just mentioned: this...
Mr. Lacasa: Yes but the problem goes farther than that, Father. Advisory
boards are -`just -that, advisory boards. My problem is not with advisory
boards. My problem is with the final decision making authority. People
who..".we know' that we have many, many advisory boards in this tow- of
ours, and people advise but the end result is that those who have the
authority to make the final decisions are those who made it. So.
I want to see the City of Miami, participating: in the decisions that
affect its citizens directly, not through advice. Directly.
Mayor Ferre: Well let me' just make a...see if I can synthesize where.
we're at. I want to make very sure because Bill Gjebere just asked me
whether we were taking on Metro and this is the beginning of a....this
is not an attempt to take on Metropolitan Dade County. This is not
anattempt to embarrass anybody. This is not the beginning ofa war,
or battle or anything else. Its very simply a frustration that some,
people in Miami have that, with the need for housing, that not, enough
is being done when there are vehicles that have not been'., utilized to
satisfy that need. Because a government, Metro, and a staff, Little HUD.'
have made philosophical decisions with which some of us don't concur.
Now, the question is, do we have any responsibility. And if so, how
do we address our greivances. And'I think what we, really need to do
is to research this a great deal more. I' don't. think we are anywhere
near a conclusion. And I,. think all we really shoud do, following your
advice, Father, is request the City Attorney to research this further,
ask for joint meetings with Mel Adams, ask for staff to come back with.
specific recommendations.' Arid then we can take the next step, if we want
to at that point. And I don't`. think there is really much more that we.
can do whether it is in the form of a formal resolution or otherwise.
Now, my main point is simply that we have twenty-four million dollars
that have been unused. We have programs; in Washington that have been.
untapped and we have great need for housing in this community. Andthat
when we read in the newspaper that the average household sold for seventy-
one thousand dollars, there are many families and people in _this
community that simply cannot affort housing. And when we further read
that there are members of the private sector :that are taking over rental
apartments to convert them to condominiums,` what we are doing is, we
are literally freezing out, locking out perhapshundreds of thousands
of people, both lower income and middle income people who will not be
able to afford housing in this community. And I think it is getting to
a tragic proportion. Now, I have been talking to, recently, people in
the industry and I have a proposal which;. was delivered to your, office
yesterday from.a...one of these brokerage houses. :McKinnon Thompson,
recommending a way in which we can parlay our twenty-four million
dollars into a two hundred and fifty million dollar housing package. And
I think that is something that must be very seriously studied, discussed,
and pursued. And I don't really care what the vehicle is as.long ;as it
is accomplished. And if. Metropolitan Dade County wishes to help and,
pursue it, I` think it is, their responsibility and they should. And if
they don't then I think we have a moral; and legal obligation to do so.
Now, Dena, before we proceed' any further, do you..I see that you are'',
shaking your head or...
JAN 241980
Ms. SpillmanNo, I'd just like to make a recommendation regardless
of what you do today. At some point, I think that the housing issue
is so complicated, as you have stated, that it would be appropriate
that we spend some time with you either in a workshop or in a
Commission meeting and review things that we have mentioned today
in detail, so that you understand what the process is. It is a very
complicated. It is not easy to explain it in a half hour session.
Mayor Ferre: All right. So what is the next step in this whole matter,
Mr. Manager?
Mr. Grassie: The, recommendation has. been made by Father Gibson go on
record on at leasttwo major points. One having to, do with the
membership of the present board., And second, havindto do with
conveying to that board the policy of this City Commission. It would
seem to me that that would be in order. The second step which ^ou
may wish to take is to establish or ask us to consult with your
calendars and establish withinthe next three weeks or so, anaftt_.00n
in which we can have a workshop session away from the City Commission,;'
I would think, and the schedule that you have here, have a workshop
session speficially on this, bring up opportunities such as the
Thompson, McKinnon proposal, and also bring up much more information ".
with regard to the current record of Little HUD and what it is actually
doing.
Mr. Plummer: That includes...the workshop, includes the HUD?
Mr. Grassie: Yes.
Mayor Ferrer- And by that time, Mr. Knox, say within that three week...
or a month period, you would have sufficient legal research so you can
give us an answer as to where our legal standing; is.
Mr. Knox:
Yes, sir.
Mayor Ferre: And I just want to reiterate one more time for the record,
less somebody misunderstand in thepress and in the public, there"is'
no attempt here to in any way castigate Mel: Adams and --Metro Little HUD.
Mel Adams is without any question, in`my opinion, one of the;best, if not,.
the best housing authority technicians and bureaucrats inthe country. He
came here from doing a very comendable job in New Haven,_ Connecticut,:
He is highly regarded in Washington. He is rea].ly one-of.the top
people in the country. We are very fortunate to have him and I have.
no beefs about his job or what he has done. My problem is one of
philosophy and direction and bottom line. And I think it is something
that both Metro and we have to address. Okay? Is there anything else
on this item?
4. DISCUSSION OF DESIGNS OF THE ALLAPATTAH, COCONUT GROVE,
AND VIZCAYA RAPID TRANSIT STATIONS
Mayor Ferre: There is a plane to be caught and we are going to take
up then item "D" out of sequence because of that. Can we proceed now?
Ms. Ellen Wacher: Good morning Mayor and Commission members. I am
Ellen Wacher from Metropolitan Dade County. We are here this morning
to present the design of the Coconut Grove Station. I am here with
a Mr. Tom Rooney who is President of Connell,yetcalf and Eddy who did
Lile station design for the station. On Jaunary the,l5th of"this month,.
the Coconut Grove Citizens C mmittee met.and approved" unanimouslythis
design. It will be presented for a policy council public"hearingon
February the 25th. We will be returning to theCity of Miami on"
February 12th to present the station design of Allapattah and Vizcaya.
Mr. Rooney.
ist
20
JAN 2 41980
Mr. Tom Rooney: Our firm is designing the station with Mr.:Charles
Mitchell and Mr. Alvarez minority firms that are working with us.
As rfar as the location...as far as the location of -the station, the
'station is on 27th Avenue and it is called the Coconut Grove Station.
This is a rendering of an aerial view of the station, and you can -:'see
it about the middle of the slide. And that is Dixie Highway. running
`diagonally from right to left, and 27th`Avenue- is on the left side
of the slide. The...this is 27th Terrace at the very bottom of,the
slide. And at the right hand side of:the slide is 29th Avenue. So
that the station and parking is between 27th Avenue and 29th Avenue,
between 27th Terrace and Dixie Highway. There is two•hundred and five
parking. . .automobile parking slots and roOriL for fi%e.buses at the drop
off at the station. The station is the....iself:is the...right in the
center of the slide and you'll see it' in further:detail in later slides.
This is a prospective of the station again from 27th Avenue. A bus
leaving the station. And you'll see the"upp'er portion of the station
at the top there with the North facing ,skyline a semi -vault's Tight.
The functioning of the station is: as. follows: To the right h.lnr` side
'of the slide, the buses will ;come intothe station and there:wi.l be
a free transfer there. The people thap t ark' and are: dropped: off by .
their wife or spouse to this station will come across ItheredpaVed
area into the station, and you do have:to'pay a fare and you'll see,
that in a later detail.
Mr. Plummer: Wait a minute.
parking spaces?
Mr. Rooney: Two hundred
Mr. Plummer: And what is
Let me ask you a question.
ow many"
and five parking spaces.
the proposed ridership a day from that
Mr. Rooney: Don 'trknow. that..
station?
Mr. Plummer: you don't know?
Mr. Rooney: Seven thousand at its ultimate, "CoMPlissioner.
Mr. Plummer: Seven thousand a day and you are providing two hundred
and five parking spaces.
Mr. Rooney: Right.
Mr. Plummer: That tells me that you haven't learned a damn thing from
the San Francisco; System.
Mr. Rooney: That's not part of our function. The architectural engineer
in that case was...
Mr. Plummer: No well, _don't cop; out on me."
Mr. Rooney: Okay. There "may"have to be...as I understand,, all the
stations may ultimately have parking structures when the ridershipis
up. And the parking garage...
Mr. Plummer: For two hundred and five. spaces a.: day at most, you. would
carry; eight hundred people. If each car carried •four`.
Mr. Rooney: Correct.
Mr. Plummer: Now, when you.couple that together.with:.the fact that nobody
can cross Dixie Highway in the morning because, Metropolitan Dade County
only gives the North -South tenco sends to cross,°.I think,you'dbetter
reengineer the thing.
Mr. Rooney: Let me go backi...there will be a light forpersonnel in the...
if you'd look :at, where I ; describe 29th Avenue is. .. there will be -a`. light
on Dixie. Highway that will enable pedestrians to cross at grade.
It is the hope that the biock that is presently, across from Crook and
ist
'JAN 2 4M
Crook will have a majordevelopment come in and in a later date, an.
aerial crossing'.wil1 be part of that development. "That's the present
concept.
Mr. Plummer: Yeah
ridership...
but the point that I'm -making is that if you expect
Mr. Rooney: Let me introduce
about ridership for you..
(INAUDIBLE COMMMENT FROM
somebody
THE AUDIENCE).
from Kaiser who will talk
Mr. Plummer: I don't care who addresses it.
I don't think its been addressed.
Father Gibson: You don't think what J.
Mr. Plummer: They are talking about a ridership, Father, ofpoten-
seven thousand people a day from this particular 1ocation. They are
providing two hundred and five parking spaces. Which means from day one.
they are proposed for doom. My comment was, that; they have learned
absolutely nothing from the San Francisco System. And the reason that
the subsidies are so great,are people can't get there to use it. They
tow more cars everyday than they park for illegal parking. They are talking
about buses...you can't even get across Dixie Highway in the morning becaus,
Metropolitan Dade County has seen fit on North -South routes to give you
all of ten seconds or four cars to get across the Highway. How in the
hell are the people in Coconut Grove or South of there going to ever
be able to use it. That ludicrous. Absolutely ludicrous. If you
stand...have you ever been at one of these intersections in the morning?
UNIDENTIFIED SPEAKER: Sure.
L.?
'm not particular.
Because
Mr. Plummer What have you found between seven to nine trying to get:
across Dixie Highway.
Mr. Rooney: We have a building...our.building is where the Roundtable
is and our people come across...they park at the University Parking
lot.
Mr. Plummer: And how have you found that situation?
Mr. Rooney: They come' across...many-of them at the light...at.the control
light there .
Mr.,Plummer: Yeah, but howlong does it take them?
Mr. Rooney: All of us are not disciplined. Well, they have to wait..
for a break in the traffic on Dixie Highway.
Mayor Ferre: I'll tell you what. In the times that I've been frustrated:
doing that, I've gotten to a point where I' time it. :-Do you know how
long that light...there is light for example, here on Bird. In high
traffic times that light changes in nine seconds...
Mr. Plummer: Four cars.
Mayor Ferre: And that's all that can go through. And I..`.I have timed it
from Bird Avenue on 27th wheresometimesthe line backs up all the way,
to get across sometimes it takes twenty to twenty-five minutes...
Mr. Plummer Do you know what that says, ;I'll :tell you what that...
Mayor Ferre: There are four cars...four to five cars. I timed it.
I'll tellyou the figures. ,I'll give you ;all the statistics. I've
done it personally. :'You °get five cars across every three minutes.
JA N 2 41980
Mx. Plummer: You don't get that many because of the people who are
hedging and sliding through on the other green light. My friend,
I have no truck with you. Okay? But let me tell you something. Somebody
has got to come to a reality that this sitation, separate from what we
are talking about now is a penalty for people to live in the City. They
are penalizing me to the deteriment of people who live further out.
They are making me wait at that intersection, so the people who do not
choose to live in the City can have two minutes and fifty seconds. And
you sit there many times and watch with no traffic coming through, but
I must wait two minutes and fifty seconds. It now takes me between
eight to ten minutes to go one block crossing Dixie Highway.
Mr. Rooney: As a pedestrian.
Mr. Plummer: NO, sir. As an automobile. Sir, all I'm saying and maybe
it's not addressing it to you, if you are only providing in this station
two hundred and five parking spaces, you are condemning from before.
you start, to a failure. San Francisco...if someone didn't studl that
system, I am amazed. I am amazed that anybody stands here and te1•'
me that that system was not studied for its failures.
Mr. Rooney: No, it was well studied. And I did mention that there v;as
a parking structure planned for this site. And when the ridership
is up and the funds are available, that's part of the
Mr. Plummer_: The streets of hell are paved with good intentions.
Mayor Ferre: Mr. Rooney, and Mr. Plummer, I'd like
from our staff on that subject.
Mr. Jack Luft: Commissioner, you've brought up several points that
staff has mentioned at the Rapid Transit Development Impact Committee.
meetings on the review of the Coconut Grove Station. With regards
to the green time crossing of 27th Avenue, or for that matter 32nd"Avenue,
or any of the North -south streets leading:into these stations, we have
suggested that at the time the system opens that perhaps a six month
period be set aside as an experiment wherein greater time could be
given North -South movement and conversely less time given Dixie Highway;
in order to encourage the access to the station, and not penalize .
those people who are chosing to use Rapid Transit rather than force their
way down Dixie Highway.
Mr. Plummer: Do you know what your
Mr. Luft: They have agreed that they would...they,couldn't agree that
they would do that. Absolutely not. But they are going'to take that
to the Transportation Policy Committee and we'vebeen assured
that serious consideration would be given that and the staff is going
to continue to follow that.
Mr. Plummer: I wish you well.
Mr. Luft: I think with the emphasis that you've given here today
we can get a fair hearing on that proposal.
. Plummer: I wish you well.
Mr. Luft: Secondly, with regard to the amount ofparking on the he station
site, it's true several thousand people a day are projected. to use
the station. If we have learned something from San Francisco is that,
as they have been forced to do out there with their Alameda Contra Costa
Transit Svstom, we are going to be
tying in feeder buses. Tha big failure in San Francisco was the_lack
of bus service into and out of the stations.There isn't necessarily
a maximum amount of parking you can get on any station,and with the
constraints that you've pointed out with traffic on 27th .and Dixie
Highway, it would really be.,foolish to try to force several thousand
cars in and out of that station every morning or 'afternoon. Conversely,
like San Francisco is, we are going to have to rely very: heavily;on
23
JAN 2 41 Wu
ist
on feeder buses. And those buses are being proported first priority:
at that station for entrance and exit, and droppoff and will be
capable of expanding to quite a few buses... several: buses every minute`
to haul people in and out of that station in destinations going South,.
East, and West. Therein lies the greatest capacity of those seven
thousand people to reach the station. Now as far as crossing Dixie
Highway itself, in addition to the green time, the City of Miami.
is requesting and receive a positive response from the County in
identifying Virgina Street, 30th Avenue as another potential access
point just to the West of 27th. We feel that even with adjusted
green times it is still going to be difficult, if not impossible, to
reach that station. And therefore, they have moved guideway piers
on the transit guideway, in order to facilitate an extra crossing
at the West end of that triangular, pieceof.property you see o: the
North of Dixie Highway...South of Dixie Highway, on top of the screen.
So will probably...we will be able to have two entrances rather t...ani
just the one from the South.
Mayor Ferre: Could we see the rest of the presentation and the drawings?
Mr. Rooney: This is a layout of the parking lot in the transit
station on the lower portion of the screen. Okay, that's a perspective;
an aerial perspective from 27th Avenue looking down on the station.
Mayor Ferre: Where is 27th...
Mr. Rooney: We're standing on the perspective..'.the perspective was
taken from 27th Avenue. That's the guideway you see, there and Dixie,
Highway of course, is parallel to the guideway. That's a bus that has
come through the lane that is going to be constructed next to the
station as part of the station. And he is; exiting towards 27th
Avenue...the bus is heading towards 27th Avenue. We'd be at the
standing on 27th Avenue on the photograph.' There is a -canopy
patrons entrance. I mentioned when the slide was on before, Mayor,
the patrons that are paging to go to the station that are not dropped
by the bus would he coming across the paved area just directly in
back of the bus. The people that are let off by the bus have
a free transfer. And there is a fountain that you can see will appear..
we're on 27th Avenue facing South. I think you'll see it on further
slides. That's a plan of the station and the parking -area. .Now.that's
27th Avenue on the right hand side, that's 27th Terrace at the top,
29th Avenue running up and down on the screen, on the left hand side,
and Dixie Highway at the bottom of the screen. And the guideway is just
next to the station at the bottom of the screen. As -the patrons come
in to the parking lot, driving now, we'll 'follow the car first.
The major portion of the cars will come across -Dixie Highway' on
27th Avenue, make a left turn on 27th Terrace and head along the top..
along 27th Terrace and enter the parking lot about half way down. If
you look on the left hand side of the screen, that's 27th Place ",
that comes in half way up through the parking lot, and the cars that
would be coming, for instance, down 32nd Avenue heading from the
South, will come up and come into the station at that point. And they'll
either go into the parking 'lot directly where Ron has his pointer, and select
a space and park, or they'll come in the next lane down which is what is
called a "Kiss and Ride" lane. There is spouse will drop-off or somebody
will drop them off and they'll enter the station. And the lowest lane
there...the lower lane is where the buses will come and there are five parking slots for the buses. Now the buses come in, as I said, on a
free transfer, and enter a different portion of the station On that
side of the fountain than the others, and directly go into the.
station. The others come,in and pay a toll...pay a fare and that
portion. Over on the right hand side of the screen is what we "call.
Coconut Grove Plaza and we have blowup for that later, but that is
basically Royal Palms and1we envision that as a festive type of plaza
that will be used by the community for many different things. This
station is especially interesting' because it services...it will service
JAN4tt'W80
as patrons quite a cross -cut of our community, as much as.Miami is..
It.is basically Spanish speaking to the North of Dixie Highway and,
Hof course, there is a Black community to the South, and the boating
and very rich community in Coconut Grove. And of course, you'll take
it from this position too. That's a blow-up of the station there.
It shows a little more detail of that split and we have some further...
the right hand portion of the screen is where the bicycle...people that
come on bicycles will keep their bikes....there is a bike path under
the guideway, as I think you know, through its entire length and that
will be encouraged as we proceed with the station. The left hand portion
of the station is the service part of the station with the mechanical
and electrical gear, hauling equipment, and everything that has the
brown pavement is where the patrons go. The part that has the brown
reddish pavement is where the people that will use the station, :he
community, will go. And I'll show that on a blow-up. Okay, this 'tows.
a little more detail. You see on the right hand side of the screen
where the paying patrons will come, where the arrows are. The brown
pavers. They will go through those turnstiles with their token. The
white octanol type of structure is where the one person that operates
the station is. He just visably...he doesn't make change like they
do in New York, they do that out of change machines, but he just is a
security check there. The people from the bus will go that's a...,
that blue figure...the blue triangle is a fountain we have a rendering`
of later, but the people that are coming on a bus transfer will come
to the left of that fountain and proceed in a free style into the
station. That's a further blow-up of the same layout. You'll
see the elevator and the stairs...escalators and the stairs. There `s
an escalator that will reverse depending on the time of day and a
stair, and an elevator for handicapped. That's a blow-up of the bicycle
portion of the station and the landscaping around it. That's a blow-up
of the service portion of the station off the same slide. That's
a section of the station, a sketch of the station up at the upper
level of the station showing a person standing on -the platform with the
escalator...it's wide open of course, with just a roof to protect if from.
the weather. And a skylight which will bring in...it actually faces
to the North, it will bring in natural light so there will be very little
artificle light without any direct sunlight. This isa perspective
from a lower...or a section from a lower section to give you an idea
of the scale of the station with a person, and the guideway up above.
This is a rendering of the guideway. This is, a system -wide rendering.:`
This is for the entire system showing the scale of people and the
linear park that is along the guideway:' through its entire length.
That's an aerial view showing the parking lot. I wanted to point
out here that we were able...we will be able :to save six.major trees
there, one of which is a poincianna that is quite big. . And the parking
lot was...with the two hundred and five lot...or space criteria we Were
able to keep a mini -park in the center of it. That's a closer version
as an aerial perspective again from 27th:Avenue,of what you would see
in the station as you got a little bit closer to the fountain on the
bus leaving the station. The details are of construction are concrete,
all concrete with terracota pavers that are basically system wide as
well. That's an aerial view of the upper section"of,the station. Basically
from the same 27th Avenue perspective. This wall that's in the lower
section here is a security wall that encourages the patrons that do have
to pay not to get in the free lane, and you see the fountain in the
back. We felt the fountain would bring in the water type;, community that
is in Coconut Grove. It will...there is another blow-up of the.; fountain.
Now there in the background you seethe one security man that works at
the station. And the glass block in the background is the elevator
to the right of that. And over to the left you'll see the changing
machines, on the far left. And in between the changing machines `and;
the security mar, are the turnstiles in which they pay their fare.
This is a perspective of the station up at the upper lever showing people:
moving, and the skylight. .Just a.wbrd about that Coconut Grove Square
on the right hand side. There are sixty some, odd Royal Palms -that will .
be planted there in fairly good center to center locations. Such that
JAN 2 41980
is
it could be used as a functioning park for festive activities. The
many festivals that are held in Coconut Grove and the community there
could use that as part of the festival. We envision it with pennants ,
and some high color type of things. The community was very happy with
that plaza. Some of the...we've put in four or five slides here to show
some of the hardware that is system wide in the plan and that will appear •
in the station. Those are the basic lighting fixtures throughout the
entire system. Those are the turnstiles and the gates for the turnstiles,
system wide. That's what the signage will look like system wide and that's
what the exterior highlighting in the parking lot will look like system wide.
And that happens to be downtown but that's a replica of the lower level
outside lighting that will occur system wide. That's the presentation.
Any questions?
Mayor Ferre: Mr. Rooney, I have a comment. My comment is simply this, sir.
Most people live in Miami, lived in other parts of the United States. And
they bring with them the thinking and as a consequence, for ,',ample, in
the past you've seen people that come here from Michigan, or fr-m Boston
or what have you, and then they build homes as if they were in ..i.higan
and they don't realize that Florida is Florida and it's not Michigan and
the weather here is different and what have you. It's a natural
thing that happens throughout history. People migrate and they take
their ideas with them. We live in the sub -tropics. This is not
San Francisco, this is not Philadelphia, Washington and New York. It
gets hot here. It gets humid, it gets muggy. The air doesn't move..
You get into a semi -enclosed structure like that with glass up on the
top, as I noticed you had, even though there is cross ventilation,
I absolutely guarantee you that people will be miserable standing there
in the himidity of Miami without any air conditioning. Now I•know we
can't air condition. People don't seem to realize, and this has been
a twenty year battle of mine coming from Puerto Rico. I.keep telling
architects and planners and designers, what is.important is air
movement, not air tempreture. And the proof of it is you go down to
Jamaica or Puerto Rico or Haita or any place in the Caribbean and it is
just as hot and just as muggy and people don't feel as uncomfortable
that the reason is that there are trade winds and breezes.- Here we don't
have that. We don't have those trade breezes here. You've got to
provide for air movement in these things. My question notice
that there are no fans anywhere. And I...that's fine for somebody
thinking in terms of San Francisco. In Miami you Sregoin7 to •
regret that. You do not need air conditioning but you need air
movement. And I don't care whether you do it through ducts or whether
you do it through ceiling fans or what have you. But you...in these
stations I think you need tohave some .kind of air 'circulation.
Mr. Rooney: What we have done, Mayor Ferre and...is on the walls that
are the security...you need a certain number of walls at the base •
part of the station for security. And the walls'that we have designed,
they don't appear that well, are, eight inch tubular columns on fourteen
inch centers so there will be porous walls that will encourage the winds
to come through the walls. So the —there are basically...
Mayor Ferre: What wind, Mr. Rooney?
Mr. Rooney: Well, when there is wind.
mayor Ferre: In August and September in this community, or five or six
months out of the year, you could stand anywhere one hundred yards off
of the bay, and there is no wind. There is no air. There is no
air movement. What is one of the characteristics of Miami, unlike
most of the Caribbean is that there is no movement of air for about .
five or six months out of the year. In the evening there is no
.
movement of air. And consequently when it is eight-fivedegrees in the
day it is eighty-five degrees at night and you really are very
uncomfortable. My point being, I'm asking a question. I think we
are not facing this problem realistically. I don't know how long, the
wait is at a station but if it is more than three or four minutes r
really think if you put three fans or something where People could ,stand
under, you know, while they are waiting for that train to pull up,
you'd find much more comfortable riders. That's just a recommendation
26
ist
JAN 2 4 1980
overall what I think should be considered wherever you have stations
where people have to wait. And it is not an .expensive thing. You
are not condensing air, you don't have air conditioning...Idon't .believe
in air conditioning for public spaces like that. I think they should
be open. You have to have some air movement. All right, any other
comments, questions, statements, otherwise. What doyou need from Us
now? Do you need a motion? You don't need a motion?
Ms. Wacher: There will be a public hearing on this station design
February 25th at the Policy Council meeting. And we will be back on
February 12th for those other two stations. We're coming early to give.
you as much lead time as possible.
Mayor Ferre: Is Dr.
Dyer going to answer my questions about air. movement?
Ms. Wacher: I'm going, to bring those questions to him.
Mayor Ferre:
Could the end
Ms.-Wacher
Could beset a date on that? Today is the end ofJanuary.
of February be...would that be sufficient time?
Before the Policy Council "public hearing, yes.
Mayor Ferre: You know,;people...people in Miami don't think ° in terms
of this because theyare thinking in terms of other parts of the world
and Miami is a very special place. And I don't think,there,has been""
any consideration given to that. And really would like to havesome
response to it. Thank you. Thank you very Much
PI
S.
DISCUSSIOM OF DATES FOR TIE 1900 SUMMAR BOAT SI:OU
(Sr.E AGENDA ITEii 24)
1.1
Mayor Ferre: Now we are on item number "C", Mr. Grassie.
Mr. Grassie: This item, you recall Mr. Mayor, and members of the City
Commission, has been in front of the City Commission many times. You
had asked that it come up one more time and, what we tried to do is to make
sure that both parties to the question of the:the Summer Boat.Show.be present
at the same time. I believe that we have finally accomplished teat::
And you may wish to ask either party to begin the discussion.
Mayor Ferre: Father Gibson, and Mr. Lacasa, I: know you have an interes'.::
in this. Mr. Logan is here and we'll recognize Mr. Logan and his attorney
and then we'll recognize Mr. Pearl and his. attorney. Mr. Logan.
Mr. Victor Logan: Mr. Ferre, before I get started, good morning, Vice -Mayor
Lacasa, and other Commissioners. `About fifteen to -twenty minutes ago wher.
I thought this item was going to be heard, I was in touch with;Commissione*
Carollo on the telephone because he wasn't able to be here. He had an
emergency this morning. And he asked that out of courtesey to him,. I
would ask the Commission if they could defer this until this afternoon'.
because he is not going to be able to be here until three o'clock. And is
a very important factor to the vote on this issue, and would like to
hear it.
Mayor Ferre: How many people are here onthis
you? All of you? Well, I think then really..>.
for you to return this afternoon? Do you want
All right, I think what we'll do then is we'll.
action until we have a full Commission. Okay?
item, besides the°two of
would it..be inconvenient
to be heard on this?
hear it and postpone the
But I think.
Mr.:Lacasa: But if we hear this now and, postpone the action, will then
Carollo be voting on something that he hasn't heard? Or do we have to
go through the repetition of whatever we hear row, this morning here
Mayor Ferre: Well, see that's true. But the dilemma is that I cannot
impose...you know, I know Mr. Carollo, and we all have emergencies all
the time but Mr. Carollo was not here on Tuesday afternoon. We had
some very important things we had to discuss. He:hasn't been here this
morning, and you know...
Mr. Logan: He had an unavoidable emergency this morning and that is the
only reason he is not here.
Mayor Ferre: I see. These people are here and the want to be heard.
I'm very sorry, Mr. Logan,they willbe heard. Now we will put off the
vote. Mr. Carollo will either have to catch up anyway he can or he'll
have to read the transcripts or do something.and we'll have to face this
issue in the future.
Mr. Logan: My brief portion is very,
this, afternoon. for his benefit.
short and I` don't mind 'redoing,
Mayor Ferre: Fine. All right, Mr. Logan.
Mr. Logan: 'Thank you.
°Fellow Commissioners...or.Commissioners, due to'
the oil situation 'and the cost of gasoline, at least -three different
dealers in the industryhere. in Miami that I: know' are in the process
of going out of business. Anti I'm sure that there are more that "I am ."
not aware of. There is not room for two boat shows inthe summer on the
JAN241980
same weekend or a couple of weeks apart. And no dealer in his:xight-
-mind will disagree with that fact. Mr. Plummer referred previously to a
funeral parlor who opened down the block form another funeral parlor and
they both went out of business. On Miami Beach, the Helen Brent Show runs
two weeks after the Caroll Show. They are both gift shows and they are
both failing very badly. Is this what the City of Miami wants? IA
reputation for shows that fail? I don't think so. Because of the
energy situation, less dealers will exhibit this year. This will mean
less revenue for the show and certainly not allow funds to fight a. head
to head battle with another boat show the same weE.'kend. When Larry
Pearl came before this Commission last year, he represented to you that
he wanted to do a clearance sale, not a boat show. He misrepresented
himself and abused the intelligence of the Commission by running the Miami
Power and Sailboat Show. Recently, I did a mailing to my lest years
exhibitors, of which a few indicated they had been contactec:.someone
who had sold them space representing it was the Summer Boat Jhr ' already.
It was a salesman from Larry Pearl's Office who had confused tnem. They
said they thought it was my show. The Commission last year mandated that
there would be only one summer boat show. Mine. And they gave me
a sixty day before and after, A11 City protect and put it in writing.
When Mr. Grassie, as he so many times does, decided to take it upon
himself to issue Mr. Pear a contract for the Marine Stadium, the City
could not honor my all City protect for last year. But the City
suggested that I come back and ask that it be reinstated for the contin .nce
of my contract. Here I am now. The City Attorney has given his
opinion that certain steps and motions can be made to give the All` City
Protect. I don't think we are here to discuss whether or not you want
to give me the Protect as it has already been granted and put in
writing. It was the question of this Commission to your attorney,George
Knox, "was it legal to do it?" And he answer yes and told you how to
do it. When last year your City Manager gave Mr. -Pearl a promise in
Writing, his attorney pointed out that you had a legal obligation to
honor this and you did. I hope you can now see fit to honor your previous
commitment to me. In closing, let me say this. You have given Me a long
term contract which calls for a five year period with anr;option for me
to renew for another five years. That's ten years.' I'mnot just another
show but one of the very few shows that has obligated myself to sticking
with the City for quite some time. In other words,:: we have a'business
agreement for the City to profit by my show for ten years. If youallow
another show to compete with me in your City, 'and do not honor your
previous commitment, it among other things will jeopardize the success
and cause the City great loss of revenue for the remaining years, if any
revenue. Thank you for your patience on this issue, and your desire to
do what is right.
Mayor Ferre: Thank you, Mr. Logan.
Mr. Jon Zeder: Mr. Mayor, Mr. Vice -Mayor, Commissioners, my .naxne is
Jon Zeder of the firm of Paul and Thompson representing Mr. Pearl and his
company, Exposition Corporation of America. I think the principle issue
before the...can you hear me all right?
Mayor Ferre: Yes, you can move it up.
Mr. Zeder: I think the principle before the City is whether ':the City
may legally prohibit Mr. Pearl from continuing the Miami Power and
Sailboat Show sponsored by the Greater Miami Marine Association. That
effectively, is what Mr. Logan is asking the City to do. The show is
scheduled to take place this year, this coming June, and before the.
Commission is Mr. Pearl's request to approve a five year contract at
Miami Marine Stadium for this show. A secondary question is, if there
is the legal way in which the City could prohibit Greater Miami Marine
Association through Mr. Pearl from continuing this show, would it be
in the City's best interest to do so? I think the second questionis
answered in the negative because, the same factors are considered by
virtue of Mr. Knox's opinion. in answering the first question. As to the
first question, Mr. Knox has issued written opinions to the City, dated
June 21, 1979, and November 21, 1979. These opinions effectively answer
the question as to legality in the negative, There is a recent Supreme"
41980
Court of the United States opinion, which makes this City liable under
the t Sherman Anti-TrusAct for anti -competitive conspiracies. It would
be a violation of the Anti -Trust Act, and therefore, illegal. So the
City Attorney, Mr. Knox, has'advised in writing on two .occasions, if
certain conditions prevail. I read from the synthesized version of
Mr. Knox's opinion, November 21, 1979. He has advised, "You much
find that the holding of two events at -two separate facilities within
the City, and within a certain time period would result in severe:economic
harm to the City." That is the first thing.you"must determine. Second
. point, you must find and determine that -the market cannot bear two
events of the same nature within the same time period. And the third
point, although not enumerated in the letter, I think is perhaps most
significant from a legal standpoint, he says,, "There appears to be
no legal precedent for providing buffer zones for:protection periods
where two separate facilities are involved What we are talking about
here is the Marine Stadium where Mr. Pears wants to continue wit', his
annual boat show and sailboat show with the Greater Miami Marine Association's
backing. As to the first question, with respect to severe economic
harm to the City, I'm not talking about a dealership who might go out of
business becasue of gas shortages. We are talking about severe economic
harm to the City of Miami. As to that question, there is absolutely nothing
which has been shown by Mr. Logan or has otherwise been developed by
Mr. Grassie to show any economic harm whatsoever to the City of Miami
by virtue of Mr. Pearl's show. To the contrary,'the City receives rent
by virtue of that show so there is a direct tangible benefit to the
City. In addition, the local business ,community benefits, tremendously.
from Mr. Pearl's show. I'm going to hand out to,you apamphlet which'.
shows that at the first show last summer at Marine Stadiumover.three
million dollars in boat sales were recorded. by members of the Greater`.
Miami Marine Association and other participants in that show. And
finally, there is the favorable local,. state and national publicity
which resulted from the First Annual: Power; and Sailboat Showat Marine
Stadium. I'd like at this time, to distribute a reprint from the
September, 1979 issue of "Go Boating" .which sevidencestheysUCceSS,
and the popularity, and the benefits, to the City:, the ;members of the
industry which resulted from that'show.
Mayor Ferre: Fine. But that's..'.I don't think any of this is germain
to the main point which I think is a legal,question. And'I think, you
know, we',re.dealing with a legal matter. And I'd like to..'.have you
concluded. your statement?,
Mr. Zeder: No,
Mayor Ferre: Go ahead.
Mr. Zeder: I will respond to that, however, because the reason it's
germain, Mr. Mayor, is because the City Attorney in his opinion has
said that in order for the City from a legal standpoint,. to in any
way justify prohibiting the show it must find severe economic harm.
By this pamphlet, by what I have stated, I';;am showing -that there' is
not economic harm to the City, on the contrary, there is benefit to'=
the City from the additional rent, there -is benefit to the members of
the community represented here by the members of the, Greater Miami
Marine Association. By virtue of being able to;have this forum to sell
their goods and by that publication of which a reprint.has been'.
distributed, there is favorablepublicity to the City of Miami, Marine
Stadium and that is one of the legal things on thebasis of which
Mr. Knox's opinion has been rendered. Now withrespect to, the second
point of Mr. Knox's opinion, he"points out, you must find and determine
that the market cannot bear two events of the same ;nature `within a
certain time period. On�that issue, Mr. Logan has said that there were
two or three dealers who have gone out of business. :Respectfully.
I believe Mr. Logan has also said that his summer boat show is a success.
:>nd I would point out that'the record in terms of whether the market'
can bear two boat shows during this :time periodris clear. In fact,
as evidenced by what i have pointed out, the First Annual` Marine
30
JAN 241980
Power and Sailboat Show was a tremendous success. Mr. Logan's show,.
was a tremendous success. And there is a history, therefore, in 1979.
and way back to 1973 and 1974 when there was also a show at the
Marine Stadium, who incidently with the shows at the Dinner Key,
now the Coconut Grove Auditorium, that there can be a success. The•
`,.
market can support these shows. Now with respect to the third ground,
there is no precedent whatsoever, as pointed out by Mr. Knox in his
opinion, for prohibiting a competitor in the free enterprise system from
using a facility separate from a facility which one exhibitor proposes
to use. You're talking here about the Marine Stadium which benefited
the members of this association and the members of this community .
to the extent of three million dollars in sales. Mr. Logan is not
asking that he be provided buffer zones with respect to the use of
the Coconut Grove site. He is asking that every facility within the
City of Miami be precluded from any competitor cluring this time period.
There is absolutely no precedent from a legal standpoint to support such
an anti -competitive act by this City. The three million dollar benefit
would be taken away and this City, would expose itself to an action
for treble damages under the Sherman Anti -Trust Act. I think with
respect to the second question and the benefits to the City, those,. are
also answered by the considerations raised in Mr. Knox's letter. The
City will benefit, the members of the industry will benefit, and the
community benefits from the publicity from this very successful show.
Now finally, I think that there' is, a significant irony about the position:
that Mr. Logan is requesting`: this City to take. Heis asking and.
that this anti -competitive move to prevent Mr. Pearl from operating
his boat show being adopted by the City. And he'is, I assume, proposing
that this is not illegal. He is construing Mr. Knox's opinion as saying.
it is not illegal. I'm not goingto presume for Mr. Knox, or to give
counsel to the Commission, but I think that Mr. Knox's-opinion speaks
for itself, and it does say that there are legal problems with any
such action. But I think the irony of this that, at the same time
as Mr. Logan is telling this City that the Anti -Trust Acts do not apply,
in November, 1979, in circumstances where earlier Mr. Logan has told
this City Commission that he has no intention ,building up,a show` in
the. City of Miami and moving it to Miami Beach, on November 21,,1979,
Mr. Logan appeared before the City Commission' of the City of Miami Beach.
And I have for the Commission copies of -the minutes of that meeting.
I'd like to refer the Commission to the third and fourth pages, particularly
the fourth page, with respect to the intentions of Mr. Logan.
As of November 21, 1979, Mr. -Logan was telling the City Commission of the
City of Miami Beach...
Mayor Ferre:
As of what date?
Mr.-Zeder: As of November 21,-1979, Mr. .Logan "Now what I'm.proposing,
and what I proposed at that time, Was that I was asking this' City.
permission to bring•Miami's Summer Boat:Show to Miami Beach.
Mayor Ferre: What?
Mr. Zeder: And this goes on throughout this transcript.
Mayor Ferre: You stood there, Mr. Logan, and told me exactly' the:
opposite.
(INAUDIBLE COMMMENT)
Mayor Ferre: Okay. I'm sorry: I didn't mean to interrupt.
Mr. Zeder: That's point number one. On page three of this transcript,
he quotes Dan Paul, my law partner, as saying to the City of Miami
Beach, "You cannot prevent me•from bringing this show to. Miami Beach
because it would be a violation of the Sherman Anti-trust Act. I
submit to the Commission respectfully the dates requested by Mr. Pearl.
should be approved and that the request by Mr. Logan for a buffer zone
that applies to the Marine Stadium should be denied.
ist
JAN241980
Mayor Ferre: Mr. Logan, didn't I ask you in the November meeting,
precisely, did you have any intentions of taking this summer boat show...
were you building it up to take it to Miami Beach, and you said no...
Mr. Logan: Let me answer that for you. The testimony that he is quoting
to you, keep in mind, before I ever came to the City of Miami, I
approached the City of Miami Beach, in 1977. And the statement that
he is quoting there, if you'll read it again, says"I was requesting"
and it was referring to 1977. You see, they asked me to come back before
them because they...when John Rogers came before the Commission asking
for an extension of his exclusive contract, I appeared at that time
and spoke against it. And there is a tremendous difference between
requesting a protective all city buffer and a total protect annually.
And I think that's where the Anti -Trust comes in. And so when they
called the issue back before the Miami Beach City Commission, at that
time, Mr. Ferre, they asked me since I had addressed the issu>. before
if I would come back before that Commission. Okay, now when t av asked
me if I would come back before that Commission, I addressed the sue
again that I had spoke to them in 1977. And it referred to what I had
said at that time. Now, I further had indicated to this. Commission, aid
maybe you didn't catch it, and also previously to Father Gibson, that it
is very imperative that I protect myself. And as long as this City,
and I want to say this on the record again, continues to do what'is right
in honoring their previous commitment to me of the all city protect
so that I don't have to fight for my life with another show this same'
weekend here in the City of Miami, 'Yes, sir, I do intend to honor my,
commitment to this City.
Mayor Ferre: Well, Mr. Logan, will you explain then how you can go over.
to Miami Beach on November 21st, and say,unless these minutes are wrong,
"now, what I am proposing and what.I propose at this time, was I was
asking this City...
;Mr. Logan: I was asking..
Mayor Ferre: This City, Miami Beach permission to bring the Miami Summer
Boat Showto Miaxni Beach. How
could... �
Mr. _;Logan That's correct.
Mayor Ferrer You come here and aski for protection and then go over to
Miami Beach and ask their permission to transfer, the Miami Boat. Show
to Miami Beach?
Mr. Logan: If the City...let me explain the answer to that question for
you. Once a contract has been granted, as Mr. Grassiegranted a contract
to Mr. Pearl for the Marine Stadium, it is you legal obligation to honor
it for the fulfillment of the contract. Once the Miami Beach City Commission
and City enters into a contract with John Rogers, it is their legal
commitment to honor that contract to the end of it. Now, what they were
asking for was an additional ten years to the contract on that day.
All right, now providing that you said to me today, or a week after that,
Mr. Logan, we're going to to ahead and allow Mr. Pearl to do his
competing boat show with you the same weekend every year. We don't think
there is anything wrong with that. Had I allowed the Miami Beach City.
Commission to extend Mr. Pearl's...excuse, Mr. Roger's ten year contract
to another ten years, I would not have been able to protect myself or
my boat show for an additional ten years. And that is what I'zn attempting
to do, is to protect that situation.
Mayor Ferre: Mr.
November 21st.
Logan, Mr. Logan,you came here subsequent to:.
Mr. Logan: I have notbeen heard, sir.
Mayor Ferre, Whenwas it that you were...
Mr. Logan: We keep postpaning this...
JAN2a 1980
Mayor Ferre: Mr. Logan, you were on that microphone and I asked you,
Mr. Logan, are you now or have you in the past, or will you in the
future, request the transfer, and you said, no.
Mr. Logan: I suggest that you pull out. the minutes an dy'them.;
And I think you'll find I'm not doing anything...
Mayor Ferre: I asked you...did I ask...didn'tI ask you:.
Mr. Logan: You said at that time you asked me, did I have intentions
of taking my boat show to Miami Beach. And I': said, no.
Mayor Ferre: Right.
Mr. Logan: You also asked me if I intended to take over :the "MI.mi Beac
Boat'. Show and .I further said, no.
Mayor Ferre: 'Here' s.—these are the minutes o
Ferre:
Mr. Logan:
That 's:78 .though, `sir .
December 14th. Mayor
Mayor Ferre: "Because . of the thrust of the question obviously is
are you -building up your reputation here to go`over to Miami.; Beach_ and
put the. Boat Show on there whenever you�.can? Logan: "Defin'itely-not."..
Mr. Logan: That's
correct.
Mayor Ferre: Ferre: "That's on the record and I believe it." Grassie:
"Mr. Mayor, the answer requires a little clarification because I think,
frankly, it was somewhat deceptive. Mr. Jennings will speak to it."
Then we get down to Jennings. "Norman Litz, the Director of the Miami
BeachConvention Center this will clearup.the'issue of Mr. Logan's
use of the Beach. It .says,-pleasebe advised that, you are correctin
your understanding that Mr. Vic Logan has requested Convention Center
dates for a summer boat show" and so onand so forth. Mayor Ferre: "I
thought I just asked you and you told me you had no interest in..."
Mr. Logan: "No, • sir. Let me clarify it for you." And then 'you :keep on
going down the same explanation. Well, OkayI guess that's something
we are not going to be .able to get a clear...
Mr. Logan: You:.had known about itin..78. This. was-nota.new move on
my;part They asked me to come - backand"reclarify'my'initial statement.
And I'm simply trying to protect myself...
Mayor Ferre: ' Mr. Logan,I have another question.
Mr. Logan: All right.
attorney for Mr. Pearl
Either now or when the
me 'just ; a second, I'd
Can I ask; you one other
elated to;three-items in
other. people are through
like to answer tothat.
thing, Mayor Ferre? The
Mr. Knox's presentation.
talking, if you could ,,give
whenever is best for you.
Mayor Ferre: I would like;to.ask,you a;question. You hadRon:Lieberman
who is a very capable attorney, representingyouu..'He's not here today, and
I noticed'he wasn't here last time. Is he'still'representing you?
Mr. Logan: Yes, he is.
Mayor Ferre: All right, but he's not here or any of his associates;.
are not here? You don't have a lawyer;representingyou?'
Mr.Logan: Not at this particular moment.
Mayor Ferre: Okay. 4.
Mr. Logan: Beside me.
JAN24195Q
Mayor Ferre: This is a legal...we seem to be in a legal...we're
discussing law now and we eventually have to get the Law Department
to give us an interpretation.
Mr. Logan: I have no problem with that...
Mayor Ferre: I just want to make sure that you have the opportunity
to have a lawyer here because we are talking about`, the law. '`Are you
a lawyer?
Mr. Logan: No, I'm not.
Mayor Ferre: Okay. Now, I notice here also in these minutesthat
you go over to Miami Beach and hand over evidently, a statement of
law .in a: letter written by Dan Paul, which we're heard so many times
here, and evidently you used the same arguments that Pearl �,•nd this
law firm are using here, over on Miami Beach to serve your purposes.
Mr. Logan: No, sir. Let me explain what the difference is. The
difference is that they are, as far as I'm concerned, definitely,
in a conflict with the Anti -Trust Statutes because they are...because,
what I'm asking for is a buffer zone which is not illegal. There ere
asking for total restraint of trade and I'm not restraining trade.
I'm giving these dealers an opportunity to go into a summer boat shoo
and make thatthree million dollars...
Mayor Ferre: Mr. Logan, excuse me.
Mr. Logan:
Okay.
Mayor Ferre: I'm not a: lawyer. You're. giving me a legal interpretation
of buffer zones and restraints. So at'this ;Point, I`.have no other choice,
really, but to turn over to the City Attorney and ask him for simple
and basic clarification. We must follow our City Attorney's ruling.
or at least I've always done that. And my _question to you is, legally,
where are we? I mean, Logan is not an attorney and he doesn't have his
attorney here. He's stating; that there is -a difference between Miami`
Beach because that is a constraint whereasthis is a buffer which is
different, now what is the law?
Mr. Knox: Do you want me to address the question of the lawfulness of
offering Mr. Logan a protection...a City wide protection period at this
time?
Mayor Ferre: Yes. My question to you, further is, this lawyer here
representing Pearl said that there are three areas which must be
addressed.
Mr.Knox: Yes.
Mayor Ferre: The basic one, as`I understood it, is there economic harm
to the City of Miami? Not to, you know,a' boat salesman or to anybody but
to the City of Miami. And then. he mentioned another two areas. Logan
here, without an attorney makes a legal interpretation on ,the difference
between Miami Beach and Miami. And you know, my...I'm asking you for
legal clarification.
Mr. Knox: There is an answer for the larger question that I.think You
would probably want me to reserve until everybody has been heard. It
appears that Mr. Logan's suggestion is that the City of Miami Beach has
granted to Mr. Pearl exclusive contract of.a long term whereby, at no
time may another competing event be held in the Miami Beach Convention
Center. It appears that'Mr., Logan's suggestion is that that violates
the Sherman Anti -Trust Act•because it creates a monopoly in favor of
Mr. Pearl. Question here.,.
Mr. Logan: In favor of Mr.Rogers.'
34
JAN24188
ist
`Mr. Knox: Mr. Rogers. The question relates to Anti- Trust violations.
It appears that Mr. Logan's suggestion is that he's trying to provide
an opportunity to have a summer boat show in Miami Beach. Here the
question is whether he's entitled to a protection period. There's a
slight difference but the question still relates to Anti -Trust. He
alleges a monopoly on Miami Beach. Mr. Pearl alledges a tendency,
if you will, towards a monopoly here by granting protection periods.
that Mr. Logan is asking for. The questions are essentially the same
but the difference is probably in the duration of this exclusive period,
that is in question in each case.
Mayor Ferre: Well what's the answer.
Father Gibson: Let me ask...let me ask this, Mr. Mayor.. But 'isn't it`
a question of on Miami Beach there will; be no performance at �11. That
would be when it is exclusive. The protection is you may have fifty
others but you cannot have them sixty days before nor sixty days after.
That's the main thing. Don't lets- confuse the thing. The other man on
Miami Beach says, no, no, there will only be:one here once a year. And
that one will be...what:s his name,'Rogers?
Mr.. Logan: Yes, sir.
Father Gibson: That will be Rogers. That's not what this man is saying.
.That's a sharp', difference.. Incidentaly' for you, I wentto Law School
one day.
Mayor Ferre: George, I hate to do this to you, but really...
Mr. Knox: Essentially, it's my feeling that it's really notrelevant
what the situation or the arguments are on Miami Beach. There are
differences in the arguments.: I maybe, for example, without', passing any.
opinion that it was not necessarily any breach of faith by Mr. Logan to
use those arguments that were advanced on behalf of Mr. Pearl here over
on Miami Beach. But, that's not the basic question that's before this
Commission at this; time, in my opinion.
Mayor Ferre: Look,let me pose it another way. You are going to have `to
defend a law suit one way. or the other. Okay? So whatever legal:
opinion you give us hereis the one youare,going to have. to defend in
court.
Mr. Knox.: My; question is, I: have answered, to the best of my ability
your first question. Now I'M asking if .you are prepared fore me to answer
the question that's being raised?
•
Mayor Ferre:
Yes.
Mr. Knox: All right. The City of Miami is ,subject to the Sherman
Anti -Trust Act by virtue of a recent United States Supreme Court decision.
The ,City of Miami has the power to violate, if you will, the Sherman.
Anti -Trust Act on certain conditions. That is the Sherman.' Anti -Trust
Act provides for certain exceptions or excuses for. violation. "There are
two essential showings which must: be .made. The first showing is, and the
burden of proof is on the City. If the City: choosesto violate the`
Sherman Anti -Trust Act, the literal Sherinan Anti -Trust Act, then the burden
is upon the City of Miami to prove that its justifications were legally
sufficient for the violations. The first thing that has to'happen is
that the City of Miami has to establish based upon some competent and
substantial evidence that the City of Miami, as. a government entity
would suffer severe economic harm if, in this case, two similar events
were held within a reasonable time proximity to each other. The second
finding of fact based upon competent and substantial evidence'that the
City must determine is, that the market, the City wide market will not
bear two similar events at two separate facilities within the same, or.a
reasonable time period. There is legal precedent where there has been
a case decided where these two things have been satisfied where we are
talking about two separate facilities. The most prominent cases involve,
ist
JAN 19,
first of all, Washington D. C. Football Stadium where the old World Football
League, or American': Football League sought to use the Washington RFK
Football Stadium at the same time that the Washington Redskins use it.
That is not our case. The second prominent case involved the use of the
Jacksonville Coliseum for wrestling events where an exclusive contract
was given to a promoter to hold wrestling events each and every Thursday
night. And a competing promoter sought to hold wrestling events on
another night at the same facility. In that case, the Supreme Court of
the State of Florida determined that it was perfectly permissable under
those circumstances to allow an exclusive use of the Jacksonville Coliseum
for promoting wrestling events for two reasons. Because the record
reflected that the Jacksonville marketcould not bear two separate wrestling
events within the same week. Second of all, this was the only facility
in the City of Jacksonville, where wrestling events could be conducted.
Third of all, that...that the City of Jacksonville itself wouli Fllffer
severe economic harm if more than one wrestling event were held _vhin
the same week. And fourthly, the City of Jacksonville or the Jacksonville
Sports Authority was a creationof the Florida' Statute, and the Florida
Statute specifically gave authority to the Jacksonville Sports Authority
to limit or restrict the use of that facility. In our case, we do nct
have specific statutory authority from the State of Florida. It remains
a question of fact which can be determined by the management as to whether
or not the City' of Miami has suffered any severe economic damage,,for
example,: by virtue of the two boat shows that were held last summer.
And third of all, the question to be determined by the City Commission
based upon some evidence is whether or not the City of Miami, generally,
market can bear two similar events at two separate facilities.: Again,
there is no precedent for applying these exclusive provisions where there
are two separate facilities involved. Unless...unless these showings
can be made upon the public record, then the advice of your City Attorney
is, that to grant an exclusive protection period city wide, would indeed,
violate the Sherman Anti -Trust Act, and in a law suit, the burden would
be upon the, City to prove or to justify its violation of the Sherman
Anti -Trust Act.
Father Gibson: Let me say where Theodore Gibson is. I...I get...I.have
real problem in my life when people violate the spirit. Th spirit of the
law. This man came to us, I shall never forget, this man came to us,
he was the only man in the market atthe time, and he asked us to let him
proceed with his boat show. After he decided...after we gave him the
permission, the Manager gave another ..this gentleinan, the right to
operate a boat show within a given time. Now when he came he asked for
this sixty days before and sixty days after. We agreed to it. How this
thing got confused and boggled up,;I do not know. I only know one thing.
That if you going into court, you ought to go in court with clean hands.
And what disturbs me is we don't put ourselves in our brothers shoes.., Now,
it is also true it may not, be relevant. But as I think,this man :has 'as;
boat show at another time in the City, using the same facility and I could
only. conjecture, I.maybe 'wrong, that the reason for the second part of the
business is to, make sure he does indirectly what he can't do directly.
He won't have any competition. Now, I charge. this Commission, and I'll
tell you this, I charge you to do whets morally right. Because what will
happen, he may getby with it today, but it's only a m atter of time before
you won't get by. He'll come back here, in another instance, and put
you on the fire. The best example is his lawyer.
Father Gibson: His lawyer...you know his regular lawyer. Now, Y6ii know...
• I just-find•it hard. My living gets to be easy.: .I can go to bed at night
and sleep because 1 do by and large, what•.y• heart.I believe.to,be ;
right. :Take it into account: The lawn A'law that works for..you will work
Qyainst you. I have nothing,•against this gentleman. I want to tell you,
before he came here in -this cross-fire.`business,,I thought.;..we he and;I
•got along:_as two great citiz4Is together.. But I:cannot in good conscience
sit up here knowing knowing that he had a boat show... It was -going
great guns. After thisman came for a summer boat show, he decided he
JALB 2 ° 198Q
wanted a summer event. Now look, Miami is no my. coy,agic Citntrarit isn't magic
when it gets to money I would hope and pray, and trust that we would want
this"man, whose,a small time operator to be given an opportunity to live.
One:of`the things that bothers me as.I live, is the big fish wants to eat
up the little fish.' And in all the American process is, if you give that:
little fish,': you know, an opportunity, you'll have a lot of fish in the.
,pond.` You :know. And I urge us to do what is morally right. And the
moral thing is, the man came in, nobody was using the place, nobody
was, using the place for a boat show in the summer. Now, anybody who
:says to the contrary isn't telling you the truth. Now, I'm going to tell
you I'm going to vote. I'm going to vote to let the man have the sixty
'days before, sixty days after because we...he came in here, he asked for
it, we agreed to let him have it, and then I dont' know, by isomething, the
Manager gave you a contract and then, here we are challenging it.
The thing you do, my bretheren, live and let live.`:It's you today but it-
may be me. tomorrow. Okay.
Mayor Ferre: All right, further comments
Questions?
Mayor Ferre: I think, at this point, we said we would listen, does
anybody else want to speak up on this? i think it's important that we
realize this is really a legal question that has to be...and I think;'
each Commissioner, as Father very carefully and ably expressed, has; got
to vote his conscience guided by the legal 'ramifications that are
involved. And I think we each have to do that I think the City Attorney,
from My point of view, was very clear and very „explicit._ And,I have
served on this board either as a Commissioner or as Mayor for ten years,
and ;neverhave I not followed the clear recommendations of the 'City
Attorney, whatever they may" be. And "there were a lot of times when I
voted onthings that I' was not very happy about. But" in ten years, I have
always followed, in: legal matters, the legal advice of our City Attorney.
Arid` we are each entitled:to,do what our;conscience;.tells •
us what has to
be done. Mr. Logan, do you want to` add something now?
Mr. Logan: Please, Mr. Ferre. Mr. Ferre, I'd like to address the legal
question because I think that is what is at issue at this time. And
it'is,-not my personal opinion,,for whatever legal experience I might have,
that Mr.;Knox has recommended that you cannot legally or; should not
give me this all city protect. He has not said that, number one.
Number two, he -gives you three areas that you must fulfill. And as far...
let me attack them one at a time as the'other`attorney .did, just to
answer him. We have a boat .show here,in the City of Miami now, in the,
summer, that will provide space for. these dealers. I don't know,who the
list is made of or where the information came from, but,I could almost
•
guarantee you that no three million dollars worth ofboats.were sold ,at
the Marine Stadium Boat Show this last summer. But, we have:a.ten.year,
as 1 said before, long term contract, business agreement, betweenimyself
and;:. the City that we have to consider with respect to resultant 'severe.
economic harm to the City., And in the event that this City which is at
this time promising you'approximately one hundred and fifty to two hundred
thousand dollars or more over the next ten year period,', should. fail
due` to the direct result of another boat show on the same weekend or a
couple of weeks away, regardless of what facility it's at, the show will.
fail, and you will lose that revenue which will"mean great harm to the;
City of Miami. Then asfar as the market is; concerned, I must, and I
can't make this important enought,: and I knew that there were dealers
from the Marine Association that were going.. to be: here today, and out of
respect to them, let mesaythey are honestly admitting the:fact that .there
are problems in the marine, industry because of the energy situation; and
they a r e goingup and they are -going. to;.have
are to have to tighten their belts.,
to go with the new trend. I was talking. to.a.boat dealer "yesterday who
said, small boats orthe middle size boat maybe a thing of the past because
everyone is going to the small.'car and the small car, is not supposed to
pull anything more than one thousand pounds. so, they are ,eithergoing
to have to start manufacturing a much, lighter boat to -be able to do it.
or there is going to be real problems. Now, in addition to'the' people
41980
that are already going out of business, there are dealers sitting
within this group who have indicated to me that they are either going out
of.business possibly, or that they are not going into the October show
Or either the summer boat shows because of these problems. So what
I'm trying to say to you is this, we are faced with a problem where. I
can say to you that my boat show was not a booming success last year,
although it was five times attended the amount of Larry's attendance,
but it existed and it began and it's going to grow, I hope. All I'm`
`saying to you is if we continue with two boat shows in the same weekend,";
what's going to happen is that Mr. Pearl is going to advertise what should
have been a clearance sale is a boat show now. He'. going to advertise
it and promote it. And when the media gets the literature, they are
going to be so confused that the public won't know which one to go to,
the dealers won't know which one to exhibit to, because no dealer can
possibly have a large enough staff to go to both boat shows on the same
weekend and. exhibit. Now last year, a number of the dealers 'nt in
both because we were three weeks apart. They can't do that th'.s year.
5o as a result, lost revenue to us, lost revenue to the City. I
believe that will show great harm. So I don't think that the market can
':bear two boat, shows. And as far as the Anti -Trust Statutes, I think
it's, clearly pointed out that in the Jacksonville case we have•a
situation where they were talking about protects at the same facility.`
Now there, are other facilities within Dade County here and there. are
other facilities that will house boat shows. Whether it be the
Expo Building or whether it be in the County, the Youth Fair Grounds
• or other facilities. So there are other facilities where.he:can
hold'it and we are not asking for any kind of a monopolization because.
he ;has the October show. It clearly shows that. We are simply asking:'
for a: protective buffer so we can honor you by a successful show•
.
•And thusly, I think all three of these things, you;` have the rightto
find in favor of the All City Protect which you granted previously..
Mayor Ferre: All right, thank you, Mr.
at this time?
Mr. Plummer: Mr. Mayor,'. the reason we are hearing this
people wanted to testify and could not come back.
Mayor Ferre: Fine. That's why I'm asking
anybody else who wants to be heard?
s there
Mrs. PatriciaAlter: I'm here with ten men today from the Greater Miami
Marine Associationand:I guess I'm going tobe the only vociferous
one. I` want to point out one thing. I' am Mrs. Patricia Alter Greater
Miami Marine Association, in Miami, Florida.` I want to just point out
that the Greater Miami Marine Association is an organization of your
boatingindustry leaders, dealers, retailers, and those connected in anyway
with the marine or boating business. .Some of them are very small business.'`
men. Some of them' are very large businessmen. At any rate, the, organization
was formed twenty-two years ago to try to.protect and promote pleasure>
boatingin this area. As a result of that, we wanted to put on a boat show.
a number of years ago. We hired Larry Pearl to put that show on for us.
It was a successful show at Dinner Key in. October. Along about two years
ago, it became obvious that this market was the third largest boating
market in the country and it was time that there was a summer boat
show. Our members, all in the boating industry decided it was time
we had a show that would benefit the public, benefit the community by
letting the community come in at a very cheap price to look`. at the year
end boats. The boats that these dealers wanted, to get rid of. A
clearance sale. It caught on, it was a good idea. We are not in the.
boat show business. We did not knowhow to put on a boat show so -we hire
Larry Pearl who puts on our ;Dinner Key Boat Show to put this summer, show
on for us, in the way that he knows how to do it best. We selected the
Marine Stadium, not Dinner Key, the Marine Stadium because we could charge
our dealers a lesser price to ,get in the show which means that more dealers
would be in. We could charge the public a"smaller admission fee so that,
the average working person could come in and maybe find a year, end
bargain. So, we are not the big guys so to speak, we are trying. to do.
the community a service. I would also like to remind you all and the
members of the press, that the Greater Miami Marine Association is the.
group that sponsored the cleanup of the bay, a community effort. We
also sponsor the Marine Mechanic Courses which are in all of our high
schools which put youngsters through the Marine Mechanics Program and
that we are constantly in Tallahassee trying to fight higher taxes on
our marina properties and on our submerged lands. NowI have a question
for you gentlemen. Can anybody tell me what has happened,to -free
enterprise? Is there any reason why there can't be two summer boat shows?
After all, there are several department stores, some make it and some
failed just as Richards Department` Stores recently had to close. May
the best man win. Couldn't it just be that way? Thank you.
Mayor Ferre:. All right. In other words, you, in representation of your
association are in favor of two summer boat shows Is that co..~ect?
(INAUDIBLE COMMENT FROM THE AUDIENCE)
Mayor Ferre: Anybody here that wantsto speak different to that?
Father Gibson: Mr. Mayor, just before...I know we are going to vote v.hen`
Mr. Carollo is here but so that nobody goes away from here and doesn't
understand this, guy. Okay? I agree with all that you say, but, when you
come here and tell me certain things,,I expect you to live up to them.
When this gentleman came, he specifically stated, the record,. will show
that he was not having a boat show ...summer boat show, he was having..
a clearance sale. Now, I don't like to be mislead because I then start
looking like a fool. I believe that when you come to me you tell me ,?
thetruth, the way I. pastor the church. My members come, I don't care
how wrong they are, I, say, you come tome, you want me to help you...`
you can't believe this, until I got on this Commission.I would go to the
court always, you know.. .Okay.. 1 can't do that now. That's one of the
things miss. Do you know what :I said to.my members? Tell., me the
truth even if it hurts me and ifit is against you. Tell me the truth.
And once you do that, let me. decide. They came here saying they wanted
a clearance sale. That's what it was. It didn't say anothr boat show.
See? That's what he said. Otherwise,:.I would have said right away. to
him,' you want two? And I just thought we ought to put that on the record
so you_: would know why';I feel as I do and why I'm saying some of the things
I'm saying.
Mayor Ferre:
All right.
Father Gibson: :Okay?;
Mr. Logan: Maurice, I just have one last thing to say. Very short.
1 think, of all the members of the Greater. Miami Marine. Association which
isa very good one, I°think about fifty percent or more of those members
were inmy show in the summer, number one. Number two, when they came
and decided they wanted to do a boat show it was because members of their
board met with me to taik about them owning it. And furthermore, they
decided they wanted to do the, show at Dinner Key, as you may recall.'
They didn't decide they wanted to do it at Marine Stadium, and they
were turned down to do it here. And then they decided to go to the
Marine Stadium. Thank you.
Mayor Ferre: Vic, look. Let me,...let me express my; opinion, again. I
think you have rendered this community a tremendous service. I really
do. I: think you ve done a...beoause you came up with something, that,
with all due respect to Larry Pearl, he hadn't thought of. Or if he
thought of, he hadn't done. Okay? You did it. That...I think deserves
our thanks and our admiration. And as Father Gibson has pointed out
time and time again, our gratitude. Okay? And`I think there is a certain ".
amount of loyalty that is!involved...and you area small enterpreneur
that has accomplished something'. Now, we have here the industry. So
called association twenty-two years and what have you. Andthis lady
has come up representing herself to speak for the industry and for that
association. She didn't say that your show was bad. She didn't say that
she wants;. you to quit, to stop, or to fail. What she did say is, that
there was really room for both, of these shows becasue the serve a market
39 JAN 2 4198g
ist
= which is ever expanding and they, the industry, would like to have both
of these shows. That's what she said. That's what I heard her say.
Mr. Logan: But she doesn't represent the.industry, sir. And they did
not ask her to come: as a spokesperson. She was speaking as an individual
who does not own a boat dealership.
Mayor Ferre: Well, she came...the clerk can repeat what herstatement
was. But ;she said she was here...in what capacity did you say?
Mrs. Alter: For the Greater Miami Marine Association.
Mayor Ferre: For the Greater Miami Marine.. .he 's challenging that.
In other words, what authority do you really have? Are you the Executive
Director of it? Are you the President? You're just...you are a. member?
Then why would you have the authority to speak; for the Association?;,
Mrs "Alter: (INAUDIBLE COMMENT AWAY FROM THE MICROPHONE)
you're the Public.Relations,Director, ."I see. Come u;
we can get this on the record. I don't want to be;
you. Let me just put it very succinctly. Is it your
representing to us that you think this is the will
of the inajority of your association?.
Mayor Ferre: Oh,
on the record so
repeating it for
opinion, are you.
Mrs. Alter: Yes, it is. And I think you can question our members.. I
the Public Relations Director for the Greater Miami Marine Association,
for the Off -Shore Power Boat Racing Association,for the Volvo .Pinto Marine
Distributorship which covers seven states. Now I'm not saying that all
of :them feel that way but this is how they have expressed themselves and
this is my opinion from sitting in these meetings. We're really not
fighting anything. We want to do a service to the community.: Vic Logan.
wants to do a service to the community. We want to sell boats. We
wanteverybody to boat. That helps us, it helps him, it helps Larry
Pearl.
am
Mayor Ferre: Okay. Thank you very much. Is there anybody else who
wantsto:- be:heard at this time? "Very "briefly, please because we are.
running out of time. We have another meeting; coming up. We've got five
subjects -still -left: on the morning agenda. Could you do it just in a
minute?
Mr. Bob Hughes: My name is Bob Hughes. I am a boat dealer in North Miami,
Florida. I have been in the boat business for"fifty-two years down here.
I would like to address this to Mr. Gibson on it. Before there was a
Greater Miami Marine Association, the association was called Dade Outboard
Dealer Association. I was one of the founders of it. The first two
years I talked the dealers into putting on "a boat show at the "Miami"
Outboard Club on Watson Island. At that time, they had the largest turnout
that they've• ever had in that clubhouse on This was a free show.
Two years 1 put that show on, financed it, used my own contract and everything
else. I" -got tired the third, year and dropped. it. The fourth year, 1 said,
hey, this is too good a thing totake and pass up. The fourth year we went
back to the Miami' Marine Stadiwn We charged a small admission on it.;
We went at that time before the City Commission and told them that they
would have a percentage of the gate. We didn't have much money ill our treasury
to operate. At that particular time, you 'had a minimuxn fee which you
waivered due to the fact that you would take and: get a percentage of
the gate. We thought it was going to be a"big deal on it. This :was "our
actual first charge show. And that your concession stand .would makeup
the. money. Unfortunately, the City of, Miami came out on the short end"
of the stick. The dealers were successful. They sold ailot :of boats.; We
went back into our meeting and p oposed and passed that we would make up
the difference: between what the City of Miami did not make on their
minimal rental fee andpaid the City of Miami the difference in that
money which ;amounted to hundreds of dollars. But what I'm saying to you
right now, is that we are not a blood deal. We are not strictly on this
for dollars and cents. If the City came out on the short end, we reached
4 A13
ist.
ist
Mr, Carollo entered the meeting at this time.
into our pockets and our treasury and pulled the extra money out. It is
also a matter of record which has been brought to your attention, we go
out and do things for the...all the schools in Dade County. We clean
up the bay. We do things in a civic manner. But what Iwanted to make
specifically clear, we were not obligated to pay the City of Miami this
extra hundreds of, dollars but we did it because we didn't want the City
to come on the short end of the stick. Thank you.
Mayor Ferre All right, is there anybody else who wishes to be heard at this
time? All right. Commissioner Carollo, as 1 said this morning, we under-
stand that you had a personalproblem which precluded your being here, and
I'm glad that you are here now. Mr. Logan requested that this matter
be deferred until you had the opportunity to vote on it. So my question
to you is, since there has been an awful lot of testimony presen :zg
the legal questions on both sides and it is a very long winded,complica':ed
thing. Would you like time to hear the tapes? Would you like to disct.ss
this with the attorney's, I mean with Logan and with Pearl separately
and we come back and vote on it this afternoon, or do you feel you have
enough knowledge of the material to make a decision?
at this point, I have enough 'know1ec
additional information here can
Mr.`:Carollo: D1r. Mayor, I. feel that
of the situation. I don't think any
change that.
Mayor Ferre: All right. Then if that's the case, what is the will. of this
Commission?
Father Gibson: Mr. Mayor, I don't know what anybody' else wants to do.
I want the Commission and I don't know how this is done. Maybe I didn't
go to law school long enough. I move you, sir, that Mr. Logan be granted
that contract with the protect. Sixty. days .before, and sixty days after.
Not so...and I move based on a moral imperative. I just don't see how
in;good...in good conscience. The man came here and I want to say this,
the attorney who is here now'was the attorney who was here then. And we
were not told it couldn't be done. On the contrary, we were told it could
be done. And therefore, I move you that this man be given his contract
with the protect.
Mayor Ferre:
Father Gibson: That's a motion
Mr. Knox:. Mr. Mayor.
Mayor Ferre:
All right, i
Yes?
that 'a motion?
At least I'11be able to sleep
tonight.
Mr. Knox: Probably, procedurely, your item twenty-four contains a resolution
pursuant to your directionwhich would accomplish the will that has
been expressed by Commission Gibson. That resolution proports to establish
a policy of the City of Miami that no similar competing events shall be
scheduled at any City facility sixty days prior to it, sixty days after
a similar competing event,as determined by the City Manager with the
exception of existing contractual obligations. What Commissioner Gibson,
appears to be suggesting is that a policy be adopted which would provide
these protection periods city wide. We already have a policy which
relates to individual:facilities. This would represent a departurefrom
that policy. The body of the resolution contains the necessary:
representations that were discussed earlier. And if you"adopt`this
resolution, then what you wouldbe"doing is establishing,: for, the record,;
first of all the fact that the market will not bear two competing events,
second of all, that two competing events would result in" severe; economic
harm to the City of Miami. I would suggest to you, if you consider that
motion or consider the adoption.of that resolution,, that the record
also reflects some. basis upon. Which ;these conclusions would' be reached`
if you choose to reach those conclusions.
41
JAN 2 41980
Mayor Ferre: Well, that's very nice, Mr. Knox, but you are asking us
to do something that is impossible. You are asking us....I want
Armando and Father to hear this. You heard what Mr. Knox is saying.
He wants us, one, we have to declare that the City of Miami has been
grated immunity from an Anti -Trust Act by virtue of its Home Rule
status. Two, that we must find that the holding of two events at
two separate facilities within the City of Miami and within a certain •
time period will result in a severe economic harm to the City and;
three, that we must find and determine that the market cannot bear
two events of the same nature within a certain time period. And absence
or finding of those three things, what we are doing is risking trebble
damages on •a Sherman Anti -Trust Act law suit. Now, you know...
Father Gibson: Mr. Mayor, I understand. I understand. At least I'1.1
be able to sleep tonight. I made the motion. If I don't get a second,
that's all right. with me. The recordrecord.willbe replete that Gil-) on
made a motion, couldn't get a second, and that's it. I know hot, to
take my li.cking. But I'll. te1.1 you this, I take them l
with the full
' consciousness that sooner or later it comes back to haunt some people.
Mayor Ferre:
a second? Is
for lack of a
and gentlemen
Mr
of Mr. Pearl
by us pending this hearing by you...
. Grassie:
that brought
All right, there is a moti.on on.floor. Is there
there a second? Is there a second on the moti.on? All right,
second, the motion dies. And, thank you very much, ladies
I guess there is really nothing us for us to do at this
There is one more question, Mr. Mayor. .The basic request..
this in front of you was a request for dates on the part
to use the Marine Stadium. That request has been deferred
Mayor Ferre: Do we have a document. to that effect?
Mr. Grassie: No. I think that all...that is something that we can
do administratively but we have not done it administratively until you
considered this question so that I would indicate to you on the record
that in view of your non -action today on the request of Mr. Logan,
that are next step would be, on a routine basis, to grant Mr. Pearl s
Mayor Ferre: All right. ,Is there any further discussion on this item?
Mr. Logan: Mayor Ferre, I have one question to ask, if I may? Okay?
I didn't want to interrupt the ril°tic'n, I felt I would be out of order
so I restrained. I saw a look on at least one of the Commissioners
faces over there that said, I don't -think I can legally do this. And
T think that was the question and I think that was what we were all
attacking. And before we waste all these months and all this time,
would like to make it completely clear, that if I'm not mistaken,
and Mr. Knox, I'm going to ask you to address this question. But if
I'm not mistaken, I think Mr. Knox has said that the City, in fact,
can legally find that it is legal, that they canmake those three
representations.
Mayor Ferre: Let me answer that, if I rnay.
Mr. Logan: Could I ask Mr. Knox to answer that?
Mayor Ferre: No, no, because this is...I think for the Commission to
answer. Not for Mr. Knox to answer. Mr. Knox said,five times today
that I've counted, that if this City Commission finds, Okay, that
two events at two separate facilities within the City of Miami and
within a certain time period. would result in severe economic harm,
we would have to declare that. Okay? And he further says that we would
have to determine that the market cannot bear two events of the same
nature within a certain time Reriod. Now, we don't need Mr. Knox to
repeat what he said five times because he'll just repeat the same thing.
What he'll say is, it is legal. Absolutely. If you make those two
findings- - • .three findings, I beg your pardon. Okay.
42 JAN 2 4 irjarj
Mr. Logan: All right, so in other words..okay.
it is legal to pass the motion?
Mayor Ferre: Itis legal to pass the
things to be so.
Mr. Logan: All right.
Mayor Ferre: Thank you, Mr. Logan.
o everyone knows : that
motion if we find those three
6. DISCUSSION OF BISCAYNE RECREATION HAI•IAGEMENT AGREEMENT
Mayor Ferre: We have item number "E" before us now. Discussion of
Biscayne Recreation Management agreement. All right. Mr. Manager.
Mr. Grassie: This is an agreement that you have seen quite a number of
times before, Mr. Mayor. I'm going to ask Dick Fosmoen to review it
very briefly withyou simply to refresh your memory and then ask you
what action you wish to take at this time, if any.
Mayor Ferre: We are on item number "E" which is discussion of'.Biscayne ..
well, it is item 24 (c) and 24(d). Are we going to vote on these this
afternoon or now or what?
Mr. Fosmoen: This afternoon,' sir.:
Mayor Ferre: This afternoon?'
Mr. Fosmoen: Yeah.
Mayor Ferre:
point?
Well is there anything that we :have to discuss at this
Mr. Fosmoen: Well.I simply want to indicate to you that we mailed,
to the`Commission...provided the,"Commission"a final copy of the contract
on Friday afternoon. I sent you a' memorandum`:with copies Of responses
to questions that had been raised by Commissioner "Plummer" and°Mr'Senatore
during the intervening period. '.And`I also.sent.you a copy of the; layoff
impact of the management agreement on employees at -Dinner Key. I. have -.:
a...I have a map if the Commission is interested which describes the
area incorporated in the management agreement. It is smaller, than -the."`
original area put out for lease some two and and one half or three years
ago. But it basically covers the Seminole property, ail Of the Dinner"
Key Marina, the area that will be incorporated into moorings That's on
the;: outside of the nearest mole to Dinner Key and also the samil dinghy.
dock that is located on the North side of Dinner Key. And on the land
ward side it comes, up to the "edge, of the sidewalkso it includes the
dockmaster's shack.
Mr. PlummerMr. Fosmeon, I don't know if we are<,going to hold discussion
this morning or we aregoing to wait' until discussion this afternoon,.
it's immaterial but there is in myestimation, "a"lot of discussionhas
got to take place. For example; I still haveyet to see a layout'of..what
is Proposed to be the four and one half,, or five million dollars, whatever
that figure is, itseems tofluctuate, of,improvements. I find nothing
at this time in reference to a performance bond. To me, there`is.an'
awful lot of questions that have got.to be asked on the•record,,prior
to any vote being taken. And needless to say, myone question is; going;
to be directed to the administratLon as it was before. `::And that question
very simplyis, in yourestimation, is this the best offer that.you
ist
JAN 2 4 1s$p
feel the City could get? I want you' on the record. Ithink we'.ve`got
to have discussion, obviously;another meeting took place of the
Waterfront -Board. Somebody threw in front of me'a'set of minutes. which
I::did not have time to read, and -now -I see that °it'is ...a three-four
vote rather than a .six -one "vote.
Mayor: Ferre: No, no, no. That has to :do with the other..
Mr'.` Fosmoen: Miamarina.
Mayor..<Ferre: Miamarina. Nothing to do.
Mr. Plummer:
on that. But
brought -on to
any'vote.. Or
That's;a different...well okay gct
Then I;"stand;corrected,
you know,. I' think all; of these, questions have to be
the...all this., discussion ..has got to ensue before yo!i have
at least I surely; would-. think we would.;
Mr..Fosmoen: May;:I respond to those...
Mayor Ferre:
Yes...
Mr.Plummer: .Well, wait a minute...
Mayor Ferre: I wish you would respond because.
Mr. Plummer: I think'we've gotto agree are we going to..go into it.
now? Or are we going to. go into it this afternoon? I'm willing to do'.
either.
Mayor Ferre: Mr. Plummer, the Chair is going to. respond ,°this way.' This
item has been before this'City.Commission now, that -I can remember,`
threeyears. We've gone through a long; drawn out
battle,,
battle,°
,back'
and
forth, and back and forth.We've.gotten,there, we;were ging to create
a -trust, we. did. And we had committee reports. We finally endedup
creating.. a. board, the Waterfront Board. We .said we wouldn't do things
without the Waterfront Board, the'" Waterfront,Board took it up, voted
in favor. There was ;a.question by Mr. Sorg about whether or not they
should have gone through;the contract. I. sent, it back to them. These
people...BiscayneRecreation got all upset. I said, -look.. we've waited
so long, we've ,gone so far, :lets: cross all ;the "t"'s'lets dont all the
"i's", lets ;.put:. all ,the :commas .in. Lets let everybody have an ample
opportunity to goover'this time and: time, and time.. again.. They took
it backto theWaterfront Board, they discussed it -for, a second time.
Then Mr. Sorg, as 1 remexnber, had the opportunity .to go• -through all the`
details':of''"the:,contract. Hewent to California to see how other
Marinas...the.: gentleman that is W. Senator's predecessor, what is
his name?
Mr. Fosmoen.:Mr.'Roth
.Mayor Ferre: Is Mr. Roth here today?
Unidentified Speaker: Sir, he doesn't represent the interest of the...
Mayor Ferre:'. I understand that because he changed his opinion. See, he.
went...he-.also after going to California and looking at all this, realized
that the private approach was much better. He changed his opinions, now
he doesn't represent you. I understand. Now, Mr. Roth in the meantime
also went through this ,whole process. And I mean, how long are we going.
to play around with these things stalling it and stalling it because
fifty :or one hundred, or five hundred people either rent space here and
are interested inthe fees they pay; or the Miami Herald Editorial
Department, or what have you is concerned about it. I mean, the time
is long, long, come. All the issues have been addressed. We've gone
though everysingle procedureo'its taken.us three years to get where
we are. I think if there are arty further questions that you have, J. L.,
I think they ought to be brought up and we ought to answer them, and we
ought tovote on this thing. I see no reason why we should stall this.
any further.
44
JAN2
198p
Mr. Plummer: Mr. Mayor, I'm very happy for your comments and I want
to remind; you that it was I. who initially brought this matter before this',
Commission. I believed then as_I believe now that private enterprise can
doa better job. I honestly feel that. "I believed that three years
ago when I brought this subject to the Commission, I still believe.'.
that. But I would hope, Mr. Mayor, that as long as a Commissioner on
this Commission has a questio which he feels has not been answered that
the afforded time would be made available for those questions to be
answered.
Mayor Ferre: Yes, sir, Mr. Plummer.
Mr. Plummer: I. am not responding nor have I responded to any editorials
and:`I don't recall any recently, about one way or the other. I'haver'-
some serious questions which I' feel need arisweririg.
Mayor Ferre: You are (completely entitled, not only to ask'the questions
but to get the answers. But I: think that we have to...we are at the
point now where we must do these with a certain amount of dispatch. I,
am perfectly willing to stay here all day: if we have to to have questions`
answered. And 1 think you are entitled to ask them. So go ahead. Lets:.
get on with the asking of the questions.
Father Gibson: Mr. Mayor, I hope also....I see these people standing,
they have some questions...
•
Mr. Plummer: Father, I have take a selfish"stand point of :view and
worry about the. Commissioner and -they will h•ave'to worry: about them.
I've got my questions that I n want resolved imy mind and'...
Mayor Ferre: This is...I;would ask you to sitdown I will not
recognize you at this time. I will this afternoon when item 24 (c) and
24 (d) come before us. ..This technicallyis not "a public,:hearing. This is
a work session of the Committee of the Whole, and lets see what Plummer'.
has and then I willrecognize';; you. If the Commission wants, later on this
morning I will recognize you. But lets...
Unidentified:
area...
Okay,'I just want to thankyou for your time in that
Mayor Ferre: We will not vote without hearing from you. Okay?;
Unidentified Speaker: Thank; you I3wanted to assure that.
Mr..Plummer: Mr. Mayor,, I've asked my questions. would would be: happy. to
wait and let them respond this afternoon at the same time they respond
to others.
Mayor Ferre: Respond now.
Mr. Plummer: Fine. Respond now.
Mr. Grassie: The two major questions that you asked Commissioner,: First<
with i
regard to the and: design for the facilit
y. ;,You remember ,.
that the currerit agreement calls for the City to build the facility. We
need to identify the money, to pay for the design. That has to be done.
We need to have a bond issue to pay, for the improvements. The contracts.
will be let by the City.. The designs will be approved by you, the
contractor will be approved by you. So all of that process has to come
back to you several times. That is, everthing having to do with the
physical improvement and: the construction of that facility. The manager
is supposed to be in place during that process but the basic construction
Would _ be, handled by the City. The other point that you ask with regard
tothe opinion of the administration on whether or not this is the best
dealwe could get,. and this is an opinion, of course. I think that
you would haveto put it in the context of what we are offering for
proposals from the private sector.. It is my estimation, that if the
city had:. a constructed facility...we had a completely new facility
already built, and if we were going out for bids with that kind of
45
JA N 2 4 1980
facility, that we could probably get better proposals. That is more
financial return to the City than under the present circumstances. But
that is not where we are at. On a policy basis, we have decided to do
it differently. We have decided to put this out for proposals and to do
the construction while the management firm was in place. On that basis,
and based on the fact that we have gone out for proposals, the simple
experience of the bidding process would indicate to us that we have
gotten the best proposal available at that time. Keep in mind that this is over
one year ago. That is that you have to assume that the people who were
bidding to the City did in fact give you their best price, if it was
competitive. And what I'm saying to you is that if •you change the rules
• with regard to the bidding process that you might get.a different results.
But we do have the best result that was obtainable over one year ago
under the rules that we were then using.
Mr. Plummer: The...I'd like to get back to the second question. The
thirdquestion, performance bond.
Mr. Grassie: Dick, excuse me. Cormnissioner Plummer is asking about
performance bonds. Have we changed that?
• • , •
Mr. Fosmoen: (INAUDIBLE COMMENT). - -
Mr. Grassie: You know, again, if you xemember what we said about the
first part of your question which is that the City is handling the,.
basic construction, there really is riot something that themanagement
firm has to guarantee through a performance bond...
Mr. Plunitner: Sure there is.
Mr.Grassie: In the sense of...in the sense of construction.
Mr. pluminer: Not constructiofl.
Mr Grassie If you remeinber the agreernerit, Cornxnissioner, it provides that
the City does evaluate their performance iri terins of rnanagrnent every
Year-'-: and can •rempVeithem•-for-: nonperform'
Mr. • er: • -Mr Grassie, you .are.-•riroPoSing-,,,„..as. :I ',understand it, togo
Out With, 'reVenUe-, bonds. • •••• . •.,, • , ,
-I' Mr. Grassie: - ,That ' s.correct.
Mx. Plummer: If there are not sufficient revenues to cover the b�nds,
who has to pay the difference?
Mr. Grassie: Technically, the bond holders would lose their right to
•repayment. But in reality, because of our desire to protect thecredit
position of the City, the City would make up any difference.
Mr. Plummer: Don't you feel that that necessitates a performance bond
that at least they will generate revenues sufficient to cover the
obligation of the bonds?
Mr. Grassie: Commissioner, thedifficulty is this. You are asking,,,
you ld be asking a private party to guarantee something that they
•don't have control of. The City Commission has control, of therates
charged. Now there is no private management firm which can guarantee
you that are going to make money if you control the rates. And if you
refuse to approve the rates they recommend, then there is no way that
they can bond to you that they are going to perform. Now, if in the
process you wish to give away your right to set the rates, then of course,
they may be able to give you that guarantee.
Mr. Plummer: Well, Mr. Grassi, you and I have a disagreement on that
point. Point two I want to go back to. • Point one was the layout,..
on the best deal available to the City for the return to the City.
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46 JAN 4 1980
Mr`. Plummer: (continued) Mr. Grassie,. you're speaking, and as i'recall`,
your previous recommendation when this matter all came to a bid basis
was another firm. Originally. .
Mr. Grassie:
I'm sorry, I didn't understand that.
Mr. Plummer: When all of the bids were brought in, you staff, your
management team recommendedanother firm.
. Grassie: That's correct.
Mr. Plummer: :Yet we saw this proposal, or all of the proposals really
in fact thrown into a hopper and came out with basically what was the
best of many worlds. That which we have before us today. I think we
are finding a cop out, truthfully, when you state that this is the
best deal that we can get today based on one year ago.
Mr. Grassie: What I was trying to indicate, Commissioner, was t'at the
deal that you have in front of you is better after a staff.negot..auions,
principally Dick Fosmoen did the work on it. He has presented to you
a better deal than any one of the bidders bid the City initially.
In other words, you have a better package at this point than anybody
offered you to begin with. Now, since you did go through the bid
process, and since you have a package which is better than the best
offer initially, I am making the assumptio.: that under rules of?
a year and one half ago, that you have the best -deal -then available.
But again, if you change the rules, you are going to have a different
answer.
Mr. Plummer: And you're not saying that you feel or recommend that we
should change the rules under today's prevailing conditions.
That's not a question that you've asked me in the past and...
Mr. Grassie: I really don't want to give you an answeruntil the City
Commission adopts the policy of opening this question up. What I'm,
saying to you is,.I want to give you an answer .,,=that -helps ;-you _and ,not
simply create more problems for you. And until the City Commission
decides that it wants to go back through the bidding process, I would
prefer not to speculate on whether or notwe might do better.
Mayor Ferre:
we will hear,
gentlemen who
afternoon.
Are there any further questions at this time? .If not,
if it is all right with the rest' of the Commission, from the
wish to be heard on this and then we will vote on it this:
Mr. Ernie Senator: Thank you, Mr. Mayor. I appreciate it and our talk
will be in two parts today. Myself going first. It will be very .short
and brief. and I don't want to take a lot.of"your time. I'm not going
to plead a legal case here.
Ferre: Your name and address for the record.
Mr. Senator: Right. Ernie Senator, President of Miami` Marina's Association,
Dinner Key. I just wish you gentlemen good, afternoon. I started out,
with good morning but itlooks like its been a long day for you., 'I want
you to know and you already know, that the Miami Marinas Association
is deeply concerned with the...and committed to the community,of Miami
where it concerns the Waterfront Board. We'd !like to assit the Commission
in making the efforts to secure the best for the..City of. Miami and, for
the people of Miami. The community and the legal issue,'should be addressed
We've carefully reviewed the City's interest and the community's;, interest
and both lights this:aantract has,serious problems. John Thomas
ofThomas Craft and Robb out attornies will address these problems.after
I'm through. And I will endeavor to point out the community issues.
47
ist
JA N 2 4 1980
Mr. Senator: (continued) We as your constituents wish the Commissioners
to be our voice. We want to pay our fair share for City services that '
we receive, that's all the City services we receive. We suggest
in spite of the minor changes that were made in this contract over the
period of a negotiation, and I will point out to you gentlemen that the
contract was changed possibly in three areas and that's it. Okay?
And they were minor changes, wording changes. And I think Mr: Knox
picked up one change as far as the concessions were concerned where'
the company had a loop -hole where they weren't getting any money; to
the City...giving anything back. There is still serious problems. But
we hope by the suggestions that I have, and I have some suggestions
that I'd like to give to the City Clerk here and have them passed out,
to you, that we can. overcome some of these objections in this .area.
Mayor Ferre: Mr. Senator, let me ask you. ,Did you present th6o,ko the
Waterfront Board? Did they dealwith these?.
Mr. Senator: I tried to
Board on several...
present these similar questions to the Waterfront
Mayor Ferre:: What do you mean you tried?
Mr. Senator.: I was given an opportunity to: speak at the Waterfront Board
and:there was...they just didn't want to hear the:questions that I had
to ask.' Okay? I appreciated, and the organizations appreciates: the
fact -that you afforded us an opportunity in the past, to ask questions of
the:administration. If you'd like I'll read an answer or two from those
questions that we received. But right now, I'd just:like to go over
these changes here and I want you to understand the intent and the impact
here of these changes. Okay? Now, I tried to put.it in a format where
I could remind you of the paragraph without having everybody to shuffle
through the contract and looking back and forth. I'll speak briefly .'
about each one of the items here. On page six, paragraph "g", it says
the company shall be entitled to operating concessions....
Mr. Plummer: Mr. Senator, I think in all fairness, we ought to have a
copyfor the administration and a copy for Mr. Walker. I think it's
only fair'if we are going to...
Mr. 'Senator:
Mr. Plummer:
Traurig, I'm
I'm sorry,
just made the copies.,..
Well here, take my cope and make soine additional and Mr.
sure would like a copy and I'll look on Mr. Lacasa here.
Mayor Ferre: And the only one I: have looking over my
guardianangel and my conscience (LAUGHTER)
Mr. Plummer: He left today after item "A".. (LAUGHTER)
shoulder is ;m
Mr. Senator: All right. Some of the wording here...we've tried to word
it, we are not an attorney, we are not a legal law firm, and we tried
to word the wording so that we would cover the intent. All right? It
says, the original contract says the company shall be entitled to
operate any concessions or to enter into percentage agreements with
concessionaires to provide services set forth hereafter.", We would
like you to read, the company shall be entitled to bid along with other•
bidders on the operation of any concession to provide, services set forth.
hereafter. We would like to delete the company would pay the City.
And there is a paragraph and one half that it takes about three; -Harvard
laywers to decipher, where it is•ten percent of the third party concessions,
and five percent of the company owned concessions, or five percent of..
the gross. What we tried to do is simplify it. Put down the successful
bidder will pay the City as a base ten percent of gross revenues earned
from concessions. In other words, there is not a distinguishing .
characteristic between the concession operators, a third party; concession,'.
or operated by the company. All right?. .We tried to provide the City
with a greater revenue return. If it is the City's desireto allow``
concessions to be handled by the manager. Page seven, paragraph "g" which
8
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JAN2z'1980
Mr. Senator (continued) reads, "In the event the company chooses
not to provide any of the above services, the City may negotiate a
direct concession for these services." We delete the entire paragraph
with thebelief...with the firm belief that that was a hole, if you
will, for the company. In the paragraph...and I'm speaking about the
paragraph, gives the company an opportunity not to provide the
services which they have negotiated to provide. In other words, the •
City Manager said, "the company shall provide these services." And now
we go ahead a little bit later on down in the, contract and say, by, the
way if they don't want to provide those services they don't have to and
the City can provide them. All right? So we are talking about the
bait and tackle: shop, the restaurant, etc. etc. Felt that that was a
loop hole. Page nine, paragraph "c', which reads, "Certain rights, duties
and responsibilities of the company". Okay. "As prescribed or authorized
by the City." We wish to change that to read, "As prescribed or
authorized by the City Commission." Again, we want you to be our _ice
in this area. Page thirteen, paragraph fourteen, which reads, "Any
rule or regulation established by the company shall require approval
of the City Manager which shall notbeunreasonably withheld." As a
lay person I have a little bit of difficulty with the word unreasonably
withheld. Therefore, we decided it might be in the better interestof
the community, as Mr. ''.-assie has been able to operate on his own here
in a few cases. Any rule or regulation established. by the coxnpany
shall require approval by the City Commission.` I believe the' .City•;,
Commission should have the right to approve rules and regulations and
not the City Manager's Office. And I believe it should so be stated in
the contract. Page seventeen, paragraph nine, which reads, "And services
to the City Manager". We should change that again,, "And services to
the City Manager for subsequent approval by the City Commission." Again,
we're trying to give the public an opportunity to talk to an elected
official. Page eighteen, and here we agree again.' The contract alludes
to the fact that the ownership pay for seperately metered utilities. We
agree but we want the wording to say, "to .each".boat:slip':._, because, the
wording is incorrect in that area. Page eighteen, paragraph two, which
reads, "Shall recommend to the City Manager". Again, we want it to:read
"For subsequent approval by the City Commission." We.are•not .'trying to•
take from the purview of the City Manager the day to day' operations of
the marina as far as the City's administrator requirements are. We'd
like to just make sure that the public has ,an opportunity and avenue of
communication to the City Commissioner's:Yourselves."Page nineteen ,paragraph one,
and here again we feel that this is a, very important issue as takes
affect all of us. "Any provision in this management agreement which
would jeopardizes such tax exempt status shall` be deemed null "andvoid",,
is the original wording of the paragraph. We'dlike the "new wording to
read, "Any provision or provisions in this"management agreement or this
management agreement itself, if it should jeopardize, such tax; exemption shall to
deemd null and void". In other words, we felt that if it, were a provision
they could knock it down. But what if the entire agreement was"
jeopardizing our tax exempt status in the marina for" the City? We felt.
that the whole agreement should -be able to be.thrown,out Page twenty-four,
paragraph four, which reads, '"In the event of;"final.'adjudication,
declares the assessment lawful and the taxes due and payable soley to the
existence of the management agreement, then it is agreed that this,
management", and we want it to say that, "this, management agreement shall
be terminated." Again, this is a two way street. We feel that if; we're
back to the situation where the County Assessor decides that the marina
should be assessed and it's due solely„to the -'existence of the marina
agreement, then maybe we shouldn't, have the agreement. And pagetwenty-six,
paragraph twenty-seven. I'd like toaddress this paragraph. It's a
paragraph called, conflict of interest.It now reads, "no stockholders,
directors, employees, etc., etc., may give if you like...let me read the
exact wording here, if you don't mind, sir. It says, and I quote, "no
stockholders, directors or employees shall have any interest in the
business which supplies the company with goods or services without.
advice and consent of ;:the City'Manager." It is understood and agreed
that the 'company's attorney's;Dubbin,,Schift,;Burkman, Dubbin are
stockholders, -of the company, and that they may in addition to receiving`
any profits, dividends declared, be compensated at their regular
JAN 2 41980
rates as operating expense in connection with the company's needs or
rights and obligations arising out of the connection with the provisions
of: this agreement. All right, we'd. like that paragraph to, read, !'That
not stockholders, directors, or employees of the company, or their
relatives shall have any interest in the business which supplies. the
company with goods and services", period. All right? We don't feel
that there should be a patronage system in this area. Would hopefully,:,
-and respectfully request that that changebe included in the changes.
for the contract. I would also like to make certain that you understand
our, intent here is to provide the community and the. City of Miami the
best. I understand that Mr. Grassie and Mr. Fosmoen have had an
opportunity to address whether. this is the best issue. We feel that
maybe two years ago, maybe under the original bidding that might have
been an issue Today, it is not a real issue. This compeny:hG:n.'t...:
had an opportunity to negotiate. hand in hand with: the City Manacer with
the changing rules, and therefore, they can provide something more than
the original bidders because the original bidders didn't have the;,
opportunity to provide anything after the initial bid. I'd like to turn
it, over now to John Thomas who represent the Miami Marinas Association.
Mr., John Thomas: Good afternoon Mr. Mayor, Mr. Vice -Mayor, Commissioners..
Mayor are you standing for?
Ferre:
Excuse me for a moment. What
Unidentified Speaker: There were, some allegations made here that I'd like
to correct before we go on.
Mayor Ferre: You'll have plenty of time to do that. I think it's
if we let all of them made their statements, and then you can.
Mr. John Thomas: My name is John Thomas. I am an attorney with the law
firm of Thomas, Kraft and Raab. We've been retained by the Marinas
Association to give advice on legal matters. I'm here today to give you.
information on a couple of matters that we believe are problems with
the management agreement before you today. Mr. Senator has addressed
the concerns of the Marinas Association regarding the return to the City
and the fairness and best interest to be served to the public. I have
two issues regarding the legal position of the management agreement as
it stands now, to bring before you. One of these regards the waterfront.
lands resolution passed by this Commission last fall. The other issue
is on the bidding procedure itself. For the waterfront lands resolution
I'd like to pass out copies now so you will have it in front of you to
take a look at and I will give a copy to the Biscayne Recreational
representatives as well.
best
Mayor Ferre: Are you talking about the Charter, changes?
Mr. Thomas: The' resolution number 79-633 which was changed to waterfront:
land...
Mayor Ferre: ,.Oh yeah, that clears it up right away. I` don't know
what Resolution 76-133 is.
Mr. Thomas: All right. I'll wait until everybody has it in front of them
because I; think it would be worthwhile to refer the resolution at hand.
Mr. Plummer: I keep telling the Mayor he ought to do his homework.
Mayor Ferre: Well that's what. I'm talking; about. In other words, this
was the Charter change.
Mr. Thomas: That's correct.
Mayor Ferre: Okay.
Mr. Thomas:. The point to be considered in this is that this resolution,
the Charter change, does require that such leases and management
•
contracts for: these waterfront lands, among other things, have obtained
JAN24
ist
19
0
two independent appraisals of the fair return to the Cit.-J. I've
spoken to the City Manager's Office yesterday, and was informed that
as of this point, there are no independent appraisals showing a
fair return to the City. That I believe stands for itself. The
next item I'd like to bring to your attention is the bidding procedure,
which Mr. Plummer has referred to earlier, do we have the best deal for
the City with the management agreement that is now before this
Commission. From a legal standpoint, what I would like to bring to your.
attention is this strict requirement of bidding procedures that bids
be accepted consistent with the bid invitations and 'CIE proposals made.
And the history of this particular management agreement is reflected
on the first page of the agreement itself, where you will see that it
says that Biscayne Recreation's proposal was to develop the marina
and operate it based on their private funding. At a later time, the
changes were made for the revenue bonds to fund this developmen,. of the
marina. We feel like this should be considered of the light of a -ecent
case testing the bidding procedures regarding the restaurant to be
placed on the Grove Key Marina land. And I would refer you to the findings
of fact and law in that decision whereby it was stated that it is
critically important in a bidding procedure to avoid any appearance of
impropriety or unfairness. That the bid invitation be specific enough
so that the bids be competitively and fairly adjudged. If you will
look at the face of the management agreement before you, I believe you
will have reason to reconsider that this agreement arrived at through
the bidding process, that you have discussed today is worthwhile as the
best deal the City can get. To summarize, we'd like to xnake sure that
the City Commission reviews the agreement before you here today to be,
sure that it serves the best interest of the City and the best, interest
of the public. I thank you.
Mayor Ferre: All right. Any other statements at this time?
Mr. Plummer: Are we going to get any answers to that one?
Mayor Ferre: Yeah, we're going to get answers to all of them, I would
assume. But I::would respectfully ask members of the audience, this is
not technically a public hearing per se, some of you have been here
on many, many, many, many, many occassions and some of you, e,'erytime
you come forward say absolutely the same thing over and over again.
And I would respectfully ask that...I will grant youthe courtesy
of one more time addressing the Commission, but please just give us the
new stuff that you have and don't repeat what you've said before.,
All right, come to the microphone and avail yourself of that right.
Mr. Walter Jackson: Walter Jackson and I'm a: resident.of Dinner Key..
Marina. At the last meeting Mr. Plummer raised a question and: I. think
it has been answered. What happens to liveaboards in the xnarina?
Are we being protected underthe new management?- Or are we not? That
question;I would like to have answered.
Mayor Ferre: To the best, of my understanding, this is in no way addresses
the liveaboard question. Is that correct? Thereis no reference to
for or against, it. It is just not...
Mr.'Fosmeon•
That's correct.
Mayor Ferre: It is not involved. Is that correct?
Mr."�Fosmoen: That's correct, Mr. Mayor.
Mayor Ferre: Okay. Does that, answer you?
Mr.'Fosmoen: As we responded to Mr. Senatore and also to Commissioner
Plummer, that particular would be handled in the rule setting process.
Mayor Ferre: Okay. The.answer is, thiscontract and what we%are about:'.
to do, if it's done, does; not speak,to.the liveaboard question. That
is an itemthat, will be addressed, where? In` the rules and regulations.
Okay. Next speaker.
JA N
ist.
0
Mr. Frank Albretton: Mr. Mayor, members of the Commission. My name
is Frank Albretton 1 am the manager of Castle Harbor Sailboat Rental,
Dinner Key. I hope I do not fall into the category, the attitude
that you projected as being the same old harangue. But I've got a
complaint and I think it's legitimate in that, of all the meetings,
all the hours spent in trying to see which is the best way for this
City, one particular area has been ignored. They talk about public
and just as Vice -Mayor Lacasa mentioned about Kennedy Park about
providing activities. Our firm and our family has been providing a
source of recreational activities for thirty years. Through this whole
process we've been ignored. Unless...I say ignored up to this point
unless there is a greater design that's not indicated in this contract.
One of the areas is...and I have addressed this on many different
occassions, the response has been, up until recently, that we
included or that type of activity is .included in this contract. ?
don't know...do you...if you remember the letter that I wrote you. So
I don't mean to be repetitious but the fact remains is, this is a vital
form of water sport recreational activity. And considering all the
economic factors of it, we want to stress to the City Commission, we.
are grateful for being allowed to operate this type of a concession....
not a concession really on a standard boat rental contract at this
facility. And I would like to ask what is your opinion about this type.
of service and what will be our future in this contract?
Mayor Ferre: Are there any other questions or statements to be made?
Now lets get into the answering of some of these things and perhaps
we could start with...in reverse, we'll start with Frank.
Mr. Fosmoen: All right. Let me respond to his concern. In the list
of uses on page three of the contract, item "f", sailboat, Charter
boat and commercial boat rentals, are one of the uses anticipated at
Dinner Key. Under the list of concesssions that the management firm
may provide, sail boat charters are not mentioned. There is a very
specific reason for that. The City is retaining for itself, the right
to let out the sail boat concessions. We will in .the redevelopment,
of Dinner: Key provide an area for sail boat concessions and the City
will seek bids on those sail boat concessions.
Mr. Albretton: My response to it and it is a very conflicting area because
I know how you feel about it J. L., that youshould, in the operation
of business, the City should get a certain percentage of. On the -other
hand, I guess my real complaint is, if you establish` the rules of the
game and we operate under those rules, and I think we've operated.
very successfully, we have provided activity .at this facility,`and:now
all of a sudden, we hear not through a notice, not through contact,:.
and these people know of me, arbitrarily say, we now change the rules
of the game. I don't know where to settle the conflict -between making -
sure there is a proper return to.the City, but 1 think the service that
we have provided, and I have asked for an opportunity to explain the
economic sitiation of it. And think it can be shown that what I have
been saying all along is true, that it is not necessarily just...
Mayor Ferre: Look, let me understand this right, Frank. You provide
a service out there and you have provided that...you and?your;.family'
y.
provided that service for how long?
Mr. Albretton:' Going on thirty years.
Mayor Ferre
Okay.. Now, your concerned naturally, about your position
Mr. Albretton: Number..:.number...excuse;•me, Mr. Mayor. Number one,
what my concern is that the activity, even in this contract, okay,
now you say, Mr. Fosmoens answer was that this was going to be the City's
position. But 1 beg to differ with you.. .unfortunately, my counsel
couldn't be here, that such open end contract like this...it is not
there.
JP. [ r = in
ist
Mayor Ferrer The City Commission has the -final .say on this, doesn't it?
And...I don't understand what•the problem is. Do you?
Mr Grassie: If I can...if I can interrpret what L believe is the
problem, and I would have to guess just as you would, but I think that.
this gentleman feels that because his activity is not specifically
written into the management agreement, that he does not have a couple
of slips guaranteed to him in perpetuity and what,the City is saying
to him is, that it is the C:ity's intent first, to have hie kind_ot
activity. But the second thing that....
Mayor Ferre: But what's wrong with puttingit in writing -then?.
Mr. Grassie:, The. second thing• that is being•
: said is that the way -you
intend to arrive at that lease for space is;through competitive process.
Now what that means is that rather than simple being grandfatherei ;n``
because he's -.been there for `a long time, that he'would have,to make a
proposal• to the Cityand offer something:
Mayor Ferre: There is nothing we can do about that, Frank.
you know there is...
Mr. Plummer:` Can'I see the ma
mean,
Mr. Fosmoen: It does include the'. charter area.
Mayor Ferre: It has to be a competitive bid process, you know?
Mr. Plummer: Wait"a minute, wait a minute. Mr. Mayor, we're talking'.
about Dinner Key right? We're not talking about anywhere else?
Mr. Fosmoen: No,:we are not.
Mr. Plummer: Okay.- May•I ask what area has-been designated and withdrawn,,
from the boundary -lines -ford any such facility
Mr. Fosmoen: There isno.area that, has been withdrawn. for such a facility.
It is there now and will continue until we>redevelopp the area and, then
an area ,will, be designated,~;put out for bid, Mr. '.Albrettou will have
a chance to bid en it as anyone else would.
Mr. Plummer Well maybe I misunderstood you this morning This morning,"
I understood that allencompassed within this pink area, is under the
complete control, including the dock meters' office,` as you said, and the
line jogs, of the successful negotiated contract.
Fosmoen: And the uses therein.
Mr. Grassie: Well but, Commissioner, we have to'make ;adistinction between
its being within their area of management and being withing their
control. It is not within their complete control. The City retains
rights on rules, you set the rates, any kind ofcontracts that are entered_:,',
into you get to review. Sothey do not have complete control. What they
do have is management responsibility for the whole area. What we are
indicating to you is, that the City would wantto put out for lease
at least as much space as is now being occupied by this particular kind
of activity, boat rental. But then...
Mr. Plummer: well, we'll get to the second point, and; that is that the
proposed award those people understand that, because as I would understand
it if I were on the other side of the: fence, you gave me control of
everything inside of those pihk lines, baby, don't you come barking in my
door.
•
Mr. Grassie: Well, I guess control really is..
Mr. Plummer: I think the record is clear.
ist
JAN241
Mr. Albretton: If the area of confusion is, that if that is your,
intent; I'm sorry,:I can only read what is there.
Mayor Ferre: Frank, Frank, I think in all these things, in the law, there
is something called legislative intent. All right? Now, let the
record reflect clearly here, and stop me if anybody disagrees, that it
is the legislative intent of.this Commission to continue the boat rental
that has existed in that general area for many, many years. Provided,
however, that it comply with the law and the; regulations that govern
therein. Now, does that cover it properly?
Mr. Plummer: Well, Mr. Mayor,: see you 've' got to understand.. certain
things that go on that we never know:about. Okay?. Now, certain things.
says that at one time there was:a proposal, yes, to continue the service,,,,:
but not down here. Okay?., It was..`.
Mayor Ferre:
Let itbe reflected Mr. plummer....
Mr."Plummer: It was in. Kennedy Park;where'you"cannot put a sailboat with
a :draft of four ;feet.: Big difference.
Mayor Ferre. Let it be the legislative interit of this Commission: and this`,
process to clearly specifythat at Dinner Key, as in the past, there will
be a boat rental facility available for the use of the general public
Now is there any further need to clarify than that?
•
Mr. Albretton:
Yes.
Mr._:Grassier I'.would:only say in fairness to. the`gentleinan,.:thatweshould
make sure that he'understands that when you say,that the activity: is going
.
to be" continued that you are not saying'to` him that he, necessarily.
is going to be,continued.
Mayor Ferre: Nobody.in:public property has a right_ in perpetuity.:_.I
mean, ;I'm sure he understands that as well as all of us.
Mr. Albretton: Mr.. Mayor, you know, I really don't._ disagree with
you but here is one. of"the things that I'm trying to understand myself.
Okay? ;In that particular regardYou have an`.area:-that:;has been,
designated a:commercial bulkhead. .'This`is:.true in other marinas. The,
certain. procedure that...in other;. words,,this...the predicament' that we
are in now is based upon the rules of the gamethat started off from.
day one up to this point.:- Now, you're. right in' saying, that the City
should get a fair return for the money. But isn't' there also another_
question thatas a responsibility of saying laws for people to follow,
and. the rules ofthe game to go by, and then without even a.
:notice,
that I' have.to'.drag it out say, what is the intent. Well don't worry
about -it because we are going to lease it out anyway.
Mayor Ferre: Well, I don't really...are;you saying that you've been
told to get out anyway. Is that what youare saying?
Mr. Albretton: Mr. Mayor, I would like at this point just to keep on
the issue. There is other ramifications to this whole thing...
Mayor Ferre: Okay. Frank, I want to help as much as I can within:,
the parameter of what;I can do to help.
Mr. Albretton: Well, let me ask you this question. In this contract:
as what is stated here, is there any question in anybody's mind that.
sail boat rentals will not be operating? I'don't meanto be
disrespectful, but the difference between what is said and what is
written is the contract that you•are signing.
•
ist.
JAtv'2,
Mayor Ferre: Again, it is the legislative `intent. 'of what we are doing
here that rental of boats be continued at Dinner Key Marina similar
to what has happened in the past. Cany we be, any clearer than .that?.
Please speak up now if anybody disagrees to that. •
Mr.Senatore: Can I just clarify a couple of points that I think what .:
Frank is really upset about here, and I'm not trying. to get'into his
purview in the boat rental area. The management contract, and one of
the reasons we asked for competitive bidding in the management contract
dictates such that if it is not specifically stated in the contract
then it is in the purviewof the company to do as they wish.
The other thing is, that we found within the contract here is that if
we do open it up for public bid, again, somebody like Frank.wi:1l have
an opportunity to bid publicly for the operation of the sail boa. rentals,
even though the management company is managing that area.
Mr.Albretton:In other words, according to this contract you have
separated an area that will be designated as sail boat rentals. Is that
your understanding? That in this contract there isa specific area
designat...that the City will be...remain out of the purview of this
contract but will revert back to the City's prerogative to run and
operate.
Mayor Ferre: No, no, no. Mr. Fosmoen, will you clarify that?
Mr. Fosmoen: I'll say it again, Mr. Mayor. The uses permitted at
Dinner Key include sail boat rentals. However, the company is precluded
from letting those out as a concession. That is something that the
City has retained for itself. Letting; out the sailboat concessions.
Mr. Plummer: Is that stipulated in the contract?
Mr. Senatore: Why doesn't it so state in the contract?
Mr. Fosmoen: It does.
Father Gibson: What I think he is saying, sir,is that in the sail boat
business....rental business is that you will be dealing with us and not
with the company.
Mr. Plummer: Well but, Father, let me tell you, you know..I can
believe what you say, it's what you don't say that scares the hell out
of me. All right? For example..
Mayor Ferre: Wait a minute, Plummer, because we are wasting half an hour.
something that, tome, can be taken care of in thirty seconds.,,:Is
there any reason, Mr. Grassie, why'we cannot include' a very simple -,sentence
that says _exactly :what we've been saying here for half.an•',.hour?` Is•
there •any problem with that? .Mr. Fosmoen, can we insert a simple one
•
sentence that says exactly that? Okay?
Mr. Grassie: I don't see any reason why we can't do that.
Mayor Ferre: All right, would you work on it and Frank, I'm sorry,
you'll have to come back this afternoon and look at the language. I`
think it can be doneby legislative intentbut:I have no problems
with putting it in the contract. Do you have any problems with that,
Bob?
Mr.Senatore: One more question. I just want to correct Mr. Grassie
He has stated-that.you as a Commission have the right to make the rules,
and have the right to set the rates.It says in our contract specifically,
and that's why we asked for ,the .wording change, the City Manager,
and it should say subsegnept approval by the City...
Mayor Ferre: Mr.Senatore, let me tell you that in ten yearsof experience
on this Commission; despite some very terrible hassles that we've had
back and forth, I'll say ninety-nine percent of the time, so I won't say
55
1.1 41.. . ♦
y 4J
one hundred percent of the time, this Commission has its way when it...
the majority of this Commission. There maybe members of this Commission
that maybe...that may not have their way but at least three people
that have sat here over the past ten years have their way on whatever
issue.
Mr.Senatore: I understand. But if it doesn't come to your purview
because it's an administrative matter handled by Mr. Grassie, as
Interama was, and he handled it...
Mayor Ferre: Would you believe me that there are people in this world,
such as yourself that makes sure that it comes to our attention.
Mr.Senatore: I=thank you for that.
Mr. Plummer:
But the difference is he doesn't bite.
Father Gibson: I think...Mr. Mayor,'I think what he;is;saying -is
he Wants us to say the rate shall be set by the Commission even though
the Manager recommends to us and we have the last word. I understand
your fears, sir. I understand your fears. And if it will cause us
to get this thing off the ground and get going, because God knows
we've been at this long enough and what I hope we could do is settle
this matter today. Because when the people came in here about three
years ago about to turn City Hall out, I begged the people. I said,
trust me, trust me. And the people did. And I would like to see us,
if it isn't in violation of the law, counsel, you know, I'm learning
like the Mayor knows now to ask, if it is in violation of the law so,
I can
get you on the record. Lets put...lets
ets put,that word you know...
if it isn't in violation of the law, lets say..;.what was that -again, sir?
Mr.Senatore: We are<recorcmending that the wording be. changed.. to say,
recommended to the 'City Manager: for subsequent approval by the City,
Commission.
Father Gibson: Yeah, that's reasonable enough. Weare going to be
approving it anyway. You don't understarid the Mayor but that's what
happens anyhow. And I would think that that gentleman who ..nis
specific wording for sail boat. . .what is that? You could tellI don't
do anything in boats. What about that Plummer? You know more about
that sail`boat...what is that?
Mr. Plummer: Father, in,;your terminology being
a dinghy boat. (LAUGHTER)
from Nassau would be
Father Gibson: All right, okay. A dinghy boat' All right, okay.
Put it in there so we can get this contract worked out today. Because
Honestly this is the one thing that has bothered me that I' haven't
delivered and those people were so nice not to raise. .take off the roof
Mr. Grassie, help me to get that off my back today.
Mr. Grassie: If I understand, Commissioner, what you would like, it is
language in the management agreement that specifies that any rate
changes come back to the City Commission. That's accomplished..
Mr.Senatore: Mr. Grassie, that's rule making, and regulation making as
well, sir. Any changes.
Mr. Grassie: I think what is being suggested to you should be,put<in
this light, Commissioner. The way this document is basically written,
is that things that are not controversial, things that nobody really,
cares about will get done administratively without necessarily coming
to the. City Commission. Thealternative process is, that:;, you., are
obliged to considerall.of'.,hese things whether anybody is.in disagreement.;'
or not. I think that the M yor's'point isvery good, that there. is an
automatic way in which anyt ing.which is'_disagreed'to by anybody gets
to your agenda. You know, it's very simple. And...but with.regard,to
the rates...
ist
Mayor Ferre: It's one twenty and we have...
Mr."Grassie: .I think:we-should -provide it specifically.:.,
Mayor Ferre: We have a long way to go so:lets move ahead. -':This,
gentleman has:not,had..the courtesy yet of".saying,something:so',I will
recognize you -later,on.:
Mr. Robert Traugott: I just want to say a":couple of Things, Mr. Mayor.".
First of all,"I would liketo`correct.an allegation. I was present at
the. Waterfront Board at°every meeting; where this was discussed and Mr..
Senatoreandhis:organization was given full and'ample'opportunity to talk
to those people. They asked the same questions repeatedly and they:::
get"the:answers and are.not satisfied: with it,;and that, is anotl.,,r point.`.
:I want you to know that we have been open to every organization,
enviornmentalists, everybody who wanted to talk to us we've been
available, to, and discussedwith them all of.the problems concerning .his:
thing. .When. it comes to rates, I want to tell you that there are some
veryinterested, people at this community who have. misjudged and thought ,
we had::the right to set the rate. There is the Latin Chamber of Comme_oe,
there is the'Coconut Grove Chamber of Commerce, there is the Miami -Dade
:Chamber of Commerce, there is the Congress of Senior. Citizens all. coming,
to.us.:to say, how high can we get these rates?, 1:have: told.. each one
of,these organizations and.I instructed Mr. Senatore that<he ought tO:lea
this alone and that in the final analysis. the,,City:Commissionhas`the
right to set_ rates at any time. If the City:..if they don't agree with_:
what the City Manager wants, they.will change it.
Mayor Ferre: How many times ;.do. we have to say. over, and over, and over,
• and over , and over -:again? It is the.City,'Commission that will set rates.
'Mr.Senatore: Mr. Mayor,;, it is not:just the rate issue. We are talking
about rules and regulations. That's why.; when .I,handed you; the document,,
sir,�..the document was specific "in those paragraphs:where we requested
the:changes. We. didn't want an :overall burden the Commission with the
operation of the marina.:The;intent here tO.give the marina to a.
.management company, and we agree. What.we are saying"is, that we would
like to have that avenue`of communication_ specifically written in the
contract andnot deal with; the day to day matters.
Mayor Ferre: Mr.Senatore, I want you to know,,I; want to say it on the
record, if this thing passes, okay?:, I= Want you to know that 1 am to
blame. It is my fault. I am the ,one that",for ten years here.. I want
to tell you very clearly that Coconut Grove makes up less than twenty
percent of the City of Miami. Okay? I want You to know:that"we spend
at least fifty percent of our time in these chambers, on.Coconut.Grove
matters. And that of all the matters in Coconut"Grove,' the one that has:.
in the last ten years that I have served here, taken Up _by far more
time than any it is this marina here, for these three hundred and twenty
slips, or whatever. I want to tell you that if I were to addthe hours
that we have spent, we this Commission, and the predecessors of this"
Commission, have spent on every single little item in the last ten „
Years it would...I am sure it would pass one..thousand hours. Between
hearings and. between this and...going back to Mel Reese's time, the
amount: of effort, the amount of energy, the amount of heat,. the. screaming,`;
the filled rooms, I can remember at least a dozen tunes, a,dozen:times.'.
where there hasn't been a single seatin this"chamber,;including up.there,`
where we have spent five and six hours at a time. Five and six hours
at a time to hearthe same things over,and over, and over, and over, and
over, ,and over, and over, again. And it is the samne...different faces,
you are a new face, you say_the same thing that your" predecessor said,:
and his predecessor. before hiin, . an the one before -that,. and the.one
before that, and the one before that"andit. is always. the .sarne.thing.
`And, .I understand. It all .depends:whose ox is=getting gored ..And -you
want to protect your thing, andlyour thing is youwant low rates, you want
the best...
Mr.Senatore: That's; wrong, Mr. Commissioner, we've...
ist
Mayor Ferre: You want the best marina at the lowest rate, you want
to have control over it, and...and there is no question that your
predecessors have been completely successful in coming here and absolutely
scaring the hell. out of this Commission, including myself, and which
we have voted traditionally where you are getting rares now that are
thirty and forty percent under the going rates, and I want to tell
you that...that the people who have paid for that in the long run, besides
the taxpayers of this community are the users of these facilities because
they are in such bad shape. Because this Commission has not gone out and
maintained...because we haven't had the money to do it, because we haven't
been charging the proper amounts. Arid as a consequence, instead of
having two thousand marine slips built here in the last ten years, the
City of Miami like Metropolitan. Dade County, has builthardly any marine.
slips and as a...and as a consequence of that the boating community,
the center of gravity has moved to Fort Lauderdale, that there G;e more
boat slips built in Fort Lauderdale in the past ten years than in
Miami in the past twenty years. And I'll tell you for one, it is just time
for us to put a stop to it and I'm ready to go.
Mr.Senatore: Mr. Mayor, I 'd like to say one thing in that area. I just
want to remind you in my opening remarks we indicated that we want to
pay or fair share, I would want to take the rate issue out of your mind.,
I hope that I'm not intimidating you as my predecessors might have
intimidated you. Wnat we are asking you for is to allow us the
opportunity to have a voice to an elected officialthrough this contract.
That's what we are looking for. We don't like the back door happenings.
We want to be up front in the "sunshine. Thank you:
Mr. Plummer: Mr. Mayor, I'll waive all of the,. questions but one has got
tobe answered. Mr. Knox, the attorney Mr. Thomas raised the "question
about the recent Charter change and two appraisals. Ithink that has
to be answered. Now the rest of the questions you can answer if you want.
Mr. Knox: Assistant...special Assistant City Attorney Dick Fosmoen
has an answer Mr...
Mr. Plummer: Well I want to tell you, I love Mr. Fosmoen but his answer
legally isn't worth a damn in my estimation.
whether
its been done, Commissioner..
Mr. Grassier: It's just a question of
Lets get a status reportfor you.
Mr. Fosmoen: Commissioner,-I'have one letter which I received yesterday,
and after this gentleman 's call ,>which...from the City'sfinancial advisor
which indicates that the provisions of the contract for payment for
management services are reasonable:.I have oneletter in my fileWe
had expected a second letter from the Cityts bank depositor, Pan American
Bank. That I have not received yet. Further, I; will point out in the
resolution today that the implementation of this contract will be
coincident with the changes that are necessary, to Ordinance "50"which
controls the rates. I would expect to have that second letter inmy
file before thiscontract becomes...or is implemented.
Mr. Plummer: But Mr. Fosmoen, I didn't hear you say anything about two
independent appraisals
Mayor Ferre: He told you. He has one in hand and he' waiting...
Unidentified Speaker: Have the independent appraisals been done yet
is what we would like to know.
Mr. Fosmoen_ I', have a letter in hand from: the City' financial advisor
indicating to us that based on their experience...
Mr.
Plummer: That's not an appraisals.
.-Fosmoen• Commissioner, we are paying for a service. ere is no ,
way I can get an appraisal on the value of the property for a service for
Mr. VosmoenAcontinuedY: which we are paying for.
- -
_ .
Mr. •PlUmMer: In other words, what your answer then to thequeStiOni ,
'that this contract does not fall under the pUvieWof'79[-633-:','.IS t
thatwhat:you are saying?
Mr posmoen:-, The City Attorney is going to have to answer that one for
Mr. Plummer: Oh, I thought he was now the Assistant City Manager since
• we are playing musical chairs. •
Mr. Knox: The concern has to do with the two independent appraisals
which are designed to insure that in those situations where a cnntract'
,
•
does not fall within the traditional competitive bidding :requirrImentS
that the City is receiving a fair return, or the 'City has' the bes.
possible deal. Mr. Fosmoen appears to be indicating that in order to
satisfy the spirit of that provision it is necessary to have trio
independent entities examine the deal and determine whether in their
best professional judgment is in the best interest of the City. He
says he has one. He says that he has another one which is forthcoming.:
Mr. Plummer: Interesting. •
Mayor Ferre: All right. Further questions? Now,with regards to some
of these questions that.have been asked, the main' thrust is a
substitution of ,the City Commission in place of the City Manager. And
I think that that...that the ability to do that always exiSt, doesn't it?
• Mr. Grassie, les, it does, Mr. Mayor. And I think that the.Way it'is
written now still provides, as is always' the case, for any contested:
question to come to you but it does not oblige you.to hear all of.the
non -contested questions. •
• Mayor Ferre:. The point I want to make on thepublic record, again,
to those of you that are concerned that perhaps are new totheCity 'of.
• Miami or new to these chambers, let me tell you that in thesiX years
that'I!ve been Mayor, and in the four years that 1 served before,that...
ten years, I've yet to know of any member of the public that ever
wanted to address this Commission that was not heard. And .I challenge
anybody to ever state when somebody who wanted to be heard on any'
issue was not heard. As a matter of'fact, we get criticized by` some --
people for overdoing that a little bit. So I'don't know.of another
body that is more open than this one. So, what else do We have?, .
Then we will bring this matter up this afternoon. Is: that correct?
Now Mr. Manger, with regards to,this thing...or Mr., Fosmoen,, that I have
here with regards to fast food franchises and national...and all that
kind of stuff. Has that been clarified?
Mr. Fosmoen: Well not on the record. As far as I'M concerned and the
company is concerned it has been but.'..
Mayor Ferre: Tell us exactly how that's clarified:
, - -
Mr. Fosmeon: You have in your hand, a proposed resolution...a statement
of legislative intent, if you wil4'similar toyour disucssion with .
Mr. Albretton, that would preclude franchise.reetaurants, or drive through
facilities.
, • , . .
Mayor Ferre: All right, let me read that into the record, so we can know
what we are talking about. •Proposed resolution. Where reference is
made to food sales in the management agreement in Article 4(g), sub -paragraph
.
5, and possibly. sub -paragraph 9, the same shall be defined to exclude •
nationally franchised fast.fod facility and/or drive through food
facility operated by anyone. Is that correct? • NOW Bob, is the...is your...
is the coporation, Biscayne Recreation Development Company ready to •
• attest to that?
Mr.'Traugott: Yes Mr. Mayor, we've submitted a letter to that
effect. It was always Our intention from the startthat we didn't
want that kind...
Mayor Ferre: So the answer is yes..
up on this this afternoon.
Father Gibson:
been addressed.
understand that
been addressed.
Sir, I hope that you
This gentleman...do
. No, no...Frank. I
Okay?
Mayor Ferre: Okay.
understand that your concern has
you understand that? I`hope 'You
hope you understand that that has
7. DISCUSSION OF DOX'? 1TO'.'Th? SPECIAL SERVICE DISTRICT
Mayor Ferre: Item number "F". Downtown Special Service District.
Can we discuss that later on? Is there anybody here on that? Emelio
you're here? Can we do that quickly then? The fact is that we were nc':
able to do what we wanted to do because Metropolitan Dade County and
the law precluded us from moving for the March llth election? Is that
correct? And therefore, we have an alternative as to how we proceed and
that is through a letter....what is called a letter election. And therefore,
we don't really have to address it at this time.. Is that correct?
'Mn
Grassie: Basically, yes Mayor.
Mayor Ferre:
Is there anything else?
Mr. Plummer: What is the basis of law on this letterof what?
Mr.Knox:..,No, . what we do, instead of having a machine validated election,
there:: is a mail ballot to determine the will of the people within" the
special tax. district._`
Mr. Plummer: And that's legal?
Mr. Knox: Yes, sir. As a:matter of fact...
Mr.Plummer: Whatabout...are you addressing the problem of additional.
police protection in that letter?
Mr. Knox: Yes, sir. The same question will be posed but it will .be
posedby a letter ballot as distinguished from a machine validated --
election on March llth.
Mr. Plummer: And that's legal and would be binding?''
Mr. Knox: Yes, sir. As a matter of fact, the supervisor o
has suggested that method.
elections
Mayor Ferre: As a matter of, act, the supervisor of elections says
they_don't do it any other way but that way now. Let me...lets go over
the process, J. L. The.way -the law.: is written_ evidently, and the .procedure
is that we've already autorized the County,., for our authorization
of what we want done. The County, now...there is two ways it can be
done Either aletition or the Ctunty Planning Director, after
studying proposes a public hearipg to the 'County Commission,. The
County Commission after a publichearing then calls for an election at
a district that would be specified by them, and the County Elections
ist
Mayor Ferre:
Mayor:Ferre (continued): Elections Department, that is Joyce Dieffenderfer
and her people would then hold an election in which ballots will be
-sent to the affected residents, and they will vote by a certain, date.
And if it passes, then it's done. That's the procedure. Now, in addition
to, that, I have:requested the City Attorney to begin the drafting process
Of„ legislation that we can submit to this years Legislature that begins
in April, an amendment to the law that in the future would allow the
City of Miami to do these type of things directly without having to go
through Metorpolitan Dade County. As of right now, from a practical
point of view, we're really precluded from doing anything but the
procedure that has been outlined. Okay? Any other questions on item
number "F"?
8. DISCUSSION OF JOSEPH COOK VS CITY OF MIAMI ET AL
(SEE RESOLUTION NO. 00-33)
Mayor Ferre: We are now on item number "G".
Mr. Lacasa: Before you start on item number "G", Mr. Mayor, I'd like to
excuse myself. Since the law office of which I am a partner of handles
one of the clients involved in this litigation.
Okay.
Mr. Knox: Mr. Mayor, and members of the Commission, .for ;the record: I'd
like to introduce Air. Burton Young who represented the City's legal
interest in the litigation commonly referred to as the Cook, Case and he
will give you a report and a recommendation regarding settlement.
Mayor Ferre: Okay. Mr. Young.
Mr. Burton Young: Mr. Mayor, Commissioners...my name is Burton Young.
My address is 17071 West Dixie Highway, North Miami Beach, Florida. I
am an attorney. I'm here as acting city attorney on the Cook versus
the City of Miami case. Mr. MayorI come to you to report to you and,
to the members of the Commission the outcoifle to the state of.`apiece
of contested litigation wherein the City of Miami and its executive
officers were named as defendantin a police brutality case. The police.
brutality allegedly took place in 1974. The individual involved was a
police officer by the name Joseph Cook. Joseph Cook was an undercover
agent for the City of Miami. *And .while 'he was serving as an undercover
agent it was alleged in 1974 that was brutally and viciously beaten by
fellow police officers. In 1978, Mr. Cook filed what we call a 1983...
a section 1983, Civil Rights case against, the City of Miami, the officers
involved, the Mayor of Miami, the then, City Manager, the then Chief of.
Police. And the lawsuit commenced. It was determined, by Mr. Knox
with the approval of this Commission, that special counsel be employed.
I was honored to accept the opportunity to serve the City of Miami in
undertaking the representation of the City. When I came into the
picture I made a determination as to whether or not the City has insurance
coverage in order to render the City Commission and render the City
defense in the action...the Federal action, and also to pay such
damages that might be sustained by the City. It was brought to my attention.
my Mr. Knox that the Insurance Coverage Policy, a policy that was issued
Appalachain Insurance Lompany'naa declined coverage. The City of. Miami'.
had an excess carrier called Midland to takeover in the event that the
policy limits wereexhausted by Appalachain. The Appalachain policy only,
insured the City up to one hundred thousand dollars. The excess carrier
ist
Mr. Young (continued): insured the City up to five million
ed nu dollars.
the.Both
carriers had denied...in defense to the City they .
dCity. They said that the acts complained of were outside the terms of
their policy. I contacted Appalachain, their counsel. and I convinced
them to at least come in and defend under a -"reservation of rights". because
I had thought that having one law firm handle this very major complex
ligation would be tremendously expensive. I also, told Appalachain that
in, the event that they did not come in to defend under "reservation of
rights'',` they were looking down at a lawsuit for bad faith. App _
hain
reversed themselves and they came in and they said, yes, okay► we'll come
under a "reservation of rights" and we will defend the City, wewl
and.
defend the Chief of Police, but we will' not defend any...the
Mayor, going to
we will not defend the then City Manager. And, Mr. Young you are ,.
go on and handle the defense, and I said, well that's fine provided that
we work in consort and you:, do all...most of the major work. I'n. going to
tag along. I was interested, of course, in perserVing as much mu' 'y
for the City as I possibly could, in legal fees.They hired Fowler, White
and the lawsuit went on. The case was pending in Federal Court. ,Extensive
discovery was taken. We, Fowler and White and the other lawyers
stthawwere
representing the other named defendent, we deposed everybodyhat
legal etnsues.
anything: about this lawsuit. I want to address, frankly, the
And I think that is all we should be concernedabout
and
dliot he e oral.
of issues at this particular time. It was my of ndathe
responsibility of all` of the lawyers to extricate the City,
if possible, from their possibilities of a judgment against it and an
extensive amount of money. Because this was an explosive case. The
facts alleged, not that occurred,but that facts alledged werecausee horre dotffs•
I'm ...I don't want to go into them by chapter and byverse
a matter of public knowledge but so....I do want to repeat and remind:
you all that the facts alledged by this plaintive were sorry and sorry
indeed. After we completed the discovery process and
duafter
the
case
e was
ntiff
scheduled for trial, an approach was "made to me by by
to sit down and to attempt to negotiate a settlement. At this particular
juncture, the courts had determined that the complaint that was filed by
the plaintiff had stated a course of action. Answers were flied. It
was imminent that we were going to have a jury trial and a jury
trial
fast. This case moved through the Federal Judicial System with; all
speed. The judge was assigned...the Federal Judge that was assigned to
this case was Judge Jose Gonzalez. It was a new United States Federal
Judge. Excellent jurist, and he seemed bent to keep his.calender current
and we were moving right aheadtO trial. Its common' knowledge: that in
Federal Court that it takes a long time to get to trial becausearight of the
backlog. But we knew in this case we were just zipp gzero initiatedn
to the twelve men tried, or, women tried and true. Anyway, they
settlement negotiations with me. They were speaking' about a one time
figure in excess of one million dollars. We batted back and forth and.
finally I got them to agree to submit to One an agreementinwriting that.
they would be willing toaccept the sum of three hundred thousand dollars`
provided that the disability and the pension benefits would not be
disturbed for Officer Cook. That looked' to me' like a lot of money.;
mean, I'm talking about big dollars. And I had to evaluate the exposure
to: the City in the type of complaint that this man allegedly has. You
should, know about it. He's complaining about number
one.y
..I' stalheking
about the physical complaints.`..and`leis a young
has
a injury as a result of the beating. He has a physician that is
going to say that his back injury was permanent.
Mayor Ferre: Gordon, I hate to cut.
pertinent, you know, I"think we are
that, and I' think the point is that
fifteen minutes and this Commission
day. So why don't., you give us your.
you off but unless it is very, very
all aware of the seriousness of all_;.
we have another meeting starting in.
has not had any kind of a break all.
recommendation:,
Mr. Young: My recommendation...Im sorry forbeing verbose but that'
part of my profession and
Mayor Ferre: I want to say that' for those that do not know that. Burton;
Young was the; President of the Bar and, is probably one of the most
distinguished attorney's in Florida and I...we're all very, very proud
ofhim.And
_tier .f fact, r had a call from Washington from someone
62
JAN 2 41980
you may know, who asked me for a reference. And I said, you have chosen
absolutely one of the top three attorneys; That if you would have:.asked
me to recommend on this case, that's one of the. people I would have
recommended. So, I just want to express .that as my' vote ofconfidence
in your ability. NoW, tell .us what you recommend.
Mr. Young: Thank you. I have written a long report that you all have.
Each of you. And the last...second tothe last page of the report gives
my opinion and conclusion. I, think common sense dictates that the
offer of three hundred thousand dollars plusa continuation of the
disability and pension benefits as long as the officer is enabled to
allow that by law,it should be accepted.
MayorFerre: All. right. We
any questions of Mr. Young?
all have a long' memorandum on this.
Are there
Mr. Plummer: Mr. Young, of that three hundred_thousand, and maybe. this
is not, a fair question for. -you,. and if not, Mr. Knox. 'Of;; that thre'e..,
hundred thousand, how much of it is being picked up by. the insurance.
company?
Mr.. Young: We're litigating that now. has, offered.-..
now Appalachain is the one with the one hundred thousand dollars, they'
haveoffered to pay ten thousand dollars-out'`front, and say, we'll„"give
you the ten thousand. We'll continue to litigate `the "question of
whether you are entitled to the ninety thousand. Wehave.a"declaratory.:
judgment pending: We are contending 'thatthey' are:. going to:owe it
So they say, we'll give you ten and litigate as far as ninety.; Midland.
who has the excess carrier, isnot to contribute anything But
we have a suit against .Midland-on.declaratory;,judgmentto hold them
Now,. whether, or not:that is going; to 'be successful,`. Commissioner, :I don't
know.
.;:Plummer: Well wouldn't itseem reasonable.,.,I don't, know your
terminologies andpoint of law George .. or:Burton,_: but it would; seem:';
reasonable to me that they should concur, Mid1nd, that tlus settlement
is reasonable. That they could contend in Court, that' they are not
going to pay the two hundred thousanddollars' because they never. had a
say in the matter.
Mr. Young: They have been put on notice.- And I have kept them totally,:
and fully and completely advised And made them..I gave them the .offer.
Even to come here today to tell you if they 'disagreed with the
settlement. Midland says°that we are paying; too Much money. 'Appalachainr
on the other:hand,. speaking .through George:Gabey,George`;Gabey,":though``:,
he's representing the City of Miami was"furnished:. by Appalachain.'- He
shares;with: me: and he helped participate in the.:arriving..in. thee',.
negotiations. - So he thinks three hundred thousand dollars is reasonable,'
too much 'money.
Midland ..is.taking the pit'sosition,.ney , So I said to ';them,
if it - is too much money, I'll tell; you: what. Put upthe three" hundred ..:.
.
thousand dollars, you put up the three hundred thousanddollars and we'll
litigate for you. And they said no.
Mr."..Plummer Well, you know,.. it seems, reasonable to me.that'we paid,;
Mr. Knox, is there any question in' your mind that the coverage that we,
paid for is not binding?
Mr: Knox: Well, the question is being. litigated. Of course our position
is that the insurance companyis obligated to pay that portion of the claim
for:. which; they are responsible. They object to that and we are in court.
Mr. Plummer: Is there room for objection? I mean, in your opinion. I'm:
not asking for you to make a legal definition. That's for ;;the ''court. .In
your estimation, as a lawyer, is .there any room for their objections to
be valid?
Mr. Knox: Their argument is based _upon the fact that they say that this
coverage is outside the scope of the policy based upon their argument
that "if:.these...if the facts as alledged did indeed occur, then those
W
ist
Mr. Knox (continued) : activities on the part of our police officers
were outside the scope and force of their employment. Therefore,
the insurance policy would not cover it.
Mr. Plummer: And do you concur?
Mr. Knox: Oh no,
sir..
Mr. Young: :That's why we are litigating Mr. Commissioner.
Mr. Plummer: Well Burton, 'look, you. know. I accept your recommendation'
that three hundred thousand dollars is a fair. settlement. I accept that.
What. I`don't accept is somebody=,getting off the hook.
Mr. Young:. Believe me, we are all over their backs.
Mr. -Plummer: Well let, me ask the next. questions.' Are these peop
still our carrier? Are we still paying them a premium? They are no
longer our carrier?
Mr,.Knox: No, sir.
Mr: Plummer_: We're self.:,
Mr..Knox: .Yes,'we're self. insured. This event occurred in 1974' when
they did have a policy in'effect.
Mayor Ferre: All right, is there anybody here representing Appalachain.
or:what. was the name' of_the other firm?
Mr. Young: Midland.
Mayor Ferre: Midland?,
Mr.'.Plummer:. And you say that:you have a'letter in: your file -that
advised them that this matter was:going:to be brought before the.._
Commission today? 'And that if:they;:had• any, objections,or`.felt the"
three hundred thousand was an unfair'settl'ement, they should be here and';
,object. Is that correct?
Mr. Young: I told them..there isa letterin .rny file saying that
the matter is being ,presented before. the, City Comnmission It was
previously settled. I don't knowif I updated the date....which was
previously set. It was going to be previously 'set. I don't know if I
told them...updated my letter._ But they knew it was going tobe
presented. They knew they had the opportunity to come in to object.
They just didn't answer the letter.
Mayor Ferre: All right. Arethere further questionS to be asked?
Mr.. Plummer: How old is Mr. Cook?
Mr. Young: Mr. Cook is...what is he, George? About twenty some odd years
old?
Mr. Knox: He's thirty-four years old now. The incident occurred' five
years ago. Hewas twenty-six or. twenty-seven.
Mr. Plummer: So you and law figure that the -average life span of, a man
is, how long?
Mr. Young:: WelI,,;if:I have to give you and: educated guess now,.T,would-
say that his lifeSpanwould take him into about seventy, seventy-one
years old. .
Mr. Plummer: All right.So figuring it's seventy, he hasforty<more.'
years. ,Forty more years, you,know,.I want it to.be on the record. You're
talking about he's receiving accidential which is;two thirds
for life: time, tax free. And in the case ;of -a policeman,ahat�
represents about twenty thousand dollars a year. Twenty thousand dollars
ist
Mr.. Pl.urmner•(continued)-a year: for forty years is eight hundred thousand
dollars. So in.."ef.fect,:the individual is receiving one million and'one
rather than a three hundred thousand settlement.
Young He'.s getting that anyway.
plummer Yeah, L understand. In other words, he!s getting
eight; hundred thousand dollars for all practical purposes.
s not in contention here. The simple thing that
Mayor Ferre: But that
is before us is.
Mr. Plummer: Well I think it is, Mr. Mayor, to this extent. In our
conclusions and findings, :an we 'feel that what the man is being.
compensated ...
Ferre: I"understand
. Plummer: Is a fair. judgment.:
Mayor Ferre: .Right Again, again, Mr Plummer ,that:;isnot before us.
What is before us is simply this. Do you want to continue the legal
battle and with whatever riskmay
hundred thousandinvolved?
dollars asrrecommended
want "to settle this case.'Three
by the attorney. It's that simple, you know...
Mr. Plummer: Mr. Mayor...
Mayor Ferre And I move to take...if you have strong feelings against
:it, I'll go' withyou.
a man for legal advice and I don't
Mr. -Plummer , Mr. Mayor, when I Pay
take his advice, then either I'm a'fool,or I get rid of him. I concur
with your;,; findings: that Mr. Burton Young;, is one of the finest '' I'm
'paying him for advice, and I shall take his.advice. And I offer the
motion for settlement..
Mayor, Ferre: Okay, there is a motion.
Father Gibson: Second.
"Is there a_, second?
Mayor Ferre: Second by Gibson. All right, further discussion on this
item? Any"other questions?, Any other statements? 'Call the roll,
The, following. resolution was introduced by Commissioner Plummer,_.
who: moved_ its adoption:
RESOLUTIONNO..80-33.
A RESOLUTION AUTHORIZING' THE -DIRECTOR OFFINANCE
'TO PAY:.TO`JOSEPH..COOK WITHOUT THE. ADMISSION OF
-.-LIABILITY,, THE-,SUM,.OF-$300,000, AND:TO CONTINUE
ALL DISABILITY. AND'.PENSION BENEFITS PROVID D
JOSEPH:cool REMAINS ELIGIBLE THEREFOR, IN.FULL
AND COMPLETE SETTLEMENT.OF'ANY AND -ALL CLAIMS
THAT,SAID JOSEPH COOK MAY HAVE AGAINST THE CITY
OF MIAMI,..ITS.EXECUTIVE OFFICERS, INCLUDING THE
MAYOR, CITY: MANAGER,'. CHIEF OF. POLICE.NAMED IN
THE:FEDERAL ACTION"BROUGHT AGAINST THE CITY BY
JOSPEH:000K, UPON THE EXECUTION OF A RELEASE
FULLY RELEASING:.THE CITY. OF MIAMI, ITS AGENTS,
SERVANTS,` EXECUTIVE.. OFFICERS, PAST AND PRESENT,
FROM ALL' CLAIMS; AND. DEMANDS
(Here. follows body of resolution, omitted here and onfile
in the Office of'the.City Clerk).
(CONTINUED ON NEXT PAGE)
JAN 2 41980
ist
Upon being seconded by Commissioner Gibson, the resolution
passed and adopted by the following vote:
AYES:
Commissioner (Rev.) Theodore R. Gibson
Commissioner`J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: Commissioner Joe Carollo
ABSTAINING:- Vice -Mayor Armando Lacasa
ON THE ROLL CALL:
was,
Mayor
yor Ferre: A resolution authorizing. . .is that.what we just voted on?,
Let the record reflect that we have a resolution JBABVB 1-24-80 reading,
a resolution authorizing. theDirector.of Finance to pay Joseph rook, and .
ending with for all claims and demands:
WHEREUPON the City '.Commission -recessed at 1:55 P.M.
and reconvened at 2:30 P.M. with all ,members' of the!
City Commission found to be present.
9. PRESENTATIONS AND PROCLAMATIONS
1. Presentation of a Proclamation designating January 24 as "Rose Gordon
Day" in recognition of her many years of service to the community as
a City of Miami Commissioner.
2. Presentation of a Key. to the City of Miami to Giancarlo Gianini, noted
cinema personality, who has starred in such modern classics as
Seven Beauties, The Seduction of Mimi, Swept Away and The Innocent.
Mr. Gianini is in Miami appearing at the Greater Miami International
Film Festival.
3. Presentation of a Distinguished Visitors Certificate to Mr. Andrea
Von Berger, Director of Tourism of Firenze, Italy. W. Von Berger
will present to the City of Miami Commission, a token from Firenze.
4. Presentation of a Commendation to Ulysses S. 'Monk" Tillman, in
recognition of his more than 34 years of service as a Paramedic
with the City of Miami Fire Department. "Monk" Tillman was recently.
the subject of an article in Paramedic International Magazine as
American '!High Mileage" Paramedic for his longevity with Miami's
Rescue M1 unit.
5. Presentation of a Certificate of Appreciation to the Rev. Irvin
Elligan, Jr., in recognition of his years of service to the Miami
community, especially for the Community Relations Board.
6. -Presentation of a Proclamation designating January 24 as "American
History Dbnth." Mrs. Margaret Bartlett, of the Daughters of the
American Revolution, will accept the Proclamation.
7. Presentation of a Proclamation:designating February 9 as "Scouting Day.
of Recollection" to Mr. Adam Burt, Chairman of the Catholic Committee
in Scouting, South and Central Deanery of Miami.
• Presentation of Distinguished Visitors Certificates to a group of
Columbian' leaders who are touring Miami as part of an exchange program'
sponsored by Florida International University:.
Martha Barraza
Ana Isabel Pereira
Mercedes Arnelia Verhelts
Ines de C�ntreras
Manuel Contreras
Mimi Norio
Vilma Villa
StellaRuiz Cabarcas
Carmen Abntes
Nury Diaz
Myriam Morales
Teresita de Taborda
Edith Cabarcas Mendoza
Bertha Crismat de Gonzalea
Cesar Castillo Iglesias
• Presentation of a Distinguished Visitors Certificate to. Mr. E.ic A.
Pinto, Director Tourism for Panama.
10. PERSONAL APPEARANCE: DAVID T. KENNEDY-REGIONAL GOLDEN GLOVES
TOURNAMENT (WAIVE RENTAL FEES, ETC.)
Mayor Ferre: Our first item before us is David Kennedy, the distinguished
former Mayor of the City of Miami. A former colleague with which I had
a great deal of pleasure and honor to serve this community. Dave,
you're always welcome here.
Mr. David T. Kennedy: Thank you,, sir.
• Mayor
Mayor Ferre: May we have everybody's, attention? Would you please give
Mayor Kennedy: your attention..
Mr. Kennedy: Mr. Mayor, honorable members of the Miami City Commission.'
We of the Golden. Gloves want to thank you for the opportunity of appearing
here today. This is the eighth year that the, City of Miami, has
co -sponsored the Golden Gloves Tournament. This program, due to the
cooperation of the City Miami and two individuals who are with me here
today, has grown to be one of the best programs in the entire United
States. :_I would like to just pay tribute tothe two men along with
the cooperation of the City of Miami who helped make that possible. The.
first is Al Howard, who is our very able director of the Department of
Leisure Services whose considered one of the best men in this business
in the United States. And now from the outside I can say because`I don't
have to give him a pay raise. But we are very fortunate to have a man'
like Al with the, City of Miami. And secondly, Dick Lee who had the
distinction of being one of the great fighters ever produced in this
area,who went on to become a City. employee. He was a coach of the
United States team that toured Russia and Europe many times. And is
considered one of the finestpromoters of amateur fighting. in the
United States. And as I say, these two men are most responsible for the.:
where we find the Golden Gloves Boxing <Tournament today. What we are
here for is to ask once agin for the waiver of rental fees for the
Coconut,.Crove Exhibition Hall. We need it for the dates of March 5th,
6th,,7th, and 8th which will be our state tournament. I might point
out that that is only the users use that we are asking to be waived.
Last year, we paid approximately three thousand dollars for ushers, for
the electricians, for the sound man, and for fire and police protection.
The:second thing that we are asking to be waived, is that the Coconut
Grove Exhibition Hall Mezzanine area including the tables and the chairs,
for "a press luncheon to be held on Tuesday, February the 19th. And
what we're asking is a waiver of the three and fifty dollars for that
room. And as I say, the City has cooperated with this. program, has.
made: this program possible, in fact, as a joint sponsor for the last:
-seven years. "'And we are hoping that you'll make it eight years~
Mayor Ferrel
What's:the will of this Commission?
Mr.- Plummer: So move.
Mayor. Ferre: .Its. been moved by Plummer...
Mr. Lacasa Second.
Mayor Terre:- Second
•
by Lacasa. Further discussion? Call_the roll, please.
The ;following ,motion was introduced by :Commissioner Plummer; who.;.
moved its adoption:
MOTION -NO. 8034
1A- ,MOTION TO WAIVE:RENTAL FEES FOR THE USE OF
COCONUT GROVE EXHIBITION CENTER FOR THE _REGIONAL
GOLDEN GLOVES TOURNAMENT TO BE HELD ON MARCH 5,
8,:1980; FURTHER"WAIVING CHARGES FOR
'THE USE OF THE MEZZANINE AREA.OF COCONUT GROVE:
EXHIBI"TION CENTER FOR A. LUNCHEON;TOBE HELD.ON _.
FEBRUARY 19, 1980 BY THE PROMOTERS OF THE
REGIONAL GOLDEN GLOVES TOURNAMENT
Upon being seconded by ;Commissioner Lacasa" the motion was"passed,
and adopted by the following_ vote:
AYES:
Commissioner J. L. Plummer, Jr:
Vice -Mayor Armando Lacasa
Commissioner (Rev.) Theodore RGibson
Commissioner Joe Carollo
Mayor Maurice A.;Ferre
NOES: None .
ABSENT: None
ON THE. ROLL: CALL:
Mayor Ferre: Thank you, Mayor Kennedy. And.I'd like to..Dick, while
you're here, let me just say that I'm very happy that the State Boxing
Tournament .is taking place in Miaxni As you know, I was distressed when
I heard that there was a possibilityof it "going to. Tampa or Orlando.
And I'm glad that never happened.,And I wantyou to.know".that:we hope
the Golden Gloves will always have its home,:. for their state_ championships_
in Miami. You have our full cooperatiOfl, have had, and will continue
to ,have.
Mr. Dick Lee: Your honor, we have, feeder tournaments in Tampa,. Orlando,
and Jacksonville..:',
Mayor:Ferre: You what?
d
Mr. Lee: We have the feeder, tournaments that feed in here, and we will
alwayshave the state tournament in Miami:
JAN ,1
ist
Mayor Ferre: Fine. Thank you very much, and best wishes.
11. PERSONAL APPEARANCE: GRACE ROCKPFELL'\R-DISCUSSION ON STATUS
OF SERVICES RENDERED BY EDT'•1ARD CARHART
Mayor Ferre: At this time, I'd like to recognize Grace Rockafellar,
a personal appearance.
Mrs. Grace Rockafellar: Mr. Mayor, members of the Commission, I':. Trace
Rockafellar. I live at 814 N.E. 71st Street. I'm President of the
Northeast Miami Improvement Association and the Northeast Taxpayers
Association but I'm appearing here today as a private citizen. I think
it was approximately three...first of all, I want to say, when I requested
an appearance here, I wanted to talk on two short topics not just one.
It was approximately three months ago that I, appeared here regarding
our special attorney Mr. Carhart. Mr. Carhart was hired in March of 1979
to take over the pornography and to get these cases settled. We were
very happy that he was appointed at the time, .knowing his reputation.
We even look forward to on this year on our:anniversary of presenting
him with the outstanding public service -award but we've had very little
to go on so far. At the last meeting when I was here,` -Mr. Carhart...
Mayor Ferrer Grace, I'll tell you, we've goto . sme people.. that have to
catch a four o'clock plane. In the interest of`time..:
Mrs. Rockafellar: Would you rather me come back?_'
Mayor Ferre: No. I want you to tell us what your recommendation is._'<
Mrs. Rockafellar: Well, our recommendation is, when I...on your meeting
of January the loth, I talkedto both Mr. Knox and Mr. Alvarez, and
neither of them have heard anything from Mr. Carhart.
Mayor Ferre:
What are you. recomxnending we do
Mrs. Rockafellar: Well, we're recommending that, evidently he's just
too busy to handle...I:suggest you hire an attorney to replace hixn.
Mayor Ferrer All right.
for a replacement?'
Do you have, Mx. Knox,
any recommendations
Mr. Knox: Not at this point. We'll come'"back.to you with recommendations.
Mrs.-Rockafellar: Mr. Mayor, If I may. I'd like to suggest one for
Mr. Knox's consideration. Barry Halper. If you want tocall him,
he'd be very interested in talking to you.
Mayor Ferrer In all...with all due respects to Mr. Carhart, I:think
Mr. Carhart is probably one of the most distinguished attorney's in this
community,' he's very highly...he's highly respected in his field. He's
so respected that he's very busy and 1 don't... I think he has very
good intentions but this is the third time we've had to do this.
Evidently he has not gotten to this case yet. It's been a year. He's
been before us and twice I think. and I don't think there is anything
else left to be done except send him our apologies and get on with the;,
job somewhere else.
Mrs. Rockafellar: Mr. Mayor, may."I ask you a question? If: I, let you"
take the other people now, will;you call on me to talk aboutthe other
subject that I wanted to speak.to you?
ist
.69
J�;i'' 2 4 'a�'•'
Mayor Ferre:After the public hearing which is at three o'clock on the
CETA There Thpublic hearing on the six year Community Development
Program. •And there is also a personal appearnce on the CETA layoffs. So
we've got those two things. And after that, and Mr. Pei who has to
catch a four o'clock plane, then I'll recognize you. Okay?
Mrs. Rockefeller: Okay. Thank you.
Mayor Ferre: Thank you, Grace.
ACCEPT URBAN DEVELOPMENT ACTION GRANT OF $n , 994 , 000 FROM THE
12. U. S. DEPARTMENT OF NOUSING AND URBAN DEVELOPMENT FOR COI,SYRUCTION
OF THE NECESSARY SUPPORTS AND ATTENDANT FACILITIES FOR A1'.
AIR RIGHTS PROJECT -PARTING GARAGE CITY OF MIAMI/JAMES L. ICII .
INTERNATIOUAL CENTER
Mayor Ferre: All right. Now, at this time, Mr. Pei, would you
step forward..what item is this, Mr. Grassie, please? Mr. Pei's
item. The World Trade Center. We're going to take this out of order
because Mr. Pei has to catch a four...or had to catch a four o'clock
plane. I don't know whether or not.
Mr. Grassie: It's item sixteen, Mr.Mayor, and members of the
Commission..
Mayor Ferre: Item sixteen. All right.
Mr. Manager, you are recognized.
Take up item
sixteen.
Mr. Grassie: I would like to start the discussion by having
make...I'm sorry...
Mayor Ferre: T'ing Pei
Mr...Grassie: T ing Pei make
City
All right,
M'- P
some introductory conunents,. Mr. Mayor.
i.
'Mr.` T'ing Pei: Mr. Mayor, members of the Commission.- I appreicate
very much your courtesy in recognizing meat : -this time in view of my
travel problems.., And I --apologize to all of the other peoplewho are
waiting anxiously for their own turn. My purpose in ,-appearing before
you today is to discuss a resolution before you relating to the acceptance
of a UDAG...Urban Development Action Grant contract from the;U S.
Department of Housing and Urban Development.'~ AndI,have very little.
to say, really, exceptthat it is our conviction. that the. conditions
.for proceeding with this project are favorable, that we`are -prepared
to move forward. And I speak; not only on behalf of my company which
is Sefrius Corporation, but also on behalf. of My .associates, Mr. Earl
Worsham of Miami Center: Associates, and Mr. Ronald Lipton, of; Dade:
Savings and Loan Association. .We are all prepared to do our part...
Mayor Ferre:: Excuse me, Mr. Pei.
some respect for the. speaker.
Would the people in the _back :have
Mr. Pei: As:I was saying, we are all prepared to do our part. We hope
very much that the City Commission this afternoon will accept the grant
contract and ;authorize Mr. Grassie to execute it, or do whatever is
necessary. And that's really the sum total., of my presentation. Thank
you very much.
Mayor Ferre: All right. Are there any questions of Mr. Pei or of the
administration?
Mr. Plummer: Yeah, I've got some. Mr. Mayor,I fail to find anywhere
in my documents an agreement. .In lieu of such would it be very
Mr. Plummer (continued): premature on the City to accept. There: are
certain stipulations that must be entered into and signed by the
developer, and the operator. And I don't think this Commission is
ready to enter into such an agreement until both of those have signed
that agreement which is required. Now if someone has that document signed,
there are some very far reachingfinancial situations there. I cannot
see this at all. 'Mr. Grassie, in the backup material which I assume you
read...
I've been on vacation, Commissioner.
Mr. Plummer: That maybe is the p
roblem. That there are certain
obligations that must be entered to and agreed upon by the:devr1oper
and the operator, as well as the City. I did not see those documents
signed.:. And until such, I would violently oppose this City accep ng
a contract without the obligation being signed by the other two parties.
This, is a tri-party agreement.
Mr. Grassie Well we certainly have a sequence problem in the sense that
we have several inter -related documents and it's always a question_ Of
which one of those is going to be signed first. But possiblyyou need
some kind of an update from Dick Fosmoen whose been working closely
with this. `.
Mayor Ferre: Well...if'-I:may, Commissioner" Plummer. I;thinkthis is
a question of priorities andgood faith.. I think 'there is nothing wrong
in passing a motion in which you would specify" that-wewould. this,
resolution would not go into effect until these other things are' done.
Mr. Plummer:
No,:I think that's putting the cart before the horse,
Mayor Ferre: Well, I. mean, you know, this is...I:hate to,putitto`you
this way, but like Father Gibson says,' you know, we don't want to` do
through the back` door what .you can't. do"through the"front"door
Mr. Plummer: That's exactly what I'm trying to prohibit. I want that
document signed by the two other parties prior. to this Commission. This
is the last place.
Mayor Ferre: Fine. Then make a resolution" to that effect.`. That: we pass
this subject to"that. .°And that shows-good,:faith:on our part and'it
doesn'ttgo around -scuttling` a sixty milliondollar project,for which.
we've gotten"a five million dollar°grant from the government.
Mayor.
Mr. Plummer: Mr. Mayor, that grant has been sitting on by the
administration for over two months.
Mayor Ferre: I guarantee you
about to lose it.
it will not sit much longer becausewe; are
Mr. Plummer: I -have no problem. I am merely stating that before we
accept,those two documents should have`, been signed and presented to us,
that they have agreed to.
Mayor Ferrer Then Mr. 'Plummer, '`lets make it conditional on that. And
we pass the resolution that this will not be released until you and other
members of the Commission are provided with signed documents and: you
are satisfied. Is twenty-four hours. enough?
They've had two
Mr. ;Plummer: I can't anwer that.
been enough because it'snot here.
Mayor Ferre: Twenty-four .ho rs once they are submitted to`you before
they are released. That's"m question..
ist
JAN241980
Mr. Fosmoen: Mr. Mayor, may I comment on Cormnissioner Plummer's...
what we are doing is accepting the UDAG grant from the Department
of Housing and Urban Development. There will be no money spent
until we have demonstrated to HUD that the documents that I referred to
in the backup material are complete to this Commission's satisfaction.
But HUD does need a response from this Commission that you are accepting
four point nine million dollars. The developer and the World Trade
.
Center group need an indication from this Commission that you are
accepting four point nine million dollars from HUD to build the
air -rights structure so that we can proceed to complete the lease and
to get those documents. But not one dime of HUD dollars are going to
be spent until those documents are in hand and submitted to HUD.
Mr. Plummer: Well Mr. Fosmoen, that's fine. I read to you from
item number three of your backup material to Mr. Grassie. "The ueveloper
must agree to reimburse the City for UDAG expenditures in.the even
the project does not go forward after UDAG funds have been expended
for the project.
• . , - • , • .•
Mr. Fosmoen: That's correct.
Mr. Plummer: Now where is that agreement?
. .
Mr. Fosmoen: That agreement will be forthcoming, Commissioner. It is
not necessary at this point. What we are doing is accept.ing...
Mr. Plummer: Mr. Fosmoen, in your estimt. aion it is riot necessary.
Mr. Fosmoen: It is not necessary from HUD's point of view that that
document be in hand today.
Mr. Plummer: Mr. Mayor, my contention is ' , they have had sixty days
in which to secure this agreement. It is not for me to question why
they have not done it. The final result is, it is not done. This is
a crit
eria that is set forth in the acceptance of this grant. If we accept
this and they do not agree or want alterations, this is putting
the
cart
before the horse.
Mr. Grassie: Look Commissioner, the worst thing that. can 'happen to
us is that we'll give back the money-. I mean: there is no exposure
on the part of the City. That's the worst thing that can ha to us
Mr. Plummer: Mr. Grassie...
Mayor Ferre: Excuse me for a moment, please. Theoretically, Mr. Plummer,
•you are correct. Practically, you are wrong. Theoretically you
are correct but we are not dealing with theory today. We are dealing
with five million dollars. I would respectfully submit that. the way
we proceed in this is, that we pass item number sixteen which is a
resolution authorizing the Manager to accept the five million dollars
from Urban Development Grant Action...Action Grant. If the documents
come in and they are not acceptable, the worst that can happen is we
return the five million dollars. I mean, I don't think that s going
to happen and I would say that it would be...I would be perfectly
willing to accept the motion that it would be...that we would pass it
subject to the other parties signing the document, sending it to you,
and you have twenty-four hours, and if upon twenty-four hours you send
written notice to the City Manager that you do not acceipt the document,
I will call a special Commission meeting. And if it is the will of
the majority to send back the money or dissolve the whole thing then
we'll do it. I've got no problems. But why jeopardize a live million
dollar grant, which believe me, within the next week or ten days we don't
•
sign, we are going to lose.
; .
Mr. Plummer: I'll tell you lat: • I'll accept that. But I will not
accept any responsibility tha I am jeopardizing for asking that the
things to be in their proper perspective.
ist
12
Mayor Ferre: J.,L.,-Youireright:. I can't tell you that you're
wrong. You're right. But you know, it's one of these other
circumstances where there are some other considerations. All right.
What's the willof this Commission?
Mr. Lacasa: Mr. Mayor, I'd like to move a resolution authorizing the
City Manager to accept a fourpoint nine nine four thousand Urban
Development Action Grant from the U.S. Department of Housing and Urban
Development subject to the appropriate execution of the corresponding
documents.
Mayor Ferre: All right. Is there a second to that motion?
Mr. Carollo: I'11 second that, Mr. Mayor. I would just like to add
that 1 hope from now on that we get everything in order from the
administration, if it is possible.
Mayor .Ferre: All right, fine. Is there
item as moved? Call the roll, please.
:The following resolution was .introduced by Commissioner
who moved its adoption:
RESOLUTION NO. 80-35.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT A $4,994,000 URBAN DEVELOPMENT ACTION
GRANT FROM THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT, DATED OCTOBER 19, 1979,TO
CONSTRUCT THE NECESSARY SUPPORTS AND ATTENDANT,
FACILITIES FOR AN AIR -RIGHTS PROJECT ABOVE THE
PARKING GARAGE SERVING THE CITY OF MIAMI/
UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL
CENTER; FURTHER AUTHORIZING THE CITY MANAGER TO,,:,.
EXECUTE NECESSARY CONTRACT(S) AND/OR AGREEMENT.(S)
TO IMPLEMENT AND ACCOMPLISH THE SAID GRANT
PROJECT, SUBJECT T•J THE APPROPRIATE EXECUTION OF:
CORRESPONDING DOCUMENTS
Lacasa,"
(Here follows body of resolution, omitted
in the Office of the City Clerk).
Upon being seconded by:ommissioner Carollo,= the resolution was;.
passed and adopted bythe following vote:
Vice -Mayor. Armando,Lacasa
Commissioner (Rev.) TheodoreR. Gibson
Commissioner Joe Carollo
Mayor Maurice A. Ferre
13. PUBLIC HEARING: TO HEAR CITJ ZEN INPUT/COMMENTS IN CONNECTION
WITH THE PROPOSED '6TH YEAR .'(.MMUNITY DEVELOPMENT PROGRAM
Mayor Ferre: I would not like to recognize the Manager for the purposes
of discussing the six year Community Development Program.
Mr. Grassie: In order to introduce, Mr. Mayor and members of the City
Commission, the document that has been included in your agenda package,
I would ask Dena Spillman to give you a brief overview.
Mayor Ferre: Dena.
Ms. Dena Spillman Mayor,. and members of the Commission, before "I
get into the background of the six year program, I'm going to ask
Mr. Frank Castaneda, Community Development Coordinator, togive you.
a brief overview of our first five year program.
Mr. Frank Castaneda: Mayor and Commissioners; the City of Miami
Community Development Program has a long list of accomplishments.
In its prior years the Community Development Program through the
direction of the City Commission has placed most of its efforts in
four areas; park improvement, art, land acquisitionfor housing and
removal of slum and blight, and public service programs. Our public
improvement effort has been mainlydevoted to twa areas; first, the
improvement of dilapidated streets; and second, acquire land for
the construction of community centers. Duringthe first five years
of community development funds have been used to improve one hundred,
and twenty one thousand and four hundred forty 'feet of streets, two
hundred and ninety three thousand feet of curbs and gutters; fifteen
thousand five hundred and eighteen feet of sanitary sewer lines; and
forty thousand four hundred and twenty-three feet of storm sewers.
In conjunction with many of these improvements, an excess of three
trees have been planted. Community Development funds also acquired
the land for the Little Havana Community Center and constructed there
a new four story building. Community Development has also assisted
the County in acquiring the land for the Wynwood and :Allapattah:
Community Centers. Ongoing projects include; street improvements
in many of the target areas, and the construction of -;the Little Havana
Fire Station at Beacom Boulevard and S. W.`4th':Street. This
project is under construction and should be completed in August of
1980. Park improvements; six new mini -parks havebeen built and three
existing ones have been improved. This being Robert E. Lee, Grand
Avenue, and Henderson Parks. The new mini -parks are;, Friendship
Plaza in downtown Miami, Oakland Grove in Edision, and Tony Maceo
Dominio Mini -Park in Little Havana. And in Overtown, the Overtown
Mini -park and the Central Mini -park Many other -parks are in design
and construction. Among those are Dixie and Dorsey Park which are
under construction and Latin Riverfront Park which will begin in
design shortly. Land acquistion: Land acquisition funds in the amount
of nine million dollars have been allocatedfor future housing sites
and slum and blight removal. Sites scattered throughout the target
areas have been acquired and many others are in the process of being
selected and appriased. There are four major projects in this
category. The acquisition of land for the educational complex downtown.
The land acquisition for this project has already been completed. " The
land acquisition for the government center expansion and the Miami
River Speciality Center will beginas soon as County Commission approves
•
their respective redevelopment' plans.
Mr. Plummer: Hold on just.•a•minute. Mr. Mayor, there might just be
someone in there that would'like to hear what this gentleman is saying.
I'm sitting very close and 'I can't hear him that well." ',Thank you..
1st
Mr. Castaneda: Both the redevelopment plans have already been
approved by the City Commission, And last, the appraisal selection
process is underway for the land acquisition in the Overtown area. The.
Overtown redevelopment plan has been approved by the. City was approved
this week by the County. Public Service Programs: Community
Development has comitted during these five years, a total of two
million two hundred seventy-one thousand dollars to public service
programs.
Mayor Ferrer Wait, wait. Mr. Sullivan, Mr. Green, Mr. Sullivan?
Mr. Sullivan, would you help me and keep the group back there quiet?
Would you help me? Thank you. Okay.
Mr. Castaneda: Public Service Programs: Community Development has
comitted in these five years, a total of two million two hundrei
seventy-one thousand two hundred and seventy-six dollars to publ.Lc
service programs. These programs in conjunction with our phyiscai
improvements, have had an impact in alleviating the problems of our
low and moderate income residents. Presently, we have contracts
totaling eight hundred and ninety-five thousand, thirty seven dollars
with fifteen agencies. Aside from the projects which I -have already
mentioned, Community Devevelopment has funded the Department of Trade
and Commerce to provide economic development for the City. And as
all the funded projects which removed architectural barriers such.
as construction of ameneties for the handicapped at Curtis and`Morningsid�?
pools, and sidewalk ramps for the handicapped in the downtown- area.
The City has also funded historical preservation projects, such as the
acquisition of Dr. Jackson's office and the relocation of, the Wagner
Homestead, an historical site, to Lummis'Park.. In the fourth year
of community development, the City initiated the Great Neighborhood
Housing Rehabilitation Programs in the areas of Allapattah, Edison,
and Model City. And in the fifth year, the program was expandedto
include Coconut Grove. This program provides low interest, three
percent property improvement loans to qualified owner -occupants of
single family and duplex dwelling units :.located in the great:neighbornood-
area. So far, two million six hundred dollars have been'. allocated for
this purpose. If you have any questions we'll....
Mr. Plummer: What's the total amount you spent in five years?
which was started in the
Mr. Castaneda: The Great Neighborhood Program.
fourth year...
Mr. Plummer: What is the total that you have spent for
of operation?
the five ,years
Mr. Castaneda: Twenty-five million dollars.
Mr. Plummer: Approximately five million a year?
Mr. Castaneda: Right.
Mr. Plummer: What is the total amount that we get for community
development?
Mr. Castaneda: It has gone up from .two 'million -dollars .to.: eleven'
million dollars at the present time.
Mr.
Plummer:
n'the five, years?
Mr. Castaneda: Fifty million. we have approximately spent half of
what we've gotten. Fifty-two percent.
Mr Plummer: The other forty. -eight percent is where?
1',
Mr. Castaneda: It is allocated for projects which are under construction
at this present time.
JAN2
ist
Mayor Ferre: All right. Ms. Spillman.
Ms. Dena Spillman: I'd like to give you some background of why we are
here today. As yoU are aware, we are presenting to you our proposal
for the sixth year Community Development application that we must
send to the Department of Housing and Urban Development. Our entitlement
amount this year is eleven million three hundred and seventy six
thousand dollars. This is a non-competitive grant that we receive
from the Federal government based on population, poverty, and housing
overcrowded conditions in the City of Miami. This .s the first of
two public hearings which will be held on this item. The second
hearing is scheduled for February 12th. And all items must be
decided by that date because we have to send our application into the.
review process on February 15th. The Community Development year
that we will be discussing today starts in June of 1980 and fume will
be available to be spent in July of 1980. Last year we came to yor,
with a three year plan. This is a new regulation that was require_..
by HUD. You approved a plan for the 5th, 6th, and 7th year of commun?.ty;
development. What we are going to discuss today are any amendments:
or changes which we want to make to the six year plan which has already
been submitted. Just to briefly go over the purpose of the Community
Development Program, it is basically a physical development program: "It
is the only source of funds that the City has for housing and ,
redevelopment activities. And since Dade County is no longer;. spending
funds in the City for these activities,.it is critical that we` continue
to support them. Community development law generally requiresthat we
provide housing, that we improve neighborhoods, that our projects
be of benefit to low and moderate income people, that social" services
can be funded as a subsidiary, function to the physical development'
projects. We are also under a requirement that says that our -,improvements'
must go into small areas which are known as neighborhood strategy areas.
Now when we all first started five years ago on this, we had giant.'
target areas. And Mr. Lacasa remembers that. HUD has changed their
rules. We now must deal with smaller areas so we can show an improvement
in the neighborhood within a five to ten year period. And they are
being very strict about this. The new HUD regulations also allow for
economic' development, as Mr. Castaneda mentioned, we are exercising
this option through the Department of Trade and Commerce, and as well..
as well as through our recommendation to fund the City-wide local '-
development corporation. There is one thing I would like to talk,"
a little about that just so it's understood because I know the issue
is
;;going to come up today. The proposal that was made by Herbert Bailey
and Ben Goldstein spoke to a City-wide development corporation. We,
took that one step further because of some of the concerns we heard in
the various neighborhoods. That was a concern that their neighborhood
be given attention, that they got some help,they wanted somestaff
assistance. And our recommendation is that each neighborhood be given
the option of taking fifty thousand dollars of their funds to hire
an`executive director, a secretary, to have an office and to begin to
deal with some of the problems that they have talked about. ' And we,"
are trying to be responsive to the community in that manner. I'd like
to review with you just briefly, the citizen participation process
that has taken place for this application. I'm passing out a memo
to you now which lists for you all the meeting's that have been held
with each target area during this process. We started in May, as
you will recall, with our elections of the CD Boards. In September
we began the community development planning process. We have held a
minimum:` of one meeting monthly with each of the CD Boards. We have
held committee meetings upon the request of the boards, we have held
special board ineetings when it was required. We have held special
workshops, individally with boards and, with all the boards present.
And you can find'the special workshops listed on the last page of the
document we just passed out. We have had special problem solving sessions
such as the one in Overtown with the New Washington, Heights Board.
And I might add here, and I,think.I'd"like to .explain this to you.
Federal HUD only requiresthre;•public meetings in -total, on the
communty development progam. Okay? Three, that's it. Asyou can
see from your list, we have gone way beyond what,the minimum requirements..
76
ist
t t r ,n',.
... Iv`i/
V
Mayor Ferre:
Ms Spillman (continued): for citizen participation are. Our
proposals today follow the same concepts we've been following over the.
past five years. That is, we're concentrating our efforts in housing,
street improvements, economic development activities, redevelopment, and
on -going social service programs. Now-, if I could just take a moment,
you have in front of you...you have in front of you your notebook which
contains our recommendations. If you'll just briefly...on pages one
to eight, you will see the analysis we used for funding. The funding
for each target area over the six year period, and the recommendations
for each target area. If you would look on page eight, please. I
just want to review with you our city-wide proposals because the
neighborhood groups will not address those. We're proposing a small
fund of fifty thousand dollars for tree planting. We are going to work'
with the Parks Department and set up a nursery so that we can produce
our own trees, save a lot of money and provide a`needed amenity -throughout
the City. The garment center expansion is proposed for one,millio
dollars. That project has been approved by ,the HUD,Board, as Father
Gibson indicated earlier, and we feel'we can move -on that very. quickly.
Mayor Ferre: Dena, can we ask questions as we go along?
Ms. Spillman: Sure.
Mayor Ferre: Fifty thousand dollars for ,tree planting. Does that
supplement or does that supplant the three hundred thousand we had
previously earmarked?
Ms. Spillman: No, we did have three hundred thousand. Wefound that it
was very expensive to go out for bid buy trees. We are paying
a lot of money for them.
Mayor Ferre:
We're growing Our own trees.'
Mrs. Spillman: That's what we are going -to`do.
own and have City forces plant them.
e are going to grow' our
Mayor Ferre: Well, the point is that this Commission went on record
asking for three hundred thousand dollars to be;spent ;on a; majorproject
of planting trees in this community.. Now, that has not been done.
Ms. Spillman: No, that has been done, Mayor. We have over the ;past
two years used Community Development funds to plant trees throughout
the City.
So we have used three hundred thousand dollars worth?
Ms. Spillman: Oh yes. I think we've used; more than that.
Mayor Ferre: Fifty thousand...
Mr. Grassie: We've spent more than two hundred and eighty thousand
dollars worth in planting trees in the last eighteen months, Mayor.
Mayor Ferre: I just wanted you to know that Mildred Pepper was not
the only tree planter around here.
Ms. Spillman: Let me tell you the reason we changed our proposal?
Vince can probably support this. It is very expensive to go -to.a
private contractor, buy fairly large trees, and then' have them planted
privately. We think we can do a lot better if we keep it as an
in-house function.
Mayor Ferre:
Okay.
Ms. Spillman: All right. .We're proposing five hundred and fifty
thousand dollars for the Miami River Specialty Center which will be on
your agenda later this evening. Sixty three thousand dollars for
removal of architectural barriers for the handicapped. This will be.
77
JAN2419SJ
Ms. Spillman (continued): used as a match for:an Urban Parks Grant
that we are going to get from the Federal government." Proposing four
hundred thousand dollars for Dinner Key Island Park. That money
will also be used as a grant...a match fora state grant. Proposing
two hundred and fifty thousand dollars for a city-wide building
demolition fund and two hundred thousand'dollars for the city-wide
local development corporation which has already been discussed with'.
you. Now as we get into this, in your book the green pages are
previous projects and status of those projects by target area. The`
white pages are the recommendations of the community and: of staff.
So you can refer to them as necessary. I'd like to introduce to you
two people from my staff who are here today who, are responsible
for translation should it become necessary. Sonia Figeroa and, Alberto
Hernandez will be available. And with that, are there any questions?
Mayor Ferre: All right. Are there any questions of Ms. Spillman
at this time? If not, we will proceed then with hearing from the
community. I would like to announce that we are going to do itin this
way. We will hear first from the chairpersons in alphabetical"' order.
and tr'n after the chairperson speaks, now after all the chairpersons".
hay. q^o-:.n, I mean, if you still feel that chairperson has not covered
your feelings, and if you still wish to address this Commission, then I'
willrezognize you for that purpose. I will limit the length of the
statement because of time constraints as such. And recognize also,
that we have a another public hearing on this same subject in":
February. Now, the chairperson, and I'm going, to stay this in
Spanih for those of you..that's the next language I'm going to speak
in so don't be surprised or upset. (AT THIS POINT MAYOR FERRE
TRANSLATED HIS PREVIOUS STATEMENT) The next speaker after Urra of
Allapattah will be Brown of the Grove. Then Mr. Charles Cash of
Culmer because Bishop Johnson is ill. Betty Graham of Edison Little
River, Carlos Rodriguez Quesada of Little Havana, George Adais of ,,
Model City and Emilio Lopez of Wynwood. So if youwould;please step"
forward at this time. Would someone. . .Sonia, are you goring to
translate? (AT THIS POINT, MAYOR FERRE HAS BRIEF DISCUSSION 1.1.URRA
IN SPANISH). Is there anybody here who needs more than five minutes
to make their presentation? Any chairperson?.Anybody here?_"
Lets put on the timer so we'll keep a sense of time here.
Mr. Orlando Urra (THROUGH AN INTERPRETER).: The advisoryboard for,
Allapattah did not accept any of the points for the six year....proposed
for the six years in Community Development, in respect to the. funds.
We belive, because the Allapattah neighborhood is one of the poorest
areas in the City of Miami, and it also". has a;tri-ethnic communities,"
the blacks, the whites and the spanish, we believe the, funds allocated '
to these areas are very inadequate. Very small. We.belive that since'
the Allapattah neighborhood is one of the ones that has the lowest`"
economic levels in the City of Miami and is also.one ofthe ones that
had manifested greatest participation in the community development
projects, the one million dollars that has been allocated ..I'm".sorry,'
half a million dollars that has been allocated to the area is not;:`
nearly enough to meet the needs of the residents, in. the area. Andit
won't even pave one of the streets. We just want to ask, the "
Commission to reconsider what the Community Development Department is
proposing. Thank you very much.
Mr. Lacasa:Orlando, before you leave,do you have specific recommendations
as to what you want to be done in Allapattah?
Mr. Urra:
MR. URRA)
(AT THIS POINT BRIEF DISCUSSION BETWEEN MAYOR FERRE AND
mayor Ferre: Do you have a specific recommendation?
Mr. Urra: (ANSWER GIVEN IN SPANISH AND NOT TRANSLATED)
Mayor Ferrer' How much:
ist
Mr Urra (ANSWERED ':WITHOUT INTERPRETER)
Mayor Ferre: He says he wants it all. Obviously
get eleven million dollars so. (LAUGHTER)
MR. URRA ANSWERS QUESTIONS. IN SPANSIH
Mayor Ferre: He says that they want equality of participation.; Are
you ready to address that issue now, or later? Do you want toaddress
it now? I don't care, do you want to address it now or later?
Ms. Spillman: Okay. In response to Allapattah's concerns, which we
were aware of, we have done an analysis of the funding over the',
proposed seven year allocation as well as the six year allocation
And let me tell you how it comes out, okay? And I don't think c'me
people are going to be happy about this but I've . got" to tell yo . t' e
way it is. Coconut Grove and Edison Little River come out extreme..y
high on the scale. Okay? If you look at it interms they are receiving
more funding per capita of low income families than other target area
you're not going to
Mayor Ferre: Coconut Grove and. Edison Little River.
Ms. Spillman: That's correct.
Mayor Ferre: Are coming out high on the scale.
Ms. Spillman: The rest of the neighborhoods are relatively the same
except for Allapattah, which is the lowest of"all ;the .target areas,'
for the six year plan. Now, it is my recommendation that: this problem"
cannot be solved this year.. We are dealing with a three year plan._; I
would think that we should rectify the situation in the seventh year
when we come hack to you...
Mayor Ferre: Just for those that don'tunderstand, the
is next year.
Ms. Spillman: >That's right I mean,other wise...
Mayor Ferre: That would leave:<tWo Years to rectify what should havebeen
done and hasn't been done. Well, can you be more specific. Actually,
they want a specific statement.
Ms. Spillman: Well what 1 can...if`you wou].d like our funding to be
equitable on a per capita basis for low income farnilies which is a, very
good criteria to use, next year we will use that formula` and bring
Allapattah up to where itshould be and lower other target areas.
Mayor Ferre: But where it should be...taking'into ;account this year too?
Or are you saying let this year go by and that's...
Ms. Spillman: I'm suggesting that we let this year go by. However,
you want to rectify, the situation now...
Mayor Ferre:
That's ;my point.
seventh year
Mr. Grassie: No, no. Dena, I think the Mayor is asking something
different. In rectifying the situation next year, you would consider
that the rectification would take into account the fact that they
were low this year....we.' make up.`.
Mayor Ferre: Okay. Now you got it.
Ms. Spillman: Oh yes. We would try to even things out over the past..
Mayor Ferre: Well, I think you've,.got to tell them on the record. If
not today, certainly by the next meeting so that there is no
equivocation or. question. And i don't want, for example, Coconut Grove
or Edison Little River, or somebody else to say, well, but you know,
ist
79
Mayor Ferre (continued): we don't want to accept that because you said.,
we don't know what the figure is. I think we've got to bite the bullet'
now is what I'm saying. .If there is a-bullet'to be bit.Do you.`
follow me? If we are goingto bite the bullet we have to bite it now.
I: don't want to be pushing this off until next year.
Ms. Spillman: Let me say one thing. It would'be very; difficult for us
to provide you with specific figures for allocations by'the`next public
hearing. Because during the planning process all kinds of projects'
come up and there is absolutely noway we can pinpoint at this time an
allocation for a neighborhood. But we can tell you that what Mr.
Grassie just said, that in our funding analysis we will rectify the
situation.
Mayor Ferre: Dena, let me be very specific. Allapattah is' earn;^rked.
for five hundred thousand dollars. Okay? Coconut Grove is earmsrled
for six hundred thousand dollars. Is that right?;
Ms. Spillman:
Mayor Ferre: Okay. y
Ms. Spillman:
Six hundred and forty-three`. thousand.
ka Six hundred and forty-three Edison Little River.
One million, one hundred and fifty thousand.
Mayor Ferre: Is one million, one hundred and fifty-five. Now, you're
saying that on a per capita basis you recognize the difference in.
Edison Little River and Coconut Grove are getting much more, than their
proportionate share on a per capita basis. And I'd like to`know`<
how much more? And if they are getting more, then what in effect •
have they been...have they been shortchanged one hundred thousand
dollars? Fifty thousand dollars? Two hundred thousand dollars?
Mr. Grassie: Well, you'd have to put it on a per poverty level person.
Mayor Ferre: I understand.
Mr. Grassie: Basis.
Mayor Ferre: I understand. And therefore, -,I am asking for :the figure;
on a fair proportionate allocation, on a per capita basis, taking into
account this year as well as`next year.' Now, I'm not:saying that
this is what the Commission is going to do but I understand: what you
are saying. And all I am requestingis that this year be taken into
account when you make this redistribution.
Mr. Plummer: Well, don't we also have to take into consideration
the last five years?
Mayor Ferre: If you take into consideration
Mr. Plummer: The last five.
Mayor Ferre: The last five years, what in effect you would: be saying is,
that Edison Little River and Coconut Grove would get nothing. You know,
and that wouldn't be fair because they didn't get...they didn't get
nothing.
Ms. Spillman: Let me give you an idea of the differences here. Okay.
I can't translate at this moment into dollars that we owe Allapattah,
for an example, for the six year: allocation, and it is very hard to
take the sixth year out of..:.as Mr.'Plummer just mentioned. I mean,
we're talking about a five year, six year program. But for the sixth
year, Allapattah is being allocated one hundred and forty dollars per
family...per family below poverty level. Coconut Grove is at
nine hundred and six five thoUsnd dollars. Edison Little River is at
three hundred and two dollars. The rest of the target areas are
relatively in the same' range:' Allapattah,,as I have said, is low.
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80
BAN 1980
Mayor Ferre: Sounds that way, doesn't it?
Mr. Grassie: We should point out, Mr. Mayor, that about one year
and one half ago, the City Commission adopted as a policy question
a direction. And you asked us to basically accomplish what is shown.
in those figures. If you remember, So it simply reflects that.
Mayor Ferre: Mr. Grassie, let the record reflect that I am not
questioning, in any sense, that what we have done in the past was the
vision and the will of this City Commission. And we did it knowing .'
exactly what we were doing. I'm not questioning that. We're not
shifting blame to Dena Spillman and the administration. We knew what
we were doing. I'm saying it publicly. Okay? Now the questic.' is
what are we going to do this year and next year? Okay. Have you,
concluded?
Ms. Soria Figueroa: Mr. Urra has a question. As I explained to him„
Dena has proposed that we reconsider the allocation for Allapattah
next year, taking into account this years allocation. He does not
agree wi'-h that. He wants the allocation to be reconsidered this year
in the sixth year. Not to be reconsidered in the seventh year but done.
this year.
Mayor Ferre: I understand.
Mr. Plummer: Let me ask a question of Mr. Urra. As I' read` here, if,
I read correctly, basically your group did not agree with any of the
City's recommendations. Is that correct?
Mr. Urra (THROUGH AN INTERPRETER): They do agree with some points in the...
recommended in the six year plan. It` is just some others they don't
agree with.
Mr. Plummer: Well at best, the only thing 1 can see here that they
agreed with was economic development. Is that correct ?
Mr. Urra: Yes, that is correct.
Ms. Spillman: Commissioner -Plummer..
Mr. Plummer: Yeah, but I'm not finished`.,
go ahead.
Ms. Spillman: I think the Allapattah Board, on pricipal, did not agree
with any of the projects just to prove their point that they wanted
more money. However, in the individual, I: think Allapattah wants
street improvements, they want housing rehabilitation. It is just the.
amount of money funded for it.
Mr. Plummer:
Mayor Ferre:
That's not what it states here.
Wait a minute. Let him state his own thing.
(MAYOR FERRE INTERPRETS THE QUESTION)
Mr. Urra (THROUGH MAYOR FERRE): In. other words, what he is saying, ifI
understood correctly, is that hehas no opposition to any of the projects,
he just wants this and more. He thinks that the five hundred thousand
is just not a fair allocation'. Arid he thinks that they should have
more. From eight hundred thousand to one million dollars. Okay? So
he's in accordance with this. All right, thank you very much, Mr. Urra.
The next speaker will be Coconut Grove: which will be Fredricka Brown,::'
Chairperson. Mrs. Brown, how.'are.you today?
81
JA f 4 ci 'i iV
ist
Mrs. Fredricka Brown: My name is Fredricka Brown and I live at
3645 Franklin Avenue. I am the chairperson of COconut Grove Neighborhood
Advisory Council. The honorable Mayor, and fellow Commissioners, we the
Coconut Grove Neighborhood Advisory Committee wish to thank you for your
past support. We do, however, have some concerns relative to the
sixth year Community development allocation for the Coconut Grove
target area. And if you will see the attached sheet. The Coconut
Grove CAACD Neighborhood Advisory Committee is requesting information
regarding the availability of funds as stated, in the City of Miami
project recommened for the sixth year. Number one, land acquisition,
page forty-three. The City's recommendation is not to fund this project
since sufficient funds are available for the land acquisition from
previous years. We want to stress that there have been monies allocated
before land acquistion from one year to the next year and some of.the
property that was required...I mean that was recommended has not been.
acquired. The City staff has informed us that because funds were not
spent from previous years to acquire property, money cannot be allc'ated
for other acquisitions. If funds were secured in previous years and not
spent, this was not through any fault or negligence on the part of the.
committee. The committee needs to know if the one hundred thousand ,
that is available to acquire land on Monday arid Carter Streets, as
recommended for the six year. If this is true, that money cannot be .."
allocated tht-In we want the following one hundred thousand which we feel
can be spent in the Coconut Grove area rather then being re programed
into another area. Number "A", we are suggesting these recommendations.
Instead of transferring fifty thousand for the Graphic Arts Program . .
from the two thousand allocated for street improvement, page forty-four,
take the fifty thousand from the one hundred thousand, leaving fifty ,
thousand dollars. Number "B" , take thirty-four thousand from the
fifty thousand to fund the crime prevention program, page forty seven.
Although this program was solely funded by Dade County Community Development
funds in previous years, we feel this program is an asset in.our area.
Its clientele is approximately eighty-five percent from the City of Miami. -
And number "C", use eleven thousand five hundred of the remaining sixteen
thousand to supplement the thirty-one thousand allocated for legal. '
services. That's on page forty-six, item six. This would bring their
budget up to the figure recommended by the committee. This willaleo ,
enhance the availability of services to the community Monday through'
Friday. And number "D", the remaining four thousand five" hundred be
added to the two thousand for street improvement. That's on -page
forty-four of your recommendations. A few minutes ago we heard Ms. . .
Spillman say that the Coconut Grove area.was_oneof those that was
receiving a high allocation. On our plans; wehave five hundred and
forty-three thousand, three hundred and twenty-five. I would like to
ask...she just said that we are getting six hundred and some thonsand
dollars. Could you explain...
Ms. Spillman: That's a typo...it's six hundred forty-three thousand.
.
It's a typographical error.. Your total is six hundred and forty-three - 2
thousand three hundred and twenty-five dollars.
Mr. Plummer: Did I hear the answer?
Mayor Ferre: Yeah , there was a typo mistake;
Mr. Plummer: The additional hundred thousand is there?
Ms. Spillman: No, I want to explain that, if I can.
Mrs. Brown: We want another clarification, Ms. Spillman on page...
Mr. Plummer: Wait a minute, my dear. Lets take one step at a time.
The hundred thousand.
• •
Ms. Spillman: Their total...4, you want me to get into the hundred
thousand? Okay. What the r e is protesting is that in the six
year plan last year, we had one hundred thousand dollars allocated
land acquisition. They are exactly right. As I mentioned before, the
82
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JN r)
•••:k
Ms. Spillman (continued): six year plan was an outline subject to
review and revised recommendations now. That's why we are here.The
reason why we took that money away in our recommendation, is that last
year we allocated funds for land acquisition for specific parcels. We
found that we can acquire those parcels and still have one hundred and
forty-seven thousand, six hundred dollars left for land acquisition
in Coconut Grove. So to put additional funds in that pot right now
will just mean that the funds will just sit there with no purpose over
the next year. And I want to clarify something that's very important.
Under community development, you are supposed to spend your entire grant
in one year. It is very difficult to buy land, to go through the entire
appraisal process. A lot of times we have togo to court through
condemnation. We cannot accomplish these things in one year. We can
theoretically lose our CD grant if we don't get our spending level up.
And to put additional funds into a project which is not going to happen
next year is not going to do us any good. What I'm saying is, i.ney
are going to get the land acquired that they: want. It is just a alstion
of :from where the money comes.
Mr. Plummer: Yeah, but that's not: the contention, as;I understand it.
The contention is that those monieswere in fact. allocated. They were:
not used and they feel that thoseallocated monies to their project area
should be used for something else. And I agree.
Ms. Spillman: No, no. They were never allocated, Commissioner.: What
presented last year was a proposal and outline to be considered during
the planning process this year. Those funds havenever been allocated
because you have never acted upon them. They have never been officially.
given to the Coconut Grove target area. They were iri their plan asan
idea and as a thought. Andwhenwe got into the planning process after.
looking at the funding that Coconut Grove had gotten andrealizing:
that we didn't need the funds, we reallocated the funds to other target
w
areas.
Mr. Plummer: You didn't allocate but you reallocated.
Ms. Spillman: Well,. it was;a guideline. We took from ..see, what they
are saying is that this was approved, this was our money, and I'm saying
it was a guideline and we decided this year that it is not feasible to
continue that project.
Father Gibson:
defer.
Let me ask this question. Go ahead, I'll wait. I'11"
Ms. Spillman: All right, let, me:respond...all right, to go on with your
point. Wehave funds available.to do the land acquisition they are.
concerned about. There is...there are no housing units available right
now, anyway toput onthe land ..the additional land that they want
to acquire. So to acquire more: land` would end up in a bunch of vacant
lots in Coconut Grove.
Mr. Plummer:
acquire.
can think of four corners that I'd love to see you
Ms. Spillman: Well, you'd
what you are talking about.
Brown:
I didn't hear
have to ,talk to them,• about that. I -'know
the question.
Mr. Plummer: I can think of.four corners in Coconut Grove at Douglas
and Grand I'd love to see acquired whether you ever put anything,. on them
or not.
Mrs. Brown: Yes, we plan
Mr. Plummer:
o.
We could reduce the Police Department by about
half:
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JAN241980
Ms. Spillman: All right. In response to the question:; of the projects
that they want funded out of•the .money thatisn't there at this moment, •
the Crime Prevention Program is`a'program that was previously funded
by'`Dade 'County. And I've discussed this with some of you previously.
Dade Countyhas determined that they are not going to be in the social
service business through Community Development in the City of Miami
any more. So in effect, they are asking us to pick up all their social
service programs.
Isn't that nice.
Ms. Spillman: Well that's...we're saying that it is not our responsibility
to pick up this program. That it is the County's responsibility through
whatever funding mechanism they choose. If they don't use CD, they can
use another source of funds. As far as more money for legal services
goes, we are not recommending any increases in social service programing
this year, as we have not in past years.
Father Gibson: Let me ask. I find it hard to understand how these.
people are lead, or were lead to believe that they one hundred thousand
dollars in the coffers they could use. And then now, you are saying to them
they can't use it. You've transferred it. Either you had it there
or you didn't have it. there. Plus, let me raise another question that
bothers me about government and that's why I always say`I think we ought
to be careful in some of these things. They are not acquiring land
was not there problem, was not their fault. Maybe finding that this
is the experience,' staff along with all the rest of us have a responsibility
in saying to government that the rule ought to be changed. I...I believe
that...well`Mr. Mayor, let me call something to the attention of all of
us why I'm not so sure moving that money is smart. You have a situation
of housing right outthere on 37th Avenue going over to Walt Brooker. All
of the people eventually over on to Dixie is going to be your problem
and they don't live in the City of Miami. Isn't that right?
That's not community development. That's up to transit.
Father -Gibson: I'm not too worried about where you take the money out
of. What I'm concerned about is the people who are going to be affected.
Now, it is no accident ..that I came to this Commission and I went to
Metro and urged Metro to get us together with Coral Gables. Do you
remember that? I' think these people have a legitimate gripe about not
moving.jthat money because, what is going to happen, Mr. Grassie? And I
want you to hear this because not having been around here you need to
know what kind of music they are going to play on you. They are going
to move those people out of the City limits of Coral Gables over on this
side and you are going to have the baby to deal with. Now, if you
move_the hundred thousand dollars, you are going to be in trouble. I
don't know if you understand...Coral Gables refuses to deal with the
housing situation. Isn't that right Ms. Spillman?
Ms. Spillman: I have not been a part of any of those meetings.
Father Gibson: Say. what? 'Isn't that right? All right. Listen, listen.
You ought to know what they know because we had the meeting. Mr. Luft,
come up here, please. Please, for God's sake get me off the spot.
Mr. Plummer: Get you off the what?
Father Gibson: I'm on the spot. She doesn't want him up there but'I
want him...you tell the Commission and the public what...you explain
you're the professional.
Mr. Luft: The Rapid Transit program, Stationary Planning Program has
recommended the acquisition of several parcels of land around the
Douglas Road station. ;One of those parcels is the housing along the
North side of Dixie Highway.. There are ninety families living on
that parcel. This is a joint program between Coral Gables, Dade County
and the City of Miami. The:..
Mr. Plummer: How old is that, Mr. Luft?
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ea
JAN 2 41980
Mr. Luft: Pardon?
Mr. Plummer: How is`,that...is.that a year old yet? How old 'is"that
._;
housing project?
Mr. Luft: Probably fifties.
Mr. Plummer:. What?
Mr. Luft: Early fifties. The North side of the highway.
Between Dixie and the tracks.
Mr. Plummer: 'Are you: talking about Viet Nam?
Mr. Luft: No, :no. . I'm talking about the existing housing on the
North side of Dixie Highwaybetween the highway and the railroad
tracks.
Mr. Plummer: In the Gables.
Mr. Luft: In the Gables. All right? The proposalwasto acquire that.
housing and remove it and relocate the people, the fainilies that live
there. The question was, where are those families to be relocated?
Mr. Plummer: Isn't that Coral Gables?
Mr. Luft: That's Coral Gables.
Mr. Plummer: Coral Gables:
Mr. Luft: We had a meeting. Commissioner': Gibson pointed. out that
the City of Miami has historically taken care of: its.. own. .We have both
public housing, we have tried to accommodate as nearly.as best wecan,
the needs of those people who have been dislocated through government
actions. Commissioner Gibson pointed out that, it, would be helpful
if the cooperation could be received from Coral"Gables to relocate
those people into decent housing in the community from which they
Coral Gables pointed out that they were not interested in public housing.
They would prefer that the County dealt with the issue. I can say that :':
from meetings that I have chaired in that meeting, dealing with that
particular redevelopment program, those people have expressed to the
Cityand the. County the desire to remain in their community. Most of
those people in that housing have families in the Coconut Grove area. `.
They wish to remain nearby. I think what Commissioner Gibson is pointing
out is when that program, if that program is to happen, sooner orater
those people are going to want to stay there and they are either. going
to be on the North side or nearby in the Gables or they are going:
-to
be in the City of Miami.
Father Gibson: That's right. So,therefore, I want to say now, I think
to move the hundred thousand dollars because you didn't acquire the land,
that you thought you should have acquired is not wisdom at this tirne
because you will compound a problem that will: be on perhaps to the
point that you won't be able to
Mayor Ferre I'll recognize.y'ou to make that -amendment
Father Gibson: Beautiful. Thank you very much.
Mayor Ferre: All right. Is there anything else now that you wish to. add?
Mr .Plummer: When Father moves it I'll second it.
Ms. Spillman: Can I'. make a.' response to that, please?
Mayor Ferre: Sure you can make a.response.
ist
N 2 41980
Ms. Spillman: You know, I have to point: out. something. You just heard
from Allapattah that said they were the, lowest per capita and theyre.
right. You're hearing from Coconut Grove, they are the highest. Every.
community has needs. What I'm telling you is,that there are funds -
available. We have extra funds. We acquired what we were supposed
acquire in Coconut Grove and we have money left over which we can
accomplish the purpose that they are asking for. In my mind, are we.
concerned about how the job gets done, or about how much money somebody:.
gets. I think that is the issue.. The:, job is going to get done."':'It's,
a question of what year the funds come from.
Mayor Ferre: All right. Anything else on that? Ms.` Brown, would you..
know...I'm just recognizing the chairperson. If “et that out ofiny
hand, we'll be here until ten` o'clock tonight.
Mrs. Brown: Thank
you very much for listening.;
Mayor Ferre: All right. The next speaker will be the:Culmer -area and
that is Mr. Charles Cash because Bishop Johnson is ill.` Is Mx. Cash
here?
Mr. Charles Cash: Yes, right here. Honorable Mayor and Commissioners we
received the document, the_sixth year funding. Some of- our.' members
received it a day before our meeting and some.of-them received it on the
day of our meeting, theday before.
Mayor Ferre: When was your Meeting? ,
Mr.
Cash: We had a meeting on Monday.
Mayor Ferre:
This past Monday?
Mr. ;Cash: This past Monday. And .some of our members received that'
document Monday in the mail and some ofthem received them the Saturday
before this Monday. And right now, we -,don't think...the Board.. does. not
feel like they've had ample time to consider the.: document. to give. a.
true picture on it before theComnission. But we °will;be ready.on
the next...
Mayor Ferre: We will have one more public meeting, Mr. Cash. And
will recognize you at that time. I would hope that your committee, would
deliberate and be prepared to... .'
Mr. Cash: Okay.
Ms. Spillman Mayor
Ferre, I have to clarify that.
Mayor Ferre That's all
Ms. Spillman: If you look on the memo that we've passed out. from
Cathy Leff to myself, the six year plan was presented to the Overtown
community on several occassions starting in October... throughout October,
thoughout November, throughout December. We have had a special;, workshop
with the Overtown community. We have discussed this plan before. We
had a special workshop for all the target areas charimen and they, had
a representative there who picked up the recommendations. So I'm .just.
telling you that that's not accurate.
Mayor FerreThe record will reflect that unless you want tochallengeit
Mr. Cash: Well Mayor, I want to clarify that too. Theactual breakdown
of this document didn't come to us until about two daysbefore that
meeting. The actual breakdown on it. We have had meetings on it but
we haven't had the actual
breakdown until at that time.
Mayor Ferre: Dena, I, think you're made :your point, he's made his point.
It's semantics. The factis that all these subjects were discussed,
tr ^ :'980
Mayor Ferre (continued): you've put that into the record. He accepts
that. But he says this particular piece of paper...well, they had the
the previous piece of paper which basically said something similar..
Okay. They will address this in February.
THEREUPON, the Chair TEMPORARILY ADJOURNED THE
PUBLIC HEARING PORTION OF THE AGENDA, AND
PROCEEDED TO TAKE UP ITEMS BELONGING TO THE
REGULAR PORTION OF THE AGENDA
14. PERSONAL APPEARANCE: GRACE ROCKAFELLAR IN CONNECTION WITH
POSSIBLE REVOCATION OF LICENSES OF CERTAIN
FACILITIES
Mrs. Grace Rockafellar: I'm Grace Rockafellar, 814 N.E. 71st Street.
Mr. Mayor, and members of the Commission, we really have a problem
in our community. We have the Alhoa Retirement Home at 7501 Biscayne
Boulevard. Now, this was by the same owners who was formally run as
a motel and was about to be closed down by the State Commission. They
had a hearing coming up set for it, for prostitution and child
pornography. So they went into the retirement home. Now, the rnly
open space this place has is in the backyard, a swimming pool, and that
is off limits for the fact that they might drown. This place has taken
in many many elderly people. Some of them from mental institutions
many of them in their seventy's and eighty's. There has been many
deaths, and many accidents occurring because,. the only open space they
have is Biscayne Boulevard. There have been three deaths there where
they step off the curb. And you know what the traffic is on Biscayne
Boulevard all during the daylight time. It's bumper to bumper. These
people step off the curb not knowing what they are doing. And ifyou
were driving down the highway and hit one of them you'd have to live with.
that the rest of your life even though it was not your fault. Furthermore,
these people complain that they are not being well fed. Now they do
get money from HRS. They also, those that can, have to pay three
hundred dollars a month. In addition to that, when they check in they
must sign over their social security checks to them. The owners, .the
Feldman brothers take this. Now I had an office on Biscayne Boulevard
during the months of September, and October, and the first week in
November. We were onthe first floor in the front and we had quite
a group of people in their and they were inthere begging for food. And
the merchants have called me. These people come around, they look
very gaunt, they are begging for food. They are not fed. The manager
of the Ranch House across the street at 73rd Street they are in there
begging and then they go to their garbage cans. And we have many
merchants here that wanted to testify earlier but had to leave. How
they beg for food and they go through the garbage cans. We have talked:.
to HRS about this numerous times and we just bet brushed off. Now for
the sake of these poor people living there, what we are asking this
Commission, since HRS will take no steps. We've asked them numerous
times. We've even sent them a printouton theaccidents that have.
taken place, that ernanated from .that place where if they step out
they are either maimed for the rest of their life or they are killed.°
If there is any way the City Commission can revoke their occupational
license on this place.
mayor Ferre: All right. The question then is to both the Law Departhent
and to the City Manager's Office, .is there a way of studying the' possibilities of revokation of license if the...and just to be on the;
safe legal side, if the alleged violations are certain.
1
87
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JAN 241980
Mr. Knox: We'd have to study the ground upon which the license
could be revoked. We do have provisions for revoking' licenses. We'll
just examine allegations and determine; whether or not proceedings should
be initiated` to revoke the license.
Mayor Ferre: Mr. Grimmor Mr. Fosmoen, would you have the policemen
do what I thought he was supposed to be doing back there. Can't'we
get a policeman?
Mr. Fosmoen: There are several.
Mayor Ferre: Can't they do their thing. You know, in Miami Beach
they keep that place as quiet as they can be. All right., Did you get
the answer there?
Mrs. Rockafellar: Yes. Our only concern is for
people. One man was here today and he was going
that he has picked up three of them lying in the
lying in the street from malnutrition and called
those poor elde:.ly
to testify to tna `act.
street. Just
the police and found
out that they lived at this retirement place,
Mayor Ferre: Well how quickly can we do all of this?
Mr. Knox: The only thing the Law Department needs is a request for
revocation. They have a due process opportunities. And as quickly
as we present the allegations to them, they respond, we can schedule
a hearing before this Commission.
Mayor Ferre: Okay. So if we canhave them here by next meeting?`
Mr. Fosmoen: We'll move as fast as we can on it, Mr. Mayor.
Mayor Ferre:
Okay, Grace?
Mrs. Rockefeller: Okay. Thank you very much.
Mayor Ferre
Anything else?
Mrs. Rockefeller: No that was it.
Mayor Ferre: Now,
we'll continue with the public hearing.
WHEREUPON THE CITY COMMISSION PROCEEDED
TO HEAR THE REMAINING PORTION OF THE
PUBLIC HEARING
15. •CONTINUATION OF PUBLIC HEARING IN CONNECTION WITH THE 6TH
YEAR COMMUNITY DEVELOPMENT PROGRAM
Mayor Ferre: The next speaker will be Betty Graham of the Little
River area. Mrs. Graham. Either one.
Mrs. Betty Graham: Mr. Mayor and Commissioners, I am Betty Graham
Chairperson for the Edison Little River Community Development Citizens
Participation Advisory Board. What I'd like to call attention to
the Commission, if you would pleaselook in your, Community Development
notebook and turn to Community Development Project Recommendations
for the 6th Year. Inasmuch as I ave eight minutes to speak, I want
to be very brief with my present ion because I believe that if you
will look on page seventy-five,`•t ere will be presentations from the
Edision Buena -Vista LDC, and the Little River Commerce Association. Okay?
138
ist
JAN 2 41980.
Mrs, Graham (continued): First of all,I want to say that staff has
been very cooperative with us. However, they have made meetings available
that were very inconvenient for us. They have called meetings when it'`
was not quite conducive for the chairperson. I didspeak with some one:
in charge of that and they did assure me that in the future they would:
try to change. However, they've always said that their changeswere
due to things that had to be presented before the Commission. For the
total advisory board, I'd like for you to look to see the things -that
the board did recommend. And if you will note, on page seventy-one,
the board did agree with staff in its recommendationfor funding for...
Mayor Ferre:
Mrs. Graham:
Mayor
Wait a minute. My page seventy-one is just a
Well. this is what my seventy-one looks like.
Ferre: My -seventy-one says this.
Mrs. Graham: Well perhaps it is another one of 'these typographical
.
errors. Look tothe other page and see if that's it. .',Turn the page oyes.
Oh, you have your map. And what does your page number say?
Mayor Ferre: It says seventy-three.
Mrs. Graham: Well my first page is seventy-one. Would you like'
Mayor. Ferre: Okay. No, no. I'm sure .they -are the same. It: starts`'
with Buena Vista NSA and it has sjxhundredthousand dollars at .the,;
other end. Is that right? •
Mrs. Graham: Yes.
Mayor Ferre: Okay,
o see?
Mrs. Graham: Okay. First of all, the board wanted to know what an.
NSA area was. And of course, staff said to us that it was a
strategy area and that they were dealing with a three year plan. In
dealing with the three year plan the board felt that these projects
were already on -going` before the. . .before this board came about. And
therefore, the board agreed that all the projects that were started,
that they should remain" intact as they were prior to this boards
inception. So we want the record to showthat what you see here on
your page seventy-three and our page seventy-one. is that the board did
fully recommend that this project, as it stands here, would be funded
during sixth year. Okay. Could ',.you `please turn over to page,
my seventy-four and I don't know what it is on yours.
Mayor Ferre: Sam
Mrs. Graham Okay. I also want to call to the attention of the Commission
that the Board recommended_, this project also and staff concurred.
However, the dissention`is on page. seventy-five. I'd ].ike for you to
please'. observe that we have two economic projects that are being submitted
before the board. One is the`Littie River, Commerce Association. A
project that was started by the County and funded by the County. The
staff had us to appear before the County Commission and request that the
County continue to fund their projects that were already started before
the inception of this board. We did this, and we were told by the
Community Development person for the County that the projects would be
funded. I want you to see what the "board did recommend for that
particular project. We have now.the Edison Buena Vista LDC. And let
me point out right here that the LDC is apart of the strategy area
from Buena Vista. And when theadvisory board was founded staff informed
us that they were sort of an ad -hoc committee to the advisory board.
And out of my minutes Mr. Louis :Sample ,will speak to the Commission about
his LDC... ,: •
Mayor Ferre: Can't do; that now. I'll: recognize him later on. But
I just want to hear from the chairpersons.' That's the rule we established
in the beginning.
THROUGH AN
INTERPRETER
i
Mrs. Graham: Okay. Well then, the chairperson states that we did not.
recommend that staff deduct fifty, thousand from its allocated funds to
start the city-wide economic development corporation." We did not
recommend that and Iwould like the record to show that. Then when can
the Edison Little River Commerce Association and Mr. Sample speak before
the Commission? Might Iknow so I: can tell them?
Mayor Ferre: Yes. As soon as the other
courtesies that you had.
Mrs. Graham:
Mayor Ferre:
They will be able to speaktoday7
they will.
Mrs. Graham Thank youvery much.
Mayor Ferre: Are there any other....anyquestions?'•All right. Ti''
next area will be Little Havana. Carlos Rodriguez-Quesada, Chairperson.`
Can we get a translator here?
Mr. Carlos.' Rodriguez Quesada: Commissioners and; Mayor, in representation
of the.Littl Havana Advisory Board, I` want tomake clear the decisions
we arrived at on January l4th. The Advisory Board of Little Havana
Community Development, Little Havana, in their .session of December ;loth, 1,)79
agreed unanimously to negative or disapprove any of the proposed plans
proposed by the City of Miami that appear on theagenda ofthe past..
November 19th, 1979. We do not recommend approval, of this proposed
plans" because, we did not have enough time to review these plans and also,:
because of this, we are not...it`;is not possible for to recommend`
or represent the residents of Little'Havana...the residents and neighbors
of the Little Havana area. '>We:recommend that all the recommendation
presented before you in the agenda of November I9th, and the agenda
of, December the loth not be considered until the board is given all the
instruments and the things that they are requesting to study the same.."
That in the case that we do not reach an understanding of all these
factors and we do not reach a cooperation in all the factors so we can
recommend.and approve and later ratify and >implement 'all the projects
that are most beneficious to the interest of the Little Havana, `and -also
allowing this board the satisfaction of having metwith their duties,
to those that elected them...In the case of an understanding not being
reached, the board will go to any legal counsel, including going to
court .with, the intention that the different implementation fields
and the different functions of everyone and of the official body that appears
in the.. that are involved in the:_ community development and especially
to clarify the responsibilities of all the organizations and private
persons in one way or another...which have been functioning one way...
with responsibilities one way or another, that the law has not given
them, has not authorized them to do and that the law could either
prohibit it or allow them to do. And so much as the President of the
Little Havana Board, Mr. Carlos Quesada, and Dr. Reinaldo Lopen Perdomo,
that also belongs to this board, they requested a meeting with the...
Joseph Grassie, the Manager, of the City of Miami, to discuss the
different agreements that they had agreed on during the session of
December 10th,' 1979 and having not received from Mr. Grassie the promised
answer that was supposed to be given to the board December 18th, this
board resolves to do the following. After studying or reviewing
each and every one of the proposed plans for the six years of Community
development forthe different projects in the Little Havana area and also
the update of the...the planning update from the first to the fifth
year of community development and because the board has not received
to this date an official response from the City of Miami to their
request for adequate personnel and means to carry on their activities,
the board does not agree with thp.six year plan and they retire their
support. i
Mayor Ferrel All right, than you very much. I'd like to make 'a
statement at this time. What we have.here.is a perfect example -of
government by threat, by crisis, by anarchy, and I think this is a
perfect example of how things can
can -go the community. For five
years straight, without one exception, the Little Havana Community area
worked in perfect harmony with people discussing, with people disagreeing,
but with people coming to .civilized conclusions. Over a five year
period.,..Commissioner Carollo,I.was just saying that over a five
year period, not once, was the Little Havana Community Development:
area disrupted. There were disagreements, they met, they worked out
their disagreements in a civilized manner, and theycame here and
they represented their positions, many times changing the City Commission's
positions. During this time, they did not have an executive secretary;
offices, or anything of the sort. Now we have a group who is demanding,
not asking, demanding from the City of Miami that they be,empowered`to
establish a little kingdom with fifes, and that we give themoffice
space, secretaries. I don't see that the people of Allapattah of .are
demanding that. I don't see that the people of Coconut Grove are ••Handing
that, or of Little River, or any other.,.Allapattah, Culmer, or the
other groups. They meet, they spend hours and hours discussing things,
meeting after meeting, they come to conclusions with their disagreements;
they bring their greivances before this body, and we deliberate and
we come to a conclusion. Now these people; have refused, refused to listen
to anybody talk. They won't let anybody talk at their meetings, they
absolutely refuse to listen any;imput from•anybody that they don't want
to control And I want to say that this is the United States of America,
and this is a democracy and people have aright to express their opinion.
And I want to in the strongest terms say, that I for one, am not willing
to accept the arrogance and the arbitrary :nature :of this board who has
not let the open process be exhibited, the openness that is paramount in
importance.to this democracy, people who refuse to listen, who even
refuse to listen to others, who -refuse to,permit others to have their
say in court. Nobody can speak. Only those that they want to speak.
And frankly, I want to say to you ladies and gentlemen, •that are not
like I am, Hispanic, that'. this is not representative, this is not our
'tradition,` this is not our way. And I for one, am very proud of my
heritage, and I am very concerned that there be misunderstanding amongst
peoplewho do not come from our heritage, that this is not the modus
operandi. This is not the`modus operandi. We are democratic people
who believe .in the open public process. I would therefore, after this
proceeding -'is over, I, will be passing out a resolution which in title
reads as.follows;and'I'm not going to make it at this point, I just
want to say that I will be making this motion in the future. "A resolution
abolishing the elected Little Havana Community Development Advisory Board,
and creating an appointed advisory board in the Little Havana Target Area,
.as part of. the Community Development Block Grant Program, to be known
as the Little. Havana Community Development Advisory Board whose members
shall be appointed by the City Commission, and shall consist of representatives
of, Little Havana Target Area Organization, serving the Little Havana
Target. area in lieu of the elected fifteen member advisory board." I am
going to request that Commissioners Carollo and Lacasa serve as a
two person committee, that they meet with the Latin American Chamber of
Commerce, with the International Chamber of Commerce, with the Institute
of Salesmen, with the:Brigade members and with whatever other legal
and established 'organizations they consider to be representative of the community
a whole, and to...from those sources recommend to this Commission, a
committee that would...that would function as a committee in Little Havana
that at least would extend the courtesy of listening to others talk and
proceed in 'a democratic fashion which is our tradition. (APPLAUSE)
Mr..Lacasa:'_ I want to make a statement.
Mayor Ferre: I recognize Commissioner Lacasa.
Mr. Lacasa: During five years,It Was;; the Chairman of; the Little Havana
Community Development Target Are} During th�se five years, I,; had
tremendous disagrements with this City Commission, with`the City staff,
►,
a-
and also with County staff and Commission. During all thoseyears, we.
always came to an agreement through organized democratic, civilized
discussions. That is the system here. We have been welcomed by this
community and we in Little Havana have a duty. And that duty is to
work together with the rest of this great community according to the
principles that orient this democracy. There is no room for, using any.
office, whether elected or appointed, to deny anyone being the public,
or being officials of any municipal. government or otherwise, the right
to speak. And I am just very sorry to see that the five years of work.
that 1, as the Chairman of that area, put in Little Havana, which
incidently came always very very well from the process of funding of
both county and city, has come to this stage.'., So,;I comxnend Mayor Ferre
for his firm stand in this matter which`I endorse fully. (APPLAUSE). '
Mayor Ferre: Any other member of this Commission at this time?
Mr. Carollo: Mr. Mayor, "I just want to add that as a member of the
Cuban community of this City, I fully sympathize with what you stated
here along with Commissioner Lacasa. We have to act in a civilized manner
no matter from what group, whether ethnic, whatever group you belong'to.
I think that this advisory board has crossed a gray area that definitely
should not have been crossed. And that is to have refused to sitdown
and talk like civilized people with the officials, the representatives of
this City. The other areas that I could only be ashamed of, the way
that this advisory board has acted is,.the way ,that they have closed the
doors to the participation of other members of the Little Havana
community. All that I could say is that it is about time that we close
this book and start anew with some fresh blood,, some blood that is going
to do justice and deal with the communityin afair and open minded way.
And I strongly support. the Mayor in this.
Mayor Ferre: Thank you.
to respond to...
All right, now would like...if you would like
Mr. Rodriguea Quesada(THROUGH AN INTERPRETER): Mr. Mayor, you talked
about that during the lastfive years of. community development, the
advisory board in Little Havana never had these kinds of problems.
The mandate during those last five years was unipersonal...individual.
There weren't fifteen voting members"of,the board. The citizen
participation guidelines request from us: that we form Task Forces to work
on the different areas and study and review each different program to;.
be able to make adequate recommendations. We don't want to discuss the
previous administration, not even'to judge in in one way or another. We
are talking about this administration. This board is formed by fifteen
members and we have ten different;' working„groups. Since we do not
have a local for this working groups to work in, we do not have the
adequate personnel, we cannot review the programs and we cannot make
adequate recommendations. Since the first-day that the board was
elected...formed, we came to;you,:Mr.:Mayor:and to the Manager of the
City of Miami with this same request so as not to wait for the last
minute to be in this situation. We have a lot of ideas and we can
make..sit down and discuas:Withymilatjength all kinds of projects for
the area. But we believe that we don't have the adequate help to do
this intelligently and come in here and give you a recommendation.
(LAST PORTION OF SPANISH STATEMENT•NOT TRANSLATED BY THE ASSIGNED
TRANSLATOR).
Mayor Ferre:
because I don
English.
MAYOR FERRE'S
Mr. Rodriquez
Ladies and
't thing Mr
STATEMENTS
(STATMEN
Mayor Ferre: All right, at this tine we will have the next speaker
will be Mr. George Adams of the Model City.
Quesada
gentlemen, .Iam going to answer in Spanish
. Rodriguez Quesada understood what I said in
TO MR. .RODRIGUEZ-QUESADA NOT TRANSLATED)
S NOT TRANSLATED INTO THE PUBLIC RECORD).
which
Mr. George Adams: Good evening. The last time we were here, the ..
Commission directed the Community Development Advisory "Board and the
Community Development staff to have a meeting to see if we could come
to, grips on the six year plan. Our paramount concern has to do with
the Model Cities economic development agency. We recommended that
Martin Luther King Neighborhood Association be identified as that
agency, and they be funded with three hundred and fifty thousand
dollars. We, did not ask for any additional funds we just requested that
some of the funds be re programmed that were already allocated from the
fourth and fifth year. We had that meeting on the 16th of January, 1980
at Allapattah Junior High. At that time, we really couldn't come to
gripes with anything. The City staff felt like fifty thousand dollars
would be adequate to fund this agency. It's no way that this agency
could be productive with only fifty thousand dollars. The community
and this board voted at that time thatfifty thousand dollars wa=
totally unacceptable. Like I said before,.; we came here humbly asr.ing
for your help to give us some relief. And the reason that we asked
forthathelp is because we are not getting input from City staff. And
with a community based organization we cap accomplish what we set out
to do. At that time, it was the desire of the community and this board
that if we couldn't get any relief that we would seek and injunction
to stop the community development revenue to the City of Miami. Hopefully,:
we won't have to undertake that task because we feel as if the
Commission is sensitive to our problem' and that they will do what is
right for Model Cities community.
Mayor Ferre: All right. Any questions of Mr. Adams? All right.
If not, that you very much Mr. Adams. We'llnow hear from Mr. Emilio
Lopez, the chairperson of the Wynwood CD. Mr. Lopez.
Mr. Plummer:` Mr. Lopez is not h ere so I guess they don't want anything.
(LAUGHTER)
Mr. Emilio Lopez:You better believe I'm here. My name is Emilio
Lopez. I'm the chairman of Community Development for the Wynwood area.
First of all, I have to compliment the Mayor. In his speech, we have..
disagreed with inany things, even politically and otherwise, and I...
at this particular time you know, I haven't even had a chance to call
him and congratulate him and Armando Lacasa for their triumph in thee.
election. But I have other things I would like to bring to your
attention. Sometimes,. after I've been here for five years involved
in community development I think it is kind of an exercise in
futility and we get frustrated. But we come over here and discuss
these things. I have a few things that I want to discuss with you
today. The first thing is,'in the Wynwood area we are getting some
renovations on some buildingand some stuff andwe arenot complaining
about that. We are complaining,; if we look at the, formula, you we're
talking before in that phase that you gave us, you were talking about
fifty year and sixth year. But if you look at money spent in all the
areas, `'I would like to have more balance on that. Because if we
look at the.total figures and we look at Little Havana, nine million
dollars; Overtown five million dollars and other ones, and then we,
lookat the Wynwood area. We had the lowest area in the whole...you
know, the ones that receive the least. But there are other problems
that we are encountering right now. We have three or four projects
that we recommended to the staff of the City of Miami. When we did
that, we had presentations from all the projects that were going to
be affected. And we recommended to the City of Miami to pick up some
of those projects. The excuse that we have been given is that the
City.. of Miami is receiving eleven million dollars and they don't have
money to continue those projects and some of those projects were
established by Dade County. We.went to the Dade County Commissioners
and they told us that they were going to talk to you and they were
going to have a meeting because they received thirteen million dollars.
And also told us that they dori't have money to continue the projects.
We would like to know where the buck stops. Is your staff to make
policy. or is it you or the County Commissioners who make policy to be
JAN2419
ist, :.
Mr Lopez (continued): able to continue these projects. I have in
here today with me, and I'mgoing to call them to stand up,' the Elderly
Program that are going to be affected. You will see them over there.
They are the ones that are going to be affected, their program is
;going to be affected. Then we have over here a youth; project. As you
see, we have people from all races, Haitian, Black, Hispanic, Puerto
Ricans, all people. Then we have a youth project that I think they
are all the way on the top. The youth project from. Wynwood. In
Wynwood we have a problem. We have a problem in front of the Roberto
Clemente' Park that is dealing with drugs. And we cannot' exterminate
them. And they want to turn down the only project dealing with the
youthskeeping out of problems. We also have here some parents of the
elderly project...I mean of the Day Care Centerthat has been
established over there. And they also are up there. And the director
is here and they are going; to be suffering.. There are sixty children
of parents, that if they don't receive help...we have been eve'-vwhere.
If we don't receive help, there are going ..to be sixty ,parents .tiiat
will riot have a, place to take those kids. ;'There is another proje
that is very important and Mr. Israel Milton from Dade, County is here.
That; project is serving....it isa pilot: project and`', it.is"only :'in"
Wynwood that it is working this way. We, have: a.County institution
with a private institution working together to serve people To
deal with all the problems_ of transportation in:that area. And
at this particular time again, we have the County people and the City
people not getting together to come up with an answer to solve those
problems. We are here...we are here to ask you because we went already
in front of the County`. Commissioners, and Mayor Steve Clark and the
nine coxwissioners over there said that they will meet with you at the
end of this month, whenever it was possible, because you are receiving.
thirteen million dollars....I mean, they are receiving thirteen
million dollars and you are receiving eleven million dollars, and .here
we are in one of the poorest areas in the County. As I'' proved to you,
the one who received the least, and you can check it, the one who
received the least and they are going to cut the only programs that
we have. =Those projects, if I remember, under the community development
guidelines states that if there aresome projects that are going to
serve the area and they are going to be, in the buildings or an NSA
area, you have the.option..and that's why we got those programs
before, you have the option to assign--"X" number of dollars, it could
be seven percent, ten percent, :°it's up to you, to be able to continue
these projects. Therefore, what I'm asking from you, recommending from
you is that before you approve thisplan, you meet with the County
Commissioners like they promised us, and if they are willing to do so,
to deal with this problem that I presented. Because it is like a
ping-pong ball' like.I -said. If I go to your staff they tell me that
they don't have any money. If:I go to the staff of the County Commissioners
they tell me they don't have any money. But the buck stops with you.
And we're asking you, study those problems and come to an accord.
I don't know...you know, I have recommendations that I can deal with
your staff later on. I don't want to take more time...but that you
will have come to an accord for those programs that are going to be
affecting our community. Especially in the area of social services.
And another thing before I finish. I,hear that you are having an
economic development task force or monies that could be assigned to
that. I think, again. we were excluded on that. We discussed that
in the last meeting, we.had enough information. And we would like to
be on record that the Wynwood Community Area and the task force in
which some of the people that are here...I'm not the only one of the
boards that are present, there are many others over here. That we want
us included in that economic development for the Wynwood area.
Mr. Lacasa: Thank you very much Mr. Lopez. Dena, do you want to say
something` about this? No. Any question from the members of the
Commission?
JAN 2419
ist
Mr. Plummer: Yes, Mr. Lopez, you made a beautiful speech and I'm sure that
every word you said was true. Now, I'd like for you to speak to the subject.
in hand. I didn't hear one word about the programs that are here in this
booklet. According to what I read, now unless I'm wrong your C.D. group
agreed with staff on almost every project.
Mr. Lopez: No, sir.
Mr. Plummer: Are you reading from,a different book'than nryself?
Mr. Lopez: No, they didn't recommend any of the projects except for the
senior citizen program, they agreed on that but they arenot recommending
any funds for the 6th year of any of the Wynwood Crime Prevention Program,
the Holy Cross Day Care and the Wynwood Interagency „Program.
Mr. Plummer: But all the rest of them you agree with?
Mr, Lopez: Other stuff yes, but we're talking at:this particular time,,:you
know about the projects that are dealing with social services, that ^"e have
gone to every agency in this community trying to keep them up and we h•ve
the same answers. But you have the power, you have the power:,through -o.n-
munity Development, through the option clause to maintain those projects.
The problem that I'm having is that your staff is telling me,that'there
no money and the County Commission staff is telling me there'is:no money
but there is $24,000,000.
Mr. Plummer: Mr. Lopez, the question remains. in a matter of priority.
Mr. Lopez: We, prioritized, we did.
Mx. Plummer: :Are you willing to give on some of these other programs to meet
the needs of what you say are very pressing' programs?
Mr. Lopez: I think I could go back to the task force, if that is a pressing,
question I can go back to the task force, have a meeting with them and I
will have an answer for you on February 3rd when you meet. But, Mr. Commis
sioner, the important issue is again we need for you to' meet with the County
Commission because this is the thing, you have,to,`set.up policses .
Mayor Ferre: I want to answer that because I think you brought out a very
important point. Mr. Grassie'and Dena, I want you to listen to this because
this will very much affect both of you. Metro Mayor Steve Clark: ade a motion
at the last Commission Meeting that this Commission and.their'Commission "'
have a joint meeting. I have been requested by Sergio Pereira who works. for
the County Manager that rather than o'have a full fledged ,meeting that we
have two members of this Commission and two members : of , ', and ;';that :we 'appoint
two members of this Commission to meet' with two members of the County
JAN 2 4 1980
Commission. What the County is doing to us is they're saying they will not
fund some of the social programs. Are you available to work on this?
Mr. Lopez: Come on, Reverend.
Mr. Plummer: Hey, Maurice, I'll work on any commit'. e, you know that.
Mayor Ferre: Well, are you willing to do this?
burden you if you're not.
Mr. Plummer.: I'll be happy to. I haven't backed off from a good fight yet.'
Mayor Ferre: I will appoint Commissioner Plummer and Commissioner Carollo
to serve on a liaison committee and Mr. Manager, if you or someone on your
staff would serve with the County counterpart and perhaps the six of you
have a meeting would you make sure since it is public bus:..'ess and since
there are more eha:l one member of the Commission meeti.lg that you notify
the press so that they can be present: and properly post it so that those
people who wish to be present. at that joint meeting will be able to listen
if not participate? I would hope that would be a working session r.d not
one for i.lp..;' feom members of the public but rather the members of t s
Commission aed tha County Corrnise:ion in discussion: Okay?
Because I don't want to
Rev. Gibson: Mayor, I would hope whale you're taking up the proposi•
-
tion that you took up with the Mayor of Metropolitan Dade County, Ms. Spill-
man, as rough as you though I was about the Coconut Grove problem I'm going
to help e eewa Part of the buagetar;;' item, Mr. Mayor, that was dealt
with in. t.,e i.(:c: ut Grove package was made difficult because Metropolitan
Davie Coun:..• turned over, forced over a program that they started and gave
it to us and told us to pick it un. By the way, you asked me about Israel
Milton, t,iere he is. Stand ur', my brother so that the Mayor will know.
That's the guy. He asked me tor you and I :', u.ist. thought I had better do
that }:,eoaue there's a social service program that the Coconut Grove people
are as'::t.':e and literally demanding that yoo take anc. that Metropolitan Dade
County did it and all they did as they brought these people together and
said hey, we're going to have this and you go to the City of Miami and you
let them take it up. I just thought you'd better put that in the hopper
too..
Mr. Lopez: Yes, but Reverend, we are facing a problem and the thing is
that you know I work in cooperation with your staff and I'rn on many other
projects. But the problem is when it comes to making the final policy of
what is coin; to happen to programs like this the buck stops with. you and
we would like to know from you what is your mandate.
Rev. Gibson: Let me tell you where I am. I get sick and tired of Metro-
politan Dade County starting things and backing out when they get ready
and then leaving it to us. Now the program was started by them, the one
in the Grove: and 'I think that they held up hopes, high ideals to these
people and what nobody is saying, and Mr. Mayor, just allow me to do this.
I want the people in the Grove to understand that they pay County taxes
too.
Mr. Lopez: That's right, sir, agreed.
Rev. Gibson: I want them to understand that and I don't want everybody to
be dumping all the problems on the City of Miami, that is for me`to'.handle
because our -.got is not as big as their pot. I want everybody to understand
that I understand. that.
Mr. Lopez: What is the answer?
Mr. Plummer: In about two weeks I'll probably shoot you. ;
Mayor Ferre: No, I think it is the other way around. Ladies and gentlemen,
we've heard from all the chairpersons and now I'm going to open up the meet
ing to those who are not chairpersons. How many of you wish to be heard
other than Pat Keller? Fourteen. All right, does anybody need to speak more
than three minutes? Pat Keller., how many minutes do you need to speak?
Mrs. Keller: About 10.
Mayor Ferre: Five minutes. Does anybody else need..'... Five minutes....
I'll tell you what, we'll make these things between three to five minutes.
Thereupon the City Commission took a short recess.
n6
Mayor Ferre: The first speaker will be Pat Keller. Dena, while we wait,
is there anything you want to add to the record now? Do you have any comments?
The second and last and concluding meeting will be on the 12th of February?
All right. Would somebody in the administration advise the three missing mem-
bers of the Commission that 15 minutes have gone b? Mr. Plummer?
Mr. Plummer: Y - E - S.
Mayor Ferre: Father Gibson? Mr. Lacasa? Mr. Carollo? All right, we have.'
a quorum. You can begin your statement, Mrs. Keller.
Mrs. Patricia Keller: Good afternoon, I'm Patricia Keller, the President;of
the Allapattah Community Association. This presentation will be submitted
to you in letter form and I would like to have to attached to the CD appli-
cation as per Community Development by-laws. The CD allocation for Allapattah
as I see it is so small as to he an insult to our communty. As I see it
those who run the City of Miami are doing the worst possible jc.b of allocat-
ing CD moneys and in running CD in general. The people have no voice. We
were told last year by Maurice Ferre that we would have a glorious new system
of running CD and we were asked if we would prefer the board systen or the
chairperson system and no mention was made of the fact that in the Yt ' those
present at CD meetings had a sort of a vote, under this glorious new system
people present have no vote whatsoever. At the CD meetings in Allapattah
parliamentary procedures are not followed, the chair person initiates motions,
expresses his point of view and so forth. Recently we had a discussion on a
proposal for a corporation set up by the City of Miami to advise business
people. I an,:. others were not allowed to express our point of view, never-
theless 7 scrambled my way to the microphone and expressed my point of view
anyway and I was told by Mr. Casanova representing the City of Miami that I
would have to leave the room if I continued this type of behavior. This is
the democratic process that Mr. Maurice Ferre was talking about. Others who
objected to the railroading through of this matter were soon shut up and
told it was much too late yet the meetings were started at least one hour. late
while a social hour goes on. Quite frankly, my time is much too valuable to
sit there for a social, hour and I'd like to see you start the City Commission
Meeting one hour late and I'm sure the audience wouldn't like it at all.
Miami's own Community Development By-laws are being ignored. I understand
the chairperson of Allapattah is the chairperson of two boards. Were you
aware of that, Mr. Ferre?
Mayor Ferre: No.
Mrs. Keller: The complaints were made andnothing was done about it despite
the fact this is in opposition to City of Miami CD bylaws. Minorities are
not being served in Allapattah, all the money is going to the Latin area of
Allapattah and the black and white Americanminority is being ignored.
This is not to put down the Latin in Allapattah, we welcome him and we wel-
come the business that he has brought to Allapattah but we are well aware
that the minority which is the black and white American is completely being
ignored yet CD is supposed to address itself to minorities. We submitted
a petition signed with many many names for the rebuilding of a street and
sidewalk leading to Site 16, the housing project, if you recall there was
a killing there last year, the killing of two people. And this was ignored.
East of 17th Avenue there are more housing projects housing mostly black,
and white Americans and they have a desperate need for open space. There,
is no open space from 20th Street on the east side of l7th Avenue to 36th
Street and as I say theirneeds are being. ignored. The heart of the bus
iness community at N.W. 17th Avenue and 36th Street looks like Hiroshima:`
after the A-bomb. I say to you that any community that looks like that there
is something seriously wrong. It's probably something seriously wrong in.
our community and you'll have to forgive me but I'mgoing to put the blame
also right at your feet too, there is something seriously wrong with a City
Commission that has ''a business district that looks like that. The CD money
is put where the political power is - N.W. 28th Street is simply gorgeous.
N.W. 23rd Street is also gorgeous, rich with CD moneys and as I say our bus-
iness community looks like Hiroshima. The Miami City Commission is not us-
ing the CD money wisely. They rebuilt N.W.23rd Street, as I say, to create
a buffer zone between the residential and the commercial areas, they then
proceeded to rezone the north side of the street from residential to com-
mercial. ` According to the courts the only real ' reason for the rezoning, and
I'm quoting, was that Northwestern Meats wanted to use N.W. 23rd street for
commercial purposes and the majority of the Commission wanted to grant them
that right - I'm ashamed. Now the NR.... (interrupted by Mayor Ferre) is
being enlarged--- I have one more sentence, if I may. Now our NRA area
is being enlarged to encompass 23rd Street - how amazing. I repeat the City
J AN 2 41980
doing the worst
possible job with
Ferre: The next speaker is Bessie Marcus.
Mrs. Bessie Marcus: My name is Bessie Marcus I live at 1452 N.W. 15th
Avenue and I want to speak to this proposal to set up a non-profit develop-
ment corporation funded with $200,000 taken from the $11,000,000 which is
allocated to next year's CD. Now we heard the complaints about the meager
sums that are being allocated and to take out a sum like this for this
organization is rather foolish since we have a small business administra-
tion funded by the government and under the jurisdiction of this adminis-
tration there's the score which is a service to help businessmen. It's
retired executives with expertise in many business areas who are willing
and want to help the small businessman. Why do we need tt-is:'when we
have a federally funded organization ready to do the job? This really
sounds like a grab bag, a little bureaucratic grab bag and I think we do
not need it since we have our own federally funded Small Business Adminis-
tration with an organization under its jurisdiction which would very will
ingly, I called them up and asked them, they said they would very willing-
ly help any businessman without a fee.
Mayor Ferre: Thank you very much. Next speaker.
Mr. Plummer: I'd like to ask this lady a question.
you talked to them, SBA?
Mrs. Marcus: (INAUDIBLE)
Mr. Plummer: Well, I would strongly recommend to .you thatyou call back
and you will find that they have no money.
Mrs. Marcus: (INAUDIBLE :not 'using,microphone).'
Mayor Ferre: All right, the next speaker is Frankie
Ms. Frankie Rolle: I'm Frankie Rolle from Coconut Grove CAA/CD. I would
like to emphasize to the Commission the importance of our ,Crime Prevention
Program to our community. We hope that you will reprogram our $100,000 so
that we may he able to support our two social service programs. We believe,,
that building character is just as important as building roads and buildings.
We believe this because we believe:that if you don't have good people then
the roads and buildings won't be any, good either. We believe in prevention
rather than cure. We need to continue. to work hard in this area in,Coconut
Grove Crime Prevention, you know we need to work hard. May'I assure you
that if you give us the $100,-000 or $500.;000 inra proposed budget'we will
spend every penny of it and the next`time we'll see that every penny of it
is spent.
Mayor Ferre: Okay, the next will be Carolyn Wilder of the Wynwood Elderly.
Mrs. Carolyn Wilder: Mr. Mayor and members of the Commission, I've been here
before and I think you kind of all know that the first love and one of the
hats that I wear is the Wynwood'Elderly Program. The people that you saw
here this afternoon are the elderly citizens who believe in Miami and the
people that you saw here in the elderly citizens are also the people who Sup-
port CD. If you come to our CD meetings you are going to find that many of
the elderly are there and they're out and they're more than glad and 'more.
than willing to support us and these are the people that we give the quality
of life and the dignity of life style and we'd like to continue. But I '
think that all of us are much aware that all the things that we buy today,
are going to escalate far above 5%. If we live to be a hundred we will '
never be able to buy next year at 5% increase what we are buying today. The
Community Development Board has awarded the Wynwood elderly an increase for
next year of. 5% and in my wildest dreams, and I don't care how good a book-
keeper. I have or how I finagle I am not going to be able to give 96 meals to
96 elderly or 96 recreational facilities or social services.or 54 transporta
tion services, picking them up and taking them and taking them to Jackson and
taking them to various clinics of urgent necessity. The Wynwood for this year,
I'm going to speak to you in two veins. We had requested, and I -believe and
it was stipulated here $94,484,,thatwas4our"6th year that we requested. We
have been allocated $84,984, and approximation of 5%, and I maintain that we
cannot live on 5% for next year. But during the course of this year there
are very many things that have befallen the Wynwood elderly. We have been
robbed six times, all of our equipment has been taken from us. Our buses
have been in serious difficulty and required tremendous maintenance. Gas has
88
JAN241980
already escalated almost 6 to 7 cents a gallon, therefore, our business main-
tenance and our gasoline costs are not going to even cover for this year.
So, therefore, we did request a possibility of $12,400 that would be our
number one priority was transportation. We are faced with another very ser-
ious problem, our staff, all of four people are working far below the scale.
We have asked for part of the $12,400, $6,000 that would level off these
incomes to within a fairly sane range so that these people could at least
support their families. The advisement that we have received, and I place
no talent on the ability of the staff, I feel that everybody is trying to
do the best job, but the staff has awarded us only $3,000 for this year.
That was only to replace our equipment. I would rather. not replace the
equipment, I would rather use it toward gas or give_it to my staff because
it is the staff that makes this program possible and the equipment
live without.
Mayor Ferre: Thank you very much. Eugene Mc Kenzie.`
Mr. Eugene Mc Kenzie: My name is Eugene Mc Kenzie. I live at 5122 N.W. 5th
Avenue, Miami. I have lived in this city from 1911, October 17 until today,
68 years and some months. I came here at the age of 15 and I'm 83, I'll be
84 my next birthday. I want to say to you Commissioners; I'm'so gla< to have
'this opportunity before I die to tell you all a piece of mind. Ever, ime
a neighborhood is changed it becomes a ghetto. Do you,; know why? No law
enforcement. Now in my neighborhood in 1965 I bought a piece of property,
for the parkway, it was so nice and decent. You couldn't park on the park-
way, you'd get a ticket. White folks was living there then. Now there's
99% black people, we have in our neighborhood for the past three years
a junk yard on both sides of the street, a truck is parked on the sidewalk
now, it's been there for about 6 weeks full of junk.
Mayor Ferre: Wait, give me the address again.
Mr. Mc Kenzie: I think it is 595 and 598 N.W. 6th"Avenue. It's right up
on the corner and this is nothing new, Mayor, this has been going on for
years.
Mayor Ferre: What's that again?
UNIDENTIFIED SPEAKER FROM AUDIENCE: The City staff has that address.
Mr. Mc Kenzie: Address! It's all over.
Mayor Ferre: Yes, but the City commission now has it.
Mr. Mc Kenzie: Yes, now sir, I want to tell you. The zoning, who is the
head of it, they are not doing their job. We have nowan automobile repair,
shop over in our neighborhood. I read in the paper the other day in the work
section a filling, station man had two tow trucks parked on his property.
The ZoningBoard made him move it. We have in our neighborhood garage repair
shops, junk shops on both sides of the street, been about 10 or 12 cars in
the street, junk piled up for years. Where are the inspectors? Where are
the zoning men? Who is responsible for that? Now who is responsible for
the zoning ordinance in the City of Miami?
Mayor Ferree
Well not the CD Committee, that's for sure.
Mr. McKenzie: Well the CD just came up but this thing has been going on
before the CD ever been in existence. .NowI want something done about that
or I'll carry the. City to court. Our neighborhood now is a junk yard. It
is worse than in 1911 when we had a horse and wagon here. I thank you.
Mayor Ferre: All right, Mr. Mc Kenzie, I thank you, sir. I hope, Mr. Grimm,
I:see you've been making notes, that perhaps we can be more responsive. Mr.
Louis Sampel of Buena Vista.
Mr. Louis Sampel: My name is Louis Sampel, I'm from the Buena Vista neighbor-
hood. I reside at 400 N.W. 48th Street. I'm a member of the Buena Vista
Neighborhood Association Commissioners, I'm glad to be here with you today,
thanks for this time. The citizen participation of the Great Neighborhoods
Programs under the direction of the City of Miami Department of Community
Development has been a failurelin the Buena Vista Neighborhood which is a
neighborhood strategy area of .the Edison Little .River Target Area. Commun-
ity Development 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 partici-
pating in the development of the neighborhood programs. Problems related
99 JAN 2 41980
t
to trash pick ups and also the abandoned cars like Mr. Mc Kenzie told
you about just now and the lack of zoning enforcement are major topics
of discussion at many neighborhood meetings. The City has been derelict
in providing services relative to these problems. Our city tax dollars
Pay . for these services and we should receive them. The Buena Vista Neigh-
-borhood Association was organized in 1978. Over 300 residents were attend-
ing the general membership meetings. Attendance has dwindled to less than
30. The reason for this decline in attendance can be attributed directly
to the Community Development senior staff. The senior staff is composed
predominantly of white Anglos who are not sensitive and responsive to the
needs of the residents in our community. 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
Community Development Block Grants the City or county must submit a written
application for that grant. We believe that we have not had the proper
input because our problems have not been addressed. The 6th Year Com-
munity'Development Project recommendations were accepted by the Buena Vista
Neighborhood Association as well as the Edison Little River Advisory Board,
however, we did not accept the City recommendations. The City's vocal
development cooperation totally being formulated, the city-wide loc�il devel-
opment cooperation currently being formulated was not recommended by -iy
of the advisory boards to our knowledge. To us it is a ploy conceived
by City staff to prevent neglected black neighborhoods from becoming self-
reliant and less dependent upon City government. The Community Develop-
ment staff committed the city local wide development corporation concept
long after the Buena Vista/Edison local development corporation proposal
was recommended for funding by the advisory board. The city-wide LDC
would utilize $50,000 from each target area to provide staff and office
space. The Buena Vista/Edison LDC will not use money for staff and office
space until at which time the moneys have been leveraged. :The city-wide
LDC will ;not benefit black neighborhoods, its emphasis will be _placed on
commercial revitalization and special interest groups. Citizen partici-
'pation'under Community Development has been a failure in the Buena Vista
neighborhood. We ask that you review these. programs and.come up with
remedial action.
Mayor Ferre: All right, thank you, Mr. Sample.., all right,the'next ser-
ies of_=-speakers_are:fromLittle-River. We'll start with. Bob Koppen.,
Mr. Robert Koppen: Mr. Mayor and members of the commission,,I am Robert.
Koppen, 181 N.E. 82 Street speaking.on behalf of the:Little River Commerce
Association. We're really not here in the negative sense,;.we'renot;try
ing to tear down or criticize. We would hope -to present to you a positive
,plan of accomplishment, a continuance if you will,.; of a plan that we: have,
had on -going under the banner of the. Little River Commerce Association now
for many years and most intently for aboutthe last-21 years. At that
time, of course, we received the benefit of county funding and we did
establish a full time staff and: office that I think has shown the way: for
realcommunity development, certainly within our area. As we. understand`
the -.problems within our community they relate not only to revitalization
of the community itself of our communitybut they relate to the quality of
life, they relate to the improvement` of job opportunity. and all of these
things that I think CD is:addressed towards. We think that we have faced
up to those objectives andthat, we have met them square on. We are asking
at this time that recognition -be' given of a successful program and that the
City Commission continue the support that it has previously given and tnat
has been a tremendous assist right on down the line and we thank you pub-
licly, we thank you again today for all that you've done in the past, we're
seeking again the continued assistance and partnership that you have so
generously given us. We have enjoyed this also with the County and the
County, of course, has presented us with great financial assistance and it
has, at least in this instance, been a working partner with the City Com-
mission and the members of th community,; who by the way, have themselves
dipped deep into their pockets and done many of the programs on their 'own
without asking total public assistance in the'programs that we deem necess-
ary for our community. We don't want to be a heavy: load, we want to carry
our own weight, we need the assistance, we know we Can't do it all byour-
selves. But there are matters and; things` that we must concern outselves
with and we're addressing ourselves. to atthis time. You know, I''m sure,
that we're in the first phase of the.. beautification of N.E. 2nd Avenue
from 79th Street to 82nd Street. Thatprogram requires funding for the
completion of our N.E. 2nd Avenue. ;That stretches it from 78th Street up
to the City line which is approximately85th Street. There is no funding,
as.I see it, in this presentation here for the completion of that program.
I would like to be assured that that is within the concept of the on -going
program as envisioned by the. board and by the staff that we will not be
e98Q
100 BAN Z24
denied the other tWo phases of that approved plan of street beautification.
Mayor Ferre: Dena, are you making notes of these so that you can answer them?
All right, Mr. Koppen.
Mr. Koppen: Now getting to the meat of the presentation as well, of course,
it totals on page 75 of $1,150,000 and, of course, it is under the, heading
of the Edison Little River. A fast scanning will, of -course, teach us that
the. $1,100,000 is earmarked for Buena Vista. and the $50,009 is for, what I
address , myself to, the Little River community, the Little . RiVer Commerce
Association and that target area that we have worked for for so long. So
it is a matter now that faces us that the County has, statedthat it. willmatch city funds in the continuance of our Little River Commerce Association
on -going work. We will not have the benefit of 100% financing as possibly
was misunderstood by the chairperson inaddressing the Commission here
earlier today, we are made aware that we must seek and we are down here
seeking today the assistance of 50% of that funding so that we can continue
thework that we've established in the Commerce- level'. We have asked for a
total of $75,000 in that regard and we have asked for an additional' $50,000
as a special allocation to continue the programs that we have already got. '
going and are on the boards. We have had a successful track recorc with the
expenditures thus far allowed us in our programming. You know as a L tter of
fact that in the period .that I have -mentioned here that we have brought_ forth
into Little River at least several major concerns that relate to jobs and
Job opportunities for our people in this multi7ethnic group that' we represent.
The Lawyers' Title Services organization has, of course, brought into ,the old
bank building an employer with Possibly_ more. than ,a hundred PeoPle, now find-
ing jobs within that area. Harry Rich is a recent addition up in the old
Food Fair property and the list goes on. And to ride the streets of Little
River today and to see what has been accomplished insofar as the upgrading,
of the quality of life is concerned is the easiest thing for anyone_ who will
take the time and I ,know that each one of you at various times have been up
there, and won't dwell onthat because I know well, that you're fully cog-
nizant of what I address myself to in that regard. So in sum I m.not here
to say give anybody less I'm only here asking that you allow us to continue
in the very positive vein that we think is proper and that you can be right-
fully proud of .as we are proud to help us to help. ourselves. We're in there
with a total big commitment on our own with our own' dollar bills and We're,
asking that - government at the City level -and the -CountY' level share with
private citizens to do the job that we know has got to be done and is, in
fact, being done. It's not projection, it's fact and we want, a continuance..
Mayor Ferre: All right, thank You, Mr. Koppen. Now that took about nine
minutes and I'd be very grateful if we could speed up a little bit. Don
Bednar is the next speaker.
Mr. Don Bednar: Mr. Mayor, I'm Don Bednar, Vice -President of the Little
River Commerce association. I live at 34 N.E. 101 Street. And yes, I will
accomodate you and make this presentation as brief as I can. I do want to
compliment you and the other Commissioners who spoke on the issue regarding
Little Havana, I'm in perfect accord with that. As far as the LDC is con-
cerned I do want to express my concern just as Mr. 1(oppen just spoke about
the funds that have been discontinued from the County. We cannot continue
our programs without your assistance, the assistance through ------
Mayor Ferre: 0r the County's, please, because you know I get a little bit
tired of hearing these statements, "If you don't do this and we can't do it
without your help" but you did i;t without our help before, didn't you? You
did it with the County's help.
Mr. Bednar: You're right, Mayor, my point of making that statement was,
thiswould be probably a good thing to go into the hopper, as was said earl-
ier, along with Mr. Plummer's newly formed two man cormnittee to deal with
the City Commission in trying to work out an arrangement where those County
functions dropped can be picked up either through a joint effort or through
a reallocation of funds and this, is our main concern and my main point.
Thank you for your tirne.
Mayor Ferre. All right, thankyou, sir. Annette Eisenberg. The next one
is Lorraine Dunn. I'm not going to .get in an argument between the two of
you, believe me. •
.* •
Mrs. Annette Eisenberg: Oh, we're not that bad are we? Annette Eisenberg,
1180 N.E. 86 Street. I am very positive today because I feel ---- I'm
going to be brief and extremely positive today. First I would like to go
101 JAN 2 4 1980
on record that at a board meeting of the Little River Commerce Association
they whole heartedly endorsed the city-wide LDC. We realize that you can_..
do what we can't do immediately.: That doesn't mean that we won't come back
in a year or maybe less time and say we want our own LDC but we are going
to work along with your Office of Trade We compliment you on your concept
and - see, I, said something right. Now first of all I'd like to clearup
a misapprehension on the part of some of the people here. The $200,000 is
not coming from each of the task forces and I have to say that for some of
the people in the Buena Vista Edison Little River taskforce area.; They
are of the opinion that you are taking $50,000 of their $1,150,000 to put
in this city-wide LDC, that is not true. And the allocation that the staff..
has made of $50,000 for the Little River Commerce Association .;is;$50,000:
out of $1,100,000. And gentlemen, .Ithink that Little River deserves at'.
least $50,000. We're not Johnny-come-latelies, we have proven ourselves,
we are creating a much larger tax base for the City of Miami and we have a
successful program. I'm even proud to announce that Little River won a
national award from the work that they've ,done in redevelopment and we won
the America` the Beautiful Award. Nowif we can be'recognized "::nationally
._
we ought to be recognized by the City Commission. Thank you.
Mayor. Ferre: Annette, LDC has nothing to do with LSD does it?
Mrs. Eisenberg: Local Development Corporation, I think you ought to:clear:.
that Up,' people don't -like ABC's and....
Mayor Ferre:: I know, I was just pulling -your' leg. Lorraine' Dunn
Mr. Plummer: Would you stand up, Annette?
Mayor FerreOkay, I know you don'.t need a microphone,, but it might'be better.
JAN 2 41980
Mayor Ferre: Lauraine Dunn.
Mrs. Lauraine Dunn Glisston: Lauraine Dunn Glisston, 130 N.E. 82nd Street.
I want to add my commendation for the courageous stand that three of
you took today and I feel that that's enough said on that subject. I do
want to endorse and strengthen the statements made by my predecessors
from my community. I do feel that there is a"misunderstanding of the
set asides that are being voiced by staff. I don't think staff is making
it clear enough to the people in the Task Force areas. What they really
mean when they talk this fund, that fund, and the other fund...they've
got... they've created the problem of misunderstanding because they use
a vocabulary that the average person sitting on those Task Forces isn't
familiar with because, you say one word to one person and it means one
thing, and you use the same word to somebody else and unless you define
the direction in which you are using that word it means something totally
different. And I believe this is the... crux of a great deal of the prob-
lems and the resistence that you're getting from your CD people. I'm talk-
ing about the neighborhood people. I think it is something that is very
very important to be clarified`. on precisely how, and I think it should be
done, in writing to each and every board member. I feel that this is :-°ally
a source of many of, the problems not just from the City1 but the Count; i- guilty
also and I know that you're playing` the shell game, you have to. The wa„
that the legislation is written" in Washington guarantees that you have to, I
understand that but then I'm not new to these boards and these new people
who come on for the very. first tirne, it's going to take them a full year to
begin to understand the jargon that is being thrown at them and we need a
dictionary. Aside from the dollars which they've talked about as well as I
can, "I won 't"burn your ears any more but I did want to put something out
that "I thought would be helpfuland -I think I've done it.
Mayor Ferre: Thank you.
Little Havana.'
you can applaude now. Raul Alvarez,
Mr. Raul Alvarez: My name is Raul Alvarez, I'm the Executive Director for
Little Havana Development Authority. Even though we were on the agenda on
December lo, on January 14, we were not allowed to express our views
Mayor Ferre: Oh, you scared me. I;. was going to say I wasn't at that meeting,
that was Lacasa who was chairing that meeting, or Plummer was chairing that
one.
Mr. Alvarez: We wanted to ;tell them`and we are telling you tonight that last
April 9 and 14:-of last year the residents and the City Commission approved
the concept for" a Latin Quarter. You also approved the use of $25,000 of
C.D. funds to start a redevelopment plan which is on its way. Since then we
were -able to obtain $2,000,000 of federal funds to the area in the joint
venture with the City of Miami. We have received, we are already working on
it $2,000,000 from the Office of Economic Development for public works as the
beginning _. to prepare the infrastructure for the area. We have the oppor-
tunity and we have furnished the City Manager and their staff a letter from
the Hispanic American Coalition for Economic Revitalization - RACER - where
more than $30,000,000 have been set aside for projects like the ones we're
doing. We have the opportunity of attracting more than $3,000,000 and begin
the development of the private sector in the Latin Quarter area. We have
been working with the staff of the City and they are aware that in order to
meet the deadline of May 15 we have to prepare a number of documents in order
to be able to qualify for this over $3,000,000. The problem that we have is
that in the $2,000,000 joint venture the City of Miami provided all of the
technical assistance and all of the know how and time and secretarial work
to put the application together. At this time we have requested from the
staff of the City, and I believe we have their endorsement, that we would
like to have $75,000 of Community Development Block Grant Funds spread through-
out the year, that would be two fiscal years, to be able to prepare this.
application.in order to bring into the area another $3,000,000 that will
create a number of jobs for the area. This is the beginning of the develop-
ment of the private sector of the Latin Quarter. We feel that it is most
important to be able to meet this deadline and to secure these funds that
have been set aside for areas like ours:.We are requesting from the City Commis-
sion and having the support of the staff that those moneys are granted to
our local development corporation, Little Havana Development Authority to
continue with the work that we're doing to this time. Are there any ques-
tions?
JAN 241980
Mayor Ferre: All right, any questions? Thank you very much, Mr. Alvarez.
The next speaker is Mercedes.Campano Little Havana Office, Catholic Service
Bureau.
Ms. 'Mercedes Campano: I'm .Mercedes Cainpano from the Catholic Service Bureau,
Little Havana Outreach Office. We have an office of the Catholic Service
Bureau in the. Little Havana area that we have been functioning over there
since 1977 and the purpose was to offer to the residents of the Little Havana
area all the serviceS of the Catholic Service Bureau with all the 40 dif-
ferent programs offered to the rest of the community. Instead of the -
dents of the area having to go to our central office we have an office evf-
there and it is located in the place where the majority, it is the highest
concentration' of social needs. It is located in the beautiful building that
the City' of Miami has, in the community center and that's the place. Since''.
we opened our office our clientel has grown steadily. It is beautifully lo-
cated, it is located in the area where we have the major needs in the:com-
munity and we are now, we are faced with the problem that we don't have enough
funds to continue with the programs and we are asking for the City of Miami
the amount of $28,000 to be able to continue with that. We feel that we are
asking for the support of the programs that are already in existence such as
our's because
� if':we don't continue with these programs who is going to suffer
for that? The residents of the area. Thank you very much for your attention.
Mayor Ferre: All right, the next speaker is Mr. Blanco.
Mr. Octavio Blanco: Good morning Mr• Mayor, my"name is Octavio-; Blanco. I5
live at;8115;S.W.;16th Street. MayorI just want to congratulate you on
the resolution that you are today'. I:do believe that it is
going to be a good helpto the staff of Community Development and to every
agency who, normally work in the Little:Havana Area. I just got a few things
down here that I wanted because none of us were able to talk to any of those
people but so far we have been able to talk to the staff and today we know
that the staff has brought to you a beautiful project and we wanted to thank them
for working with us even without the help of the so-called citizen partici-
pation board. Today I wanted to bring to your attention with respect to the
meeting that we held with the County Commission, they promissed us that we
would be working with your people and they gave the impression to us that if
you people are willing to talk to them they will not cut off funds for Com-
munity Development. Now, as you know, our program is working city-wide. We
do have a grant for Little Havana and Allapattah from Community Development.
Today some agencies have been asking down here that if Dade County cuts the
funds that they do have a transportation program, that's a pilot program that
even Dade County asked us for the assistance to create their program and to
date the Dade County don't want to give any more money, they're asking now
to the City of Miami. I wanted to remind you that Action Community Center
is giving service to every area in the City and,if you're planning to spend
any money in any other program please don't duplicate any other program. We
do give the service to the whole area and we don't receive any money from
Wynwood. There is another matter down here, Mr. Mayor. As you know, we received
already, we haven't been able to get it out of the depot on DOT, we do have
three buses down here, brand new buses from the DOT and we were planning to
have it working in two weeks according to what they say will be working.
We short of personnel,in our clerical work and I wanted you to consider to
•
see if we could get one clerk to help us with the paperwork because we're going
to be giving more service to the people. Thank you, sir.
Mayor Ferre: You need one more clerk?
Mr.
Blanco: Yes, sir.
Mayor Ferre:
All right., The next speaker is Mr. Rafael Villaverde.
JAN 241980
Mr. Rafael Villaverde: Good evening, my name is Rafael Villaverde, and I:
live at 881 Ocean Drive, Key Biscayne, Florida.; Presently I'm here to re-
quest from the City of Miami a problem that I have been experiencing for the
last two years which is' that I am at the trenches, what you experienced to-
day here is what I experience on a daily basis in Little Havana which is
people knocking and demanding on my doors that they want the community to go
their way and unfortunately we`have to go or fortunately we have to go how
the grantee agency tells us that we have to go in accordance with what we
have proposed. We have an extremely large agency, at the present time we
are negotiating to increase the number of meals in the City of Miami for
around 700 meals on a daily basis, 400 for the home -bound and 300 to expand
our meals programs to the congregate meal site. But we lack manpower, there-
fore, we are presently requesting from the City of Miami two positions as
community organizers in order to find the needs of the community, interpret
it, put it in writing and try to meet the needs of the commulaty. 0ur total
budget will be approximately for those two positions, $30,000 plus 21% fringe
benefits, that is what our agency is presently providing for. So I am re-
questing that from the City Commission and at the same time I am expressing
my gratitude for the past support that. the City of Miami has granted us and
I haven't presented to the administrative process because it has been isposs-
ible due to the kind of procedures that we had to live with in the last ix
months. Therefore, I present my excuses to Dena Spillman from Community
Development and to Mr. Grassie, the City administrator, that I haven't been
able to do it in the established manner. Thank you,very much, and I hope
my request will be attended. Thank you.
Mayor Ferre:. All right, any other speakers,at this time? If not, I would
recommend:that after the administration has the; opportunity to study the
various requests.presented here today and can.put them in an orderly fash-
ion as alternatives that you make appointments with each member of the Com-
mission, that>you discuss each alternative, come back with your recommenda-
tions on,the,8th. We will then vote on each -one of these things either
jointly or separately as the case may be at the will of the Commission.
I'm sorry, notthe`8th, the 12th of February. I. beg your pardon.
BACKGROUND COMMENT,NOT PLACED WTHEY,PDBLIC RECORD.
Mayor Ferre: AcoEmmittee
has been established that is composed, of Commissioners - the right and the
left flank. This is my right flank and this is my left flank.,..
Mr. Plummer: You've got that one wrong, buddy, we're both to the left.
Mayor Ferre: I would say it is the other way around, I would say on my two
right flanks, my two right flanks will meet with the group from the County
and I would like to request both of you, and Mr. Plummer or Mr. Carollo,
since you're the senior member and you both have two secretaries, perhaps
you might want to put your findings in writing so that the rest of us can
share in what you have concluded or not concluded.
Mr. Plummer: We'll borrow one of your eight secretaries.
Mayor Ferre: All right, further discussion? All right, at this time then
I'd like to pass the gavel to Lacasa and make the following motion which you
have before you. I move that a resolution abolishing the elected Little Havana
Community Development Advisory Board and creating an appointed advisory board
in the Little Havana target area as part of the Community Development :lock Grant
Program to be known as the Little Havana Community Development Advisory Board
whose members shall be appointed by the City Commission and shall consist of
representatives of the Little Havana Target Area and organizations serving the
Little Havana Target Area in lieu of the elected 15 member advisory board and
I would like to in addition to this charge both Commission Carollo and Commis-
sioner Lacasa to submit their_list of candidates for selection by the Commis-
sion for the next meeting of. February 12th.
Mr. Carollo: I second the. motion.
Mr. Lacasa: There is emotion that hes been seconded, discussion? Call the
roll.
The following resolution was introduced by Mayor Ferre
its adoption:
JAN 241980
RESOLUTION NO. 80-36
A RESOLUTION ABOLISHING THE ELECTED LITTLE HAVANA COMMUN-
ITY DEVELOPMENT ADVISORY BOARD AND CREATING AN APPOINTED
ADVISORY BOARD IN THE LITTLE HAVANA TARGET AREA AS PART OF
THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM TO BE KNOWN
AS THE LITTLE HAVANA COMMUNITY DEVELOPMENT ADVISORY BOARD
WHOSE MEMBERS SHALL BE APPOINTED BY THE CITY COMMISSION AND
SHALL CONSIST OF REPRESENTATIVES OF THE LITTLE HAVANA TARGET
AREA AND ORGANIZATIONS SERVING THE LITTLE HAVANA TARGET AREA
IN LIEU OF THE ELECTED 15-MEMBER ADVISORY BOARD.
(Here follows body of resolution, omitted here and on file.
in the Office of the City Clerk.)
Upon being' seconded by Commissioner
adopted by the following vote
AYES:
NOES: None.
ON ROLL CALL:
Mr. Ongie: Rev.
(Silence)
Carollo, the resolution was`: passed and
Commissioner Joe Carollo
Commissioner (Rev.)? Theodore Gibson
Mayor Maurice A. Ferre
Commissioner.J. L.:_Plummer/ r.Jr.
Vice -Mayor. Armando Lacasa
Gibson?
Mayor Ferre: All right, there is a question and the question is what do
you mean by a list and that really was not defined. I would hope that you
would not preclude the input of both community level groups and the members
of the Commission. So I would`. hope that if you have any members that you
want to submit that you would take that into consideration. I did not place
here how many people you would submit back to us for selection, I will leave
that up to your discretion and,ofcourse, any member of this Commission can
make a motion to change it, to alter it, to increase it, to decrease it, I
think it is a completely open process. I would hope that they would deliber-
ate in such away that it, would be acceptable to the majority of us but this
is not - or all of us - this is not one of these things where we're going to
ramrod anything, it is muchtoo delicate a situation and I think it has to
have full community input z-would hope that both of these members of the
Commission: would act not as a buffer or as a funnel but rather as an expander
of the process so that people will feel that they really have an opportunity
to participate.
Mr. Plummer: Mr. Mayor, let me just for clarification, I think we would be
better off making the motion clean to the point of the motion stating to
abolish the present board then I think it would be better that you appoint,
as Mayor, two members of this Commission to head up a....
Mayor Ferre: I accept that and, therefore, Plummer, let me in the midst of
all this :just 'say that the motion is exactly as it was written without my
addition. Okay? And then I'll make ' second motion to the effect that Plum-
mer is talking about.
Rev. Gibson: The motion; is to abolish the present board. I understand that
but, if I'm not, I;` fully understand what you said about abolishing the board,
I'm concurring with that. I'd like, however, if you're going to have the two
men serve in the capacity of funneling, I'd like to know how many persons will
be on the board that you're going to consider.
Mayor Ferre: Fifteen.
Rev.Gibson: Well,let me say I have no light to guide my future but the light of
the past. I doesn't say that. You see?.
Mayor Ferre: Yes, well let me correct'.you because it says as follows: It
says: to be known as the..., and to be appointed by the City Commission and shall
cbnsist of representatives of the Little Havana Target Area and organizations
serving the Little Havana Target Area inlieu of the elected fifteen member
Advisory Board".
106 JAN 241980
Father Gibson:. But you :see, that's why, I'm asking. I...see, there is nothing
to say that you don't go on and get your thirty people.
Mayor Ferre: Yeah, but you see...
Father Gibson: So what I want to do is, as I vote, I want to vote to
abolish. Lets go through that. All right. If you make the motion to abolish,
I am going to vote. Is; that the sense of the motion?
Mayor Ferre: Yes.
Mr. Lacasa: Okay, is"the motion understood then?
Mayor Ferrer The motion is the one that is written here. ,.I will then make`'..
a second motion to clear up. the misunderstanding the nebulous; area .that
you are discussing and that Plummer has pointed out.
*Father Gibson: Al]. right, I vote yes, to abolish the board.
Mr. Lacasa: Now, for the second motion, Mr. Mayor.
Mayor Ferre: Now, I make a second motion appointing Commissioners
Lacasa and Carollo for the purposes of meeting with the
recognized community organizations for the purposes of analyzing and
recommending to this body, a list of individuals from Little Havana
that would properly represent that constituency and that would serve
the best purposes of the Little Havana CD area for this Commission at
its next meeting of February 12th'to consider and decide upon.
Father Gibson: Mr. Mayor, "I would buy what you are saying, if you say
to recommend a list of fifteen names' or list of twelve names, or a list
of thirteen names. I want to make sure that...
Mayor Ferre: I'm completely open to any recommendation you want to make.
Father Gibson: All right. I...I.would suggest that the number be
fifteen so we know at the outset we are going to be looking forfifteen.
people...
Mayor Ferre: .Okay, 'Iaccept that.
Rev Gibson:'. Okay, beautiful.
Father Gibson: See, the danger is, when all that crowd comes back in
here, as they were here this afternoon, we will panic and then go on to
twenty-five,and then to thirty. So I want everybody to know from the
word go, we're going to get fifteen names, and come hell and high water,
there is going to be fifteen names. Okay?
Mayor Ferre: I accept that.
Mr. Plummer: Well, let me ask for clarification. Maurice, is it your
intent that that board would be the board or they would be the board,
until an election could be :called within the community. It would seem
logical to_me, -that ;the community would have the right to voice their.
opinion in the selection process, as eyeryone of them has done.
Mayor Ferre: J. L., we have...what is it six other boards? How many
other` boards do we have?
Mr. Plummer: Seven., a total of eight.
Mayor Ferre: Seven boards, all right. They were elected last year between
the months of June and October. .The next election is when?
Ms. Spillman: We have to come back to you after this
process is over. This was a trial year. 'So we haven't...
Mayor Ferre: Okay, after this year we.will decide what the next step is. This
new board would sit in place until the decision is made by this Commission
on what we will do on all eight of these boards, J. L. Okay?
,r•
•107
JAN 2 41980
. : Plummer :..:..Okay.
• Lacasa: Okay, there is a motion, do I hear a second?
Mr.. Carollo: Second.
Mr. Lacasa: There is a motion and a second. Discussion?
Father Gibson:. Were voting for a fifteen man board.
Mr. Lacasa: Fifteen member board.
Father Gibson: Fifteen ztember board. All right, go ahead.
Mr. Lacasa: Okay, please call the roll.
ist
Thefollowingmotion was
moved, its adoption:
introduced by Mayor Maurice A. Ferre, who
MOTION NO.--80-37
A MOTION APPOINTING COMMISSIONER ARMANDO LACASA
AND COMMISSIONER JOE CAROLLO AS REPRESENTATIVES
OF THE CITY COMMISSION TO MEET WITH RECOGNIZED
COMMUNITY:LEADERS AND ORGANIZATIONS IN THE
LITTLE HAVANA COMMUNITY DEVELOPMENT TARGET AREA
FOR AN ANALYSIS OF CURRENT PROBLEMS AND TO
RECOMMEND A LIST OF 15 PERSONS FOR APPOINTMENT
TO THE NEWLY CREATED LITTLE HAVANA COMMUNITY
DEVELOPMENT ADVISORY BOARD; SUCH LIST OF PERSONS
TO PROPERLY REPRESENT THE CONSTITUENCY OF THE
LITTLE HAVANA AREA
Upon being seconded by Commissioner Carollo, the motion was passed
and adopted by the following vote:
AYES:
NOES: None
Mayor Maurice A. Ferre
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Armando Lacasa
Mayor Ferre: Now, we will see all of you on the 12th day of February.
And you will be informed, and I would like to ask Dena, please, as the
staff person on this to make sure that the Chairpersons and those that
are interested and those that spoke, and I will give you their names,
today, will be informed of the joint meeting with the County
on the issues requested. All right? Thank you. So thank you very much.
Now, you also will be appointing a staff person to deal with the process.
as far as Carollo and Plummer are concerned.
los
JAN241980
16. ASSESS FEES FOR SPECIAL OFF -DUTY POLICE SERVICES.
Mayor Ferre: We're now on Item #7 which assesses fees for Special Off -Duty
.Police Services. Mr.Jack Alfonso, is Mr. Jack Alfonso here?A11 right, Mr.
Alfonso, on this Item # 7 which is an ordinance on Second Reading, I saw
Irwin Christie here before, are you satisfied with the way it is now?
UNIDENTIFIED SPEAKER FROM AUDIENCE: Yes, sir.
Mayor Ferre:
#7
All right
is there anybody else who wishes to, speak
o item
Mr. Grassie: Angela is passing out a memorandum from the Police Chlef which
speaks to the question of the exception that you talked about at your last
meeting having to do with the motorcycles.
Mayor Ferre: (Reading) •This does not adequately relieve the City from
workmen's comp obligations in this high risk off -duty service.... Well,
now here we are again, Joe. Now, since Father Gibson, was the author
of this and since I was the seconder of his suggestion, perhaps we should
address this issue after we hear the from the Manager as to what his recom-
mendations to overcome the Chief's concern is. You know our intent, now
tell us how to overcome it.
Mr. Grassie: Well, I guess I wasn't very clear, Mr. Mayor, from the discus-
sion that you had of what your thinking was behind the specific exception
that you proposed.
Mayor Ferre: Well, let me read it to you again.
Mr. Grassie: No, I understand what you did, what I said wasI didn't under-
_i
stand what your thinking
was, what the rationale was, what the reason was
behind it.
Mayor Ferre: Well, I think Father Gibson explained that very explicitly
when he made the statement.
Rev. Gibson: That's right. I just believe in the case of motorcycle police
on escort work that we have no choice, nobody else could do that, nobody else
is doing that and i think it is an unusual and exceptional service that we,
the City can render. And the other matters, we could do without, those.
Mayor Ferre: Look, I think the point of what Father. Gibson is saying is that
there are two essential points here: (1) That funeral homes can not go out
and get somebody to do that service like a bank can go out and get somebody
else to stand guard over a bank. And the second thing is that those people
are providing a public service in the sense that those funerals are going on
public streets or a public road and, for example, if this Commission said
all right, policemen can no longer provide funeral escourts and these people
went out on the streets with their funeral motorcades they, in effect, are
creating a public hazard because they're stopping traffic and they're doing
all kinds of things which will not function except through a police escort.
Therefore, I: think it is. different from the police services rendered in the
private area. Officer, would you mind - thank you, thank you, sir. I
think it is a different set of, circumstances. Therefore, I think because
of the extraordinary nature of it that there should be some consideration
in this motion and that was the intent of what Father Gibson inserted and
which this Commission' unanimously voted for. Now, do you need any further
clarification?
Rev. Gibson: Mr. Mayor, let me point this out. Naturally I'm not in the
funeral home business but I go with the bodies. I. would tell you that if
you eliminate police escorts thfs•City-will be in plenty plenty trouble.
That traffic is horrendous. and it is amazing how quickly you could move a
funeral from Coconut Grove to Richmond Heights or any of the cemeteries
down'. there, just that quick and seldom if ever there is an accident, sel-
dom.if ever there is an accident. And I want to urge this Commission to
make that exception. There is a service that you render people plus it
is at a time that people are very Iftstible to a lot of things.
•
JAN 241980
Mayor Ferre: See, let's talk about what we're referring to. We're talk-
ing about Section 8 which reads as follows: Parties from whom off -duty
police services are rendered shall indemnify the City and insure the off -
duty officer for any workmen's comp benefits that may be incurred due to
injury resulting from such off -cute police services. This Section shall
not apply to parties requesting and obtaining motorcycle escorts. Okay?
Now, the Chief says the following: While I do concurwith the amended
ordinance - now that means that he agrees with what we've done - now follow.,`
what he says because he contradicts himself. He must have learned this in
what's the name of that course ----Alexander Hamilton.
Mr. Plummer: Mr. Mayor, I'm going to do what's right, I'm going: to abstain
from this because I just really feel that it is -'I don't know, I sit here
and wonder but I'm going to abstain, Mr. City Attorney, if you'll give me
the. form. I don't want anybody to misconstrue this situation.
Mayor Ferre: pursuant to the guidelines put forth by the City Commis-
sion'at the January loth meeting the proposed amendment ordinance includes
and defines exceptional and non -routine and additionally exempts private
parties from workmen's comp when employed off -duty police officer: for
motorcycle escorts. While I do concur with the amended ordinance 1 am
very concerned so he agrees but he's concerned - that the exception x,.ovi-
sion does not adequately relieve the City from workmen's compensation'obliga•-
tions in high risk off -duty services. Furthermore, I believe that several.
other off -duty services are equally important and so on and so forth, and
to give consideration to one type of service to the exclusion of others may
be inappropriate. I, therefore, request that the last sentence of Section 8
be stricken. So while he concurs he doesn't concur.
Rev. Gibson: Mr. Mayor, I believe that that's the gamble I'm going to have
to take and the value judgement I must make as Commissioner. I am, not going
to strike it. I'm going to make the police escort an exception. Now, what
do I do? I want to offer the motion.
Mayor Ferre: All you have to do is offer the previous motion you made.
Rev. Gibson: Mr. Mayor, I want to offer the previous motion that I made
on this .matter. .'
Mayor Ferre: All right," the seconder of that motion last
sioner Carollo. Do you wish to second?
Carollo:
Second again.
time, was Commis
AN ORDINANCE ENTITLED-
AN ORDINANCE RE:EALING ORDINANCE' NO. 8994, ADOPTED OCTOBER
17, 1979, ENTITLED:
"AN ORDINANCE ASSESSING FEES TO DEFRAY THE ADMINISTRATIVE
COSTS; INCURRED BY THE CITY IN -PROVIDING. OFF -DUTY
,POLICE SERVICE TO PERSONS"OR BUSINESSES REQUESTING SUCH;
SERVICES; CONTAINING A REPEALER PROVISION.AND A'SEVERABILITY
CLAUSE';
AND SUBSTITUTING A NEW. ORDINANCE IN ITS PLACE AND STEAD;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY.CLAUSE:,
passed on its first readingby title at the meeting of November'26, 1979, was.
taken up for its second and final reading by title and adoption. On
motion of Commissioner. Gibson, seconded by Commissioner Carollo, the Ordinance was,
thereupon given its second and final, reading by title and passed and
adopted by the following _vote -`.
.
AYES:. Mr. =Carollo, ,°Rev. Gibson, Mr. Lacasa and Mayor y Ferre.
NOES: None.
ABSTAINING: Mr. Plummer.
THE ORDINANCE' WAS
DESIGNATED ORDINANCE NO. 9059
The City Attorney read the ordinance ..into ;;the public record an
announced that copies were available to the members: of the City Com-
mission and to the public.
JAN 2 41930
17. AUTHORIZE ISSUANCE OF PARKING FACILITIES REVENUE
BONDS NOT TO EXCEED $8,725,000.
AN ORDINANCE ENTITLED --
"AN ORDINANCE AUTHORIZING THE ISSUANCE OF NOT EXCEEDING
$8,725,000 PARKING FACILITIES REVENUE BONDS (SERIES 1980),
OF THE CITY OF MIAMI, FLORIDA PAYABLE SOLELY FROM REVENUES
OF CERTAIN OFF-STREET PARKING FACILITIESAND OF ON -STREET
PARKING METERS, FOR THE PURPOSE OF PAYING THE COST OF AC-
QUIRING AND IMPROVING PARKING PROJECTS (AS MORE10FULLY
DEXCRIBED HEREIN); AMENDING ORDINANCE NO. 7414, PASSED
AND ADOPTED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIL:\
ON MARCH 14, 1966, AS AMENDED BY ORDINANCE NO. 7452 AND
ORDINANCE NO. 7517, ADOPTED ON JULY 14, 1966 AND FEBRUARY
8,1967, RESPECTIVELY; AND PROVIDING THAT CERTAIN OF SUCH
AMENDMENTS WILL BECOME EFFECTIVE ONLY UPON THE RETIREMENT
OF ALL THE OUTSTANDING SERIES A, B AND C BONDS HERETOFORE
ISSUED; AUTHORIZING THE VALIDATION OF SAID BONDS DECLAR-
ING THE ORDINANCE .AN EMERGENCY MEASURE; AND DISPENSING WITH
THE READING OF THE ORDINANCE ON TWO SEPARATE DAYS."
Was introduced by Commissioner Lacasa and seconded by Commissioner Gibscn,
for adoption as an emergency .measure and dispensing with the requirement of
reading same on two separate days, which was agreed to by the following
vote -
AYES:
Commissioner Joe Carollo
Commissioner" (Rev.) Theodore Gibson
Vice -Mayor "Armando "Lacasa
Mayor Maurice A. Ferre
NOES:. None.
ABSENT: Commissioner J. L. Plummer, Jr."
Whereupon the Commission on motion of Commissioner Lacasa and ,seconded by
Commissioner' Gibson, adopted said ordinance by the following vote -
AYES: Commissioner Joe Carollo
Conxnissioner (Rev.) Theodore Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre •
NOES: ' None.
ABSENT: Commissioner 'J. L.
Plummer,
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9060.
The City Attorney read the ordinance into the public record and
announced that., copies were available to the members of theCity Commis-
sion and to the public.
J
19
Oe
18. AMEND ORD. 9000 BY TRANSFERRING FUNDS FOR MOTOR
POOL MAINTENANCE, MACHINERY & EQUIPMENT REPLACEMENT
AND FURNISHINGS FOR NEW CITY ADMINISTRATION BUILDING.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTIONS 2 AND 5 of ORDINANCE NO.
9000, ADOPTED OCTOBER 17, 1979, THE ANNUAL APPROPRIATIONS
ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1980,
AS AMENDED; BY APPROPRIATING INTO INTERNAL SERVICE FUNDS
FROM'BUILDING AND VEHICLE MAINTENANCE DEPARTMENT, HEAVY:
EQUIPMENT MAINTENANCE DIVISION, RETAINED EARNINGS, AN.
AMOUNT OF $1,222,899 OF WHICH $822,899 IS TO BE TRANS-
FERRED TO MOTOR POOL MAINTENANCE FOR MACHINERY AND EQUIP-
MENT REPLACEMENT AND $400,000 TO THE CAPITAL IMPROVEMENT
FUND FOR FURNISHINGS FOR THE NEW CITY ADMINISTRATION BUILD
ING IN -ORDER TO COMPLY WITH CORRECT ACCOUNTING PROCEDURES;
CONTAINING A REPEALER PROVISION AND A SEVEP.ABILITY CLAUSE;
AND DISPENSING WITH THE REQUIREMENT OF READING SAME ON`
TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS
OF THE MEMBERS OF THE COMMISSION
Was introduced by Commissioner Lacasa and seconded by Commissioner Carollo
foradoption pursuant to Section 4, Paragraph (f) of the City Charter, dis-
pensing with the requirement of reading same on two separate days by a vote
of not less than four -fifths of the members of the CoinxniSsiori -
AYES: Commissioner Joe Carollo
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.;.
ABSENT: Commissioner`J. L. Plummer, Jr.
Whereupon the Commission,.on motion of, Commissioner Lacasa and seconded
by Commissioner Carollo, adopted said ordinance by the following vote:
AYES:.
Commissioner. Joe Carollo,,
ommissioner (Rev.) Theodore R. Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner'J. L. Plummer,
SAID"ORDINANCE WAS DESIGNATED ORDINANCE NO. 9061.
The City Attorney read the ordinance into the public record and announced
that copies were available to the fiemgers of the City Commission and copies
were available to the public
ti 41
vote
AYES:
19. AMEND'.ORD. 9019: JEFFERSON STREET PAVING PROJECT,
WATSON ISLAND DEVELOPMENT, BLUE LAGOON & ELIZABETH
VERRICK GYM RENOVATIONS.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDNANCE NO.9019
ADOPTED NOVEMBER 8, 1979, THE CAPITAL IMPROVEMENT APPRO-
PRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER
30, 1980; BY AMENDING PARAGRAPH II (1970 HIGHWAY GENERAL
OBLIGATION BOND FUND) C. (NEW PAVING PROJECTS) TO ESTAB-
LISH JEFFERSON STREET PAVING PROJECT (7025); BY AMENDING
PARAGRAPH VI. (1972 PARK AND RECREATIONAL FACILITIES
GENERAL OBLIGATION BOND FUND) B. (CONTINUED PROJECTS),
AND PARAGRAPH X. (CAPITAL IMPROVEMENT FUND) B. (CONTINUED
PROJECTS) TO MAKE ADJUSTMENTS TO REFLECT MULTIPLE SOURCES
OF REVENUE FOR WATSON ISLAND DEVELOPMENT (7033); BY AMEND-
ING PARAGRAPH X. (CAPITAL IMPROVEMENT FUND) C. (NEW PROJ-
ECTS) TO INCREASE THE APPROPRIATION FOR BLUE LAGOON (9017)
AND TO ESTABLISH ELIZABETH VERRICK GYM RENOVATION (9015)
AND PARK REHABILITATION FOR THOSE WITH SPECIAL NEEDS
(9047); CONTAINING A REPEALER PROVISION AND A SEVERABIL-
ITY CLAUSE; AND DISPENSING WITH THE REQUIREMENT OF READ-
ING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS
THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION.
Was introduced by Commissioner Lacasa and seconded by Commissioner; Gibson,
for adoption as an emergency measure and dispensing with the requirement of
reading separate days, which was agreed`. to by the following
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES:. None.
Whereupon the 'Commission on motion of Commissioner Lacasa and seconded
Commissioner Gibson, adopted said ordinance by the following vote-
AYES: -Commissioner Joe Carollo '
Commissioner J. L. Plummer,, 'Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor, Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9062
The City Attorney read -the -ordinance into the public record and,
announced that copies were available to the members of the City Commis-
sion and to the public.
by
JAt
419
20. AMEND SECTION 36-13 OF THE CODE BY MAKING IT
UNLAWFUL TO M.AKE ANY LOUD OR UNUSUAL NOISE
IN RESIDENTIAL NEIGHBORHOODS.
Mayor Ferre: On Item 10a, let me speak to that. I've gotten an awful lot
of phone calls from my neighborhood about the pounding that is going on by
these people tht are building The Palace where the old Academy of the Assump-
tion used to be. Those people are starting to pound at 7:00 O'Clock and they
go to 10:00 O'Clock at night without stopping including Saturday. And espec-
ially the older people in that neighborhood are really, you know it is getting
to the point that you can take that two or three days but after about the 5th
day people are really getting very nervous and up tight. I've had a tremendous
amount of phone calls as has the department. Is that correct, Mr. Grassie?`
I understand there have been about 50 complaintsregistered just th._- week
alone.
Mr Grassie: We have had a significant number,` yes,
I had the same situation...
All right, let me tell you what I
I don't believe so, sir.
Mayor Ferrer All right, I'll tell you why I have two points where I disagree.
Marie, I gave you a memorandum that I wanted brought to me today on this thing,
would you go upstairs and get it for me because I made some corrections on it?
A11 right, the first correction, Mr. Grassie, is I don't think 7 to 7 is right,
I think 7:30 to 7:30 is bettor because a lot of those older people don't get
up at 7:00 O'Clock in the morning and I think it is fair for these people to
pound for 12 hours, I understand we've got to let them do that but 7:30.to 7:30
I think would be more appropriate rather than 7:00 to-7:00 becauseat night
you know whether they stop pounding at 7:00 at night or 7:30 doesn't make that
much of a difference but in the morning,. I'll tell you some people don't". like
to be woken up with that noise at 7:00 O'Clock in the morning"
Mr. Plummer: Why don't you just make it 8:00 to?6:00?''
Mayor Ferre:
Mr. Plummer:.
The industry needs...:
Mayor Ferre: No, they work 12 hours, well, they're working now 'from `7:00 in
the morning to 10:00 at night so now they're working 15 hours. I think 12.
hours is sufficient.
Mr. Plummer:' Nell, I'll tell you if Ii;lived next door to `it I. couldn't"take
•
more than 8 hours. T.went by. there the other night .and I couldn'.t.believe
it and'I went by there like.8:30 at night 'and that damned `thing was still ,`.
going.
Mayor Ferre: Well they go to 10:00 O'Clock at night.
and see it and hear it at 10:00 O'Clock.
Mr. Carollo: Mr. Mayor,the only problem that I- have with this is you go
on and say "...or making any loud or unusual noise" Now that could mean
even a dog barking for that matter.
Mayor Ferre: No, it is defined, if you will look at your supplemental agenda,,
would the administration pass out the' resolution that you are recommending?'
This is not -it. Does Mr. Carollo.have a copy of it?
Mr. Carollo: I have it now, Mr, ,Mayor.
Mayor Ferre: See, it definesright here, that's' a .very good question, Joe,
and here in the back side of it says " ..octave bands in cycles per second,
maximum permitted sound level in decibels. And as I. understand,.the pound-
ing that they're doing now is 'within this range.
114
JA
1983
Mr. Carollo: Then I.
Mayor Ferre: So it won't be confiscatory in nature. Ohyes, I remember
have no problem
with it.
what it was. The violation, I think, "•Mr. Knox, the violations clause is
in my opinion very veryweak because what it says is any person who shall
violate any provision of this section shall upon conviction be punished
by a fine of not more than $500 that's absurd. Because if I'm putting
up that building I just will be in violation and after you've convicted
me which is 3 months later I will pay gladly the fine of $500. So you
know nobody will pay attention to it.
Mr. Knox: The only problem that we have is that the State law prescribes
that the maximum penalties that we can impose and the penalties that are
described in the ordinance constitute second degree misdemeanors which...
Mayor Ferre: Well, let me ask you this, does that mean $500 per violation?
Mr. Knox: Yes, sir.
Mayor Ferre: Oh, weld then I've got;no,problems with that. In other words
if every day,they go:by they're violating it that day and;that`a.s:a .,.parate
violation then I've got'no problems with:it. But,if.-they could violate his
thing for four months and-pay'$500 that's'not bad, then they'll pound away
,for:20 hours.
provision for 'incarceration of 60 days.
Mayor Ferre: Yes, would you, let the record. reflect. then that, it is thelegls-
lative intent even ,though does not say so here that by punishment by;a'fine
of not more than, $500 it is $500 per violation:
Mr. Knox:
Mr. Knox:
Mayor Ferre:
Mr. Grassie:
Mr. plummer:
Mr Fosmoen:
There's also a
Yes, sir.
Now the times are then from what to what?
7:30 to 7:30?
I think 8:00 to 60
that's sufficient.
Yes, but labor starts earlier.
amn, that'
0 hours.
.Mr. Plummer: Hey, you know that's fine for a laborer to start early, so what?
What about .the people that live around there? Hey,Dick, letme. tell you
something'. I.live, as the crow flies, I'll bet you,a half.a mile.fromMercy
Hospital and when they were building that new structure down there I want to.
tell you there were days I was ready to pull the roof off my house. Now if
I"lived next door to that place 8 hours is enough: `-
Mr. Grimm: Commissioner, I'd like to interject. You know there is probably - -
right now in excess of $50,000,000 worth of construction going on:in.the,City;
of Miami and that's probably a conservative estimate. .:You're not :Only pass
ing an ,.rdinance which affects The Palace, you're passingan ordinance which
affects every contractor that lays a; pipe in the street and he can't start up
his tractors or anything else.
Mr. Plummer: I hope that'
true.
Mr. Grimm: I would suggest you
is more than conservative.
not; go to 8:00 0' Clock,;
think 7:30 to 7:30
Mayor Ferre: I think you've got to give people a certain latitude. Now,'.
with regards to Saturdays, it seems to me,Vince,-I-agree with 12'hours,;
7s30 to-7:30.five days a week and nothing ,on Sunday but; I'll ell you.;on Satur-.
day,I think the evenings people are entitled to have, peace in their home. So'
I would say that on Saturday if they start at 7:30,they'Ought to quit;by 6:00
O'Clock,on Saturday.
Mr. Plummer: No, this thing that was 'handed `to me doesn't allow for it
all. on Saturdays.
Mayor Ferre: No,
Mr. Plummer: No.
Mr. Grimm: only with the City Manager's approval on the 6th day, they have
t;.
allows it six. days a week.
to make a special approval for that.115
JA N 2 41960
MayorFerre: Is- the 6th day Saturday?.
Mr. Grimm: Yes, sir.
Mr. Plummer: Never on Sunday.
Mayor Ferret Never on Sunday, but how about Saturday?
Mr. Plummer Oh no.
Mayor Ferret I think you're wrong. It says on week days including Saturdays,
here it is. Weekdays including Saturdays, that means you're wrong.
Ray. Gibson: J. L., I don't particularly like Saturday either but someof
those contracts are let and those men have time constraints. What seems to
be happening is if you buildnow, man, this delay wipes thc: man out. You'
know, I just say this, I'm not a builder, but my God.
Mayor Ferre: There's a middle ground, Father, and"I`think that's whre.we
have to go. And the middle ground is.12 hours 'a day Monday through"F..iday.
I think that on a Saturday that ought to be limited to 10 hours and,I,ti Ltd
say from 8:00 to 6:00.
Rev.
Gibson:
I don't`' mind that, but for God'
Mayor Ferre: And nothing on Sunday,
Mr. Grimm: Yes, sir.
sakes don't...
is that reasonable, Vince?
Mayor:Ferre. 7:30 to:7:30 during the week, on Saturdays from 8`:00:ti1 6:00.'
and nothing on Sunday. Okay?..:Is that all right,. Mr. Knox, is'that reason-
able?. We'don't.want'-to dohanybody harm.
Mr. Plummer: (INAUDIBLE)
Mayor Ferre: No, J. L, those people` have: a right.... There's a. lot: of
people that make a living on'that. But on the other hand, people are also
entitled to have.a.little bit ofpeace in,their homes So that's the 'middle
ground. Okay, is that acceptable to you, Joe? Father? J. L.3 ,
-Mr. Lacasa: Yes.
AN ORDINANCE: ENTITLED -
AN EMERGENCY ORDINANCE AMENDING -SECTION 36-13 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY REPEALING
SAID SECTION IN ITS ENTIRETY AND SUBSTITUTING THEREFORE A
NEW SECTION WHICH MAKES IT: UNLAWFUL TO MAKE ANY EXCESSIVE
SOUND OR NOISE DURING SPECIFIED HOURS IN THE OPERATION
OF CONSTRUCTION MACHINERY WITHIN RESIDENTIAL DISTRICTS;
FURTHER AUTHORIZING THE CITY MANAGER TO EXEMPT SUCH PRO-
HIBITIVE OPERATION AND USE .OF MACHINERY IN THE EVENT ,OF
EMERGENCY; FURTHER PROVIDING A PENALTY PROVISION; AND
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
•
Was introduced by Commissioner Lacasa and seconded by Commissioner Gibson,
for adoption as an emergency measure and dispensing with the requirement of
reading same on two separate days, which was agreed to by the following
vote-
AYES: Commissioner Joe,Carollo
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Armando Lacasa.
Mayor Maurice A. Ferre
NOES: None.
Whereupon the Commission on motion of Commissioner Lacasa and seconded.by
Commissioner Gibson, adopted said ordinance by the following vote
AYES: Commissioner,Joe Caroline
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
ABSENT ON ROLL CALL Commissioner:J. L. Plummer, Jr.
SAID ORDINANCE WAS DESIGNATED.ORDINANCE NO. 9063
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commis-
sion and to the public.
116 AN 241980
21.
SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY -
GRANT FRANCHISE SUBJECT TO APPROVAL BY THE
ELECTORATE.
Mayor Ferre: ... This is companion to Item 15. Ladies and gentlemen, what
this will do, as I recall reading, is this gives the people of Miami the right
to either accept or reject this and this is something that we've long wanted
to do, :In my opinion this will pass, the people of Miami will do this because
they're very interested in keeping and improving the medical rescue services
the Fire Department has. Is there further discussion or any questions?
Mr..Grassie: As a point of information, Mr. Mayor, the, proposed ordinance
we it is in front of you does not have the full, concurrence of the Bell
Telephone Company particularly with regard to the, terms of the agre.ment. So
.after this is approved we will still need to go back to`Bell Telephone. What.
they are asking for is a longer term, 30 years, the original. agreement and
we''re in discussion with them on that.
Mayor Ferre: Okay, Mac.
Mr. Mac Gilstrap: Mayor Ferre, I believe that the ordinance before you
been changed to read for 30 years.
Mayor Ferre:- It has been changed.
Mr. Gilstrap: As was the original which was presented.
Mayor Ferre:. Mr. Grassie, he's correcting you.`
is not for 30 years, is that correct?
Mr. Grassie: Clark Merrill tells me that it
happens when you go on vacation for oneday.
has
says that the ordinance
has been corrected, that's what,
Mayor Ferre: Clark, can we pass something like,tha* for �CLyears. Do yOu.
think the people will'accept-that?
Mr. Grassie: The one I have is 10,years', Mr. Mayor
are available but>they have not been distributed.,`
Mayor Ferre:;Well,;that':a,very nice. Now would, you like„to distribute. them,
Clark, or would you rather"not? (INAUDIBLE RESPONSWell,, that'snice.
They changed., it from 10.- Years' to'30 years but it hasn't been made -available
to the members of the Commission.
Grassie: Apparently they were sent
but apparently...`. They
out this morning
to you, Mr. Mayor.
Mayor Ferre: Wonderful, I had so'much ':time this morning to read them but,.,`.
of course, I read them.
Mr. Grassie: The only change as_I understand it is 10 years to 30 years,
that's the only thing that's been`changed.
Mayor Ferre: Yes,'I would like very much.to ask,the Law Department never
ever to do, that again because I sit here. all day and people; are throwing,
papers,,on top of. my desk, obviously I don-'.t-read them because I'm trying to`
run,a meeting and follow what's going on and then 8 hours later then -.some-
body says, "Well, we gave it to you this morning." Well find it",; fine:,
Teil me' where it is, I'm sure you dropped it: somewhere:, here. Clark, are
there any changes here other than the 30 years?
Mr. Clark Merrill: -No, there were.some typographical -errors....`:
Mayor Ferre: I'm no•t°;asking:you•about,typo`errors Are there any s••nt ubstaa-`
tive changes different from the ck paet we received, last week other than .
changing from 10'.to 30`years?•
Mr. Merrill:.
Just the 30 years.
Mayor Ferre: all right,
Mac, do you want to address yourself to this?
J 4241980
Mr.:Gilstrap: That is correct, Mayor Ferre;,there are no other-substanta-
tive changes to it. I would like to make a few comments in regard to this
before'you do decide to vote upon it. Basically I would like to point out'.
to you.that Southern Bell is desirous of obtaining a franchise agreement
With the City, however, we are not in favor of a proposal that calls for a
3% franchise fee, 2% of which will be passed on to the consumers. Since
'the. start of negotiations several years ago we favored the almost universal-
ly accepted 1% franchise fee in which there is no pass -on to the consumers.
Any fee over 1% you must look at it as a tax on telephone service and not..
as a rental fee for the use of the streets. Twice before we have asked
the voters to approve a similar ordinance and twice before they have.voted
'it down. Consequently we believe the proposed 3% agreement should not
again be presented to the voters and do not support such actions. However,
if you desire to proceed and pass this ordinance and place it on the ballot
on March llth and if the voters do decide in that election to finance addi
tional emergency telephone services -with a telephone tax we will,.of,course,
abide by that mandate, accept the franchise and put it into effect.
'Mayor Ferre: Let me correct you, you said emergency telephone' sere ces,
thinkyouu meant, you didn't mean emergency telephone service.
Mr..Gilstrap: I'm sorry, additional emergency;services,''excuse me.
tally that'is our position in regard to this ordinance.
Mayor Ferre: Mac, I understand what the official position.is of Southern.
Bell'-and,I understand why you have to do that -and I accept. that. Now, the
fact that the people of Miami - first of allit`is.not.factually.so that,
the people have voted for this precise thing twice before because what they
voted for before was not this at all. This.is a, slightly different variation..
Mr.Gilstrap: It is slightly different, yes.
Mayor Ferre: Secondly Yes, but J.:L.,.it didn't fly before because
we were tying it to athletic facilities and'thei.first one we didn't tie to
anything and what have you. In this occasion what in effect we're doing'
is we're saying, "People of Miami, we as the federal government reduces
your utility tax on your telephone, as it is reduced.. by the feds we're going
to, increase it in proportion so that your total payment won't be changing
and then we're going to use that money which is going to give Usa million
dollars a year hopefully for the improvements of the. rescue services,. that
the City of Miami renders through the Fire Department. And I think that.'
is something that the people of Miami are going to accept. Becau3e:I.want,
to tell you there are literally hundreds of thousands of people whose lives
have been saved by our rescue units and we need to increase from 5 to 6
units and there are a lot of things that we need to do to` improve this and
this is going to be a very, very important step in guaranteeing that our .`
fire rescue services remains'. the number one in the nation.
Mr. Plummer: That's fine, Maurice, and you know, let me` get the record
clear. I fully.; concur with that and I want to tell you that I fully con-
cur with 3% as being reasonable, I really do. Butyet,I have to offer it
to a referendum which the people have already defeated. Now, my concern
isthat we are now some two or, three years without a franchise and if we
are going to go back to the ballot again with conceptually the same figures,
3%, .1 2 and 3 conceivably it will be turned down again and that's my concern.
Mayor Ferre: Well. look,'J. L., two things.:
to your opinion and I'm entitled to mine.
Mr. Plummer: I want to present something that will fly.
Mayor .Ferre: Please, but I want to tell you. that I: completely disagree with
your perception that this is the same thing, this is not the same thing.;'
The' last time we went to bat on this we. said pay -this tax and we will'dedi
cate'it to sports arenas. Remember that? The people of Miami don't,want
to pay a Southern Bell Franchise Tax of 2% for sports facilities. And a lot of people told me, "Why should I pay any taxes for that?" Now it is a com-
pletely different matter if you tell people of Miami, "Look, that money,
that 2% which is not going to cost•you any more because as, the federal
government reduces theirs we will substitute for it so your tax will be any
more will be used for rescue services" and I guarantee you that the people
of this community are going to buy that. Now I made another prediction
about the Housing Bond Issue. The Housing Bond Issue was put before the
people of Dade County, they turned it down. We put it before the people of
Miami, they voted for it. Now I think the last thing I want to say to you
..118 .i AN 2 4 1990
is` -that I'm going to quote from you. -Every time we go up to these things;
you say I'm not:too sure I agree with this and i may vote against it but I
certainly am not going to deny the people of Miami.the right, to express
their opinion,; it's'their'choice.
Mr. Plummer: Exactly; -Maurice, and I'll say that again.but they: have had
their opinion expressed
Mayor Ferre: Not on this:
Mr. Plummer: Well, in this form. I'M:not opposed, to it,;I wish to -God it
would .fly and the,money could be dedicated to the Rescue Squad, I'm all in
favor of that...
Rev. Gibson:Mr. Mayor,,two things I would_;hope that:the peopleof this:
community will not lose the opportunity or the chance of getting this per
centage, certainly it will help, in our::rescue squad activity. I happen.
to be;a:living testimony of the importance of this rescue squad and I want
to tell everybody it is cheaper to pay this 3% than to lose your
than to lose your life. All: you, have to do is to come close to that loor
one :time. and you'll discover that all you have'was:just about gone.With this service within 5 minutes.in the City of Miami --Metropolitan Dade
County can't 'prod themselves on this-- within 5 minutes in the, City of.
Miami -you'll get, BAM, the guys are there,.:they do: something: about you aria
:Mani' let me tell you something. If you ever saw deaths door, you,know?.
And let me add, we haven't had.the 2� tied .on to thin -fire service. There
fore, since I happento be the recipient ofthat:service.i take"price"in
offering the motion.
Mr. Plummer: I think Father ought:to recluse himself on a conflict o
interest.
Gibson: Man, there's no conflict of i
'.'Rev. � � � interest of death.
Mayor. Ferre: Is. Chief Brice here? Chief, would you come up, here, please?`'`
Chief` Bride, before we vote on this I -:have one question of you because -,I,
think it is.the difference betweenpassing or not°passing this thing. Will
the Fire Department go out and help sell this concept?.,
Chief Brice: Absolutely.
Mayor: Ferre: With:conviction?
Chief.Brice: With conviction.
Mayor Ferre: Doyou believe this is the right thing we're doing?
Chief Brice: We definitely need to expand the Emergency Medical and I see
this as a valid wayto do it and a fair way to do it to our community.
Mayor Ferre: I just wanted to get that on the record..
Rev. Gibson: Mr. Mayor, I -hope to help the_Chief and us. When this thing
came up last time I don't. think .anyof.us were out there really stomping,
for. it. I would hope that we; the Commission, the whole administration
would be out there hustling trying to convince the people and: have.the argu-
ment for the people. All you have to do is go" to other municipalities or
other cities in other statesand.YOU begin to, yyou. will .come back to this
community with an abiding thanks, something, :we in the City of Miami and
Metropolitan Dade County haven't learned how to do is to thank people for
service. And man.... I'm ready: to.vote.
JAN241980
AN ORDINANCE ENTITLED
AN ORDINANCE GRANTING TO SOUTHERN BELL TELEPHONE AND
TELEGRAPH COMPANY, ITS SUCCESSORS AND ASSIGNS A
FRANCHISE GRANTING THE RIGHT TO THE USE OF PUBLIC
'RIGHT;'OF WAY TO INSTALL NECESSARY TELEPHONE EQUIPMENT;
PROVIDING FOR A ONE PERCENT FRANCHISE FEE, TO BE AUGMENTED
BY ONE PERCENT ON JANUARY 1, 1981, AND AGAIN ON JANUARY 1,
1982; PROVIDING FOR ALL PAYMENTS IN EXCESS OF ONE PER-
CENT TO BE DEPOSITED IN A SPECIAL ACCOUNT TO BE USED
FOR FUNDING EMERGENCY MEDICAL RESCUE SERVICES AND
EQUIPMENT; IMPOSING PROVISIONS AND CONDITIONS; REPEALING
ALL ORDINANCES IN CONFLICT AND CONTAINING A SEVERABILITY
PROVISION; AND DISPENSING WITH THE REQUIREMENT 02 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 toSection 4,Paragraph (f):of.the City;Charter dis
: penning with the requirement of reading same on two separate days by.o ote
of not less than four -fifths of the members of the Commission
:AYES: Commissioner-Joe.Carollo"
:.Commissioner- J. L. Plummer, 'Jr.
Commissioner (Rev.); Theodore R.,Gibson
Vice -Mayor-, Armando Lacasa
Mayor. Maurice A. Ferre
NOES: None.
Whereupon the Commission, on motion. of Commissioner Gibson and seconded
by Commissioner Lacasa, adopted said ordinance by the foliowing vote
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Vice Mayor Armando ;Lacasa
Mayor: Maurice A. Ferre
NOES: None.
SAID.ORDINANCEWAS DESIGNATED ORDINANCE NO.;9064.`
The City Attorney read the ordinance into, the public record and announced•`:.
thatcopies were g City Commission and copies
co ies.were available to the men ers.of the
were available -to°the public. :
241
22. CALL SPECIAL MUNICIPAL ELECTION - SOUTHERN BELL
TELEPHONE COMPANY FRANCHISE.
5,
The following resolution was introduced by Commissioner Gibson, who moved
its adoption:
RESOLUTION NO. 80-38
A RESOLUTION CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON THE 11TIi DAY OF MARCH, 1980, FOR
THEPURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE
CITY OF MIAMI FOR THEIR APPROVAL OR DISAPPROVAL AN ORDINANCE
GRANTING TO THE SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY,
ITS'" SUCCESSORS AND ASSIGNS, A FRANCHISE GRANTING THE RIGW'
TO THE USE OF PUBLIC RIGHT OF WAY TO INSTALL NECESSARY TEL'..2HONE
EQUIPMENT; PROVIDING FOR ONE PERCENT FRANCHISE FEE, TO BE AU
MENTED BY ONE PERCENT ON JANUARY 1, 1981`AND AGAIN ON JANUARY ].,
1982; PROVIDING FOR ALL PAYMENTS INEXCESS OF ONE PERCENT TO BE
DEPOSITED IN SPECIAL ACCOUNT TO BE USED. FOR, FUNDING EMERGENCY
MEDICAL RESCUE SERVICES AND EQUIPMENT; IMPOSING PROVISIONS AND
CONDITIONS.
(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 Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
23. AUT410;:IZE LEASE AGrZEE;;ENT WITH JULIUS C. SMI7H
FOR OFFICE SPACE AT 1026 N.W. 2 AVENUE.
Mr. Plummer: I've got a question. In the back up material, I think you're
getting the rent extremely cheap for $125 a month. I'm concerned about the
other dollars that are going to be expended or proposed and it's not part of
the resolution.
Ms. Spillman: Okay, what we're going to do is we will use staff of Interim.
Assistance on board already to fix the building up. So all we will be requir-
ing for that, there will be no labor charges, it will be staff time....
Mr. Plummer:- Dena, I'm talking about the $325 a month.
Ms. Spillman: Telephones..'..
Mr. Plummer: But I mean there's nothing . in this resolution to authorize it.
Ms. Spillman: Oh I see. Well, can we amend the resolution?
Mr. Plummer: All this resolution as 1 see it does, in fact, lease
the space
Mr. Grassie: Well, that's all you/heed. All we're asking for at this point
is authorization to lease the space. The rest of the expenses....
Mr. Plummer:: In the back up material it speaks to additional $325 a month
and that's not part of the resolution soas`I would. read it ...
1
Mr. Grassie: That's an operating expense, we
that sort of thing. 1
don't need a resolution for
JAN 2 41980
Mr.'Plummer The lease is not?
Well, the lease is a:,contract and we have to get that', authorized.
Mr. Grassie:
The following resolution was introduced by Commissioner` Gibson, who moved
its adoption:
RESOLUTION NO. 80-39
A. RESOLUTION- 'AUTHORIZING :THE 'CITY •MANAGER. TO ENTER.'INTO
LEASE AGREEMENT WITH JULIUS C. SMITH FOR THE LEASE OF
OFFICE SPACE LOCATED AT 1026 N.W. 2ND AVENUE TO BE; USED
BY THE DEPARTMENT OF COMMUNITY DEVELOPMENT IN ACCO!W-
ANCE WITH THE TERMS AND CONDITIONS CONTAINED IN THE
ATTACHED LEASE AGREEMENT.
(Here follows body of resolution, omitted here and on file
in the Office' of the City, Clerk.)
Upon being seconded by Commissioner Plummer the resolution was passed an
adopted_by-thefollowing. vote -
AYES:
' NOES: None.
Commissioner. Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
24. AMEND RESOLUTION 79-430 - FIFTH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS BY REALLOCATING
$57,186 TO COCONUT GROVE MENTAL HEALTH CENTER.
The following resolution was introduced by Commissioner'Gibson, who moved
its adoption:
RESOLUTION NO. 80-4P
A. RESOLUTION AMENDING SECTION 1 OF RESOLUTION NO. 79-430
WHICH ALLOCATED $658,987 OF FIFTH YEAR COMMUNITY DEVELOP-
MENT BLOCK GRANT FUNDS PREVIOUSLY APPROPRIATED BY ORDIN-
ANCE NO. 8943, ADOPTED JUNE 4, 1979, TO PREVIOUSLY APPROVED
SOCIAL SERVICE PROGRAMS FOR THE CONTRACT PERIOD COMMENCING
JULY 1, 1979 AND ENDING JUNE 30, 1980; BY REALLOCATING
THE $57,186 BALANCE OF THE $136,500 OF COMMUNITY DEVELOP-
MENT BLOCK GRANT FUNDS APPROVED SPECIFICALLY FOR THE COCO-
NUT GROVE MENTAL HEALTH CENTER OF THE COCONUT GROVE FAMILY.
CLINIC, INC. TO SUPPLEMENT THE OVERALL OPERATION OF THE
COCONUT GROVE FAMILY CLINIC, INC.
(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: None.
the resolution was. passed an
Commissioner Joe Carollo
Commissioner J. L.Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor'- Armando Lacasa
Mayor Maurice A. Ferre
•
Thereupon the City Commission
the evening agenda
took .Planning and Zoning matters from
JAN 241980
25. INCREASE ALLOCATION FOR WYNWOOD ELDERLY CENTER, INC.
BY $3,000 - FIFTH YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 80-41
A RESOLUTION. AMENDING. SECTION 1 OF RESOLUTION NO. 79-430
BY INCREASING THE TOTAL ALLOCATION OF FIFTH YEAR COMMUNITY
DEVELOPMENTBLOCK GRANT FUNDS FOR PREVIOUSLY APPROVED
SOCIAL SERVICE PROGRAMS BY INCREASING THE ALLOCATION FOR
WYNWOOD ELDERLY CENTER, INC. BY $3,000 FROM THE FIFTH
YEAR COMMUNITY DEVELOPMENT BLOCK GRANT CONTINGENCY FUND.
(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
adopted by the following vote -
Commissioner Joe Carollo:._
Commissioner J. L. Plummer,. Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A.4erre
26. GRANT PERMISSION TO CONSTRUCT AN ELECTRICAL SUB-
STATION ON VIRGINIA KEY.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 80-42
A RESOLUTION GRANTING PERMISSION, AS PROVIDED IN ORDINANCE
ORDINANCE N0. 6871, ARTICLE IV, SECTION 32,; TO CONSTRUCT
AN `ELECTRICAL SUBSTATION (VIRGINIA KEY SUBSTATION) ON AN
UNPLATTED PARCEL ON VIRGINIA KEY, AS PER; SITE, PLAN ON FILE;
ZONED R-1 (ONE FAMILY). DISTRICT.
(Here follows body of resolution,
in the Office of the City Clerk.)
Upon being seconded by Commissioner Lacasa,
adopted by the following vote -
AYES:
NOES: None.
here and on file.
the resolution was passed and
Commissioner Joe`Carollo.
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
27. ALLEY CLOSURES - BLOCK BOUNDED BY N.E. 18 & 19
STREETS, BISCAYNE BLVD AND N.E. 2ND -COURT.
The following resolution was introduced by Commissioner Gibscn, who moved
its adoption:
RESOLUTION NO. 80-43
A RESOLUTION TO RECOMMEND THE'OFFICIAL VACATION AND CLOSURE
OF PORTIONS OF ALLEYS WITHIN THE BLOCK BOUNDED BY N.E. 18TH
AND 19TH STREETS AND BISCAYNE BOULEVARD AND N.E. 2ND COURT;
IN CONJUNCTION WITH TENTATIVE PLAT NO. 1068 BISCAYNE FED-
ERAL PLAZA 1ST ADDITION" SUBJECT TO THE FOLLOWING CONDITIONS:
A) WIDENING OF THE WESTERLY. SIDE OF N.E. 2ND COURT FIVE FEET,
THIS CONDITION IS PART OF THE REQUIRED. SUBDIVISION ,IMPROVE-
MENT; B) RELOCATION OF THE TELEPHONE POLES AND LIGHT POLE
CLOSE TO THE ENTRANCE OF THE ALLEY ON THE WEST SIDE OF, N.E.
2ND COURT;.C) INCREASING OF THE CURVE RADIUS AT THE ENTRANCE
OF THE ALLEY ON THE WEST SIDE OF N.E. 2ND COURT; D)TO REQUEST
FROM METROPOLITAN DADE COUNTY, DEPARTMENT OF TRAFFIC AND
TRANSPORTATION THE PLACING OF NO, PARKING SIGNS ON THE EAST-
ERLY SIDE OF N.E. 2ND COURT ALL AS SET FORTH IN A LETTER OF
INTENT FROM THE BISCAYNE FEDERAL SAVINGS AND LOAN ASSOCIATION_.
AND FIRST CHURCH OF CHRIST, SCIENTIST ATTACHED TO AND MADE A
PART OF THE RECOMMENDATIONS.
(Here follows body of resolution, omitted here and on file
in the Office of the. City Clerk.)
Upon being seconded, by Commissioner Plummer,
adopted by the following vote -
AYES;
NOES: None.
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor, Armando Lacasa
Mayor MTN A. Ferre
BAN 2 41980
20. EXTEND REQUIRED TIME FOR REMOVAL OF TWO RESIDENTIAL
HOUSES ON PARKING LOT AT TAURUS STEAK HOUSE FOR
THREE YEARS.
Mayor Ferre: ... Now, does the department object to this?
Mr. Richard Whipple: No, sir, we had recommended originally that the houses
should be removed but that appears to be.... We have found no particular
problems relating to that request and we have no particular objection at
this time if the request is granted an extension.
The following resolution was introduced by Commissioner Plummer,,Who roved
its adoption:
RESOLUTIONNO. 80-44.
,A RESOLUTION EXTENDING RESOLUTION' NO. 76-1094 (PASSED AND
ADOPTED BY THE CITY COMMISSION ON DECEMBER 15, 1976), BY
EXTENDING THE REQUIRED TIME' FOR REMOVAL OF TWO RESIDENTIAL
HOUSES ON THE PARKING LOT AT THE TAURUS STEAK HOUSE, FOR A
PERIOD OF THREE YEARS.
(:ere follows body of resolution, omitted
in th{.: Office of the City Clerk.)
Upon being seconded by Commissioner Gibson,
adopted by the following vote -
AYES:
NOES: None.
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
here and on file
29. GRANT CONTINUED USE TO UTILIZE A PORTION OF ATHLETIC
FIELD FOR OFF-STREET PARKING FACILITIES -
EVERGLADES SCHOOL.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 80-45
A RESOLUTION GRANTING CONTINUED USE FOR AN ADDITIONAL. PERIOD
OF FIVE YEARS TO UTILIZE A PORTION OF ATHLETIC FIELD FOR'OFF,.
STREET PARKING FACILITIES AS ORIGINALLY GRANTED..UNDER RESO
'LUTION NO. 36719 AND AS AMENDED BY RESOLUTION NOS. 39207,`41258.
AND 75-8 FOR EVERGLADES SCHOOL, LOCATED ON LOTS 12.AND 13 AND
THAT. PART OF LOTS 10 AND 11, BLOCK "A", LYING NORTH AND WEST
OF COCONUT<GROVE DRIVE, BISCAYNE PARK TERRACE (2-26), AND LOT
20`SOUTH OF'BAYSHORE DRIVE AND LOT 11 (2-36), AND 25-FOOT
STRIP; AND CANAL SOUTHEAST OF EMATHLA, LOCATED ON SOUTH BAY -
SHORE DRIVE"AND EMATHLA, LOCATED IN' AN R-1 (ONE -FAMILY) DISTRICT,
ALL IN<,CONJUNCTION•WITH EXISTING AUDITORIUM BUILDING, SUBJECT,
TO COMPLIANCE WITH PROVISIONS OF ORDINANCE 8115 OR IN THE
ALTERNATIVE,' CLOSING SAID PARKING LOT AFTER DARK.
(Here follows, body of'resolut.on, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Lacasa, the resolution was passed an
adopted by the following vote -
AYES:
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner ) Theodore Gibson
Vice-Ma�ando Lacasa
Mayor Maurice A. Ferre
JAN241980
Nnrs: None.
30. EXTEND CONDITIONAL USE FOR.CONSTRUCTION OF A PUN
AT 3080 N.W. 16TH STREET.
The following resolution was introduced by Commissioner Lacasa, who moved
its adoption:
RESOLUTION NO. 80-46
A RESOLUTION GRANTING A ONE YEAR EXTENSION OF A CONDITIONAL
USE'AS LISTED IN ORDINANCE NO. 6871,, ARTICLE VI, SECTION
1(4-A) ,(a), TO PERMIT CONSTRUCTION OF A DEVELOPMENT OF A
PLANNED UNIT NATURE (P.U.N.)`ON LOT 2 LESS SOUTH FIFTY FEET;
BLOCK 4, KEW GARDENS BEING 3080 NORTHWEST16TH STRE'T,
AS,PER SITE PLAN ON FILE, CONSISTING OF FOUR (4) DWELLING
UNITS IN TWO (2) STRUCTURES,. ZONED R-2 (TWO FAMILY) DISTRICT
(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.
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
31. PLAT ACCEPTANCE - :'NATIONAL LINEN PROPERTIES.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 80-47
A RESOLUTION ACCEPTING THE PLAT ENTITLED NATIONAL LINEN`.
PROPERTIES, A SUBDIVISION IN THE CITY OF,MIAMI; AND ,
ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHOR-
IZING AND DIRECTING THE CITY MANAGER TO EXECUTE THE PLAT:``
.(Here follows body of resolution,
in the Office of the City Clerk°:`)
omitted here and on file
Upon being seconded by Commissioner Lacasa, the resolution was passed and
adopted by the following vote -
AYES:.
NOES:
None
Commissioner Joe Carollo
Commissioner J. L. Plummer,' Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Armando Lacasa.
Mayor Maurice A.'Ferre
26
JAN 2 41980
32.
COMMEND UNITED TEACHERS OF DADE ON ITS FIFTIETH
YEAR OF SERVICE TO PUBLIC EDUCATION.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 80-48
A RESOLUTION COMMENDING AND CONGRATULATING THE UNITED
TEACHERS OF DADE ON ITS FIFTIETH YEAR OF SERVICE TO
PUBLIC EDUCATION IN-DADE'COUNTY.:
(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 p4 ^d and
adopted by the following vote -
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
33. DESIGNATE PARKING STRUCTURE PROJECTS AS CATEGORY
B PROJECTS WITH RESPECT TO PLANNING & DESIGN;
APPOINT MORRIS I. KAUFMANN AS CHAIRMAN OF
COPIPETITIVE SELECTION COMMITTEE.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 80-49
A RESOLUTION TEMPORARILY DESIGNATING PARKING STRUCTURE PROJECTS
AS CATEGORY B PROJECTS WITH RESPECT TO THE PLANNING AND DESIGN
THEREOF, AND APPOINTING MORRIS I. KAUFMANN AS CHAIRMAN OF THE
COMPETITIVE SELECTION COMMITTEE, IN ACCORDANCE WITH SUBSECTIONS
(5)(a) AND (5)(c), RESPECTIVELY, OF SECTION 16-171/ OF THE CODE,
WHICH, SECTION ESTABLISHED PROCEDURES IN CONTRACTING FOR SAID
PROFESSIONAL SERVICES AND ALSO ESTABLISHED COMPETITIVE NEGOTI-
ATION REQUIREMENTS WITH REGARD TO THE FURNISHING OF SUCH SERVICES.
(Here follows body of resolution, omitted here and on file.
in the Office of the City Clerk.).
Upon being seconded by Commissioner. Gibson, the
adopted bythe following vote
AYES
NOES:
None.
resolution was passed and
Commissioner Joe Carollo
Commissioner J. L. Plummer, 'Jr.
Commissioner (Rev.) Theodore Gibson`
Vice -Mayor Armando Lac as a.
Mayor. Maurice A. Ferre
JAN 241980
rt
i' •
34 ENDORSE CLOSE UP CONCEPT & FLORIDA CLOSE UP PROGRAM
AS BEING WORTHY OF SUPPORT.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 80-50
A RESOLUTION ENDORSING THE CLOSE UP CONCEPT AND THE
FLORIDA CLOSE UP PROGRAM AS ACTIVITIES WORTHY OF SUPPORT
BY THE CITY OF MIAMI AND FURTHER ENCOURAGING ALL EFFORTS
TO BRING YOUNG PEOPLE AND THEIR GOVERNMENT CLOSER
TOGETHER:
(Here follows body of resolution, omitted here and on file
in the 'Office. of the City Clerk.)
Upon being secondedby Commissioner Lacasa, the resolution was passed an
adopted>by.the'.following vote-
AYES: Commissioner` Joe Carollo,
Commissioner J. L..;.Plummer, Jr.
Commissioner (Rev:) Theodore Gibson
Vice -Mayor ArmandoLacasa
Mayor Maurice A. Ferre
4
4
• n r yhtek;. 4' ; tad,
35. ACCEPT ECONOMIC ANALYSIS AND DEVELOPMENT STRATEGY
STUDY PREPARED BY GLADSTONE ASSOCIATES, INC.
The following resolution was introduced by Commissioner Lacasa, who moved
its adoption:
RESOLUTION NO. 80-51
A RESOLUTION ACCEPTING THE ECONOMIC ANALYSIS AND DEVELOP-
MENT STRATEGY STUDY PREPARED, FOR AND IN BEHALF 0? THE
CITY, BY GLADSTONE ASSOCIATES, INC.
(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
adopted by the following vote-
AYES:
NOES: None.
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
36. ACCEPT COMMUNITY ECONOMIC DEVELOPMENT DEMONSTRATION
PROJECT PREPARED BY THE NATIONAL URBAN DEVELOPMENT
SERVICES CORPORATION.
The following resolution was introduced by Commissioner Lacasa, who moved
its adoption:
RESOLUTION NO. 80-52
A RESOLUTION ACCEPTING THE COMMUNITY ECONOMIC DEVELOPMENT
DEMONSTRATION PROJECT, COMMISSIONED_ TO AND PREPARED BY
THE NATIONAL URBAN DEVELOPMENT SERVICES CORPORATION FOR.
AND IN BEHALF OF THE CITY OF MIAMI.
(Here followsbody, of resolution, omitted here and on
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson,
adopted by the following vote
AYES:
NOES: `None.
rt
file`
the resolution was passed and
Commissioner Joe Carollo
Commissioner.J. L. Plummer, Jr..
Commissioner (Rev.), Theodore Gibson
Vice -Mayor Armando Lacasa
Mayor, Maurice A. Ferre
JAN 2 41980
•37• ACCEPT COMPLETED WORK BY ORLANDO MENDEZ, INC.
FOR DINNER KEY RECREATION CENTER/EXHIBITION HALL.
The following resolution was introduced by Commissioner Gibson, who moved
its adoption:
RESOLUTION NO. 80-53
A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY ORLANDO
MENDEZ, INC. AND THE FIDELITY AND DEPOSIT COMPANY OF MARYLAND
AT A TOTAL COST OF $3,490,191.91. FOR DINNER KEY RECREATION
CENTER/EXHIBITION HALL; AUTHORIZING FINAL PAYMENT JOINTLY TO
ORLANDO MENDEZ, INC. AND FIDELITY AND DEPOSIT COMPANY OF MARY-
LAND IN THE AMOUNT OF $162,158.91; AND STIPULATING THAT
$87,807.62 OF THE FINAL PAYMENT BE HELD IN ESCROW AS DIRECT
BY THE U. S. DEPARTMENT OF COMMERCE PENDING RESOLUTION OF
CLAIMS BECAUSE OF ALLEGED DAVIS-BACON ACT RELATED VIOLATIONS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Caron(); the resolution was passed unr'
adopted by.the.following vote
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
CLAIM SETTLEMENT - VIOLETTA CHAVIANO.
Mr. Plummer: One of these days you guys are going to to to Tallahassee and
get no-fault sidewalks, I've been telling you that for years.
Mayor Ferre: Well why don't you do it since you were the President of the
Florida League of Cities, may I ask why you didn't take the initiative?
Mr. Plummer:
couldn't get the backing of my Commission.
Mayor Ferre: 0-h-h-h, well let me give you my backing, my whole hearted
support now. and Iwould like to appoint you as a committee of one to accomp
lish that for the City.
Mr. Plummer.: You give it to me now when I went out'of office October 26th.
Mayor Ferre: Well, you're still a vey powerful man, Mr. Plummer,
up and get that done and you have our whole -hearted support.
All right, on Pluxnrner's flag motion, seconded by Lacasa. Further discussion?
Call the roll.
so you 'go.
130
JAN241980
The foliowing resolution was introduced by Commissioner Plummer,'
who moved its adoption:
RESOLUTION NO. 80-54
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE
TO PAY TO VIOLETTA CHAVIANO, WITHOUT THE
ADMISSION OF LIABILITY, THE SUM OF $8,000.00 IN
FULL AND COMPLETE SETTLEMENT OF ALL BODILY .INJURY,
PERSONAL INJURY PROTECTION LIENS, AND WORKM:N'S
COMPENSATION LIENS, ALL CLAIMS AND DEMANDS AGAINST
THE CITY OF MIAMI, AND UPON EXECUTION OF A RELEASE,
RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND
DEMANDS
(Here follows body of resolution, omitted here andon
in the Office of the City Clerk)
Upon being seconded by Commissioner Lacasa
and adopted by the following vote:
AYES:
NOES: None
the
Commissioner J. L.'Plummer, Jr.
Vice -Mayor Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Mayor Maurice A. Ferre
file
resolution was passed
39.
APPROVE ISSUANCE OF PERMIT FOR THE EXPANSION OF
THE PORT OF MIAMI FOR LUMMUS & SAI'4'S ISLANDS.
The following resolution was introduced by Commissioner Lacasa, who moved
its adoption:
RESOLUTION NO. 80-55
.& RESOLUTION APPROVING. ISSUANCE OF PERMIT PURSUANT TO
SECTION 253.124, FLORIDA STATUTES FOR THE EXPANSION OF.
THE PORT OF MIAMI,; A DEVELOPMENT OF REGIONAL IMPACT,,
PROPOSED BY DADE COUNTY SEAPORT DEPARTMENT FOR.LUMMUS
AND SAM'S ISLANDS AND BAY BOTTOM LOCATED ON BISCAYNE
BAY -JUST SOUTH OF WATSON ISLAND
(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 passedan
adopted by the following vote
AYES:
NOES
None.
Commissioner Joe Carollo
Commissioner J. L.:Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
131
JAN 2 41980
Mr. Plummer: I'm sorry, I have one question. Mr. Grassie, on Item 27 on
the Orange Bowl Upper Level Concession Areas, we were afforded no plans. I'm
assuming that this is what this Commission was brow -beaten into to comply
for the serving of suds in the Orange Bowl. I think this Commission maybe
would feel a little more comfortable if we had a letter from that individual
who demanded that this be done, that this complies with his demand. (INAUD-
IBLE COMMENT) He.signed -the agreement, but does he sign the agreementthat
this'. which is being proposed to be done is in agreement with what he demanded?
I don't want him coming back and saying hey, that isn't what we talked about,
I. want another $500,000
Mr. Grassie: We can certainly get that kind of letter if you wish, and we'll
send youa copy of it when we get it. In fact, it is your option, what we
do so long as it has to do with concessions and the restroom facilities.
Mr. Plummer: I, Mr. Grassie,,will be happy to move it subject to a letter
being received that this expenditure of furids complies with that demand'. upon
the City for a half a million dollar expenditures prior to July 1. You can
handle that individually or you can do it in one swoop.
Mayor Ferree Is that a problem?
Mr. Grassie: No,
Mayor Ferre:
there's no problem with that.
we have to take that out and it separately?
i
Mr. Grassie: No I think that you have expressed a concern and we're.ind-
cating,to.you;,on the record that we're going_to get that letter, that it's.,`
not a problem and we'll send You a dopy.
Mayor Ferre: Let me for the;record say,that Plummer expressed it, Gibson
has just expressed it, I've expressed it...... So you have a concensus of
the Commission on the record.'' Okay?
Mayor Ferre: Before the vote on adopting items included in the Consent
Agenda is taken, is there anyone present who is an objector or proponent
that wishes to speak on any item in the Consent Agenda? Hearing none,.
the vote onthe adoption of the Consent Agenda will now be taken.
The following resolutions were introduced by Commissioner Plummer,
seconded by Commissioner Gibson and passed and adopted by the following
vote-
AYES:
NOES: , None
40.1
Commissioner Joe.Carollo
Commissioner J. L.;'Plummer, Jr.,
Commissioner (Rev.) Theodore, Gibson
Vice -Mayor Armando Lacasa.'?
Mayor Maurice'A. Ferre
ACCEPT COMPLETED WORK - CONVENTION CENTER PHASE I - SITE.
EXCAVATION; AUTORIZE FINAL PAYMENT TO JOE REINERTSON
EQUIPMENT CO., INC.
RESOLUTION NO. 80-56
A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY
JOE REINERTSON EQUIPMENT CO., INC. AT A TOTAL COST OF
$180,688.97 FOR CONVENTION CENTER, PHASE I- SITE EXCAVATION;
AND AUTHORIZING A FINAL PAYMENT OF $18,068.90.
132
JAN241980
40.2 GRANT SIX -AT EASEMENT AT 5050 WEST FIGLER STREET TO
SOUTHERN BELL TELEPHONE & TELEGRAPH CO. FOR COMMUNICATION
PURPOSES.
40.3
40.4
40.5
40.6
RESOLUTION -NO. 80757
A RESOLUTION GRANTING TO SOUTHERN BELL TELEPHONE AND
TELEGRAPH COMPANY A' SIX-FOOT 'EASEMENT OVER AND UNDER
CITY OF MIAMI PROPERTY LOCATED AT 5050 WEST FLAGLER.
STREET FOR COMMUNICATION PURPOSES.
BID ACCEPTANCE - ORANGE BOWL UPPER
AREAS.
RESOLUTION NO. 80-58
LEVEL CONCESSION
A RESOLUTION ACCEPTING THE: BID OF THE SABRE CORPORATION
IN THE PROPOSED AMOUNT OF $494,818, THE BASE BID OF THE
PROPOSAL, FOR ORANGE BOWL -. UPPER LEVEL CONCESSION AREAS;
WITH MONIES THEREFOR ALLOCATED FROM THE ORANGE BOWL ENTER-
PRISE FUND FROM ANTICIPATED RESORT`, TAX MONIES IN THE
AMOUNT OF $494,818 TO COVER THE CONTRACT COST; ALLOCATING
FROM SAID FUND THE AMOUNT OF $54,430 TO COVER THE COST OF
PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF
$4,948 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING,
TESTING LABORATORIES, AND POSTAGE, AND AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT WITH SAIDFIRM, SUB-
JECT TO THE AVAILABILITY OF FUNDS.
BID ACCEPTANCE - TRIPLEX MOWER FOR DEPT. OF LEISURE SERVICES.
RESOLUTIO
N NO. 80-59
A RESOLUTION ACCEPTING. THE BID OF HECTOR TURF & GARDEN,
INC. FOR FURNISHING ONE TRIPLEX MOWER FOR THE DEPARTMENT
OF LEISURE SERVICES; AT A TOTAL COST OF $8,085.00; ALLO-
CATING FUNDS FROM THE 1979-80 CAPITAL EQUIPMENT BUDGET OF
THAT DEPARTMENT; AUTHORIZING THE CITY MANAGER AND THE
PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS
EQUIPMENT.
BID ACCEPTANCE -;SOUND MOVIE EQUIPMENT - DEPT. OF POLICE;
RESOLUTION NO. 80-60
A RESOLUTION ACCEPTING THE BID OF IMAGE DEVICES, INC. FOR
FURNISHING SOUND MOVIE EQUIPMENT FOR THE DEPARTMENT OF
POLICE; AT A TOTAL COST OF $8,628.33; ALLOCATING FUNDS
FROM FEDERAL GRANT #79-AA -15-CG02; AUTHORIZING THE CITY
MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE
ORDER FOR THIS EQUIPMENT.
BID ACCEPTANCE - OFFSET DUPLICATOR FOR DEPT. OF BUILDING
AND. VEHICLE MAINTENANCE
RESOLUTION NO. 80-61
A RESOLUTION ACCEPTING THE BID OF A. B. DICK CO. FOR
FURNISHING ONE OFFSET DUPLICATOR FOR THE DEPARTMENT OF
BUILDING AND VEHICLE MAINTENANCE; AT A TOTAL COST OF
$7,295.00; ALLOCATING FUNDS FROM THE 1979-80 CAPITAL
EQUIPMENT BUDGET OF THAT DEPARTMENT; AUTHORIZING THE
CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PUR-
CHASE ORDER FOR THIS EQUIPMENT.
JAN 2 419SO
41. AUTHORIZE CITY MANAGER TO EXECUTE MANAGEMENT
AGREEMENT WITH BISCAYNE RECREATION.
Mayor Ferre: Under discussion, there were some members of the public here who
wished to be heard. Mr. Roth wants to speak, go ahead, Mr. Roth.
Mr. Fred Roth: Mr. Mayor and members of the Commission, the contract that you
are proposing to vote on tonight has been labeled as the amended contract. Let
me identify myself first, I'm Fred Roth, I'm a user of the marinas and I'm also
Chairman of the Marina Operations Review committee which is'a citizens advisory
board appointed by the City Manager. We had hoped that"the Marina Operations
Review Committee would have had an opportunity to go over this, contract after
it was amended, such was not'the case. I picked up my. copy of the contract at
5:00 O'Clock last night from Mr. Fosmoen's office, so that the committee as a
whole has not had an opportunity to review it. I personally have reviE _d it
and,I see very little in'the way of changes from the contract that you saw be-
fore. For instance, there is`still a discrepancy!; in two parts of the contract
regarding`5$ of the slips being made available to Biscayne.Recreation for broker-
age. In.the`first:part of the contract it gives them the 5% and in another
part'of`the contract'it: says the 5% must come out`of new slips which I think
.was -your intent. So'we have an error there. The other thing-that`-comes'to
my mind as I read it was,that the gasoline sharing profits with the"City;is
still at `:one en . ct., In this contract that I received it is"still one. cent,
that -has not been.changed`. I:readin the morning papers.that--the Miami Marina
proposed' contract L think shows 2 or 21 cents per gallon.
Mayor Ferre: Why are we only:getting l cent -when they other one is 2 or 2�
cents , Dfr Fosmoen?
Mr. Fosmoen: Sir, we're, getting from other contractors at Dinner Key,,it is
1"cent per gallon, it is consistent. with what we're getting in this area.
Mayor Ferre: Well, that:s fine when gasoline is 15 cents a gallon:,.
Mr.°Fosmoen: Mr. Mayor, also remember that most of this contract was .negot-
iated when gasoline was 45 or 50 cents and not the price it is today, it was
a year anda half ago.
Mr. Roth: I paid $1.15 cents a gallon last week -end for it. I just, again,
in my capacity as Chairman of the Marine Operations Review Committee I: must
say to the Commission and to the City Manager publicly that since you have
asked us to serve on behalf, we have met on a monthly basis now for a year
and a half and I think` we have given the. City Commission good input.. I
would have hoped that beforethis came before you again that at least that
committee which the City. Manager has asked to oversee day to day operations
of the marinas - and to provide input that we would have been afforded that
courtesy again. I have not changed my position, and again now I speak as
an individual and, not as the chairman of that committee, after a year and a
half of working with the City on the operation of Dinner Key. I'm convinced
that we need to do something. We've been trying to get a Dockmaster'sbuild-
ing built over here, we have the plans for it, we have the specifications
for it and we have the money we have over $200,000 in the account, the
projected cost was $125,000 or $130,000. We can't get it built, we just
can't move it. It then appears that the City is either unwilling or unable
to manage the property. We are deteriorating out here very; very quickly..
Our pilings if we're not given some attention within the next couple of
years, we're going to face a real problem. So again speaking as an individ-
ual, I feel that we've got to move forward, we've got to get out here, and
renovate this marina. I'rn opposed to spending $5,000,000 tearing it all
downand rebuilding it. I am in favor of the bond issue, taking a million
dollars of the bond issue and renovating the piers that we have, take four
million dollars and go to Virginia Key` and build a brand new marina. This
is what I would hope that the City Commission does. But this is not a
question that is going to have to be answered tonight. The question is who
is
,going to manage the property now.; 'The plain fact of the matter is that
nobody is managing it, it is deteriorating daily. I'd like to make one other
point and then I have finished. I wrote you, all of the City Commissioners
and to the City Manager back in November when you voted in principle to adopt
134
JAN 24198Q
this contract. I think that a lot of people have not looked at the pro-
posed budget for Dinner Key Marina. If they do they will find that under
the formula that we all established some two years ago that the dock rates
here must go up by at least 20% to cover the proposed budget. If the bud-
get that Biscayne must operate under by contract: looks: anything like the
budget that I prepared backing up those items that they have to pay for
it: would appear that we would have a 20% reduction rather than a 20% in-
crease. There is a possible saving here of $152,000a°year which is after
the management fee. This is why I as a user and as a property taxpayer in
the City of Miami, I think you've got to do something and you've got to do
it now. Thank you.
Mayor Ferre: Thank you, Mr. Roth, and let me saythat even though there.
have been differences over the last two or three years, and a lot of times
even I didn't agree with some of the things that you said I want to tell you
that youhave my very highest respect and that I;: think you are a dedicated
and an objective observer and a participant and I want to thank you, for
the many, many hours of hard work that you've put in.
Mr. Roth: Thank you, Mr. Mayor. We just want to see a new renovatedmarina
and we need more space.
Mayor Ferre: All right, thank your Mr. Roth.
Rev. Gibson: While you're here, sir,;I want to also say to you :how much
you and I are together. I haveonly one concern, I said this earlier today.
�I'madomisewhen the people;; were here about to storm this building. I
said, for God's sake trust me. I said promiseyou we're going to fix `
this place up. And I think more than anything I_; want` to see that, done' I
want>>.to keep ,my_,Promise becauseI knowhow hard,_it is to get people to trust
you and believe in you and I'll be so happy when this is over I wouldn't
know what to do.
Mr.'.Rothe I'd like to make one other suggestion if I might before I: leave,
that the City Commission-• and City. Manager, will give serious thought to con-
tinuing.the Marina Operations Review Committee as the committee to input to
the City Manager._ between the management company and the City Manager_since
I believe.we know More .about- the marinas both,financial and structurally
than perhaps anybody sitting in this room.
mayor Ferre: That's the Manager's decision. All right, thank you, Mr Roth.
All right, are there any other speakers at this time? I believe you do want
to speak. I would like to ask, Mr. Senatore, that you not repeat, we don't
want to go over the same things we went over this morning.
Mr. Ernie Senatore: I certainly agree with that, Mr. Mayor. I want to intro-
duce myself, I'm Ernie Sentore, President of the Miami. Marinas Association
and I'd just like to take a moment of your time;. to refresh your memory of
this morning's meeting, I'm not going to go over every point that I made
this morning, but I do want to say, gentlemen, that we want a first class
marina but we want it in a different way. We want a management agreement,
we want the right agreement. Let me say to you that you've listened to our
attorney this morning,.I submitted a letter with some corrections and changes
that I wish the Commissioners would look at before signing the agreement.
•I wish to make one more final legal point. If this Commission approves this
agreement now the Commission will be in flagrant violation of their own reso-
lution No. 79-633, Mr. Mayor, that's the Charter Amendment that we talked
about this morning, which we believe was written to protect the public and
insure the City:a fair rate of return for the use of the property. Number
2, the agreement does not comply with the City Charter and Code requirement
of competitive bidding. Number 3, if you comply by obtaining the required
independent appraisals after signing this agreement then you are circumvent-
ing your own safeguards that you instilled. Again, let me state both the
City Manager and the Assistant City Manager have refused to state that the
agreement as it standstoday, not as when they negotiated it 8 months ago
or two years ago, is it not in the best interst of the City. They will
not say. it is in the best interst of the City.; Why? ,Because they know it
is not inthe best interest of the City. Thank you.
Mayor Ferre: Don't go, stay there Mr ",Fosmoen, would you get on the micro-
phone? I. have heard you say that'itis in the best interest' of the City and
I don't understand what this is all about. Would you one more time make your
statement into the record.
Mr. Fosmoen: The management agreement•as presented is in the best interest
of the City. 135 J A N 2 4 B3
Mayor Ferre: At this time?
Mr. Plummer: That doesn't answer it, that's hedging.
Mayor Ferre: Well, he said it into the record, come on. The man said into
the• record - well he said, I mean, you know.... By saying it louder does
it make it more so or less so? He said it into the record. Mr. Grassie, I
assume that the Assistant City Manager who has spoken into the record is
speaking for the administration.
•::Mr.:,Graesie: That's,-;torreCt, Mr. Mayor.
Mayor Ferre: ' All right, now. that answers one of your objections. Now the
• other. objection I'm going to answer'this way which is the one regarding the
•: city Commission's authority. .' The City Cornmission always has authority over
- • ,
•
- the City Manager and I want to tell you that if I know anything, if .I've:
learned anything in the .last' ten: years, those people who live out there or
who have boat spaces will be screaming I,:every inch of the way and I have the
greatest respect for many Of • thein,-:I see Ike is back here smiling,'. T know
• that Ike is going to be here and God bless you, Ike, I hope you're ,h..:-.e,'GOd
save you and keep you hear for years to come because 1 !trt ,,stire-y6u '2.1 ,oe )keep-
ing us on our toes. I'm not too, 'Sure Murray_Dubbin will be too happy L.:.').cut.::.
that but aside for Murray.:.':.. H : , ::: -:':-.
Mr. Plummer: Mr. Mayor, 4o-,you:khow you go:.to:hell':,:forlying?
, - „ • . .: : . 7, , ,• ,
-•,:: : ' Mayor : Ferre:' No, Ike, '•.: I ' m not lying. Honest to : goodness,I :_ think: you ',. and
.
your:. associates. : keep : us on :;oui..toes .' Okay. Now, ;:with regards. , to:, your other
•
: two: points, which I think are substantive: ; in nature . •Mr. ..-City:.Attorney ,..:one.:-:.i
.. _
,:,....., , . ..- . „„•_,,
more time on the record, as ,,I..:understartd,,:there is'rnolegal2;restraint.:as:i you
•
said this morning for us: tc(Pass_thiS resolUtion,andthere iS:„noconflict,,,
: 7• ': ;, : :- •.: ':,,,': -_ .- ::: :_ : :..,:, --,_:,..,
as.I. understood your opinion,th
' between this arid. e:'Ordinance''Of::the*City of
Miami the way it exists?:
Mr. Knox: Yes, that's:correct,,sir.
•Mayor Ferre: Now, for those of You that didn't hea.r it because it wasn't
loud enough, he said yes, that is right.
Mr. Pltumner: No, "Yes, that is correct."
Mr. ‘Senatore: Am I to understand thert,, Mayor Ferre, that: in_effer..t the inde-
pendent appraisals as it was written in that are not required for the accept-
ance Of this management agreement at this point in time, is*that the legal..
Mayor Ferre: Mr.• Knox?
•
Mr. Knox: The legal position of the City, is that two independent assessments
are required and that this agreement will not become effective until those
have been provided to the Commission.
Mr. Senatore: Again, I understand as he said. In other words then tonight
You're just going to give the intent to the City Manager to sign the agree-
ment and then obtain the two independent appraisals post haste so that. they
will be in compliance with a signature. •
Mayor Ferre: And that is precisely what Dick Fosmoen said this morning and
unless he has changed his mind in the last ten hours I think that is what
he would say now and if I'm wrong, say I'm wrong. •
Mr. Fosmoen: No, you're right.
Mayor Ferre: All right. Furthermore, so that we don't have any problems,
would you when you get them post them on the bulletin board out there by the
marina, please? Would you do that?
•
•
Mr. Fosmoen: Sure.
•
Mayor Ferre: And would you also let the press know right away the moment
you receive those things, send a copy right away to the Miami Herald and
the Miami News so they can write a proper editorial. Okay? And let's get
that one behind us too.
1.36 JAN 2 4 1900
Mr.,Senatore: Mr. Mayor, can Ijust
Mayor Ferre: Wait, let's see what else we need to do to advertise these two.
Obviously if these appraisals say that what we have is not as good as what
weshould have then you '.re'going to have to call this Commission back into
session. Now what was the other item that we had to comply with?
Mr. Plummer: Beforeyou leave that one, I'm in a dilemna still. What in
the devil will be accomplished by getting appraisals for the purposes of
determining whether or not we'.re getting a fair return on our money? I'm
in trouble, if Iaconis is for me I am in trouble, serious trouble. Mr.
Mayor, I will repeat. What is the intent of an ordinance that states that
You get..
Mayor Ferre: It's not an ordinance.:..
mr. Plummer: No, I'm speaking of the Charter Amendment that states that you
get two independent appraisals is the terminology, and'I don't care what
terminology is using - for the purposes of determining whether or not you
are getting a fair return if you are passing this prior tothe appraisals:
I don't understand.
Mayor Ferre: With the condition, J. L., that shou1dtheSe appraisals not'
come in properly obviously this has:'to be brought back to the Commission.'
Mr. Plummer: And who is going, to make that determination?
Mayor Ferre: Obviously the City Manager' has. to supply uswith copies and
if any.membersof this Commission feel otherwise you can bring it up, plus
it would be a matter of law.It would be a violation of the ordinance.
Any Citizen could say.you can't do that, (1). (2)-_I might remind this Com-
mission that this not something that just came up out of the blue,, we've
been dealing_with this thing. for three years. .I think I, have;voted'on
this item at least '20.times. How many times do we need to vote on some-
thing? Now in the meantime we changed the game, we changed 'Ole rules of
the game on these people. I don't know how many times.. The,last`_time we
changed the rules was when we passed a series of ordinances that they now
have to complyh with. Well, comply with them. I'm sorry, you're going.
to'have 'to comply with it.
Mt. Senatore: Mr. Mayor, just one point, and I don't want to belabor the
point. If the administratiOfl was aware of the fact that they did have to
comply with this ordinancewhy were they prepared on November 26th oflast
year to vote. on this thing and nowhave still not had the two independent
appraisals that are necessary: so4 * we can review the management agree-
ment?
Mayor Ferre: :Mr. Senatore, in all fairness, in all fairness to everybody
you know` that those ordinances were a political tool, so to be blunt about
it during, the race for Mayor between race for Mayor between Rose Gordon.
and myself. She ,came up with something that she thought was going to really
put me in the, bind. ,Okay? And the fact is that I have pulled something
out of the hat and instead of having it in November we had it in September.
Do you remember. 'that? And as a matter of fact then it did not become an
issue in my campaign, at least I don't think it did even though I'm, sure
it did because I lost Coconut Grove, as you and I both know. I did not
win in these immediate precincts. I understand why. Fortunately therest
of the City ,did not have that same opinion and I'm still the Mayor. Now...
Mr. Senatore: Well, at least that attests to your ability as a
sir.
Mayor Ferre: It certainly is and;I thank you for that much. And my point
to youis thatat this stage of the game, you know, here we are, I'm still
the Mayor, that ordinance did pass, it was the will of the majority even
though, as I'm going tobe writing Marilyn. Reed, and I saw her a moment ago,.
in answer to her little note to the Cabinet, you know it barely passed even
though we were all for; it but here we are. Okay? In fairness to these
people it is a brand new ordinance and you know they're living with it,
that's. it.
mr. Senatore:
efforts.
Mayor Ferre: All right, anything else on this item?
1.37
thank you very much for your time, I appreciate your
JAN 2 41980
Mr. A. G. Sherman: ell Mayor and members of the Comm ion, my name is
A. G. Sherman. I'm President of AFSCME Local 1907. Just for some in-
formation input, what are the six employees who are presently on the lay-
off list which we have gone through the last two Commission sessions?
They have been requested by the Commission to find employment throughout
the City work force, there are six which are being considered now to be
rolled back and laid off and•I was wondering exactly about what time would
those six employees be terminated. Would it be effectiVe immediately or
would it be after Biscayne Recreation....
Mayor Ferre: I would hope that none of these people.
Mr. Grassie: The
Mr. Sherman: =Immediately or....
Mr. Sherman:... when it becomes effective.
Mayor Ferre: Are these people that Biscayne
tain,"is that it? I don't understand.
Mr. Sherman: Well no, the problem is, and we've discussed, were your con-
cern with those who were already employed at the marina. I'm concerned.
about the ones that those people have bumped which are now rolling back of
the 65 employees which we have brought up at the last two Commission sessions..
But Id like to ask that these people not be laid off and during the interim
period or the next 60 days before Biscayne Recreation takes over that if any vacancies occur that these people would have top priority in being con-
sideredfor those vacancies.
Mayor Ferre:I've got no problems with
that, . do you?
Mr. Grassie:. No, we certainly will make every effort to .place these people
duringthis period that you're talking. about, A. G. in other City employment:-
Mayor Ferre: I think it is important that we try to safeguard and guarantee
those people as much as we can.
thank you very much.
Mr. Sherman:, I appreciateit,
Mayor.•Ferre: All right,. is; there. anybody else that wishes to be heard?
All right, we have.a motion and:A second, h hear no further discussion, call
the .roll' on Item,'24c.:
The.following resolution was
its adoption:
RESOLUTION NO. 80-62
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED AGREEMENT BETWEEN BISCAYNE RECREATION DEVELOPMENT
COMPANY AND THE CITY OF MIAMI FOR THE MANAGEMENT OF THE
DINNER KEY MARINA COMPLEX, SUBJECT TO THE TERMS AND CON-
DITIONS SET FORTH THEREIN, UPON THE FURTHER CONDITION THAT
THE AFORESAID AGREEMENT SHALL ONLY BECOME EFFECTIVE UPON
THE PROPOSED ATTACHED ORDINANCE BECOMING EFFECTIVE.
(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
adopted by the following vote
AYES: Commissioner (Rev:)'Theodore Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: Commissioners J. L. Plummer and Joe,,Carollo.
•
ON ROLL CALL
introduced by Commissioner Lacasa, .who moved
an
Mr. Plummer: The one thing I've got to say is I'm glad that this is finally
the last vote. The second thing I haveoto say is I will be voting in the
Ternegative. I do not feel that it is �t deal that the City could make
.L JAN 2 41980
under prevailing circumstances of today. I do feel that the City could do
better, I want to once again reiterate / am the one, the very one who brought
this up to put it out to a management contract. I feel that it was a must.
I still feel that it is a must but I do feel that the City could negotiate
for better terms. I vote no.
Mayor Ferre: For three years we have been wrestling with this. I have sub-
mitted myself to the electorate on two occasions and this has been one of
the issues that I have been judged on. The City of Miami has without any
question been negligent in not building more marinas. It is my opinion
that rather than the 500 or 1,000 slips that we have total between moorings.
and slips and what have you that we should have 3,000, we should have three
times as many boat slips and moorings, that the need is just desperate for
it despite the fact that we have an energy crunch. The City of Miami has
permitted the boating center of gravity to move north and through the con-
struction of many marinas in Ft. Lauderdale there is more of a boating com-
munity in Broward County than there is in Dade County despite the fact that
we have obviously a population twice as large and that we have 30,000 boats
here and, therefore, since we have that plus the bay obviously Miami is a
much more significant boating community than Ft. Lauderdale but we have per-
mitted in many ways the center of gravity to move north because we hay.: not
done our job in building marinas. The time is long long overdue. I stE ,ed
this process well over three years ago and trying to focus attention on the
procedure. We met severe resistance from people in the marinas, from people
in the community, fear, both newspapers did everything they could within
their power to stop us. They tried ridicule, they tried editorial after
editorial, they brought up communities involvement, we had pickets, we had
hearings with people screaming, we've really been through the Nall on this
one and we have survived, we have survived all of that, we created a Water-
front Board, they approved it on two occasions. The Waterfront Board repre-
sents the whole waterfront community including environmentalists, the boat-
ing community, civic organizations, you name it. And this thing was ap-
proved as I recall on a vote of 8 to 1 or 7 to 1, I forget what it was ex-
actly but it wasn't a close vote, it was a strong vote. We have hammered
and hammered, even this morning we had a private citizen hammering away at
changing this thing. I just think that enough is enough, we've gone through
this process, it's now time for us not to look back any more but for us to
look forward, to get on with the improvement long overdue in Dinner Key.
The Commission and the City will still have final authority on rates and
everything else and it is just time to get on with the job and hopefully,
Mr. Grassie, I hope that now that this is behind us that we really get onto
the other areas in Miami and start building marinas. We need to build,
hopefully as I said, on the 14th of November when we were all sworn in for
this term that it is My intention to see at least 1,000 slips built during
the next two years or at least begun and so God willing we're on our way
now and I vote yes.
Rev. Gibson: Mr. Mayor, may I ask a question? We have another contract
say out on Biscayne Boulevard.....
Mayor Ferre: We've got 24d on this item too, shall we do that first and
then I'll recognize you?
Rev. Gibson: Please, Ck.
JAN 2 4 1980
42. NEND SEC..50-73 OF THE CODE - AUTHORIZE CITY MANAGER TO
TO ESTABLISH DOCKAGE RATES FOR DINNER KEY MARINA.
Mr. Roth: Would it be possible, Mr. Mayor, Commission, to amend and/or in-
clude in this resolution that the status of live aboards in City of Miami
marinas be reserved for the City Commission? I have great concern about the
status of live aboards under the management contract. I've been contacted
by Dr. Saul Mennikin....
Mayor Ferre: Well what do you mean it was settled in the contract?
Mr. Plummer: Well, it was settled, it was not addressed in
the management contract the freedom to do as they want.
Mayor Ferre: That's not so.
Mr. Roth: That's an area, as I read it, Mr. Plummer, they have the
to establish rules and regulations.
Mayor .Ferre: That'scorrect..,
Mr. Plummer: That's right, but there .was nothing in the.contract. That was
one of.the.-questionsI.raised. And as I was told; the, answer,. as. -I recall is
that the contract; was silent; giving them'. the right - them,:the, management
team - to se
t the rules-andregulations and there was'=nothing to lock'in.
right
Mr. Fosmoen:
Mr. Plummer By the City Manager, so in other words then am Ito understand..
by that that means that those that are there are grandfathered until the. City
Manager changes his mind?
Mr. Roth:
Mr. Fosmoen: Until Biscayne Recreation proffers rules and until the Manager
approves those rules that's correct. Now, if there is a change in those
rules then it may change the status of the live aboards if the Manager ap-
proves that change.
Mr. Plummer So what you're saying, is then you have precludedthe right o
this Commission, since no rules or regulations have yet been established
they are subject to only the approval of the City Manager.
Mr. Fosmoen
correct, Commissioner.;
By the contract . ...`:
Mr. Plummer: .The answer I was given, and I -don't want to go dig through,
this, it was my:understanding that there was no protection; of the live aboards,.;
that it was silence - silence gives consent.
Mr. Fosmoen: That same argument was made this morning that it was only the
Manager's purviewand':I think the Mayor adequately pointed out that the Com-
mission has fromtime to time expressed itsposition on a subject like that
to the Manager.
Mr. Plummer: Mr. Fosmoen, the Charter also provides that a Commissioner that
dwellsinto the day to day operation of the City is subject to removal of of-
fice too.
Mr. Roth: May I` give you some background, please, inour capacity again a
the Marine Operations Review Committee on that point?
Mayor Ferre: I'll recognize you in a moment but let's
the record let's see what he's. got to Say.
Mr. Bob Traugott: Mr. Mayor and;; fellow, Commissioners, three years ago we were
asked by the committee that interviewed us what our standpoint on live aboards
was. We were probably the only bidders that said that we were in favor of
live aboards'. We havemet with Mr. Senatore, we have met Mr. Roth, we have
always advocated the existence of li aids. However, we hav g14-,
that this is not wither� our province to determine thatiWe support the con-
cept of live aboards .311 if the City commission or any fther laws that were
passed, we could not supercede those. Our position has always been that we
support live aboards.
Mayor Ferre: Well then that's clear, what else do you. want? That
intent of this, it is on the record and that's that. What else is
talk about?
is the
there to
Mr. Roth:. I think I'd like again, if you will, I. agree with you, Mr. Mayor,
I think it is a good time to put it on the record and get the City Commis-
sion to do it because I have a fear. I've inet, as Mr. Traurig has said, I
did meet with him, I've met with Mr. Walker and I have nothing but the great-
est respect for their word. However,'I received a telephone call about a
month from a Dr. Saul Mennekin who represented himself as the leader" of a
senior citizens group and a principle in Biscayne Recreation and he told me
that it was his intent to ban live aboards.
Mayor Ferre:.
Mr. Roth:
Mayor Ferre:
Well, that's his problem.
This is; why I make the request to you tonight.
Dr. Mennekin is not here and that's his problem. Okay?
Mr. Roth: This is why I<`come to you and ask you to please put this into this,;.
ainendnent if you will.
Mayor Ferre: Mr. Mennekin is one of 100 community; leaders, and he is a comm'in
ity leader, he represents a substantial arnount of senior citizens. Now, that's
his opinion, fine, he's entitled to his opinion. He doesn't have a vote 'that
I know of on this Commission. Now you've heard the intent of the management;
corporation, you''ve heard the expression of the administration and I think, that
the Commission's"position is"emminently clear." Certainly, if' there is.no objec-
tions to the statements that were made`I think the: legislative intent is. ..
abundantly clear. Further discussion? Call -the roll.
AN ORDINANCE' ENTITLED-
:AN,;ORDINANCE AMENDING SECTION 50-78 OF THE, -CODS -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.
Was introduced by Commissioner Carollo and seconded by Commissioner
and passed on its first:reading by title by the following -•vote
AYES: Commissioner Joe.Carollo
Commissioner J. L. Plummer,'Jr.
Commissioner (Rev.) Theodore Gibson
Vice -Mayor Armando Lacasa'
Mayor Maurice Ferre,
Lacasa
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.
Mayor Ferre: Boy, I'll tell youI don't think in ten years<"of; Citygovernment
that I'vedealt with anything that has, taken more time or gotten more; attention
than this item.
Rev. Gibson: Mr. Mayor, 1 wanted to raise a question about that other con-
tract over there on Biscayne Boulevard that was being proposed at the same time.
And Mr. Mayor, I just believe if we have not made an affirmative action on that
contract we need to stipulate right now because what happens is we fool around
and those men come in here, say three years ago,and you know three years is a
long time, a man could go broke in construction by this thing. I want a time
certain. I don't want anybody to te.1.1 Me no---- I want a time certain when
we're going to deal with the tithe; contract.
Mr. Grassie:
Rev. Gibson:
now, Commissioner.
All: right, let me hear it, please.
141
JAN 2 1?
i er, the contract for Miamarin ji.th Tom Post an
Mr. Fosmoen: Commas. .1►
hisgroup was, reviewed and approved last night, or recommended to you las
night by the Waterfront Board by a 4 - 3 vote. We would expect to bring
that to you either the 12th or the 28th of February.
Mr. Plummer: Have you got the appraisals?
Mr. Fosmoen: I just found out it today, Commissioner. The contract will be:>_
submitted to several companies for comment on its reasonableness.
Rev. Gibson:; Well,
hope we could settle thatmatter.
it that Sorg was objecting to?
Mayor Ferre: What was
Mr. Fosmoen:
Mayor Ferre:
get into it?
Mr. Fosmoen: ,If you want, one of`the "representatives of the
Bill Harrison, who is the ].ease manager.
Mayor Ferre: Yes, what
I agree with Sorg.
Mr. Bill Harrison: Mr. Mayor and Commissioners, last night the Waterfront
Board, as Mr. Fosmoen indicated, voted 4-3. However, this morning Mr. Sawyer,
the Chairman of the Waterfront Board approached me and indicated that he
wanted to bring this management contract back again to the waterfront Board.
for review. Now I asked him, he was one of the dissenters in the vote last
night. He, meaning Mr. Sorg, not the Chairman.
was not at' the meeting, Mr. Mayor.
I"read that in the newspaper this
City was there,.
was it, I read it, and I"hate. to tell you but I yink
Mayor Ferre: Sawyer, the chairman.:
Mr. Harrison:
Mayor Ferre:
Mr. Harrison:
Mayor=Ferre: Well,
people -,and ;I said"that I
up with and I for One apt,-
front Board, recommends.
morning. You don't wantto
Yes, sir, Mr Sawyer was one; of the majority last night.
e wants' to bring it back for review?
sir.
he's entitled.to that. "You"know"_we did that. with these
would live with whatever :the Waterfront_ Boards came
-stuck" With that.-- You-know.I will do what the Water
-
Mr. Harrison He indicated that to me verbally this morning..
put" that. request in writing to the administration.
Mayor Ferre: Send it. back to
them
unless somebody"objects.
i42
I asked him to.
JAN 2 4 NO
APPEAL BY JEFFREY TARDIFF - VARIANCE ON HEIGHT
43.- RESTRICTION FOR FENCE AT 3590 CRYSTAL VIEW COURT.
Mayor Ferre: We have a request by a doctor who has 13 pending calls to take
out of order Item 7. Does anybody have any objections to that? Ithink that
is going to be a short item. Take up Item 7. This is an application
frey Tardiff of the Zoning Board's denial of a variance on the height restric-
tion on a fence at 3590 Crystal View Court. The Department recommended denial,
the Zoning Board recommended a denial 6 to 0, there was one objector present,
three proponents present at the Zoning Board. .Are there any objectors to Item
7?
Mr. Plummer:
Well, the fence is what, 91 feet, as I recall?
Mr. Whipple: 9.6►:I
Mr. Plummer: Well let me ask a question. Did you get a permit for a:Lance?
Mr. Aurelio Perez: We have a representative ofthe Building Department here.
Mr. Plummer: well, don't everybody speak
taone
vm
time,1meitanoI'd.r dhjustnlike
,
an answer, -I don 't care who -=does ;:.it. t Do y
Mr. Perez: Y
Mr. plummet: You're. shaking your heWouldn'td Yes, dwantuwork' for the,City?
to inconvenience you.,
glad'to hear that. Don 't get .up .I
what happened?
Mr. Perez: They departed from the permit.
think.
es.
Mr. Plummer: They departedfrom the permit?
Mr. Perez: That is correct.
Mr. Plummer: Who is they, the doctor? Is he the applicant?
Mr. Perez: The applicant in this case.
Well, how sharp is your saw? I mean, you know.
Mr. Plummer:
Mayor Ferre: Doctor, tell;. us your story.
Dr. Jeff Tardiff: My name is Jeff Tardiff, I live at 3590 Crystal View Court
where I also have my medical office. I had originally taken out a permit to
build an 8 foot wall around the property line because I had a theft problem
due to my medical office. And at the strong outcry of my neighbors I modified
the plan. I really•didn't realize at the time the complications that would
ensue from it. It's the first piece of property I've owned in my life and I
just bought it a year ago. I would like to keep the structure that is presently
erected. The overwhelming majority of the home owners in the immediate area
support me in this. I have a petition signed by a number of my immediate
neighbors which I would like for you to review. And I have three neighbors
who have written special notes concerning this and I'd like Judge Lyle Lieber-
man to present his thoughts to you and represent the neighbors who signed the
petition if I may.
Judge Lyle Lieberman: My name is Lyle Lieberman. For the record, I last week
resigned my position to make an honest living as a lawyer. I am not here as
an attorney but just as a neighbor in a solution that not everybody can be
satisfied by your ultimate decision. Jeff has given me letters from two other
neighbors, Barbara P. Keller and Dr. Marvin Dunn. I don't know if you wanted
me to read them but in essence they have no objection to this 10 foot fence
staying as it is, feeling that it is an asset to the property. My thoughts
on it are I would prefer that the was no fence at all in the whole area any
place but since it is zoned for at.least an 8 foot fence, Dr. Tardiff's other
alternative to put an 8 foot concrete wall I think would not enhance the neigh-
borhood and, in fact, would stop the flow of air from the sea where he is all the
way down the block. The only neighbor who is directly affected is Mrs. Gold-
stein who is objecting. She is my next door neighbor and a delightful one
•143 JAN 2 41969
Well
1/
and has made my tenure there very happy':and she's a lady of principle and
quite an advocate and I'd love to have to have her in:my l'aw, office. It
is very tough for me because they are both friends and neighbors. But I`
feel that Jeff'has chosen to use his property for a tennis court, tennis
courts need nigher fences and I have no objection to the variance being.
granted.
Mayor Ferret Now let's hear
Ms. Sylvia Goldstein: My name is Sylvia Goldstein, I live at 3560 Crystal
View Court, I've been there for 22 years. Dr. Tardiff bought this property
a year and a halfago and the first thing he said,he was going to put an
8 foot wall between, his property line and mine which, the property on that
side of my house is approximately -six feet from my house to his line. I
said to-dr. Tardiff, you really wouldn't be a considerate neighbor to put
an 8 foot wall" so close to my home and block all of the air. He says, well,
if you don't want the wall I'll put the. fence. I said well, that's a better
idea. I'don't really want anything but that's abetter idea. Well, Dr.
Tardiff took a permit out for an.8`foot fence and a part of the wall in front
of hishouse closer to the ocean. He went ahead instead of putting in an
8 foot fence he put in a 10 foot fence because if I said anything the, he
was going to pitin an 8 foot wall and block my air. Well, I didn't th`
that was very considerate and I don't think it is law abiding either because
he broke the law. when he pulled an 8.foot permit and put a 10 foot permit in.
Then he said well .he'd :put vines up. I said it looks horrible, it cheapens
the neighborhood, it goes from the sidewalk to the back. I'. have `asmall
piece of property, 75 X 80. I look out of my bedroom window, all I. see is
a 10 foot high fence and if the vines grow on it it will go all the way to
the roof of my house which means that any air willgo over it. So, of
course, his other alternative is to build an 8 foot stone wall if I' make
him cut the fence or take it out in any way.` Well, since I guess I will be
the bad neighbor but Ifeel that he is the one that brought on the problem,
I was not the one. And I would be willing to go ahead and let him inspite
of the 'air and everything' even leave the 10 foot fence asfar as to the
front of my home and if he would at least cut down the fence or put in some-
thing, a stone wall with wrought iron or something that would beautify the
neighborhood: It ruins the character of the neighborhood and I'm sure for
as many neighbors that,. might be for him if you look in your file you will
see that, there are neighbors ,objecting to _thisbecause it is not in char-
acter well, I'm" sorry, -there is something with .;the mail, they ;were °mailed,
in fro the previous hearing, I mailed them myself, I'm sure, five different.
people signed so there should be marks up there._
Mr. Plummer: Where is the departzneflt? You heard, what the lady said:;
Mr. Perez: That is correct, we received, thisitem was :deferred'by the
Zoning Board of 12/17 for1.....
Ms. Goldstein: I'm sorry,:it was not deferred.
Mr. Perez:
drawn.....
Ms.
'm sorry, that is correct, Itwas not deferred but it was with-`:
Goldstein:
o, it; was
passed 6 -.0 against.
Mr. Perez: No, that is correct, it was passed 6 0 against but in counting
the returns it is only the first time around,that we countthe returns then
when we mail out again wemay get the returns but themaps' arealready pre-
pared. And' it is true we got....
Mr. Plummer: Well what good is the mailing? What you're telling me is the
mailing isn't worth a damn.` If you've already got the maps prepared you're
painting me an incorrect picture.
Mr Perez•
Okay.
Mr. Plummer: No, it is not Okay. I mean what you're telling me
mailing out the 375 feet is a total waste of money.
is your
Mr. Perez: Two returns that we,received were received on the 17th which was
the date of the hearing, December l7th and they were received at 3:54. Now
the maps by then have been prepared. We close the posting on the maps at
1:00 O'Clock the day of the hearing. If anything gets later than that....
Mr. Plummer: What day was that?
144
JA N 2 41980
Mr. Perez: December t;,sir.
Mr. Plummer: Today is the 23rd of January.
Mr. Perez: That is correct, the map that we present to you is the map that was
projected at the time ofthe hearing with the Zoning Board.
Mr. Plummer: I don't understand. You are painting to me in effect a, picture
which, is not the true picture.
Mr. Perez:. We are painting to you the picture that was: presented to the Zon-
ing Board at the time the Zoning Board denied, in this case....
Mr. Plummer: It's immaterial. Are you
second mailing?
Mr. Perez: N
the deadline;,
telling me since then you've had a
o, I'm saying that when we receive the mailings back it was after
for posting for that night.
Mr. Plummer: Fine, but you still had a month
in which to color your map.,
Mr. Perez: But then what we have here is an appeal from the decision of the
Zoning Board and the position .of the Zoning Board was based on that there.
Mr. Plummer: It's immaterial. If you look at this map as I look at this map,;
and I've been in zoning now for 15 years, I would tell you there are no objec-
tors. Isn't that whatyou would say?
Mr. Perez:
Mr. Plummer
Mr. Perez:
That :' is . correct.
All right, when in effect and in fact thereare objectors.
Mr. Plummer: No, let's correct this situation.
Mayor Ferre: Correct it
Mr. Perez: The situation is as following: You are reviewing an appeal
based on the decision of the Board and what you have in front of you
is the material that the board had to make their decision. Now, the
board...in the process of taking this to the board, the items to the
board, we closed posting of maps at one o'clock the date of the hearing.
These came in later than that.
Mr. Plummer: My friend, I'll deal with that immediately after this
motion. Okay?
JAN 241980
Ms. Goldstein: I feel that Dr. Tardiff was well aware that there was
an eight foot limit. I mean, there is a matter of ethics and law.
Why do we give a permit, if anybody can 'build anything they want. That's
my question. The reason that property was in :the condition it was,
for Dr. Tardiff, Dre Lieberman, and Dr. Dunn to want to come to that
neighborhood was for people like me who fought all of these variances.
that were illegal and that was against the law. For twenty-two years
I've lived there and I don't think it's right for them tocome
in an
d
do whatever they want in spite of any law and I appreciate
Thank you.
Mayor Ferre: Doctor, anything, else you want to add? If not, whats,
the will of this Commission.
Mr. Plummer: Mr: Mayor,; the Doctor is at a distinct. disadvantage.
I have just, recently in my neighborhood within the 'last two weeks,',
had one of my neighbors who put up an eight foot fence.' Legal Complies
with the law. And`I want to tell you .something. My...
Mr. Plummer: I'm not unhappy because I:: don't have to look at it everyday.
But my neighborhood is up in arms. They really are. This is a house
that backs up on Dixiedaywhen
Highway. And_I want to tell you, every;
I'drive to work I lookat a fortress. Now, the point that I think that
I can'tsay even though it's what'.I understand, they are trying to
hide something behind that eight foot wall, and they are going to try
•
to operate an office. Okay? You don't put four phone lines'; in unless
you are going to operate an office oryou have eighteen children. And
especially whenone of the lines is a Watts, line. Now, you know, even
mykids', expensive as they are can'tafford that. Now, I hope. the
Doctor is aware that operating his office out of that residence there.
are certain criteria, Mr. Grimm, that I hope the Doctor has been made
aware of. That all employees must be family and live on premises or
you cannot operate an office. I hope you are aware of that. But I want
to tell you, at best, I would have to see this fence that exists, which
I have not done. But I want to tell you that from first blush, I would
be very, very much opposed to the situation. Doctor, let me ask you in
the spirit of compromise. Is there anyway that you can cut that fence
down from the front to an eight foot? Which is your only real objector..
Dr. Tardiff: If I cut it down, when you are playing tennis the balls go
over. And it gets to be a nuisance.
Father. Gibson: I didn't understand that.
Mayor Ferre: When he's playing tennis' the balls .goover.
Father Gibson: I see.
Dr. Tardiff: The balls go over. The tennis court fence that was
erected
erected is a standard tennis court fence which looks appropriate. If.
you cut it down it doesn't look appropriate. Haveyou ever seen
a tennis court fence that was eight feet tall? There all ten feet tall.
Ferre: Is it against the law for you to. put. up a ten foot tennis
Ma yor
or-_
'wall?
Dr. Tardiff: I'm sorry?
Mayor Ferre:
wall?
Is' it against the law for you to put up a ten foot tennis;:
Dr. Tardiff: Ten foot tennis wall?;
Mayor Ferre: Fence. Is it against. the law for you to put up a ten
foot tennis fence?
6 JAN 241980
1st
Dr. Tardiff:
Mayor Terre:
Yes.
Why did you do it?
Dr. Tardiff: I hadoriginally petitioned
I. had a theft problem.
Mayor Ferre:.
So why did
for an eight foot wall because
you put up a ten foot wall? ;'Fence.
Dr. Tardiff: Let me answer your question. I had a theft problem
At the time when I bought this house I couldn't afford the fence anyway
or the wall. I had applied for a wall not for a fence. At the request
of -my neighbors, which 1 come with a petition signed by twelve of my
neighbors who requested a fence, I. put up, a fence. When I asked my
neighbor, Mrs. Goldstein, what wouldshe like better because she
didn't want the wall, she ,"said "she ;would 'accept a fence. I sain, how
about a;standard tenniscourt fence because to make the parking"'ot.
look good I've painted it as though it were a tennis court. It's n
undersized tennis court but it, looks exactly like a tennis court. 1:.'s
narrower than_. a regulation court and it's just as long as a"regulation
court. I said, well do you think it would look good for the;neighborhocd
ifwe had a standard tennis court fence. And at the time she said
yes'." I can look back and say it might not be aware to her that a
tennis court fence is ten feet and not eight feet. At the time, I:
didn't really reflect that strongly the fact that the 2 feet was illegal. I ^tuall)
had applied for something,, that was eight feet. At her request I'changed
it to a fence. I; had applied for a wall not a fence. My neighbors
now have cotne to me after the fact and asked me would I. please appeal
this decision. They'd like to sign a petition. We have twelve signatures;_
of the immediate neighbors who arewithin three hundred and seventy
five feet who would like the existing fence. The fence likes about
five different colored vines on it which are very pretty. It's not
so easy to cut it down• by the way. It might seem up front very
easy to cut it down, it's a welded fence. The top bracketing is welded:
You have to completely dismantle': the thing.
Mayor Ferrer All right. I"think the Commission has, heard, all
sides of this thing. Now, you know, it's...either we approve it or w
don'tapprove it. What's the, will of this. Commission.
Mayor Ferre: Father Gibson.
Father Gibson: I'm in sympathy with the doctor but I have some strong
feelings about laws. You don't like them, don't violate them, work to
change them. I shall never forget my college professor. He's dead,
I'm alive but he lives in me because he taught me that much and it has
worked all my life. A law that works for you will work against you.
If you have a right by law to build an eight foot fence or an eight
foot wall I think you ought build your eight feet. If that's what you
want. To build a ten foot wall or a ten foot fence is a privilege, not
a right. And if we don't say to all of the people who come down here
from now on, we expect you to obey these laws. These laws were not
accidently made. These laws were developed out of a lot of trials and
tribulations. Doctor, I'm in sympathy with you. But you tell your
patients to adhere to what you tell them, you know, you take this medicine
three times a day or two times a day and all that, and if they don't
take it you become rather...rather. Okay. And you know, Doctor, I'm
in sympathy with you. My wife is a nurse by profession. But I want
to tell you, I'm going to protect...my vote is going to be to protect
that lady.
Dr. Tardiff: Reverend, I think...excuse me, but I think you have missed
the point. I didn't want a fence t9•begin with. Let me just speak
for thirty seconds. I never applied for a fence. I applied for a wall.
It is at the request of my neighbors, not my personal request. Personally,
right now I wouldn't mind at all taking,down.the fence and putting up
a wall. It gives me more protection. I am not here because of myself,
1117 JAN '4 di WOQ
and adopted by the following vote.:
AYES:
NOES: None
Dr. Tardiff (continued): I am here because of a petition that has been
signed by twelve of my neighbors who want a fence that they can look
through and not a solid wall, which I preferr because it gives me
more protection. I've had eleven break -iris in eight months.
•
Father Gibson: Doctor, the point I make, if you hear what lira saying..
You don't have aright to have a ten foot fence nor a ten foot wall. You
have a right to have an eight. foot fence or an eight foot wall. Either
you wish. I defend your right to get your eight feet. I defend her
right to see that you don't get a ten foot. That's the point. And
let me tell you something. One of the things we are discovering....now.
I'm going to say this for the record. One of the things we are
discovering is when people don't want to abide by the law they either
do it over the weekend or they get them a building permit. And they
are so sure that the Building Department is not corning back to inspect
that it doesn't really matter. We passed a variance rightover here on
•
McDonald. And I asked the Building Department...I just asked th m about
that. I wondered how we let those people do what they are doing. 'hit
nonetheless, you know where my vote is. I move to uphold the recommendation.
Mayor Ferre: All right. There is motion to uphold. Is there a second.
Mr. Plummer: Well, I want to second it but I also say I think it's
a mean marl that won't compromise. The lady has stated she doesn't mind
if he would cut it down in the back. Now, Doctor, if you don't want to
cut it down and you want your wall, your entitled to that. Okay?
(INAUDIBLE COMMENT FROM THE AUDIENCE)
Mr. Plummer: I would much rather, Father, i.t doesn't see..m like the
neighborhood is up in arms. I would much rather to see that these
two people get together and if they don't, then I will second the
motion without question. But...
Father Gibson: Let me do one other...say one other thing. One of the
dangers of not having the Doctor to adhere to the rules, if anybody
else in the neighborhood wanted to do the same thing, that person
goes to court and the precedent has been set. Isn't that right, judge?
Right. I have to like to God my future but the light of the past.
What happens is the precedent has been set and you can't convince any
judge, not even you, your honor, you can't convince another judge.
Mr. Pltunmer: I'm not going to fight the bible. I second the motion.
Mayor Ferre: There is a motion and a second. Is there further
discussion? Call the roll.
• The following motion was introduced by Commissioner Gibson, who
moved its adoption:
MOTION NO. 80-63
A MOTION TO UPHOLD THE RECOMMENDATION OF THE
PLANNING DEPARTMENT AND THE ZONING BOARD TO
DENY APPLICATION OF JEFFREY TARDIFF:'S REQUEST
FOR VARIANCE ON HEIGHT RESTRICTIONS OF A FENCE
LOCATED AT 3590 CRYSTAL VIEW COURT •
•
Upon being seconded by Commissioner Plummer, the motion was passed
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Commissioner J. L.Sqummer, Jr.
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
•
1(18
•JAN 2 4 1980
ist
44. PLANNING DEPARTMENT APPLICATION-MIAMI RIVER COMMUNITY
REDEVELOPMENT PLAN, ETC.
Mayor Ferre: All right. We're now on item number two. A resolution
Planning Department application, Miami River Communty Redevelopment
plan bounded by West Flagler and 5th Street between I-95 and 8th
Avenue, including acquistion and clearance, rehab, and redevelopment,
relocation, street improvement, beautification which plan is in
conformity with the Miami Comprehensive Neighborhood Plan. The Planning
Advisory:. Board recommended it in principle five to one. There are ten
objectors by mail, seventeen replies in favor by mail. Mr. Reid.
The Planning Department plan will be presented by '1 .Marien
Mr. Jim Reid:
Aran :; Spinrad.
Ms. Marien Spinrad: Good evening. My naine is Marien Aran Spinrad and I'm
pleased to be here tonight to be able to present to you the plan on the
Miami River Community Redevelopment. Basically, "I will give you a brief
history of the plan. .In 1977, the City Commission commissioned a consultant
from the firm of Wallace, Macharg,,Roberts and Todd to conduct a study of the
MiatniRiverfront.
Mayor Ferre: (INAUDIBLE)
can't hear. you.
Mayor Ferre: I was just telling. Plummer something he likes to hear, and;;
I don'tlike to hear and:, that is he's right again. He was right again.
Don't you remember youwere against this. . .the river thing and you said
it would never fly. Especially ..Isn't that what this is all about?
Plummer..he' doesn't remember.' I've got a better memory thanhe does.
When this thing first came here threeyears ago, Plummer said; you're on
the wrong side of the river. I. don't like the location, it will never
work.
Spinrad:
Ms.
Mayor Ferre: That's what I said..
MrPlummer: You know, if the Ayatollah as` I". told my good friend
Lacasa today, if the Ayatollah should pass away tomorrow, Father has
tried for years to bestow upon me that I am a prophet. Now, all I want
to tell you is I appreciate your recognition Mr. Mayor, but I also want
to tell you where it's being proposed there, it still not going to work.
Okay? Now...
Mayor Ferre: That's all right. 1 have a feeling it will be the same
vote as it always `_ is.
Mr. Plummer: Eventually, I told you before, if you put it were it belongs
you are going toeliminate the cocaine distribution center of South,
Florida; and that's those damn bannana boats. I told you that before
I'm going to tell you that again. You are impractical. You heard a
man stand here and: say...
Mayor Ferre: Plummer, I take back what I said. I'm sorry I said it.
Lets get back to you.
Ms. Spinrad: Basically, the Wallace, MacHarg, Roberts and Todd, recommended
the development... this is the Uallace, MacHarg, Roberts and Todd recommendation,
which was approved in principal by the Commission in 1978 and it was
also accepted...the concept of the Specialty Center to be developed in
this area, here at that time." Since the, the Planning Department
109
JAN 241980
Ms. :,Spinrad:,(continued): has prepared a redevelopment plan. And this
plan was presented to the public in July of 1979, and to the Planning
Advisory Board in the same month. There were serious problems that
arose out of the development of the specialty center on this side over
here. Basically, the most severe problems were the reluctance of the
property owners, those related with the marine related industry, andthose.
located along the property on the river, to sell their land. There
was also another goblem that we had an odor coming out from the sewer
vent in this corner over there, and it...since one of the premises of the
specialty center is to have a number of restaurants, it wouldn't really
govery well to have a restaurant with the odor emanating from this
side over here. And in addition, one thing that really impacted our
change on the side onthis, was the loss of the marine related:
activities and the docking areas in this part of the river because
this area of the currently is really quite intensely utilized. As
a result of these findings, we conducted further studies and engaged
the consultingfirm of. Greenleaf-Tellesca to advise us on the ma•imazation
of the docking and to integrate the marine: facilities in theare is '.ntO
the design of the specialty center. Greenleaf-Tellesca recommended chat
given the problems that :we encountered, we move the site to the other
side of the river which is this side over ,there that we are looking at
tonight. In general, the redevelopment' area is located...theredevelopment
area is located in the proximity of downtown, Miami just West of the Cm.
or the downtown as; we; like to call it down here. It is right next to
the government center. It is quite close to the proposed New Town In
Town, the OMNI Center to Overtown, the Civic Center and to Little
Havana. We believe that once we get the specialty center site going it..
would be an attraction for the shoppers downtown,the tourists and the
people that will be, coming to the Knight Convention Center as it is quite
close. It is within walking; distance. As a matter of fact, the actual
walking time between the government center and downtown is about eighteen
minutes,'. and I'm quitea slow walker. This is basically...you know, the
general location of"it, ..the immediate boundaries of the area are I-95...
theyare. basically anyway I-95 on the Eastern boundary, Flagler Street
on the South, Northwest'8th Avenue on the West, and Northwest 5th Street.
on.:the !North. Theexisting problems that we have in the general area,
this .is:now the whole redevelopment area, is that the area has been in
a very slow state of economic and physical decline for the past twenty
years. There is very little economic activity now being generated in the
area. .It is actually negligible if you discount the marine related
activities that are located there now. There are .,quite ra:few marine,
related activities in the area but that's really the only economic thrust
that the;. area has right now. Specifically, "twenty-five; percent of all
the housing in the area is inneed of major repairs. Lummus-Park right
now isinrather poorcondition as a City park, even as a park of:any
sort. It is really: congested with a number of buildings. There is a
poor pedestrian flow and it is a rather under-utilized park.
Approximately sixteen percent of all the land inthe area is vacant.
Unfortunately, there is a high crime rate in the area. Particularly
in crimes against
g people. The area this section of.the area is called
Viet Nam because according to that, you have to fight for your life to
stay alive in there. The...there is high unemployment level, about
thirty percent of the families living in the overall area are receiving
some sort of public assistance, andone of the problems is that a large
percentage of the original structures, you have to keep in mind that ,the
basic thrust of development in this area occurredin about 1920's,: 1930's.,
The majority of the buildings here are old, frame single family_ houses.
And quite a number of them have been reconstructed, are actually.
converted into rooming houses and what is now called group care
facilities. Sixteen percent of all the group care facilities for the
City of Miami are located in half of this section. Basically, it is
about two blocks of this area over here. The objectives of the plan,
therefore, are to take the advantage, to the Miami River, the proximity
to downtown, and to increase :he economic and the physical development
of the area to stop the process of decay, increase employment opportunities,.
particularly as we develop the specialty center over here, which
provides employment for approximatlely sixty-five unskilled and twenty
150
at JAI` 2 4 WO
Ms. Spinrad (continued) skilled persons on a full time basis. To increase
the tax base, to improve the security by. increasing the activity in the
area, to create new housing opportunities close to downtown and to
reinforce the most significant sectors of the regional economy which
are tourism, the retail trade and services. Now we intend to
accomplish these improvements to the area by a certain number of very
specific actions. The first, and I believe the most important, is the
creation of a specialty center. A specialty center is a shopping and
recreational area with a unified specific theme. Which in this case,
we belive, would be the themeof the river.. It is anchored by
restaurants and it offers a number of'unusual merchandise and amenities.
This particular specialty center that we are proposing in this location
over here will have approximatelyfive hundred linear feet of river
frontage which is all currently City owned. land. Wewill have no problem
with displacing the owners of.marine .related activities because. this
is already City land. It will occupy approximatley six and ;one "alf.
acres of space. It` will, whenfinished, have...it will; have appro'•imately
seventy-eight thousand square:, feet of leaseable space, in a buildi..g
somewhat to the looks. of thisItwill have parking on the other sida;
for approximately four hundred and', fifty cars. Now the cost to all this,
we expect it to be'approximately five million dollars.. Two million of
which will be for the land acquisition costs.Monies for this acquisi',ion
have been approved by the Commission through Community Development funds.
And we have, you know, that already .monies already available for this.
In, additionto the creation of a specialty center, wewould like to
develop some medium density housing on the site of what is now. the.
Sherman Hotel: Which incidently burned, the two top stories and the
roof burned down a couple of weeks ago and it is no longer habitable.
It is empty as it stands, or so the BuildingDepartment;tells us. We
would like to use a site on this....which is a sixteen unit apartment
right now, which are the only people we are going tobe displacing
in the area, are the residents of this. Which I understand•is something
like a combination -hotel rooming house. There are sixteen units there.
.;Plummer: Where areyou talking about?
Ms. Spinrad: Right here. On the river itself.
Mr. Plummer: On the river itself?
Ms. Spinrad: t is the Lucious Williams property, if you re' familiar
with it. -
Mr. Plummer :'' There 's an apartment there?
Ms. Spinrad: There is sixteen units. It is a very small building,bul
there is sixteen units inside.
Plummer: I know the Pioneer Club..
Ms. Spinrad: It's right next to the Pioneer Club. Just South of it.
The Pioneer Club is right here...it will be right there. It's very
narrow just on the street. In addition to the relocation of this
site from marine related activities, we intend to rehabilitate Lummus
Park so that it becomes more useable as a neighborhood park. And we
also intend to do an urban design for the general area. As part of
the urban design for the general area, we intend to improve the
pedestrian flow, we intend to improve the landscape of the general area
and perhaps come in with some street furniture and in general create
an area of amenity within the streets of the area.
Mr. Plummer: What are you proposing for the dark green or the aqua?
Ms. Spinrad: Here?
Yeah, there.
Mr. Plummer:
ist
JA N 2 41980
ist
Ms. Spinrad: The improvement of Lummus Park. There are some monies
already allotted for a design of Lummus Park right now and...
Mr. Plummer:
Ms. Spinrad:
Mr. Plummer:
Ms.
Spinrad:
Mr. Lacasa:.
Ms."Spinrad:
Mr. Lacasa:
But that's a private developer.
This here?
No, on the other side to the right.
This? I don't understand.;
The dark green.
The dark green. That's Lummus Park.
That's the park.`'
The aqua.
That.
Mr. Plummer: That's Lummus Park now?
Ms. Spinrad: In addition to that, we are proposing Section VIII
rehabilitation through a federal program' which is. Section VIII.Hou.ig,
which we hope will serve' as a catalyst for private ,>investment :in the
area. Which we also hope will serve to bring in some more,in-fill,`
housing which is already happening on this side of the river and other
rehabilitation of older units in the area. We expect to expand the
docking facilities' in the Lummus Park property as well as in the
area of the specialty center. we intend to maintain the .marine related
activities and to strengthen the commercial areas, both on 5th Street
on the North and on Flagler Street on-the'South. Basically,we.find that
the advantages of this particular redevelopment plan," as I mentioned
earlier, is that we are displacing very few people. There are only
sixteen residential units. In other words, a maximum of sixteen
families that we will be displacing. And there are only nine commercial.
units that we will•be:displacing in this area. So'overall,,for a
redevelopment plan this is really a very low social cost that we are
talking about. The initial funding for this plan, for the plan
acquisition, demolition and relocation, are provided by Community
Development monies and as I mentioned earlier, some of that money has
already been earmarked f cr the acquisition. The construction funds
and the general development of the specialty center could be obtained
through private financing along with an urban development action grant,
or a land right down, or perhaps an economic development
administration grant. It all goes well, the expected completion date
would be 1982 and I'd like to conclude my presentation by requesting to
you tonight that you adopt this plan in principal, and in the future,
not hopefully very far, we will be bringing back to you and to the
County Commission, a detailed acquisition plan for the land. I'd be
happy to open any question you may have.
Mayor Ferre:
Mr.,Carollo?
Mr. Carollo:
Okay. All right.
Where is
Questions from members of
the Flagler:.bridge there right
the Commission?
in there?
Mayor Ferre: All right, opponents. Are .there opponents who wish to
be heard at this time? "Anybody wish to be heard?
Father Gibson: There is a man over there.
Mayor Ferre: Please, come forward, sir. Tell us your name and address
for the record and your concern.
Mr. James Bishop: Mr. Mayorand men of the City Commission. My, name
is James Bishop. I reside at 1700 S.W.. 83rd Avenue. I own three
parcels•. of• property in the...on the West side of the river.
Mayor Ferre: The West Sider: That's the non -affected side.`
N241
0
You're right.
Mr. Bishop: Right. Gentlemen, just a personal statement before.I sort
of submit a written formal thing here. I have enthusiastically really
been in support of the Miami City Commission's serious attempts to
improve, to beautify, and to make accessable to the public, and also,
to integrate the Miami River with all this authentic activities, the
sites and the smells into the life of the community of Miami. I
connend you for that. I feel personally, that this present plan,,,
when they say the intent and purposes of this plan are. —say on the
third page oftheirpresentation, to convert a section of the Miami
River into airegional attraction, and also item six, to create a
linkage between the government center,downtown, and the Little Havana
area, I really don't think this plan accomplishes those purposes. The
previous plan in its basic concept of being integrated into the West
side by a ferry and other imaginative ideas of having a skylift type
thing to bring people over across the river...my understanding i- that
they expect; forty thousand people'a day;just to come to see the
attractions, the cultural center they are planning already in the i. ,r
government center. I. saw the, other plan, the other proposal as being
very imaginative, very unique, very workable and a very, very good idea...
very...in concept. Let me just present this. I am here on behalf
of a number of land owners of, property in the area that was previously
slated for development as a latin specialty center by the Miami
Planning` Department. Now this specialty center location was changed
becaused of inaccessabilty to several pieces of prime waterfront '.
property. Myself and the other people I represent have been anticipating
for two'years..Acting back in November of 77, I' first became aware
of this specialty center. Final approval of this plan, and the initial
moves... we are waiting for the initial moves to begin a face-lift on
the West side of, the Miami River. That plan has falien through and all
plans fordevelopment have been directed to the East side of the river.
Now we hope that you realize that no matter how much work and beautification
takes place on the East side of the river, it is stil]. going to leave
a_Miami River that is half improved. What about the West.. side. Had
the West side been redeveloped as a specialty center the Miami'River
and the West side would have been incorporated into the whole downtown
beautification plan. As it now stands, the City Planning Department
has...for isolating all improvements to the East side of the river. If.
it is within the Commission's ability and authority to do so, we would
like to see the original plan implemented.- People have been geared up
for this project for two years. If you cannot go with this, some forin
of incentive has to be set in motion in order to initiate and: sustain
needed redevelopment activities on the West side of the. river. At the<;:'.
Advisory Committee meeting I attended on December the 5th, 79, I` heard
an objection expressed regarding the lack of community ` -involvement
in this specialty center plan. Those of us on the West side ofthe
river have desired to become involved in the overall plan of upgrading
the appearance and workability'of the Miami River area. Present
zoning is an R-4 which to a large degree limits all dwelling to usually
just a two story housing. Our ability to do anything is limited by
the zoning restrictions. A zoning change to an R-5 would provide
opportunities for development of much needed housing, possible of modern
highrises overlooking; the Miami River, improvements in the Lummus
Park area and downtown areas. I have with me a petition signed by the
landowners of property of property in the former phase I area.
Mayor Ferre: Let me answer you because I...you're putting your finger
on a very serious problem and I thin perhaps we can cut through this and
satisfy you to some degree and you can submit that statement in for the
record. We want to do what we started out to do, what three years ago?
Mr. Bishop: November, 77, I know but...
Mayor Ferrel. There are
along the river. A lot
know. whether Mr. Cox is
gentleman is who?
several people in this community who own property
of property. And I don't mean to create..Idon't
here tonight,_:he't one of them. And the other
JAN 2 41980
ist
1
(INAUDIBLE COMMENT FROM THE AUDIENCE)
Mayor Ferre: Well there are two or three key property owners. And
we've run into these people before and I'll tell you, last time
it just took us years and years and years to cut through. And they
simply do not want to do anything to improve what we think is improved,
but what they don't think is improvement. They are violently
opposed to anything but what they have. They want that to be industrial
and they don't want any changes and they don't like the new comers
to the community, and they want the community to be like it was when
they were young men and women forty years ago in; Miami, and on and on,
and on. And they have fought us tooth and nail in every single thing
that we've tried to do on that river. And I've got to tell you
something, we beat them last time, we really didn't brat them, they
beat us because we had to end up paying a lot of money for their land.
They beat us this time and we just can't resist...we can't sit here and
wait longer. We don't have the money or the time and in this case,
the patience to do it. I'm sorry because it was a good idea, it was
a good project. You'reright, the West side of the river desperately
needs some help. Now, in view of the stone wall that we've hit, we
really have no choice now but to go where the going is a little bi
easier. Hopefully, to instead of doing nothing for another three years,
to get somethinggoing on the East side, with the idea that maybe time
will take care ofthings and maybe.../mean, I don't wish Mr. Cox or
the other people any ill will but time takes care of things and perhaps,
hemight change his mind or he may go to better things someplace else
and somebody else might own the property and then we can come back and
look at it again. In the meantime, I.' do think that we ought to look..,;,
at incentives, like you put out for developmenton the West side of the
Miami River. There is a problem. The law. The Constitution, in this
case, of the State of. Florida. The Constitution of the State of Florida
prohibits certain things. We, are now. we<were very close to a break
through with Miami Beach and since the Miami Beach Commission decided
to reverse its position on redevelopment, what they did not only
affects the redevelopment of South Beach, it affects Miami too. And so
we now have to start all over again and look for a test case where we
can push this thing through and hopefully, someday we'll be able to.
come up with an incentive system for land redevelopment. I hope that...
Mr. Reid, your department will give that top priority. I' don't know
what else to tell you.
Mr. Bishop: Let me just ask. Are you referring to Backoff from waterfront.
Is that the, type of thing? Easement?;
Mayor Ferre: Yeah. That whole Viet Nam area especially the riverfront,
andthat propertyclose to the riverfront. I don't know what to tell you,
know. I wish I` had a solution.
Mx. Bishop: Well just one thing. Our requesting a• zoning change, we feel
at least on that side of the river, it is the Latin side, there is a lot
of activity going on.
Mayor Ferre: I would willing to accept a motion, or if not, I'll offer
a motion, that that whole best bank from Flagler Street North over to
the 8th Street bridge or whatever that bridge is up there...5th Street
bridge along the river...West side of the river be considered for a...
be restudied for zoning...for a,zoning change. I think that might be
one thing we can look at. Okay? Would you submit your paper to me so
we could put it into the record. The Clerk.
Ms. Spinrad: I forgot to mention that one of the proposals for the
area is that we reconsider the zoning of the Western section or the
Southern section...
Mayor Ferre: Yeah,that's whatI just said. We're going to pass
a resolution to that affect right now. All right. Are there further
dissenters that wish to be heard? Yes, ma'am. Come right up
(INAUDIBLE COMMENT FROM THE AUDIENCE) `.
JAN 2 41990
Mayor Ferre: :;.That'is.correct, ma'am. Yes, ma'am. We're not going
to do anything at the West side at this time. All right. Further
discussion? Is there a motion then on item two? Is there a motion
on item two? Is somebody going to move this thing or are'we going sit
here or what? What's your will?
Mr. Plummer:
Mayor Ferre:
Mr. Carollo:
Mayor Ferre:
Mr. Plummer:
Mayor Ferre:
make a motion to deny.
Plummer moves to deny item two.
there a second?
Second.
There is a second to deny. Further discussion?
Did you start to call the roll?i
No,
I'm waiting for Father.
Mr. Plummer: I want to remind you that if you eventually put that:..
place where I recommended, there will be no; relocation at all. It 16_1.
only be two blo�ks from the downtown. It will only be one half a
block from the new Convention Center and I think it would. get an awful
lot more; play, a lot more use, and it would eliminate a";bad situation
that exists today.
Mayor Ferre: All right Here's where we are. The Planning' Department
has made an application to...in conformity with the Miami Comprehensive
Neighborhood Plan, to, move forward in some of the work on the East
side of the river. Specifically, at Northwest 5th Street between I-95
and 8th Street including the acquisition, clearance, rehabilitation,
redevelopment, relocation, street improvements there. This is going
to be the new thrust for what was called. the Latin Riverfront Park. I
personally think it is a very important project. We picked the wrong,
location. Okay. :.Now, we made that mistake' now we're on the East:. side.
Now, the motion has now been made by Plummer to deny. In other words,:;
we're not going to do anything on the river.
Mr. Plummer: No, no, no, no, no,
offer another motion."
no. If that passes, I'm ready to
Mayor Ferree: Well...tell me what your other, motion...because it
awfully destructive to ine.
Mr. Plummer: To acquire the property that I had spoken about before
I`still speak about as the ideal location for...
mayor Ferre: Which property is. that, Plummer?
Mr. Plummer:
boats are.
The .Miami Avenue property which is now, where the banana
(INAUDIBLE COMMENT
Mr. Plummer:
Don't hold your breath.
seems
an
Mr. Reid: This, I think is the property that has been talked about for
the International Exposition Center, and the Sports Arena...
Mayor Ferre: We don't have the money -for that. That's something that
we are going to do. I mean, that's like cutting your face to spite
your nose kind of a thing. I mean, you know, it's thinking backwards
type .:I'm sorry but I've got to express my opinion. I think we need to
get on with a development of a smaller project in the vicinity of..
between the...that dead area between downtown and Little Havana. I'm
sorry we're not doing it on the West side.
Mr. Plumper: Well Mr. Mayor, I will remind you that on the West side
that you are already invested to about two and one half million dollars
into a park that is destined'possibly to never ,cease about. And that's
the Latin Riverfront Park, you know, that I tried to tell the Commission
four and one half years ago that one million dollars would not do it.
155 JAN 2 41980
Mayor Ferre: Plummer, you're so wrong in that. That's not...that'
not....
Mr. Plummer: What an: I wrong on?
Mayor Ferre: Well let'me tell your That's not what, Centro Mater.
says. And.tha'ts not what at least five thousand Cuban kids say wno
use' thatpark'off and onduring the year.
Mr: Plummer: Have we acquired the property, r. Mayor? All of it?
Mayor Ferre: Absolutely...
Mr. Plummer: All of it?
Mr. Fosmoen: Not the. Craig property.
Mr Plummer: That's right and that's the center choice parcel,
How much have we already invested, Mr._Fosmeon?
Mayor Ferre: We're going to invest four and one half million dolla. , by
the time we are finished.
Mr. Plummer:
Total.
isn't it?
This started out as a five hundred thousand dollar project:
Mayor. Ferre: And then we,got the government'property<from the School
Board;�.and then we; got a grant from the.-�government_and we've;gotten a lot.
of things going: And I.want,'to tell you: that, that park which is .going .
tobenamed,_Jose Marti_Park;:is going to beone of thebest parks in this
▪ community.,
▪ Mr. Plummer:' I' -hope you're right.
Mayor Ferre: And it's going to serve the Little Havana communitywhich
desperately needs baseball fields,tennis courts, swimming pools,
soccer fields, a major center to meet on .or whatever it is that they
are going to design there And the community itselfis making, those
decisions.
Mr. Plummer: I hope you and I live that long.
Mr. Lacasa:
Mr.
Mayor, under discussion.:.
Mr. Carollo: I have two'concerns, Mr. Mayor Number: one,. are we going
to have adequate:-, police protection; and number two, adequate lighting
And if, the area already is called Viet Nam...
Mayor Ferre: Those are valid questions.
Mr. Lacasa: Let me address that, Joe. There is something that hasn't
been mentioned in this discussion. And I. want to point out the fact
that this particular area is adjacent to our own development, the City
of Miami Police Headquarters, and the new City of Miami staff is just
across the street from the end of this project. Which is right there
next to the expressway. So, actually this would be a continuation.
And as far as police protection is concerned, needless to say, there
are just next to the headquarters of the Police Department.
Mayor Ferre: It's a block away from the Police Department.
Mr. Carollo: Armando, the problem that I see is this.. You know, I go
through that area practically on a daily basis and right now the police
cannot even control the area. Not because they 're not doing a good
job, they are, they are so short of manpower. You go on any given
night in that area and you can see someone in a corner dealing dope.
Mayor Ferre: Are you talking about the West side or the East side?
156
JAN 2 41980
Mr. Carollo I'm talking about both sides there. My concern is that
I.don't :_want 'to build a'park so that instead of decent people that we
have in this community, all the dope addicts go there and do their
dealing.
Mr. Reid: The..in terms of what we are talking about.;..some of the
conversation is going down to the Latin Riverfront Park location. What
we are talking about specifically is this site, in terms of a riverfront
speciality center. A place for restaurants,a place for bouteques and
shops and so forth...
Mayor Ferre: ° Well you see, I think perhaps youdidn''t explain it
properly. We're not building a park there. What we're building is a
center wherethere will be commercial. activity, including restaurants
and other such things along the river. See, it's not going to be an
open park. Can we...
Mr. Reid: Two other' comments on that, Mr. Mayor. One is, that in
terms, of the specialty center itself, we expect it to be well ligh..ed
and we expect the people that it will bring to the area to help
in security. There is nothing like...in terms of security likepeople
on the street. The other thing with respect to housing this is an
area that is slated...two things are happening. One, is an area that
is slated for housing rehab. And the City itself, in terms of ,the
Little Havana Lummis Park NSA with Federal help is rehabilitating
five hundred units.
Mayor Ferre: Well, I think we've talked this one out. So, there
a motion and a second to deny. Is there further discussion?.
THEREUPON THE FOREGOING MOTION was introduced
by Commissioner Plummer and seconded by.
Commissioner Carollo and defeated by the
following vote:
AYES: Commissioner J. L.`Plummer, <Jr
Commissioner Joe Carollo
NOES: Vice -Mayor Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
is
ABSENT: None
ON THE ROLL CALL:
Mr. Plummer: On other point I wanted to make that has not been brought
up, it was fine to bring out the fact that you could walk this in
eighteen minutes. I question that you would be able to•walk this in
eighteen.minutes when you have the second barrier put up. The first
one already exists which is the I-95. The second barrier, or Chinese
wall that will be going up will be the Rapid Transit. And I doubt
that you're going to be able to make it in eighteen minutes. I still
don't think...I'm all in favor of rehabing the entire area. I do not
belive that is where the specialty center should go and I must vote no.
Mr. Ongie: Mr. Plummer, you made the motion to deny, so you're not
voting no, are you?
Mr. Plummer: Oh, I'm sorry. You got me confused. I vote yes.
Mr. Carollo: The project is good. My concern is the Police protection.
of the area. This is going to be used by the family, God loving
people of our community or not. .I hope that we would take sure to make
sure that this park will be,used-by those people. So on that basis,
I am going to vote yes.
JAN241
ist
Mayor Ferre:
for approval?
Mr. Lacasa:
The resolution therefore fails. Is there a motion now
move for approval.
Mayor Ferre: All right. Is there a second?
Father Gibson: There's a second. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Lacasa,
who moved its adoption:
RESOLUTION NO. 80-64
A RESOLUTION RECOMMENDING IN PRINCIPLE THE MIAMI
RIVER COMMUNITY REDEVELOPMENT AREA GENERALLY
BOUNDED BY WEST FLAGLER STREET AND NORTHWEST
FIFTH STREET BETWEEN I-95 AND NORTHWEST EIGHTH
AVENUE; WHICH COMMUNITY REDEVELOPMENT PROJECT
INCLUDES ACQUISITION AND CLEARANCE,
REHABILITATION, REDEVELOPMENT AND RELOCATION,
STREET IMPROVEMENTS AND BEAUTIFICATION AND WHICH
PLAN IS IN CONFORMITY WITH THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN
(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:
vice -Mayor Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
AYES:
Mayor Maurice A. Ferre
NOES: Commissioner J. L. Plummer, J
ABSENT: None
.• •
ist
Mayor Ferret Alrigh € are now on Item #4
Service Corporation...W
Mr. Plummer: Mr. Mayor, may I bring up.a motion very quickly and it relates.
back to that other motion. I make a motion at this time that the Planning
Department... I guess the Zoning Board, whatever it As,' Department of Administration,
Whatever fancy name you have got for•it...That,in the future...
Mr. Grassie: Well, Commissioner, could I auggest that probably what you are going
:to make a motion about is not properly the subject of a motion, but in addition
to that...
Mayor Ferre: Sure it is.
Mr. Plummer: Sure
Mayor
Ferre: That
the area West of:the River.
M. Plummer: No, n
Mr. Grassie: No, no, that's not what he is making the motion about Mr. Mayor.
He is making a motion about how we prepare our maps.
Mr. Plummer: That's right.
Mayor Ferre: How we prepare what?
The maps. That. in .the future they reflect the true picture.
Mr. Plummer:
Mr. Grassie: I think that, that would get you into a little bit of a discussion
av
because you would he to ask the City Attorney what the nature of your review
of Zoning Board actions is in this sense Commissioner. If it is legally the
position of this City Commission to review the record established by the
Zoning Board and their recommendation, then what we have to bring you is
their record. In other, words,,` we cannot change the record, because you are
supposed to review.their record.
Mr. Plummer: Even though the record is incorrect?
Mr. Grassie: Well, the record is incorrect only in the sense that if we go
out and ask opinion again,you are going to get a different answer. What I'm.
saying to you is that the procedure that we have to review is whether or not
we ought to have a separate opinion other than that which the Zoning Board
look at to begin with.
Mr. Plummer: I will defer it to the City Attorney that he comes back at the
next meeting and recommends..
Mayor Ferre: Alright, now I would like for someone to make a motion to
that gentleman's position and that is that the City of Miami study the West
Bank of the Miami River North of Flagler Street up to the 5th Avenue Bridge,;
for the purposes of rezoning that area to encourage development.
Mr. Lacasa: Move.
Mr. Plummer: Second.
Mayor Ferre: Moved by Lacasa, Seconded Plummer, further discussion?
call the roll on that motion.
The following motion vas introduced by Commissioner Lacasa,'who moved its
adoption:
MOTION NO. 60-65
A MOTION REQUESTING THE CITY OF MIAMI PLANNING DEPARTMENT TO
RESTUDY THE WEST BANK OF THE MIAMI RIVER IN AN AREA BOUNDED
BY THE NORTH SIDE OF FLAGLER,STREET TO THE N. W. 5TH AVENUE
BRIDGE FOR POSSIBLE REZONING TO ENCOURAGE REDEVELOPMENT OF THIS
AREA.
Upon being seconded by Commissioner Plummer, the motion was passed and;.
adopted by the following vote -
AYES:
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
3.59
JAN 241980
mnrc . a......
•
45.
APPEAL ZONING BOARD'S DENIAL OF VARIANCE FOR FLOOR AREA RATIO AND
SETBACKS-3209-31 & 3301-03 SOUTHWEST 27TH AVENUE AND 2667-75
SOUTH BAYSHORE DRIVE.
v.
Mayor Ferre: We are now on Item 4, the Planning Department recommended denial,
the Zoning Board recommended denial 5 to 0, 10 objectors. There were 5 replies
in favor by mail, 18 proponents present at the ZB meeting. Alright, we will
hear first from the Department.
Mr. Whipple: Mr. Mayor, Richard Whipple for the Planning D partment. We have
recommended denial of this item based upon the fact that we find no showing of
hardship which would necessitate the granting of this variance. The variance
is a request primarily outside of the setbacks or what have you for an increase
in the Floor Area Ratio and we would suggest to this Commission that ; -variance
is a showing of hardship which denies a reasonable use and the applicarLL are
requesting a use that is beyond that which is permitted by the Zoning Di: _Act
of which they are located, so therefore we recommend denial of this item.
Ferre: Alright, the proponent? Counselor?
Mr. Robert H. Traurig: Mr. Mayor, Mr. Vice -Mayor and Commissioners, my name
is Robert H. Traurig, I'm an attorney at law with offices at 1401 Brickell
Avenue and I very proudly represent Continental Services Corporation which is
the contract vendee of the property which is presently owned by Posada Properties..
Limited who partners include the Rosenberg Family and the ( Kolisch Family all at
whom:` are well-known to people here in Coconut Grove. The property which is the
subject of this hearing is property which lies directly across the street from
the exit to Dinner Key... from the entrance and exit to Dinner Key. You will
see it depicted on thisareal photograph. Basically, it's property located at
3209 Southwest 27th Avenue and 2667 South Bayshore Drive. (COMMENT INAUDIBLE,
NOT USING, THE MIKE).
Mayor:Ferre:- Bobwould you. speak into the microphone? Perhaps you... yes.
Mr. Traurig:. I would like to show it's relationship to this Dinner Key Auditorium,
you will see right:, at the entrance to this'Pan'American Drive and it's relationship.'
also to the Coconut, Grove:Hotel to Office in ,the Grove, the Coconut Grove Bank,
to Yacht Harbor and to. the Mutiny. I, show. that toyou so that you., can see not
only that just the position, but the:`relative heights and the distances between
the various parcels and so that you can understand. the special design and
special ambience of'.this;particular;projectand it. compliments and fits into
the general atmosphere of.`Coconut Grove. Now, in mentioning the general atmosphere
of Coconut Grove, Z think before we .get into a detailed description of the project
it would be important for people from Coconut Grove to stand and identify themselves`
if they are in favor of this project, because very often we attend meetings in
which the audience is primarily composed of people who oppose the project and
want to express those feelings of opposition, but in this particular case, I think
you will be delighted to see the quality of the audience who are here to support
the application and I would therefore ask those people who are here to support.
the application to stand so that the Commission could at least identify who
you are.
Mayor Ferre: Lester? I thought saw Pancoast here.
Mr. Traurig: I think you can see the Balfe Family. I think you Can' see the'
Pancoast Family.
Mayor Ferre: We11, I was going t
family here, but "no", ok.
say is this something where we have a split
Mr. Traurig: Many people all of whom are familiar to you, who have been in
fore front of the development of Coconut Grove sometimes as proponents and
sometimes'' opponents' all of who; are here together to say that this is good for
Coconut Grove. Now, what is this?' This is a two and a half acre project on
an irregularshaped parcel that goes from Bayshore to 27th Avenue.(COMMENT
INAUDIBLE, NOT USING THE NIKE)...and•is that irregular shaped parcel and within
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that two and a half acres4t's proposed that we build a fit"teen story, two hundred
four unit hotel building. Now, the first issue which we have to address is; can
we build this hotel building is two hundred four rooms more than ought to be on
this site, what is the zoning of the parcel and what does it permit? The zoning:
of the parcel is R-C, it permits a hotel, as a matter of fact, that property at.
the present time is composed of two motel buildings. The Pine Terrace Motel and
the Dinner Key Lodge and what is being proposed to be accomplished here. is the.
replacement of two old, antiquated, under developed parcels with a very special
type of building which will contain two hundred four rooms which is no more than.,
what could be built on this site without any variances whatsoever. So your next`,
question is why do we ask for variances. We are asking for variances because
of a particular style of building which in our opinion will add to the ambience
of Coconut Grove, will add to the attraction Of Coconut Grove for a special"';kind
of tourist or visitor to greater Miami' who wants a better accoaiodation than is
generally provided.
Rev. Gibson: I didn't hear that.
Mr. Traurig: Who wants abetter kind of accommodation' than
Only because the room sizes are larger, sir.
Rev. Gibson: You used a term.
word, I did: not hear..`
you gave to reasons and one.. the first
Mr. Traurig: I said... I think I used the word "ambience", "attnosher&'?
I see. Alright, sir, I'.think that's what I heard.
Rev. Gibson: Ambience,
Alright,...
Mr. Traurig: So what we are asking in order to accomplish the size project that
we need is an FAR of 1.79 with 1.5 being, permitted'underthe terms of.`your`.f..
ordinance and two side yard setbacks. One side yard setback which will be from.`
our Southwesterly corner where we provide a twenty-one foot setback and the •
other side being a fifty-one foot setback on our Easterly side with seventy-five
feet being required. Now, it's very important that we understand the relationship
of our parcel of property to other properties near us. For example, where we
have a fifty-one foot setback and are asking for a variance we are next to
our neighbor who between his building and our building or his building and his
property line only has a twelve foot setback and we are providing fifty-one feet,
but we are asking for a variance and the reason for it is a... he didn't have
to have a variance when he built because the ordinance didn't require it at
that time. And number two, the variances are related to height and in order
to achieve the kind of a building that we propose, we have to provide a one
foot setback for every two feet of height and as we go up in our design and
up in our building we are therefore asked to create a larger setback. So you
could ask do we have a hardship that justifies the granting of that setback
variance and that FAR variance. And I think that the question of the setback
variances and the specific architectual aspects which justify the granting
of that variance should be dealt with by architects, but generally in advance
of their presentations to you I would like to address the general questions
that are proposed on your application form in which there is a category called
justification and I don't know how many times people have come to you to tell
you of the specific justifications in direct response to those questions, but
I would like to give you the questions and I think you are entitled to the
answers. Question one was, are there special circumstances peculiar to the
land that are not generally applicable to other properties which justify the
granting of a variance? And the answer is "yes", this is a unique irregular
shaped parcel. You can see how this parcel curbs and is not a true rectangular
or square shape and therefore creates problems of design. Number two, that,
that special circumstance was not as a result of our direct action? The
answer is "no", it was as a result of the particular shape of the geography of
this area where South Bayshore and Southwest 27th Avenue come to each other
not in a perpendicular, but in an angular way and therefore the lots are
irregular shaped. Number three, that the literal interpretation of the zoning
regulations deprives us of the rights enjoyed by other properties in the same
zoning classification and we think that, that does occur, because if you would
review what was accomplished at this Cbnenission table with regard to the
Jamestown property and with regard to .the Coconut Grove Hotel property and other
properties which have received t'he.benefits of some liberalization by you of
the zoning regulations, you will recognize that what we are asking is no more
than what has been achieved as a result of the concern by this Commission over
special circumstances. And I think it's very important to talk about the
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11,
relationship of this application to Jamestown because that's so fresh in your
mind. We are asking for an FAR of.1.7.9, you granted an FAR of 1.77 in connection``
with Jamestown, but when you did that you even gave them credit as part of their
land area for the alleyways that they were closing. Now, as a matter of fact,:
we are not only... not getting credit for something that we were given by the City,
but we are making a major dedication for the widening of 27th Avenue. We are
reducing our lot;area by the amount of that dedication, we don't even get credit
toward our square footage for what we are going to give to the City as a matter'
of dedication. The next one, that the variance would be the minimum to make
possible reasonable use of the land. We think the that the reasonable use of
thisproperty to`create a hotel that has this size, so that we can provide the
number of rooms, two hundred four, plus the public areas which are necessary
to accommodate the kind of clientele which should be attracted to Coconut Grove.
You are now experiencing as a result of the renaissance in Coconut Grove an
interest in: living and being in Coconut Grove from all aspec':s of our population.
We are attractingg people from South America, Central America, the Carribean and
Europe who had never heard of Coconut Grove before and among those people are
'people who:wantto live in the finest accommodations possible. They come here.
prepared to enjoy all of:the benefits of South:Florida and the people in this
room and at that table have made possible a: special kind of atmosphere -'tthin
Coconut Grove and will in:the.future as.a result. of the redevelopment of this
Dinner Key, complex make possible a special atmosphere. within Coconut Grov.. Lnd
those people ought.to<have_!the opportunity to enjoy it. The next question ie
will it beinjurious to the general welfare of,this neighborhood and. the general
community? And the answer is obviouslyno". .We have the opportunity now; -
-to build a:hotel. which is`two hundred four rooms without the seeking of .varian:es
s0 that granting' of'the variance would not.: be injurious to the'. general welfare.:
All that.`it would do would `add to the structure;of t ; he building; one ''or two floor..
Mayor Ferre: Counselor, excuse, me, for interrupting. How many, people are here
as opponents to this project, would: you raise your hands? How many of you wish
to be heard tonight?
UNIDENTIFIED SPEAKER: Mr. Mayor, I..`.,
Mayor Ferre: No, I'm not recognizing you,,
will recognize' you.
I;didn't see_that...
Rev. Gibson:
Mayor Ferre:
Rev. Gibson: May I ask the other question?
Mr. Plummer: All of those
Three hands. Three hands up.
that stood up.`.
'm''just asking the question and I
Well, how many are here: for.. it?:
Rev. Gibson: You mean to tell :me...;let me... wait a minute, let me
here because this isn't Coconut. Grove. Let me look out here. Would
your hands again, let me see. Alright, go ahead.
Mayor Ferre: Ok, Counselor,
Mr. Traurig: Now, I know
to say some things.:.
go ahead.
it's late and I know I'
Mr. Plummer: You get rebuttal.
look out
you rraise.'.
long, winded, but I, have
Mr. Traurig: But I inust say these things and some of them may, even be redundant.
But the posture... if Mr. Plunnner, you would like us to permit; the opposition to
make it's presentation and then for us to rebut, we will be happy to do it that
way and maybe we can short stop this.
Mayor Ferre: Yes, that may not be a bad idea.
Mr. Traurig: But I have had enough experience to tell me that if our record isn'
complete sometimes we are in trouble and we really wanted to have a complete
record, but we didn't want to abuse this Commission in creating it.
Mayor Ferre: I will tell you what let's do, I will permit you to continue to
put all these things into the record that you want after the opponents speak
and that perhaps then you could continue defending as to, you know, what the
questions that come out of this Commission are.
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Mr. Traurig: Before I do that sir, could I ask for one or two of .our .people who
really have to leave to speak before the opposition speaks.
Mayor Ferre: Go ahead.
Mr. Traurig:
I would first like to call..
Mayor Ferre: I would like to get out of here before midnight and that's my
only request: So you know, I will be happy to listen for a reasonable period of
time and if you could make it fifteen or twenty minutes I would be very happy..
Mr. Traurig: We are going to do that. I would first like to call on Mr.. Pancoast
to speak and then I would like; to call on Mr. Balfe who because of not feeling as
well as he would like, to: would -like, to be able to leave the chambers as soonas
possible. So I call on Mr. Lester Pancoast to address you. Mr. Pancoast is not.
project. the architect for this p He is a respected citizen of Coconut Grove
who's advice we sought and we are very happy to have him here to comment on the
project.:
Mr. Lester Pancoast: ,My name is Lester Pancoast, 3370 Mary Street, Cocraut
Grove. Mr.,Mayor,and Commissioner, I will be very brief. The reason.I'm .are
to propose`,. that the side setbacks not be a concern to us in this particular
project is,that we have been concerned with side setbacks on the long: narrow
properties in; Coconut Grove for sometime now. They;have;as you have witnessed
produced long -narrow buildings side by side. The result has; not been very good
in some circumstances, someareas of Coconut Grove. This particular building
concentrate it's mass in one place'by intruding on those setbacks in what we
believe is a harmless way. Therefore, I'm here standing and telling you this
thing. I think' there will be others of .us who; speak tonight or may not have
to speak tonight who -have. for a long time _been hiding behind the rules and
trying to protect Coconut Grove in way or another. When we see good things
coming and those rules are in the way we are-just:as quick to stand up and say.
that those rules ought be_`examined_carefully. everything ythin g would be
a matter'of°-individual` design review.
Mayor Ferre: This is a happy day in deed. This is the first time... I want to
tell you something Lester, I don't mean to, I don't mean to preclude what others...
and I'm looking at Joan -in. particular and Marilyn Reed and others who have for
the last ten years taken very strong positions against any kind of changes that
are not strictly within the zoning laws and I have been saying for ten years
that zoning I think has got to be a living thing that has to accommodate reality
and common sense. Now, I'm not saying that I agree with this at this stage
because I think we have to hear from the opponents. I am saying that for years
and years now I have been an exponent of something which I have heard others
be very strongly against. I might say perhaps in the beginning including yourself
and I think it's a happy day when we see people that have been very, very
stiff about these type of things that recognize that judgement has to be a
factor in some of these things and that there is good design...
Mr. Pancoast: Mr. Mayor, your predecessors....
Mayor Ferre:, and that there is logic and then, of course, it become -a
matter of opinion too.
Mr. Pancoast: Absolutely. Wehave become.... we have .we were much too
pragmatic for many, no question about it. We were afraid to>be more liberal';
or to be a relaxed because we were afraid we would be taken. advantage of and
that there is past record of that too, as you certainly know. So I.think perhaps
the security comes from the more enlighten .behavior and the factthat we have
our act together better than we did in other days. `I hope that's true.
Mayor Ferre: Thank you. Mr. Balfe?
Mr. Traurig: Mr. Alex Balfe wham all of you know is
citizens in the history of 'Dade county.
Mr. Plummer: Aside from all of that.he is a gentleman..
Mr. Alex Balfe: Thank you. Gee guys' I tell you 1:. ought to sit dawn right
now Mr. Mayor, but thank you for the opportunity of being able -to speak to you.
Frankly I think that this building will ptesent some beauty'_down here in keeping
with the rest of the Grove and some day I hope that we can take our little
place over here and beautify it too, in the spirit of making Coconut Grove a
beautiful place. I just happen to love this waterfront.' I'm not speaking for
1.6
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JAN241980
my company and I have no interest in this... in the people who are building this
hotel,.but.it's a great feeling to .see that this thing is happening down here and
I certainly appreciate the chance oftalking.to you, and telling you how I think.
Thank you.
Mr. Traurig: We will make the rest o
had a"chance to speak.
our presentation after the opposition has
Mayor Ferre: Alright, would the opponents like to be heard at this time or
would you prefer that the conclude`or what?.
Mr. Arthur Neibrief: Your Honor, My name is Arthur Neibrief, I'm an
attorney at law with offices at 2829Bird Avenue here in Coconut Grove. I
represent a number of.the adjacent property owners to the proposed hotel and
frankly I think that the burden of showing that there is a hardship in this
'matter is upon theapplicants. Frankly, I think that their presentation
shouldn't be heard.
Mr. Carollo: Excuse me, can I ask you who you represent.
Mr. Arthur Neibrief : I represent Micheal -.Goldberg who is the owner of a _wo., stor-y:,building
which is on the South side of the proposed hotel.. Antigone Invefitment N.V..-whir_n :is the
owner of the Bayshore Village apartments, a three story.building immediately North'of the
proposed site and Walter Sonenreich who is the owner of the Villas'Apartmentswhich is
immediately North of the Bayshore Village apartments.
Mayor Ferre: Alright, I think that's a valid request and... but let me hear
from the other opponents if they want to be heard at this time. Is there anybody
onthe opposition side who wish to be heard? Alright, then why don't you then
make your statement into the record Counselor.
Mr. Traurig: The, posture of:South Florida and the future of our hemisphere has
been debated' -in ,thesechambers and by this Commission; over a. long period of
time. "You have taken the"leadership in the approaches to new industry, new
banking,. new population and new. tourism and it's very obvious that it important,
to temperall of ourefforts with adequate control' and regulations so that the
community will not -Only have an influx; of newpeople and. new banking and new
commerce, but will have the kind of atmosphere and regulation and control which
will make this a safe. .and- a beautiful place. Now, the efforts of thin Commission
and this. community have been marshalled to.providea proper balance"for all of
these new dynamic contributors to our economy. We have a new tourism tax and
we areencouraging new tourism, in' trying to�,induce_ it'in;a number of other_ ways._,
We have-committedleadership-at this tabia which has gone to, places beyond this
hemisphere in order to induce this kind of new tourism and,we think that, that
tourism will continue to come.. The most important thing that we have in Dade
County... the 'important things are geography and climate, but when we talk of.
tourism the next most important thing, are proper accommodations properly managed.
There is a lack of certain types of accommodations and there has been a lack of
good, strong, vital,: interested management, local management. I think that this
project offers you both of those things. The kind of;:a new facility which will
encourage the more affluent°',tourist to come to this area, to enjoy the benefits
of Coconut Grove and the new shopping in Coconut Grove"and the new other
accommodations•in,Coconut,Grove and I think in;;:the peopl"e who will run this
complex you have proven management talent which has demonstrated itself locally -
and throughout the rest ofthe United,States. And so we will offer a new kind of
tourist accommodation which is'.vitally needed:. Now, I indicated to you that
our efforts are not to rezone this property,"but merely to`:make.`it a little
bit larger so that we can have the kind of:accommodations thatare' necessary to.
provide that service. Basically, we are asking for about an extra twenty-nine
thousand square feet of building. How do we justify;, it? It will be said to you
by Mr. Nichols the architect. Mr. John Nichols who has done a magnificent job
in connection with these plans which"we will:,show you in a second. But we are
going to be providing a room of aboutfour hundred square feet and the average
hotel room has about three hundred square feet and that difference of a hundred
square feet when multiplied by around two hundred rooms is twenty thousand
square feet by itself. In addition -.to which had we been given credit for the
land which we are dedicating to<City,.we would have more than the twenty-nine
thousand square feet. So as amatter.,of fact we are really not seeking to
over load the property, but merely.to..build-this larger module to provide that
special kind of accommodation for that special kind of tourist. And really what'
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we are trying to do is to augment and supplement the facilities that are already
here in Coconut Grove and they are good £acilities run by good capable people who
have contributed to the economy of Coconut Grove and to the benefits of our
community, but there is a synergism involved. When we have our building with
their buildings we can accommodate more people•to want to come to the conventions
in your new convention center which you have spent so much to create and because
you -will -be creating a park like atmosphere on this Dinner Key complex, it will
also add to the desire to be in this area and by creating this facility we will
be creating the atmosphere which will benefit those other facilities which presently
serve you in Coconut Grove. But there are other substantial justifications for
the hotel In addition to our dedication of the right-of-way, our creation of
the larger rooms, etc. I think that Mr. Plummer said it very well at the Jamestown
hearing in direct response to a question which Mr. Fosmoen asked of him and that
was that 'if we don't:want.a reward the people who are willing to create larger,
units we will fall back into mediocrity. Now, he raised tha; issue of incentive
for -;people. Now, the interesting thing is that in Jamestown and in apartment
projec tyou have a,direct vehicle for increasing the size of a building by
giving a bonus, because in the R-C ordinance you provide that when you are over
seven'hundred square feet you get additional FAR if you increase the size, every
fifty feet you go up .01. There is something discriminatory about the. 1rdinance,
doesn't provide,that same kind of bonus for hotels which contributes s.. much
to the vitality -of the community. There ought to be that kind of encourass._ent
for" this.;kinrl of a complex. Had there been that kind of bonus arrangement within
the,: ordinance we wouldn't be asking you for this variance and we are really only
asking, you for something; which is consistent with what has previously been granted
by.this Commission for 'other comparable buildings, but they were rental apartr...�nt
projects` and condos rather than a hotel. And then after Mr. Plummer made his
statement Mr. Fosmoen said: that if this Commission sees largeness of areas of
apartments• to be desirable we would could logically extend the FAR to the 1.77
that they had requested. Therefore, in that area which was approved by you,. you
recognized that, larger units had an economic value to this city and you encourabed
there because they; served a.public purpose and that theory has to be extended to
hotels: in order to` avoid the:kind of conformity of hotel facilities which will
only degrade the.community, not uplift the community, because we don't, want,;. as
nice as :=they=are,:�the standard -Holiday Inn room and the standard -Howard Johnson.,
I. will_tell;you-that these developers have built Holiday Inns and Howard Johnsons'
,owned and managed them, -;did some design studies on what -they -would be able .to
achieve on`this,site and could build that kind of -.a building on this site without-
your relief,•but they opted for this kind of a complex: because it's= good for the
City and because...., and'`despite the fact that they are, taking a major'economic
risk,, they feel they will be rewarded and the City.will'be rewarded, they have
a long:history of :involvement with Coconut Grove.,.Now, because of the lateness
of; -the hour I .want to -,just give you a`, few comparables so that you understand.
our. project as it relates to our neighbors. ? As to height we have got fifteen
stories"with:a hundred forty-one feet. Jamestown:; was.., approved with eighteen,
.the:Coconut'Grove..-Hotel`:with twenty, Yacht Harbor with•.seventeen. • With.regard
to FAR --.ours is 1.79,•Jamestown was`1.77, the Coconut Grove Hote1,2.1,,Sail Boat
Bay 1.78, Office of the Grove 1.82.
Well, I'm sorry, would you repeat those figures again.:
Mr. Traurig:' 1.79 for ours, 1.77 for Jamestown, 2:1 for Coconut;, Grove, 1.78
-for' Sail Boat and'1.82 for Office in. the Grove. its,,a matter of fact_, the. issue
.ofheight came up at an earlier hearing --raised by Mr..Sokolski who, indicated
that. perhaps, our height was greater than his height. We sent.the Schwensky
and Associates' EngineeringFirin to ,doa height'study, aline of sight':studyand they
have confirmed these:.heights.that I have just given.you:and that is'that the.'.
Coconut'GroveHotel-height was two -hundred five feet and that was aitwenty story)
building..
Traurig:
Mayor Ferre:
He didn't know it at the time`that.he made the statement.
He didn't know that•his was a twenty story building.
Mr. Traurig: Well, I would say that..., we are basing the height on what we
have read in his zoning resolution and if....I think it's twenty stories. Al
any rate we are prepared to give you .other detailed argument with regard to the
relationships of our property to others, but before that and before I call on
all the others I just want you to 'get an idea of what this will look like from
the South Bayshore Drive entrance, from.the 27th Avenue entrance and this is the
arrival court. The arrival court is going to be patterned after the Stanford
165 JAN u'11'66J
Port Hotel in San. Francisco. As a matter of fact the basic development of this
project has drawn from that Stanford Court with everybody recognizes as the
premiere: hotelon the west coast. We think that bringing our traffic off of the
street in this manner, having this kind of entrance way, having the kind of
in house'; facilities, having the kind of room sizes that we talked about add so
substantially to the City. I would now just very briefly call on the others who
are here to support us. First Mr. John Nichols, our architect, then the other
people who have been so kind to come here to join us and then I will rap up.
Thank you.
Mr. John Nichols: Thank you, I am John Nichols of Nichols and Associates
Architects in Coral Gables. I grew up in Coconut Grove. I had lived here most
ofmy.life andI will be extremely brief and really relate more to the technical
issues here of the two variance being requested. Now, other than one general
statement and that is we sought to design a building that has the quality and
ambience that we saw as we travelled through the Country looking at the quality
oriented hotels across the United States. And the scale of this building we
feel is extremely important because of Coconut Grove. We sought to... rather
%than build a building which was a slick sided and flushed building, aga..- to
break that building down and as you saw or have seen in the renderings, ,'e have
a soft tooth outside edge on the building, so it is not a straight wall building
at all and it breaks down. The building is so designed so that we consistently
step backfrom both the side property lines and from the front and from the
rear. :As it relates to the setback requirements that we are looking at, this
section through the building illustrates how we have set that back and when
first designing the building as a matter of fact, we designed it so that it would
fall withthat exact one foot of setback for every two feet of height property
line and it was later determined in working with your Zoning Department that the
real problem was the definition of required side yard. The front yard and the
rear yard, this was prefectly acceptable from where you in effect set the building
back for fifty percent of the height and are only got to be as this definition
,as '.`it,relates to required side yard that you can't even build anything within that
line. If the building comes to that line right there what the Code--- as it reads
on side yard only--- would mean that line would come right straight down and require
a<building to be built to that point as opposed to many other ordinances and many
other municipalities which have the same kind of approach is an envelope theory
the higher the building is, the further that building is setback and the more
light and air that is allowedto penetrate on this kind of a line into adjacent
properties and that's the exact way your front setback works. Consequently it
also produces a theory that we fully endorse, because it does produce a more.
exciting building and a building with a better scale as opposed again to straight
up and down buildings because you can get this continued setback affect of the
building and therefore it diminishes the overall mass of the building. One other
point was mentioned at the Zoning Board hearing which I want to clear up and that
was the relatiouship of the building and primarily the parking to the adjacent
property--- somebody had mentioned there was a thirty foot wall being created
by our: parking structure and that is absolutely not the case. Our piece of
property varies from, about a five foot elevation at South Bayshore Drive back
through to approximately sixteen feet back on Southwest 27th Avenue. This right
through here is where the crown of the rock ledge moves through so the property
comes up in- it's elevation back here. I put elevation marks all the way down the
side of the property here and as a matter of fact, our parking is mostly under-
ground parking. The elevation all down the entire side of the property here is
a plus eleven point five feet and you can see in this arearight here the adjacent
property all the way through here is even higher than our parking structure, so
it was going the other way. We are below that by about four and a half feet.
The only place that it really does come up at all is when we go to the back side
of the property when there is an additional parking level and even there we are
at nineteen and a half feet, the adjacent property is at fifteen feet at this
point. so again, we are only four and a half feet above that property and I want
to illustrate that somebody had... saying that we look like we had a three story
parking structure, but that is not the case, it goes three stories down and not
up as it works back into the property. The last really...,comment really relates
to Floor Area Ratio and this bonus theory and the fact that these rooms are
larger rooms and I think it is important to point out that the R-C Zoning
category that Mr. Traurig pointed out does have the bonus factors built in far
apartments. The R-C category allows apartments and hotels and we... it just does
not mention hotels when it starts talking about that bonus situation. So given
that bonus situation certainly is what would bring the FAR... allow the FAR backup.
Again, just pointing out that the larger rooms as we have here is almost in
excess of twenty-one thousand square feet just by going to that larger room. The
other point is I think that FAR is a density control, that is the purpose of FAR
is to limit density. We could certainly come in an build the exact same number
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of;rooms, the two hundred four rooms, bring them down to standard sire if we
wanted to and; have the exact same number, of people, the exact same number of
cara, there Would be no more congestion or traffic on the property. So the
FAR. here is totally intended to serve, you know, a certain group of people.
I:think at the time here I would give it back to Mr. Traurig right and let
him bring on'some :"Other people. Thank you.
Mr. Traurig: I think` that because Ms. Holzhouser and Ms. Reed came to visit
with us tonight and left other things, I would like to call on them now so
that perhaps they could finish and go on to other things and I appreciate their.
presence.
Ms Joanne Holzhouser: I am Joanne Holzhouser,.I live at 4230 Ingraham Highway
in Coconut Grove and I want to explain:that at the time this came up I was at
that time, President of the Coconut Grove Civic: Club and when I spoke, I spoke
not only for myself, but for.the Coconut Grove ,Civic Club which has endorsed
this and approved it. Henry Alexander and Ted Schumey have both looked over
the plans. We have discussed it at a board meeting and we approved. I'm
no longer President of the Civic Club, but I just»'need to put on record that.
the Civic Club does support it. So now I'm speaking for myself as an , :dividual.
Thesetwo men have done beautiful work, they have come openly to the Cl.t7 openly
to. the Civic Club and others and said we want to do something in the Grove,
can we tell you about it? Will you tell us what you think about it? They have
been careful to have a good architect who understands the Grove. They have
included in their plans .that which they had to, for example, the 27th Avenue side
is not subject to their whim it is something that the City asked of them. Th.s:
is nota dedication to the 'City` that they wish to make,they are willing,'I
suppose but they didn't... this is one of those things that the City is asking.
I` see no reason for people to be penalized because they are going along with
what the City asked. They are providing parking underground. They are doing,
as far as I can see everything that we could wish a developer to do coming
in here. I have been protective of the Grove as far as I could, but not. to
keep it from ever developing, everything changes. It's just a matter; of having
something that really is beautiful and really is in keeping. Mr. Mayor, you
have several cities that are favorites of yours and I know that you treasure
certain things about them.; One of my favorite cities is Savannah. It's a
city that's a great lady with great charm and very quiet. And in. Savannah there
is a hotel... I hope Mr. Wise and Mx. Lipton will forgive me when I say the
name of it, but it is the Savannah Hilton and it was built with much controversy,
because if you all remember; old Savannah is very precious people. But they
persisted and they built a; hotel::.. and I like to stay in room 817, because they
have a balcony for some of the rooms and 817 has one and a sliding glass door
and.I can stand there at..11 o'clock on a May night--- this was where'I was
last year-- and :I can look out at the life of the street which is still
going on in Savannah as I know. the Mayor cherishes the life of a City in the
street.. People are coming out of a very nice bar grill on the corner and you can
hear music faintly. You can look across at an old brick church, you can look
a few blocks over at the old part of The Memorial Hospital and you can
enjoy the sounds and the sites of a summer evening in a very beautiful place.
The trees, the squares in Savannah, the lights. I would like to think that
sometourist from Germany or Panama or Brazil or France or people from Tight
here in town could stand on a balcony there and see Coconut Grove at night and
see the trees and see the bay and the see the lights and feel the air that we
still enjoy. I would like to think that was possible for us to have people
who would come here and treasure that and I think that this hotel is a chance
for us to have this. You have granted variances before for various reasons and
I have frequently, not always, but frequently disagreed with you. I think
that these people are asking for a variance that is very understandable and
very worth while and I think that as... the two of you certainly know me, I don't
know Mr. Carollo, but the two of you know me. We don't always agree with each
other, but I hope that you acknowledge me when I say I try very hard to be
fair and I think that this is fair, that they, are asking for something that is
fair and I hope that they will get it. Thank you, very much.
Mayor Ferre: Joanne don't go, because I.hope you will forgive me because I.•'
just cannot resist. This is something I just simply cannot resist. I will,
have to remind you and I'm going 'to.ask you a question.
Ms. Holzhouser: Yes.
Mayor Ferre: I'm going to have to remind you that to the best of my recollection
both you and the association you are previously President of along with several
others like the Tigertail Association and others have in my history in Coconut
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JAN 2 41900
1
Grove opposed Al Sokolski in the Cocont Grove Hotel,...
Ms. Holzhouser: I'm not sure about that because I wasn't...
I was on the Board, but...
Mayor Ferrer Well, the association. The respective association opposed the.
Office in the Grove, opposed the Burton Goldberg's project....what's the
name of it? Sail Boat Bay. Opposed virtually everyone of the building that
Bob has mentioned mostly on an FAR basis and mostly on a setback. Now, if
I had a time machine I would have like to have had your statement made today
to' go back to those times and read it, because I wish to remind you that what you
have said today is exactly what I said about each one of those projects. And
I' want to tell you something that as I look on that photograph there I don't
have the worst one. The worst one was by far the Grove Hotel, that was by
far, the worst; that was the worst variance of all because the Floor Area Ratio
is inexcess of two... and all kinds of variances were granted Sokolski. I
rememer as, if it were tonight, I' was sitting.-.. I sat right iu that chair...
that's where I used to sit on this Commission and that vote went... that thing
vent on and on and on and on and finally the vote: was three to two and I was
the swing vote'on that. And I'caught more heat and more flack on that tingle
vote thanI have on any other thing that I voted on in Coconut Grove and I
want to tell you, I don't regret it. I think it's been a useful and an iir rtant
addition because I think it, opened the way to many other things that have
happened.' If it hadn't been for the Coconut Grove Hotel Burt Goldberg would
have never built Sail Y
Boat Ba and if hadn't been for Sail Boat Bay I: don't
think that some of these other things;that,have happened around here would have
happened. Now, there is a.limit .' I know there is a limit to things and.T.
think we are getting very close.to-that, there is just really not that much
land left, but I think:'that: Coconut Grove thanks to Ken Triester andothers .
have developed in a very, very happy way. And I tell you this,,=l make no_-
-
apologies.for Coconut' Grove any>;where. I think we are as beautiful a village
community as exist any where in the United States, including California and.
Savannah and many 'other... Charleston and New Orleans and inany other places.
Ok.
Ms. Holzhouser:.
Were you asking me something or
Mayor Ferrel. No, I wasn't asking you anything, . -I was just telling you a piece
of mind, that's all. That's my last statement for tonight. I will not repeat
.
it anymore.
Ms. Marilyn Reed: My name for the record is Marilyn Reed, I reside in Coconut
Grove. I became a resident of Coconut Grove in 1965 and as the Mayor has just
said for many, many years I have been a very busy civic activist opposing high
rises and I also lobbied for our "Master Plan", worked on the Task Force,
attempted to get a high limit, it wasn't implemented. At this point you stop
beating the dog, it's dead, by his tail and you recognize reality. When you
have a good development, you support it and that is my philosophy Mayor. Now,
you can't go back on the record and say Marilyn Reed said all of this and that
about setbacks, because I didn't get involved in that, that way. I have been
initially opposing highrises and I did want a ten story CAP and feel that
here we have a development that's well done. We recently had a project done
and it's called Pine Creek. We worked out modifications on that and it came
out very nicely.
Mayor Ferre: Marilyn let me ask you'a question. Do you think :I will see the
day...someday in the future when after we develop Watson Island that you might
come here and say "you know, that isn't such a bad project".
Ms. Reed: Now, you know that's your Charlie Brown blanket. Anyway .my statement.
I wanted to urge the Commission to approve the application tonight. Do you
want anymore comments?
Mr. Carollo: Ok, who is next?
Mr. Traurig: Alright, I would like to call on Donald Lefton who is one of the
principals in this project followed by David 'Kenin who is... I presume you would:.
like to address the Commission.
Mr. Lefton: Mayor and Commissioners,•I really will try to keep it short, but
I think since you have heard of the legal rationale for granting of this, I
think it's important that you hear the rationale that prompted myself and my
partner Sherwood Weiser here who are the two principals as to why we got into
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JAN241980
this project in the first place. First of all, not that it's necessarily
important, but we are office residents. We have lived in Coconut Grove as
residents of an office building for the last nine years and approximately three
years ago we decided that we wanted to construct a Hotel in Coconut Grove and
we have 'spent that length of time looking for a piece of land which was suitable
and it was approximately eighteen months ago that we finally entered into a
contract`to purchase this piece of property and incidentally paid more for it
than.we have ever paid for any other project that we have... any other piece
of land we have ever developed by reason of the number of rooms, but we did it
for<a reason. And truly whatever Mr. Traurig has told you, I tell you that's
only hear say. The reason why we have done this is because we are totally and
thoroughly convinced that we want a project which is far better than our Sheraton
River House out at the airport which we think is a beautiful project and far
better than anything we have done any where. We want a project which is not
only going tobe only two hundred rooms which is not the most we could put on
without you and without the Zoning Board, but we want a project which doesn't
have wall to wall carpeting, but has Spanish tile and Persian rugs and art work
and landscaping and all kinds of beautiful wrought -iron gates and beautiful lobbies
and a lovely:restuarant and a subdued lounge and very minimum meeting space.
This"is not a;` convention hotel. And over sized rooms with floor to ceil�lg
glass in sitting areas.. We want something that we can be proud of as a .es dent
of this cominunity which'` we also hope and feel will make money for. us, whip, is,.
why. we started eighteen months ago' to basically do battle and incur the"kind of.
expenses` and attorney
fees and architects fees and the building cost which
have sky rocketed over .the past eighteen months as well as the. construction
interestwhich you are now going to have to pay because` of our project,; for one
reason, because we truly felt that there was no place else•in Dade.: County that
could justify: putting in the kind of money that we are going to put. in to"
put,up:this-kind of a dynamic project.: If we would have done what.Mr. Traurig
indicated to you that we could have done. without you and without the Zoning
Board, I venture to say that we would have been pretty close to -opening-.up:-
our hotel at this stage of the game, which would have meant.that.we would.have
been in, _business at least a year before when we anticipate being` in business= -
now...;_But believe me, not that we are that magnanimous and we do. have.a community:
feeling We:'are_involved in community projects, but we want to'be able to -,." -
walk .,by something on a day to day basis that is something so dynamic, ,so' unique,
so creative and so beautiful, that we can all be proud -'of it:and-we can .make,
on it. So'•whit'we are asking you is for honestly, sincerely what.I consider,
mnimum_varancesand`I:do that; in view of_what's `been ;granted before.:' But.
all•we need "Ls.your�:asistance-and we that we will give_ you back something. in
return': that_ all. 'of.us can be proud of:
Mayor Ferrer. Alright, Counselor?
Mr. Traurig: We will call on `the rest of them to speak very briefly.:""I will"
ask for 'Mr.' Kenin, Mr. Chariin and Ken`Triester who's reputation in Coconut;
Grove isso outstanding.
Mr. David Kenin: Mr. Mayor and ineinbers of the Commission, my name is David
Kenin. I'm an attorney with offices at 1428 Brickell Avenue. I reside at
150 Southeast 25th Road in the City of Miami. I have represented Mr. Weiser
and Mr. Lefton in a number` of real estate projects throughout the Country,
hotel projects and I'm merely here to take two minutes to tell you that these
are builders and developers of hotels and managers of hotels who build what
they say they are going to build and I'm here to assure you that what they
represent to you, they will build and they will carry through and they will
do and they will perform as they have in other projects, not merely in this
County, but throughout the United States.
Mayor Ferre: Thank you, next.
Mr. Traurig: The next speaker will be Howard Charlin, a resident of Coconut
Grove.
Mr. Howard Charlin: My name is Howard Charlin and I'm an attorney and I
live at 3615 Battersea Road and I am a co-owner of the a lot at corner of
Aviation and South Bayshore. I think that it's a ... this Commission is offered
a unique opportunity to understand a project rather than apply a specific
zoning rule. This is an especially beautiful project which is a gift to this
community. You will have two hundred and some odd rooms.of beauty or two
hundred odd rooms of mediocrity; Your only choice is between beauty and mediocrity:
and I don't see how there really is a choice in that area.
gl
Mr. Traurig: Thank you, Howard. Ken Triester.
.r. Ken Triester:. Mr. Mayor and Commissioners, I'm Ken Triester and I live
in Coconut Grove and I work in Coconut Grove and I developed some of the projects
in this area and I might say that with my partner Joe Goffy, we own a office
in the Grove and thoughourcolor is in green for some reason we never got that
color up there. We did send in a letter saying that we approve this project
and we own as you know the corner of 27th and Bayshore. I want to just address
quickly as an architect the technical question so that there is no misunderstanding.
Number; one, they can put the same density of number of rooms in this hotel.
They want to put bigger rooms therefore they need a larger FAR ratio. Number
two, the side setbacks are arbitrary. When Zoning people and Planning people
in their best widsom design a rule book they do it without the benefit of
knowing a particular site, a particular area. An architect's challenge is
obviously to do the best thing for his community as his own moral, creative'
honesty and for his client and in this case there is violations in the setback,
but those I think the Planning Department are the ones who originally wrote the
rules, probably would have done if they were the architects, but they c'dn't
have the opportunity of designing each specific project for a specific El.to.
So I think it is within your jurisdiction and actually widsom to variance ,..de
setbacks if it makes sense architectually and I.can tell you as an architect
unless there has.... this conforms to good building practice, good design and
therefore the arbitrary rules, I think should be waived. And third, I think
there is an important thing here that the City Commission should think about
for the future. 27th Avenue should be widen. It should be a thoroughfare from
U.S. 1 to Bayshore Drive. You have Dinner Key, you haveparking, you have a
beautiful bay front development, but you have a limited access. You encourage
people to come through the village center and through Main Highway. You should
encourage them to come through 27th Avenue and someday there is going to be
someone here that widen 27th Avenue. Now, what we are doing though is hurting
the widening, because every engineer I speak to says the reason we don't widen
it is because of the setbacks. We don't get them from the people that own the
property. One of the reasons is that built into the rules and regulations is
a penalty for dedicating land on 27th for that road and what the City stamp
says out of the rules, not out of any judgement I don't think, is that if you
dedicate land to 27th widening you lose the value of that land for FAR and that'
what's happened here and what I'm saying to you is we should change that rule.
We should give them a bonus even if theycould quickly dedicate that land so
we could widen the street. But herea developer wants to give the land, I think
we should, accept it---- I mean, the City--- but not penalize them by subtracting
that land from the total land area. And just last I. want to congratulate the
City again and I have done it many times. You have a Lineal Park that stretches
from Peacock Park to Kennedy Park. You are to be. congratulated because you have
done the right thing. You have a park on the water, you have a malecon main
boulevard which was widen several years ago :and +`then you have highrise on the
other side. So you allow the public to ride Bayshore Drive and see one of the
most beautiful developments we have in boulevards. You allow the people to see
the water and the boats and then you allow developers to build a highrise on.
the other side so people from elevations car; enjoy the beauty without marring
the public's access to the water. Now, that wasn't done on Brickell Avenue and
I think it was a mistake. And it wasn't dune in Down... North areas, it was,
done in, of course,: Bicentennial Park and it was done in :;Coconut Grove. ;>So I
think we should encouragethis type of highrise development on the West side of
Bayshore and again, applaud the City for keeping the Lineal Park because I think
it's two and 'a half wiles of park which you had a lot of courage to do over
the many years and it's goingto be... it is an asset. It's the most used
park probably in the Country I° would say with all the multi -activities that
goes on there. This building is good for the City. I think it's good for ou
tourist economy, I think it's good for Coconut Grove and I think it marries the
total concept that the Mayor and the City Commission have been trying to bring
to Coconut Grove for many years and`I would urge you to support. Thank you.
Mr. Traurig: Mr. Mayor, to my knowledge the last speaker on our behalf is Mr.
Weiser who is one of the co -developers of the project.
Mr. Sherwood Weiser: Mr. Mayor and members of the Commission, I'm Sherwood
Weiser, one of the owners of the proposed project. I think you have listen
patiently and I think you have listen long enough to all of us. I think the
best thing that I can do is merely say thanks to the community, ahead of your
vote and ahead of your approval which we hope we will get tonight, but I think
the community does deserve a note of thanks from myself and my partner for
being so interested, for being so... taking so.much time, for taking their own
personal time. I'm speaking of the Tigertail, the Civic Association, the Chamber,
Lester Pancoast, others that have come here tonight... Mr. Balfe who had to leave
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l 170 JAN b 140j
these people have really taken an interest in what we had to say, have counselled
with us, have spent the time and have been thoughtful and helped us in developing
this plan. I want to thank them and I want to thank you for interest and your time.
Thank you.
Mayor :Ferrer Alright, now we will hear from the opposition. And Mr. Traurig,
you will have time for rebuttal.
Mr. Neibrief: Alright, Mr. Mayor, Vice -Mayor and Commissioners, I would like
to make a brief opening statement introducing a number of speakers and then
have some time to rap up my rebuttal. To begin with, I and maybe everybody in
this roomspecifically including those who didn't come to speak in favor of
this project. I think everybody is excited by it, I am and it doesn't mean
that it has to be built the way it's proposed. I don't thirk that there is
any doubt that if the applicant is sent out of here with a denial of this
application and this City Commission upholding the unanimous findings of the
Planning Board, that this hotel can not go back to the drawing board and come
back before this City Commission with a.little different design. They simply
want to use more square footage, get a higher profit for the sale of is and
so forth. There is no doubt in my mind that they can come back with a different
design and it will still be a beautiful one. I have some specifics that I
would like to address myself to after the adjoining property owners have
spoken. Mr. Micheal Goldberg who is against the project has written objections
on file, he is not able to appear, he is out of town. A representative of
Antigone Investments which owns the Bayshore Village Apartments is here to
speak and his name is Juan Gonzalez.
Mr. Juan Gonzalez: Mr. Mayor and Commissioners, my name is Juan Gonzalez,
I represent the owners of Antigone. Investments, they own Bayshore Village
Apartments. This is a sixty-two unit apartment building adjacent to the
proposed site of the hotel. We are right next to the right hand side facing
Bayshore Drive and in the sixty-two units all of the light and air that everyone
of our units can get is goingto be towards the hotel. All our windows are
going to be facing the hotel and all of our air condition is replacing the
hotel. I should say that I don't oppose to the 'hotel being built, but why not
redesign it. There is some conflict as far as I could read in the plans that.
I saw here in the City as to the parking structure. I".think that they have
taken the height of the three story parking structure by average level or by,
the average level itt the parcel of property. 27th Avenue is much higher than
South Bayshore Drive and therefore it will bringtheparking structure higher
on Bayshore Drive than. on 27th Avenue interrupting light and airfromour
building. Our building we bought and we only have a setback, I" believe it's
very few feet an alley as a matter of fact, but we acquired it as it was. The
Coconut Grove Hotel, Jamestowneverybody,:has got variances on their property.
When are we going to stop? There is:a.time to stop and I:_ think it's •now. .``We
are concerned about the tourist that .are `going to come to Coconut Grove, about
the people that work in Coconut Grove that live in a building like,
ours, that when they have to open their windows and lookout at a big structure
ten, fifteen feet high and they don't have any light, that they don't have any
air are goingto decide to
go some place else. I"don't see anything wrong with
building a Holiday Inn or a Howard Johnson. I think they are a fantastic chain
of hotels. I think that Coconut Grove as a matter of fact, needs one to bring
the working class up to Coconut Grove. We don't need only the people that
can pay a hundred dollars a room. What's wrong with having a Holiday Inn or
a Howard Johnson. The setbacks are be a large "encroachment -on 'the 'peop1 that live in
our building. It's going to representan economic loss to,begin.with tor the
owners of Bayshore Village, which they have held the property for aver three
years. They don't have their mind any sale of any type, but I'm sure that a
lot of the tenants are going .to move out of that building once that building
starts and is finished. That's all I have to say Mayor, thank you, very much.':.
Mr. Neibrief: Alright, now 1 would like to introduce Walter Sonenreich who is
the owner of the Villas Apartments which sits immediately North of the Bayshore
Village Apartments.
Mr. Walter Sonenreich: My name is Walter Sonenreich and I'm the owner of the
Villas Apartments is the smaliest•of•.the group and as they repeated I have no
objections to a beautiful -being built there,'but Idon't wee why they need the
special variances at other peoples.. expenses. Now, the air situation and height
and everything else arealready crowded. If theybuild over there that Northwestly
part would be completely blacken out.` Secondly, for present and future development
it cause hardship and one minor point, they talk about the wall being ten feet,
eleven Zeet, twelve", fifteen, thirty whatever it is%just imagine the wall
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JAN 2 41980
starting at 27th Avenue, the property between it eventually it will have to be
built to equal in value and all that. You have another wall going all the way
down to Coconut Grove Hotel and that will keep on down and down and down. What
about the people that are walking along Bayshore. You can't see the Bay from
there, what are you going to see, the parking lots and the wall. I mean, there
must be another way that they can make the thing cut for everybody.
Mayor Ferrel Alright. Counselor?
Mr. Neibrief: Now, in seeking to build this hotel as proposed I think that there
isno doubt that they are here to maximize the number of rooms that they can
rent and: they are going to be rented at a very nice price, probably more than
the Sail Boat Bay charges per day. It seems to me that they are just seeking
a variance for a profit motive and there is nothing wrong with wanting a profit,
but;I think that's the only reason that they are here. The ilanning Board
voted unanimously against this project as proposed. Why? Tl•ey are the experts.
They are the ones that studied it -at length; The Planning Board asked this group
of gentlemen to sit down with them and attempt jointly to design a hotel that
would comply with side setback requirements. The Planning Board was refused.
Nobody wanted from this group to sit down with the Planning Board and c,ne up
with something that a variance needn't be granted for. Why? I don't kip..
Perhaps;to do so would have stripped this group from an argument that they are
making. There is no other way we can do it gentlemen. I'm excited by this
project. I think each and everyone of you gentlemen are too, but I think that
there is an attempt being made here to pack this room with fine upstanding citizens
who have all got a great track record and you believe in their credibility ana
there is nothing wrong with that,but there is an attempt being made here to
show that it can't be built any other way. It's already been stated by a number
of the speakers in favor of the hotel that they patiently waited twelve or
eighteen months protracting to a future date the opening of the hotel, that
they tcould .have built something a little bit less. It would not have served the
gentry class to use another adjective, but they wanted to serve the gentry class.
They wanted to build a hotelthat will buy a lot of items in the Mayfair shops,
well, that's fine, but it's a sham gentlemen. They can build the hotel without
comingwithin'twenty-one feet of the Bayshore Village Apartments or it would
be the property immediately Southeast of the hotel site. The Fire Commissioner
for the City,,; Herman Brice, if you sent this to him 1 think he would tell you
that you cant even get a fire truck through a twenty-one ;foot setback area. If
a fire should develop on the Southeastern side where a truck needs to,be brought,
in you can't even do it. That is the reason :for a two to one ratio, partially.
at least, that you want to drive a piece of fire equipment say in: off Bayshore
Drive to be able to get :hoses _up in theair to an upper floor, that's the
reason why you got a two to one ratio. The higher a building is, the more of.
a setback that's required. You can't even angle a ladder up in the air to
fight.afire. Once something is approved and ground breaking begins, that's it
you gentleinen have lost it. You have voted something in, you have approved
something and we are all going to sink or swim with whatever is built. But as
has been stated here tonight they have patiently waited eighteen months because
they have a civic concern and that's commendable. Why can't they pay their
architect a little bit more,; sit down and draw up a different plan that perhaps
doesn't need such a variance from seventy-five point seventy-five feet down to
twenty-one and from seventy-five point seventy-five feet down to fifty one feet
on the other side. Perhaps their room squarefootage would be reduced by ten,
twelve, fifteen percent, I don't know, I'm not an architect. Perhaps their
total number of rooms would be somewhat reduced and they would have to charge
a fewdollars more per room per day and they would then be pricing themselves.
a little bit out of the bali park. I don't know, I'm not into hotel econoinics.
What I do .know is that this is their second or third bite of the apple. They,,
had the Planning Board, they had the Building and Zoning .and now they have got
you. And not once have they attempted despite the attempts' for a redrafting
from the Planning Board, not once have they attempted to come up with a different
design. Again, I'm excited by the project. I would like to see the hotel. I
live in Coconut Grove, my office is in Coconut Grove, I would be proud to have
that hotel here, but not that specifically designed hotel. Mr. Traurig has
shown you a nice aerial photograph of the way high structures have been put
on nearby parcels of land, but really what on, earth can you tell from an aerial
photograph taken from that distance away. You don't see a darnthing about
how close to adjacent parcels those other structures encroach on their own
property lines, you don't see anything.. They only argument that's being made
by that photograph is that you should grant this spot zoning because the other
property owners that have got those tall structures have been given their spot
zoning. Well, let's have a hotel, let's have a nice hotel like this, but not
this particular hotel. Don't be snowballed gentlemen, it can be redesigned,
they haven't even attempted to so so. Again, they want to go for a special
gl
JAN 2 419aj
kind of -tourist that can pay gentry dollars per day for a hotel room, fine, but
if it's going,:•to cost that much money per day per room let them build fewerrooms
and-charge:a few dollars more for hotel rooms. The people who can pay that kind
of money -to rent the room for a vacation, it's not going to make a` difference to
'them. T would like a little bit of rebuttal time at the close of Mr. Traurig's
reouttal:-
Mayor Ferre: Alright, next speaker in opposition? Are there any other opponents?
Alright, Mr. Traurig,if you would windup your statement.
Mr. Traurig: Just one minute. We believe that the decision of Mr. Lefton and
Mr. Weiser to commission' a design to serve a special clientele was a wise. decision.
It will serve a significant segment of the tourist economy.. The objective, was
not to. become.a leadist,;but'?to-serve that,special element for which there are
not adequate accommodations right now and to fill a gap in both Coconut Grove-
and the City of Miami with regard to that type ofaccommodations to provide
a -special service. To' provide an alternative for the kind of facilities that
are presently available. Yes, we could build a different building. We could;.
build what you. are talkingabout if we went to twenty stories rather than the
fifteen stories and wouldn'thave to seek the variances and we could bL.;ld a
.pedestrian kind ofabuilding and. there are no height limitations. We ar
asking for theopportunity to build this special kind of facility. We uzge
you to give them the encouragement to proceed to fill that gap for the'benefit
.of the City and thebenefit of Coconut Grove. Thank you, very much.
Mayor Ferre: Alright, on rebuttal.
Mr.:'Neibrief: Mr. Neibrief,'Mr. ,Mayor. `,Ok, very. briefly. When does the
granting ofa variance as subsequent, property owners appear here, when• does,: it
end? When have you:finally.thrown the" -baby out, -with the bath Water ---:to use
an old cliche. When have you -killed the goose that laid the g�lden egg?'When
have you totally thrown away the beauty of what exists out hereon:Bayshore
Drive and the final destruction of which'isgoing to.ultimately cause"people.to :.
say "Coconut:Grove, well,big deal".'= You -made a;downtownSausolitooutof-it.
You crowded everything in and you know, well, what ;have you got anymore.
'Gentlemen, send them back to the. drawing board. Your Planning Board reviewed.
'this at length with the kind of expertise and multiple man hours that you,
,simply are not being given here, tonight:: to: study this sufficiently. 1 think
if you showed this to your Fire Commissioner he would be appalled. -He"couldn't
fight a fire in there. God forbid there were a disaster. Again,. ;I want the
hotel, my clients want a hotel, but let.them redraft it. Thank you..
Mayor Ferre:
Commission?
Alright, thank you, sir. Alright, what is the will of this.
Mr. Carollo: Mr. Mayor, frankly I would like to state that I have been impressed,
with the project and:with',the'presentation that has been given in favorof-the
project. I think this hotel is not -,only going to be an asset to Coconut Grove,
but the City, of Miami as a.whole. I move that we vote for the application
with "all the variance that is included in there, that's my motion.
Mayor Ferre:. Alright, there is a motion: for the overturning of the position
of:the Planning... I -mean, of 'the Zoning Board.
Mr..Lacasa: Second.
Rev. Gibson: Mr. Mayor?
Mayor Ferre: It's been seconded, is there further. discussion? Alright call
the' -roll.
ON ROLL CALL:
Mr. Plummer: I'm sorry,,I thought Father was going to speak. You are not
going to _ say anything Father?
Rev. Gibson: I will say it when I vote.
Mr. Plummer: Alright, well, I can do the same.
Mayor Ferre: Well, wait a minute, if you are going to do the same, then continue
call the roll.
gi
JAN241980
Mr. Plummer: Well, he did. He called my name.
Mayor Ferre: Oh, I'm sorry.
Mr. Plummer: Unless I made a mistake. Mr. Mayor, just a few comments. I will,
try to>keep :them brief so you can still get out of here by midnight. The gentleman
in objection;' raised a point ;which I. think needs addressing, a number of points.
Ithink that it is a beautiful structure for Coconut Grove. I think it is a
very fine addition to Coconut Grove. I think it is going to enhance the overall
situation in Coconut Grove because some of the times that I have heard that the
Dinner Key Auditorium regardless of what's it's called now has not been used
because there are not adequate facilities in the immediate adjacent area to house
the convention or the `show .that wanted to be into that facility. Another comment
was made about this spot zoning. Absolutely untrue, it is not spot zoning.
They "are not asking for a change of zoning, it complies with the present zoning.
The Jamestown was brought up, the Coconut Grove Hotel, Yacht Harbor. Mr. Traurig,
you are right, but you are wrong. You made the comment "my greatest concern was
about the size of the rooms". I still feel that way. If you are not going to
do anything but go by a book, then let's quit bringing any zoning matters before
any Board. You don't need a Zoning Board, you don't need a Planning Bk.rd and
you don't need a Commission. That's what we are here for to hopefully bu'ld in.
some flexibility to be able to enhance a structure such as this which is not the
norm. I don't want and this is not detriment, a Howard Johnson or a Holiday In?i
in Coconut Grove, I don't think it blends to the character. Where you are
wrong is Mr. Traurig, my greatest concern and I think that expressed by most
of the people in reference to Jamestown was in reference to doubling the size.
of a lounge and the closure of the streets, that was the greatest concern. I
assume once this is opened we will find out what subdued lounge is. I can read
everything in between those lines of a subdued lounge. If you ask Lacasa, I
think he and I concur of what subdued means and we didn't say that within the
ears of Father, who would I'm sure bless us. All I would like to say is
inspite of the fact that many times this Commission has had fingers pointed at
us I am proud of the Coconut Grove. I live in the Grove and I want to see the
Grove blossom into something that I. think is befitting all of us. I think it's
a nice project and I'm proud` to vote "yes".
Rev. Gibson:" Mr. Mayor and members of the Commission, this happens tobe one
-ofthelew times I..have beenon the Commission. when 1 have seen a complete ;,`
.turn"around.: I thought I"waswitnessing what wean church language say'this
new day, Glory Hallelujah" for certain of the people who took that mike
to take; the position"they took. I wondered`if I; was hearing angels. I'm'.
happy to aea thatCoconut. Groveis•coming together and has decided that change
is; inevitable and that;not alwayswe have to stick to the letter of the law,
but that we must sometimes live:by the spirit, because the letter can kill, but
the spirit ought.to`live or'just..the reverse. So I am happy. • I'm happy that.
we have -seen and heard;:a cross section, that some people who are professionals,
say..• like the architectsand'some of the lawyers and especially these.civic
activists,. good goodness, for. them to :be here rah -rah, rahing I just couldn't
believe'it and"with that in'mind I, just couldn't help but say "well, Gibson,
•• you don't have much of a choice, `it has to be alright" and I liked what I saw.
I:think it will be an improvement to this community and I think that while
some of:us may have... no, no. While a few people may have some fear and intrepidation:`
about what's being proposed,I think that after the building has been constructed
that we, all are going: to be:.happy and I want to trust that, you know, at this
moment and time and so I vote "yes".
Mayor Ferre: On the record Mr. Traurig, I want to make sure that it's clearly`
understood, because somebody just mentioned to me that there might be a
possibility that this would not be built at all and that these might... who do
not own the property here may not buy this -and may turn it over to somebody else.
It is the clear intention--- Mr. Katner----.-of the corporation that they fully
intend to purchase this property and proceed with this project forthwith on
the record?
Mr. Traurig: I could answer that question, but I think that they themselves would
have greater credibility and I think that they ought to be on record as to
their intentions. I can't believe that we *have come this far without... to
bonafide the intentions.
Just a.simple answer, please.
UNIDENTIFIED SPEAKER: The simple answer is"yes":Mr. Mayor and we are residents
of this community.: This•is a project my partner and I are going to do. We have
174
JAN 24190;)
•
lived with it this long, it's our project. We are going ahead with it.:
Mayor Ferre: Thank you, sir. I want to in voting "yes" make a statement
about how... I feel very strongly that Coconut Grove must maintain the
quality in the direction that it has taken. Now, to people like Mr. Sokolski
and I:'read with a great deal of humor his statements into the recordat the
Zoning hearing and it seems almost incredible to me that someone like Mr.
Sokolski, once he gets his is continually coming down here against every single
thing that come before this Commission that in anyway means progress for this
Coconut Grove area, totally against everything. And I certainly hope that
those that are new believers will with a good critical eye make sure that
quality products come to the Grove and that we continue to have the kind of
Grove that we now have. And as I remember many, many years ago, I think a
real good architect in this town and I won't mention his name, said tome it
isn't how many you stack up, but how you stack them up and I think that's the
real key. And Lester Pancoast has been a great advocate of that over theyears
and that is that, we really have to use our sensitivities and our brairs in
distinguishing right from wrong because there is such a thing as right ind.wrong'.
in design. Perhaps it may not be absolute, but there are sufficient gulf .lines'
for us to use that kind of discretion and I'm happy to vote "yes" and make it
a unanimous vote..`
Thefollowing resolution was introduced by -Commissioner Carollo, w omoved
its adoption:
RESOLUTION NO. 80-66
A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE
NO.":6871,ARTICLE XI, SECTIONS 3 (2) (a) (c) AND (5),
TO PERMIT CONSTRUCTION OF A 204-UNIT HOTEL (GRAND
BAY HOTEL) ON LOTS 9 THROUGH 15 AND 28 THROUGH 40,
LESS DEDICATIONS, BLOCK 41, NEW BISCAYNE AMD (B-16),
BEING APPROXIMATELY 3209-31 AND 3301-03 S.W. 27TH
AVENUE AND APPROXIMATELY 2667-75 S. BAYSHORE DRIVE,
AS PER PLANS ON FILE, WITH 1.79 FLOOR AREA RATIO (FAR)
(1.5 FAR PERMITTED), 21' (75.75' REQUIRED) SOUTHEASTERLY
AND 51' (75.75' REQUIRED) NORTHWESTERLY SIDE YARDS AT
THE POINT OF LEAST DEPTH AND SUBJECT TO REVIEW BY THE
ENVIRONMENTAL PRESERVATION REVIEW BOARD; ZONED R-C
(RESIDENTIAL OFFICE) DISTRICT.
(Here -follows body of resolution,: omitted`,here and onfile;
in the Office of'the City Clerk.)
Upon; being seconded by: CommissionerLacasa, the resolution: was,.passed` and
adopted by the following vote._..
AYES:
NOES: None.
gl=
Commissioner Joe .Carollo
Commissioner.J L .Plummer, Jr.
Commissioner':(Rev.) Theodore R..Gibson.*,
Vice -Mayor Armando Lacasa.,
Mayor Maurice A. Ferre
JAN 2
46.
APPEAL ZONING BOARD'S DENIAL OF A VARIANCE FOR PARKING REQUIREMENTS -
6200 BISCAYNE BOULEVARD. (THE SHALIMAR.MOTEL)
•
Mayor Ferre: We will now take up th last item on the Zoning Board which is Item
#6, which an appeal for application by Mr. Gibalski of the Zoning Board's denial
of a variance for parking requirements at 62PO :liscayne Boulevard, the Shalimar
Motel. The Zoning Board by a three to throe vote, voted to recommend which
in effect constitutes a denial.. The Planning Department rec.mr•.ended a denial.
There were five objectors by mail and at this time we will h,,ar from the Department
and then from the proponent. And how many opponents do we have here tonight?
How many are here in opposition? Three. Alright, we will hear from you in a
moment then. Alright, first from the Department.
r. Plummer: Whipple, 'Item 6.
'Mr. Whipple: Commissioners this is an Item that involves a change of use. The
subject property was originally used for a motel purposes and at the time it waa
constructed met all applicable laws, including the parking requirements. A number
of years ago, however, the motel use was abandoned and for a use for the, I
believe it's the Junior Achievement Association or something of that nature of which
they met the parking requirements for that particular type of use and activity as
it was not a motel use. Within the past year that use was abandoned and the appli.: nts'
wish to revert: back to the original motel use. However, as the motel use was
abandoned and does not qualify as a ica l non -conforming use, they must meet the
parking requirements under curr+:nt standards. So it is under this basis that the
applicants are before you requesting a waiver of the parking requirements under
the current standards. The Department feels that as a motel use current day needs •
that parking should be provided, although, it can't be provided on site, but should:
be provided perhaps on another site and therefore, we have recommended denial of
this require.
Mayor Ferre: Alright, Mr. Malek?
Mr. Joseph Malek: Mayor Ferre, Vice -Mayor Lacasa and Commissioners, my name is
Joseph Malek, my offices are at 350 Lincoln Road, Miami Beach, Florida. I represent
F.T.W. Corporation, a Florida corporation who principal officer is George Gibalkki
who is sitting here on my right. Gentlemen, F.T.W. Corporation purposed the
Shalimar Hotel located at 6200 Biscayne Boulevard, Miami, Florida for Junior
Achievement of Greater Miami in July 1.1, 1977 or approximately two and a half
years ago. This is a fifty room motel built approximately twenty years ago and
built in accordance with all of the rules and regulations and zoning ordinances of
the City of Miami and it operated exclusively as a motel until 1975. In 1975 the
motel was donated to the Junior Achievement of Greater Miami, who for a time ran it
as offices and in 1977 having no further use for it and having allowed the property
to Ro in disray and to be completely unattended sold the property to my client,
Mr. George Gibaisei who immediately fixed this property up beautifully. Renovated
it, rehabilitated it, took care of the broken windows, put in new carpeting made.
a very, very nice place out of this. Now, I will tell you this, that no where in
the public records of Dade County, Florida, no where in the abstract of title, which
is the only thing we could search when we buy a piece of property could you determine
was there any act or any caution, any warning that a use had been changed in that
particular property and so in the twinkling of an eye lash the use was changed.
Nothing else changed in that building, •nothing. The property is exactly the same
way as when it was built twenty years ago. And not only this but in 1977 and 1978
and 1979 my client paid for and recieved City of Miami licenses, State of Florida
licenses, County of Dade licenses, nothing has changed. It came before the Zoning
Board on two applications, one application was approved, the other was tied three
to three on the basis of parking. We do meet the economic hardship, we do meet the
every criteria of the hardship variances and so we ask you to override theruling of
the Zoning Board and put this man back in business.
Mayor Ferre: Alright, thank you,; Mr. 'Malek. Yes, sir?
Mr. Doug Harris: ;Mr. Mayor, Mr. Vice -Mayor and respected Commissioners, my name
is Doug Harris and I am the owner of a four unit apartment building located at
547 Northeast 63rd Street and another four unit apartment building at 550 Northeast
63rd Street. Other owners present with me tonight are Mr. Tom Smallwood and Mrs.
gl JAN 2 419$Q
116
Mary and they:,have asked me to speak in their behalf in the interest"of
time. I have prepared a transparency, if I may I would like present a blowup of
this,
Mayor Ferre: Sure, go right ahead.
Mr. Harris: Also I have prepared and would like to present to you
(COMMENT INAUDIBLE). It might be a little hard to see on the base
transparency... maybe if I move it just a little bit. This is the
which is occupied by the Shalimar Motel. You might also...
Mayor Ferre: We have it own page two which you just passed out.
Mr. Harris: Ok, very well, sir. As you can see from that transparency and
from the density study type of housing on the first page there are a total
of a hundred seventy-two occupied dwelling units in that one block area
there. We own the property located here indicated by the circled addresses..
There is extremely limited off-street parking. I also have here a number of
pictures which were taken of this very recently, which show that peop11 have
to park in their front yards and they have to double park. There are m..ny
two car families. This is a changing neighborhood where there are many
husbands and wives working. I might also point out that there are two other -
motels. One on each side of the Shalimar Motel that meets the ordinance for
off-street parking. There was no problem in parking when Junior Achievement
had the building. It is not a particularly safe area, although it is highly
patrolled by the Police Department. There are numerous occasions when the
working wives come home and will ocassionally have to park one or two blocks
away and walk home because they cannot find a parking spot in front of 'their
apartment building or in front their homes. At the hearing of the Planning
and Zoning Commission or Board, the Department of Public Works rquested.that`:,''
the variance be denied. The Department of Traffic and Public Safety .requested
that the variance be denied, the Departmtent of Planning and Zoning requested`'
that the variance be denied. I would not be in the best interest of the
citizens in North gate Subdivision for this variance to be granted. Parking
is severely limited and at a premium. We request that the variance be
denied.
Mayor Ferre: Alright, are there any other speakers at this time? Alright,
Mr. Malek on rebuttal and then I will recognize you again, if you wish to.
Mr. Malek: Briefly Your Honor, nothing in that property has changedsince the
original use. There is more than sufficient parking available for "the 'use of
our clientele. We are of seventy-five to eighty percent occupied in the ;,Winter,:
fifty to sixty percent tops in the Summer time. We have never.had a problem with
parking. We have more than adequate parking for our hotel... for our motel..;'
We cannot provide parking two blocks away or three blocks away as shown on his
map that there is a vacant lot. Nobody is going to come ':toa motel and park a
block away or a block and a half away., It's economically unfeasible for us to
do anything and we actually meet all of the hardship requirements as required,,:
by the City of Miami. I would say that this action does not ,;result: from any-
thing that we did, these are really special circumstances.and conditi�ns which
exists which are peculiar to the land and the structure.- It doesn't... it has
nothing to do with any other property. It is merely what happened in the
flash of an eye lash.
Mayor Ferre: Alright, thank you, Mr. Malek. Sir?
Mr. Harris: Gentlemen, I would like to disagree with Mr.-Malek, there; are
number of people that do park a:block to a block and a half away fromthe
motel. The motel has been raided on numerous occasionsonce by the swat team,
by the narcotics squad. There are a number of folk that do utilize the motel,
that do not choose to. park in the parking lot of the motel,but on the streets
in front of our building.
Mayor Ferre: Alright, what's the will of this Commission?
Mr. Carollo: Mr. Mayor, if may ask a question before I express my opinion.
Up until this point I haven't... and•I have read everything that I had very
carefully and I gather, with the motel myself. Up until this
point I'm not aware of any complaints that have been lodged against the motel
in reference to prostitutjon or narcotics of those kinds of problems. Is tnere any other.:'
information here to the contrary that might be brought forth and dates?
gl
JAN 2 41980
UNIDENTIFIED SPEAKER: Sir, I could not supply that at this time, but it is
a matter of public record and could be taken from the Police blotter_ of tity
of Miami.
Mr Malek: Are you charging my client with this?
UNIDENTIFIED SPEAKER: No, I am not charging your client with anything.
Mr. Malek: Because there is `no charge against my client at'any time for anything
like this.
UNIDENTIFIED SPEAKER: I
m merely stating what has taken place at the motel.�a
Mr. Malek: If a man was arrested in the hotel for having drugs that doesn't
make client a participant. He might be arrested in your home, that wouldn't
make you a participant.
UNIDENTIFIED SPEAKER: I'm not accusing the owner of anything, I'm reporting:
the action that has taken place at that location.
Mr. Malek: Well, thank you, very much, because our reputation is clean. We:.
are a member of the Northeast. Association...
Mayor Ferre: Alright?
Carollo: If I may add Mr. Mayor, that's been .my main concern from,what:
I have been able to read and research I haven't had any proof to the' Contrary, .
except what this gentleman presented. I really feel that we have to do'.justice
here.- I think there is a hardship and I move that we grandfather them and.
approve the variance that they are asking for.
Mr. Lacasa: Second.
Mayor Ferre: Alright, there that the action of the Zoning Board be,reversed
and there is a second, is there further' discussion?
Mr. Plummer: Well, let me ask a very quick question before we go to the roll:.
call. What is the alternative?
Mr. ` Malek:
There is none.
Mr Plummer: I pay some.people some very big monies 'over here and.. don't
everybody... I'm sorry to wake you all up and inconvenience you, but I, asked
a question.
Mr. Perez: There is no alternative unless they find parking someplace else.
Mr.`Plummer: Do you honestly feel that people who go to a motel are going'to
park a block away? I don't., I: really don't. I,mean,:you are kidding yourself.,
You can provide it a block away, but it -wouldn't be used, let's don't,kid .our-
Selves.
Mayor Ferre: Further questions? Further questions, call the roll.
The following resolutionwas introduced by Commissioner Carollowho moved
,
its adoption:'
gl
RESOLUTION NO.:80-67'
A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE
NO. 6871, ARTICLE XXIII, SECTION 4(6), TO PERMIT
THE OPERATION OF A 50-ROOM MOTEL (SHALIMAR MOTEL)
ON E40' OF LOT 11 AND ALL•OF LOTS 12, 13, 14, 15 AND
16, INCLUDING A CERTAIN STRIP OF LAND LYING BETWEEN
LOTS 13 AND 14 MARKED "NOT A PART OF THIS PLAT", LESS
DEDICATIONS; BLOCK 10, NORTH GATE (8-88), BEING 6200
BISCAYNE BOULEVARD, AS PER SKETCH OF SURVEY ON FILE,
PROVIDING 14 OFF-STREET PARKING SPACES (118 OFF-STREET
PARKING SPACES REQUIRED}, IN CONJUNCTION WITH A
CONDITIONAL USE APPLICATION GRANTED BY ZONING BOARD
RESOLUTION ZB 211-79 ON OCTOBER 22, 1979; ZONED R-4
(MEDIUM DENSITY MULTIPLE) DISTRICT.
J.78
JAN 2 415a0
(Here:follow-a body of resolution,
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.
Commissioner (Rev.) Theodore R. Gibson.
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
NOES: None.
47.
DISCUSSION OF STANDARD PROCEDURES FOR ELECTION OF COMMISSION APPOINTS
BOARDS - (DEFERRED).
Mayor Ferre: Discussion of standard procedures for electing Commission appointed
boards.
Mr. Plummer: We put that off Mr. Mayor, that was my request. We put it off
until the....
Mayor Ferre: Alright, with your permission we will put that off.
FIRST AND SECOND READING ORDINANCE: AUTHORIZING ESTABLISHMENT OF A
GARBAGE, TRASH AND RUBBISH DISPOSAL FEE.
Mayor Ferre: Alright, then the next one is the garbage disposal fee, which is
Item 24b. Mr. Grassie, you are recognized for Item "I", which is also or was
24b. Go ahead.
Mr. Grassie: Mr. Mayor and members of the City Commission, very briefly, what
we are proposing to do here is to provide a fee which will allow the City to
collect enough money; so that it can pay to: the County the charges that they
make to us for the disposal of refuses'in the City.
Mayor Ferre:
any questions of the Manager?
Mr. Plummer: Yes, the only question I have got Joe and • I'm in favor of this
project... Well,.I have got a couple of questions. Number one, one of the
things that you put into this, ordinance was a maximum of thirty-two gallon
container. Now, that meansthat everyone of my garbage cans suddenly becomes
illegal. I just brought brand new garbage cans with wheels on them, why do you
go to a thirty-two gallon container?
Mr. Grassie: Well, it's a good point Commissioner. What I would like to d0
and you raise a point which really involves not only that question, but also
some additional questions about the whole system of pickup. What I would like
to do if we could:_ is if you would give us say three weeks, I would like to get
back to you with :a full report that involves: not only the question of size of
container, but also the question of wheeled containers and mechanization, a
whole series of.things.
Mr. Plummer:Do you want
the fee, that...
gi
Alright,
o pass a niotion tonight that says that we institute
Mr. Plummer: The what?
Mr. Grassie: Ordinance.
Mr. Plummer: The ordinance, fine and -you know, but please separate it.
Mayor Ferre:, Alright, further questions?..Is
to move this thing?
there a motion? Nobody's going.
Mr. Plummer: Mr.':Mayor, I don't tnind moving it, but I=think it's got to 'be
said in the record alright and just briefly if nothing more and for nobody else's
purpose but the record. When the City of Miami had to go out of the business of
burning the garbage which I think we all were in. concurrence. When we had to close
Virginia Key because there was no more room, at. the time we -were looking at a
fee being imposed'; by the County, here we go again. We, give something to the County,
we gave them the land'to build it on and the first one that gets struck with the
fee is us. You know, we are the biggest damn fools in the world. And at that time
it was proposed as I recall from my reading material -that: the fee would be about.
six fifty or eight fifty. They now find that there is'`going to be a of sixteen
fifty. Now, there is just no way that you can continuously absorb that k'nd ofa
situation in to your..
Mayor Ferre: Plummer ;moves. .. it's almosttwelve, come on... so you will have time
to .make your`other:stuff,
Mr. ,Lacasa: Second.
Mayor Ferre: Moved and seconded,:.further discussion? Are you through?.
Mr. Plummer: I guess.
Mayor Ferre: Alright, call the roll.
AN ORDINANCE :ENTITLED
AN ORDINANCE AMENDING SECTION 20-13 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "FEES FOR DISPOSAL AT CITY INCINERATOR"
BY REPEALING SAID SECTION IN ITS ENTIRETY AND
SUBSTITUTING A NEW SECTION 20-13, ENTITLED
"WASTE DISPOSAL FEE", PROVIDING FOR THE ASSESSMENT
AND COLLECTION OF A WASTE DISPOSAL FEE; REPEALING
ALL ORDINANCES IN CONFLICT AND CONTAINING A
SEVERABILITY PROVISION; AND DISPENSING WITH THE
REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS
BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE
MEMBERS OF THE COMMISSION.
Was introduced by Commissioner Plummer and seconded by Commissioner Lacasa
for .adoption pursuant to Section 4,. Paragraph (f) of the City Charter, dis-
pensing with the requirement of reading same on two separate -days by a vote
ofnot.less than four -fifths of the members of the Commission-
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
commissioner. (Rev.) Theodore,;:R. Gibson
Vice -Mayor Armando Lacasa
Mayor; Maurice A. Ferre
NOES: None
Whereupon the Commission on motion of Commissioner; Plummer and
Commissioner Lacasa, adopted said ordinance by the following vote -
AYES:
NOES: None.
gl
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
ommissioner (Rev.)` Theodore R. Gibson
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
•
180
Seconded -b
JAN 2 41980
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO.`9065..
The City Attorney read the ordinance into the public record
that copies were available to the members of the City Commission
available to the public.
and announced
and copies were
49
•
APPOINTING THREE MEMBERS TO THE CIVIL SERVICE BOARD OF THE CITY OF
MIAMI.
Mayor Ferre: Now, we got Item 17, which is the appointment of three members to
the Civil Service Board. What's the will of this Commission.
Mr. Plummer: I move for the reappointment of the three existing.
Mr. Lacasa: °Second.
Mayor Ferre: Is there
Call the .roll.
any other discussion
The following resolution
itsadoption:
then or naming
was introduced by'
or anything else?`
ommissioner Plummer, who<move
RESOLUTION:" NO. 80-68
A RESOLUTION APPOINTING THREE MEMBERS TO THE CIVIL SERVICE
BOARD OF THE CITY OF MIAMI,;FLORIDA.,
(GERALD-SILVERMAN: CHARLES HADLEY AND LESLIE PANTIN JR.)
(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: None.
the resolution was passed an
Commissioner Joe Carollo
Commissioner (Rev.) Theodore R. Gibson
Commissioner J. L. Plummer, Jr.
Vice -Mayor Armando Lacasa
Mayor Maurice A. Ferre
A.RESOLUTION INDICATING CITY COMMISSION'S INTENT TO EXCLUDE FAST
FOOD RESTUARANTS AT DINNER KEY.
Mr. Ongie: We have this resolution on this franchise business at Dinner Key.
We haven't acted on that.
Mayor Ferre: What's that all about?
Mr. Ongie:. About the fast-food;; franchise.
Mr. Grassie: Oh, this is simply a resolution which indicates
not have drive-in and fast food concessions at Dinner Key.
Ma F Al
intent that.we
yor erre. right, moved by;Plummer, seconded by that we are not going
to have fast food or drive-in at Dinner Key in ,the concession.,that*.we"made this
morning. Alright, further._discussion, call the roll.
gl
JAN 2 41980
The following resolution was introduced by Commissioner Plummer, who moved
its adoptions
RESOLUTION NO. 80-69
A RESOLUTION INDICATING THE CITY COMMISSION'S INTENT TO
EXCLUDE NATIONALLY FRANCHISED FAST FOOD RESTUARANTS AND/
OR DRIVE THROUGH RESTUARANT FACILITIES AT DINNER KEY.
(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 an
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
51.
AMEND THE CONSTRUCTION AGREEMENT WITH FRANK J. ROONEY, INC. FOR
CONSTRUCTION OF THE CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L.
KNIGHT INTERNATIONAL CENTER.
Mayor Ferre: Is there anything else that you have Mr. Manager?
Mr. Grassie: We have one resolution Mr. Mayor and members of the City Commission,
which is relating to the Conference Center Downtown, because...
Mayor Ferre:
Mr. Grassier That is being passed out right now. What this does is allow us to
hold the Westinghouse bid. That's the elevator bid for the Conference Center an
we got a very good. price --on that bid. We want to hold it... What they are saying
to us is that if they are going to go ahead and do the engineering, do the construction
they want to be guaranteed that if we change our mind three months from now, that
we are going to:pay them for the work that they do and the upset price on that would
be seventy-five thousand dollars. Now,...
Mayor Ferrer Ok,`I have got no problems with this.
is being passed out right now?
Mr. Grassie: But I want you to understand that if we do not do the project, we would':
still owe them seventy-five thousand' dollars.
Mayor Ferre:
I understand, you have made that very clear.
Mr. Plummer: Well, that
are already in hock.
Mayor Ferre:
Mr. Carollo:
s only added to the other two land a half million that vie
Moved by Lacasa, is there a second?
Second.
Mayor Ferre: Seconded -by Carollo,
call the roll.
The following resolution was
its adoption:
further discusgj0 on the,resolutionas presented,
introduced by Commissioner Lacasa, who moved
RESOLUTION, N0. '80-70'-'
A RESOLUTION AUTHORIZING CITY MANAGER TO
AMEND THE CONSTRUCTION AGREEMENT WITH FRANK J.
gl
182
JAN 2 41980
ROONEY, INC. FOR THE CONSTRUCTION OF THE CITY
OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT
INTERNATIONAL CENTER TO PROVIDE FOR A CANCELLA-
TION CLAUSE IN FAVOR OF THE CITY UPON LIMITED
PAYMENT TO SAID FIRM IN THE EVENT THE CITY IS
NOT ABLE TO PROCEED WITH THE PROJECT, WITH FUNDS
FOR SAID PAYMENT TO BE ALLOCATED FROM THE CITY
OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT
INTERNATIONAL CENTER ENTERPRISE FUND.
-.(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..
Commissioner Joe Canino
Commissioner J. L. Plummer;_ Jr.
Commissioner (Rev.) Theodore R.
Vice -Mayor Armando,Lacasa
Mayor'Maurice-A.`Ferre'
Mayor Ferre: Mr. Grassie, on the same subject. You received a bid or we did,
the City, on the... it wasn't the furniture, what was it? What's that thing
that we received a... Now,. Plummer you know what... didn't we talk about this
to the Commission before? :There was one of these things that you got a bid on
and somebody called me up the other day to tell me that those people were about
to withdraw their... You know what it is Dick, what is it? You don't remember?
Mr. Grassie:
it a construction project that we are doing?
Mayor Ferre: It's something
bidded four or five things
a year and they are about to
is it furniture?
to do with the Convention/Conference Center. We
One of the things that has been hanging for about
withdraw their bid and increase it and I understand...
Mr. Grassier Well, we.. that was... we did...
Mayor Ferre:.
Mr. Plummer:
Seating.
Seating.
Mayor Ferre: "That's what it is. It's the.:seating in the Convention/Conference
Center, you got,a very low bid and evidently it'was the, lowest bid and these
people are about to pull this bid.:
Mr. Grimm:The seating portion of the Conference/Convention Center was never
awarded Mr.'Mayor.:
Mayor Ferre; Alright, the question to you is and I'm not... this is just
question. Is the City of Miami still interested in that bid?
Mr. Grimm: The City of Miami is' interested in providing seating. I cannot
answer your question as to whether we are.interested in that specific bid•(or
not.
Mayor Ferre: Well, would you please•answer•it for me by February 12th and
review the whole file and see where... and tell those people not to pull out
until February"12th and we will give them a final answer at that time, ok.
gl
183
JAN = 10011
52.
MOTION TO EXTEND PREVIOUSLY GRANTED VARIANCES AND/OR CONDITIONAL
USES TO MR. GOULD (BALL POINT PROJECT) TO A DATE NO LATER THAN
FEBRUARY 12, 1980.
ti
Mayor Ferre: Now, I have got one other very important and touchy subject. I
got a phone call today--- no, yesterday from... what's the name of the guy at
Ball Point? Gould. Theodore Gould. And he told me that it was... in his
opinion, he would have this thing wound up by February the 1st and that he
was sorry he couldn't get down here personally, but he through calling me was
extending this to you, that.would we please extend, the deadline from February
1st to February 12th because even though he thought that he could wind things
up by February the 1st, he did not want to;jeopardize`his negotiations which are
going on right now with his final lender and with the... .with Beck or somebody
else that he might get as a contractor.. And I think:it is=a reasonable request.
We are not going to meet between now, and, February the l2th and-1 think... 3
frankly, don't think that two weeks or--whatever,it is ---=twelve days...
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: I think we just can't; possibly jeoparde-somethinof this -''
magnitude on something that's that tight, you"know Iizg .....I think there is a
cut off date, but I`just frankly,;: don't think that we can be that.cold'on
such an important project. So h would...
Mr. Carollo: I will move that we',extend it Mr. Mayor,_:but I think that we
should draw, the line somewhere and either he comes, up with'it or` he doesn't
on the 12th.
Mayor Ferre:
Mr.P1
And I think I
would: concur with that
simmer:' What was that comment?
Mayor Ferre: His cotnrnent was that we
it.
Mr. Plummer:'
Mayor Ferre:
Mr. Plummer::'.
Mr. Carollo:
How many, more lines are
on the.record.
have to draw the line somewhere
we going to>draw
This is the first time we have drawn a line.,!
Oh, no.
Which is the bottom of the page, J. L.
Mr. Plummer: Oh, no.
Why don't wedo ;:it the other way-arond..
Mayor Ferre: Well, wait a minute, there is a motion on the floor
is there a second to the motion?
Mr. Lacasa: Second.
Mayor Ferre:
Mr. Plummer:
Mayor Ferre:
Mr. Plummer:.
12th.
and that's:
by Carollo,
k, now under discussion.
ow, what good is it, a bunch of railroad conductors.
Call` the roll.
would have preferred to say we will discuss it again
on the
Mayor. Ferre: The man. his a deadline, on the 1st.
Mr. Plummer: No, his deadline as you will recall was June the 1st of last year.
That's why we had to withdraw the lawsuit. You remember? You know, he put the
pressure and he put the screws to us. and I want to tell you something, as far
as I'm concerned, I think we ought to taik.about it on the 12th whether or not
we want to extend it. Put us back in the driver's seat, because we have been
out of it since the 1st of June when this company came down here and pressured
us. We've -got to have an answer by June the let". Yes, July, August,: September,
gl
184
JAN 2 41980
October, November, December, January and now we are to the 12th of February.
Mayor Ferre:
Does that mean you voted "yes"?
Mr. Plummer: What?
Mayor Terre: Does that mean you vote ryes"?
Mr. Plummer: Is it my turn to vote?
Mr. Ongie: Yes, sir.
The following motion -`was` introducedby Commissioner
adoption:''
MOTION NO. 80-71
Carollo, who .moved its
A MOTION TO EXTEND PREVIOUSLY `GRANTED VARIANCES'AND/OR CONDITIONAL
USES TO MR..GOULD, DEVELOPER OF THE BALL POINT PROJECT TO:A DATF,
NO LATER THAN FEBRUARY 12, 1980. •
Upon being seconded by Commissioner Lacasa', the motion was passed and
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 AL. Ferre
BRIEF DISCUSSION ITEMS;
LUNCHEON FOR THE CONSULAR CORP.
REAPPOINTMENT OF MEMBERS TO AFFIRMATIVE ACTION BOARD.
CORRECT RECORD ON VICTOR LOGAN.
QUESTION CONCERNING HUMBERTO CORTINA.
A) LUNCHEON FOR THE CONSULAR CORP.
Mayor Ferre: Alright. Now, Plummer what other goodies have you got for us?
Mr. Plummer: I got two things. Mr. Grassie, this Commission directed that
there be a luncheon put on for the Consular Corp., who is in charge of this? `.
Mr. Grassie:
Mr. Plummer:
Mr. Grassie:
Mr. Plummer:
Mr. Grassie:
Well, -it's going to be organized by Julio Castano
Who has...
Specifically the person will: be Gloria;Monina.
s, well, who has screwed it up to this point?
Mr. Plummer: You know, I am totally` at a loss to understand that a date is
set and the Commissioners are not even consulted as to the date being available
on their schedule. Now, if that doesn't amaze me, when you look at the spelling
on this engraved` invitation. They don't even know how to spell, much less
call the Commission Office to see whether or not...
Mayor Ferre: That's really unbelievable
Mr. Plummer: Unbelievable,,I want totellyou something... Omni, O-m-n-y.
I'm still trying to figure out what day in February f-i-t-h is. You must'
give a lot of planning to this, you could not screw it up so badly without
thinking about it.
gl
l /
Mayor Ferre: Anyway we Jilt do it anyway on the... oh,, we can. I can. Is
that at noon?
Mr. Plummer: It says noon, but that's latin, so it doesn't mean anything.
Mayor Ferre: Well, what time is it on the fifth?
Mr. Grassie:
Mr. Plummer:
I haven't gotten an invitation, Mr. Mayor.
h,;you haven't gotten one? That's the obvious reason.:
Mayor Ferre: Well, probably you are not going to be invited Mr. Grassie.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Plummer: My two secretaries tell me, no, that they werenever consulted.
(BACKGROUND COMMENT OFF THE` PUBLIC. RECORD
Mr. Plummer: That's true.`;
Mayor Ferre: Alright, is there anything else?
B) REAPPOINTMENT OF MEMBERS TO AFFIRNATIVE ACTION BOARD.
Mr. Plummer: Yes, the other point I want to make Mr. Mayor. You know, a lot
of people...' other do:screaming about this more so than I. I want to bring to
the Commission's attentionthe fact that the last Affirmative Action Board
Meeting was cancelled because no one reappointed the members, which meant they
did not have a quorum. Yet here it is two to three weeks later and there is
still nothing on our agenda to reappoint the members of probably the most
important thing thatis transpiring in this City.
Mayor Ferre:
that one.
Well, I would like to know why that is. Whoever
wants _ to address.
Mr. Grassie: Well, basicallywe are trying to take one,. of these Boards at a
time Mr. Mayor. To get one of them on each of your agendas,, but we are falling
behind with a couple of them.
Mayor Ferre: Well, why don't you get those couple and:`put them on the` agenda
for the 12th.
Mr. Grassie:
Mayor Ferre•
Mr. Plummer:"
Mayor Ferre•
Mr. Plummer:`
You know that you had the. Civil Service today.
So that we can catch. up.
Right after the appraisals are. done.
Plummer you got any other pearls of wisdom for us
tonigh
•
Mayor Ferre:` Alright, Commissioner Carollo.
C) CORRECT RECORD; ON VICTOR LOGAN.
Mr. Carollo:. I would like to make a correction for the record. Unfortunately,
the gentleman that made this statement is not here now. The reason I didn't
make the correction at the time because I was not informed of what was said
when I was not here. And this is in reference to Mr. Logan's boat show. He
made a statement. and I quote: "And he asked that out of courtesy to him I would ask
the Commission if they could defer this until this afternoon, because he is
not going to;be able to be here until 3 o'clock". I never spoke to this
gentleman today. He lied right out, used my name without my permission to make
this statement. I never touched bases with this gentleman today. Now, unfortunately
the man is not here, but the only thing I can add to this is that he is certainly
not a gentleman." A liar, "yes", but a.gentleman "no". And if my statements
could be gotten to him in any appropriate way.I would certainly appreciate it,
Mr. City Clerk.,
Mr. Ongie:. I will do that, sir.
Mayor Ferre: Alright, anything else?
gi
JAN24198p
D) QUESTION CONCERNING• HUMBERTO CORTINA. 41/,
Mr. Carollo: There is one more thing I would like to add. My... You still have
ten minutes before midnight. My position in this Commission as I see it is to
represent the people that voted me to office as citizens of Miami. I have received
numerous of calls, not only here at City Hall, but my own home requesting that
I bring out the subject of Mr. Humberto, Cortina. I have been asked to suggest
to the City Manager if it's at all possible to sit down with Mr. Cortina to see
if he might reconsider his position as far as leaving the City. Now, the people
that have got in touch with me have been numerous, like I stated and they feel
that he has been an asset to the community and to the City." So with this I leave
you... with that Mr. Grassie, I would just like to add that.I would certainly hope
that in the near future and the upcoming'future end,I.will be around here for,
at least four years or more, I would hope that at least out of courtesy you would
let me know before... two hours beforeyou make 'an appointment. Especially
when it has to do with the Latin Community, somethingthat;`is extremely close., to.
me. Now, I know that maybe I haven't surprised you, even though just my presence
here has surprised a heck of a lot of people already, but you, know, I guarantee. you
Mr. Grassie that at least in the next four years I will surprise you at t: leas"one
time, sir. So I would hope you will give -Me that small courtesy in'the future`
if possible.
Mr. Grassie: .We certainly will Commissioner, try. to, get word to.you. I ..rink
that you need to know that we called -you for a:day and a"hail, including calling
you at home and I left word finally,' when it was getting down be a.very close
situation, I told your secretary that I absolutely had to taik with you and...
Mr. Carollo: Sir, the first time that my office and:thatsI received. contact that
you wanted to speak to me was that Monday morning at approximately 11:30 in
the morning.
Mayor Ferre:. Well,
a half before?
Mr. Grassie:
and you are saying that you had called him for a day and
Mayor Ferre Ok. Well, alright, I think that Mr. Grassie, on the two subjects
that have been brought up. Ithink that Commissioner Carollo is within the
purview of what's appropriate under the Charter, that's a reasonable request
on his part. It is. not a demand and he is not interfering with the prerogatives
of the Manager, herequesting and I think that's a reasonable request on his
part. Now, with.regards to the second statement, I hope that he accepts it
like I do,- your statement that you tried for a day and a half and I think that's
an appropriate amount of time to tell the members of the Commission of a major
administrative decision with regards to an appointment of an Assistant City
Manager. And is: there anybody else that needs to make a statement to this?
Anything else;you want to add Joe?
Mr. Carollo: No, I would just like to add that My beeper number is 316 and my
home number is'443-0747.
Mayor Ferre: Anything else? We stand adjourned right before midnight. Oh,
Plummer, wait a;minute. I would like to commend Mr. Knox and the City Attorney's
Office for `the".major victory we had this morning when the Supreme Court of Florida
unanimously approved the validation of upholding the Circuit Court for the sixty
million dollar bond issue for the James L. Knight Convention/Conference Center.
I think that's a major achievement and my commendations to you and also to the
law firm that•assisted in this.
Mr. Knox Thank you, sir.
ADJOURNMENT:
There being no further business to come before the City Commission, on
motion duly made and seconded, the meeting was adjourned at 11:55 O'Clock P.M.
ATTEST: RALPH G. ONGIE
CITY CLERIC
NATTYHIRAI'
ASSISTANT CITY CLERK
gl
MAURICE A. FERRE
MAYOR
CITY OF IWAMI
DOCUMENT
MEETING DATE:
I NDEX
i
January 2"4, 1980
ITEM NO.
DOCUMENT IDENTIFICATION
COMMISSION RETRIEVAL
ANON CODE NO.
6
7
8
10
11
12
13
COMMISSION AGENDA AND CITY CLERK REPORT
AUTHORIZING THE CITY MANAGER TO ACCEPT A
$4,994,000 URBAN DEVELOPMENT ACTION GRANT FROM
THE U.S. DEPARTMENT OF HOUSING AND URBAN DE-
VELOPMENT, DATED OCTOBER 19, 1979.
ABOLISHING THE ELECTED LITTLE HAVANA COMMUNITY
DEVELOPMENT ADVISORY BOARD AND CREATING AN..
APPOINTED ADVISORY ; BOARD, IN THE LITTLE HAVANA
TARGET AREA AS PART OF THE COMMUNITY.; DEVELOP-
MENT BLOCK GRANT PROGRAM
CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL
ELECTION TO BE HELDON THE 11TH DAY OF MARCH:
1980
AUTHORIZING THE -CITY. MANAGER TO ENTER INTO
LEASE AGREEMENT WITH JULIUS C.`SMITH
AMENDING SECTION 1
AMENDING SECTION 1 OF RESOLUTION NO. 79-430
OF RESOLUTION NO.
GRANTING PERMISSION, AS PROVIDED IN ORDINANCE
NO., 6871, ARTICLE IV, SECTION 32, TO CON-
STRUCT AN ELECTRICAL SUBSTATION ON AN UN -
PLATTED PARCEL ON VIRGINIA KEY
TO RECOMMEND THE OFFICIAL VACATION AND
CLOSURE OF PORTIONS OF ALLEYS WITHIN THE
BLOCK BOUNDED BY N.E. 18TH AND 19TH STREETS
AND BISCAYNE BOULEVARD AND N.E. 2ND COURT;
IN CONJUNCTION WITH TENTATIVE PLAT NO. 1068
SUBJECT THE FOLLOWING CONDITIONS
EXTENDING RESOLUTION NO. 76-1094
GRANTING CONTINUED USE, FOR AN ADDITIONAL
PERIOD OF FIVE YEARS TO UTILIZE A PORTION
OF ATHELETIC FIELD FOR OFF STREET PARKING
FACILITIES AS ORIGINALLY GRANTED UNDER RESO-
LUTION NO`. 36719
GRANTING A ONE YEAR EXTENSION OF A CONDITION-
AL USE AS LISTED IN ORDINANCE NO. 6871" ARTI-
CLE VI, SECTION 1
ACCEPTING THE PLAT ENTITLED NATIONAL LINEN
PROPERTIES, A SUBDIVISION IN THE CITY OF
MIAMI
R-80-3
R-80-3
R-80-38
R-80-39
R-80-40
R-80-41`
R-80-42
R-80-43
R-80-44
R-80-45
R-80-46
R-80-47
0001
80-25
80-36
8
0-3
-3
0 -'4
0-4
80-4
80-43
80-44
80-45
80-46.
80-47
/DOCU MENT'IN DEX
CONTINUED
TBI NO. DOCUMENT IDENTIFICATION
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
COMMISSION
ACTION
RETRIEVAL
CODE NO.
COMMENDING AND CONGRATULATING THE UNITED
TEACHERS OF DADE ON ITS FIFTIETH YEAR OF SER-
VICE PUBLIC EDUCATION IN DADE COUNTY
TEMPORARILY DESIGNATING PARKING STRUCTURE
PROJECTS AS CATEGORY B PROJECTS WITH RESPECT
TO THE PLANNING AND 'DESIGN THEREOF.
ENDORSING THE CLOSE UP CONCEPT ANDTHE
FLORIDA CLOSE UP PROJEGRAN AS ACTIVITIES
WORTHY OF SUPPORT BY THE CITY OF MIAMI:'
ACCEPTING THE ECONOMIC'ANAYLSIS AND DEVELOP-
MENT STRATEGY STUDY PREPARED, FOR AND IN BE-
HALF OF THE CITY,; BY GLADSTONE ASSOCIATES, INC`;
ACCEPTING THE COMMUNITY ECONOMIC DEVELOPMENT
DEMONSTRATION PROJECT,'. COMMISSIONS TO AND
PREPARED BY THE NATIONAL URBAN DEVELOPMENT
SERVICES CORPORATION FOR AND IN BEHALF OF THE
CITY OF MIAMI
ACCEPTING THE COMPLETED WORK PERFORMED BY
ORLANDO MENDEX, INC. AND THE FIDELITY AND DE-
POSIT COMPANY OF MARYLAND AT A TOTAL COST OF
$3,490,191.91
AUTHORIZING THE. DIRECTOR OF FINANCE TO PAY
TO VIOLETTA CHAVIANO, WITHOUT THE ADMISSION
OF LIABILITY,;. THE SUM OF $8,000.00
APPROVING ISSUANCE OF PERMIT PURSUANT TO SEC-
TION 253 124, FLORIDA STATUES FOR THE EXPAN-
SION ' OF THE PORT OF MIAMI.
ACCEPTING THE COMPLETED WORK PERFORMED BY
JOE REINERTSON EQUIPMENT CO„ INC. AT A TOTAL
COST OF $180,688.97
GRANTING TO SOUTHERN BELL TELEPHONE AND TELE-
GRAPH COMPANY A SIX-FOOT EASEMENT OVER AND
UNDER CITY OF MIAMI PROPERTY LOCATED AT 5050
WEST FLAGLER STREET FOR COMMUNICATION PURPOSE!
ACCEPTING THE BID OF• THE SABRE CORPORATION
IN THE PROPOSED AMOUNT OF $494,818
ACCEPTING THE BID OF HECTOR TURF & GARDEN,
INC. FOR FURNISHING ONE TRIPLEX MOWER FOR
THE DEPARTMENT OF LEISURE SERVICES.
ACCEPTING THE BID OF IMAGE DEVLCES, INC
ACCEPTING THE BID OF A.B. DICK CO.
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED AGREEMENT BETWEEN BISCAYNE RECREA-
TION DEVELOPMENT COMPANY AND THE CITY OF
MIAMI FOR THE MANAGEMENT OF THE DINNER KEY
MARINA COMPLEX
R-80-48
R-80-4
R-80-5(
R-80-51
R-8052;
R 80-53
R-80-54
R-80-55
R-80-56
R-80-57
R-80-58
R-80-59
R-80-60
R-80.61
R-80-62
80-48
0=49
0-50
0-5
0-5
0 -.5
4
-5
0-5
80-57
80-58
80-59
80-.60
80-.61
80,62
A's
UMENTINDEX
CONTINUED
':TEM NO.
29
30
31
32
DOCUMENT IDENTIFICATION
COMMISSION
ACTION
RETRIEVAL
CODE NO.
33
RECOMMENDING IN PRINCIPLE THE MIAMI RIVER
COMMUNITY REDEVELOPMENT AREA GENERALLY BOUND-
ED BY WEST FLAGLER STREET AND NORTHWEST
FIFTH STREET BETWEEN I-95 AND NORTHWEST 8TH
AVENUE
R-80-64 80-64
GRANTING A VARIANCE FROM ORDINANCE NO. 6871 , : •
ARTICLE XI, SECT I 01\1$...•j.3,(2):.(a) (5) TO
PERMIT
( GRAND BAY •
• .
2 8 THROUGH 66 0.66
• ,,,:•,• • • , ,
•
GRANTING A VARIANCE FROM ORDINANCE NO. 6871,•
ARTICLE XXII THE
OPERATION OF:.
ON E40 ' OF .LOT 11 AND ALL OF LOTS 12, 13,14,
15 AND 16.: 'INCLUDING'i:kCERTAIN STIP OF LAND•
LYING BETWEEN LOTS 13 AND 14 MARKED "NOT A
PART OF •••--
. : .• •• : • .-. • •„.• • .....- • , ,;:,... . • •
R-80-67 80-67
----E • '...
INDICATING THE CITY COMMISSIONER'S INTENT TO
EXGLI.JDE, NATIONALLY -:--:::,.FRANCHISED FAST FOOD• •
• •
RESTAURANTS AND/OR DRIVE THROUGH RESTAURANT
FACILITIES AND DINNER KEY R-80-69 80-69
AUTHORIZING THE
,CITY .MANAGER TO•.• .AMEND THE.
CONSTRUCTION:,.: -AGREEMENT.:'• FRANK .':';
.• •-:„. _ •..
80-70 „..
• . • • -