HomeMy WebLinkAboutCC 1979-11-26 MinutesCOM
ENU
!SSION
(REGULAR)
(PLANNING & ZONING)
PREPARED BY THE OFFICE OF THE
INED
CI4L ISSI OF�'IIAMI, ORIIIA
(REGULAR -PLANNING & ZONING);NOVEMBER 26,
1979
SUBJECT
DINANCE OB
SOLUTION NO.
PAGE NO,
10
1.1
12
13
14
l5 _.
ORDINANCE FIRST READING: AMEND SECTION 21-9
OF THE CITY CODE, "LOT CLEARING PERMITS"
ESTABLISHING'A FORMULA IN DETERMINING FEES FOR
SPECIALIZED INSTRUCTION AND PROGRAMS
FIRST READING ORDINANCE: AMENDING SUBSECTION (B)
(C) AND (D) OF SECTION 39-1 OF THE CITY CODE -
INCREASING FEE SCHEDULES FOR USE OF RECREATIONAL
FACILITIES
FIRST READING ORDINANCE: AMENDING SUBSECTION (B)
OF SECTION 39-2 OF THE CITY CODE -REVISING FEE
SCHEDULE FOR SHOWMOBILE BY QUASI -PUBLIC
ORGANIZATIONS
FIRST READING ORDINANCE: AMENDING SECTION 39-13.1
OF THE CITY CODE -MEMBERSHIP FEES MIAMI COUNTRY
CLUB -REDUCING GREEN FEE RATES -REVISING FEES AT CITY
OF MIAMI GOLF COURSES
DEFERRAL OF CONSIDERATION OF FIRST READING ORDINANCE
AMENDING ORDINANCE WHICH CREATED DEPARTMENT OF
LEISURE SERVICES; REDISTRIBUTING FUNCTIONS; ETC.
DEFERRAL OF CONSIDERATION OF FIRST READING
ORDINANCE WHICH CREATES THE DEPARTMENT OF PARKS
PROVIDING FOR THE APPOINTMENT OF A DIRECTOR BY THE
CITY MANAGER, ETC.
ORDINANCE FIRST READING: AMENDING ORDINANCE 8740
WHICH CREATED THE DEPARTMENT OF CITIZEN SERVICES;
NAME CHANGE TO DEPARTMENT OF COMMUNITY DEVELOPMENT;
REDISTRIBUTING FUNCTIONS, ETC.
ESTABLISHING GREENS FEES FOR THE NORTH -SOUTH GOLF
TOURNAMENT, ETC.
CHANGING NAME OF NORTH -SOUTH GOLF TOURNAMENT TO DAVE
BONDU NORTH -SOUTH GOLF TOURNAMENT.
CLOSE CERTAIN STREETS TO THROUGH TRAFFIC FOR
COCONUT GROVE ARTS FESTIVAL-FEBRUARY 15,.16 AND
17
WAIVING COMPETITIVE BIDDING FOR CONTINUATION OF
SECURITY SYSTEMS (WACHENHUT) AT THE POLICE
DEPARTMENT
ACCEPT BID: ROENCA CORPORATION (ENGLEWOOD SANITARY
SEWER IMPROVEMENT) SR-5461 C & S, CI.P.`NO. 7098
FIRST AND SECOND READING ORDINANCE: AMEND SEC. 1 &
5 OF ORDINANCE' 9000-ELIMINATE SHORTFALL IN CAPITAL
IMPROVEMENT FUND (DUE TO FUNDING OF>AN ADDITIONAL
33 POLICE OFFICER POSITIONS)
FIRST READING ORDINANCE: REPEALING ORDINANCE NO.
8994-SPECIAL OFF DUTY POLICE SERVICES AND SUBSTITUT-
ING ORDINANCE OF SIMILAR;SUBSTANCE,ETC.
FIRST READING
FIRST READING
READING
FIRST
FIRST READING
FIRST READING
DEFERRAL
DEFERRAL
FIRST READING
R-79-780
M-79-781
R-79-782
R-79-783
R-79-784
ORD-9020
FIRST READING
6-7
7-8
8-9
10
12
13
15
17
18
19
20
21
22
23
24
25
26
27
28
29
3(1
'i1
32
'Iga
CINIISSIQJ OF MIM11, FLDRIAA 'GE
nz
REGULAR -PLANNING & ZONING NOVEMBER 26,, 1979)
SUBJECT
FIRST AND SECOND READING ORDINANCE: ESTABLISHING
A NEW TRUST AND AGENCY FUND-"CONCORTIUM LIAISION
(C.E.T.A.)
DISCUSSION OF PRIVATE MANAGEMENT AGREEMENT OF DINNER
KEY MARINA BY BISCAYNE RECREATION DEVELOPMENT CO.
DISCUSSION OF CITY POLICY CLARIFYING CITIZEN
PARTICIPATION GUIDELINES (SEE AGENDA ITEM 33)
EMERGENCY ORDINANCE: MAKING APPROPRIATIONS FOR THE
DOWNTOWN DEVELOPMETN AUTHORITY -FISCAL YEAR ENDING
SEPTEMBER 30, 1980
AMEND CHAPTER 13 OF THE CODE -EXPAND DDA BOARD FROM
7 TO 15 MEMBERS
PROCLAMATIONS, PLAQUES AND SPECIAL ITEMS
DISCUSSION -RECOMMENDING LUNCHEON IN HONOR OF THE
CONSULAR CORP
DISCUSSION -PROCLAMATION FOR TESTIMONIAL DINNER
MR BILL KLEIN.
FIRST READING ORDINANCE: REPEALING SECTION 50-79
OF THE .CITY CODE, AND SUBSTITUTING A NEW SECTION
ENTITLED "MIAMARINA DOCKAGE RATES"
DEFERRAL OF CONSIDERATION OF ISSUANCE OF A DEVELOPMENT
ORDER FOR EXPANSION OF THE PORT OF'MIAMI, ETC.:
NORTH 59TH STREET HIGHWAY IMPROVEMENT N-4452-
CONFIRM
CONFIRM PRELIMINARY ASSESSMENT ROLL FOR CONSTRUCTION
OF GLENROYAL SANITARY SEWER IMPROVEMENT SR-5374-S
CONFIRM PRELIMINARY ASSESSMENT ROLL FOR CONSTRUCTION
OF GLENROYAL SANITARY.SEWER IMPROVEMENT SR-5374-C..
CONFIRM PRELIMINARY ASSESSMENT ROLL FOR CONSTRUCTION
OF NORTH BAYSHORE DRIVE SANITARY SEWER IMPROVEMENT
SR-5383-C.
CONFIRM PRELIMINARY ASSESSMENT ROLL FOR CONSTRUCTION
OF NORTH BAYSHORE•DRIVE SANITARY SEWER IMPROVEMENT
SR-5383-$.
PERSONAL APPEARANCE OF RAYMOND J. HANLEY OF FUSION
DANCE COMPANY-PAYFRON'I' PARK PROPOSAL..
I'F.RSONAI. APPEARANCE -DR. CEORGE SIMPSON OF THE NEW
FIRST HORIZONS DEVELOPMENT, INC. TO PRESENT
RECOMMENDATIONS FOR REDEVELOPMENT ACTIVITIES IN MODEL
CITIES
PERSONAL APPEARANCE OF CARRIE LEE ROGERS, VICE
PRESIDENT OF ALLAPATTAH TENANTS COUNCIL -
CONSTRUCTION OF A MINI PARK AT N.W. 21 AVENUE
AT 19TH STREET
(tRD INANCE OR
SOLUTION No.
ORD. 9021
DISCUSSION
DISCUSSION
ORD. 9022
FIRST READING
PROCLAMATIONS
DISCUSSION`
FIRST READING
M-79-785
R-79-786
R-79-787.
R-79-788
R-79-789
R-79-790
M-79-791
M-79-792
DISCUSSION
i
PACE NO, 1
■
16
19-40
40
42-53
54
57
58
58-59
59-82
82
82
83
83.
84
84-97
98-100
101
ITEM NO.
IN X
CIIMESSIQJ OF MIAMI, RSR1M
(REGULAR -PLANNING AND ZONING NOVEMBER 26, 1979).
SUBJECT
PAGE $3
�RDINANCE OR
RESOLUTION NO,
PAGE NO, I
33 PERSONAL APPEARANCE OF WM. G. SAWYER, CHAIRMAN OF THE
MIAMI WATERFRONT BOARDS; DIRECT CITY MANAGER TO
FINALIZE DETAILS WITH BISCAYNE RECREATION DEVELOPMENT
CO. AND BRING BACK TO CITY COMMISSION
34 PERSONAL APPEARANCE: MARK ISRAEL "MAN IN WASHINGTON"
REPORT ON CURRENT FEDERAL PROGRAMS
35 RESOLUTION AMENDING BASIC AGREEMENT FOR FINANCING
HOUSING IN THE CITY OF MIAMI BY AND BETWEEN DADE
COUNTY AND THE CITY OF MIAMI.
36 DEFERRAL OF ACCEPTANCE OF BID: CENTRAL STATIONI?RS,INC.
OFFICE FURNITURE AND EQUIPMENT.
37
38
38.1
38.2
38.3
38.4
39
40
41
42
44
RESOLUTION PROVIDING SUPPORT TO COMMUNITY DEVELOPMENT
ADVISORY BOARDS THROUGH THE DEPARTMENTS OF CITIZEN
SERVICES AND PLANNING IN LIEU OF INDIVIDUAL FUNDING.
CONSENT AGENDA
AUTHORIZING CITY MANAGER TO NEGOTIATE AND EXECUTE
AN AGREEMENT CONTINUING AN OFFICE OF INTERGOVERNMENTAL
COORDINATION AND LIAISON
AUTHORIZING CITY MANAGER TO SUBMIT AN LEAA-MINI-BLOCK
GRANT APPLICATION FOR THE FUNDING OF 4 PROJECTS
IN THE POLICE DEPARTMENT
ACCEPT BID: JETCOAT CO. APPROXIMATELY 200,000
GALLONS OF EMULSIFIED ASPHALT
ACCEPT BID: JULES BROS. UNIFORMS, INC. WORK UNIFORMS
SECOND READING ORDINANCE: AMEND ORDINANCE 6871-ARTICLE
XXVI SPECIAL YARD DISTRICTS, SECTION 2(43), REQUIRING
ALL YARDS ABUTTING N.W. SIDE OF SOUTH BAYSHORE DRIVE
FROM ALATKA TO A POINT APPROX. 150' N.E. OF NE'ly
RIGHT OR WAY LINE OF AVIATION AVENUE TO BE NOT LESS
THAN 70' IN DEPTH
SECOND READING ORDINANCE: CHANGE OF ZONING
CLASSIFICATION-201-399 S.W. 4TH AVENUE AND 440-598
S.W. 3RD AVENUE FROM W-I, C-4 AND R-4 TO PR.
FIRST READING ORDINANCE: CHANGE OF ZONING CLASSIFICATI
46 W . FLAGLER STREET FROM C-3 TO PR. (PAUL S.
WALKER MINI -PARK)
FIRST READING ORDINANCE: CHANGE OF ZONING
CLASSIFICATION-1444 S.W. 8TH STREET FROM C-4
TO PR. (MACE( MINI -PARK)
FIRST READING ORDINANCE: CHANGE OF ZONING
CLASSIFICATION-1419 N. MIAMI AVENUE FROM C-4 TO PR.
(CENTRAL MIAMI MINI -PARK)
(a) REQUEST BY DR. JAMES C. ROBERTSON TO EXTEND
THE CONDITIONAL USE FOR CONSTRUCTION OF PRIVATE
CLUB AT "JAMESTOWN CENTER"
(b) REQUEST BY DR. JAMES G. ROBERTSON TO EXTEND
VARIANCE FOR FLOOR AREA RATIO FOR PROPERTY AT
"JAMESTOWN CENTER"
M-79-793
APPEARANCE
R-79-794
DEFERRAL
R-79-796
R-79-797
R-79-798
R-79-799
R-79-800
ORD. 9023
ORD. 9024
FIRST READING
FIRST READING
FIRST READING
R-79-801
R-79-802
102-114
115-117
117
118
118
119
119
120
120
120
121
122
123
123
124
7tmD(
CITY�OrMISIQJ ,g11I114
0
PAGE #4
1TH NO,
SUBJECT
QRDINANCE OB
K SOLUTION NO,
PAGE NO,
45
46
47
48
49
50
51
52
53
54
55
56.
57
58
ACCEPT PLAT: "BULLEN SUBDIVISION" -LOCATED AT TIGERTAIL
AND AH-WE-WA STREET.
REQUEST BY ALBERTO GONZALEZ TO EXTEND CONDITIONAL
USE FOR CONSTRUCTION OF A RESIDENTIAL DEVELOPMENT
OF A (PUN) AT 112 N.W. 45TH AVENUE
PUBLIC HEARING: NEW WASHINGTON HEIGHTS COMMUNITY
DEVELOPMENT CONFERENCE -(RESPONSE TO RESOLUTION
PRESENTED OCTOBER 17, 1979)
(a) FIRST READING ORDINANCE: CHANGE- OF ZONING
CLASSIFICATION 3850-3996 WASHINGTON AVENUE FROM
R-2 TO PR AND R-2 TO GU.
(b) GRANT PERMISSION TO OPERATE A FIRE RESCUE
TRAINING FACILITY-3850-3996 WASHINGTON AVENUE
CLOSE PORTION OF JEFFERSON STREET BETWEEN THE SOUTH
RIGHT OF WAY LINE OF WASHINGTON AVENUE AND THE NORTH
RIGHT OF WAY LINE OF CHARLES AVENUE
RECONSIDERATION OF STUDY RECOMMENDATION THAT EAST SIDE
OF BISCAYNE BOULEVARD-N.E. 50TH TERRACE AND N.E.
55TH TERRACE BE REZONED FROM R-4 TO R-C.
(a) APPEAL BY ARMANDO VICENTE-ZONING BOARE'S DENIAL OF
CONDITIONAL USE TO PERMIT CONSTRUCTION OF A 20-SPACE,
OPEN PARKING LOT-1800 S.W. 21ST TERRACE. .(b) IARIANCE
TO PERMIT SECOND STORY ADDITION TO BUILDING ON 1801 SW
22ND STREET, WAIVER OF PARKING AND LOT COVERAGE.
APPEAL OF DENIAL OF VARIANCE=3854 PONCIANA AVENUE
DENY REQUEST FOR CONDITIONAL USE -MECHANICALLY OPERATED
PARKING STRUCTURE ON NORTHWEST CORNER OF N.E.
3 STREET AND BISCAYNE BOULEVARD.
GRANT 1-YEAR EXTENSION CONDITIONAL USE-P.U.N.
2801 N.W. 13 STREET
REQUEST BY NORBERTO LEAL TO EXTEND CONDITIONAL USE FOR
CONSTRUCTION OF RESIDENTIAL DEVELOPMENT OF A PLANNED
UNIT NATURE (PUN)-3079 N.W. 11TH STREET.
DECLARE POLICY OF THE CITY COMMISSION:
APPLICANTS TO BE PRESENT PURSUANT TO REQUESTS FOR
EXTENSIONS OF VARIANCES OR CONDITIONAL USES TO STATE
THE REASON.
R-79-803
R-79-804
M-79-805
FIRST READING
R-79-806
R-79-807
R-79-808
125
126
127 - 151
151-166
166-167
167
4:-79-8099t 10' 168-181
FIRST READING ORDINANCE: PLANNING DEPARTMENT APPLICATIOI
TO CHANGE ZONING CLASSIFICATION-229 N.W. 30TH STREET
FROM R-3 TO PR (WYNWOOD MINI -PARK) -REQUEST PERMISSION
TO CONSTRUCT RUCI' ANI) OPERATE RECREATIONAL FACILITIES.
DISCUSSION-MICIHAEL MANLEY, PRIME MINISTER-JAMAICA
EXPRESS CONCERN FOR WELFARE AND LOW INCOME CITIZENS
REGARDING SECURITY DEPOSITS IMPOSED BY FLORIDA POWER
AND LIGHT CO.
M-79-811 182-187
M-79-812
R- 79-813
R-790814
M-79-815
FIRST READING
R-79-816
DISCUSSION
M-79-817.
187
188
190-193
193-194
194
194
195-197
CITYISMYTHE,' 1114
(REGULAR -PLANNING AND ZONING NOVEMBER 26, 1979)
PAGE #5
11Th NO.
SIBJECT.
rINANCE OR
K SOLUTION NO.
PAGE NO.
60
61
62
APPOINT NEW CITY REPRESENTATIVE TO DADE LEAGUE OF
CITIES
RESCHEDULING CITY COMMISSION MEETING OF DECEMBER
1979 TO DECEMBER 5, 1979
AUTHORIZING AND DIRECTING THE CITY MANAGER TO
NEGOTIATE A CONTRACT WITH RICK SISSER-LEGISLATIVE
LIAISON FOR THE CITY OF MIAMI IN TALLAHASSEE
63 APPOINT MARIE PETIT AS SPECIAL ASSISTANT TO THE CITY
MANAGER -ASSIGNED TO MAYOR MAURICE A. FERRETS OFFICE
64 DISCUSSION OF CITY COMMISSION VERBATIM MINUTES
65 APPOINTING COMMISSIONER JOE CAROLLO TO THE RETIREMENT
PLAN BOARD
66
67
APPOINTING COMMISSIONER ARMANDO LACASA TO THE BOARD
OF DIRECTORS
INSTRUCT CITY MANAGER TO STUDY POSSIBILITY OF
DOWNTOWN TAXING DISTRICT FOR MASS TRANSPORTATION
AND POLICE PROTECTION
M-79-818
M-79-819
M-79•820
-M-79-821
DISCUSSION
M-79-822
M-79-823
M-79-824
198
199
200
201
201
202.
203
204
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
* * * * * * * *
On the 26th day of November, 1979, the City Commission of Miami,
Florida, -met at its regular meeting place in the. City Hall, 3500
Pan American Drive, Miami, Florida in regular session.
The meeting was called to roder at 9:10 A.M., by Mayor Maurice A. Ferre'
with the following members of the Commission found to be present:
Vice -Mayor J. L. Plummer, Jr.
Commissioner Armando Lacasa
Mayor Maurice A. Ferre
ABSENT: *Commissioner Joe Carollo *NOTE: Commissioner
Carollo entered
meeting at
9:13 A.M.
Commissioner (Rev.) Theodore R. Gibson
ALSO PRESENT WERE:
Joseph R. Grassie, City Manager
R.•L.• Fosmoen, Assistant City Manager
George F. Knox, City Attorney
Ralph G. Ongie, City Clerk
Matty Hirai, Assistant City Clerk
An invocation was delivered by Mayor Maurice A. Ferre who then led those
present in a pledge of allegience to the flag.
The members of the City Commission on a motion duly made and seconded
approved the minutes of the July 24, 1979 meeting.
1. OR.DINANCE FIRST READING: AMEND SECTION 21-9 OF THE CITY CODE,
"LOT CLFARING PERMITS"
Mayor Ferre: We are now on item number six of the agenda. There
is a motion on item...which Mr. Plummer?
Mr. Plummer: Six.
Mayor Ferre: Is there a second?
Mr. Lacasa: Second.
Mayor Perrc: There is a second by Commissioner Lacasa. Is there further.
d i s;uum ic,n on item f;.ix? Call the roll, please.
AN ORDINANCE ENTITLED-
AN:ORDINANCE AMENDING SECTION 21-9 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH
PERTAINS TO LOT CLEARING PERMITS BY REPEALING SAID
SECTION IN ITS ENTIRETY AND SUBSTITUTING A NEW
SECTION 21-9 PROVIDING FOR AN INCREASED PERMIT FEE
AND INCREASED ADMINISTRATIVE PROCESSING COSTS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY ,
CLAUSE
Was introduced by Commissioner Plummer and seconded by Commissioner
Lacasa and passed by title by the following vote:
AYES:
Commissioner Armando Lacasa
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner (Rev.) Theodore R. Gibson,
ABSTAINING: None
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of. the City Commission
and to the public.
2. E'STABLISHING A FORMULA IN DETERMINING FEES FOR SPECIALIZED
INSTRUCTION AND PROGRAMS
Mayor Ferre: Take up item seven.
Mr. Plummer: Move it.
Mayor Ferre: Moved by Plummer. Is there a second?
Mr. Lacasa: Second.
Mayor Ferre: Seconded by Commissioner Lacasa. Is there further discussion
on item seven. Read the ordinance, call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING A FORMULA TO BE UTILIZED
IN DETERMINING FEES FOR SPECIALIZED INSTRUCTION
AND PROGRAMS OFFERED BY THE DEPARTMENT OF LEISURE
SERVICES; PROVIDING .A REPEALER CLAUSE AND PROVIDING
A SEVERAB1LITY PROVISION AND AN EFFECTIVE DATE
Was introduced by Commissioner Plummer and seconded by Commissioner
Lacasa and passed on its first reading by title by. the following vote:
AYES:
NOES: None
Commissioner Joe Carollo.
Vice -Mayor J. L. Plummer, Jr.
Commissioner Armando Lacasa
Mayor Maurice A. Ferre
ABSENT: Commissioner (Rev.) Theodore R. Gibson
ABSTAINING: None
ON
ist
NOV 2
1979
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
3. FIRST READING ORDINANCE: AMENDING SUBSECTION (b) (c) AND (d)
OF SECTION 39-1 OF THE CITY CODE -INCREASING FEF SCHEDULES FOR
USE OF RECREATIONAL FACILI
Mayor Ferre: Take up item number eight.
Mr. Plummer: Move it.
Mayor Ferre: Moved by Plummer. Is there a. second?
Mr. Carollo: Second
Mayor Ferre: Seconded by Carollo. Is there further discussion on item
eight? All right, call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SUBSECTIONS (b), (c) AND (d)
OF SECTION 39-1 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY INCREASING FEE SCHEDULES
FOR THE USE OF RECREATIONAL FACILITIES IN THE CITY
AND PROVIDING FOR PRIVATE SCHOOLS TO PAY THE SAME
GROUP USE FEES AS THOSE CHARGED PUBLIC SCHOOLS,
YOUTH -SERVING ORGANIZATIONS, PROTECTIVE AND
GOVERNMENT ORGANIZATIONS, CHURCHES, CIVIC GROUPS
AND FRATERNAL ORGANIZATIONS; CONTAINING A REPEALER
CLAUSE, A SEVERABILITY PROVISION AND PROVIDING FOR
AN EFFECTIVE DATE
Was introduced by Commissioner Plummer and seconded by Commissioner
Carollo and passed on its first reading by title by the following vote:
AYES:
NOES: None
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Commissioner Armando Lacasa
Mayor Maurice A. Ferre
ABSENT: Commissioner (Rev.) Theodore R. Gibson
ABSTAINING: None
The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission
and to the public.
03
r; r, `,: 1979
i
4. FIRST READING ORDINANCE: AflENDING SUBSECTION (b) OF S:^CTION 39-2
OF THE CITY CODE -REVISING FEE SCHEDULE FOR Si1O:7? OBILE BY
(QUASI -PUBLIC ORGANIZATIONS
Mayor Ferre: Take up item nine.
Mr. Plummer: I'm going to move it but I want a question
Mayor Ferre: All right, there is a motion by Plummer. Is there a
second?
Mr. Carollo: Second.
Mayor Ferre: Seconded by Carollo. Under discussion, Mr. Plummer.`
Mr. Plummer: Mr. Grassie, you know I have heard in the past the tremendous
cost of setting this thing up, yet I see where you put in there twenty-five
dollars per set up. Now, I think when we rent this thing out to other
than City people or functions, that we should be able to at least
break even. And I don't see that in here, and question why we are not
breaking even.
fir. Grassie: Well, you make a good point, Commissioner. And that is
Possibly we should have a differential rate for users outside of the
City of Miami. The rate that is established for in City use takes into
consideration the fact that if it's done on City time, that is on regular.
work hours, we try and keep the cost to a minimum.And if it is done
after hours, we charge people time and one half for the direct labor
costs.
Mr. Plummer: My contention is not necessarily in City, or out of City,'
it is the fact that if it is a City function, we eat it whatever it is.
If it is not a City function, I think we should at least break even.
And I would appreciate your coming back with a fee for other than
City functions. Where we, City, sponsor the function. For example,
I've seen this on a number of occassions where it was used for non-
City_ sponsored type of function, and I think the City ought to break
even. Not make money but at least break even. So hope you'll come
back with an additional; thing on that.
Mayor Ferre: All right, is there further disucssion on item nine?
With that stipulation put on by Commissioner Plummer, call the roll.
AN ORDINANCE ENTITLED-
AN ORDINANCE AMENDING SUBSECTION (b) OF SECTION
39-2 OF THECODEOF THE CITY OF MIAMI,'FLORIDA,
AS AMENDED, BY REVISING THE FEE SCHEDULES FOR
THE USE OF THE SHOWMOBILES BY QUASI -PUBLIC
ORGANIZATIONS IN THE CITY OF MIAMI; CONTAINING
A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND
PROVIDING AN EFFECTIVE DATE
Was introduced by Commissioner Plummer and seconded by Commissioner
Carollo and passed on its first reading by title by the following
vote:
.04
1111111 nrwg
ist
AYES:
NOES: None
Commissioner Armando Lacasa
Commissioner Joe Carollo
Vice -Mayor. J. L. Plummer, Jr.
Mayor Maurice A. Ferre
ABSENT: Commissioner (Rev.) Theodore R. Gibson
ABSTAINING: None
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
5. FIRST READING ORDINANCE: AMENDING SECTION 39-13.1 OF THE CITY
CODE-11EMBERSI-IIP FEES MIAMI COUNTRY CLUE-REDUCIi1G GREEN FEE RATES -
REVISING FEES AT CITY OF MIAMI GOLF COURSES
Mayor Ferre: Take up item ten.
Mr. Plummer: Move it.
Mayor Ferre: Moved by Plummer. Is there a second?
Mr. Carollo: Second.
Mayor Ferre: Seconded by Carollo. Further discussion? Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 39-13.1 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, BY ADDING PARAGRAPH
(.f) TO SUBSECTION 1 THEREOF AND BY AMENDING
SUBSECTIONS 4, 5, 6 AND 7 OF SAID SECTION AND BY
AMENDING THE LAST UNNUMBERED PARAGRAPH OF SAID
SECTION FOR THE PURPOSE OF ALLOWING MIAMI SPRINGS
RESIDENTS TO PAY CITY OF MIAMI RESIDENT RATES FOR
ANNUAL MEMBERSHIP FOR THE MIAMI COUNTRY CLUB IN
MIAMI SPRINGS AND RESTRICTING REDUCED GREEN FEE
RATES DURING THE WEEKDAY HOURS OF 8-11 A.M. DURING
THE WINTER SEASON AND REVISING THE FEES AT THE
CITY OF.MIAMI GOLF COURSES; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE
Was introduced by Commissioner Plummer and seconded by Commissioner
Carollo passed on its first reading by title by the following vote:
11YI* :
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Commissioner Armando Lacasa
Mayor. Maurice A. Ferre
NOES: None
ABSENT: Commissioner (Rev.) Theodore R. Gibson
ABSTAINING: None
,05
ist
N O V 2 r;1979
ist
. DEFERRAL OF CONSIDERATION OF FIRS!' READING ORDINANCE APMENDING
ORDINANCE T'HICH CREATED DEPARTMENT OF LEISURE SERVICES;
REDISTRIBUTING FUNCTIONS; ETC.
Commissioner Plummer invoked the five day rule.
DEFERRAL OF CONSIDERATION OF FIRST READING ORDINANCE ?:MICE
CREATES TEE DEPARTMENT -OF PARKS PROVIDING FOR THE APPOINTMENT OF
A DIRECTOR BY THE CITY MANAGER, ETC.
Commissioner Plummer invoked the five day rule.
8. ORDINANCE FIRST READING: AMENDING 0.'?.DINANCE 8740 ?''"IC:' CREATED
THE DEPAR7,2MENT OF CITIZEN SERVICES; NAME CHANGE TO DEPl- TMENT
OF COMMUI?ITY DEVELOPMENT; REDISTRIBUTII'IG FUNCTIO"?:', ETC.
Mayor Ferre: Take up item thirteen amending Ordinance 8740 which
creates the Department of Citizen Services and change the name to the
Department of Community Development.
Mr. Plummer: I'll move it with a question.
Mayor Ferre: There is a motion. Is there a second?
Mr. Lacasa: Second.
Mayor Ferre: Second.
Mr. Plummer: Under discussion. Mr. Grassie, you don't give us any
outline as to what it is going to cost...differential between a department
and a board, or services.
Mr. Grassie: Well ,the ( elaLI of (;n: t' ('(>Iulllissi(ner, was considered by,..
you when you aPProved the budget for this year. And this ordinance
would not make any modfication in that. Possibly, what you are thinking
of is the di.fference between. the Community Development Office which use
to be budgeted in Planning, and its current status here as a department.
There would be no increase in cost to the City because of this change
of name because what...
Mr. Plummer: All right, sir. You said enough. It's on the record'now.
I hope I don't have to remind you later.
Mayor Ferre Further discussion? Call the roll on item thirteen.
.O6
1979
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING ORDINANCE NO. 8740, ADOPTED
JANUARY 11, 1978, WHICH CREATED THE DEPARTMENT OF
CITIZEN SERVICES, BY AMENDING SECTIONS 1 AND 2,
THEREOF, AND SUBSECTIONS (c) AND (e) OF SECTION 3
THEREOF, TO PROVIDE FOR CHANGING THE NAME OF SAID
DEPARTMENT TO THE DEPARTMENT OF COMMUNITY DEVELOP-
MENT; DELETING THEREFROM FUNCTIONS OF ADMINISTERING
CHILD CARE PROGRAMS AND DEVELOPING CULTURAL ENRICH-
MENT ACTIVITIES; DISTRIBUTING TO SAID DEPARTMENT
FUNCTIONS AND DUTIES HERETOFORE PERFORMED BY THE
OFFICE OF COMMUNITY DEVELOPMENT; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE
Was introduced by Commissioner Plummer and seconded by Commissioner
Lacasa and passed on its first reading by title by the following vote:
AYES: Vice -Mayor J. L. Plummer, Jr.
Commissioner Armando Lacasa
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner (Rev.) Theodore R. Gibson.
ABSTAINING: None
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the. City Commission
and, to the public.
9. ESTA LIST ING GREENS FEES FO'. THE r?O.aTH-SOU^.'H GOLF TOUP.ii?NEFT, 7TC.
Mayor. Ferre: Item twenty-six. All right, Plummer moves item twenty-six.
Mr. Plummer: Move it. Let me ask you a question...I'm sorry.
Mayor Ferre: Wait a moment. Is there a second?
Mr. Lacasa: Second
Mayor Ferre: All right, Mr. Plummer.
Mr Plummer: Isn't this the Dave Bondu deal?
Mr. Grassier Basically it is a continuation of that same annual affair
Mr. Plummer But he started it.
Mr Grassier Yet,.
Mr. Pluuuner.: T think, you know, it would be a nice honor to have his
ntimu...
Mayor Ferre: Whose name?
Mr. Plummer: Dave Bondu, Mr. Mayor, who started this thing, be attached.
You can keep the North -South Golf Tournament but call it maybe.the
Dave Bondu North -South Golf Tournament. Mr. Howard, am I out or order?
Mr. Grassie: We still have his wife Mayme Bondu involved in the affair
Mr. Howard tells me.
Mr. Plummer: Yeah, well that's great. -Mayme is a great gal. But I think
to honor hitn in the naming of the affair, the Dave Bondu North -South
Golf Tournament, is well within line and it would perpetuate the mans
memory who did so much to bring this thing about.
Mayor Ferre: I agree.
Mr. Plummer: So I would incorporate in the motion that we establish
the greens fees for the now Dave Bondu North -South Golf Tournament.
Mayor Ferre: No, Plummer, make it a separate motion.
Mr. Plummer: All right, fine. Make it a separate motion.
Mayor Ferre: All right, on item twenty-six, is there further discussion?:
Call the roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 79-780
A RESOLUTION AUTHORIZING GREENS FEES FOR THE NORTH
SOUTH GOLF TOURNAMENT TO BE HELD FEVRUARY 12 THROUGH
16, 1980, AT THE CITY OF MIAMI COUNTRY CLUB AND
MELREESE GOLF COURSES AND REQUIRING USE OF AN
ELECTRIC CART BY EACH GOLFER IN SAID TOURNAMENT
(Here follows body of resolution, omitted here'and'on
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
ABSENT:
Commissioner Joe Carollo
Commissioner J.'L. Plummer, Jr...
Commissioner Armando Lacasa
Mayor Maurice A. Ferre
Commissioner (Rev.) Theodore R. Gibson
C!;T111GIOG TIME OF MORTH—SOUTH GOLF TOURI`1A:1Ei`1T TO DAVE BONDU
10. IdOi r i—SOU'PII GOLF TVU?t11AVIE1T
Mayor Ferre: Now, Mr. Plummer.
Mr. Plummer: I now make a motion that the North -South Golf Tournament
henceforth starting with this year, be known as the Dave Bondu North
South Golf Tournament.
Mayor Ferre: Is there a second?
98
NOV 2 6 1979
1111111111111111111111 1111111111111IIIIIEN
ist.
Mr. Lacasa: Second.
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION NO. 79-781
A MOTION DECLARING THE POLICY OF THE CITY COMMISSION
THAT THE ANNUAL NORTH -SOUTH GOLF TOURNAMENT'SHALL BE,
HENCEFORTH, NAMED THE "DAVE BONDU NORTH -SOUTH GOLF
TOURNAMENT"
Upon being seconded by Commissioner Lacasa, the motion was passed
and adopted by the following votes
AYES:
NOES: None
ABSENT:
Commissioner Armando Lacasa
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
Commissioner (Rev.) Theodore R. Gibson
11. CLOY-3 CERTAIN STREETS TO THI'OUGH TRAFFIC FOR COCONUT Ga0VE
ARTS FESTIVAL-FELaUARY 15, 17, MD 17
Mayor Ferre:. Item twenty-nine.
Mr. Plummer: Move it.
Mayor Ferree Moved by Plummer. Is there a second?
Mr. Lacasa: Second.
Mayor Ferre: Is there further discussion on item twenty-nine. Call
the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 79-782
A RESOLUTION IN CONNECTION WITH THE COCONUT GROVE ARTS
FESTIVAL, ON FEBRUARY 15,16,- AND 17, 1980, CLOSING
CERTAIN. STREETS TO THROUGH TRAFFIC ON SAID DATES DURING
SPECIFIED HOURS AND ESTABLISHING A PEDESTRIAN MALL;
SAM STREET CLOSING SUBJECT OT ISSUANCE OF PERMITS BY
THE I't)I,ICI: ANI) FIRE DEPARTMENTS; WAIVING ONE HALF OF,
'I'I1I: I.EN'l'AL. VEL: ANI) GRANTING PERMISSION FOR THE USE OF
PEACOCK PARK SUBJECT TO PAYMENT BY COCONUT GROVE
ASSOCIATION, INC, OF ALL RELATED COSTS; ALLOCATING MONIES
FROM SPECIAL PROGRAMS AND ACCOUNTS -QUALITY OF LIFE
PROGRAM FEE WAIVER - TO COVER THE COST OF SAID WAIVER;
PROVIDING THE SERVICES OF 3 REGULAR POLICE OFFICERS.,
WITH THE ASSOCIATION TO PAY FOR 16 OFF -DUTY POLICE
OFFICERS AND 2 SERGEANTS AND 1 LIEUTENANT;
>1979
09
i. s t
ist
PROVIDING PARK RANGERS, AS NEEDED, AND PUBLIC SERVICE
AIDES AT THE DISCRETION OF THE POLICE DEPARTMENT;
PROVIDING THAT THE COCONUT GROVE EXHIBITION CENTER
PARKING LOT AND THE CITY EMPLOYEE PARKING LOT BE MADE
AVAILABLE ON SATURDAY AND SUNDAY; PROVIDING THE USE
OF 23 DUMPSTERS, AND 50 TOTE BARRELS TO BE SERVICED
DAILY, INCLUDING SUNDAY, SUBJECT TO PAYMENT OF CLEAN-
UP COSTS BY COCONUT GROVE ASSOCIATION, INC; ALLOCATING
$1,000 FROM SPECIAL PROGRAMS AND ACCOUNTS -QUALITY OF
LIFE PROGRAM - FOR THE PURCHASE OF TWO AWARD WINNING
WORKS OF ART INCLUDING ONE BY A FLORIDA ARTIST; AND
FURTHER PROVIDING THAT THE SAID ASSOCIATION SUBMIT
TO THE CITY MANAGER, WITHIN 30 DAYS FROM THE DATE
OF SUCH FESTIVAL, A DETAILED ACCOUNTING OF GROSS
RECEIPTS RECEIVED BY IT BY WAY OF FEES AND FUNDS
RAISED IN CONNECTION WITH THE AFORESAID FESTIVAL,
TOGETHER WITH A DETAILED ACCOUNTING OF FUNDS,
DISBURSED, INCLUDING THE MANNER IN WHICH NET PROFITS
ARE TO BE DISBURSED, TOGETHER WITH A STATEMENT'OF-THE
SUMS DISBURSED, AND ESTABLISHING THE AREA PROHIBITED
TO RETAIL PEDDLERS DURING THE FESTIVAL PERIOD
Upon being seconded by Commissioner Lacasa, the resolution was passed
and adopted by the following vote:
AYES:
NOES: None
ABSENT:
Vice -Mayor J. L. Plummer, Jr.
Commissioner Armando Lacasa
Commissioner ' -Joe Carollo
Mayor Maurice A. Ferre
Commissioner (Rev.) Theodore R. Gibson
WAIVING COMPETITIVE BIDDING FOR CONTINUATION OF SECURITY SYSTEMS
12. (MC=NHUT) AT THE POLICE DEPARTMENT
Mayor Ferre: Take up thirty-one.
Mr. Plummer: I'll move it with a question.
Mayor Ferre: All right, is there a second?
Mr. Lacasa: Second.
Mayor Ferre: All right, its been moved and seconded. Mr. Plummer.
Mr. Plummer: Under discussion, I find no where in the backup, what was
the cost last year? I have a real problem with these one bidder, no
competition type of bid. How much did it cost last year?
Mr. Crassie: I can't give you an exact...approximately the same,, Commissioner.
If you want an exact figure, I'll have to get the Purchasing Agent to get
that for me and we can do that quite quickly.
Mr. Plummer: Well, I'll move it subject to that information being
given to me. We have no choice. We are locked in, you know', and I've
just got a real problem with those kind of situations, especially when
I don't have all of the backup material on it. But I'll move it
subject to that information being given to me.
JO
Mayor Ferree Its been moved and seconded. Is there further discussion
on item thirty-one. All right. Mr. Carollo.
Mr. Carollo I have a question. If I may ask of the City Manger, if he
can provide us with some information on how much it will cost...how
much it will cost to find out if we would get an additional company
to come in and take over the system, what the total cost would be.
If there is other qualified companies in the market.
Mr. Plummer: Do you want me to answer that? Joe, this is not people,
this is machinery.
Mr. Carollo: I know that. It's .Wackenhut Electronics which is a very
fine and outstanding firm. But my question, to be precise, is are there
other firms that are equally qualified that could take over this, and
if so, how much would it cost us?
Mr. Plummer: The answer is...Mr. Grasssie. The answer. is, that we've
got about three hundred and sixty thousand dollars worth of equipment
which was put in by Wackenhut and this is merely the, maintenance of
that equipment which they have the patent rights on. And that's the
problem.
Mayor Ferre: Lets review this for a second. Mr. Carollo, the way
this happened, as I recall, was that we went through a competitive
bid process. Wackenhut was the successful bidder.Is that right,
Mr. Grassie:
Mr. Grassie: That's correct, Mayor.
Mayor Ferre: They then installed all this security equipment within
the Police Department. Is that correct?
Mr. Grassie: That:s correct.
Mayor Ferre: And it cost us...how much?
Mr. Plummer: About three hundred and sixty.
Mayor Ferre This is the annual maintenance fee on that equipment.
Now, for .us not to do this, that three hundred and sixty thousand of
equipment would have to be removed and somebody else would have to come
in. Is that correct?
Mr. Carollo:` In other words, Mr. Mayor, the bottom line is we either.
take the eleven thousand seven hundred and sixty dollars with
Wackenhut Electronic System or we take a lesser amount with someone
else, plus three hundred sixty plus thousand dollars. -,That is loud.
and clear.
Mr. Grassie:. Yes, that is basically right. The big problem with this
kind of equipment is that what the companies own is what they callthe
software . The plan for making the equipment work. That is what is
confidential and what you can't disclose to.somebody else. So really
what you have to do is put in somebody elses software. if they are
going to be able to bid on the package.
Mayor Ferre: How long is this going to be...I mean, once they get in,
it's like computers, once the company gets in it is very hard to get them
out.
Mr. Grassie: Tho only way,that we could get themout practically, would
be to decide to go to build or own software and decide to:go to somebody
else.
Mr. Plummer: If we do it inhouse, it would cost of fifty thousand a
year for maintenance.
• l.sl.
ai
NOV 2 6 1979
Mayor Ferre: Well that is something I think you ought to look into
later on. I don't think you can solve it today. All right, further
' discussion on item thirty-one? With the proviso that you are going
to update Commissioner Carollo on how,much it cost, what the procedures
are, what the alternatives are. Okay? At some future time. Call the
roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 79-783
A RESOLUTION WAIVING COMPETITIVE'BIDDING'FOR THE
CONTINUATION OF SYSTEMATIC MAINTENANCE AND
EMERGENCY SERVICES FOR THE EXISTING. INTEGRATED
PROTECTION SYSTEM AT THE CITY OF MIAMI POLICE
STATION AND FACILITIES AND AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE PURCHASING AGENT TO
ISSUE A PURCHASE ORDER TO CONTINUE SUCH SERVICE
TO WACKENHUT ELECTRONIC SYSTEMS CORPORATION IN
THE AMOUNT OF $11,760 FOR ONE YEAR AND ALLOCATING
FUNDS FROM THE 1979-80 FISCAL YEAR POLICE
DEPARTMENT BUDGET
Upon being seconded by Commissioner Lacasa, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Armando Lacasa
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT:
Commissioner (Rev.) Theodore R. Gibson
13. ACCEPT BID: ROENCA CORPORATION (ENGLEUO0D S",NIT?RY SE?'JER
INPR0VEMENT) SR-5461 C & S, C.I.P. No. 7098
Mayor Ferre: All right, this is the Englewood Sanitary Sewer Improvement,
location...is this...this is a resolution, right?
Mr. Lacasa: Move.
Mayor Ferrer All right, it has been moved by Lacasa; Is there a
Mr. Carollo: Second.
Mayor Ferre: Second by Carollo. Is there further discussion on this
accepting the bid of Roenca Corporation. All right, call the roll.
The following resolution was introduced by Commissioner Lacasa,
who moved its adoption:
2
(CONTINUED ON NEXT PAGE)
RESOLUTION NO. 79-784
A RESOLUTION ACCEPTING. THE BID OF ROENCA CORPORATION
IN THE PROPOSED AMOUNT OF $794,985, THE TOTAL BID OF
THE PROPOSAL, FOR THE ENGLEWOOD SANITARY SEWER
IMPROVEMENT SR-5461 C & S (centerline and sideline
sewers) IN THE ENGLEWOOD SANITARY SEWER IMPROVEMENT -
DISTRICT SR-5461 C & S (centerline and sideline
sewers); WITH MONIES THEREFORE ALLOCATED FROM THE
"SANITARY SEWER G.O. BOND FUND" IN THE AMOUNT OF
$794,985 TO COVER THE CONTRACT COST; ALLOCATING FROM
SAID FUND THE AMOUNT OF $87,448 TO COVER THE COST
OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE
AMOUNT OF $15,900 TO COVER THECOSTOF SUCH ITEMS
AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE;
AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH SAID FIRM
Upon being seconded by Commissioner Carollo, the resolution was
passed and adopted by the following vote:
AYES:
NOES None
ABSENT:
ON THE ROLL CALL:
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Commissioner Armando Lacasa
*Mayor Maurice A. Ferre
Commissioner (Rev.) Theodore R. Gibson
*Mayor Ferre: There were...how many bidders on this?
Mr: Grassier You have listed the three low bids. There were six
altogether.
Mr. Plummer: Six people bid. I'just never heard of this company.
That was my hesitation. It says they have been in business seven years.
They have handled big bids.
FIRST AND SECOND READING ORDINANCE: AMEND SEC. 1 & 5 OF ORDINANCr
14. 9000-ELIMINATE SEORTFALL IN CAPI'.'.'AL IMPROVEMENT FUND (DUE TO
FUNDING OF AN ADDITIONAL 33 POLICE OFFICER POSITIONS)
Mayor Ferre:
Item three.
Mr. Plummer: No, I don't have a problem with that.
Mayor Ferre: All right, is there a motion on item three?
Mr. Plummer: Move it.
Mayor Ferrer Moved by Plummer. Is there a second on item three?
Mr. Carollo:
Mayor Ferre:
three? All
Second.
Seconded by Carollo. Is there further discussion on item
right, call the roll.
Mr. Carollo: Yes M. Mayor, I have a question. 'I just want to clarify
with the City Manager that this in no way would hamper any of the
positions that were allocated to the Police Department. Any of the new
positions.
Mayor Ferre: Mr. Manager.
Mr. Grassier That is correct. Basically, as you know, there is about,
a four month lag period while recruitment takes place and a register of
eligible candidates is established. And what this money does is simply
recognize the fact that those four months will 'not require any salary
payments by the City.
Mayor Ferre: All right, further discussion on item three? If not, call
the roll.
AN ORDINANCE ENTITLED-
AN ORDINANCE AMENDING SECTIONS 1 AND 5 OF ORDINANCE
NO. 9000, ADOPTED OCTOBER 17, 1979, THE ANNUAL'
APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 1980, BY DECREASING THE APPROPRIATION'
FOR THE POLICE DEPARTMENT IN THE AMOUNT OF $173,822;
DECREASING ANTICIPATED GENERAL:FUND REVENUES:FROM
THE CAPITAL IMPROVEMENT FUND (FLORIDA POWER AND LIGHT
FRANCHISE FEES) IN THE SAME AMOUNT, THUS ELIMINATING
THE SHORTFALL IN THAT FUND; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND DISPENSING
WITH THE REQUIREMENT OF READING SAME ON TWO; SEPARATE-.
DAYS BY VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE
MEMBERS OF THE CITY COMMISSION
Was introduced by Commissioner Plummer -and' seconded by Commissioner
Carollo for adoption pursuant to Section:4, Paragraph (f) of the City
Charter dispensing with the requirement:of reading same on two separate
days by a vote of not less than four -fifths of the members of the Commission
AYES:
NOES: None
ABSENT: Commissioner (Rev.) Theodore R. Gibson
Whereupon the Commission on motion of Commissioner Plummer
seconded by Commissioner Carolla, adopted said ordinance by the
vote:
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Commissioner Armando Lacasa
Mayor Maurice A. Ferre
AYES:
NOES: None
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Commissioner Armando Lacasa
Mayor -Maurice A. Ferre
ABSINT: Commissioner (Rev.) Theodore R. Gibson
SAID ORDINANCE WAS D1;SirNATED ORDINANCE NO. 9020
The City Attorney read the Ordinance into the public record and announced
that copies were available to the members of the City Commission and copies
available to the public.
and
following'.
ist
■
15. FIRST READING ORDINANCE: REPEALING ORDINANCE no. 8994-SPECIAL
OFF DUTY POLICE SERVICES AND SUBSTITUTING ORDINANCE OF SIP"..ILAR
SUBSTANCE, ETC.
Mayor Ferre:
Mr. Plummer:
Mayor Ferre:
Mr. Carollo:
Mayor Ferre:
Mr. Lacasa:
imposed for
right?
All right, we are now on item number four.
Move it.
Moved by Plummer. Is there a second?
Second.
Seconded by Carollo. Is there further discussion?
I have a question here. This five dollar fee will be
administrative expenses on any user of off -duty policemen,
Mr. Grassie: That is correct.
Mr. Lacasa: Okay, now. The question is this, there are instances were
we do have regular users of_off-duty policemen. People that use
five, six, seven, eight policemen on a regular basis, and for whom
the. administrative work is already scheduled and is a matter...is a
very different situation of that guy that is going tohave a party and
needs one or two off -duty policemen. These are regular scheduled
individuals for businesses. And to impose a five dollar fee on those
might create a hardship economically. Lets say, for instance, there
is one particular` case where there is a business that uses about eight
off -duty policemen on 'a regular basis, every day, which will come to
about forty dollars extra per day. And still the administrative
expenditures in situations such as this, -of regular users, are not
increased because they are scheduled.
Mr. GrassierI don't believe that the basic premise is correct, Commissioner
because of this.' First, let me back up and tell you how the fee was
established. What the. Police Department found that it was. keeping
books, and maintaining records, and making schedule adjustments' for
people basically for the benefit of private parties that wanted -this
extra police help. Now what the Police Department did then was to take
those extra costs that they have had, and distribute them over the number
of hours of police service that they provide, and come out with a fee.
So that if you cut back the fee for any part of that service, it means'
that we will be again not paying the full cost to the City of our doing
that administrative function. What really happens with regular users i ,:
that very often if they are heavy users, very often the Police Department
has to end up rescheduling its people to make sure that they get covered.
And it is a significant cost because of vacations, and sickness and all
sorts of unexpected things that happen to people. And we have to
substitute other officers. So the fact that they are regularly employeed
doesn't mean that it cuts our costs significantly. Some, but that is
averaged out over all of the hours that we provide. And the fee that we
are talking about is simply an average fee which covers all of those
services. And it really is a bargain from the point of view of the user
too..
Mr. Plummer': Mr. Grassie, my only point that I wish to make is that I
would like to see a copy of„the letter or the memo that each policeman
now is put on notice that in an off -duty job, that he is no longer
covered by the norm of City insurance and workmens comp. So I think it
i only fair that these policemen should know that. That in some
instances, I'm sure, that they would prefer not to take the job if they
arc not covered by City insurance, or to make sure that they are covered
by the Private party who is hiring them. So I'd like to see a copy cf
that memo or letter letting them know, or putting them on notice.
�`�' 2•!. 1979
Mr. Grassie: That point that Commissioner Plummer made is really the
heart of this ordinance modification that you are talking about. It is
not so much the fee, it is what has to do with workmen's comp which
is paragraph... section 7 of the ordinance.
' Mayor Ferre: All right, further discussion on item four? Call the
roll on first reading.
AN ORDINANCE ENTITLED
AN ORDINANCE REPEALING ORDINANCE NO. 8994, ADOPTED
OCTOBER 17, 1979, ENTITLED:
"AN ORDINANCE ASSESSING FEES TO DEFRAY
THE ADMINISTRATIVE COSTS INCURRED BY
THE CITY IN PROVIDING SPECIAL OFF -DUTY
POLICE SERVICES 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
Was introduced by Commissioner Plummer and seconded by Commissioner
Carollo and passed on its first reading by title by the following vote:
AYES:
NOES: None
ABSENT:
ABSTAINING: None
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Commissioner Armando Lacasa
Mayor Maurice A. Ferre
Commissioner. (Rev.) Theodore R. Gibson
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.
16. FIRST AND SECOND READING ORDINANCE: ESTABLISHING A NEW
TRUST AND AGENCY FUND -"CONSORTIUM LIAISION (C.E.T.A.)
Mayor Ferre: All right, four (a)
have a problem with that?
Mr. Grassie: This simply allows
dollars from the CETA Consortium.
Mayor Ferre: lr; there a motion?
Mr. Laeaa : Move.
Mayor Ferre: Moved by Lacasa. Is there a. second?
Mr. Carollo: Second.
Mayor Ferre: Second by Carollo. Is there further discussion?
the roll.
. Is there a problem with that? Anybody
us to receive the fifty-seven thousand
Call
N O V 2 1979.
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING A NEW TRUST AND AGENCY
FUND ENTITLED: "CONSORTIUM LIAISON 1979-90;"
PROVIDING FOR REVENUES THEREIN TO BE RECEIVED
FROM THE SOUTH FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM TO PROVIDE FOR THE COSTS APPERTAINING
TO ALIAISON OFFICER TO THE CONSORTIUM APPOINTED
BY THE CITY MANAGER; CONTAINING A,REPEALER PROVISION
AND A SEVERABILITY CLAUSE; AND DISPENSING WITH THE
REQUIREMENT OF READING 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
Carollo for adoption pursuant to Section 4, Paragraph (f) of the
City Charter dispensing with" the requirement of reading same on two
separate days by a vote of not less than four -fifths of the members
of the Commission:
AYES:
NOES: None
ABSENT: Commissioner (Rev.) Theodore R. Gibson
Whereupon the Commission on motion of Commissioner Lacasa and.
seconded by Commissioner Carollo, adopted said ordinance by the
following vote:
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Commissioner Armando Lacasa
Mayor Maurice A. Ferre
AYES:
NOES: None
ABSENT: Commissioner(Rev.) Theodore R.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9021
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City' Commission
and copies were available to the public.
Commissioner Armando Lacasa
Commissioner Joe Carollo
*Vice -Mayor J. L. Plummer,Jr.
Mayor Maurice A. Ferre
ON THE ROLL CALL:
*Mr. Plummer: I'm going to vote yes, but;I just want to,make a notation
that I think it is ludicrous that we are paying fifty-four percent
fringe benefits to this"individual`.' I don't know...I think I know who
this individual is and he happens to be a friend. But it is the
situation of -paying fifty-four percent for fringe benefits which I think
is out of line. I'm just making a notation of that in the record.
Gibson
Mr. Grassie: By way of explanation, Commissioner, the reason for that -
is that the individual was part of our Police Department before"having
this job and has a right to remain within that retirement system...
Mr. Plummer: And that is his elective.
Mr. Grassie: And consequently,we are paying the regular rate that we
pay for every police person...
Mr. Plummer: But he is no longer in the Police Department.
�i
ist
Mr. Grassie: For him.
Mr. Plummer: Correct?
Mr. Grassie: Commissioner, it is his right...
Mr. Plummer That's right.
Mayor Ferre: Prerogative. He has that right.
Mr. Grassie: To maintain that status. And he has elected to do it.
Mr. Plummer: Okay. That is the old story, it• is Federal money and I
guess it's got a different color and we spend it more freely or something.
I don't know. But I'm just making notation for the record.
Mayor Ferre: Did you vote?
Mr. Plummer: I voted yes.
DEFERRAL OF CONSIDERATION OF MIAMARINA DOCKAGE RATES
BRIEF DISCUSSION.
Mayor Ferre: IS:there a problem with item five? Is. there a motion?
Mr. Plummer:.
Mayor Ferre:
Mayor, I have no problem with moving item five.
There is a motion on item five. Is -there a second?
•
Mr. Carollo: Mayor, I'd like to defer this. I really haven't had the
time that I need to go over it.
Mayor Ferre: How much will it cost us to defer this?
Mr. Grassie: Well I wonder if it would help the Commission if we asked
Mr. Jennings to give you some background and explanation on this item
and put it in context of the ordinance that you already have?
Mayor Ferre: I've got no problem,, with the deferral as long as it doesn't
cost us any money. But if it is.costing us money then I think you've
got to weight that into your decision.
Mr. Carollo: Can we possibly deferr it to this afternoon then?
Mayor Ferrer All right, we'll do it this afternoon. In the meantime,.
Mr. Jennings, will you meet with Commissioner Carolloand discuss it
with him and then give us an explanation of it at that time.
Actually we're really pretty much at the end of the agenda. Why don't
you give us a basic...Mr. Jennings, would you come backup again. Give
us a basic explanation on item number five and then we'll vote on it
this afternoon. But why don't you give us the background.
Mr. Robert Jennings: Mr. Mayor, members of the Commission, what this
amounts to is an administrative matter, or housekeeping matter that
relates to the budget which you adopted., Unfortunately, with regard to
the dockage rates at Miamarina inflation has caught up to -us. And in
order to meet our budget, the 79-80 budget which you adopted, we are
required now to raise the dockage rates for this fiscal year....
Mayor Ferre: Which is part of the contract, isn't it?- Isn't that the
agreement,that we originally had? That there would be an adjustment?
Mr. Jennings: Well adjustments are...
Mr. Grassie: It's part of the ordinance.
•NOV'2G1979
■
.1st
Mayor Ferre: Well...look, my question is really very simple and you can
answer it yes or no. This City Commission went on record and passed
an ordinance establishing a way for us to increase rates. Is that
correct?
Mr. Jennings: Yes, sir, but that oily related to Dinner Key Marina
not Miamarina.
Mayor Ferre:
Mr. Jennings:
Mayor Ferre:
Mr. Jennings:
So Miamarina is not covered.
If you are talking about the formula.
Yes, sir, the formula.
You are talking about Dinner Key Marina only.
Mayor Ferre: So this in effect does for Miamarina what we -are doing
by formula for Dinner. Key.
Mr. Jennings: That's exactly right, Mr. Mayor.
Mayor Ferre: Is it in any, way different from what we do for Dinner Key?
Mr. Jennings: No, sir, it is not.
Mayor Ferre: Okay. Anything else? All right, then we'll vote on it
this afternoon. Is there anything else that we can take up at this time?
Mr. Plummer: Mr. Mayor, I'm going to want to know this afternoon, or
whenever Father gets back, Mr-Grassie, in the back of my mind, something
recalls -to my memory that the County owes us a chunk of change in the
transition of the port. Something sticks in my mind, about eight
hundred thousand dollars that was never paid. And it was one of those
thank you, we owe you bits. All I want is...I want you to be prepared
this afternoon or whenever we vote on this item to come back and tell
me how much that money is, or in fact, its been cleaned out, or what.
So I'm just putting you on notice that I want that answer this afternoon.
Mr. Grassie: Well Ican give you an answer now, Commissioner. What they.
owed us was a million and one half dollars...I'm sorry, one million
three hundred'and fifty thousand dollars. -They have paid one million
dollars in two five hundred thousand dollar installments. They owe.
us three hundred and fifty thousand dollars and they are on schedule.
to make those payments based on the ordinance that we adopted.
Mr. Plummer: Okay, thats what I wanted to know.
17. DISCUSSION OF PRIVATE MANAGEMENT AGREEMENT OF DINNER KEY MARINA
BY BISCAYNE RECREATION DEVELOPMENT CO.
Mr. Grassie: I wonder, Mr. Mayor, whether we
material on item "A".
Mayor Ferre: Yes, I think we are going to have to get into it because
you know, we're waiting now until quarter to ten but I think we've
got to gut now into item "A" So lets take up...lets go back to the
Committee of the Whole meeting. We are now on item "A"
Mr. Grassie: By way of explanation on the timing for this material,
Mr. Mayor, the Waterfront Board, as you know, has participated on a11;
of the discussions that we've had of any changes on leases for Dinner
19
could pass out the
N 1979
( J
ist
Key. They had their last deliberations Wednesday evening, and that is
the reason that you have not received this with your regular packet.
But Mr. Fosmoen is here to introduce the subject for you.
Mr. Fosmoen Mr. Mayor, and members of the Commission, when you created
the Waterfront Board in January of this year, one of the iteMs'that
you referred to them for deliberation was the proposed management
agreement with Biscayne Recreation. They have reviewed the agreement
and on Wednesday evening recommended that the City Commission adopt.
the agreement that is before you today for the private management,"of
Dinner Key. There are several changes in the agreement that was before
you in January. I've distributed three items to you. The first is a
summary dated December, 1978 which summarizes the basic componentsof
the management agreement. Secondly, the management agreement with some
hand written notes in it, since this was concluded on Wednesday evening
And third, a projected cash flow dated January 18, 1979 showing the.
flow of funds from Dinner Key during and after reconstruction occurs.
Maybe the -best thing to do is to work off the document which is titled
"Dinner Key Management Agreement Summary", dated December 12, 1978.
We view with you the major terms of that agreement and note'changes that
have occurred in the agreement as a result of some negotiations with
Biscayne Recreation and also asa result of comments from the Waterfront
Board itself on Wednesday evening.
Mayor Ferre: All right.
Mr. Fosmoen: The first item that is of some importance I think is the
term of the agreement. The basic terms is for ten years. It has a
semi-annual inspection on the part of the City to determine whether or
not Biscayne is properly performing the services provided for There
is a five year extension which gives us a basic fifteen year agreement.
But that extension is only triggered if there have been generally good
reviews on the part of the City during the first ten years of operation.
I know Commissioner Carollo has not had an opportunity to review the
contract and...
Mr. Plummer: I don't think any of us have had the opportunity to review
the new contract.
Mr. Fosmoen: And I will point out those changes to: you, Commissioner.
Mr. Plummer. Well, it is my hope, Mr. Mayor, unfortunately, I am
subjected to what I read in the newspaper other than what Mr. Sorg
has sent to us in the way of a letter. But I do know that there is
an amount of controversey.that supposedly surrounded this situation
and I think Mr. Roth, in his very outspoken way, has raised some points.
It's just what I'm looking at is that this afternoon when this item is
considered, that we will hear all of those points. I, you know, this
thing has been controversial from the word go and it is. going;to stay
controversial, I'm sure, because everybody is not going to have their
own way. But I just hope all of this stuff is going to be taken, into
consideration.
Mr. Fosmoen: Mr. Mayor, under the uses which are permited, of Course,,
the City will do the redevelopment of Dinner Key,'but generally the uses
are for a small boat marina, a boat ramp as currently, exists at
Seminole with no charge, showers, restrooms, security "systems, a
series of concessions which are spoken to more specifically later in
the contract, sailboat rentals and charters. We have made an
allowance for the summer...for the winter boat show. The contract must
be amended to provide for a summer boat show as well. And that is
not included in the current contract but that is one change,. that Biscayne
Recreation has agreed to. You have contracted for two boat shows so
we have to incorporate that into this agreement. That's one change in -
the agreement. Under basic condideration. What does the company receive
for its management" services that it is providing. Prior to the
issuance of bonds or the receipt of licenses and permits, the company
receives a fee of one cent per foot,.per day, for its services in
20
i.::t
Nov 2 7979
:■
1
managing Dinner Key. Any net revenue that is left after we have
paid operating expenses, after we've paid the management company
goes into a construction reserve account, which is used to reduce the
amount of the bond issue that would be sold for reconstruction at
Dinner Key. After construction...or reconstruction is completed, the
company would receive again, one cent per foot, per day, for its
services. In addition, when the rate exceeds twelve cents per foot,
per day, they would receive another one tenth of a cent per foot, per
day. That was an effort to compensate them for obvious inflation
factors over the term of the contract rather than gearing it to some
other standard like Consumer Price Index. If there is a net revenue
after we have paid debt service,after we have paid operating expenses,
maintenance expenses, after the City has received fifty percent of the
required debt service for whatever use it chooses, if _there is any
revenue left, then that is shared with the company on a fifty-fifty
basis. I would point out two things. Number one the City retains
the approval of the rates, and number two, the City -annually approves
.the operating budget which is submitted by Biscayne Recreation. So
you control the operating costs, and you also control the rates. And
therefore, through those two events you control the bottom line as to
what the net profit is from the operation, and what is available for
sharing. I'll also point out that in the contract we have -provided
a mechanism to adjust this contract so that it will track whatever
bond indenture the City adopts for the issuance of four and one half
to five million dollars of revenue bonds. We were writing a contract
before that indenture is_completed, and therefore, we had to provide
language that would permit us to amend the contract to track bond
counsell requirements, to track underwriter requirements, and so forth..
For concessions that are provided by the company...let me point out one
change in the contract that is before you. On page'five, was a
typographical -error. We are requiring one hundred and fifty percent;
coverage on the bonds after reconstruction. Not fifty percent as
indicated in your contract.
Mayor Ferre: Would you repeat that again?
Mr. Fosmoen: The contract, on page.five, under consideration after
permitting, or receipt of bond proceeds. About half way through
that paragraph Paragraph (c).on page five, you will find fifty percent
alluded to. It should read one hundred and fifty percent. It is simply.
a typographical error.
Mayor Ferre: One hundred. It says one hundred
Mr. Fosmoen: One hundred and fifty percent.
Mr. Plummer: General obligation or revenue?
Mr. Fosmoen: Revenue bonds. Not G.O. revenue bonds. We have been working,
as .you know with Hough Company through the term of this agreement, and
they feel certain that with one hundred and fifty percent that service
coverage, that the bonds will be, very saleable.
Mr. Plummer: Who is providing the collateral?
Mr. Fosmoen: It's pure revenue from the project, -Commissioner. Just as
the parking revenue bond works. And the one hundred, and fifty percent, -
by the way, is about what is required on a parking revenue bond.
We've indicated...we've agreed in'this contract that the company would
tic entitled to receive revenue from concessions that are provided. There
are a series of 'concessions listed on page seven of the agreement. You'll
notice beginning of page six of the agreement, however, that there is
some underlined language. That is in addition to the contract that was
before you, in January. The company for. the concession spaces. -..the company
must pay the City the required debt service on that space...
,2i
ist
Mayor Ferre: I don't see any underlined language.
Mr. Fosmoen: On page six.
Mayor Ferre I don't have any underlining in my page six.
Mr. Fosmoen: Okay. My apologies. It may not have reproduced though,
the Xerox machine.
Mayor Ferre: Tell me where it starts.
Mr. Fosmoen: It starts on item "G", third para...third line down,
"setforth hereafter,• the company will pay the City the following,
considerations arising outof the operation of the concession listed
below. Namely, ten percent of the company's gross revenue earned from
concessions contracted to third party concessionaires, or ten percent
of the company's net profit but, not less than five percent of the
company's gross revenues earned from all concessions operated by the
company at Dinner Key Marina. The services referred to herein are."
That language is in addition to the contract that was before you in
January and it provides that the company pays not only the required
debt service plus fifty percent of the debt service, plus one thirty
fifth of the debt service on an annual basis for a depreciation account,
but we are now sharing in the gross receipts of the concessions that
are listed below. There is an additional language change under item
eight.
Mayor Ferre: Item eight, what page?
Mr. Fosmoen: Item eight, page seven.
Mayor Ferre: Yeah.
Mr. Fosmoen: Beginning the fourth line down, we have added the'word
new. There was a concern that five percent of the currently available
slips would be made into brokerage slipsand therefore displacing
people who are already at Dinner Key.-- We have added language so that
brokerage slips will only apply to new construction. In other words,
the company...we will. have had to replace the approximately thirteen
thousand linear .feet of space available before any of the slips can be
used for brokerage. So that's new language also. .We have new...and
then in the fifth line down, after construction exceeds the linear
footage currently available. So there will be no displacement of.tenants
at Dinner, Key to provide for brokerage slips until all of the space
currently available has been replaced. Let me back up to page six, if
I may.- We have changed the word gasoline to fuel to also cover
diesel fuel. We expect to issue, and this is construction of new. facilities.
It is item six and it begins on page sixteen. "The City expects to issue
approximately four and one half million dollars in revenue bonds and
we would expect to have available about five hunderd and fifty slips,
plus two hundred mooring facilities, plus ancillary support facilities
like the concessions. The company will pay one hundred thousand dollars,
toward the cost of permitting and getting design development drawings
to a point where permits can be issued. The company selects that
initial design team. However, any work that is contracted for, using
City funds, advances to bond funds and so forth, will be done under
a competitive negotiations act. The company would participate in those
selections but they would only have one member. -of their corporation
sitting on the !..;election committee. The City retains the right to
set rates. The rates, however, should be comparable to other public
marinas in the area. There is a default clause.' If the company does
not meet the requirements of the contract, they have thirty days
to correct or we can cancel or terminate the contract. Taxes was.one
of the areas where we were very concerned about the impact of a
management agreement. And I keep referring to this as a management
agreement and not a lease. If there are.taxes imposed On concession
properties, such as a bait and tackle shop or a restaurant, the
concessionaires are responsible to pay. those taxes. We may defend
against it if we wish. But we certainly have precedent to suggest
that we are not going to be very successful.' For instance, Grove Key
next door where they tax the tackl...Captain Dick's Restaurant, and
also Merrill Stevens where they are posessery interest taxes imposed
on the lease hold interest at Merril Stevens for the brokerage
operation. So there is substantial precedent for taxing those things
that are not directly related to the marina operation. If the facility
itself, if the entire marina is subject to an ad velorum or a property
tax, then we are agreeing to jointly defend with the company, against
that property tax. If as a result of ...if the facility is finally
judged to be subject to property tax, not as a result of this contract,
but perhaps a change on the State Supreme Court and the way they look
at marinas, perhaps a change in State Legislation in the way that the
State looks at marinas, then those taxes would pass on through rate
increases to the tennants If the facility is judged to be subject
to property taxes as a result of this contract, and those taxes passed
on to the tennants raise the rate at Dinner Key above the average.in
the Coconut Grove area, then two things happen. Either the company
absorbs that additional cost, or the agreement is terminated and. the
•City is back into the, business of managing Dinner Key.
Mayor Terre: At whose option?
Mr. Fosmoen: If the company does not'absorb the
the agreement is terminated.
Mayor Ferre: So it is at the company's option.
Mr. Fosmoen: Yes, it is. If the company does not absorb..
Mr. Plummer: They can either pay it or get out.
Mr. Fosmoen: the additional cost then the agreement
is at the company's option.
Mr. Plummer: Where is that language?
Mayor Ferret It's not at the City's.option.
Mr. Plummer: Where is the language in here?
Mr. Fosmoen: It is Section twenty three, Commissioner which begins on
page twenty-two. The specific language starts on page twenty-four. Item.
four. "In the event the final adjudicatory action declares the
assessment lawful and the taxes should be due and payable solely due
to the existenceof the management agreement, then it is agreed that the
amount of said taxes should be made a part of the operating budget, and
shall be deemed operating expenses included in the makeup, of dockage
rates. Unless the affect of such inclusion causes dockage rates to
exceed the average rates charged for dockage and moorings at other
marinas situated on public land in the Coconut Grove area.
Mr. Plummer: What does that mean?
Mr. Fosmoen: If the agreement is...causes property taxes to be imposed
at Dinner Key, and if the imposition of those taxes raises the rates
above the average on public land in the Dinner Key area..
Mr. plununer Such as Merrill Stevens.
Mr. 1'osmoen: Such as Merrill Stevens, or Grove Key or Monte Trainer or
the annex...
additional cost, then
is terminated,_ So it
Mr. Plummer: But now, they are also subject to possible imposition o
taxes.
ist
Mr. Fosmoen: They would also be subject to.
Mr. Plummer:. So we are talking about after the taxes have been applied
to compare.
Mr. Fosmoen: In such latter event, the company may payany amount •
of tax which causes such excess of the average rate from its profits.
If the company fails to pay such excesses, then the City shall terminate
this management, reimburse the company for expenses incurred in accordance
with paragraph six." That's their one hundred thousand dollars in
up front design costs, and the agreement is terminated.
•
Mr. Plummer: We have to pay that back to them.
Mr. Fosmoen: Yes, sir.
Mr. Plummer: Well, let me ask this question. If we don't hirea
company to manage it, all right? The chances are we're not going to
get hit with taxes, correct? As I understand the controversy surrounding
this situation, it is only in those cases where a municipality turns
to the private sector for profit.
Mr. Fosmoen: At this moment in time, that's correct. But Iwould
point out that the two cases that have been up before the Tax Adjustment
Board were both leases. They were not management agreements.
Mayor Ferre: It's a big difference.
Mr. Plummer: Yeah, I.under...Dick, I understand that. But what I'm
saying is, I have a problem with the City having to defend or participate
in the defense of something if we didn't do, we wouldn't have to be
involved in. Why shoud we pay that? I don't understand that.
Mr. Fosmoen: Commissioner, I'm not, and I'd have to defer to
counsel for a more specific answer, but I'm not sure that the
County is not headed in the direction of imposing taxes on 'all of our.
facilities.
Mr. Plummer: You don't have a crystal ball and neither do
to work with what is the known facts today.
Mr. Fosmoen: But I have appeared before that Tax Adjustment Board and
listened to their conversations surrounding marina facilities.
Now we made the point to them that Grove Key and Merrill Stevens were
simply the City's surrogate in providing those services. We, in fact,
do generate a profit from Dinner Key.' Their basis for making a
decision on possessory interest taxes at Grove Key and at Merrill
Stevens was the profit generator. We turn a profit at Dinner Key.
Mr. Plummer: Well, of course, that's an agrument long standing before;
this Commission. It has always been my contention and will remain so,'
the reason we turn a profit is we don't spend a damn dime to fix them
up. There's no profit there, it is like the Orange Bowl.
Mayor Ferre: Well that's what we are trying to remedy with what we
are doing now.
Mr. Plummer: Well what I'm saying, Mr. Mayor, is if you take, in fact,
the. OrangeBowl...the Orange Bowl doesn't make any money. All of the
money that is generated as surplus goes back in to do renovations and
annual maintenance and it shows nothing.
Mayor Ferre: That used to be so, it is no longer so.
Mr. Plummer: Well, I'd like to see that in writing.
Mayor Ferre: Mr. Jennings, do you want to Put it in writing.
,24
ist
Mr. Fosmoen: We're currently putting in approximately eighty moorings
outside for improvement. We have spent about one hundred thousand_
dollars on new pilings.
Mr. Plummer: Dick, you also spent sixty thousand dollars when this
damn electrical system failed out here and you bought all those T.V.'s
and appliances because we have a miserable electrical system.Okay? The
point that I'm trying to make is, if we don't enter into an agreement then
we're not really subject to taxation. The profits go to the City revenue's,
into the General Fund and that's it,.amen. The point I'm making, if we
go to a situation of a private concern...for example, I want to tell you,
Merrill Stevens gets hit with taxes, don't come back to me and ask me to
help you defend the damn thing with my money. That's their baby.
Mr. Fosmoen: And they have a long term lease and considerably...
Mr. Plummer: Until 1986 as -I understand it.
Mr. Fosmoen: And considerably more latitude in the operation of that
facility than is available here under a management agreement. But the
point I want to make, Commissioner, is that the agreement was negotiated
with Biscayne Recreation at the direction of this Commission`.
Mr. Plummer: I understand that. And you also understand, against my
negative vote. But that was the majority will of the Commission. That
is aside from the point that I'm trying to make. The point I'm trying
to make is, that if in fact, we do nothing, continue operation and do
all of this inhouse, I don't think we are going to be subject to taxation.
Mr. Fosmoen: I would have to defer to counsel for a response.
Mr. Plummer: Okay? That's the way I understand it. We are only going
to be where there is the private sector, and for profit. Okay? Now,
based upon that, I find a problem where I've got to go to the defense
of the private contractor, whoever he may be, to help him save his
wallet. I have a problem with that. He wants to fight for it, fine. Let
him pay for it.
Mr. Fosmoen: But ultimately, it's the tenant who pays for it. And there is
a principle involved as to whetheror not a city, will be able to let any
of its facilities out for management services. We do a lot of contracting.
for management services.
Mayor Ferre: It is the tenant that pays for it.
Mr. Plummer: Hey, I understand that, Maurice. The point I'm trying to
make...look, you don't have to draw me any pictures. All right? I know
what the County is doing. They are getting to the point where there isn't
going to be anymore tax free. And I don't know that I disagree with that. -
If we, the City, are in competition with. private sector, I don't -think
there should be a distinct advantage because we are the City. .I've said
that all the way along. Now...
Mayor Ferre: And whether it is the City direct, or the City through a
management contract, it is going to be the same principle involved.
Mr. Plummer: I understand. But why go on a maybe basis. I think it should
be written into the contract, that if taxation is imposed that it comes out.
nr t he prof i t. of the management company. If Merrill Stevens' were to get
hit t cxl;,y ,with taxes, who cats it?
Mr. Fosmoen: Merril Stevens does. But I will point out one major distinction...
Mr. Plummer: That's the point I'm trying to make.
Mr. Fosmoen: But there is a difference, Commissioner. Because in...I find
my self in the unique position of defending the agreement.' There is a
difference because at Merrill Stevens they set their own rates, and they
set their operating budget and they determine what their bottom line
profit is.
.25
ist.
ist
Mayor Ferre: They have a lease.
Mr. Fosmoen: In this agreement, you set the rates, you approve the
operating agreement, and you determine what the bottom line profit is.
The only profit to the company is. one cent per foot per day for the
service that they are providing the facility plus whatever they are
getting out of the concessions.
Mr. Plummer: Mr. Fosmoen, you raised a point. Let me put you on the
spot. You say that you find yourself in a unique position of defending '
the contract. I read between the lines that says maybe that you feel,
and my question then is, do you feel that this is the best deal that the
City can get?
Mr. Fosmoen: I feel that this is a good deal for the City, if the City
wishes to use a management firm. We have been sitting on this and
discussing it since January. There has been no movement. You now have
'a recommendation from your Waterfront Board that the City enter into
this agreement.
Mr. Plummer: I will reask my question since you obviously did not
understand it.
Mr. Fosmoen: Iunderstand it.
Mr. Plummer: You didn't answer it that -way.
Mr. Fosmoen: I think it's a good deal for the City, Commissioner..
Mr. Plummer: You feel,.. that's still not my` question, Mr. Fosmoen.;;
My question is, that in your professional opinion, being the direct
person involved from the administration, that this is the;best deal that.
the City of Miami can get for the operation of Dinner Key.'
Mr. Fosmoen: Commissioner, I have a great deal of difficulty defining
the term best. Okay? We went through a`very long process'of selecting
a firm who can provide the service. We selected; that firm, we negotiated
a contract. I think it is a good contract. That it is good for the
City and it is also good for the management firm. We can negotiate
such a good contract with the management company or with anybody else
for a lease but they'd go broke in'three months. Now, that's the best
deal for the City in terms of a monetary return.'.,.
Mayor Ferre: Yeah, and then we end up going into a I✓,onty Trainer situation.
Mr. Fosmoen: But we're back, you know, where we are with the facility
at Bicentennial Park.
Mayor Ferre: All right, further questions? Are there further questions?
If not, I'd like to...is Mr. Sawyer here? Mr. Sorg? I'll tell you,
I don't know whether Mr....is there anybody else from theboard other:than.
you, Mr. Sorg? Would you step forward, -please. I don't know whether
you'll be with us this afternoon but:I see you here now. Would you
tell us,:on the record exactly what happened with the Waterfront Board,
and what the Board's decision was? Your name and address for the record.
Mr. Stewart Sorg: My name is Stewart Sorg. I'm a resident of Coconut
Grove, President of the Coconut Grove Chamber of Commerce and a member
of the Miami Waterfront Board. I'd like, first of all, to compliment
Mr. Fosmoen on the Wednesday, meeting. As I mentioned to him as he left,.
I thought he was outstanding. He took that contract for three and one
half hours and went over it word by word, step by step, item by item.
We all understood it thoroughly, we understood the profit structure.
The fact that Dinner Key has to, be a profit center now for the City of
Miami. The potential for growth in this area of Coconut 'Grove certainly
can't be hindered by the lack of a reconstruction of a pier facility which
is a major factor in the whole city We all were in favor of, Biscayne
.26
Development except for one negative vote. The Waterfront Board stands
firmly behind its decision to recommend Biscayne Development.
Mr. Lacasa: Mr. Sorg, do you feel that this contract gives guarantees
to the users that they will have a good deal with the private enterprise:
In other words, are their rights guaranteed by the contract? In your
own estimation.
Mr. Sorg: Yes, sir. I certainly do, Commissioner Lacasa. I feel very
strongly that rates imposed on a facility in Coconut Grove cannot be
comparable to rates imposed to other marinas in other areas. I think we
have a unique real estate position here that requires probably additional
cost to live here. But I think it's an excellent opportunity. Another
factor that came out of this Waterfront Board meeting was that the users.
now have a...have a recourse in the event that their is disagreement with
the operation of Biscayne Development. They now can come firmly to the
Waterfront Board to express their grievances.
Mr. Lacasa: And the City government does retain the right to set'the
rates?
Mr. Sorg: Yes, sir,
Mayor Ferre: All right, anything else, Mr. Sorg? Further:questions of
tdr. Sorg? Well let me, for the record, just make a statement so that
everybody understands how I` feel about this. Let me begin with the basic
premise, this is not a public hearing. This afternoon I'd be happy to
recognize anybody of the public. Let me for the purposes of clarifying
my position say that I think it's ridiculous for people in Florida to
have to go to California to have to'find out how to build marinas and
how to run them. I think that Florida should be the capital in the
United States of the marine world.; We have the Bahamas, we have Biscayne
Bay which is almost unique in this country. There are no better
boating facilities for either sailing or fishing, or whatever sports
recreational activities from the, boating world is concerned. I think
the fact that you can go to California from San Diego all the way up
north and find literally, thousands of marinas with thousands of spaces,
whether it be Marina Del Ray,or Long. Beach or what have you. And -the
vast majority of those marinas are on public property with long term
leases of the private sector. I do not think that a government is
particularly adept at; runningoperations that are pleasure oriented and
compete with the private sector. I think that what we have here is the
best of two worlds., The City of Miami retains the ownership to the
property, we are not going into long term leases the way we were going
in the beginning., But we are getting other than City, employees, other
than government bureaucrats to run the operation. I'm not in anyway.
casting disparaging remarks about governmentversus the private enterprise
system. But I just happen to think that experience, at leastwhat have
see, and what I have read, and what I have been told about shows that
these type of operations are best operated in the'hands of non -governmental
entities. Now, that's just a matter of opinion. Second thing that
I want to say is, that with regards to the number of boat.slips that we.
have in this community, it is unbelievable that we have so;very few. I;.
understand that the need now is between twelve to fifteen thousand
additional boat slips in this area. That does not take into consideration.
the thirty-five thousand boats, pleasure craft that already exist in
the Dade County area. I think thatall of us, Metropolitan Dade County,
th City of. Miami., and anybody who has waterfront property has really
been deficient in our responsibility to making Miami the boating capital,
if nit of America, certainly of the Atlantic coast. I think that other
communities:such as Fort Lauderdale, over the last fifteen years, have
greatly surpassed Miami. Miami used to be the recreational center, the
boating capital of Florida. Idon't think that we can claim that title•
anymore. And I think it is just absurd that the situation exists. I
think that the fact that we own twenty-five percent ofthe waterfront
within our corporate bounds speaks to itself. You can say, well let
the private sector go out and develop boating facilities on private,
land. Where? Where? Show me of the seventy-five percent of the waterfront
1st
27
NOV 261979
that is left within the City of Miami boundaries, what areas are properly
zoned for people to build private sector boating facilities. And the
answer is, hardly any. So therefore, the question then is, if we are
going to increase our boating capacity, that means slippage and service,
then how do we go about it? Obviously, it must take into consideration
public property. Now the next question is, who can best do it? Can
the government do it? Or can the private sectordo it, or can it be
a joint venture within the constitutional boundaries of the process?
The answer now seems to be that we ought to do it jointly. And the best
way to do that is through a management agreement where we retain control
on the fees, and we retain basic control as to how this is done. The
proof of the pie is in the eating. Walk out on those piers and see what
condition they are in. We've been arguing about this now for two or three
years. And I was very pleased to see a previous critic, and I don't
mean to mention personalities, but I see that Mr. Roth is here. I was
very happy to read in the article in Neighbors, that his conclusion
is coming. around that this is the only way we are going to make any
progress. I commend you for that. I know it is a change in attitude
and I think...I hope that we can now proceed. Lastly, I want to commend
the Waterfront Board. I do not believe in a waterfront trust.'.I do not
believe in authorities. Elected officials are elected to guide the
destinies of communities including what we do with the property that the
City owns. The City owns this property and it is the elected officials
that have to make these basic decisions. I am not ready, I have never
been, and will never be as long as I am a public servent to abdicate
my responsibility. The days of authorities and trusts are long over
with. I do not believe that we can abdicate this type of a responsibility.
This is what we must do and it falls upon our shoulders to take the
decisions and .to take the consequences. I will not have people who
are not elected, and therefore, not responsible to the electorate making
decisions on property that belongs to the people of Miami.. We go to
an election every two. years and you have the right to throw the, rascals
out, or to do anything you want. And I, think that public property must
remain in the hands of elected officials. Now, with regards to the
Waterfront Board, I do think, and I'm committed to getting a cross-section
representation of people from throughout the community to give us advice:.
And I'm committed to following their advice. And this board was very
carefully selected. We went through a public process that took.months
in designing it. We went through a whole process in which the board was
selected oneby one. There is a representation of environmentalist, of
consumers, users, of boating...the marina interest, the yacht clubs. I
think every segment of this community is properly represented. I find
it very significant that this matter has been decided by a seven to one
vote. I think...I frankly, can't believe it.' I don't how it came about.
How seven people from such diverse backgrounds could come to an agreement
on something like that. It certainly speaks well. And my only concern
and problem is that we have wasted a year because if we had done this a
year or two ago, those facilities would now be under construction and
we'd probably have decent dockage space out there rather than having
to worry as we do as to when somebody is going to get electrocuted or
what board is going to slip, what child is going to fall into the water
in the run down conditions that we have there. And I don't mean to...
I know the lawyers will be upset about what I just said, but I think we
have a responsibility.' And I think we must move along. So I'm happy that
this is coming to a conclusion and I hope that this afternoon we can come
to an agreement. All right, any further statements?
Mr. Grassie: I think we need to put in context for you Mr. Mayor,:and
member, of the City Commission, what we are asking of you. Because what
you have in front of you is a draft. It is not a finished document. It
has some handwritten corrections that were made at the last moment.' What
we would anticipate is if you agree with the general tenner of this document,
that we would bring it back to you for discussion and action, we hope, on
a future agenda.
Mr. Plummer: In other words, this is only for discussion today.
Mr. Grassie: That is correct.
ist
Mr. Plummer: There is no action to be taken.
Mr. Grassier No action is...other than, we would like some indication
from you of your reaction to the document. If you have any direction
for us, or if you want anything specific changed, then this would be.
an opportunity for you to bring up those questions.
Mr. Plummer: Well, Mr. Grassie, you know, the problem that I have is
that you just gave me the document. Let me ask you a question, Dick.
Anywhere in here does it state, of the percentage of live-aboards that
can be in there?
Mr. Fosmoen: No, does not limit the amount of live-aboards.
Mr. Plummer: So in other words, that can work either way?
Mr. Fosmoen: That's correct. Now the company must prepare rules for
the operation of Dinner Key. Those rules must be agreed to.
Mr. Plummer:' Hypothetically, the company's rule is, no live-aboards.
Hypothetically. Which they have, as I read this, that amount of
latitude. Or fifty percent live-aboards. It is not spelled out
Mr. Fosmoen: No, it is not.
Mr. Plummer: Why?
Mr. Fosmoen: There isnot.a percentage. I believe'that, Mr. Jennings
can correct me. Currently, there are no rules on the number of, live
aboards either but they can be established through the rules of operation
and we have approval on those rules.
Mr. Plummer: Well you're putting the cart after the horse. Or the
before the horse.
Mr. Fosmoen: Commissioner, if you're saying that you want a specified
•
percentage in here, you know, there are representatives of Biscayne
Recreation here who can respond to that. It is...it is not...
Mr. Plummer: Well I'm just asking, that it is very obvious that it is not.
in the document and I'm asking why?
Mr. Fosmoen: And it is not currently established as to a percentage. The
marina does not have a percentage today.
Mr. Plummer: But Miamarina-does. No more than ninety days, as I recall..
Mr. Jennings: No, sir. That was changed with our last amendment to the.
ordinance. It now is.left to the discretion of the department. And as
a practical matter, we do limit them in accordance with your stated
desires to keep that marina a transient marina. We do' limit it but it is
not specifically a percentage basis. It is done with our departmental
judgment.
Mr. Plummer: What...you talk about four and one half million dollars
worth of improvements or bonds. Where is the plan for that?
Mr. Fosmoen: Commissioner, the first thing, of course, Biscayne Recreation
presented you with a set of preliminary plans for that expansion. We•
have not pursued detailed drawings or detailed permitting until we know
whose going to be involved. The plans are not finished.
Mr. Plummer: Well then how do you...what I'm getting at is, how do you
know it will fly?
Mr. Fosmoen: Because we've done enough work and so has Biscayne Recreation,
and other bidders on the job, to know that we can expand the marina to
approximately five hundred and fifty slips, with several hundred mooring
.29
facilities.
Mr. Plummer: And what happens if you can't get the permits?
Mr. Fosmoen: Then Biscayne continues to operate the facility on the
basis spelled out in the contract. One cent per foot per day.
Mr. Plummer: One of the reasons you are having trouble on Watson Island
is that you can't supposedly substantiate a cost 'factor.
Mr. Fosmoen: No. There are a whole series of reasons why we are having...
Mr. Plummer: That's one of them..
Mr. Fosmoen: Problems on Watson Island. Among which there are half
a dozen bureaucrats at the State level who don't want the'project,.
Mr. .Plummer: The point I'm making, doesn't it seem logical,. that
attached to this document would be some kind of second document stating
what the four and one half million dollars is going to be spent for?
The reason I'm saying that, Mr. Fosmoen,.you are well aware of. We're
speaking of that today to perform "x" number of situations. Now, if the
City drags its feet like it usually does, in two years when this thing
goes to bidding, we've been eaten up by twenty-two, twenty-four percent
of inflation, we can do twenty-four percent less. Now, I would want
and demand, that whatever is the four and one half million dollar plan
be attached to this lease, or this document and that it is something that
we can hold the developer to. •
Mr. Fosmoen: Commissioner, let me make two points. First of all, it
is the City who is going to issue the revenue bonds.
Mr. Plummer: You're right.
Mr. Fosmoen: It is the City who is going to ultimately approve the''
development plans. The man...it's the City's project. The Manager
begins operating on a day to day basis when the contract is approved.
Mr. Plummer: I understand.
Mr. Fosmoen: During...immediately, they spend one hundred thousand dollars
on preparing preliminary plans that will begin to get us the necessary
permits. We then...
Mr. Plummer: Who does the permits?
Mr. Fosmoen: They will be our permits. The developer and us, will work
jointly together on pulling the necessary from the forty-three agencies.
Mayor Ferre: Let me pose the question differently: Does the Commission
have the final say as to how we are going to design it, how it's going
to be built, and whose going to build it?
Mr. Fosmoen: Yes, sir.
Mayor Ferro: Does the Commission have the final say.. is i
Mr. Fosmoen: Yes, sir.
Mayor Ferre: It is going to be our marina?
Mr. Fosmoen: Your marina, your bonds...
Mayor Ferre: We hold title, and we design and we're going to build it, right?
Mr. Fosmoen: And your construction contracts.
Mayor Ferre: And we're go through the whole process for the permits,
they are going to be in our name?
Mr. Fosmoen: Yes.
Mayor Ferre: The selection process goes through us. What in effect
we're doing is, we're hiring an outside group of people to manage, to
operate the thing for us. Is that correct? This is not a lease.
Mr. Fosmoen: This is not a lease.
Mayor Ferre: Further questions?
Mr. Plummer: Yes, I have to find it here, though.
Mr. Carollo: I have a question, Mr. Mayor since Mr. Plummer is not
ready with his, yet.
Mayor Ferre: Go ahead.
Mr. Carollo: Have we been able to pinpoint, as close as possible at, this •
point, the profit that we would be making on a yearly basis?
Mr. Fosmoen: We've passed out to you a cash flow projection. It's
a single sheet dated'1-18-79. If you wish, I can run through that for
you very quickly to show you what happens after reconstruction is
completed. And I think that the simpliest thing to do is use the fourth
column out which is 7-1-82 through 6-30-83. That assumes that construction
is completed, the marina is in full operation -at that point, and rates
have been established. We have twenty-one thousand seven hundred lineal
feet of dock space available.' We are receiving revenues from sailboat
rentals, from commercial boats, from transient boats, and from moorings.
Those are listed.out and those are simple assumptions at this point, but
assumptions based on some reason. We receive from the dockage space,
approximately one million and ninety-three thousand dollars. This is
revenue into the City. Nineteen thousand dollars from sailboat rentals,
twenty-one thousand from commercial boats, one hundred and ten from.
transients,'and one hundred and twenty from moorings, for a totalrevenue
of the project, after reconstruction, of one million three hundred .sixty-four'
thousand dollars. 'There are also...there is also income from reserve
accounts, for maintenance accounts, and that kind of thing, interest
on those accounts. Those are listed next as investment income, thirty
thousand dollars, thirteen -five and fifteen. So the total gross
revenue, revenue from moorings, from slips and from interest is one,
million four hundred and'twenty-three thousand. What happens first?
"0" and "M" expenses are paid. Operation and maintenance expenses of
six hundred and four thousand dollars. That leaves eight hundred and
nineteen thousand dollars. We pay, on four and one half million dollars
in revenue bonds, four hundred and six thousand dollarsin debt service,
that leaves us with four hundred and eleven thousand dollars• The. first
thing that comes off of that four hundred and eleven thousand is a
payment to the City equal to fifty percent of the debt service. And
that's available to the City to use in 'anyway it deems appropriate..
That's two hundred and three. We further have one hundred thousand dollars
taken out for a depreciation account. Now as that builds over the twenty-five
years of the bonds, at the end of twenty-five or thirty years, we have
a sufficient fund buildup to do major repair replacement and possible
reconstruction at Dinner Key. That leaves three hundred and three
thousand dollars. We then pay to the Manager seventy-eight thousand dollars
based on one -cent per foot per day on twenty-one thousand lineal feet.
We pay him another fifteen thousand because the rate, as you see, is at
fourteen cents, not twelve. So that fifteen thousand dollars is his one
tenth of a cent per foot for each cent over twelve. He gets ten percent`
of the mooring revenues which is twelve thousand dollars. So the profit
to the company for operation is one hundred and five thousand dollars. That
leaves three thousand dollars available to split between the company and
the City. Now, what has the City gotten? Its gotten fifty percent of
debt service, two hundred and three thousand dollars. Its gotten
one hundred thousand dollars of depreciation for the depreciation' fund,
and it has available to it, half of three thousand 'dollars. That
.31
1979
ist
three thousand dollars is obviously impacted by the rate that is set
up above which this Commission controls and also by the operating
expenses. The six hundred and four, which this Commission controls.
So this body determines what that bottom line is. You'll see that the
year previous, based on thirteen cents per foot per day is a ninety-three
thousand dollar return. In the fourth year out, that's the first year
that we have paid full debt service and interest strictly out:of the,
revenues of the project and that's why you have only three thousand,dollars.
In the third year out, we are paying interest. We have not gotten to the
point of paying the full debt service amount. Okay?
Mr. Carollo: Let me ask you another question, and I'm sorry if I show
ignorance in this, this is the first time I've been here and I just
got most of this in my hands here now. Have you been able to put on
paper just how much of a profit could the City make if the City would
run the facility itself after doing everything else that so far the
private sector would be doing. Can we make -a larger profit with the
City running the facility than we would this way?
Mayor Ferre: That's the key question.
Mr. Fosmoen: Commissioner, I think the answer to that has to be in the.
operation and maintenance line item that's shown on this chart. I would
suggest to you that our rates for employing people on a daily basis
at the marina are probably twenty-five to thirty percent higher. Perhaps
even fifty percent higher than the private sector is paying. And that
is because of fringe benefits, it is because of the rates that are contracted
for through negotiations for people who work at the marina. I would
suggest to you that what we are paying the manager, which is one cent per
foot per day would be approximately what we would incur in an overhead
expense to the City for continuing the operation of that facility. By
overhead I mean all of the support services that the City offers, like
Finance, like Budget and Mangement, like the Manager's Office. All of
those things that are not now counted in the rates at Dinner Key. That
would be about the same amount. If we assume that the City is going
to have to pay a higher rate, perhaps operate less efficiently, then I
think that,from these numbers you can quickly conclude that our return
is going to be higher on a management agreement.
Mayor Ferre: Let me express my opinion in conjunction with yours. I
think that the private sector can do anything better than the public
sector. Everything. Unfortunately,•we cannot go out and contract for
police services because I think that. would be...we just couldn't do_t
I don'_t think we could go out and contract for fire services because
we just couldn't do that. And: we can't go out. and contract zoning and
the planning process. There are some cities that contract garbage and
sanitation. And they do it not only more efficiently but for a hell
of a lot less money. But that, of course, has a social and political
consideration,. And I would be against it in this city. Now,'other
than that, I personally feel that any other services, especially when
it deals with leisure and pleasure things such as, golf courses, boating
facilities, restaurants. Anything where there is a potential profit
motivation. Thank God we live in America and I think that I don't care
what Ayatollah Khomeni or anybody else says, there isn't any system in
the world that is as efficient as the private enterprise system. And I
just happen to think that one hundred thousand dollars you will get
back many times, not only„ 'in the efficiency :but in actual dollars. I.
think we will do better financially with the private sector than we will
do with the public sector. Plus, I think the tenants will Jlot pay anymore
money since we are going to set the rates. But they will have, which
they don't have now, is a much better marina with much better service.
Just a personal opinion.
Mr. Plummer: Dick, on this flysheet here Dinner Key Management Agreement
Summary, 12-12-78, the wording on page four, reference to taxes is different
than what the contract is. Or at least I read it differently. For example,
the wording is may, where the second wording is shall.
.32
ist
NOV 2 6 1979.
Mr. Fosmoen: What...I'm sorry, which paragraph are you on, Commissioner?
. Mr. Plummer: "If concession properties are taxed, city or company may,"
underlined, "defend at concessionaires expense." Now that's exactly
what the point I was...you know..
Mr. Fosmoen: That's a may on the concession portion. On the bait
and tackle shop, on the restaurant, that is permissive for concessions.
For the marina facility it is shall. And that does track the language
in the agreement.
Mr. Plummer: Well when you...all right. You see, to me this contract
has got to go a long way before it's final. When you speak of'a
restaurant, what kind of a restaurant are you talking about? Are you
talking about, as we knew it there? Are you talking about a.;million
dollar facility? But it's not spelled out. It just says the word
restaurant.
Mr. Fosmoen: That's right. Because we control the design process, we
control the construction process and the proposal that you, reviewed
better than a year ago, Commissioner, had a small fast food kind of
facility available down about Seminole is currently located.
Mr. Plummer: Okay. The point I'm getting to, Dick, is if we hold
design control, agreed, yest aren't we locked in on percentage?
Mr. Fosmoen: You're locked in on the percentage which was ten percent
to those facilities that they let out and five percent of their gross
on facilities they operate.
Mr.. Plummer: Something is lost here somewhere. We're getting a lot
more than ten percent in return to the City for restaurants: on City
property. What percentage, Mr. Grassie, for example,' from Rusty Pelican.
Mr. Fosmoen: Three percent.
M
. Plummer How much?
Mr. Fosmoen: Three and one half on gross.
Mr. Plummer: On gross.
Mr. Fosmoen: Three and one half on gross. The built the building with
their own funds. They have a thirty year lease. Next door, Commissioner,
we get, Spencer gets twenty percent of Dick's gross and we get
ten percent of that twenty percent.
Mr.Plummer: What'is projected on the line item for that particular return
to the concessionaire? An awful lot of loose ends. Explain item nine
on page twelve to me.
(COMMISSIONER GIBSON ENTERED MEETING)
Father Gibson: May I interrupt? I heard what you asked him and I heard
what he said but I didn't get your response, That kind of bothered me,,
Mr. Plummer: Father, the point I was trying to make was that if we didn't
allow this concession to the management team, the City would get the
full amount,` We'd get thirty percent. We'd get thirty percent rather
than the ten.
Mr. Fosmoen: No, that's not...each of those would be negotiated, Commissioner..
Mayor Ferree If owned a football team and had our own team in the Orange
Bowl, we could get more moneythan we make with the Dolphins,
Mr. Plummer: I don't see any comparison.
.33
ist.
1st
Mayor Ferret Well, the point is, thatif you are going to go to a
management agreement and somebody is going to utilize our facility and
run it for us, then you've obviously got to compensate them. The
key question is...
Mr. Plummer: I agree. But the restaurant is not going to be run by them.
Mayor Ferre: But that's a decision that we will have to make as it comes
along.
Mr. Plummer: The point I'm trying -to make, I agree but you're locked ,
into the percentage. And that's wrong. How can we lock ourselves into
a percentage today which is spelled out here, which says ten percent.
And we don't have the foggiest idea what kind of restaurant is going:there
Father Gibson: Then you think we ought to leve it negotiable?
Mr. Plummer: Its got to be.
Mr. Fosmoen: Commissioner, you control the kind of restaurant that goes
there through the design process and the bond process.
Mr.Plummer: Dick, that's fine. You're saying to me, we're going to put
up a food concession without telling me what kind. If you put up a
Seminole that throws. sandwiches into a hot infra -red oven, ten percent
to me is fair They don't serve alcohol, they don't serve beer, they
don't serve wine, that's one thing. But you go put up a fancy dancy
restaurant over there that is serving booze, that's serving ten dollar
meals, their percentage in return is going to be greater, and I think
we're entitled to it. But you're locking me out the door.
Mr. Fosmoen: I'll go back to the same comment I made, Commissioner,
will control the kind of restaurant that is available there.
Mir. Plummer: But if I want to put the fancy dancy there I'm controlled
and locked into the ten percent.
Mr. Fosmoen: I will also have to go back to the series of presentations
that were made before this Commission by Biscayne Recreation and in those
presentations, there was no discussion of a top quality restaurant. But
rather a small sit-down fast food service restaurant. Biscayne Recreation
is here and they can speak to the issue.
Mr. Plummer: Well I don't want to open Pandora's box today, okay?
Father Gibson: J. h., let me ask a question..Remember, financing is not
my hustle. Mr. Grassie, maybe I want to ask you. If we are to get ten
percent of anything that's here and that stays low qualitywhy then
change from low quality to high quality, that means that instead of making..
instead of the income being one hundred thousand dollars so I get
ten percent of two hundred thousand dollars. Don't I? Isn't that what
that means?
Mr. Grassier Yes, you would, Father. But I think even more important
for purposes of your duscussion, possibly, is the fact that a high
eual itry restaurant is something which the City has not contemplated
1 ii i I it i nq with its s own money. Consequently, if you ended up with that
kind of facility you would probably have the same kind of arrangement
that: you have at Miamarina with Restaurant Associates, or the Rusty
Pelican. That means that somebody else would have to make a major
investment, and in. fact, we would end up with a smaller portion of gross
as we do at the Rusty Pelican and also at Miamarina. You knowthat's
between four and six percent-. We'd end up with a smaller percentage of
gross than you do on a fast food operation. That's'because of the nature
of the business. Yeah, you have to invest so much less.
Mr. Plummer: Does it say in this contract whose money will be expended
for the restaurant? Is that from the bonds?
.34
' ' 1979
Mr. Fosmoen: Yes, sir, that's from the bonds.
Mr. Plummer You see, Dick, you cannot defend the position in anyway,
of agreeing to this contract without a detailed outlay of what you're
going to spend that money for. I will not vote for it.
Mr. Fosmoen Remember Commissioner, that in addition to the percentage
agreement that they are paying us, they are also paying us for the required
debt service on that space, fifty percent of the debt service on that
space, plus a one thirty-fifth of the value of that space to go into.
a depreciation account. Plus the percentage of gross. None of our other
agreements have those kind of land rents as well as percentages, of
gross.. At the Rusty Pelican, it is a straight percentage of gross. With
Grove Key it is a straight percentage of gross.
Mr.' Plummer: But we knew when we made the contract with Grove Key, we knew.
what the restaurant proposal was.
Mr. Fosmoen: You knew that Captain Dick's Bait and Tackle Shop was going
to be replaced'.
Mr. Plummer: Yeah, but we knew that it was going to be a fancy dancy
restaurant.
Mr. Fosmoen: Next door?
Mr. Plummer: Yes, I did.
Mr. Fosmoen You had some preliminary plans, Commissioner. But in that
case, you didn't control the design process. In this case, you control'
the design process and you control the funding. And you can control
how many dollars out of that four and one half million dollar bond issue
are put into a restaurant facility. And you can make it a two seat
restaurant if you want to.
Mayor Ferrer Are there further questions?
Plummer: Oh, I have a lot more questions, Mr. Mayor.
Mayor Ferrer All right, then I think you've asked the same question..
Mr. Plummer:. This is in principle. The other question I asked, that
I haven't heard an answer to is item nine, on page twelve.
Mr. Fosmoen: Item nine, on page twelve, indicates, Commissioner that
the management company will work us in the reconstruction of Dinner Key.
They are going to be on site on a daily basis They will function as
the manager for that reconstruction process. But again, we control the
financing, we control the bidding process, we control the construction
documents.
Mr. Plummer:' That isn't what it says.
Mr. Fosmoen: "The company will act as manager for the redevelopment
and reconstruction of Dinner. Key Marina facility at the present location
so the marina will be a public waterfront recreation facility at the
present site."
Mr. Plummer: In other words, they shall be the manager. That's what it
says. But yet, on anyother major facility, we have had the opportunity
of putting on a high priced person at City expense to be the project
manager. Now, are we going to pay under this, a supervision fee?'
Mr. Fosmoen: No, sir.
Mr. Plummer: It's not spelled out.
Mr. Fosmoen: It it is not spelled out, Commissioner,, all we're paying
them is one cent per foot. per day.
35
Nov 2 6 1979
Mr. Plummer: You've got to spell it out.
Mayor Ferre: It's the other way around, Mr. Plummer. Under a contract
if you don't have it in, then obviously, it's precluded. I mean,
otherwise, you know, we'd have to spell out everything. The fact that
it is not in here means that the contract does not cover it.And you
don't have to go out and say, but we will
Mr. Plummer: You can put in here the company will act as manager at no
fee...at no cost. That doesn't... that's not a whole lot of words.
Mr. Fosmoen: I don't have a problem with that, Commissioner.
Mr. Plummer: Well then, okay.
Mr. Fosmoen: Legally it's a mute point. But I don't have a problem
putting it in.
Mayor Ferre: But you know, it doesn't mean anything by adding it because
as long as. it doesn't say that there is a fee, then obviously, there
isn't a fee.
Mr. Plummer: Like my good learned man whose hustle is not finance says,
black and white don't lie. Mr. Fosmoen, and I'm sorry to jump around
like this but you throw these papers at me the morning of the thing and
then I have to look them over. I'm concerned in the area of their upfront
money of one hundred thousand dollars. Item number six.
Mayor Ferre: J. L, I don't want to get into an argument with you -but I
just don't want to let that last statement go by unchallenged. I just
want to say that this management agreement, with the exceptions of the
few things outlined this morning, you've had before you for one year..
don't want you saying that you've had this before you since this, morning.
This particular, Mr. Fosmoen, page twelve, article nine, is that
substantially different from what we had a year ago?
Mr. Fosmoen: No, there is no change, Commissioner.
Mayor Ferre: Has Mr. Plummer had a copy of that available to him for a year?
Mr. Fosmoen: Yes, sir.
Mayor Ferre: I just don't want the statement to go unchallenged, that's
all.
Mr. Plummer: Mr. Mayor, the statement will be challenged by Mr. Plummer.
I might recall to you, the history and the posture of this Commission.
And I think it was your lead who brought about that every item in this
thing was to be subjected to the scrutiny of the Waterfront Board aid.
they had the full right of changing each and every item.
Mayor Ferro: I have...they don't that right, we have that right.
Mr.. Plummer.: They had the .right to recommend to us to recommend
All right, sir.
Mayor Ferro: I've got no problems...
Mr. Plummer: There are a lot of items that are changed.
Mayor Ferre: Mr. Plummer, I've got no problems with your going over
word by word. I'm not challenging that right of yours to do so. You
have that right. What I am .challenging is the statement that you said,
that this contract that was thrown to me this morning. And what I am
saying is that that is not.a factual statement.` There are Some changes
in this new document but most of tie questions that you have asked about,
specifically page twelve, article nine, is not a change. And therefore,
you've had that particular wording and that particular argument for the
36
ist
NOV 261979
piss. year on top of your desk,
Mr. Plummer: You might recall, Mr. Mayor, that's not my problem with
item nine. I didn't say that it was changec. I said, I find problem
with the fact that it is not inclusive with the wording that. says,
"at no fee to the City". I didn't say that.
Mayor Ferre: I understand that and I also understand that last year you
voted against this. I've got no problem with that. You've got the right
to vote against it, you've got the right to question every single word,
and you've got the right to go page by page, so lets go ahead and do it.
Mr. Plummer: Well Mr. Mayor, I'm not...I'm just raising questions as they
come to mind here. Do I understand item six?
Mr. Fosmoen: In that same page, Commissioner?
Mr. Plummer: Page three of the supp...is that in case there is an additional
above the hundred thousand?
Mr. Fosmoen: That's correct.
Mr. Plummer: In other words...
Mr. Fosmoen: No, I'm sorry. It's fifty thousand to get to permitting if
there is an additional fifty thousand, it will be advanced from bond
proceeds and repaid at five thousand dollars a year plus interest.
Mr. Plummer: So that's not spelled out in the contract? Why?
Mr. Fosmoen: Well, let me see
Mr. Plummer: So they are not putting up one hundred thousand, they are
putting up fifty.
Mr. Fosmoen: I'm sorry. It is no longer that second...that parend language
is no longer part of the contract, Commissioner.
Mr. Plummer: Which one?
Mr. Fosmoen: That parened language on page three here, about fifty thousand
plus fifty. It is no longer a part of the contract. They are required
to put up one hundred thousand dollars.
Mr. Plummer: So what you are saying is, that this here given to me this
morning is not correct.
Mr. Fosmoen: Commissioner, it was dated 12-12-78. It was a document that
we were working from in December.
Mr. Plummer: I understand that, but obviously you gave it to us this
morning for a reason.
Mr. Fosmoen: That's correct, Commissioner,
line is not correct..
Mr. Plummer: There is presently three hundred and sixty slips in
Dinner Key?
Mr. Fosmoen: About three hundred and seventy.
Mr. Plummer: Three seventy, so thirty...this would be the addition o
one hundred and eighty new slips.:
Mr. Fosmoen: Approximately.
Mr. Plummer: Plus two hundred moorings.
37
Mr. Fosmoen: Yes.
Mr. Plummer: And...well, I'll wind up with my final question of the
morning because I obviously will have...you're only asking that this
be adopted in principle today.
Mr. Fosmoen: In principle, Commissioner, so we.can'get it typed finally,
get it signed by the parties and begin to prepare the necessary amendments
to Ordinance 50 to implement the contract.
Mr. Plummer Okay. My final question, what guarantee does the City
have that the four and one half million dollars will, in fact, provide
the one hundred and eight new slips, bringing to a maximum of five -fifty,
the moorings are not that expensive so I'm not really concerned about
that.' But what guarantee is written into this contractthat for four
and one half million dollars we are going to get a maximum five hundred
and fifty slips?
Mr. Fosmoen: I don't have a guarantee in the contract, Commissioner.
And there is no way that we can guarantee that;at this point because we
have to prepare detailed drawings and go through the permitting process.
We estimate, based on the knowledge that we have of permitting and of
construction costs, that this will be adequate.
Mr. Plummer: Based on December of 78 or "79"?
Mr. Fosmoen:, It is on February of "79", was the last time this document
was before the Commission.
Mayor Ferre;
Which means it has to be updated obviously.
Mr. Fosmoen: It will have to be updated, Commissioner.
Mayor. Ferre: Is this
project whether it be
Mr. Fosmoen: It's a
to follow to prepare
it's all we have in h
any different from any other procedure on anyother
a sewer, or a street, or a park, or a stadium?
preliminary budget. And until we have a procedure
detailed plans and specifications and permitting,
and.
Mayor Ferre: I would assume that the year that we wasted on this whole
process has probably cost us one half a million dollars. And I would
assume that just on a minimum basis that you can increase this by
half a million dollars. Which means that obviously the users are going
to have to pay for it. Obviously. The longer we wait, the longer
we stall, the more it's going to cost, the more it is going to. cost the
higher the fees are going to be. If we had gone about this last year,
we would have saved a half a million dollars.
Mr. Plummer: For the record, that delay was not incurred by anything
that Plummer did.
Mayor Ferre: Or anybody•else...
Mr. Plummer: I just want that on the record.
Mayor Ferre: On this Commission. It was just a misunderstanding, in my
opinion, by the general public and the press who used this as a whipping
boy until...yeah, used this as a whipping boy to say, you know, how bad
the City was giving away everybodys rights on the waterfrnnt.And the
fact is, that we are right back where we started anyway. And we're going
to do what we started to do, except that we wasted.a year. ,And I think.
we fortunately have the consent and advice of a very qualified Waterfront
Board, and in addition, I think we've perhaps have, by taking such a long
time and being so very deliberate about it, dotted every "i", crossed
every "t", put every comma in, every parenthesis, looked at every
possible side. And I think that that public exposure perhaps might'be
worth a half a million dollars extra, and we're going to pay for it.
38
Father Gibson: Mr. Mayor, may I ask a question. Mr. Sorg, you all
dealt with this document?
Mr. Sorg: In detail, sir.
Father Gibson: And you all are recommending it to us now. Isn't
that right?
Mr. Sorg: Firmly behind it.
Father Gibson: Okay, I just want to...
Mayor Ferre: Well, not firmly. Seven to one behind it.
Father Gibson: Well the majority of the people said Okay. Of the
committee. And...okay. I just want to make sure because you know,
I happen to be of the guys who still believes if you don't trust a
committee,don't appoint them.
Mayor Ferre: Mr. Sorg, you were one that at one time was not too much.
of a believer. And as I understand it, you went to .California yourself
and saw some of these marinas. Would you very briefly tell this Commission
the difference, and what your general impressions were about the marina.
development in California, and how do we compare.
Mr. Sorg: My•visit was to Los Angeles and about seventy miles south,
I visited about ten marinas in about four days. The majority of those
marinas that were operated by private contractors. In each instance,
the return; to the City was substantial, and the opinion of the tenants
was very positive.
Mr. Plummer: Mr. Sorg, let me make a statement so that you have no
misunderstanding nor anyone else. And I want to recall to some peoples
memory, just in case they forget. It was my motion, I think you will
find that Plummer was the one who instigated of going toa management
contract or private operation of the marinas. All right? I want you
to understand that. I am still solely in favor of the marinas being •
operated by a private ,concern The one statement out of many that the
Mayor that I agree with is that the private sector has'to,make a thing
go. We do not find that, unfortunately, with municipal operations.
Whatever the reasons are I am fully supportive of a situation in which
the marinas are run by private sector, for and in behalf of the City.
I also have a great problem with the City being in competition with
private business. I have a big problem with that. And I have a big
problem with the thinking that says because it is City owned it should
be less money, which gives the private people just untold amount of
difficulty to compete with a city who doesn't pay taxes, who doesn't
have to show a profit margin. All I am doing this morning, hopefully,
• is to get for the City of Miami, number one, a document which within
our reason leaves no misunderstanding. And number two, paramount, that
the City operates a first class facility. And finally, the bottom line.
That the City is affordeda return to its coffers, something within keeping
the best deal that we can make for the City. I have no problems with
raising these questions. I have no problems spelling out, so that there
are no questions in the future. There will be some regardless`of how
much we try to refine a contract. But I want, upfront, these questions
raised. I want these questions resolved, and then I think we have reached
a point of going into a final contract. I think I have raised some
questions here this morning that demand answers. Demand answers. Because
as far as I'm concerned, the wording is too loose, it is not definitive,
and I think that the latitudes that the City should have for exercising
its right of control is positively mandatory that we do such. Now, I've
got a lot more questions...
Mayor Ferre: Go ahead.
Mr. Plummer: And I'm going to reserve that right, so I don't take up
the Commissions time, to put them in writing. And I want answers, and
39
NOV 1979
I'm going to demand answers. You know, we look as I did when I sat on
the Tax Revision Commission. I don't think it's a fair return to the
City for one cent on a gallon of gasoline when you see the skyrocketing
pricing of gasoline. At whose expense are all of the equipment necessary
to put in the facilities for gasoline? Is that coming from the, bonding?
It is not spelled out. You know, I want all of these answers and I think
I'm...not I am entitled to them, I think the people of this City are
entitled to those answers so that we know in the future where we are
going. And I have no problem with raising these questions.
Mayor Ferre: All right, and I think those are all valid points, Mr. Plummer.
Are there any further questions at this time, from members of the Commission?
This is not a public hearing. I don't mind...Mr. Roth, if you want to
make a brief statement into the record to avoid your coming back this
afternoon, but the public section will be this afternoon. So if I
recognize you, I'm sure there are going to be twenty other people that are
going to want to speak and...will you be back? Otherwise, I'd be'happy to
recognize you at this time. All right, thank you very much.
18. DISCUSSION OF CITY POLICY CLARIFYING CITIZEN PARTICIPATION
GUIDELINES (SEE AGENDA ITEM 33)
Mayor Ferre: We are now on item number "B" on discussion of the
City Policy clarifying citizens participation guidelines. All right,
we are now on item "B", Mr. Manager.
Mr. Grassier Mr. Mayor, and members of the City Commission, item "B"-
is"here for discussion. If you concur with the discussion, we're going
to ask you under item thirty-three later on in your agenda, to approve
a resolution which indicates what your policy is What this discussion
seeks to do is to establish a City Commission policy, on this question of
support for citizen groups. I would like to ask Dena Spillman to review
the policy with you.
Ms. Dena Spillman: Mayor, and Commissioners. As you recall,"in the
spring of 1979, you passed guidelines for citizen participation in the
City of Miami. As part of those guidelines, it was decided that the
operation and'administration of the program and projects will be the
responsibility of City administration staff What we are asking you today
is to reconfirm this policy, as opposed to providing funding to each
individual board for office space, utilities, staff, which has come up
in recent meetings.
Mayor Ferre: Well why does it need reaffirmation?
Ms. Spillman: I just wanted to clarify the issue with .you because we
passed these guidelines rather quickly and I wanted you to be aware of
what was in them.
Mayor Ferre: 1 see. All right, we don't need a vote at this point. Is
that correct?
Ms. Spillman: No, I believe it's item number thirty-three.
Mr. Plummer: Well...
Mayor Ferre: It will be item thirty-three this afternoon. Is there
further discussion on item "B"?
40
NOV 2 61979
ist.
t
tdr. Grassie: Yeah, I don't have the impression, Mr. Mayor,
that the
City Commission has the full impact of what we are suggesting
you.
Mayor Ferre: Well, let me see if we do or we don't. What in effect
has happened is, that one, the Presidentof the Little
eedavarahimanCom unitoty..••
I mean, CD area has demanded, and his board has app
office space in the Little Havana Community Center. He wants a paid
secretary and staff, and he wants
oeta le eftoefunction
asrifnhe were
an authority or a -body. The question,to be a volunteer program made up
City of Miami...whether this is going
of citizens participation, or in effect, are we going to create another
pressure group, another body politic, to set themselves up as a mini
commission. And if you will recall my stataements,
ound we herdoeare not
wantheiae anymore
bossisms or czars. And that the only czars
members that serve here. And if somebody wants to be a czar, they can
do like Mr. Carollo did, and that is run LittlerHavanaeCDnaread ndidAnd so just inhfactore,
it happens that the President of the run for office and didn't dinetwo yearsfhe and wintto thisbtimeczallowthdoes
he can come here and run again
that...do you think we understand the issue?
Mr. Plummer: Is there a difference between the word czar and dictator?
(LAUGHTER)
Mayor Ferrer. We have five czars right here• And
deif czar,ifhthe
unnam d
President of the Little Havana CD area wants to
it
himself to the public again and see if he can be elected. Do we understand
the issue now?
Mr. Plummer: Well, Mr. Mayor...
Mr. Grassie I think it's very useful, Mr. Mayor, to have that statement
on the record. That's exactly what we are talking about.
Mayor Ferrer Is there anything else on that item?
Mr. Plummer The only problem I have, Dena, you know, this Commission
is constantly faced with the people of the CD areas coming here and
saying the staff is running the ow and the staff tells us what we can
do, and what we can't do. I think
Mayor Ferrer Like following the U.S. Constitution,the Constitution
of the State of Florida
Mr. Plummer: Yes, the guidelines of the Charter and other miscelleanous
things. Look, I think you can go along way, and this statement here, if
you made it clear. According to the guidelines, the operation and
administration of the program are a responsibility of the City's staff.
A City 'Planner, Community Involvement Specialist are assigned towork
in the target areas. I think if you prefaced that paragraph by saying
that once the deliberations of the Community Development Board have
been determined, it is then the responsibility for operation and:administration.
Nowhere here in this docterine are you saying that you respect the
right of the board. And I think, you know, that's really what causes
problems. They get the feeling that they're pushed out. No where does
it state here, it says the Community Development Advisory Board, but
it, doesn't state anywhere, as I read this very quickly, that the board
does have an important role to play. And that they shall make the
recommendations of their target area. And that once those have
been established in priority then it is turned over and come in with this
paragraph. And I think you can go a long way of good public relations
to bring it out that these boards do have an important role to play. that
they are an important part of the procedures. But it must be understood
that once that has been done, then the administration and the
implementation is turned over, not under their control any longer, but
turned over to the City staff. This here doesn't give them any
recognition is maybe what I am saying. I think that if you put that
NOV 261979
:41
terminology in there, you'd go a long way towards trying to maybe keep
down some of the problems in the future. I just offered that for what it
is worth.
Mayor Ferre: Okay. Further discussion on item "B"?
19. EMERGENCY ORDINANCE: MAKING APPROPRIATIONS FOR THE DOWNTOWN
DEVELOPMENT AUTHORITY -FISCAL YEAR ENDING SEPTEMBER 30, 1980
Mayor Ferre: We are now on item number one, which is an emergency
ordinance making, appropriations for the DDA. All right, Mr. Kenzie.
Mr. Roy Kenzie: We have passed to members of the Commission, a'copy of
our budget as approved by our board at' their last regular meetin, and
a copy of 'the work program for the Downtown Development Authority for
the next year which is enclosed in the back of the budget. And I'm
prepared to discuss any aspects of the budget.
Mr. Plummer: That's as brief as the conversation?
Mr. Kenzie: I can outline or fill you in as much as you like, Commissioner.
Mr. Plummer: Well, first of all, you know, Mr. Kenzie, I would like to
know, obviously, in my ,estimation, let me preface my remarks. And anything
I say, sir, is not personal with you. Understood? Somebody was not doing
their job if this is brought to us in the form of an emergency ordinance.
Now, it's just that clear. It stands on its face that if this thing
had been done in proper scheduling, this would not be before us as an
emergency Okay? So I want you to keep that in mind next year. That
you don't wait until the 9th of November to bring it before your board.
That you do it in such time scheduling procedures that it can'come before
this Commission not as an emergency. You know, when you use the word
emergency before this Commission, somebody feels you're trying°to hide'
something. Trying to put something over in a hurry and get it hidden.
So, I don't want to see it coming up here next year as an, emergency ordinance.
I think that's wrong. I really do. ,Now, actually one and two`tie'together.
Okay, let me speak to item one first. You made a serious mistake in your
budget. And that was showing that you had money left over from last year.
That just irritates me.' If I took the guidelines' of the Federal government
this year I'd deduct that amount from your operating budget because obviously
you had ninety-four thousand dollars too much las year. And if you don't need
it, then I know of another. place it can be well spent.
Mr. Kenzie: I can answer that very easily.
Mr. Plummer: Oh, I'm sure you can.
Mr. Kenzie: The reason why we have a carry over is that we have to operate
from September until January on our revenues from the past year because we don't
get our first tax check until January...the middle of January. So we're in...
we have to operate on funds which we have not expended between the end of the
fiscal year and the beginning of when we receive our first tax check. We
require that much money to carryover. The Downtown. Development Authority in
its entire history has always had a carryover fund to be able to carry us
over that period so we don't have to borrow ahead. We'd have to go out and
borrow money at a regular rate or go through some process to borrow money to
carry us if we didn't do that.
Mr. Plummer: So in other words, you're saying that the problem of carryovers
are not your problems. They are created by other people.
Mr. Kenzie: No, it's a question of...yes, it's created by when we receive
our tax checks and when we actually start our fiscal year.
42
Mr. Plummer: O.k. On Tree Planting Program, you show a contribution but
you don't break it down. How much of that program is from CD and how
much is from...
Mr. Kenzie: It's 50-50.
Mr. Plummer: It's a 50-50 program.
Mr. Kenzie: Right. Initially it was. set up as 100% from CD and the
Development Authority changed it to 50-50 because we felt that if the
private sector participated in it, they'd have some rights of ownership
and they'd also agree to maintain the trees once they were put in so we
wouldn't have to be obligated to do that. And they'd have some
right of ownership. We felt it was better and we'd get twice as many
trees out of the program.
Mr. Plummer: Have you seen the condition of the shrubbery downtown?
Mr. Kenzie: Yes, I have.
Mr. Plummer: Are you proud of it?
Mr. Kenzie: Not at all.
Mr. Plummer: What are you doing about it?
Mr. Kenzie: Well we...on our particular trees we put in, which is the
only ones that we have responsibility for, the owners who put the trees
agree to maintain them, which they do. The trees that were there before
are trees which are...and shrubbery which are on Flagler Street are
not within our jurisdiction.
Mr. Plummer: So you're just forgetting about them.
Mr. Kenzie: No, not at all. We go out and try to work with the
Parks Department, the Sanitation Director trying to get those things
straightened out.
Mr. Plummer: The River Walk -way.
Mr. Kenzie: Yes, the River Walk -Way funds are substantially reduced
because the Commission transferred funds from the River Walk -Way to
CD...the ETCON Project. The remaining funds of $41,200 is left over
in the'contract to complete the engineering drawings and we have a
contract:with McCarmel Met Calf & Eddy to complete that work
for the River Walk -Way in front of the Conference/Convention Center
which we expanded to include part of the portion in front of the
convention center. And also down to Fort Dallas Park and a portion in
front of Fort Dallas Park. And so the money there is for those 2 pieces.
And that's been a long standing project.
Mr. Plummer: The DDA agreed to come up with, as I' recall, 5% for
People Mover.
Mr. Kenzie: We agreed...
Mr. Plummer: And l only find here...
Mr Kee zLa: That's 3 years from now, Commissioner.
Mr. Plummer: Have you paid that money?
Mr. Kenzie: We will not pay that money unless it's absolutely necessary
as we passed a res...the Board 'passed a resolution at its last meeting
which said that if all other methods of approach to raise private sector funds
for the financing of the private share for the Downtown People Mover,
the DDA would guarantee up to one half of its resources to fund the
private sector share. And by that time we...by projecting our income
43
NOV 2Ei 1979
and tax rate three years from now when that system will require funding,
we can afford to do that, if necessary. We'll have to cut back
substantially...
Mr. Plummer: But you're making no provisions for it now in a
contingency reserve.?
Mr. Kenzie: No, we don't feel we have to because our revenues will be
higher with the new developments that are coming up stream.
Mr. Plummer: Tell me something about $10,000 worth of miscelleanous
account, which tells me nothing.
Mr. Kenzie: That is...that is a contingency funds and other funes
which we would have to expend at the discretion of the board. That's
the...that's just the way the accounting system has for that particular
item...
Mr. Plummer: With the exception of CETA employees, how many full time
employees do you have?
Mr. Kenzie: 14.
Mr. Plummer: You have 14, you show in here a 7% salary increase.
Mr. Kenzie: No, 5%
Mr. Plummer: No, sir. 5% is merit raise.
Mr. Kenzie: Excuse me.
Mr. Plummer: 7% is increase.
Mr. Kenzie: Yes.
Mr. Plummer: Am I right?
Mr. Kenzie: Yes, that's correct.
Mr. Plummer: Why?
Mr. Kenzie: That's a
cost of living increase.
Mr. Plummer: Was that negotiated or is that part of the City's
negotiated contract.
Mr. Kenzie: It follows...we try to follow the same form as the City.
Mr. Plummer; They are actually City employees. Is that correct?
Mr. Kenzie: No, they are employees of the Development Authority.
Mr.. Plummer: These people are not covered by Civil Service?
Mr. Kenzie: No, they are not.
Mr. Plummer: What is your salary?
Mr. Kenzie: 50,000.
Mr. Plummer: How much?
Mr. Kenzie: 50,000.
Mr. Plummer: Plus?
Mr. Kenzie: 50,000
N G'v 2 `' 197
Mr.
Mr.
Mr.
Mr.
Plummer: Is it 50,000 plus?
Kenzie: What do you mean plus?
Plummer:
Kenzie: No, that's it.
Mr. Plummer:
Fringe benefits?
You don't receive any fringe benefits?
Mr. Kenzie: No, I receive a car allowance.
Mr. Plummer: Do you get health insurance?
Mr. Kenzie: Yes.
Mr. Plummer:
Mr Kenzie:
Mr. Plummer:
Mr. Kenzie:
Mr. Plummer:
Mr. Kenzie:
Mayor Ferre:
Mr. Plummer:
Mr. Kenzie: Excuse
Do you get pension?
Yes.
That's not a fringe benefi
O.k. excuse me. Those are additional.
What is your fringe package?
I'm not sure what that is Commissioner. Just a second?
What page are you on, J. L.?
I'm not on any page, I'm just asking questions.
me, fringe benefits are approximately 22%.
Mr. Plummer: So in other words, you represent then roughly $62,000.
Mr. Kenzie: Yes, sir.
Mr. Plummer: And you are proposed then for 12% more increase. Ts. that
correct? 0r are you just getting the 7. Is the 50 including the 7
or ...
Mr. Kenzie: No, that's excluding.
Mr. Plummer: That's excluding.
Mr. Kenzie: Yes..
So the 7% and the 5% will be then put on top of
Mr. Plummer:
that.
Mr. Kenzie: 7% and then the 5% at the discretion of the Board.
Mr. Plummer: But it's built into the budget.
Mr. Kenzie It's put there just in case, yes,sir. For all employees.
Mr. Plummer: Did you learn from Mr. Knox? That's the way Knox does it.
III builds it in .and locks the doors so nobody can back out. So then
wv trake, I2% of 62,000. 12% of 62,000 will be roughly 6...about 6,500
so now wc'ro talking about....your at $69,000. Is that about correct?
Mr. Kenzie: I have not figured it out Commissioner.
Mr. Plummer: It's in the ball park.
Mr. Kenzie: With all the fringe benefits, probably.
MM
Mr. Plummer: Your lowest paid employee?
Mr. Kenzie: The lowest paid employee is 10,500.
Mr. Plummer: That's permanent?
Mr. Kenzie: Yes.
Mr. Plummer: 0.k. Plus fringe?
Mr. Kenzie: Yes, plus 22% fringe.
Mr. Plummer Mr. Grassie, a question to you. With all of the problems
now of CETA, what does,how does it reflect on DDA, if any? How
many...excuse me Mr...
Mr. Kenzie: We have 1.
Mr. Plummer: You only have 1.?
Mr. Kenzie: 1. We cut back on our CETA progrms.
Mr. Plummer: So then you have a total of 15 employees. Is that
correct?
Mr. Kenzie: 14 including the CETA employee.
Mr. Plummer.: Oh, including the CETA. All right.
see that you had 36 employees?
Mr. Kenzie: No, we have...the only other thing that is in addition to
that is there are 10 part-time employees which are University of Miami
students.
Mr. Plummer: Are they CETA or?
Mr. Kenzie: These are students
And where did I
from the University of Miami.
Mr. Plummer: Is this a contract with the University?.
Mr. Kenzie: No, we hire the students as we would hire any employee
on a part time basis. That we are not obligated to pay the overhead
to the University that we would normally, under a contract, would have
to pay.
Mr. Plummer: 0.k. How many square feet have you got up there?
Mr. Kenzie: About 5,000.
Mr. Plummer: 5,000?
Mr. Kenzie: The rate we're paying is $8.00 a square foot in a building
that is now at the base level of 12 to $13.00 a square foot. And we have
a $6.00 allowance. There is no space in that building availabe now for
under $12.00 a square foot.
Mr. Plummer: But you say you have 5,000 square feet
Mr. Kenzie: Yes, sir. Approximately.
Mr. Plummer: Well based upon this you'd be paying over $10.00 a square
foot. $52,464.
Mr. Kenzie: We have about 65, excuse me, total.
Mr. Plummer , 6,500 square feet?
Mr. Kenzie: Yes.
46
NOV 26`1979
Mr. Plummer: Why...let me ask this question. Why aren't you in the
• Olympia Building, which we own? And there would be no rent.
Except as a wash. I mean, that's $50,000 that in my estimation could'
go towards the Olympia Buildings successful operation, which it is not
now. We of course, have the luxurious penthouse of Mr.: Knox up there
on 2 different floors.
Mr. Kenzie: The Board of the Authority after reviewing rents in other
buildings, decided to stay in the building where we already were
located.
Mr. Gibson: The difference is you won't be expending the same money.
Mr. Plummer: Well yes he will, Father, because you'd be paying it to
the Downtown...the what do I want to call it? Off -Street Parking, but
that's us.
Father Gibson: That's what I mean.
Mr. Plummer: That's exactly the point I'm making.
Father Gibson: We're together.
Mr. Plummer: Well I don't know about that but...(LAUGHTER)
Father Gibson: We are together on the questions being asked. We may
not be asking them for the same reason. We are together on the questions
being asked. My reason is, if that building belongs to us and the
building you are in belongs to somebody, and belongs to somebody else...
Mr. Plummer: That's private sector.
Father Gibson: That's what I mean. ...
Mr. Kenzie: The additional thing I might mention in terms of the office
space in both cases, our initial space and the space we added on, is
that we received from the private sector in the first case, $30,000
and in the second case, an additional grant of $40,000 to help pay for
and complete that space.
Father Gibson: (INAUDIBLE) I have problems with this and I'm not
arguing against you. I just want to make sure that everybody knows that.
I hear whats being said and I'm not at all happy. If you have to pay
anywhere, it doesn't make any difference who pays it, maybe that money
can go to something else, since the building belongs to us. That's what
I'm ,saying.
Mr. Kenzie: I would say that our rates are comparable if not lower
than space the City is leasing in other buildings around town where you're
paying...
17
i�79
Father Gibson: My brother, that is not...you missed my point.
concerned about that, that's not my concern.
Mr. Kenzie No, I understand your, point, Commissioner. Your pointis that
if we could take space in the Olympia Building then whey aren't we there'
and the answer is that -the board chose to go into One Biscayne.
Mr. Plummer: Exactly, which proceeds come to us. Well, that's not a good.
answer.
Father Gibson: J. L., since we vote, the budget we need to say that board
what our concerns are. That's whey we have boards-. And you come here now
asking us to approve that budget and I want to make sure you understand
what I'm saying. Where is the Chairman of the Board? Is he here?
Mr. Plummer: Yes, that's the Mayor.
Father Gibson: Mr. Mayor, I hope you hear what I'm
going to vote next year I'm not so sure.
Mayor Ferrer Tell me what your question is.
Father Gibson:, My question is since the City owns the Olympia Building,.
it doesn't make sense that we have to pay the rate of rent we're:paying
if...
Mayor Ferre: But that doesn't affect the DDA.
Mr. Plummer': Sure, it does.
Father Gibson: I don't know why you want me to vote the budget.
Mr. Plummer: Instead of putting it in the Olympia Building.
Mayor Ferre Oh, you mean the offices of the DDA?
Mr. Plummer: Yes, those monies come to
Mayor Terre: Yes, well, let me make just an observation here. We have a lot
of very important investors that have looked at Miami and have been enthused by
it. John Portman is a classic example, John -Portman refused to stay to look
at Miami` for years and years, he said it was:a bad community, there was
no future and that that was his opinion which he's recently. changed. We
have -people like Trammel Crow from Dallas that are coming here, we've ,got.
major development corporations like the Cadillac Fairview Corporation that
are looking to spend millions of dollars in Miami. We've got important
people like the SEFRIAS people who are here on the World Trade Center,major
development corporations. We've got Ted Gould, we've got the people from
London, the Schweir group, from Hong Kong. Now if you are in the business
of development and promoting a downtown area and trying to get,the private
sector to'invest unfortunately, you can't` do it unless you have the
mechanisms and the facilities both audio visual and that impress these,
kind of people. I would say, this is my honest opinion, that without those
fancy offices at the Downtown Development Authority, I would doubt very much
that we would have gotten people like Ted Gould and others -to come down
ui,d look at. Miami.. There is an intangible there, I don't know what it is
trait if you're going to go out fishing for trout, you've got to use a special
.lure and if you're going to go out fishing for cat fish, you've got to use
a special bait. And you've got to know who you're fishing for and you've got
to know how to fish because otherwise,you're missing the boat. Now, I know that
48
am not
saying, because if I'm
it is a big expense to have a fancy office like that and I klnow
withat that it
are some very serious questions about it. getis my backmany many times., ;I have
is a very worthwhile investment which we
myself brought the Secretary:of Housing here. :We have hadthe Secreta tary
of of
Transportation here. We have had the Assistant Secretary of the
Commerce, Secretary Hall here. We wol�onD�.haVe JohnhDyerthe
ofattention
who tous,
with all due respects, and I told this to who wanted the
take them to his office. I said, "John, that's not the place
Secretary of Transportation, we've gomatto ake him to the DDA:Office 3 dimensional. models andryou
we have all the charts and all thePsandthe
can look out the window and see tortantbutbaYland see guaranteeeyourthosea20 minutesVthatu.
im
Now that may not be very P
Secretary Neil GoldsmitellSpent
the
faDt Iare
kno'wworth
that1MoonnLandre1wasJsooim-
this community . I'll you for a
pressed with what we showed him there that the impact of that is that ewill
be getting millions and millions and. millions of dollars and inroyle
opinion, and I may dreaming, but without that kind of an approach humbler
ss
s first class and unless you approach things thinking big
you approach thing-
you're not going to get big dollars down here whether they be from the private
sector or from the government officials.
Mr. Plummer: Obviously he hasn't been in your office.
Mayor Ferre No.
Mr. Plummer: If that isn't a plush facility.
Mayor Ferre: Well, I'm not talking about George'so fait selI'mgt_alking ool and out
the fact that that office of the DDA very
well worth it. Why do the
know it, is a big expense but in my opinion it
Bahamas spend $2,500.000 in advertising a year?
Mr. Plummer: Because "It's better in the Bahamas".
Mayor Ferree. Why
do people, why does Dade County now spend $600,000 in advertis--
ss
i:ng? Because those are the proven waysin tomobileh maybe the1Japanese are doing.
sdone.,'- Now maybe
there is a better way of building an au roach
it better than we are, a,ordoncitknandbut
notlashifkit weresa small�town.apAnd if we
Miami as if it were a m � Y � the OAS to Miami -which is a goal:.-that,we
want to compete, if we, want to bring chWecan't goal
tt we
havethenthink itwe ht ve to building upaahbaseit lforltheeOASytomove from Washington-
- to Miami without first .5
to Miami. We cannot build Interama, those days are gone, Interama was a fai
ure because we tried to build a $300he00Trade Fair ect All aZ once. We are
of the Americas but we'reilding
Interama in. -the. -City of tdiamiwith t it -with .the of -tools that
it one step at a time and we're:doing . That's he kind to f help the hattor
will be, and that's going to help everybody. who will bee
whose business is going to increase and the laboratory People
'get-
ting more laboratory work and it will help the hotels and the taxi industry
and it will. help those people who are involved in the orldbofut tourietswe havetandp-
foreign visitors and .citizens and people becoming citiz
proach it with intelligence and`with a broad :scope, not with a narrow guaged.--
view and not with the attitude that we're
stillbut fa sothermall t town
withingsthat wenllal
attitudes. I'm not saying it just on
be
discussing later on today.
key. Gibson: Mr. Mayer, let me respond. You know I hear what you say and I
u„ckorstail whet you're saying -but I don't:think you all understand what I'm
saying. I have no problem with Mr. Kenzie having the finest office in the
world, that was not what I said. 'I didn't say I have any problem with that, I
want to make sure for the record. I believe in advertising• Andbleteve,inince
looking the part but I think you, all are missing
point.we're here, I want to raise two questions, Mr. Mayor,, because this has never
been addressed and every time I've dealt with it thisCommission votes this
budget every year and this Commission goes on record around here saying certain
things and we'd better start livingup'to what we're saying. How many black
people on your staff?
Mr. Kenzie: Two, sir.
49
NOV 2 3 1979
4
Rev. Gibson: Make sure you aren't telling me the same thing. When I went
there when Ted Gould was involved, you know what? You know the situation'
now, has it changed?
Mr. Kenzie: Since you mentioned it and brought up the point we. have hired
two people, one,an accountant,to keep track of all of our bookkeeping and a
trade specialist working on our World Trade Center Grant, both are black and
we have one additional hiree who is working for our World Trade Project who
will be black as well. And the board expressed....
Mayor Ferre: Just for the record so we don't get, tell us how many Latins
you have and tell us....
Rev. i Gbson• Well they had Latins there when I went there. Look, Mr Mayor,
I want to make sure everybody understands I don't get in that minority jazz,
I want to know how many blacks because I understand fully and I'm not, angry
with anybody.I just want to make sure everybody understands my point. When
I went there I saw the woman; who was cleaning up around there was the only
person on that staff,and that's been less than a year. Okay, so put it on the
record and tell us.
Mr. Kenzie: She has left us because she was a CETA employee, she was trained
by us, left us and got a job and we hired two more.
Mayor Ferre: The answer as I heard is you have two
employees, is that correct?
Mr. Kenzie: Right.
Mayor Ferre: All right, now my question, please, because 'I am worried about
the rest and so are you. I would like to know how many women.
Mr. Kenzie: We have three.
Mayor Ferre: And how many Latins?
Mr. Kenzie: Five.
Mayor Ferre: So you have two blacks, five -Latins and three women though I'm sure
some of the women are either black or Latin.
Mr.Kenzie: Right, Latin.-
Rev: Gibson: I hope the policy, I want to make sure everybody understands this,
when you all come here to vote these budgets from here on in I want to know
what about minority participation, to use the general term, and then I want you
to put on that, form "B" meaning black and then I want you.to put on there "L"
meaning Latin or whatever else you want to put on there for Latins. Okay? But
for me I want "B" meaning black. Okay? Because I've been shortchanged all -this
time and I don't plan to be shortchanged no more and any longer. And Mr.':Mayor,
you need to know this, I was amazed and shocked at the Affirmative Action of.
this City, and you go down to the Downtown Development Authority for whatever
your part is and there wasn't a single black there other than cleaning'up the
floor. Shoot, man, you know you all have been telling me all my,life get qual
ified and then when I get qualified not as doggone soul wants to hire any black
folk. Okay? Just make sure if you want that vote.
out of thirteen permanent
Mr. Plummer: Mr: Kenzie, you speak in your budget of five new staff yet all the
rest of the City is being forced to cut. Is this five on top of the fifteen or
does that include the fifteen?
Mr. Kenzie: No, that includes.
Mr. Plummer: You're going from ten to fifteen.
Mr.. Kenzie: Right.
Mr. Plummer: Why doesn't the DDA take advantage of the City's legal, department
rather than paying $5,000....
Mr. Kenzie: We do use the City's legal department, that is for extra legal
help on special issues,and it's $5,000:
Mr. Plummer: All right, it doesn't say that here unfortunately. Who does your:
printing?
50
NOV 2 1979
Mr. Kenzie: We have a minority firm in the building that does - this is
Xerox printing - and we go out for bid on all other items.
Mr. Plummer: I'm a City Commissioner and I have to
facilities. I'm told that it is cheaper, why don't
Mr. Kenzie: We do at times and we don't at times,
required for the things that we need to get.
Mr. Plummer: Well, if it is speed you're looking for you'll never get it out
of the City, rest assured of that. I want you to understand, Mr. Kenzie, I
want to get into the other point in just a minute. I want you to understand
that I think some questions have been raised here today and I hope_ that the
Clerk will make available copies for the consideration of the DDA members
that next year we're not going to accept this budget as it is presented. First
of all I think this Commission is going to require more in depth on this
budget, better delineation that the word miscellaneous is not acceptable and
that miscellaneous will be spelled out and I think that your department, to
me it is not acceptable when.I question the cost of the DDA to say, "Well, we
get it from Federal grants, it's not City money well let me tell you something,
that Federal money is no different than City money, it's mine,'I pay it, I'm
a taxpayer and this business of just because it's Federal money it spends dif-
ferently and freer and things of that nature I for one am not going to be in
a posture of accepting just because "Well, it's Federal money, we don't have
to worry about it". I think that these budgets have to have better scrutiny,
I think that you have got to be put under the same restrictions that the rest,`
of the City are even though you're not directly related to the City and maybe
that's a problem we need to address in the future. For example, I see your
insurance cost raised 50% and I think that's wrong, I think that you should be
able to take advantage of the City's insurance whether it is by addendum or
what because I think you could get out a hell of a lot cheaper than you are
right now but you're taking the elective of independency and it's costing us
money. I'm just saying to you that these questions I feel need to be raised,
I will continue to pursue them and as I have said to you in the past I will
say to you in the future I think that the DDA presently cries out for total
revamping and we will, address that 1 hope in the next item on the agenda to
start that revamping because..I think it is dearly dearly needed for the pos-
ture that it should assume and the posture that it needs to get accomplished
what it needs.
use the City printing
you use it?
it depends on the speed.
Mr. Lacasa: The only thing I want to add is my warmest congratulations to
the DDA for the work that you people have been doing in helping downtown Miami
to be redeveloped. 1 feel very strongly that the future of this City lies on
the redevelopment of downtown Miami and as far as I'm concerned I have seen
the kind of work that you have done and you have my full support.
Mayor Ferre: All right, is there a motion on Item 1?
Mr. Lacasa: Move it.
Mayor Ferrer, All right, it has been moved, is there a second?
Mr. Plummer: I'll second it, Mr. Mayor, and here again, I want Mr. -Kenzie as
I said from the beginning, I don't want this to reflect on your personally,
sir, my comments, I too have to be proud of the work that is going on in the
downtown area and that which is attributable directly to the DDA, it's not all
but a great deal of it is and I think that you should continue,I guess really
what I am saying, congratulations for what you've done but I'm looking for a.
hell of a lot more.
Mayor Ferre: All right, further discussion?
Rev. Gibson: I heard you say, Mr. Kenzie, about those plants, do you mean to
tell me you don't have a concern about all the plants in downtown Miami' or:don`-t
we have a concern?
Mr. Kenzie: The. City has a concern and We try to work with the City to main-
tain the plants downtown. Any plants that we put in ourselves,we insure the:
mlintenance of them through contracts with the private sector who are paying for
half of the plants that are put in.
Rev. Gibson: Mr. Mayor, ]et me raise this. It would appear to me that if we
have plants in downtown Miami the same concern ought to be expressed for all
the plants since we're trying to sell Miami and this may not be to you, sir,
but. ..
51
44"
NOV 2 " 1979
Mayor Ferre: That's the point.
Rev. Gibson: The policy ought to be that the plants in downtown
of us, neither the department.....al over. You see, what is
happening is you have your own shop, the City has it's own shop,
tion that. Mr. Mayor,.you know that bothers me.
Mayor Ferre: Father, I think you've got a valid point but you're maybe,address-
ing it to the wrong person. We have.streets in downtown Miami but the DDA, for
example, has no responsibility for the streets. We have sewers but they have
no responsibility. They really don't have a responsibility, with a staff of
13 permanent employees to maintain the plants and the green life in downtown
Miami, that really is the City's Parks Department, isn't it? Is it Parks, Mr.
Manager?
Mr. Grassie: The plants which are basically in planters along Flagler which
may be the`ones that you're talking about are maintained by the Public Works
Department.
Mayor Ferre: Well, I think the point is this, whether they're in planters or
what have you the green area on public streets belongs to the City of,Miami
and the Public Works Department has the responsibility to maintain them. Is
that correct? I think Commissioner Plummer and Commissioner Gibson's admoni-
tions and concerns about the quality of those plants -is something that we
should be concerned about and would you come back with a report from the Public
Works Department as to what we're doing to maintain them? Mr. Manager?
Mr. Grassie: Yes?
Mayor Ferre: Do you need a. resolution to that
Mr. Grassie: No.
Mayor Ferre: Further discussion?
Mr. Caroll.o: Pir. Mayor,'i it I may, I'd just like to make a statement for the
record that I also agree with`Commissioner Plummer that federal money is not
money from heaven and we should handle it accordingly. I would also like to
say for the record that I strongly support Father Gibson's concern, his just:
concerns for the hiring of more blacks into the City.
Miami upon all
Mayor Ferre: All right, further statements?
Thereupon the City Attorney read the ordinance
Mr. Plummer: For the record, the copies
they're not available to the public.
Mayor Ferre: No, don't say that because
ance, J. L.
Mr. Plummer: Just for the record.
Read the ordinance.
then that makes it an illegal ordin-
Mayor-Terre: The budget is before us and the emergency ordinance,as revised,
is right before us too, is that correct?
Mr. Plummer: Show it to me.
Mayor Ferre: Would you please pass it around. See, you know the moment he
makes that statement into the record it makes the whole thing illegal.
Mr. Plummer: Is this it?
Mr. Grassie: Yes.
Mr. Plummer: It''s no different than what he was passing out?
Mr. Knox: No, that was Item 2.
Mr. Plummer: This is item 2, oh, I'm sorry, I withdraw. On the
record I
stored corrected that we do have copies of Item 1, it is Item 2 that I have a
problem with.
Mayor Ferre: And the members of the public have available to them copies o
the ordinance that has just been read.
52
Nov 2 ^ 1979
Mr. Plummer: My comments
Mayor Ferre: Well, we're
Item 1? Call the roll on
AN ORDINANCE ENTITLED
were directed towards Item 2.
on Item 1 now. Is there further discussion on
Item 1.
AN EMERGENCY ORDINANCE MAKING APPROPRIATIONS FOR THE
DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI
FOR THE FISCAL YEAR.ENDING SEPTEMBER 30, 1980; AUTHOR-
IZING THE DIRECTOR OF THE DOWNTOWN DEVELOPMENT
AUTHORITY TO INVITE OR ADVERTISE OR BIDSR FOR RE THE
PURCHASE OF ANY MATERIAL, EQUIP
EMBRACED IN THE SAID APPROPRIATIONS FOR WHICH FORMAL,
BIDDING MAY BE REQUIRED; PROVIDING THAT'THIS ORDINANCE.
SHALL BE SUPPLEMENTAL AND IN ADDITION TO THE ORDINANCE
MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 1980 FOR THE OPERATION OF THE CITY OF
MIAMI, FLORIDA; PROVIDING THAT IF ANY SECTION, CLAUSE
OR SUBSECTION SHALL BE DECLARED UNCONSTITUTIONAL, IT
SHALL NOT AFFECT THE REMAINING PROVISIONS OF THIS
Was introduced by. Commissioner Lacasa and seconded by Commissioner Plummer,
for adoption as an emergency mewhich was agreedsure and stogbylthetfollowingevote-nt of read-
ing same on two separate days,
AYES: Mr. Lacasa, Rev. Gibson,Mr. Carollo, Mr. Plummer and Mayor Ferre.
Whereupon the Commission on motion of Commissioner
follLacasaowing vand d-seconded by
Commissioner Plummer, adopted said ordinance by t
he AYES: Rev. Gibson, Mr.• Carollo, Mr. Lacasa and Mayor Ferre.
NOES: Mr. Plummer*
SAID ORDINANCE WAS DESIGNATED ORDINANCE Na. 9022.
The City Attorney read the ordinance into te theiputyblic
Comrecord and ion and announcpublic.
ed
that copies were available to the members
of
*ON ROLL CALL:
Mr Plummer: I vote no, I don't think it is an emergency
53
NOV 2 S 1979
23.A11END CHAPTER 13 OF THE CODE -EXPAND DDA BOARD mor 7 TO 15 MEMBERS
Mayor Ferre: All right, we're now on Item #2. Item #2 as revised which has
been put before you, that's just the legal language, basically increases the
size of the Authority from 7 to 11. Do you want to add anything else to that,
Mr. Kenzie?
Mr. Kenzie: No, sir.
Mayor Ferre Was this a recommendation of the DDA?
Mr. Kenzie: This is a recommendation from the Downtown Development Authority
Board to the City Commission to expand the membership by 4 so that it could be
more representative of the people that we're serving in the downtown area.
Mayor Ferre: Plus I think the other part of it is that the City, the downtown
area has obviously grown and I think a board of 7 of which 3 members are public
members, in other words we've got a member from the Cabinet, we've got a mem-
ber from Dade County and a member from the. City means that there are 4 public
members and I think the thought was that we needed more than 4 public' members.
Mr. Plummer: Mr. Mayor, let me tell you what I've got a problem with, all''
right? Mr. Kenzie, you came from Atlanta, you were chosen because you headed
up a very fine counterpart; whatever the name is of DDA, correct?
Mr. Kenzie: Right, well it's a different kind of being but it is a downtown
private sector group.
Mr. Plummer: The final bottom line is to achieve the
there.
same here that you achieved
Mayor Ferre: It's more like the Chamber Downtown Action Committee.
Mr. Plummer: How many members of that board?
Mr. Kenzie: About'45 members of the board and.an'executive committee of 6 which
the board of directors met once a year at breakfast and the operations of the
central Atlanta progress was really run by 6 people.
Mr. Plummer: All right. Now, increasing it 4 members I think is not sufficcient.
I'm not trying to set a figure but let me tell you something, :the thing
that bothers me the most is that it is not spelled out in here that the. Down-
town merchants be represented. Now; if you tell me that all four of these new
members are going to be chosen from a list of the downtown merchants I can may-
be live with the four but at this time as the Mayor has just brought out four
of the seven are mandatory and I just feel that the whole success is dependent
upon the downtown merchants,, you don't have that many residents down there,
people living there. Now, I want representation on that board from the mer-
chants. There is no guarantee at this time that, in fact, the merchants will
be represented and until it is built in I will not vote for it You've got to
have some provision of the people involved to be on that board. ,I would prefer
to go to more than 13, I would prefer to go to 20 or 25.'To.me it is the old
story the more people you've got involved, involved because they want to be
involved, a better job will be done. The Orange Bowl Committee is not: six or
eight people, the reason they have the large committee is to get the involve-
went and I think that the DDA is in dire need of that involvement because I am
firmly convinced that when you get the merchants, the people that are in that
downtown day to day you're going to see some new direction in the DDA and that
is what I'm looking for. Now, I assume this came to us as a recommendation
from the DDA, is that correct?
Mr. Kenzie: Yes, it is.
Mr. Plummer: That's to increase from how many?
Mr. Kenzie: 7 to 11.
Mr. Plummer: All right, I would like to take it to 15, I'll go with 15 but I
want it provided in there that 5 of those new members shall be taken and
54
NOV 2 r 1979
selected from a list proffered by the downtown merchants.
Mayor Ferre: Mr. Plummer, I have a problem with that, let me explain to
you, I've been ,wrestling with this for years and years. Let me tell you
what the problem is. I don't think that this Commission should tie itself
or future Commissions in deciding who should or should not be on that, and
I don't mean to get into racial things but I think you have to point it out.
• There are not too many black downtown merchants. The moment you start putting
that kind of constraint you're going to start limiting the flexibility
of the DDA and the. Commission in the selection process. The other aspect
of it is this: I had a discussion with one of; the presidents`of one of
the major stores, in fact, I've had that discussion twice with the previous
president of another store and with the existing president of one of the
major three downtown stores and there are no Burdines seats, there are no
Richards seats, there are no Jordan Marsh seats, there are no Sears Roebuck
seats on the DDA and I don't want people to get into the rut of thinking that
the large stores have a right to have a seat on the DDA, that the large banks
have a right to have a seat on the DDA, that the Flagler Street Merchants
have a right to have it, that's up to the Commission and that's up to the. DDA
because those are the rules that we're playing by. I would respectfully sug-
gest to you that we leave that in the hands of the process., It is my opinion
that if we go to 15 which I think is a little bit high, I would rather go to
13 but I'11'go with 15 if that's the will of the majority, if that is the con-
sensus of the majority I will vote for the 15. But, J. L..
Mr. Plummer: But we appoint the DDA.
Mayor Ferre: No, sir, the DDA appoints itself and then we confirm it, always..
Mr. Plummer: Well, if we don't confirm?
Mr. 'Kenzie: It goes back to the board for resubmission.
Mayor Ferre: Then they have to reappoint but we don't have the.....
Mr. Plummer: Here again it cries out for reform.
Mayor Ferre: Yes, but J. L., you see that's the same way that the Off -Street
Parking Authority functions. That's the same way....
Mr. Plummer: You know I've got no problem with that, Mr. Mayor. As long as
I hold final control I've got no problem with that.
Mayor Ferre: Well, the way you hold final control is in two ways.
Mr. Plummer: Yes, budget.
Mayor Ferre¢ You control the budget number one and number.
can veto it and you can veto all of them.
Mr. Plummer: Maurice, look, I have no problem understand, if we put five from
the merchants, okay? and s?e put four mandatory
Malyor Ferre: Are you going to put five from the banks?
Mr. Plummer: No, the merchants are banks; they are
profit motivated. Then that gives you six other seats in which you can fill....
Mayor Ferre: I've got no problem except that I don't want one group.....see, we
have a merchants group now, if you're saying that they are going to select five
from which we choose from I have a problem with that because that merchants'
group has just been three years old, the previous one was defunct and ended up
being controlled by the wrong kind of people, I'm sorry, and it was a mess.
Now the new one is a good one, well thank God, maybe it will be good for the.
next five years or ten or hopefully a hundred years but suppose five years from.
now it goes down the drain the way the other one did.
Mr. Plummer: Then we change the 'rule again.
Mayor Ferre: I just don't think that we ought to be making laws like that. I
think that laws are always best when they are as general,...and let the Commis-
sion make that decision on a one time basis.
Mr. Plummer: We still hold the final approval, Maurice.
i5
if you don't like scmebody you,
NOV 2 6 1979,
Mayor Ferre: Them do it that way, pass a desolation instructing the DDA that
you would expect that five out of the fifteen would be merchants, that's fine.
I've got no problem with that.
Mr. Plummer: I've got no problem with that.
Mayor Ferre: But don't put it into the ordinance itself..
Mr. Plummer: Encompassed in the DDA area.
Mayor Ferre: Make it as a separate Resolution.
Mr. Plummer: I'll approve number 2 subject to the change of 15 -from 11 and.
make that in the form of a motion.
Mayor Ferre: 'wait a moment, now we have a motion ,;let me get a second and then we'll
discuss it. Is there a second?
Mr. Lacasa: Second.
Mayor Ferre: Now under discussion, Father Gibson, you wanted to say something?
Rev. Gibson: J. L., well we aren't going -to deal with that now,`I think maybe
the Mayor is right, I don't think you ought to say it ought to be merchants...
Mayor Ferre: Or bankers..
or
Rev. Gibson: Let's get 15 and then we could deal with it after we get the
number 15.
Mayor Ferre: All right, do you have anything else you want to say? Mr. Carollo
do you have any additions?' Mr. Plummer? All right, your turn.
Mr. Kenzie: Before the Commission -'could take action to enlarge the number of
seats beyond what the board had recommended I would have to, take that back to
the Board of Directors first and then come back to.the Commission with the
changes.
Mr. Plummer: Would you do that, and tell them how much we love them?
Mayor Ferre: Well, I think that's all right, but are you saying, I don't think
we can wait, we've been delaying this for a year now and with all due respects,
Mr. Knox, tell me the law in this. The Commission is the final" authority on,
this, they recommended.11. If we increase it to 15 this Commission has'that
authority doesn't it?
Mr. Knox:> Legislatively yes, sir-, but we; will check it out but it appears
that the DDA is: -situated similar to the Civil Service Board, for example, and`.
the pension board where the recommendation must come from the board. We can
check it out..
Mr. Plummer: Fine, now we'll go back, to Item
budget.
Mayor Ferre: Now, J. L., let's not do that because we've got other ways o
doing the.same thing.
Mr. Plummer:
I tried to do it in a nice easy manner.
Mayor Ferro: And you have done it in a nice easy manner and I'm sure. the DDA
wi I I hi:r rusf>onsible and responsive.
Mr. I'lununur: Only by virtue`of it'-s great, great
leader.
Mayor Ferre: All right, there is a motion on Item 2,and it, has been seconded,
is there further discussion as revised? Read the ordinance on First Reading.
We will have the opportunity on second reading to have the input, we will not
have a second reading at this time but only a First Reading and in 30 days.I
would hope that the DDA would come back with their recommendation. Is that
all right, Mr. Kenzie? •
Mr. Kenzie: Yes.
Mayor Ferre: Okay, read the Ordinance.
Mr. Knox: And reading it by title only. we will indicate that the membership will
be increased from 7 to 15 and between first and second readings we will make
the changes in the body of the ordinan
NOV 261979
A.
B.
Mayor Ferre: Read the Ordinance.
Thereupon the City Attorney read the ordinance into the record.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CHAPTER 13 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, ENTITLED:. "DOWNTOWN'DEVELOPMENT", BY
AMENDING ARTICLE II THEREOF, ENTITLED: "DOWNTOWN DEVELOP
MENT AUTHORITY", BY AMENDING SUBSECTIONS (1) AND (3), OF
SECTION 13-6 OF SAID ARTICLE TO PROVIDE FOR AN INCREASE
IN THE MEMBERSHIP OF THE DOWNTOWN DEVELOPMENT BOARD FROM
SEVEN TO FIFTEEN MEMBERS AND THE STAGGERING OF THE TERMS
OF OFFICE OF SAID MEMBERS; CONTAINING A REPEALER PROVISSION
AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner Lacasa
and passed on its first reading by title by the"following vote
AYES: Commissioner Joe Carollo
Commissioner. Armando Lacasa
Commissioner (Rev.) Theodore Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice Ferre
NOES: None.
The City Attorney read the ordinance into the public record and announced `.
that copies were available to the members of the city commission and to the public.
Mayor Ferre: All right, take up Item 5.
Mr. Plummer: Wait a minute, what is the second part of that motion now?
Mayor Ferre: Now you go ahead and make your motion, Mr.Plummer. This is not
an ordinance but a resolution advising the DDA that it is the policy of this
City Commission that at least a third should be from the merchant: class or....
Mr. Plummer: Let me come back with a motion this afternoon, I don't really....
Mayor Ferre: Okay.
WHEREUPON the City Commission RECESSED AT 12:00 Noon and
reconvened at 2:15 P.M. with all members found to be
present.
21. PROCLAMATIONS, PLAQUES AND SPECIAL ITEMS
PRESENTATION
PRESENTATION
C. PRESENTATION
PRESENTATION
PRESENTATIONS
Presentation of Key to the City of Miami to the Honorable Consul
General of the Republic of Korea, Mr. Bok Hyung Lee
Presentation of a Procalamation declaring November 26th as
Pat Skubish Day in the City of Miami.
Presentation of a Scroll of Friendship to Mr. Luis C. Tejeda,
Regional Manager of Dominican de Aviacion, for his untiring
efforts on behalf of establishing a closer relationship between
the Dominican Republic and the City of Miami.
Presentation to Mayor Ferre of a bust of Simon Bolivar. Making
the presentation are the Honorable Consul of the Republic of
Venezuela, Enrique Aranguren; Dr. Marcos Paris de Gallego,
Director of Protocol of Venezuela; and Arch. Manuel Silveira.
57
NOV 2 8 1979
22. DISCUSSION -RECOMMENDING LUNCHEON IN HONOR OF THE CONSULAR CORP
DISCUSSION -PROCLAMATION FOR TESTIMONIAL DINNER-MR.BILL KLEIN
CITY OF I•IOPE
Mr. Plummer: Mr. Mayor, if I could, I would like to ask you and the
other members of the Commission for...really not favors but, I think that
this Commission should recognize, and appropriately so, here in these
Chambers, that Mr. Roberto Garcia, the Consulate of Columbia, has just
been named as the President of the Consular Corp for Miami. And I think
it would be only right that we bring him here and honor him as such.
Mayor Ferre: Is he here today?
Mr. Plummer: No, sir. But I think we should prepare the appropriate
and invite him here.
Mayor Ferre: I'll tell you how I would like to do that, with your
concurrence. We have not had a luncheon for the Consular Corp in the
City,of Miami in at least four, maybe five years. The last one that
the City of Miami had was at the Green Dolphin Restaurant. As 1 recall,
the year was 1974..That's five years. Now, we've been crying poor mouth
on that, but we can spend ten thousand dollars to have the Caribbean
Conference and twenty-five thousand dollars to, have a film festival,
and "x" number of thousands of dollars for all kinds of neighborhood
fairs, and Calle Ocho and the Coconut Grove Bahamian Festival and so on.
I think we can certainly afford to have one luncheon for the Consular
Corp. And I think...
Mr. Plummer: Mr. Mayor, I would, of course, without question endorse
your proposal, with the significance being given, of course, that we honor
that man who has been chosen as President this particular year.
Mayor Ferre: I think it's important that we also invite the former
president...I mean Dean of the Consular Corp, who was Dean for seventeen
years and who was the Consul of Nicaragua for seventeen years, that we...
that the occassion be the welcoming of our new Dean of the Consular Corp,
but that we also honor the former Dean and that we have it as a very
special luncheon affair for the full Consular Corp. And we'd like...
Mr. Plummer: Mr. Mayor...thank you. The second one, Mr. Bill Klein,
well known to most of us on the Commission with Florida Powe and Light
will be honored in January at a Dinner Testimonal for the City of Hope.
I would hope this Commission would see fit in p resenting a proclamation
and having it through your office, ordered for that occasion. And'I would
ask that in the form' of a request..
Mayor Ferre: Okay. Yes, sir. You've got it. You've got them both.
23. FIRST READING ORDIIIANCE: REPEALING SECTION 50-79 OF THE CITY
CODE, AND SUBSTITUTING A NEW SECTION ENTITLED "MIAMARINA
DOCKAGE RATES"
Mayor Ferre: All right, now: We are back to the afternoon session. We
have some morning things that we still haven't cleared up. Mr. Carollo,
58
NOV 26 1979
are you ready to vote on item number five now?
Mr. Carollo: Yes, I am, Mayor.
Mayor Ferrer All right, is there any discussion on item number five?
Is there a motion? That was to bring...
Mr. Lacasa: I move it.
Mayor Ferre: Is there a second?
Mr. Plummer: Second.
Mayor Ferre: Further discussion on item five? Call the roll.
AN ORDINANCE ENTITLED-
AN,ORDINANCE REPEALING SECTION 50-79 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED., ENTITLED
"MIAMARINA", AND SUBSTITUTING THEREFORE A NEW
SECTION 50-79 ENTITLED "MIAMARINA DOCKAGE RATES";
PROVIDING GUIDELINES FOR THE ANNUAL COMPUTATION
AND ASSESSMENT OF DOCKAGE RATES AT MIAMARINA;
PROVIDING FOR THE RECOMPUTATION OF DOCKAGE RATES.
AT OTHER TIMES FOR A SPECIFIED REASON; DEFINING
THE VARIOUS CLASSIFICATIONS OF BERTHS TO.BE USED IN
THE ASSESSMENT OF DOCKAGE RATES; CONTAINING:A
REPEALER PROVISION AND A SEVERABILITY CLAUSE
Was introduced by Commissioner Lacasa,and seconded by Commissioner
Plummer and passed on its first reading by title by the following vote:
AYES:
NOES: None
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A.,,-Ferre
DEFERRAL OF CONSIDERATION OF ISSUANCE OF A DEVELOPMENT ORDER
24. FOR EXPANSION OF THE PORT OF MIAMI, ETC.
Mayor Ferre: Take up item fourteen. Authorizing the issuance of a
development order, the expansion of the Port of Miami, a Development
Regional Impact. City Manager recommends.
Mr. Plummer: Who is the applicant?
Mr. Grassie: Mr. Reid will introduce this, Mr. Mayor.
Mr. Plummer: Who is the applicant?
Mr. Grassier The Port of Miami.
Mr. Plummer: .Are they present?
Mr. Grassie: Yes, sir.
59
Mr. Jim Reid: Mr. Mayor, members of the City Commission, Jim Reid,
Planning Department. Today we have before us the expansion of the Port
of Miami to basically to expand. to Lummus and Sams Island. The action
before the Commission is the approval of a development order. We want
to review the project with you briefly, and tlien have the Port of Miami
describe the project in more detail. And then after that description,
describe the specific things that the City is asking for in terms of the
development order. The conditions that want to attach to the approval
of this development. Basically, the development order was filed in
July. South Florida Regional Planning Commission had approved it on
September, and you by resolution on September 13th set this hearing
date. The project is very important to the tourism trade and commerce
in terms of the future of both the City and the region. And it proposes
in four phases to double the existing facility so that...and the total
cost of this expansion is two hundred and twenty-three million to be
financed by Port Revenue Bonds. It's really a response to the phenomenal
growth of the Port. And a build out, the program that they are talking
about, will generate a place where thirty-four thousand people are
employeed and it generates about four billion dollars a year in terms
of the Dade County economy.. What we'd like to do again, is turn this
over to the Port, Carmen Lunetta, who is the Director of the Sea Port
Department is here. He is accompanied by Louis Ajamil who
is the principal planner on this project for Post, Buckley, & Jernigani.
And they are going to describe the project to you in
more detail and I'm going to come back with the City's request for
modifications that would be incorporated in the development order.
Mr. Carmen Lunetta: Thank you, Jim. Mayor Ferre, Commissioners, we
are glad to have this opportunity today to review with you, the City
Commission, the approved expansion plan. It was approved by the
Dade County Commissioners in the early part of this year, and received
acceptance from the Florida Regional Planning Council early in September.
Our presentation today will touch a little bit on the past, show you the
present; and then go a little bit more into depth in the future. Giving
the presentation...the first part which will in fact touch on the past
and the present of the Port will be given by myself;. And`I have with
me today the Project Manager, form Post, Buckely & Jernigan,
and Louis Ajamil, who will in fact give you the
analysis, and projections, and the development of the update of the "79".
master plan. So we can have the lights now. We'll go right into our
presentation. Okay. The first two slides before you today is the old
Port of Miami which served this community for a goodly number of years,
and today is known as the Bicentennial Park. And as you can see from'
these photographs, that the Port of Miami was a congested Port. in the late
50's and the early "60's". And the wisdom of the community leaders at'
that time, was to in fact, start looking ahead to develop their Port.
To expand to the projections that were shown throughout the community of
the potential...this community growth in international trade. A feasibility.
and development study was made in 1957 and 59 by the consultant firm
of David Vorker and Associates. And this development plan showed that
the expansion of the Port should in fact, move to a series 'of spoil
island known as Dodge Island. This was not the first time that the
community looked in this direction. In 1925...
Mayor Ferrer Mr. Lunetta, let me interrupt you.`- I just want to make a
comment. Look at that beautiful Watson Island to the right there which
is really a haven for birds, full of foilage and vegatation. Right?
Mr. Lunetta:LummuS Island looks good in.fron of it too, Mr. Mayor.
Any rate, the wisdom at the time, was in fact, that the expansion of
the Port, for the beginning anyway, which -is known as. Development Program
"A", and for the future expansion as...would be required as we went on
with the growth of. the Port, was to use Dodge Island. And what we are
looking at: here right now is the completion of Development "A" -Program.
It war; done for some twenty-two million dollars. Which in fact replaced,
mostly in like kind, the facilities that"were at the old Port but gave us
the ability and flexability to develop at least for the next ten to fifteen,
to twenty years, as was envisioned by the master planners. It gave us
roughly three hundred acres. It had some eleven thousand linear"feet
of bulkhead. A railroad of ten thousand right at dockside. A highway
60
ist
NO V 2 ^ 1979
dredged up to thirty-six feet around the cruise terminals. Okay.
Again, in 1969 with the growth that was taking place in our community,
particularly in the international trade, in the Caribbean, arid Central -
South America, it was very evident that the plan for expansion of Dodge
Island was going to. be short lived and that we should look ahead for the
next twenty-five years and plan to accomodate the growth that was seen
and envisioned at that time. Again, the master plan...the toaster planners
envisioned the development to be in five -five year phases amounting to
sixty-three million dollars, which was in-"69" dollars. Of which 'County
funds would be forty-six million dollars and some eighteen, nineteen million
dollars which would be Federal funds.
Mayor Ferre: Mr. Lunetta, does that include the dredging?
Mr. Lunetta: Yes, it does, Mr. Mayor. It includes the dredging that
in fact we had, which took us to thirty-six feet with the Federal'
project which was some nineteen million dollars, with the local
participation being somewhere around three million
Mayor Ferre: Is that completed, other than the bend?
Mr. Lunetta: That's correct.
Mayor Ferre: Other than the bend that still remains to be done.
Mr. Lunetta: Right. From the outer buoy, some one and three quarter
miles off the shoreline, all the way into the turning basin is thirty-six.
We have forty outside. In the bounce zone you normally have three to four
feet in addition to what you channgels...
Mayor Ferre: I didn't hear that. How many feet?
Mr. Lunetta: ..Outside. This would be outside the -breakwaters, you have
fourty to fourty-two feet. This is called the bounce zone This is
where you have your wave action out there. So to assure thirty-six
feet you normally have four to five additional feet of dredging to handle
the ships coming through the channel. Okay? Here again on the right hand
side, you're looking' at the Port of Miami which is about in 1973 or.1974:
Now, part of the twenty-five year master plan was to take a look ahead
in both terms of cruise and cargo. .Okay? And what you're seeing on
the draft in yellow, was the actual statistics recorded in 1969 where
in fact, four hundred and.eighty-nine.thousand passengers were processed'
through the Port of Miami. The master -planners invisoned the green
curve that, you see, which in fact, said that by calender year 1995 the
Port of Miami could expect to handle one million three hundred 'and eighty-five
thousand passengers. Lets take, a look and see what actually happened during
the period of 1969 to date. In 1976 alone, in the bicentennial 'year,
one million passengers went through the Port of Miami. In this fiscal
year, "78-79", the Port of Miami 'closed with one million three hundred and
twenty-eight thousand passengers. Some eighteen years ahead of the
projected schedule. Now, the significance of what one million three hundred
thousand passengers means, second to the Port of Miami would be New York,
who in fact, this year handled three hundred thousand passengers.. Port.
Everglades would be third, who handled some two hundred. and fifty.thousand
passengers. So you can see that the Port of Miami has not only in terms
of nationally taken the prominence of being the cruise capital of the country,
it today has a distinct pleasure of being the cruise capital of the world.
The photograph that you are seeing on the right, in fact, shows ten. cruise
ships in the Port of Miami which is a typical Saturday at the Portof Miami
when some twelve to fourteen thousand people are processed on those
cruise days.
Mayor Ferre: Mr. Lunetta, let me interrupt, you again and ask you, how many
cruise ships do we have based in Miami now?
Mr. Lunetta: Okay. We have the sessional cruise ships and then we go into
our spring and summer. This, winter we will have twenty-four ships which is...
Mayor Ferre: Twenty-four.
61
NOV 2G1979
Mr. Lunetta: Twenty-four, which is one third of the worlds fleet.
Mayor Ferre: Of the world fleet?
Mr. Lunetta: That's correct.
Mayor Ferre: That's amazing.
Mr. Lunetta: And as you know, recently we won the S.S. France into Miami`
which will start plying out of. Miami sometime. inJune.
Mayor Ferre: Where will. the France be berthed? Where will -the France.'
be berthed? What space?
Mr. Lunetta: Okay, it will take up two passenger terminals. The S.S.
France is one thousand fifty seven feet long, eleven stories high, 'end
it handles two thousand.passengers. So we will use paasenger terminals
number one,.and<passenger terminal number two and. will be processing:
one thousand passengers in each of the terminals.
Mayor Ferre:.And the bend will be ready by then?
Mr. Lunetta: Yes.
Mayor Ferre: So that the France will.`..how about the turning basin?
Mr. Lunetta; Okay. The dredging of the conditions to meet the requirements,
to bring the France into our harbor because_of the forty-five degree
dog leg we have in our harbor, outside, the -dredging has been underway
for two months and will be completed in February. We just recently'...
Mayor Ferre: Where is that dredge?
Mr. Lunetta: Completed simulated test in Copenhagen which, in fact,
verify what we substantiated, the additional dredging, to make our harbor
a safe harbor for the France. And here again, it will be completed sometime
in February. Okay? On the cargo side now, the same thing. The 1969
Master Plan, the actual statistics recorded in 1969 was slightly over
seven hundred thousand tons and the projections by the master planners
envisoned that by calender year 1995, we could expect one and one half
million tons of cargo. The photograph you're looking at on your right,
is a photograph of the Port in 1969. It will be interesting to note
in the next photograph what actually happened from 1969 to the close of
this fiscal year. And you're looking at the Port on the right hand
photograph, which is a recent shot, the growth has been nothing but a
straight up phenomenal growth. In 1973 alone, a fifty-three percent
growth factor was accomplished as the Port of Miami. And this year,
we closed at two million, four hundred thousand tons of cargo, which
had a dollar value of some three billion dollars.
Mayor Ferre: Two million, four hundred?
Mr. Lunetta:* Two million, four hundred thousand dollars of high dollar
general cargo.
Mayor. Ferre: Compare that to Port Everglades, including bulk and excluding'
bulk.
Mr. Lunetta: Okay.. At Port Everglades, some twelve million tons of
cargo is handled. Of which eleven million, six hundred...or seven
hundred thousand' is petroleum or, cement product. And they handle
approximately two and one half to three hundred thousand tons of general
cargo. Which is about ten percent of what. the Port is handling.` Liking`
this to New Orleans, who is probably our major competitor, ,in serving;
the areas that we are serving, Guatemala, Ecuador, Venezula, and the
Caribbean. New Orleans, which is ranked second.in the nation as far as
ports, handles approximately five million tons of general cargo'. So
62 Nov 261979
1st
we are doing aboutfifty percent of what New Orleans is doing, on about
two percent of the area that New Orleans does.
Mayor Ferre: Are we doing them...excuse me, but I think this is very.
germain. Are...does that put us ahead of Jacksonville and Tampa? .I doubt
it.
Mr. Lunette: Absolutely. In dollar value of cargo moved through our Port,
we are number one in the State.
Mayor Ferre: You're talking about other than bulk?
Mr. Lunetta: Other...including...
Mayor Ferre: Other than bulk shipments.
Mr. Lunetta: Including the bulk in the other ports.
Mayor Ferre: Including the phosphate that leaves Tampa Port?.
Mr. Lunetta: Including the bulk...including the phosphate, including
the automobiles that are driven in and out of Jacksonville, the Port of
Miami leads the State in dollar value and, in fact, was ranked twevelth
in custom duties paid in the country last year, which is some ten positions
ahead of our other major ports...deep water ports; in the State of Florida.
Mayor Ferre: That's unbelievable.
Mr. Lunetta: Okay. Here again, the fiscal year''78-79", the Port of Miami
closed out at two point four million tons. All right, what does this mean?`
Okay, in terms of economic benefit to our community, obviously, it means
money, wages, dollars, and jobs. We break down our economic impact in.
three area. One is government expenditures in the community; the other
is the dollars...direct dollars from the cruise industry, and indirect
dollars from the cargo industry. And very briefly this year, we estimated
that we have generated just slightly under one billion dollars of economic
impact to this community. Okay. In terms of looking at ourselves here
in early "78", we had approximately twenty-five acres of land unused on
Dodge Island., So again, we looked"at the most obvious area of expansion
for the Port of Miami and we: reflected back to the "69" Plaster Plan, and
looked ahead to` Loomis Island.' And Loomis• Island is shown -on the photograph
on the right. Okay. At that time, we hired the firm of Post, Buckely,
and'Jurnegan. And I will turn this over now to Luis Ajamil
to brief us on their completion of the Feasibility Study, the updating o
the 1979 Master Plan and the look ahead forthe next twenty years.
Mayor Ferre: I certainly hope that Post-Buckley,is going to be
accurate in their predictions than your predecessors..
Mr. Luis Ajamil: They were good predictions at the time. Well, with
that background in mind, we basically started formally about October
of last year to look ahead and.to be able to plan out a new port expansion
program which in this day and age had to be a little bit different than
the 1969 plan, since it must respond to all the very critical enviornmental
issues that any construction in Biscayne Bay must have. It's quite a
different picture from 1969 to -today., And of course, we had to reflect
on the economic conditions and what was really happening, not to the Port,
but to the community in general, in becoming the, gateway to the Americas,`.
and therefore, reflect on'the growth of the Port. I'd like to take you
very briefly then through our projections which are becoming true
since 1968 and even exceeding a little,bit more. Okay. Back again to the
double picture of the Port. The Port handles two industries, as you can
tell, cruise and cargo. And they basically about half and half of the
.revenue of the Port. It is essential for_the Port to handle both
industries. The projection which we have for passengers is for the Port
to almost quadruple to four. million passengers by the year "2000". Limiting
factor here being the availability of ships as the dines can bring them
in. It almost seems like the market, or the people that are coming ,to
visit to take these cruises is unlimited as only very speficic elements
of the United States have been tapped for the cruise industry. And the
NOV 2 1979
63
i _t
limiting factor, right now, is finding the ships. And that's why you
are getting into the older ships, like the S.S. Norway coming here, and
most of the cruise lines have ordered one or two new cruise ships.. And
it's quite likely that the fleet will double in five Years. Looking
at the cargo side, it's a dramatic curve of an increase from the
present, or back then when we did the slide, two million tons, or one
point nine million tons for fifteen point six million tons of cargo
through the port. It's an eight fold increase, and of course, reflects
the economic conditions of Miami as serving the Latin American -Caribbean
trade zone. Now...
Mayor Ferre: Wait....wait, because I don't quite understand the magnatitude...
are you telling me that by the year "2000" you expect the Port of Miami
to be doing more than the Port of New York is doing in the year 1979?
Mr. Ajamil: Yes.
Mayor Ferre: How much is the Port of New York doing now, Mr. Lunette?
Mr Lunetta: Okay, the Port of New York closed out last year at roughly
one hundred and ninety-five million tons of cargo. Okay. Total.
And, with Port Elizabeth, as you know, which is the largest container
port in the country, some thirteen hundred acres along. Okay. Now,
New Olreans is second in total tonnage of about one hundred and seventy
five million tons. Now, compared to our western counterparts...Euorpean
counterparts, Rotterdam, as you know, does an excess of three hundred
million tons a year which is one million tons a day. In the LeHavre
and in Rotterdam it is about the same. Okay?
Mayor Ferre: Okay. I just wanted to get it in proportion. In other
words, what you are saying is that the fifteen million tons that we
plan to do at the end of the century is not that staggering a figure.
I mean, it's a reasonable assumption.
Mr. Ajamil: But considering that we do not handle break bulk it
is a very staggering figure as basically we would.be serving the entire
Caribbean with the goods.
Mayor Ferre: Yeah, but we're talking about fifteen million tons. Rotterdam
does three hundred million tons, right now. But that..
Mr. Ajamil: But that includes the petrolium bulk produets, you know,
cement, phosphates, that type of situation. Where here, the Port of
Miami is all general cargo. Okay. What's going'to allow us to. be able
to handle this amount of cargo through the Port is the containerazation
of the cargo, as you've been seeing more, more and more. Where in fact,
out of the sixteen million tons, on the slide on the left hand side, the
Orange and blue represent the container cargo that is going to go through
the Port of Miami. One is the roll-on roll -off type cargo where is a
tailer, the other one is a container, as you see on the slide, which is
picked up at the Port and then placed on wheels and then rolled off. It
is a little'more efficient on'the ship. This will basically allow us
to utilize the land a little more efficiently by stacking the cargo and
so forth, and being able to move the cargo through the Port a lot faster.
Not having to store it at the Port, and therefore, ye won't need eight
times the space to handle eight times the cargo which is a critical point
in terms of development in Biscayne Bay. Okay. With that background
in mind, we went at the task of finding the plan that could satisfy the
requirements of this age and this community to provide an expanded Port
expansion. The first task that we did, of course, is develop data.
We've been developing data now for about two years. Hiredprobably
the best and the most proficient experts in their field, in marine
and ter.restial habitat and enviornment, hydrographics, air quality,
and all of the...water quality, and all of the elements that are critical
in Biscayne Bay. The second. thing that we did is that.all of the agencies
and ;°►11 of the eniornmen+,al groups that are in town and have been
participating actively on other projects, we brought them in from day one.
And they provide some siginificant imput on the Port Expansion Program
from the first day, as to how the. Port should be looked at, what kind
of criteria should be done, and whether or not the Port should be expanded.
it
64
NOV 2 6 1979
To the detail, of we developed a mathematical model in the computer
simulating Biscayne Bay so that we could plot the different alternatives
and figure out how the flushing, or the water circulation in Biscayne
Bay would result from the different expansion alternatives. That is
one of the critical issues. The slide on the left just represents a little
bit of the sea grass communities, and mapping, the very detailed mapping
that we went in. On the right, of course, represents the areas of
expansion that we looked at. To the south and to the east.Obviously,
we couldn't to the West because it is downtown Miami, and to the North
because of the McArthuer Causeway . The final analysis...in'the final
analysis, the result was to develop in the same direction as the 1969
plan was, towardsLummus Island, but with certain major modifications in
order to make a more efficient land and berthing space. I'd. like to take
you then, through the plan as it is before you for approval. We are
looking at a four phase expansion plan which would be a continuous program.
Phase I, would be the completion of a new South Channel from Government
Cut that would allow all the ships now, instead of coming through the
East side of Dodge Island to come in directly, where Belcher is at, or
Fischer. Island, and just to come on down through the South side of the
Port. That would open the entire South side for shipping. And that
amount of material then would be used to fill in Lummus Island This is
a forty point four million dollar phase with the contruction of some
berths and some office buildings. Phase II, which would basically be
a continuation, would then provide the completion of the South Channel
all the way towards the Miamarina and the joining...the physical joining
of the two islands. Where then you would end up with one continuous
island.
Mayor Ferre: How would you join it? You mean.
Mr. Ajamil: Fill in. Completely fill in the two.
Mayor Ferre: So there would be no bridges in between?
Mr. Ajamil: No. The "69" Plan considered a solid causeway but in our
analysis, it showed that we needa balance between land and berthing space
soit was necessary to...rather.than have slips in there, just to fill them
in and use them as land.
Mayor Ferre: And you don't have any problem with hydrolic action and
all that flushing and tide?
Mr. Ajamil: No, because we are creating a new side channel that's
bringing a lot of water into'the south part of the bay. The net result
of the hydrographics, or the water circulation is that it will improve.
Biscayne Bay because it will create...it will add an additional fourteen
percent flow to the south of the port and twelve percent to the north
of the Port. One of the things then, that would allow the port to do
is that, the original Master Plan, and the concept that we are still
going by is that the eastern end of the port will be used for cargo,
the western end, or the one towards mainland downtown Miami, will be used
for passengers. That will allow them the south side of the'Port near
Miamarina to be developed into more passenger terminals, doubling the
capacity of the passenger terminals. Phase III, which will basically •
he just a completion of the project.as the funds become available through
Seaport Revenue Funds...Bonds, is to develop additional berthing space,
additional equipment, and additional terminals to serve both the cargo
and passenger industry. This will be acost of sixty-two point three
million dollars. And finally, Phase IV, or the completion of the
project would create the final berthing and parking. structures and other
necessary amenities for the plan to work. The program would then be
completed with a phase IV cost of eight point nine million dollars.
Mayor Ferre: How much?
Mr. Ajamil: Okay. The total cost, two hundred point three million dollars...
Two hundred and thirty point three million dollars. -Almost a quarter
of a billion dollars at todays cost. That does not include inflation because
it becomes very staggering. The entire program will be financed thourgh
Seaport REvenue Bonds which would be supported through the cargo and
65 • NOV 2 6 1979
i ; t. •
the cruise industry that utilize the port. And there is a rendering of
what the port would look like. Okay. With this closing, I'd like to
turn over to Carmen to finish up the presentation. ,
Mr. Lunetta: Okay. In terms of the expansion as we just now outlined
it to you, the impact that we see on the local community by calender year
"2000" will be in excess of four billion dollars. We see an increase of
jobs from twelve thousand to roughly thirty-five thousand. More
importantly, we think this is probably the most exciting part of our
community today. One, the Miami Free Trade Zone coming on line,
which they have something like eighty-five percent to ninety percent
of their facilities, under their Phase I, now being occupied and functioning,
but more importantly, I think we have, without any doubt in our mind,
established ourselves as the gateway of the Americas. Okay? 'I think
a few significant points that ought to be made here at this point, I think,
on our City and our community becoming.the Gateway to the Americas, would
be obviously the Trade Fair of the Americas, that is held by this
Commission each and every year. We have seen substantial amount of cargo
come through our port by the virtue of this Trade Fair being held. in.
our City. The Free Trade Zone, we have fourteen edge act banks in our
community today. We have eighty multi -international companies that
are presently housed in our area, and the one, and 1 think..the probably
the biggest deterimental drawback we've had at the Port of Miami has been
actually turning away business from this community. I think we are
two years behind this expansion program. If in fact, you've been following
this scenerio that we've been playing out here, it seems like every
decade, we in term have to look at ourselves again and access our
evaluation of what we are going to be our what we are going to look like
in the next twenty years. Again, I mentioned earlier the S.S. France which
we landed here. The S. S. France, just to give you a business point of
view on this is like...
Mayor Ferrer Are you finished with the...
Mr. Lunetta: Okay. The accomplishment of the S. S. France coming to the
Miami area is likened bringing a twenty-five million business to this
community. The two thousand passengers that will be embarking and barking
every Sunday at the Port of Miami is the light clean type industry that.
we are running all over the country looking for.' We have a tremendous
amount of opportunities in our own backyard. The Airport, which is today
become the second international airport only to New York in terms of
international passengers
ist
NOV 231979
and everybody coming up from the south, Venezuela,
Guatemala, Honduras, must come through our airport. This opportunity has
given us the advantage of greeting and meeting a lot of these people and to
plan with these developing nations. And as they are surging and purging
their economies I think we feel the impact of it immediately and I think that
this expansion program particularly in phase I is the key for us to be able
to accomodate that growth which we see in the next decade or so. So I strong-
ly urge this Commission today to vote very favorable on this key issue involv-
ing the expansion of the program for our community and for a community port.
Thank you.
Mayor Ferre: All right, Mr. Reid.
Mr. Reid: Yes, just quickly, Mr. Mayor and members -of the Commission, what
we would like to do is just review the conditions that we are suggesting be
attached to the Development Order as a result of City review and to review
the conditions that South Florida Regional Planning Commission had suggested
be attached and we've incorporated in the development order for your approval.
The development order request has been approved.by the Planning Advisory Board
after a public hearing on November,7th, it has been recommended to you for
approval by the City Planning Department. Expansion is consistent with the.
Miami Comprehensive Neighborhood Plan. Basically we think that the port and
their consultants have done a commendable job on the environmental analysis..
The one remaining area that we think needs,attention is the impact of the
port expansion on downtown traffic. In other words how do you mesh the cruise
passengers coming in and the cargo delivery to the port so that it serves
in a way that allows our downtown to function in terms of downtown growth and
expansion. So we have suggested that the port agree to and pay for an alter-
native analysis which deals with this important transportation question and
within a year would come back with a full schedule of improvements to'be paid
for if necessary by the Seaport themselves to do two things really, to make
the truck traffic connections to 836 and to cross Biscayne Boulevard and our
park land in a sensitive way Those are the two issues we're concerned about.
In addition to that we're suggesting that a full fire service facility be.put.
on the port so that the fire serving capacity can be there and that's a sug-
gestion from the Miami. Fire Department. Southern Bell has a small problem
with their cable lines that the port has agreed to deal with because they were
part of our review process we incorporated, that in the development order and
we suggested that they replat and rezone the area subsequent to approval of
this development order. We picked up eight conditions from soutn Florida
very quickly that related to water quality, the ecology, the archeological
findings, air quality, mangroves and sea grass mitigation....
Mayor Ferrer What do you mean archeological findings,'that's a spoil island?
Mr. Reid: Well, it is possible in terms of this request the South Florida
requested a magnetometer survey to determine if there were -old cut glasses
or ships that had been sunk there and so forth. This has already been done
so it is unlikely that this would take result but that's one base that they
want to cover. The mitigation plan for the sea grasses, the requirement that.
the expansion would indeed be financed. by revenue bonds so there wouldn't be
a general obligation on the general public of the City or the County; to pro-
mote public transit, energy conservation, use of native plant species, ade-
quate drainage and to minimize air pollution and wind emission during con
struction so that the neighbors wouldn't be adversely affected.- So basically
we're mandating four conditions on our own, the most important of it being
related to traffic and we're incorporating eight conditions for the South
Florida Regional Planning Commission and we recommend your approval of the
development order.
Mayor Ferre: A11 right. I'll recognize you in a moment, Mx. Fannatto,
need to see if there are any questions from members of the Commission of
either Mr. Lenetta, Mr. Reid or the Post Buckley firm.
67
NOV 2 6 1979
Mr. Lacasa: I have a question for Mr. Grassie, here and that is this plan
is contingent to a successful negotiation with the County as far as exchang-
ing property. That belongs to the County and that is the City of Miami for,'
this piece of property....
Mayor Ferre: You can't do it that way. You can't approve things
Mr. Lacasa: No, I don't mean that we're going to approve this contingent
to, what I mean is for the County to implement the expansion of the port
they do have to get this piece of land first and this piece of land is the
subject of a negotation between us, the City of Miami and the County. How
are those negotiations at this particular point?
Mr. Grassie: Negotations have proceeded quite far down the road, Commis-
sioner, we have basic agreement at the staff level, the County is recording
that agreement, is writing it down and we're to get that draft back to us.
They have not done that but I understand that it is supposed to come to us
yet this week. Now after that, after we agree on the draft, of course, the
County Commission would have to agree.So those steps still need to be ac-
complished. That is we still have to get the final draft from the County
and the County Commission would have to agree before we would bring it to
you to,see whether you would agree.
Mr. Lacasa: In other words, if we approve this now and then Lhe negotiations
are not successful actually there is no way that anyone can implement this.:
So I think that what we should do is this in reverse. What we should do is
to get our exchange first and then to approve this package and give them the
permission as far as zoning is concerned, etc. to proceed with the project
because if we do proceed at this particular point and we haven't had a negot-
iation finalized then there is no way that they can implement this.
(Unidentified speaker): The process that we're going through is part of a longer
process through the South Florida Regional Planning Council which, in fact,
the application was before them and they made the unanimous approval, it
goes before you for your approval, it now has to go back to the Planning
Council so it is a very long and tedious process and the two should run
concurrently. At the same time as Mr. Reid said we're still contingent on
the Zoning and the zoning will be a right that belongs to the, land and that
we cannot come before you until the land swap is completed, the land deal is
completed. So this has to go to another body for approval and that's why it
needs to proceed all of the other actions then we'll be coming back for the
land agreement and finally for the zoning agreement with the City.
Mayor Ferre: All right; Father Gibson has a question.
Rev. Gibson: Sir, I would like it so much better, experience has taught me
never to put the cart before the horse. I know how you feel, I know what
you're saying and I can appreciate that. But you know, I don't know how many
of you that serve on this Commission remember when we turned over literally
stock and barrell all of our business. How long you been here, sir? How
long have you been in Miami?
(Unidentified Speaker): Nineteen years.
S
Rev. Gibson: Well, I've been here 64. Okay? So you know I'm three times at
least, you know. I want to make sure everybody understands. There is an
awful danger -of us giving you right now. I would rather send you away with
my blessing but with not a commitment. You see,,at that point in time you
know everybody gets religion in a hurry. Do you understand.what•I'm saying?
Mayor Ferre: Let's be very specific. I think what Father Gibson and if I'm
not mistaken Rrmando Lacasa are saying is that it is a question of a chicken
and egg or a cart and a horse and I think what we need to do is you need to
tell Mr. Steirheim who is your boss or at least is your associate. You do
report to Steirheim don't you?
(Unidentified Speaker): Yes, I do.
Mayor Ferre: Why don't you tell your boss that perhaps he'd better tell his.
other associates to hurry up on things that they're doing and that might
expedite things over here. We have our next meeting on December--- It
might before that, we may have it on the 6th or after.
Mr. Lacasa: Let me clarify this, Carmen. I am all for this, I mean I don't
have the slightest doubt that this is a very reasonable situation, I am all
for this but what we want to assure is that we get out peace before....
68 NOV 2 61979
Mr. Lunetta: Let me just for a moment give you the negative impact your
decision could have there. I'd rather you make a decision with some con-
tingents upon it. Okay? Because.what you're doing, obviously there's no
way in this world that we can turn a shovel on Lummus Island if you own it.
There is no way....
Mr. Plummer; You learn quickly.
Mayor Ferre: Well, I'm not sure that that's right.
Mr. Lunetta: There is no way the Corps of Engineers or DUR can give us a
permit until we own the' land. Now, the unfortunate part is when this returns
back to the. South. Florida Regional Planning Council there is then a time clock
that starts again and if, in fact, this is delayed because within a certain
period of time you must respond then we will lose in effect 120 days. 120
days today believe me is a very significant factor in this port expansion.
Mayor Ferrer Well, Mr. Lunetta, let me put it to you this way. I've heard
my two colleagues, my vision is a little bit different from what I've heard.
I agree with their philosophy and their premise 100%. Now if the Manager,
and you tell me that we have enough muscle left or enough force to be able to, -
what we don't want to do is give up our negotiating stand and have, I'm not
saying that you would do that because I know you wouldn't and I'm positive
that Merritt Steirheim wouldn't but there are a lot of other people that work
for Merritt Steirheim that have not been -traditionally very kind, generous
or considerate of the City of Miami and if it ends up in their hands they
will, they seem to get a great deal of glee out of making the City, and let
me very specific on the record so we don't have any problems or no, perhaps
I shouldn't be specific. I think.... I think that.they're aware, I'm sure
Mr. Steirheim knows of some of the trials and tribulations that the City
of Miami goes through and the bureaucratic process of Metropolitan Dade
County. Let me put it in general terms It seems to take us a little bit
longer than usual to get things done. .It seems that the City's ideas and
projects somehow don't quite agree with a lot of the things that Metro-
politan Dade County has. And I would like to ask on the record one question
before we get the opinions of the againers. But_I would like to know how
come Lummus island is not part of the Biscayne Acquatic Preserve and how
did you get away from being classified there, just on the record? I know
the answer, I just want to hear it on the record.
Mr. Lunetta: All right, well, we are in the Biscayne Acquatic Preserve and
if, in fact, you read the Florida Statutes you will notice that in the begin-
ning of the Statute it addresses itself specifically to ports in the preserve.
Now that's the basis from which our application was founded and then we go
on from that point. Okay?
Mayor Ferrer. You mean to say that you're going to have to go through the
same harangue that the City of Miami is going to have to go through on Wat-
son Island?
Mr Lunetta: Well, ;I can't address myself to Watson Island because....
Mayor Ferrer 'Lummus Island'is going to have to go through the same process...
Mr. Lunetta: But the statute very specifically addresses ports in the statute.
Mayor Ferrer Well, let me tell you what I think the answer is. The answer
is that the Florida Cabinet has as yet not written the rules and regulations
for the Acquatic Preserve and it is probably the intention of the Cabinet to
specifically exclude Lummus Island from being - the upland part of Lummus Is-
land from being part of the Acquatic Preserve.
Mr. Lunettes: No, it actually states, Mr. Mayor, that ports, particularly in
the first: two llarelyraphs of the statute, it addresses itself very specific
illy to ports and then gets into other islands that are in the preserve and
as I mentioned, this is the basis of our permit really from the beginning.
It is recognized in the Florida Statutes' when, in fact, the Acquatic Preserve
Act was written that ports would have an exemption.
Rev. Gibson: Mr. Mayor, who on our staff is directly involved in this kind
of thing?
Mr. Grassie: I'm directly involved in the question of the land trade with
the County.
Rev. Gibson: I know, but I'm talking about that other technical part.
NOV 2 61979;
Mr. Grassie: Dick Fosmoen is.
Rev. Gibson: Mr. Fosmoen, you represent the city of Miami, is what he's tell-
ing us the way it is?
Mr. Fosmoen: Commissioner, we have a continuing debate with the State of
Florida as to whether or not what Mr. Lunetta just said is accurate or not :
because there are two statutes involved. There is the first Biscayne Acquatic
Preserve Act passed in 1974 and the subsequent general Acquatic Preserve Act
passed in 75. The second act excludes all public owned islands other than:
those owned by the State. The first act includes all public owned islands
so we have a continuing debate going on with the state.
Rev. Gibson: I assumed as much and I, want you to note, Mr. Grassie, I pur-
posely asked who is handling the technical part that he referred to. I know
where you are, you are going to try to get all you can for us. I understand,
this piece of land over against that piece of land, that piece of land. Now,
sir, I have a problem since there is a debate, I have a problem and let's
kick it over right now. Do you understand? Or don't you understand?
Mr. Lunetta: Yes.
Rev. Gibson: You said you've been here 19 years, you ought to know me by
now when I say I have a problem and just kick it over right now.
Mr. Lunetta: If I may, on the two statutes, although one excludes publicly
owned islands and one includes•it both statutes allow for the construction
of navigation projects and docks and their attendant facilities, both of them.
Whether, in fact, the island is or is not in the, preserve we,are covered under
both acts because it allows this type type of activity in the bay.
Rev. Gibson: Well, now that's a little clearer but it still puts me in the
predicament or in the position...
Mayor Ferre: We have no control over that.
Mr. Lunetta: We have nothing to do with your application up before DER. ,I
can only, tell you the basis and the premise from which we issued our appli-
cation to the. State agencies and from that point I can only then refer back
to the statutes and to navigation projects and ports in specific that is men-
tioned in the Statutes. we don't sit there and judge application by applica-
tion so there's no way I can answer you why, in fact, DER has taken a differ
ent position with you case. All right?
Rev. Gibson: I understand, but I rather like Commissioner Plumrner's position.
Mayor Ferre: Father, if I may address myself to that point, I have to do
this -because the Miami Herald has written two nice editorials about me in the
last eight days and I feel very nervous about that and I hate to do it but I
have got to tell it the way it is.
Rev. Gibson: Don't worry, I'I1 pray for you, don't worry, I've been praying
all along and you've been spared. Don't worry.
Mayor Ferre: I've got to tell you this. Last week I went to Tallahassee
before the Cabinet to discuss the City of Miami's application for Watson Is-
land and that same day, that same Tuesday the Miami Herald write an editorial
and the editorial was a very moderate editorial for the Miami Herald, they
usually are not quite that constrained. It was a•very well drafted and well
written editorial. Basically what it said is why don't you wait until they
go through this other process and then you can talk about it and then you the
Cabinet can make a decision and it struck me that these people with a little
more experience are getting much more dangerous because when they become
more rational and they write these things in such soft terms you have to
read them two or three times because they make a lot of sense because they're`
not as emotional and they're not as vitriolic and they're not as cutting.
Now they're softer and they make sense. Now the bottom line was that they:,
said put it off. And don't you see, the way to kill this port project, Mr.
Lunetta, I want you to listen to me because I'm going to argue for your side,
is that these things of delay, now I've got my good friend Nat Ratner who
lives in that area and I know he's going to be against it and I've a highest
regard for Nat Ratner and his opinion weighs very heavily on me. But I
know Nat Ratner is going to say - I can guess because he is a very intell-
igent man - and he's going to say, don't jump the gun here, why don't you
NOV 2 6 1979
wait. See, that's the Miami Herald approach now.. Now, let me tell you why
the Miami Herald takes that approach. Would you believe me since you've
been here for 64 years and you remember that is the same Miami Herald op-
posed the Seaport. Dodge Island was one of the major crusades that the
Miami Herald has waged in the last 30 years, the 25.years that I've been here.
If you were to say give me the five big crusades of the Miami Herald in the.
past 25 years one of them besides Watson Island was the Dodge Island Seaport.
Now look at the way they write about the Dodge Island Seaport. Now you've
never heard them say that they were wrong, they think that people forget.
See, but some of us around here who have been here for 64 years or 25 years
or for 19 years don't forget and the new approach, the way you kill things
around here is you don't confront them head on you say, "We should really
wait until somebody else does something else before you do something" and the
way you kill things is you say let's have a committee to study it, let's
have a Waterfront Trust do that. Let's have a Waterfront Board to study it
Let's do this, let's do that, let's wait and wait and wait and sooner or
later if you wait long enough you kill it. Now that's the refined way to do
surgery. We don't do it with a hatchet anymore, we do it with a fine scalpel.
And since'I know the disease and I can recognize it from way way far I'm get-
ting to a point where I can almost smell it. .You know it is almost physical.
I sense it, I sense the monster that lives there in the dark and the monster
is let's delay it. Now, as long as we have other handles on it I am changing
my position from what I told Mr. Grassie this morning. Let's not delay it,
let's get the thing rolling as long as we„have other. avenues of control and
as long as we own the land and we've got to rezone it then I don't think we
have any problems with getting these people'to pay attention to us. This is -
not, I submit to you, like turning over the Library.` This is not, I submit.
to you, like turning over the Water and Sewer Authority because once we did
that there was no come back.
Rev. Gibson: Let me ask this so I could be ---- I listen to my Mayor, you
know I don't always listen to him but it makes good sense. You won't have
the title to the property, is that what you're telling me?
Mr. Lunetta: That's correct.
Rev. Gibson: In other words if you fool around here and go -to bell the.cat
for me and then I'll be all right, I'll still have the property if you don'ts
come across, is that what you're telling'me?
Mr. Lunetta: Correct.
Rev. Gibson: All right, I'm in business.
Mr. Lacasa: Father, let me check something here with Mr: Knox. George, we
are being asked here basically to approve, authorize the issuance of a Develop-
ment Order approving with modifications the expansion of'the Port of Miami. `
Now, if we act today on this even before we complete the swap on the land
could this be construed, our act today in any way shape or form, could it
give the County in this a certain type of legal leverage over us? Could this
be construed in any shape or form as an act on our part that will oblige us
to complete the deal even if we are not satisfied with it? What kind of
legal repercussion do you foresee that our action here could have as far as
the swapping of the land concerned?
Mr. Knox: It appears, Commissioner, that the record would best reflect what
the Commission's intention is in this regard such that if the record reflects
that the City intends only to authorize issuance of a development order leav-
ing open the question of title to the property and so _forth then if posterity
were to examine the City Commission's intentions they would just refer to the
record so that there could be no viable argument that the City Commission is
in any way binding itself in terms of future action by its action today.
Mayor Ferre: So in other words what you're saying is we're not bound by
any actions we take here other than what we're taking but this certainly
would not force us to turn over the title nor is there any legal way that they
could take it or confiscate it 'or expropriate it or do something for the pub-
lic purpose.
Mr. Lacasa: That's different.
Mr. Plummer: Remember the transit stations in which Metro said we are going
to take control of all of the zoning for 300 feet around transit. stations?
Mayor. Ferre: See, that wasn't the government's land.
71
•
Mr. Plummer: But they're taking control. That's what they were proposing,
under Home Rule Charter they can do that, Okay? Now, you know--- Sir,
let me ask a question. When did you complete your study on the expansion?
Mr. Lunetta: The expansion was approved in February by the, the Master Plan
was approved by the County Commission in February.
Mr. Plummer: February of this year?
Mr. Lunetta: Yes, sir.
Mr. Plummer: That's nine months ago.
Mr. Lunetta: Yes, sir.
Mr. Plummer: So what we're saying is that you have had nine months to com-
plete these other negotiations - not you, of course - with the City. Now,
you knowI really have problems when it is hurry up and rush on our side,
we'll get to your side when we're ready. Thereis an illustrious man who
sits in the middle of this desk who says, "If you want me to dance you've
got to ask me." Now Carl, I want to tell you something, we received the
flowers, we're waiting for the candy. Now how soon do you want to dance?
You've had nine months to get prepared.
Mr. Grassie: In fairness, it's not up to him.
Mr. Lunetta: Joe, let me run the scenario out. We have been negotiat
six months. Okay? We are down, as I mentioned to the County Manager
we started this session that I'm ready to deliver to him tomorrow the
package that has been agreed upon by both parties. -We hopefully are h
to hit our County Commission on December 4th and this' City Commi"ssion
ber l3th because, Commissioner Plummer, we can't wait any longer. We
started with the expansion program and the only way we're going to do
to have the land and the only we're going to have th land is with the
agreement of the land swap between the City and the. County. Okay?
Mr. Plummer: You've known that for nine months, Carmen, you've known
nine months. Now all of,a sudden out of a clear blue sky whamo we're,
asked to approve. Now, I want to tell you that's just not playing fai
Mr. Lunetta: No, excuse me, let me back up.
Mr. Plummer: Excuse me, let me back up because I want to tell you at this
point I can't speak for other members of this Commission but Mr. Grassie in
the very briefest of terminology has said to me that he was entertaining a
swap. I have no idea at this point what that swap entails. So I want you
to know that once you're finished with Mr. Grassie then"you get to us because
history will say that not necessarily that we've seen eye to eye in value.
And I want to tell you that once you get; finished with him then you've got
to come deal with us. So I at this point don't know exactly what is involved
except that there is supposedly going to be a land swap and I think that's
fine. I don't think we should be exchanging dollars but I sure want -to see
a dollar for a dollar so that we understandeach other.
Mr. Grassier Mr. Mayor, two points that we need to clarify for you, Mr. Mayor
and members of the City Commission, one the question of time. Now, if the
County Commission is going to have the question of the swap in front of them
on the 4th I think it is important as to when the City Commission would meet
next because we're talking about changing the meeting of the 13th to the 5th.
If you're going to meet on the 5th then, of course,it is possible that you
delay this one week and it would only mean a weeks difference to them. How
ever, most of the time tables have already run for the meeting of the 5th so
I was talking to Commissioner Plummer &little earlier about the possibility
of moving the whole meeting up to the 27th.
Mayor Ferre: As I said this morning very clearly I will not be in the State
of Florida from Christmas to New Years'. I've said that now repeatedly.- On.
the Gth day I've got to be in Washington againknocking on the•door foryou
knew what.
ing for
before
final
oping"
on Decem-
must get.
this is
final
that for
being
r.
Mr. Grassie: It seems to me then that it makes it more important that the
City Commission act in the short run. That's one thing that needs to be
brought up. The other point that I want to make for you is that if"for some
reason the City Commission does not reach agreement with the County there is
72
NUV'4u1979
the -option on the part of the County to condemn the property► and I don't
want you to feel -that -we are out of that possibility all together.
Mayor Ferre: Well, then that changes things for me again, I'm back to where
I wasn't before. You're telling me that they:can condemn.
Mr. Grassie: That's correct.
Mayor Ferre: Well then, Carmen, I hate to tell you this, pal, but if that's
where you're at then I....
Mr. Lunetta: That's not where we're at. No, I'm talking about everybody
that's in the negotiations, and I think I can speak for them in this case.
Mayor Ferre: Yes, but unfortunately you should have done this last Friday or.
Wednesday.
Mr. Lunetta: I think we've been negotiating in good faith right from the
beginning and I think your City Manager will verify that. Okay? Now, this
is not unlikened, Mr. Mayor, if you will please, your same position with
FEC. That always has prevailed where condemnation could always be a consider-
ation. But this has never come up in any of our negotiations going back six
months. Now let me give you a little background on this. On July 31, 1979
the South Florida Regional Planning Council notified the City that the ADA
was completed and local public hearings could be scheduled. That's in July.`
September loth the South Florida Regional Planning Council....
Mayor Ferre:. Carmen, excuse me.
Mr. Lunette: I'm just going through a scenario here.
Mayor Ferre: Yes, I know, but it may, be useless and I think what we may be
doing is just getting deeper into this thing rather than getting out of it.
Let's cut through it.
Mr. Lunetta: From a community point of view, and this will be my last state-
ment, from a community point of view I don't care where it is City, County
or what have you for the' citizens of this community I don't.think we can
delay projects for the same philosophy and the same reasoning that ,you used
a few minutes ago and I think we have to go forward because,I think the
negative impacts on these things when time is of the essence and we're delay-
ing it has got to hurt us.
Mayor Ferre: A11 right, let me ask you
this on the record - Carmen, before you
ber 5th which is 8 days from now that's
That gives the Commission time to do it
even if it was a one shot meeting.
- excuse me, Father, but let me get
sit down, if we were to meet on Decem-
not going to cause any major delay'.
by the 4th and we meet` on the 5th,
Rev. Gibson: Mr. Mayor, I want to make sure--- Sir, I am for the project
but let me make sure everybody understands. You know, there is a problem of
double taxation, you understand that, I'm sure you understand that.
Mr. Lunette: Yes, I do.
Rev. Gibson: Okay. So if the land belongs to us, you know what I mean? We
aren't ready until we get some assurance. I'll tell you this, I'll change
my position. I would rather wait until you meet - Mr. Grassie, I want you
to get all you can for me. I represent the' people of the City of Miami and
I am also a taxpayer because I have property, several pieces of property in
the County. I want all I could get for the people who live in'the City of
Miami. I will vote after you have told me what you could get and what you
cannot get. Okay?
Mayor Ferre: All right, Mr. Fannatto.
Mr. Ernie Fannatto: I'd like to say a little something on this here. Ernie.
Fannatto is my name and I'm President of the Taxpayers. League, Miami and Dade
County. I don't know how you Commissioners can sit there and say you want
to swap property when you haven't even'heard the amount of money that these
projects are going to generate. You don't know, you haven't even been told.
Has the public been told? If you don't know how much money is coming in why
are you going to back up a $220,000,000 revenue bond issue by the County
which means that most of the taxpayers, the biggest part of it is going to
be on the City of Miami taxpayers? Now why do you do that? Why don't a man
73
NOV 26.1979
come here and say we're going to take in so much with the steamship company,
we're going to take so much in for the other projects? You haven't heard a
thing but you're ready to swap the property. Now to me that's .not business.
Do you know what business is?
Mayor Ferre: What's your question?
Mr. Fannatto: My question is you don't know how much money it's going to
generate.
Mayor Ferre: Generate for who, for what? Are you talking about the port?
Mr. Fannatto: Yes, yes, he hasn't come up and told you any amount....
Mayor Ferre: I'll tell you how it generates, from 12,000 jobs to 36,000 jobs.
There is, nothing that generates more money for a community anywhere in the
world more than a seaport.
Mr. Fannatto: Mayor, as far
looks good but financially I
me we're going to take in so
take so much in on the barge
on, the blinds?,
as the project is concerned on the surface it
don't know until this man comes up and says to.
much on the steamship cruise, we're going to
business, you don't know so what are you voting
Mayor Ferre: Well, we're voting on the swap of land.
Mr. Fannatto: No, you can't vote on a swap unlessit is feasible, if it is
not financially feasible you're making a bad swap.
Mayor Ferre: That's not within our jurisdiction, that's the County's prob-
lem. Our jurisdiction ----
Mr. Fannatto: No, it isn't the County's problem because the County taxes
are paid by everybody in the County and the City pays the most of them.
Mayor Ferre: Ernie, all we're talking about is swapping of land, that's all.
Mr. Fannattc: But how about the $220,000,000 bond issue that could come back
on the County?
Mayor Ferre: That's something that the people of Metropolitan Dade County
have to
Mr. Fannatto: All right, I'll tell you what we'll do, let's vote on it with
the understanding that you do a public relations job so allthe taxpayers in
this County know what's going on and it's only with the condition that the
bond holders and all the property owners in this County vote on it on the
bond issue before it is accepted. Now let me go a little further. You know
what happened on the Beach don't you? And Murray Dubbin is my close friend,
he's one of the best civic minded people in this. City and County and he did
a lot for this state But let me tell you something, the people were by-
passed. As Reverend Gibson says, I have to look out for the taxpayers. They
were by-passed, they didn't vote on the bond issues, they didn't vote on a
$650,000,000 project that doesn't appear to be financially feasible and that's
how they voted anyway and they voted every Commissioner out becausethey by-
passed the people. Now look, don't by-pass the people on a $220,000,000 bond
issue. Let's vote it on the condition, as you say, Mayor, that the taxpayers
will have the final say whether they want to accept the $220,000,000 tab. And
on that condition that's all right but any other condition, no. I think it
.is progressive, it looks like a good project but they can't tell me it's go-
ing to be good unless they come in here and say the steamship lines are going
to generate so much money, the barges, I want to know whether the bond issue
can carry it.
Mayor Ferre: Ernie, you may have had some losers on the Beach but you've got
some winners in Miami, I want you to know that. But we always take your advice
to heart, you know that. All right, next speaker.
Mr. Nat Ratner: My name is Nat Ratner and I'm the Chairman of the ,Environ-
mental Committee of the Palm, Star, Hibiscus Islands Association., The. Port
of Miami currently generates air pollution not only over Palm, Star. and Hibiscus
Islands but over parts of downtown Miami and along Biscayne Boulevard as far
north as 36th Street. This pollution comes from the smoke stacks, boilers
and generators of ocean going vessels docked at the Port of Miami. Thick
black smoke exceeding #4 on the Ringleman Pollution Chart is often observed
74 Nov zo 1979
issuing from the ships' smokestacks. It is common for ships to operate
boilers and generators at the Port of Miami even while docked in order to
furnish illumination. This is in sharp contrast to the United States Coast
Guard procedures at Terminal Island where the Coast Guard vessels when they
dock immediately shut down their generators and their boilers and they tie
into the shore current thereby alleviating any pollution if close to resi-
dential areas. The danger of the fly ash coming from ships' boilers is
something which has just recently been recognized There is an article
from the Miami Herald "Coding on Fly Ash" the headline says is linked to
cancer. Studies by environmentalists throughout the United States on fly ash
emissions by doctors at various universities have recently been cited in the
New York times Magazine and people who live down wind from oil fired elec-
trical generating plants have a much higher incidence of cancer -than -the
norm. And when you double the amount of ships coming into the port and you
take no steps to have any controls over the emissions from the smoke stacks
then you double the statistical chances of having cancer from people who
live down wind. The proposed port expansion will be 350 feet closer to the
Mac Arthur Causeway than the existing port is. Those charts didn't show it
very well, but is it not a fact, Mr. Lunetta, that you will be expanding to
a point 350 feet closer to the Mac Arthur Causeway than the present port?
That is correct. We think that bringing it 350 feet closer brings the pol-
lution very much closer and we think that should be avoided. We request
'that a study be made of the emissions of the toxic afluvia from the smoke-
stacks of the port ships, the ships that are there., A study of that nature
is not expensive, not necessarily time consuming to collect what comes out
of the stacks of those ships and let's see what'it is. We request a study
be made of the air along Biscayne Boulevard in downtown Miami as far north
as 36th Street and along. the bay and a study be made of 'the air over Palm,
Star, Hibiscus Islands and a study be made of the soil to see if the air
and soil have a higher than ordinary incidence of certain sulphates and
hydrocarbons which it has been demonstrated come from smokestacks.of ships.
The particular area which is down wind of the port is environmentally threat-
ened from three different sources. Aircraft from the 36th Street airport
unfortunately keep on flying directly over the Mac Arthur Causeway almost
day and night and to most of us who live there it seems like their target
is very often our living rooms from the noise. They ought to be requested
to fly over the 36th Street Causeway because people don't live on any resi-
dential islands on those causeways, there aren't any such islands but they
don't They take off, they fly right over the Mac Arthur Causeway and you
can lookup and see the pollution coming from the aircraft as well from
their engines which is the spent kerosene fumes. In addition to that, the
mounting traffic on the Mac Arthur Causeway is causing more pollution and the
net result is that the island area of Palm, Star and Hibiscus Islands is lit
erally under attack by land, by sea and from the air and a very pertinent
question is whether or not it is fair and proper to permit this amount of
pollution to in effect double without requiring some safeguards and some con-
trols and some monitoring. If it turns out that the emissions from the stack
aren't carcinogenerous and the pollution isn't dangerous then that objection
would be withdrawn because it would be faulty. If it'turns out that that
objection is accurate and, that we are having problems then we should address
ourselves to that•subject and see if something can't be done about it whether
requiring them to tie in at least to shore current while they're in port or
put a -scrubber in the stack but not to just carte blanche give this type of
approval. The tidal flow which will blocked if a solid plug is put between
Lummus Island and.the present port ought to be studied on a hydrographic model
of Biscayne Bay which is presently in existence to my understanding, it was
made some years ago. Let's see if the tidal flow and the flushing action
which may be important is going to be seriously impaired by that.._Let's see
what happens if a hurricane comes if you've got a long narrow bore now with
no outlet, how that's going to affect downtown Miami. Why not investigate
those things? They haven't been investigated. Why not put, in a requirement
that no ship which tics up at the port can have phosphates or nitrates among,
it (wnrral cargo. Why not have an index ofexplosives or radioactive cargoes
and rt,clui re ships which come into the port to advise us if radioactive cargoes
aro going in and out of there hulls. Why not have fines for violators where
a ship has thick black smoke coming out of its stack each time it comes in,
and there are two ships that come to my mind which are primary -polluters,
why not establish a fine for them? Who presently owns all of Lummus Island?
Does the City of Miami own 100% of Lummus Island or is there a;private party
who owns a portion of it? Is there somebody who could answer that question
here?
Mayor Ferre: Ask that question again?
Mr. Plummer: Who owns Lummus Island?
75
NOV 2 6 1979,
Mr. Lunetta: Roughly two-thirds is owned by the City of Miami or 70% and`
the other is private.
Mr. Ratner: Could you tell me who that person is?
Mayor Ferre: No, more than one.
Mr. Ratner: A group of people. Is the City or the County in negotiation
with that group of people to acquire their interest in the island? Has an
appraisal been made setting a dollar figure? Does anybody here know what
that figure is?
Mr. Lunetta: Well, the City is not in negotiations with the private sector
and we've had preliminary discussions
Mayor Ferre Well say it into the microphone so we can hear it.
Mr. Lunetta: The City is not in negotiation with the private developers or
private owners. We've had some preliminary discussions with the private
owners and yes, we do have presently going on underway appraisers apprais-
ing the land so that when, in fact, we conclude with the City of Miami we
will them move on to the private sector.
Mr. Plummer: May I interject here?
value of the 70%?
Mayor Ferre: Yes.
Mr. Plummer: Mr. Brassie, we're informed by Carmen that the City owns 70%
of Lummus Island..
Has there been an appraisal of the City's
Mr. Grassie: Of the upland.
Mr. Plummeri All right, has there been appraisal done to estimate the cost or
the:value of that?
Mr. Grassie: No.
ur. Plummer: :Well, how in the devil can you negotiate a swap without knowing
the value? That's a cute trick.
Mr. Grassie: No, Commissioner, one of the things that the County has been
concerned about is the kind of precedent that is established for the private
sector taking that they're going to be involved in'if we get into counter
claims based on appraisals. Now the City has appraisals of similar properties
done in many instances based on its other projects. We also have,:more im
portantly possibly:from our point of view, appraisals which have to do and
are relevant to the value of the other property the County is giving us. Now,
one of the things we have tried to avoid is to get into a posture of direct
confrontation with the County on a dollar for dollar basis. What we're try-
ing to do is to treat it as a transaction between two units of government
where each unit is swapping on a basis' beneficial to both of them.
Mr. Plummer: I have no problem with that and I think it would be ludicrous
to switch dollars. Okay? So we'll put:that up front but you know all I'm
thinking is is where do we come from as to what is an equitable situation.
Mayor Ferre I think the important thing
saying, with the Mayor and the members of
land requisitions that you have made.
Mr. c;ras,sie: Wc1], I think you heard Mr.
t.hv final draft from the County possibly
soon I get that.'...
is that you sit -.down, as I've been
the City Commission and go over the .
Lunetta indicate that I should get.
either today or tomorrow. Now as
Mayor Ferre: Well, when you get that I'the-first, after you've.seen the Mayor
you ought to,go see each member of the Commission because I want to tell you
that I do not know all of the land swap that we expect to get but I know some
of the pieces and they're very substantial pieces of`property and I would hope
that each member of this Commission would be amply satisfied that we are mak-
ing a fair trade, obviously it doesn't make any sense to us. But it will be'
a fair trade.
Mr. Ratner: Mr. Mayor, I hope you'll pursue that aspect of this item as
you've indicated that you will. What price is going to be paid for this land,
76 NOV 281979
what price is going to be paid for the fill rights for the upland rights of
this land is something that ought to.have the sunshine thrown on it. -I'
think the names of the owners certainly ought to have the sunshine thrown
on that. I think it is an item that the general public have a right to'know
most assuredly. Is'one portion of,Lummus Island, for instance, more
valuable perhaps than another portion of Lummus Island?
Mr. Plummer: Well, sir, do you have those names?
Mr. Ratner: The data that I have may not be current and up to date.
Mr. Lunette: Mr. Mayor, these will all be public records before two Commis-
sions, it will be widely publicized and I don't see why we should have. any
problems in 'identifying what we're going to be swapping between the City and
the County here.
Mayor Ferre: Yes, but Mr. Lunetta, there is no problem but he has a right as
a member of the public,' this is a public hearing, to express his opinion.
Mr. Plummer: Yes, but Mr. Mayor, what I've got a problem with is the man is
speaking with innuendos.
Mr. Ratner: No, sir, I'm not, truely.
Mr. Plummer: Well, you are, sir, you're making innuendos that it ought to be
brought to light, there should be sunshine thrown on it and it might be inter-
esting to know who the owners are. Now if you know something..
Mr. Ratner: If that's an innuendo, sir, I'm ----
Mayor Ferre: That's a perfectly clear statement, he's saying he wants on the
public record who the owners are. There's nothing wrong with that.
Mr. Plummer: If he knows then bring it out.
Mr. Ratner: I'm not certain, sir.
Mayor Ferre: Well, -whoever it is I'm sure it will be a matter of public record
but that's not within our purview again.
Mr. Plummer: Well then why bring it up at all?
Mayor Ferre: Because he's got the right as a member of the public. He's
against this thing, so what do you want him to do? He's telling you all the.
reasons why we ought to vote no.
Mr. Ratner: Another area that causes me concern is the dredging'area that was
marked on that map. The last time that extensive dredging was.done, supervised
and with a permit from the Corps of Engineers large pieces of coral rock ended ,
up along the beachfront of Miami Beach,pieces the size of your head, pieces
the size of a fist and for several years it was difficult to bath. You'd step.
into the ocean and you'd immediately stub your toe on'a sharp coral rock.. Now`.
I understand there are methods to avoid that, they were not used that time.
Most assuredly even though you sit as the' City of Miami Commission the beaches
in Miami Beach are a tourist attraction that all of us benefit from and I would
like to see some safeguard put into that area. Now, if you recall, about 15
years ago an attempt was made to expand the port onto Lummus Island. When the
port was first built an effort was made to build it on Lummus island and at
that time a coalition of concerned Dade County citizens not only opposed the
expansion to Lummus Island, they filed a lawsuit, they went to Washington, they
appeared in the Congress speaking against it and it failed. A compromise was_.
reached to permit the present port to come into existence where it is and among
the elementsof that compromise were the following: (1) The port was going to
be extensively landscaped - was one of the key items that the existence of the
port and it was a pledge given to people of Dade County. I submit that the
landscaping in, the port is exceedingly poor, not sufficient inquantity or.
quality. There was to be no bulk cargo at the port and truly there has been no
bulk cargo. There was to be no air pollution from the stacks of the ships and
that's not been honored.. There were to be two trains a day, one in the 'morning
and one in the evenings so as not to cause a ].ot of noise and traffic across
Biscayne Boulevard, that's been honored and there was to be no'expansion to
Lummus Island until the year, and I don't remember what that year was I'm sorry
to say and nobody else does for certain but if there are going to be protections
for the people of the City of Miami and the people of Dade County they ought to`
be built in now and your best shot and your best hold is now. It isn't later
7
NOV 261979
when you've relinquished all your rights and surrendered and for th't reason
I plead with the Commission to seek to protect the people of Miami and their
rights and their -interests at this session and not at some ephemeral time
in the future. Thank you. One last thing, pardon me. I -would like to just
give you an idea of the type of daily pollution that I get at my home which-
is on Hibiscus Island. Before I left here this morning I took a paper 'towel.
and I made a swipe on a chaise lounge which sits at'my dock and another one
at a piece of furniture inside my house in a screened porch and this. is 'What
came off it. And this is the air pollution that I have to breath and that
everybody has to breath and it's this that I'm objecting to and that I'm ask-
ing for some consideration about.
Mayor Ferre: All right. Nat, I think that you brought up some very important
points that I think after we hear from the other members of the public I want
to go some of them so we can discuss and we may incorporate some of these
things into our resolution. All right, Marilyn Reid, I see you here. Are,
you going to speak today against us?
Ms. Marilyn Reid: Well, I'd like to get the record clear. When you say
against, I'm not against everything, I am for this. I am supporting the port
and I think that became obvious last Tuesday because they have....
Mayor Ferre: I didn't know that, I apologize. I have never seen you in my
ten years ever supporting anything so I apologize.
Ms. Reid: That's because you haven't looked, sir, I attend hundreds of hear
ings where I support things.
Mayor Ferre: Okay, fine, I'm sorry, I apologize already. I am sorry. I
thought you were against this one too. I'm sorry, I made a mistake.
•
Ms. Reid: That is entirely not true.
Mayor Ferre: Well, I'm glad to hear that, I congratulate you.
Ms. Reid: The port is going to be an environmental showcase because they are
working with us. The .damage that has to be done out there is going to be
gated.
Mayor Ferre: All right, thank you. Is there anybody else who wants to speak
as an opponent? Or a proponent, I'm sorry? There may be a proponent, these
are funny days - I get two favorable editorials from the Herald.
Mr. Mike Rappaport: My name is Mike Rappaport, I'm also a member.of the Palm,.
Hibiscus, Star Association. I'd like you also to keep in mind, you can look
in, the other direction and say, well gee whiz, these are residents of Miami
Beach and it doesn't really matter to us, you know we're going to get voted in
regardless of what we do such as with the Watson Island situation. But our
prevailing winds in this area are from the east and southeast and you're talk-
ing about downtown Miami. Okay? And that pollution, andI was standing there
when Mr. Ratner took the swipe with the little piece of paper and I saw the `.
piece of paper. That's what's going into the downtown area. This isn't some-
thing that's just affecting Miami Beach, this isn't something that's just .af-
fecting the people who live on the islands like myself and Mr. Ratner,. this
isn't something like Watson Island this; is something that affects.the entire
community and if you gentlemen care to make light of it that's certainly with-
in your purview too.
Mr. Plummer: Who's making light of it?
Mr. Rappaport: Well, it seems to me like the situation is very pre -decided,.
I really had that impression.
Mayor Ferre: Well, you may not be too wrong on that. Let me ----
Mr. Fannatto- I'm not for it or against it, I want to hear the facts
and figures that's the dollars and cents, the expenses that's going to be in-
volved and find out if this $220,000,000 bond issue can be carried. And the.
other string is that the bond holders, homeowners and taxpayers in this County
have a right to vote on a $220,000,000 bond issue before it is approved.
Mayor. Ferre: Thank you very much, Mr. Fannatto. Now, ladies and gentlemen,
let me see if I can recap som eof the things that have been';said, perhaps we
can take it from there. I think that Commissioner Lacasa has verified with •
City Attorney Knox, Mr. Knox, and correct me if any of this isn't, right, or
''�$ Nov 2 61979
Mr. Lacasa. That if we pass on this itcould-be subject to and the condi-
tion would be the proper conclusion of the land swap so that in effect
this would not go into effect until that was concluded. Is that legally
correct?
Mr. Knox: Yes, sir, considering at all times the power that's posessed by
the Metropolitan Dade County Commission.
Mayor Ferre: Well, in other words we could vote on this and it would not
defacto go into effect until the conclusion of that was approved by the
Commission.
Mr. Knox: To some extent we would be relying upon the good faith of Metro-
politan Dade County in equitable consideration.
Mayor Ferre: I think that that would be--- Well now, say that again, Do
you mean to tell me that if we vote on this and they come back with some-
thing that is not acceptable to us we'have then given up our right anyway?
Mr. Knox: Well, I'm saying that arguably they would have the power to come
back with something that's unacceptable to the City in any event.
Mayor Ferre: I realize that but my questionagain is if we vote for this
today conditional on that then the meter would not start running until that
condition were meta Is that possible?
Mr. Knox: Relying upon the good faith of Metropolitan Dade County, in other
words if you adopt a measure and Metropolitan Dade County can indicate or
suggest that they would not endeavor to go further without the accomplish-
ment of the
land swap, however, if they would choose to they would have the
power to do so.
Mayor Ferre: No, let me word the resolution. Okay? Authorizing the issuance
The resolution would read -as follows? A resolution recommending ap-
proval with modifications of a Development Order for the expansion of the
existing deep water Port of Miami, a development of regional impact located
on Biscayne Bay just south of Watson Island after reviewing the report and
recommendations of the South Florida Regional Planning Council of September
1979, that's my first change - consistency with local land development regu-
lations and a finalconclusion of the land swap agreement to be entered be-
tween Metropolitan Dade County and the City 'of Miami pertaining to this; prop-
erty.
Mr. Knox: You have, therefore, indicated on the record that the City Commis-
sion- only intends to authorize the development order condition upon the ac-
complishment of the land swap.
Mayor Ferre: That's correct,. - And absent the land swap there is no resolution
recommending approval with modifications a development order, etc.
Mr. Plummer: In essence what you've done is wait until the next Commission
to, in fact, approve it.
Mayor Ferre: Well, except that that I think shows our good faith on the record.
Mr. Lacasa: Not only that, maybe that will be useful for you, Carmen, to Pro-
ceed with further plans because you do have a definite indication from the City
Commission that we are going to issue the order subject to the land swap.
Mr. bunetta: I agree with that.
Mayor Ferre: Is that acceptable?
Mr. Lunette: Yes. The only thing I would add, the City Manager mentioned the
December 5th meeting and I would strongly urge that you give serious consider-
ation to possibly doing it on December 5th.
Mayor Ferre: As soon as it is ready and the earlier the better. Listen,
we're more anxious than you are. Now the conditions that are indicated -in
here, with modification!. Okay? Now the modifications, let's talk about
what Mr. Ratner and others have indicated here. Of all the things that Mr.
Ratner said the thing that impressed me the most was the question, Mr. Grassie',
since you're going to be involved in this I want you to listen to it. '`I can
not believe that a hydraulic study has not been made of the water surge under
hurricane conditions in an expanded channel on both the north and south part
79 ,, U1i 2 61979
hurricane conditions in an expanded channel on both the north and south part
of the island.
Mr. Lunetta: Mr. Mayor, we completed a half a million dollar hydrographic
model which was acceptable to DER and the Corps of Engineers, it's part of
the Environmental Impact Statement so that's it. Okay?
Mayor Ferre: All right. Now, with regard to the question of carcinogenic,
qualities of the fly ash and all of that, that's something that I don't
really think comes within our purview to decide. With regards to the ques-
tion of the issuance of bonds, that doesn't really come within our purview
because in the first place they are not ad valorem tax bonds they are revenue
bonds that come from the revenues of the Seaport itself so we really have no..
Now lastly, with regards to the public relations aspect, I would like to
incorporate that into the motion, I think Mr. Fannatto has a good recommenda-
tion and I would like to incorporate that in there. Is that acceptable to
you? That eventually the port go into a good public relations exposition
of all the facts and figures, you're going to do that anyway, you have to
Mr. Lunetta: We do that anyway, automatically.I have no problem with that.
Mayor Ferre: All right, I would recommend that we do
anybody want to make a motion? -
Mr. Lacasa: I'm ready to move that.
Mayor Ferre: All right, there is a motion by commissioner Lacasa, is there a
second? Anybody want to second that or not? I have no problem seconding
that. Plummer, you Chair.
Mr: Plummer: Motion made and seconded, any discussion? Hearing none, call
the roll.
it that way then. Does
The preceding motion introduced by Commissioner Lacasa and seconded by
Mayor Ferre failed to pass by the following vote -AYES: Mr Lacasa and Mayor'
Ferre, NOES: Rev. Gibson, Mr. Carollo-and,Vice-Mayor Plummer.`
ON ROLL CALL:
Rev. Gibson: Mr. Chairman, I'm not opposed to this project, I'm for it but
I'm sure that the Commission will act more assiduously if they knew they
were waiting for that vote. I'm going to vote no.
Mr. Plummer: We'll see you on the 5th.
Mayor Ferre: I hope you realize what you
setting back this community substantially
interpret this, that we're not in any way
til December 5th. I was trying to do the
safeguards. It's a bad omen, bad omen.
're doing here. You are potentially
I -•hope the press does not mis-
saying no we're just putting:it off
very same thing with all the legal
Mr. Plummer: Mr. Mayor, so that the record is very clear, you I hope under-
stand what you voted for. I understood fully what I voted for and I just
really hope and pray that you did because let me tell you something, don't
put the monkey on my back, I haven't sat around for nine months and done
nothing. Now, when you want to pull that monkey out of the tree and you want
to throw him in a hurry fine, then put the bad words on us here but I want to
tell you something, that monkey is going where he belongs but not on my back.
Mayor Ferre: I don't care where the monkey goes and it's not a question of
your back or my back, it's a question of this community and what is involved
here is the public welfare.
Mr. Plummer: I agree.
Mayor Ferre: And I hope that this in no way causes
very very essential project for the welfare and the
This is no time for us to be playing games on whose
any kind of delays for a
future of this community
monkey is on whose back.
Mr. Plummer: Yes, you're exactly right but this is the first time
the issue before this City Commission. This is the first time.ancl
saying to you is your motion as proferred does nothing until this,
meets again because it is subject to this Commission ratifying the
and your motion does not, in fact ----
I've seen
all I'm
Commission,
land swap
SO NOV 2 61979
Mayor Ferre: J. L., what it does is it sends a message out ..
Mr. Plummer: They got the message.
Mayor Ferre: To the others that we are not in any way being negative or
arbitrary.It's whether you look at the bottle half empty or half full,`
the amount of liquid in the bottle is absolutely the same, it's just that.'
I think it is better to do things in positive ways rather than to do things
in negative ways. That's all.
Mr. Plummer: Mr. Mayor, everything in life is a matter of timing. Their
timing I have to say is very poor. It's not our timing.
Mayor Ferre: I agree, but are we going to castigate the rest of this commun-
ity because they had a mistake in timing? You should have done .this last
Wednesday.
Mr. Plummer: I"agree.
Mayor Ferre: But you didn't:
Mr. Plummer: But then this issue would not be before us in the posture that
it is today
Mr. Lunetta: I would like, if possible, an amendment by this Commission (1)
either to withdraw because I don't want a no vote going back to' the South
Florida Regional Planning Council. Okay?
Mayor Ferre: That's right.
Mr. Plummer: Fine.
Mr. Lunetta: This would be the most repugnant thing that can happen to this
development plan. I would prefer that you pull it off the agenda and let's
go on the basis that, in fact, December 5th will be the day or your next Com-
mission Meeting but I don't ----
Mr. Plummer: Fine, I was on the prevailing side, I make
sider with the previledge of making the next motion.
Rev. Gibson: Second.
Mayor Ferre: All right, there is a motion to reconsider, there's a second,
further discussion the motion to reconsider? Call the roll.
The preceding motion introduced by Commissioner Plummer and seconded by'
Commissioner Carollo was passed and adopted by a unanimous vote.
Mr. Plummer: I now make a motion that this matter be deferred until Decem-
ber 5th.
Mayor Ferrer There's a motion and a second, would you make it until` the
next Commission Meeting because it may not be the 5th?
Mr. Plummer: Fine.
The following motion was introduced by Commissioner Plummer who moved
its adoption:
a motion to recon-
MOTION NO. 79-785
A MOTION TO DEFER CONSIDERATION OF ISSUANCE OF A DEVELOP-
MENT ORDER FOR THE EXPANSION OF THE PORT OF MIAMI AUTHOR-
ITY DEVELOPMENT LOPMI NT OF REGIONAL IMPACT TO THE CITY COMMISSION
MEETING SCHEDULED FOR DECEMBER 27, 1979.
Upon being seconded by Commissioner Gibson, the motion was passed and
adopted by the following vote
AYES: Commissioner Joe Carollo
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
81
N O V 2 6 1979
Mr. Plummer: And in conclusion, Carmen go away here trim maybe one of the
most vocal, I'm all for you and 1 haven't really heard here a negative anti-
port statement. Okay? But fair is fair.
Mr. Lunette: Very good. Thank you, Mr. Mayor and thank you, Commissioners.
Mayor Ferre: Okay, thank you very much.
25. NORTH 59TH STREET HIGHWAY IMPROVEMENT N-.4452
CONFIRM ORDERING RESOLUTION & AUTHORIZE CITY CLERK
TO ADVERTISE FOR SEALED BIDS.
Mayor Ferre announced that the City Commission was now ready to hear any
objections to Confirming Ordering Resolution No. 79-688. NO OBJECTORS APPEARED.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 79-786
A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 79-668
AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED
BIDS FOR THE CONSTRUCTION OF NORTH 59TH STREET HIGHWAY
IMPROVEMENT H-4452 IN NORTH 59TH STREET HIGHWAY IMPROVE-
MENT DISTRICT H-4452.
(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
Commissioner Joe Carollo
commissioner Armando Lacasa
Commissioner (Rev.) Theodore Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
26. CONFIRM PRELIMINARY ASSESSMENT ROLL FOR CONSTRUCTION
OF GLENROYAL SANITARY SEWER IMPROVEMENT SR-5374 S.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 79-787
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION
OF GLENROYAL SANITARY SEWER IMPROVEMENT SR-5374-S (SIDELINE
SEWER) IN GLENROYAL SANITARY SEWER IMPROVEMENT DISTRICT'
SR-5374-S (SIDELINE SEWER) AND REMOVING ALL PENDING LIENS
FOR THIS IMPROVEMENT NOT HEREBY CERTIFIED.
(Hera 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 -
NOES: None.
Commissioner Joe Carollo
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
82
27. CONFIRM PRELIMINARY ASSESSMENT ROLL FOR CONSTRUCTION
OF GLENROYAL SANITARY SEWER IMPROVEMENT SR-5374-C.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 79-788
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF
GLENROYAL SANITARY SEWER IMPROVEMENT SR-5374-C (CENTERLINE
SEWER) IN GLENROYAL SANITARY SEWER IMPROVEMENT DISTRICT
SR-5374-C (CENTERLINE SEWER) AND REMOVING ALL PENDING' LIENS
FOR THIS IMPROVEMENT NOT HEREBY CERTIFIED.
(Here follows body of resolution, omitted` here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Lacasa, the resolution was passed and
adopted by the following vote -
Commissioner Joe Carollo
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore Gibson
Vice -Mayor J. L.Plummer, 'Jr.
Mayor Maurice A. Ferre
NOES: None.
CONFIRM PRELIMINARY ASSESSMENT ROLL FOR CONSTRUCTION
OF NORTH BAYSHORE DRIVE SANITARY SEWER IMPROVEMENT
SR-5383-C.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 79-789
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF
NORTH BAYSHORE DRIVE SANITARY SEWER IMPROVEMENT SR-5333-C
(CENTERLINE SEWER) IN NORTH BAYSHORE DRIVE SANITARY SEWER
IMPROVEMENT DISTRICT SR-5383-C (CENTERLINE SEWER) AND REMOV-
ING ALL PENDING LIENS FOR THIS IMPROVEMENT NOT HEREBY
CERTIFIED.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Lacasa, the resolution was passed and
adopted by the following vote -
AYES:
NOES: None.
Commissioner Joe Carollo
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
83
N G v 2 C 1979
29. CONFIRM PRELIMINARY ASSESSMENT ROLL FOR CONSTRUCTION
OF NORTH BAYSHORE DRIVE SANITARY SEWER IMPROVEMENT
SR-5333-S.
The following resolution was introduced by Commissioner Lacasa, who moved
its adoption:
RESOLUTION NO. 79-790
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR 'CONSTRUCTION
OF -NORTH BAYSHORE DRIVE SANITARY SEWER IMPROVEMENT SR-5383-S
(SIDELINE SEWER) IN NORTH BAYSHORE DRIVE SANITARY SEWER
IMPROVEMENT DISTRICT SR-5383-S (SIDELINE SEWER) AND REMOV-
ING ALL PENDING LIENS FOR THIS IMPROVEMENT NOT HEREBY
CERTIFIED.
(Here follows body of resolution,, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and
adopted by the following vote -
AYES:
NOES: None.
Commissioner Joe Carollo
Commissioner Armando Lacasa
Commissioner (Rev.), Theodore Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
30. PERSONAL APPEARANCE OF RAYMOND J. HANLEY OF FUSION
DANCE COMPANY - BAYFRONT PARK PROPOSAL.
Mayor Ferre: Take up Item 20, Raymond Hanley, Managing Director of Fusion
Company, Mr. Hanley.
Mr. Raymond J. Hanley: Mr. Mayor and Commissioners, thank you. What we have
before you today is a proposal to take Bayfront Auditorium in downtown Miami,
renovate it into a major culturalcenter for dance in Miami. We'll try and
keep our presentation as brief as possible today. I know that we're pressed
for time. I have available for you designers, architects who have worked on
the project with us over the past several months. We have consulted with the
staff at the facility, studied its operating conditions presently and put
forward a proposal to you for its operation in the future. We've done this in
two phases for two reasons, one to be the most cost effective and two to pro-
ceed with the greatest amount of`speed to have a good impact on downtown
development. The fusion project has been endorsed by several people,`primar-
ily the Dade County Council of Arts and Sciences. The Arts Council has recom-
mended a $57,000 planning grant for the project effective immediately upon the
approval of the City Commission for the facility. Mr. Cooper is here from the
Arts Council if you have any questionsof them. They will be funding the
major international portion of the presenting series of the project. Just
briefly,, I'd like to have the chairman of our board say a few words to you,
he is Ron Platt, he is Vice -President for Community Relations for Burger King
Corporation.
Mr. Ron Platt: Mr. Mayor and members of the Commission, the other persons
who speak to this, project will be speaking 1 think primarily to the technical
issues which may arise, the specifics of it. What I wish to say`very briefly
has to do with what I think to be very important to Miami as a city and as a
community and the importance of the arts and cultural achievements to that
sense of community. Particularly from our perspective, my company's Perspect-
ive as a major corporation existing corporations in the community as well as
those which may be perspective. I know that in the brief period of time
which I've been with Burger King Corporation and been in Miami, two years,
94
NOV 261979.
that we have particularly had difficulty recruiting people at the top levels
of corporate executives into the Miami area because of in many cases their.
unwillingness to leave places like Chicago and New York and to come to a. place
where at least their perspective is that there is no cultural activities.
The major parts of the corporate sector in Miami have made .I think a major com-
mitment to funding of the arts, I know my corporation has as well as a number
of others. This project as part of an overall program on the City's part.
gives us a chance to show that the City itself is committed. I think it has
achievements in many areas but one of them particularly important I think to
us is it will I think enhance the,City's ability to attract new industry and
new businesses to the City as well as enhance our ability and other areas of
the corporate community ability to attract the kind of people to the community
that we need to properly run our corporation. That is basically from our per-
spective and I think now turning it back to Ray to speak more to the technical
aspect.
Mr. Hanley: We feel that what we're presenting is a very cost effective pro-
gram. Fusion is already beginning to receive national attention. We have
been funded by the National Endowment for the Arts, we are the only company
in the State funded to do a State tour. It is clear that the growth is there
but we face the very real space problem. Right now in our offices, every.
single office is at least doubled if not tripled with people. We don't have
enough space to increase our own earned revenue through our school so we're
having to rely more and more on the public sector. What this facility would
do would enable us to increse our earned revenues significantly. The cost
effectiveness for the City is that the facility is currently operating at a
liability and what we're asking you to do is simply transfer that liability
over the next two years into capital monies for the, project. This will en-
able us•to get in there operating, very quickly. We already operate a very
successful school as well as a company but we're stuck for space, we've got
to move. We also have the backing now to bring international companies of
the highest. possible caliber into Miami in residences. This will be very at-
tractive for tourists, I think it will have a very significant impact on
the port as well. As we bring all these people through downtown you spe a
very active center. What we hope to be able to do is to bring in designers
of the caliber of Peter Wexler. Mr. Wexler is here today and has been con-
sulting with us on this project. He has in the past worked withtheNew
York Philharmonic and he is currently working on a project with the Dallas
Symphony, has worked with major performing arts organizations all over the.
United States as a designer, as a director and as an architectural consult
ant. He can speak to you and answer your questions specifically on the cost
effectiveness and what you will really be getting out of this project by doing
nothing more than diverting existing funds to another usage. Peter.
Mr. Peter Wexler: Good afternoon. It seems self evident that Fusion needs
a home, it growing and Miami is a good place for it to be and that there seems
to be a home available and we seem in looking at the building, it seems that
it is really quite possible to make it into a viable theater anda good work-
shop very simply and rather quickly in a non -architectural sense. That is
the theatrical equipment is rather easy to do these days and can be interest-
ing and exciting and can help make Fusion get where it is going a lot quicker
and I think it can be done and if there are any specific questions in relation.
to any of the proposals on those sheets we'd be glad to help you through that.
Mr. Hanley: I should just give you a bit background. Fusion is,a not for
profit organization, we have been in Miami now going into our 6th year. There
has been consistent growth. We represent every aspect of the community, we
have participated in most levels of. the, community. We do programs in the
schools, we bring in the highest quality talent from outside 'as well as. develop-
ing local talent here. The growth is good, the growth has been very positive,
the recognition has been very positive but we're at an impass and we really,
need you to push it forward at this time. There seems to be very little major
objection. We went out to all of the local dance companies, the smaller com-
p ini s in town who we consistently try to help in the black community, in the.
hot.i.n cauununi,.ty, in the Anglo community as well. They have by and large en
dorsed this project since they will get advantage from it as well. We will
be presenting Fusion roughly 25% of the year, we'll be presenting international
dance companies 50% of the year and we'll be presenting .smaller local companies
who will be nurturing up to a higher professional level for the other 25% of
the year. Are there any specific questions on the project?
Mayor Ferre: Yes, I've got a series of questions. In the first place, let
me say that I am totally in support philosophically of what you're trying
to do here not only am I supportive but I think that it is every bit as im-
portant as that Seaport which is going to give us 35,000 people working in
85
Nov 2 61979
this community, and it's not only because it makes good sense for our tourism
it makes good sense for the cultural life of this community, it really makes
good economic sense for this community too. And it doesn't make good economic
sense simply because we're losing $300,000 a year which we are at that audi-
torium but because I think that auditorium, if we take into account what it
is, what it was - it was a government building that was built during the war
and we ended up inheriting it and we really haven't done a hell of a lot with
it and it really is an eyesore and it is time for us to do something with it
in the same way, I might remind the Commission, that we did with this exhibi-
tion hall across the street here. That was an eyesore and everybody said we
should tear it down and we didn't tear it down, we ended up getting a major
grant and now everybody is proud of it and it is a big economic factor for
the welfare of our community. Now, one of the things that America.is really
turned into or on is dance and I think it is a major tourist and economic
bonanza that could come, and there's no question that for us to have a prem
ium dance company it has to have a home and we have a home, it's there, it's
just a question of refurbishing it. Therefore, my conclusion, my opinion is
that we ought to proceed on this as a matter of principle, that we ought to
do two things, however, (1) I think we ought to retain.a major nationally
recognized company that specializes in doing studies of this kind because I.
don't want to get into an operation, Mr. Grassie, where we turn over a major
asset of this facility to a very much needed art form which is dance and not
have it well planned so that three'or four years from now we're embarrassed.
This is a multi -million dollar piece of property and I'm sure just the build-
ing and the land you couldn't reproduce for $10,000,000 at today's values if
we were to put -it out on the market that's what it would cost, minimum. And
I would not like to make a major commitment which you're talking about until
we had somebody -that` is really knowledgeable in this business, you know whether
it be Arthur D. Little or whoever that does these kind of things nationally.:
We ought to get a list from the National Endowment for the Arts as to people
who specialize in these type of things ,and in my opinion we ought to spend
the kind of money that is required to come back - if we do it that way for
Watson Island and we come back with a study by ERA and if we go and do this
with every other thing that we approach whether it be a development of a
neighborhood facility or the Little Havana Community Center or the Little Havana
Specialty Center, we go out and we retain whomever, I think we ought toapproach
this the same way.,, We ought to get nationally recognized so that this isn't
the opinion that might be self serving of the board of Mr. Platt who is a fine
gentleman and a corporate citizen of this community or Mr. Grassie, the City
Manager or Ferre, the Mayor or the Commission but rather that we, get some back-
ing in our opinion. The second consideration is I want to.make very very sure
that,we don't end up creating something that is exclusionary or elitest in
nature. I realize that art must by nature be elitist, that it must be exclus-
ionary because obviously you're not going to have quality art unless you have
quality artists. But on the other hand, I want to make sure that this facil-
ity would work in conjunction with, for example, Ballet Concerto" so that it
would work in concert with the new black dance company that 'has been recently
created, the Caribbean what's the name of it?
Mr. Hanley: L'Antoinette Caribbean Dance Theatre.
Mayor Ferre: L'Antoinette Caribbean Dance Theatre. Let me finish please.
And, therefore, I would want to make sure that they somehow are specifically
included in the process so that, you know, I have a great deal of confidence
in.you and Wally Lord and Mr. Platt and the others that are involved but five
years from now you may not be involved in this and Bill Wescott may be in
San Francisco and I want to makesure'that those that are here will be as re-
sponsive and responsible as you are and my third and major consideration I
think is that we've got to find the million two hundred thousand and in my
opinion it will probably a million.five and we don't have a million five:now,
Z mean I've just got to tell you right off the bat that we don't really know
where that money is coming from and you're going to get in line with a lot of
ut.htr area: that need funding for capital improvements.
Mr. Hanley: If I can just briefly address those, Mr. Mayor. First of all,
we agree with the need for national consultants. We have already been in con-
tact with an organization called FEDAPT, that Foundation for the Extension and
Development of the American Professional Theatre located at 1500 Broadway in
New York. They are a major consulting firm originally founded by pension
funds from Actors Equity Association to improve....
.Mayor Ferre: Yes, but Mr. Hanley, it isn't up to you to make that decision.
You tell the Manager who you think is qualified and let the Manager come up
to the Commission and the Commission will decide who we'll retain.
86
Nov 261979
Mr. Plummer: And also at whose expense.
Mayor Ferre: It's going to be at our expense because obviously it's our build-
ing and our money and our project and our thing and for you to say that you're
going to expect a small dance company that's struggling to keep it's head above
board to come up with 30 or $40,000 that something like this is going to cost
is you know, let's face the issue right now. Obviously we're going to have to
pay for it. I mean that's one man's opinion
Rev. Gibson: Mr. Mayor, I want to voice my opinion, and I'm not opposed to
what's being advocated. I am terribly worried about the availability of the
building. As of right now let's put this on the record and nobody could deny
it. It is perhaps one of the most accessible buildings to all of the people
of this community, ethnic as well as price -wise and my concern is I know
you're telling us the Convention Center is going to be here, fine. If I had
the convention center I would say Gloria Hallaleujah! But I don't have it yet
so that gets to be a real problem for me. 'I do not wish to have Ernie Fan--
natto come down here later on and say to me you have put us out and you have
cut us off. See what I mean? So I want to make sure, sir, the timing is.
right. Do you understand what I'm saying?
Mayor Ferre: In other words that we wouldn't be phasing one in until we
phase another one out, that kind of a thing. It will take us a couple of
years to develop something like this anyway, this is just....
Mr. Hanley: That's our problem, Mr. Mayor, the couple of years could almost
strangle the company. We are at a point where, we have topped out our earned
revenue. We are working now on a 52 week contract annually. Our budget has
grown from $220,000 two years to 360 last year to $427,000 this year and that
support is coming in. It is coming from government sources, it's coming from
private sources because the work has been recognized, because it's good, even
though we cannot.yet match dollar for dollar with unearned income, and that's
what we want them to do, and it's about to create a real serious financial
crunch for the company at a point where we're beginning to receive national
exposure.
Mr. Plummer: Mr. Mayor, I want to express my concern, I have two concerns,
one which I have expressed to this gentleman already. My first concern is
the exclusive use of this City -owned facility for any one organization. I
think that if, in effect this is passed here today it is going to set a
precedent that really is something that this City would not be able to live
with because once you say yes to these people how do you say no if the Opera
Guild comes in and wants Gusman Hall or some other facility that we have?
Mayor Ferre: Very simple, you say no.
Mr. Plummer: Well, but I would be in a dilemna. The second Point Before
any study is instigated I want it to be understood that,I for one am not go-
ing to vote to expend one dollar of City money to upgrade a facility for some-
one else's use. I think it is only right that whoever it were to be the,recip-
ient should go out and get the moneys that are going to be needed to upgrade
the facility ,for their use. This is not for City use.
Mayor Ferre: It is for City use, who do you think these people are?
Mr. Plummer: Mr. Mayor, it is not City controlled. It will be Fusion Com-
pany controlled, it is my understanding. Now, if I misunderstand please cor-
rect me.
Mr.. Hanley: It will be as a resident tenant, many cities have found in many
operations not just cultural operations that the most effective operation of
a facility is often, turned over to a private firm whether it be profit or non-
profit for the management of the facility and that's what we would be doing.
Mr. Plummer: I have no problem.
Mr. Hanley: Our own activities in the building, we would be residents there
but we would also be booking in international companies as well as national
companies. The City currently has no major source of funding available to
develop major cultural institutions, that does not exist in the City's budget
at this time. Most major cities, as a matter of fact all major cities that
I know of do provide such funding to have major cultural institutions in those
cities. What we have tried to develop is a way that the City of Miami can get
out from under a liability and provide us with a base for earned income so
87
NOV 2 61979
the City does not in the future have to face that liability on major cultural
institutions.
Mr. Plummer: Well, of course, the obvious answer there is the City can easily
get out from under that obligation by merely closing the doors and we're out
from under that obligation. We do provide a service to the people of the City
in the use of that facility. We presently have the Publicity Department, I'
have not yet, and of course, this is preliminary, I have not heard where those
people are going to go. What is going to be the use....
Mayor Ferre: All five of them?
Mr. Plummer: All five of them? Well, that's after the battle also, Mr. Mayor.
You know, all I'm saying is this, and I'm saying it very simply: Mr. Mayor, I
am not going:to sit up here as a City Commissioner and tell the Police Depart-
ment that we need a million and a half dollars for policemen downtown but I
don't have the money.
Mayor Ferre We just went through that in the budget process and increased
50 policemen.
Mr. Plummer That is correct, sir, if it passes in the multiple taxing ser-
vice district which is not...
Mayor Ferrer. It has nothing, to do with that, J. L., we agreed to do it period,
it's in the budget.
Mr. Plummer: Mr. Mayor, you stand corrected or I stand corrected, one of the
two of us at this point, I think we're talking about at the utmost 27. Mr.
Mayor, that's beside the point and maybe I used a bad example. I am saying to
you, I am saying to this gentleman that if at such time as you find or dig the
million and a half dollars and say to this Commission we have the money that
it will take to fix this facility. up then I think this Commission would be
well within its means to instigate a.30 or a $40,000 study. Until such time
you know....
Mr. Hanley: Without recognition from our home city....
Mayor Ferre All right, Mr. Hanley, please, I take the prerogative as Mayor,
I would like the priviledge of answering that if I may. Either this City ,is•
going to continue being a small town or we're going to start thinking like`
Atlanta and San Francisco and Philadelphia andBoston and other large cities
Now are we going to _continue thinking in small terms and being a small town
or are we at last going to say we are going to be a major city, a major metro-
politan area which thinks like a large. city with•regards to marinas, the
Police Department, to the Fire Department, to our Parks and Recreation, to
our cultural facilities, to the Trade Fair to the Convention Center? Are•we
going to become a major city or are we going to flounder around and wallow in"
the everlasting perplexity of the chicken and egg as to you do this first and
I'll do that next? I know that we have to be fiscally conservative and all
this process but I must say that it takes the kind of imagination and it takes
the kind of courage to get Finnial Hall open. Finnial Hall is a great success
in Boston. When it started everybody said oh my God that's going to be a''dis-
aster and we're not going to put money into that, that old building and this
and that and it happens to be the most successful project in any urban city.
The same thing was said of Ghiardeli Square. The same thing was said of Lincoln
Center. They're not private, Lincoln Center is not a private thing, the Ken
nedy Center is not a private center. The Atlanta Center for the Arts is -not
a private center.
Mr. Plummer.: Where did the money come from, Mr. Mayor?
Mayor. Ferrer It came from local governments. Every'major City in the United
States has a major commitment o the arts. Cleveland has one of the most fan
tastIc museums, people travel to Cleveland by the hundreds of -thousands to
visit that museum, it makes money for the community. Hotels function from
that. The City of Cleveland taxes the hotels and the properties that render
tax moneys to the coffers of the City'based on the enhancement` of culture and •
the nits. It is an investment. It is an investment in this community as much
as the port is an investment, as much as these marinas is an investment. We
cannot continue think in negative terms. Now.I plead with you that we pass
this thing on a positive basis as a matter' of principle. Now, that's not to`
say, Mr. Plummer, that we've got along, and I'm sorry, Mr. Hanley, you've
got to understand that. If this passes today in principle we're going to
have to find a million and a half dolllt which we do not have, we're going to
NOV 261979
have to satisfy Father Gibson in his request for the ,phasing -out of that
property which is reasonable, we have to figure out who is going to do the
'study. so that it is economically acceptable and justifiable to the founda-
tions that we're going to be asking money for. I mean it isn't that Joe
Grassie says it is a good idea, you need somebody that has credibility
with the .foundations in that particular area. That's the importance of
the study, it's an investment.
Mr. Hanley: We agree, Mr. Mayor, on that point. I'd like to point out
though, in terms of bringing money into it that Fusion has already sought
considerable funding for this and will be bringing in 1.5 million dollars
of programming annually, annually to this project.
Mr. Plummer: Sir, obviously you're not understanding me and maybe the Mayor`
isn't but that's understandable because we've had that problem for ten years.
All I'm saying to you, sir, is you know I'm a City Commissioner and I repre,
sent the coffers of this community. You are the director Iassume of Fusion
and you're representing your interest but I've got to go back to the people
and say, you know, that $8,000,000 deficit that we fought very hard last year,.
an $8,000,000 deficit, a lot of key vital points in this City had to be with-
drawn and eliminated - many of them. Now, what I'm then, saying` to you is
on a scale of priority I as a Commissioner am charged with a responsibility
of what comes first, what comes first. All right?
Mr. Hanley: I agree, Mr. Commissioner, but if you don't have cultural facil-
ities you can forget about police protection downtownbecause what is going
to bring people downtown? It's. very important.
Mayor Fe.rre: Well let's not get into that argument, please.
Mr. Plummer: No, that's fine, I'd like to get into that argument, Mr. Mayor,
I think it is very apropos. We just in this community passed the 2% resort
tax. 'You're speaking of touristrelated promotion and:I can't think of ,abet-
ter place for that million and a half dollars to come, from. I don't see any-
thing wrong with that. They've got, I don't know how many millions it is, the
last thing that I heard before was something in the neighborhood of 10 or 12
million dollars that hasn't been spent. No Four million:a year. It's now
been in effect how long, Joe?
Mr. Grassie: Almost a year.
Mr. Plummer: Okay, so they've got $4,000,000, they've spent very_little of
it. Now I can't think, of a better source of well spent money than that.
Mr. Hanley: By'the ordinance it can't be spent for that, Commissioner.
Mr. Plummer: • Then the ordinance needs changing.
Mayor:Ferre: Mr. Plummer, that's all fine but we cannot do it because the
ordinance does not permit that. Now;_:I submit to you with all due respects,
and you know that I have a great deal of respect and admiration for you
and your judgement, that when we voted for the police station and this Com-
mission was split three to two on tha I pleaded with this Commission to
pass that. There was a great consternation. I submit to you that that was
a, proper decision, that that police building is a major asset to the commun-
ity and an important part of the Police Department's function. Without it
we would not have the kind of Police Department that we have. I pleaded:,
with you to`vote for this improvement on the Dinner Key Auditorium, there
was some of you who disagreed with me on that. It's turned out properly.
I will tell you that the same logic and the same feeling that I had for
thu',C two projects I have for this. I'm going to tell you on the record
that It.is my feciinci that this is probably one of the most important things
that. this City can do in the next three or four years. It is money returned,
it is one of the most least expensive projects that we could do to infuse
dynamics into this City, a baseball stadium which as you know I am all -for,
will cost us $25,000,000 minimum, a'football stadium will, cost us,$50,'000,000.
I'm telling you that for the property that we have plus a million and a'half
dollars there is nothing that will revitalize many many things in this corn
munity and I would like to whenever everybody:has made their statements and .
asked their questions make a motion that we proceed in principle, it doesn't
mean that we've concluded, that we're just beginning:
Mr. Lacasa: Is that a motion?
89
NOV 2 6 1979
Mayor Ferre: Well, i want to make sure everybody else has had their oppor-
tunity to either make a statement or ask a question or what have you.
Rev. Gibson: Let me make sure I understand. When you say proceed in prin-
ciple what do you mean?
Mayor Ferre: Well, let me make the motion then. All right, does anybody
else want to make a statement at this time?
Mr. Lacasa: Why don't you make the motion
and then we open for discussion?
Mayor Ferre: J. L., I pass the chair to you and I make the following motion:
I move that the City of Miami Commission go on record approving in principle
the turning over of the Bayfront Park Auditorium into a major dance center,
that the administration be instructed to begin negotiations with the Fusion,
Dade Company, Inc. for the purposes of management - not for ownership, or for
lease but for management - that the following conditions also be met: (1)
that the proper phasing.out of the usage of that hall into another hall be
properly done (2) that a study be made by a recognized national authority
for the purposes of foundation and governmental funding so that 'it has cred-
ibility (3) that the Fusion in itsmanagementcapacity not be exclusionary
of other dance companies so that in their'own words 25% or thereabouts. of
the time of the space will be used by Fusion, 50% by international compan-
ies that would come to Miami and 25% by other aspiring dance companies and
that (4) the Manager be further instructed to look at the available capital.
funds that we might have for the purposes of funding this once these studies
are concluded. That's my motion.
Mr. Lacasa: I second that motion.
Mr. Plummer: Under discussion?
Mr. Lacasa: Now Mr. Hanley, we discussed about a couple.of months ago, -if I
recall, this question and I had a concern and this concern is this. The City
of Miami which is a well-known and internationally recognized city has abso
lutely no'folk group dance, we have nothing to show to visitors,,we have
nothing to send to other countries representing our culture and I for one
having traveled representing the City of Miami to some Latin-American countries,
countries and cities that do not match our financial resources by 'far am
ashamed to say that while they do have these folkloric' groups that represents
the culture and the traditions we have absolutely nothing to show. From the
touristic point of view we have very little, people here have to go and see
Vizcaya and that is about what we have in the City of Miami. We are talking
about the City of Miami, I'm not talking about the unincorporated areas of
Dade County or other places. So I do believe that it is high time for us to
have, to start developing our city along those lines. One question that:J
have is this. If we enter into this agreement with you people I want something
in exchange for the City of Miami and that is Fusion to give us your services
as far as we might need them for representing the City of Miami locally and
abroad such as, other folkloric groups do for the cities that fund them and that
give them financial resources. So that is one of my basic questions here and
quite frankly one of my main -interests into this enterprise.
Mr. Hanley There is no problem with that. Again, you have an issue of fund
ing when someone goes abroad. We, for instance, have just been funded by the
State of Florida as the first company to tour the State of Florida. On that
tour you'll see advertising in the Miami Herald for Fusion on the -same bill
with the New York City Ballet at the Palm Beach Festival. We are achieving
that level of recognition -Again, the problem is if we're to go abroad where
is the funding to come from. For Fusion to tour right now, and Fusion is a
small dance company as compared to a large ballet, it is 15 people on the road.
wo certainly are very happy to represent Miami and I think Fusion would be a
very good representative for the City of Miami. It is a positive progressive
imago. Dance also has no language barriers, it can tour internationally and
will represent Miami in a very professional advanced thinking way. We are al-
ready beginning that, we're very proud of our home here in Miami and have no
desire to go anywhere else but in other cities organizations like ours grow
because there is a vast industrial space, because there are the run down ware-
houses of the northeast that they can go into. We are building a new city as
you very well know, you deal with the problems of it daily and without being,
provided the space to do that we're stopped cold but we're very happy to,
represent the City.
Mr. Lacasa: Well, I do believe that this is a project worthy of consideration
because I think that we can grow togetillb. I believe that with appropriate
h Li 2 d 1979
support we can do this for the City of Miami and tha Fusion can grow and
that we can grow along with that in the cultural world and as long as you
people are willing to make this commitment to give the City in exchange
for our support your services in order to represent us I am more than will-
ing to support the concept.
mr. Hanley: I am sure that that can be worked out,
could not give free services since the dancers have
know for the support question is what it comes down
profit organization, our books are auditable at any
happy to cooperate with you believe me.
Rev. Gibson: I have a problem with the phasing out. You see, I just want
to put this on the record because if I didn't I would not be true to Gibson
and I trust I have tried hard. If you start this process now when we know
anything it will all be over but the shouting. Just remember in this city
that building, is used for many things for the public use. Okay? I'm afraid
of what is going to happen. I would feel much better if Mr. Grassie came
back here and said on such and such a day we propose to recommend that such
and such a thing takes place, we're going to cut the building up in this
fashion. See, if I don't get that before, man, I have no assurance.
Mr. Plummer: Excuse me, Father, why don't you make an amendment to the motion
that their occupancy would not start until....
Rev. Gibson: No, no, no, no! Not occupancy, that you don't start dealing
with that building until such time as because, let me tell you this,, Plummer,
once you start tearing out that wall - I could tell you the way we run in
churches and they aren't any different.
Mayor Ferre: Father, I did not make my motion very clear so let inc repeat it
to make sure that it is very very clear. We are approving in principle the
beginning of this process. Nothing can be done, not the, tearing down of one
wall, not the changing of one door, not the changing of one light bulb until
the Manager comes back. with the following conditions having been met: -Al) A
phase out of the usage, and it's used about 50-or 60 times a year, as to
where those.people that are using that hall will go, completely, specifically
to the last one to the letter, to the dotted "i", the crossed "t", the comma,
everything. (2) That a recommendation for funding„be specified, that we can
•
accept and approve. If there is no funding they cannot tear down a wall.,
Rev Gibson: Nor will they occupy it..
Mayor Ferre How can they occupy a building that is completely out of shape
for a dance company? Nor will they occupy one square inch of the building.
(3) That a study be made, by a nationally recognized firm that will enable us
to go get the proper funding both at the foundation level and at the govern-
ment level and I forget what the fourth condition was but this is the beginn-
ing of a process, it is not the termination of the process and all of it must
be brought back to the City Commission and.. And not extra what?
Mr. Hanley: Non exclusivity..
Mayor Ferre: Oh, non -exclusivity of aspiring companies and other companies
like, for example, Ballet Concerto, the L'Antoinette Caribbean Dance-Trouve
and other dance organizations in this community. .That's the motion.
Mr. Plummer: Further discussion? There is a gentleman'over here that wishes`
to discuss the matter. For the record, if you would, state your name and
mailing address and proceed.
Mr. Joel Fine: Thank you. My name is Joel Fine, 941 N.E. 82 Terrace. I am.
a co-founder and officer and director -of' one of the local cultural organiza-
tions who if this proposed program passes will, in fact, have a right to use
this auditorium.
Mr. Commissioner, we
to be salaried, you
to. We are a not for
time. We'll be very
Mayor Ferre: What organization is that?
Mr. Fine: If you would bear with me. Needless to say, we are very delighted
the opportunity of having such a facility made available to us. The Fusion
Dance people arecorrect in their proposal that a dance facility yet theatre
facility is greatly needed in this town, something around or approximately a
500 or 600 seat theatre. having said that I'd like to take off my can as an
arts advocate. Our organization has been in business since 1972.' I did not
come here as an officer and director of that'arts organization, I came here
91
yUv 261979
as a citizen, as a property owner, as a taxpayer and a voter to'discuss this matter.
I can see by the way that things are going that it appears to be a fait ac-
compli so just for the record I'll go on anyway.
Mr. Plummer: Well, would you mind telling me which way you see it?
Mr. Fine: Well, evidently it is something that everybody wants to, appears
to be in favor of.
Mayor Ferre: Right now I count two to two and I don't know
Mr. Fine: Oh really, maybe I've got a shot. Maybe I've got a shot then
Mr. Plummer: I was going to say the same thing.
Mr. Fine: Mayor Ferre talked
Mayor Ferre: Who do you represent? You still haven't told us what dance
company you represent.
Mr. Fine: Well, I would be happy to tell you it's the Cultural Arts Society
of South Florida but as I said before I didn't come -here as a director and
officer of the Cultural Arts society of South Florida and that's why I fudged
on it, not because I didn't want you to know but because that really is not
who I am, I just say that by way of telling you that we are delighted at the
prospects of having a theatre, that we are delighted at the prospects of
being able to use the theatre and now. I'd like to talk about this proposition
as a whole. We learned in school that the whole is equal .to the sum of its
parts and if we're looking at this proposition as a whole it can get very con-
fusing. So you really have to take this situation and break it down into
its parts and there are.many parts available. If we.talk about principle,.
your honor, that's what I would like to talk about here today. Mayor Ferre
is right when he says that it would probably be a million and a half dollar
expenditure to fix this theatre up, this is exactly what I understood from
some of the people who have been involved in this that it would be. If it
takes too long a period of time I don't have to tell you what's going to hap-
pen to that million and a half dollar figure,it's going to be far higher.'
You have only to talk to any real estate man in this community who was plann-
ing a building, any one of your major building who. were planning a construc-
tion project to see exactly what is going to happen to that million and a
half dollars. This project doesn't stop at the million and a half dollars
and it doesn't stop at our ten million dollar facility. I say our ten mil-
lion dollar facility because remember I'm talking as a taxpayer and a voter
and a citizen of this community. There are additional funds that have not
come up that have not been mentioned here today. There is almost a quarter
of a million dollars that's being requested annually to fund this outof town
dance group or this influx of out of town dance people. Ah, but'if that
doesn't happ now we're talking about a theatre, this is part and parcel of
this project so you have to look at it as a whole. They would like to bring
in out of town dance companies and they would like to have $200,000 plus
another $20,000 to help fund the presence of some of the smaller dance com
panies there. I think that's fair in what I've heard. Now that in another
year or two may, of course, go quite a bit higher also. This would pre-...
Pardon me?
Mr. Plummer: Where is that money coming from?
Mr. Fine: That's a very good question. It's proposed to come from Tourist
Tax Revenues.
Mr Plummer: Well., I'm told that it has already been approved.
Mr. Hanley: No, what has been approved is the $57,.000 planning grant with
the clear indication they can only approve the grants on' an annual basis at
this time. It was debated quite estensively by the Arts Council for quite
some time knowing that we'll be going back in annually for 150:- $$200,000
a year.
Mayor Ferre: Look, just to make it absolutely clear, if I may, Mr. Chairman,
let me add a 5th condition that when you come back for the rest of these
things that we have:a clear, understanding of where the operating moneys are
coming from either from federal foundations or from local Metropolitan Dade
County funds and that the City has no intentions of putting any of -its funds
for the operation of this whole thing. I:want that clearly understood.
92
NOV 2`61979
Mr. Fine: If that were to fail; if that were not to be forthcoming and.
if, therefore, this particular portion of this project was not to go through
then no dance companies would come into this community and the million and
a half dollars that Mr. Hanley projects as income from this project would,
of course, be non-existent. So here we are with our $10,000,000 building
and a million and a half dollar at best refurbishing and no income atall.
So what did we accomplish? What did we actually .accede if that were the
possible case? So first of all we don't even know if that is the case. In
order to bring in ten or more outside companies you first have to show cause,
you first have to show that there is a need. You first have to weave a spell
of a cultural desert here in this community but this community is not a cul
tural desert. We have one company alone who is bringing in six or seven
dance companies alone, some of the most renowned dance companies. We just
had Martha. Graham in the area, we have the Winnipeg Ballet -Company in the
area, we have another group bringing in a Canadian Ballet Company, we have
the Miami Ballet bringing in people. We'have the Murray Lewis Dance Company
coming into the area. We have the Houston Ballet coming into the area, we
have the Winnipeg Ballet Company coming' into the area.
Mr. Plummer: Your point is well taken, sir, proceed.
Mr. Fine: So before we can talk about theprospects of bringing in ten or
twelve dance companies into the area you would imagine that this. area is
starved for dance. Well, this area is not starved for dance. We have one
of the finest dance programs from Palm Beach down through Miami of any area
in the country and it is picking up every single year. Every year it gets
better and better and better and I have no reason to believe it will not
continue to get better.
Mayor Ferre: And don't. you think it will get better if we have a proper
theater for performances?
Mr. Fine: Absolutely.
Mayor Ferrer You're against it?
Mr. Fine: Absolutely, I have to be, for good cause,
for good cause'.
Mr. Plummer: well let me understand then. Your opposition comes from the
fact that you feel that it is premature without the funding. Is that what
you're saying? What is your opposition?
Mr. Fine: No, my opposition on this particular point comes from the fact
that in order to ask somebody to make a: theater for you and then turn around
to another governmental' body and ask for almost a quarter of a million dol-
lars that you should at least be able to show that you're filling a void or
a vacuum. 'I don't think that this is filling a void or a vacuum. I'll leave'
that point to the people that you're going to appoint.
Mayor Ferrer Tell me what other theater there is, tell me another theater
where dance companies can dance in this community.
Mr. Fine: Can dance?
Mayor Ferre: Yes.
Mr. Fine: Well, it is very simple, they were dancing themselves at the Coco=
nut Grove, they don't use it 365 days a year. Dade County has the most mag-
nificent theater downtown which goes wanton and barren constantly..
Mayor Ferre: What facility is that?
Mr. Fine: The Gusman Hall.
Mayor Ferre: That's City of Miami, sir.
Mr. Fine: Oh excuse me, City of Miami.
Mayor Ferre: And it doesn't go wanton, we have a very exciting program that
we're working on.
Mr. Fine: That's in the future.
Mayor Ferre: Right now, this year, this
tJa NOV 2 6 1979
as you well understand, as you know,
season starting this week and that,
of the kind of a place for dance.
Mr. Fine: On the contrary, I do not know that that is a fact.
Mayor Ferre: Well look, it is easy to be against things and we seem to have
a community that has a propensity to be against everything. You know, every
time there is an opportunity, and I don't mean to be casting any disparaging
remarks but people come here and they tell us all the reasons why we cannot
and should not do anything. Every opportunity becomes a problem and I think
it is time to start looking at problems and making opportunities out of them.
Mr. Fine: i'would not be doing what I feel is the proper thing if I did not
come before you and try to tell you and show you exactly what, some of these
things are happening. Now, it is very easy, Mr. Mayor, to hear all of the
people that are in favor of it. You have some wonderful wonderful people,
very well meaning people that are in favor of anything that comes up.,with
the arts. The arts always win out because the arts are next to mom and apple
pie and who is going to be against it. We have Mr. Platt here from the Bur-
ger King Corporation who has done a great deal to support arts in the commun-
ity. I do not want you to feel that I am against this theater, I am against
the possibility of putting these people into an impresario position with pub-
lic funds when public funds are needed for far more important things (1).
(2) What we get, what do we get when, in fact, we split this thing up into
these four items? Mr. Hanley and his group will get, as he said, free -Of-
fices and facilities to operate their business. They ,will get a free facil-
ity in which to sell their goods and services, in this particular case it
happens to be dancing lessons. They will get a free theater to display their
work which I happen to be in favor of and they're asking for these funds to
put them in the position of being impresarios in this community which I really
didn't even want to talk about because I only wanted you to know that that's
necessary in order for them to be able to pay the million and a half dollars
that they project.
Mr. Plummer: How much longer will you take, sir?
Mr. Fine: Five minutes.
Mr. Plummer: You've already had three, sir, and the Charter allows you two
more.
Mr. Fine: All right, and in that case I would refer you to James Roos's
article of Tuesday, October 9th and would hope that each of you'gentleman
would make a note to please read that. Mr. Roos is the music editor of the
Miami Herald and probably the best friend if.not or at least one of the best
friends that Fusion has ever had, calls this a quote "Pie in the Sky Vision'.
Mr. Plummer: Would you furnish that to the Clerk so that he can make copies
available to the Commission? Thank you.
Mr. Fine: He says, but it boggles the mind, the notion that Miami or even
New York could support 52 weeks a.year of dances. It says that it_smacks
of a boondoggle to make a renovated hall a company's new home at tourist
and taxpayer's money. And finally, I'd like to point out to you that it is
very nice to support the arts but when the arts are selling; products as this
group is there are many citizens out there who are running dancing schools
under the free enterprise system and this is in complete contradiction to
the free enterprise system because those people have to pay taxes and those
people have to pay rent and those people have to pay mortgages and their tax
money is going into exactly what this group is asking.; I'm sorry -that I
don't have more time because I had some very interesting things to tell you
about.
Mr. Plummer: You still have more time, sir.
Mr. Fine: I think that the time has come in this community when we should
be looking at this as a different type of program. We should have a theater
but this theater should be for everybody. This theater should be for all
of the arts. We shouldn't be changing as I once made a statement to the
Arts and Science Council, 2,000 years of history. Modern dancers are not
chosen people, modern dancers were not meant to be the chosen people. We
have a ballet, we have a symphony, we have an opera, i would rather hear.
the Miami Boy Choir, the Miami Girl.Chorus and the opera and the symphony and
n1.1 the wonderful cultural organizations we have in town. I.'d rather see this
facility made available to them, they're Miamians: Thank you very much.
Mr. Plummer: Would you please furnish that article to the Clerk so he can
make copies, please? Mr. Fannatto, you're recognized.
94
Nov 261979
Mr. Ernie Fannatto: Ernie Fannatto is my name and I'm President of the
Taxpayer's League 'of Miami and Dade County: Mr, Mayor, I heard you say -you
didn't want to spend money and I commend you for it. .I'm for culture, I'm
for art, I think that Dade. County or:the City of Miami won't be progressive -
unless we have some art but the point about itis how far can we go.:£inanc
Tally? Mr. Hanley, do you mind if I just ask you a couple of questions?
Mr. Plummer: Through the chair, Mr. Fannatto, this is for discussion.BE
Mr. Fannatto: Mr. Hanley,, do you think that this will be a paying proposi
tion? And if it is....
Mr. Plummer: Wait a minute, you've asked a question let's get the answer,
Ernie. Mr. Hanley, will this be a paying proposition?
Mr: Hanley: If by paying you mean will admission be charged, yes. Will it
be_profit making, no, Fusion is chartered as a 501 C-3 organization under,
IRS Code as a not for profit corporation.
Mr. Plummer Do you have any further questions, Mr. Fannatto?
Mr, Fannatto: Yes, I do. Mr. Hanley, you're in the business, approximately
how much.profit would you think this would generate in the course of the
year?
Mr. Plummer He just answered that, Mr. Fannatto, by saying that it is non-
profit.
Mr. Fannatto: Non-profit means that they don't keep the money but it doesn't
mean that:..
Mr. Plummer: No, sir, Non-profit means that it shall not and it does not
make a profit. Your next question?
Mr. Fannatto: Well, let me just answer it thisi way. You know I'm going to
have to fight the battle for the .taxpayers and I'm not going to'run for pub-
lic -office but you know'6% on a million and a half dollars is $90,000 a year
that you have to make up .'.'. And I'm for tourists too but I don't think that
this is a strong enough issue way down here in Dinner Key when we have a theater
in Miami, it's closer. I don't think I would write just about $90,000 off
just to promote these people who are going, to be in the business. As it was
said a minute ago, and I don't think it` is financially feasible to carry this
on.
Mr. Plummer: Thank you, sir.
Mayor Ferre: I'd like to make a brief response. Ernie► if we bring 100 more
people from Venezuela, 100 they spend an average of over $1,000 per tourist
and don't tell me that this isn't going to bring not a hundred but thousands
of other people that will come here.
Mr. Fannatto: I don't know that it is going to bring in thousands, Mr. Mayor,
because a lot of people are here and:they come here. ..
Mayor Ferre: I was just responding to you.
Mr. Plummer: You asked for it - you got.it, baby, where's the man from Burger
King? Pickles, relish and mustard all.
Mr. Fannatto: Well, I don't think it is worth $90,000 a year and I want to
be truthful about it and I say this here. I'm for tourists, that's the name
of the game in Dade County and the City of Miami but you know your fist proj-
ect. that was brought up here today could be good if they come out and give us
the facts and figures and show us how much unemployment and how much money it
is going to generate.- You know, Mayor, if they come out with all of those
figures like they did with everything else they come up there they might have
gotten something and I think if the next meeting if they come out and tell the
truth and to facts and figures and how much money anything is going to gener
ate we might do something for this community because I think it is good but
to be effective they've got to come out and tell the taxpayers how much they're
going to take in so.as to see whether it is enough to generate enough money
to carry a $220,000,000 bond issue. Thank you.
Mr. Plummer: Thank you. Is there any further discussion? Does the motion
need repeating? Call the roll.
95 NOV 2 6 1979
The preceding motion introduced by Mayor Ferre and seconded by Commis-
sioner Lacasa failed to pass by the following vote AYES: Mr. Lacasa and
Mayor Ferre. NOES: Rev. Gibson, Mr. Carollo and Vice -Mayor Plummer.
Mr. Plummer: Now the next motion in order, and this might come:from one
of the negative people. I would like to send this to the Manager to come
back to this Commission and report where he could find outside of City
revenues a million and a half dollars if that is, in fact, what is.needed,
that the facility in; conversion from City use to cultural activities:would`
be not to the exclusive use of any one group and at such time as most of
those answers are given to this Commission that we then would reconsider
our position for the possibility of having a study done.
Rev. Gibson: I'll make that motion.
Mr. Plummer: And I welcome any other comments that you would want to bring.
into that motion. I'm sure that you're going to go away from here thinking
that I am totally negative, I am not. I raised these concerns to you before
and I still raise these concerns. I'm not adverse to any other thinking be-
ing interjected but I do feel that these safeguards have to be given to the
City and if there are no further interjections is there a second to the
motion? Is there a second to the motion? Third and final time, is there a
second to the motion?
Mr. Carollo: Second the motion.
Mr. Plummer: The motion now has a second. Is there any discussion on the
motion?
Mayor Ferre: What are you doing?
Mr. Plummer: Mr. Mayor, ,the motion that I have heard before, that I made or
heard before....
Rev. Gibson That's all right, you made it for me.
Mr. Plummer: All right,- the motion isMr. Mayor, that the:Manager be ins-
tructed to go and try and find a million and a half dollars other, than City
revenues and the second point was that it not be for the exclusive use of:
any one organization and upon the affirmative answer to this Commission of
those two answers this Commission would then reappraise and rethink the
sue for the pursuing of the study which has been requested.
Rev. Gibson: Add to that the phasing out too.
Mr. Plummer: Well, the phasing out, Father, would go because that's what,I
was trying to bring up before:, that -these people whoever the recipients or
anyone would have to understand that before that could be turned over that
the Convention Center would have, and Mr. Grassie, by the way, I think that
there is, and I've not heard -today that there is a motion of policy of this
Commission that before any City facility can be considered for either , it
must be discounted that the City does. not need that facility for City use
and I've not heard that today and, of course, I'm expecting that that will
come back to this Commission. Mr, Lacasa?
Mr,. Lacasa: I have a question for Mr. Hanley. Can you use it under the
terms of this motion? In other words....
Mr. Hanley: Can the project function? Yes, it can,. I think the key that
puu're going to Lind is that if the end result is an attempt at a consortium
project manager..ially it probably would be too cumbersome to work. We feel
confident that the plan is a very stable one and will stand up under quite
a bit of scrutiny so we're very happy to go into further studies. There is
a time constraint problem and we'd like to move with expediency.
is -
Mr. Plummer: Well, that would be, of course, up to the Manager to come
as quickly as possible. All right, further discussion?
Mayor Ferre: Read the motion.
Mr. Ongie: The motion would be to send;this back to the City Manager with'
instructions that he attempt to find outside of City revenues 1.5 million.
dollars, that the transition of the use of Bayfront Park Auditorium from
present City use to cultural uses would not be to the exclusive use of any
Nov 2 6 1979
one group or agency and that at such time as the answers to the questions
posed by the above is rendered by the City Manager the City Commission at
that time would consider the hiring of a consultant to further study the
proposal
Mr Plummer: Correct.
Mayor Ferre':
Mr. Plummer:
on tabling of
Mayor Ferre:
I'm going to move to table that.
All right, a motion to table. There
a motion, call the roll to table.
Wait a moment, wait a moment.
1
is no further discussion
Mr. Plummer: There is no further discussion on a motion to table.
Mayor Ferre: Will you give me the courtesy of 30 seconds?
Mr. Plummer: Oh yes, sir.
Mayor Ferre: All right, I withdraw my motion.
Mr. Plummer: All right,the motion to table has been withdrawn, we're now
back to the main motion. Any further discussion? Hearing none, call the
roll.
The following motion was introduced by Commissioner Plummer who moved
its adoption:
MOTION NO. 79-791
A MOTION TO REFER A REQUEST MADE BY THE FUSION DANCE COM
PANY, INC. REGARDING FUTURE USE OF BAYFRONT PARK AUDITORIUM
TO THE CITY MANAGER REQUESTING THAT HE STUDY POSSIBLE FUND-
ING IN AN AMOUNT NOT TO EXCEED $1,500,000 FROM SOURCES
OTHER THAN CITY REVENUES TO ACCOMPLISH THE REQUESTED RE-
MODELING OF BAYFRONT PARK AUDITORIUM THAT IF THE PLAN IS
IMPLEMENTED FOR THE CONVERSION OF BAYFRONT PARK AUDITORIUM
FROM ITS PRESENT USE TO CULTURAL USES THAT SUCH USE WOULD
NOT BE TO THE EXCLUSION OF ANY ONE GROUP, PROVIDED FURTHER
THAT AT SUCH TIME AS RECOMMENDATIONS ARE RECEIVED FROM THE
CITY MANAGER, THE CITY COMMISSION SHALL, AT THAT TIME, CON-
SIDER THE HIRING OF A CONSULTANT TO STUDY AND MAKE RECOM-
MENDATIONS ON THIS PROPOSAL.
Upon being seconded by Commissioner Carollo, the motion was passed and.
adopted by the following vote -
AYES: Commissioner Joe Carollo.
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore Gibson
Vice -Mayor J. L. Plummer, Jr.
NOES: Mayor Maurice A. Ferre.
9
N O V 2 61979
31 - PERSONAL APPEARANCE DR. GEORGE SIMPSON OF THE
NEW FIRST HORIZONS DEVELOPMENT, INC. TO PRESENT
RECOMMENDATIONS FOR REDEVELOPMENT ACTIVITIES IN
MODEL CITIES.
a
Dr. George Simpson: Thank you, Mayor Ferre and Commissioners, let me first
express my appreciation to this Commission for allowing us to come before you
to explain the community project and to solicit your support. My name is
George A. Simpson and I have practiced surgery in Miami for the past 21 years.
For the past three years I have been Chairman of the Board for Christian Hos-
pital which is now located at N.W. 47th Street at N.W. 32nd Avenue in what is
known as Brownsville. Christian Hospital was formed in 1920 and since that
time has been giving continuous service to the community which makes it one of
the oldest institutions giving continuous service in the whole community and
certainly one of the oldest hospitals. It was originally located at N.W. 1st
Place and 12th Street in what was known as Overtown or Central Negro District
and what is now known as Culmer or Washington Heights. For over 30 years it
was the only hospital where black doctors were allowed to treat their patients
in this County. With urban renewal and highway construction in the Overtown
area Christian Hospital had to move in 1959 to its present location in Browns-
ville to better serve its patients and clients. Now every hospital in Dade
County which is over 10 years old has had to expand and modify its plant and
services to better serve the needs of the People in this area. This is true
also for Christian Hospital. However, Christian. Hospital servies a unique
population and area and always has. In addition to improving the hospital
the Board has seen the dire need to assist in improving the heighborhood and
the economic situation of the people in the area if they are truly to be able
to take advantage of better health care in the heighborhood. Christian hos-
pital has always existed in a poor and minority area, predominantly black.
This has been true of other hospitals in other parts of the country in so
called inner city areas of large cities and these institutions have often
responded to the problem by moving out of the poorer areas into a different
community. Christian Hospital sees the need to preserve the history and trad-
ition of a service oriented institution in the poor community at a time when
such institutions are disappearing -rapidly. Now we're located in the model
Citiesarea and we see' these three aspects to the problem which confronts the
hospital and the community. First, an improved physical facility for the
hospital. (2) An increase in bed capacity. (3) An improvement in the sur-
rounding community in the way of housing, business and jobs as a stimulus to
growth and reversal of stagnation and blight in the area. Now we have re-
searched this situation and we find that after talking to neighborhood people
and to leaders in the area that these eight things arenecessary for this
type of improvement. First, housing for the elderly. Now what we came to
the conclusion was that we need a community service base complex, multi- pur-
pose..
Mr. Plummer: Sir, may I stop you? I would like to take a recess at this point,
the Commission is not all here and let's wait and get the commission all back
because I think it is a very very important thing that you're going to be dis-
cussing.
Thereupon the City Commission took a brief recess.
Mayor Ferre: would you all please take your seats? And Dr. Simpson, with
our apologies for not paying attention to you before and for our rudeness.
We will now listen to you, sir, go ahead.
1)t . ;;iin1'son: Thank' you, Mr. Mayor. I'm going to make it perhaps briefer.
Thi.t e i:. d svut:ion of this town which is in economic depression and blighted.
1t':; celled the Model Cities area. There is a piece of land, a section of
lend in that area which is called the shell City site which for the last ten
years nothing has happened on and there have been many attempts to find a use
for it and none have been acceptable. There is a group of people in this town
who have a need for several things - jobs, economic stimulation of the area
and improved health services. These people are poor people many of them and
they also live in the Model City area. There is an institution in that area
which has been giving service since 1920 as I said, and which like every other
institution needs to be preserved as a service rendering institution and im-
proved to continue to give good service. All of these things come together
in the multi -purpose communitybased complex that we're talking about for the
improvement of all of these situations, the use of this land, the improvement
98
NOV 261979
of the economic and service rendering capacity, in that community and the
improvement of this Christian Hospital and that is what we're talking about.
These eight things can be accomplished in this complex that we propose to
have your support on. Housing for the elderly in this area, housing for
families including rent subsidy housing, business and commercial areas to
service the surrounding community, replacement of Christian Hospital with a
new 100 bed structure, a small extended care facility, adjacent to the hos-
pital, a day care center for children to service the children of people in
that area who are working► an HMO organization to based at the hospital and
to utilize areas and positions in the area and who would be able to give
improved in -patient as well as out -patient health care to the people in this
area at a reduced cost which would be health dollar savings. The only feas-
ible site we found for this service based complex is the Shell City site.,
now this is owned by the County but it is in the City of. Miami. ,Christian
Hospital Board has authorized New First Horizons as the developmental group
to carry out this plan. A complex such as this of housing, commercial and
hospital facilities should provide at least 500 jobs in the area which is
now blighted and would also act as a stimulus to development of economic
improvement in that area. Now the residents of this area are especially
sensitive to the high percentage of poor and Medicaide type'patients in the
Model City area and their options for health care are limited greatly be-
cause many of the hospitals in the area do not accept Medicaide patients and
when they do these people do not have the insurance benefits to enable them
to get first class care. We're going to need the support of all of our
elected officials to get these plans completed because we depend heavily on
governmental sources for acquisition of the land, for getting housing allo-
cations and for securing permits and. zoning. We, therefore, ask this com-
mission for an expression of approval of this project so that the other steps
can be facilitated. I have with me our architect,. Mr. Tony Rodriguez who
will show you the complex as we have outlined it and we have presented this
to other community groups and leaders in the community and they've all ap-
proved it almost without exception. Tony.
Mr. Tony Rodriguez:. Thank you, Mr .Mayor and members of the Commission. As
Dr..Simpson mentioned the main idea and the main concept here is not only to
build a new health facility but also to actually rehabilitate the existing.
area which as we all know has lost the potential it has had for the;ten years.
Nothing has happened there. After studying the site for quite some time we
came to the conclusion that the best way to achieve this was through a.good
mix of uses such as we propose here, commercial, residential and the health
facilities. On the first exhibit we see there you get a pretty good picture
of what the entire site would look like. It shows the hospital at the fore
ground, the housing facilities for families, it shows the two elderly housing
towers, 50 units apiece, that's 100 units for the elderly and the commercial
at the background. Perhaps the site plan on the exhibit two would give you
a pretty good idea of how everything is related to the site itself. At the
site plan you would see, for example, I-95 as Dr. Simpson will show you, the
other one is N.W. 7th Avenue. Of course, we thought that -.the most logical
location for the commercial to be located was right along N.W. 7th Avenue.
The hospital is located at that -particular position due to the accessibility.
to the on -ramp at the expressway on 62nd The two units for the,elderly are
located, as Dr. Simpson is showing you, right in the middle of that we also
have a child care facility. The reason we did that was for two things (1)
for the people and the families to be able to leave for work and leave their
children at that facility, (2) it would also , it seems to us like it would
be a good idea for the elderly in the. towers to participate on a voluntary
capacity to help take care of the kids and thus feel again like they are do-
ing something good for .the community. We'll go very fast through the next
exhibits, the next one is just a typical lay -out for one of the hospital
floors and at the next one we have a typical lay -out of one, of the elderly
towers. Again we have two of those, 50 units apiece. The next exhibit,
it's a typical apartment unit in which you only find, the biggest apartment
unit that we have, the biggest building we have is a 12 unit building. What
we are trying to achieve here is low density, we're not trying to create
big two and three hundred apartment buildings but something with a very
residential low density scale.
Di. Simpson: Thank you very much, Tony. One member of our group is Mr.
sonny Wright who may have some remarks concerning that he's been a realtor
in the area and been doing community work for many years.
Mayor Ferre: All right, Mr. Wright.
99
NOV 2 u 1979
Mr. Sonny Wright: The writer Jams Baldwin once said that his grandfather'
said, "Be careful what you set your heart upon for it shall surely be yours".
Mr. Mayor and members of' the Commission, I would first like to congratulate
you all on your recent victories and say to you that your's is not an'easy
tas:;. I would also like to share with you my pleasure in learning of your
commitment to correct some of the inequities which have existed in this.
City far too long. I want you to know that I believe you, I'have every con-
fidence that you will do your best to keep your commitment. As for this,
project, without reviewing the history of the property which I'm sure you're
all familiar with, I would hope that you would see fit to be supportive -of
this development and give us the benefit of your advice and counsel -when
needed. Everyone knows that there has been years of neglect and lack of con-
sideration for the people of this area. I for one do not expect these'prob
lems to be resolved over night but I do hope and expect that they will be
resolved. As in the proverbial journey of the thousand miles there has to
be a first step even if that step is long overdue. Today we are taking that
first step not only for this project which we feel is needed and will serve
the community well but for the development of the entire community. I would
like to believe that you share with me the concerns that I and a lot of other
people in this community have that this City is going to be the great City
which it is destined to become then it requires the development of the entire
city, it requires your support and that of the people of the City of Miami.
Mr. Mayor, Commissioners, again we'd like to thank you for allowing us this
time to come before you.
Mayor Ferre: All right. Dr. Simpson.
Dr. Simpson: If there are any questions, we are soliciting an expression of
approval of this project from the County from the City Commission so that we
can proceed to the other necessary steps.
Mayor Ferrer What is the will of this Commission?
Mr. Lacasa: I would like to move for that expression of approval on the part
of the City Commission, I do believe that this project has a lot merits and
I commend you people for bringing this to our attention and giving us the
opportunity work with you on this so I move it.
Mr. Carollo: I'd like to second that motion.
Mayor Ferre: All right, is there further discussion?
Mr. Grassier Mr. Mayor, I think that the .City Commission needs to put on the
record this is a good project but you need to put on the record that you re-
serve your right to. reconsider any zoning questions which may come up in the
future, it's understood.
Mayor Ferrer And also that this is only a very preliminary thing like I was
trying to do with the Fusion thing: This is no way binding in any other way
other than we're expressing ourselves as being in principle for the proper
development -in this sense.
Mr. Lacasa: I make that as part of my motion.
Mayor Ferre: Is there further discussion? Call the roll.
The following motion was introduced by Commissioner Lacasa who moved
its adoption:
MOTION NO. 79-792
A M( TION TO APPROVE IN PRINCIPLE TIME PLAN OF THE NEW FIRST
IIORl:5UNS DEVELOPMENT, INC. FOR REDEVELOPMENT OF THE FORMER
SHELL CITY SITE IN THE MODEL CITIES AREA FOR HOSPITALS AND
HOUSING FOR THE ELDERLY USES.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore Gibson
Vice -Mayor .J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
boo
Nova 61979
32. PERSONAL APPEARANCE OF CARRIE LEE ROGERS, VICE
PRESIDENT OF ALLAPATTAH TENANTS COUNCIL CON-
STRUCTION OF A MINI PARK AT N.W. 21 AVENUE AT 19TH
STREET.
Mayor Ferre: Carrie Lee Rogers, vice President of Allapattah Tenants.
Ms. Carrie Lee Rogers: Mayor Ferre and City Commission, my name is Carrie
Lee Rogers, I'm the Vice President of the Tenant Council of Allapattah. I'm
coming in front of the board, I was here in January concerning a mini park
for our community located at 21 Avenue and 19 Terrace. At that time when I
was here Rose Gordon said to the Board let's lay this plan right now. It
was a plan for the mini park in January from the Board. By July she said that
the construction of the mini park would go on.. ....the money that we had,
from the Community Development Board,;I talked with the Community Development
Board and they said that they had $112,000 that they could go ahead on with
the mini park. Now we are here today, we want to know from the board will
this mini park go ahead on?
Mayor Ferre: Mr. Grassie?
Mr. Grassie: At the instruction of the City Commission, Mr. Mayor and members
of the Commission, we have initiated the first steps in acquiring the property,
appraisals have been commissioned already by the City, we anticipate that they
will be completed by January of 1980, at that point we will begin negotiations
with the property owners to acquire the property and the answer to your ques-
tion, ma'am, is yes, the project is going forward.
Ms. Rogers: Can I get an answer, some idea of how long this mini park will
go on? Because we've been talking about this mini park for the last past two
years. I was down here in January and we were supposed to get some kind of
construction going on in July - nothing has happened yet and we are back down
here now and it is near January again, that we will have this mini park around
1980?
Mr. Grassie: Well, as I indicated to You the process of getting the appraisals
will take over 45 days, after that we have to go through the negotiating proc-
ess with the property owners and hopefully we won't have to go to condemnation
with them. If that is successful I would'say it will take about 45 days.'
After that, we will design it in house and build it with City forces, it will
take 5 months to get it done. If we go to contract it will take approximately
8 months to get it done.after the process of acquiring the property so what you
have is mid January, the end of February and between five to eight months added
on top of that. So if you want to be safe I would say the end of 1980 you
ought to see the project open.
Ms. Rogers: Thank you, cause I would just like to say to the Board I'm very
concerned about my community. I see where we really need this mini' park for
our kids. We've got this land laying there, grasses just keep growing, keep
growing and the snakes and the bugs and the rats and everything they just
keep crawling and we don't have no way there for our children to sit or no-
where for them to play. They are in the parking lots there on cars and rub-
bing the paint off of people's cars when we've got all of these vacant lots
laying there and we really need this mini park and there's no way.that we
can get-- This has been going on for two years and we've been in front of
the Board now a year and it looks like nothing, look like it could go a lit-
tle bit faster.
Rev. Gibson: My dear, the Manager just told you it takes some time to ap-
praise that property ancj negotiate. I can only say you can trust him for
that and the fact that he has already started, he has already indicated to you
that within a reasonable, length of time you will get the park. The fact that
the Commission has taken the action it has you aren't going to need to worry
other than time may, not be what you want. Your time may; not the Manager's
time. The Manager has to go step by step by step and then after all of that
we are looking to do that in six months, you call and find how far the Man-
ager has . gone or you can call me, L' 11 be glad to tell you.
Ms. Rogers: So -we call you somewhere around July of 1980?
Rev. Gibson: Beautiful.
101
NOV 2 6 1979
Ms. Rogers: Beautiful.
Rev. Gibson: It takes you 45 days to go through the appraisal of the property
and then after that the design and all that business before they could build
the park. So you call here in six months, I'll give you my, number. You got
a pencil? If you'll give me the sheet when you're through I'll give you my
number and you be sure to call me and I'll keep you appraised of the progress
,.,.. I -hope, Mr. Grassie, that does....
Ms. Rogers:, Thank you.
Mr. Plummer: Mr. Mayor, she has concluded.
33. PERSONAL APPEARANCE OF WM G. SAWYER, CHAIRMAN OF THE
MIAM I WATERFRONT BOARD; DIRECT CITY MANAGER TO
FINALIZE DETAILS DETAILS WITH BISCAYNE RECREATION
DEVELOPMENT CO. AND BRING BACK TO CITY COMMISSION.
Mayor Ferre: All right, we're now with Mr. Sawyer and I"apologize, Mr. Sawyer,
for the long delay. Mould you step forward as Chairman of the Miami Water-
front board, and we'd likd to receive your recommendations at this time.
Mr. William G. Sawyer: Thank you, I'm William G. Sawyer, Chairman of the Miami
Waterfront Board. Mr. Mayor and Commissioners, I want to make a statement to
you that at its meeting Wednesday, November 21st the Waterfront Board held dis-
cussions at length with Assistant Manager Fosmoen and staff on the terms of a
proposed contract for management of Dinner Key Marina by Biscayne Recreation
and Development Company at the conclusion of those discussions the Waterfront
Board voted 7 to 1, one member being absent to recommend that the City enter
into an agreement with Biscayne recreation Development Company for the consulta-
tion, renovation, construction and management of Dinner Key Marina and that in
addition the proposed currently amended and revised contract with Biscayne
Recreation Development Company be signed. I'd like to appraise the Commission
that this action of the board was a culmination of almost six months of investi-
gation, discussions and hearings by the board. There was input from the public,
there were presentations by engineers and consultants and staff and several
members of the Board themselves made trips to various places in the United
States to inspect, examine facilities of other marinas and the mode of oper-
ation of those marinas. The point is we think sufficient time and effort has
been expended on resolving this issue. I think it is also noteworthy to bring
to your attention that several organizations of business people and marind groups
have appeared before you in addition to our Waterfront Board recommendation to
let you know they are in favor of a management contract with a private company.
I'd like to remind you that on January 18th the Marine Council Board of Direct-
ors passed the following resolution and presented it to this Commission: After
having reviewed various plans from the original bidders as well as the aspects
of a public trust as presented by the committee advocating the trust and the
specific contract between Biscayne Recreation Corp. and the City before the Com-:
mission this evening the Marine Council endorses and recommends that the City
Commission award the proposed management contract to Biscayne Recreation Develop-
ment Corporation for the management of Dinner Key. In addition to that, quoting
from your Clerk's report of February 22nd, Mr. Jack Lowell, then President of
the Coconut Grove Chamber of Commerce appeared before you stating, "I am Presi-
dent of Coconut Grove Chamber of, Commerce, I represent 167 firms and individ-
uals doing business in Coconut Grove including the major financial institutions,
Mercy Hospital, Coconut Grove Playhouse and all of the major businesses in this
area. I am here to tell you that the Coconut Grove Chamber of Commerce Board
has unanimously voted in favor of having expansion of Dinner Key by private
enterprise and not through public trust or by the City itself. I have been
here before to tell you that and through several public hearings to tell you
that that is the position of the merchants and individuals doing business in
Coconut Grove." The present President of the Coconut Grove Chamber of Com-
merce is Mr. Stuart Sorg who sits on our board and voted in favor of the pro-
posal which I've just recommended to you for the Board. I. think that is note-
worthy, I think the general consensus of the board, almost the overwhelming
majority of. the Board feels that this issue, the approval of the contract,
the signing of the contract, the implementing of the contract with the private
company, Biscayne Recreation Development Corp. should be approached with all
dispatch and implementation. Thank you..
Mayor Ferre: All right, thank you very ;ouch, Mr.
102
tions of Mr. Sawyer?
Mr. Plummer: Who was the negative vote?
Mr. Sawyer: The negative vote was Mr. Dixon.
Mr. Plummer: Mr. Dixon representing?
Mr. Sawyer: The Dinner Key Tenants group I would presume and himself, I would
not presume to put thoughts in his mind.
Mayor Ferre: No, he represents the tenants of Dinner Key. All right, I
promised Mr. Roth that I would recognize him first. Mr. Roth.
Mr. Fred Roth: Thank you, Mr. Mayor. For the record, Mr. Dixon does not
represent Dinner Key on the Waterfront Board, he was the at large member.. I
think there were two at large members that you appointed, he was one of the.
at large. The man who represents the marinas was Mr. Anderson, just for the
record.
Mr. Plummer: But also for the record, Mr. Dixon is a tenant at Dinner Key.
I didn't hear your answer.
Mr. Roth: Yes, Mr. Plummer, you are absolutely correct.
Mr. Plummer: Thank you, sir.
Mr. Roth: My name is Fred Roth. I would like to make two sets of comments
if I might tonight, one in my capacity as the Chairman of the Marina Opera-
tions Review Committee which is a citizens advisory board again primarily
users, all users of Miamarina and Dinner Key.
Mayor Ferrer. Advisory to the Manager, is that the ---
Mr. Roth: That was appointed by the City Manager over a year ago to provide
him with some input and some direction.
Mayor Ferrer Mr. Roth, how long do you think your statement will take?
Mr. Roth: Five minutes at the most, hopefully. Then I would like also to
make some comments on my own not as Chairman of that Board. The Board, the •
Marina Operations Review Committee still has some objections to the contract
which I would like to relay to you. (1) That the contract is too long, ten
years with a five year option is contrary to the resolution adopted by the
City Commission in July of-.1978, that resolution. which was sponsored by Father
Gibson and was in direct response to a question put,by Father Gibson to the
company. I would like to refer to Biscayne Recreation as the company since
this is the way the contract refers to it. Father Gibson's question which is
on the tape said, "Would you be willing to accept a four year management con-
tract?" The answer to Father Gibson was in the affirmative and it was that
motion which gave rise to the City Manager's authority to negotiate this con-
tract that you have in front of you. We still question why this has turned
into a 15 year contract instead of a 4 year contract. There is no great cap-
ital contribution by the the company until and unless permitting takes place.
At that point maybe there is a reason for 15 years but at. this point permitting
is pure conjecture and I just don't belive nor does the committee believe that
it is necessary to sign a 15 year contract. Paragraph 3(n) of the contract I`
think probably was not deleted through oversight, this is the paragraph that
deals with the authority of, gives the company the permission to operate a
boat brokerage business from Dinner Key Marina. We've been against thisfrom
the beginning, if my memory serves me right, Commissioner Plummer, you were
against it. I.think that now under the latest contract that I received any-.
way and I received it Wednesday night, further along in the contract it says
they may get that 5% only when there are additional slips built here.` My
copy of the contract still shows this as one of the services under 3(n) and
1 think _probably that is going to be deleted in the new contract, I would
hope so. ihe,third point that the Committee wouldlike to make is that:;a
management fee of 10% is excessive. With the City, and this is important
to understand, that the City is paying all of the operating expenses, the
10% is purely profit. While there are no companies in the area who special-
ize in marina management or At least none we wre able to find, if we look at
office buildings with which I've had some experience as a property manager
of•the Franklin Plaza Building in Coral Gables and have talked with many
certified property managers, they . came up with a figure of 5 to 7%.
We the committee would like you to think twice about that 107 on ton of all
of the expenses being paid. We think it is pretty heavy and if you go on
103
NOV 2 6 1979
down the road to afterlk `.rmitting the price goes up frc(1.0% plus one tenth
of the additional dockage plus 50% of the profits. You Le going to pay a
pretty good price under this contract. Now, I'd like to just address myself
for a moment and before I leave that point, the Committee has two concerns
that have not been addressed in this contract. (1) Is the live aboard sit-
uation. There has been some correspondence which we're all aware of, some
people think they know from where it came but that's beside the point. They
are concerned about their status as live aboards They do pay a premium to
live aboard which if it comes to this we'll address ourselves to this at a
later date. We do have facts and figures to support the fact that they do
pay their own way. But, I just received also a copy of the new budget and
this is the big concern that we have with the, way this contract, one provi-
sion of this contract. This contract, as I said, the City must; pay all the
operating expenses based on the budget then in effect. I just received a
copy of the new budget and this may come as a surprise to a lot of my friends
and neighbors but the anticipated increase in the budget for Dinner Key Mar-
ina is $109,507. That's a 20.7% increase in dock rates because we have to
pay for it. There is another important item that I think you should look
at and have in mind as you consider this contract. The total personnel ser-
vices for Dinner Key Marina, purely Dinner Key in this coming year. budgeted
is $284,000 against revenues of approximately $500,000. This is why I've
changed my position. In a year, as you all well know, I've stood before
you on many occasions before and have vehemently fought aeainst the leasing
of Dinner Key Marina but something has to be 'done. Costs are running away
with us out there. When we spend $284,000 for labor against $500,000 worth
of revenue and we have a situation that you're all aware of, a deteriorat-
ing marina, something is wrong.;' It's time now then to think about a change
but please, if you will, if I have given you no other facts look at that
part of the contract that says you and I are going to pay` all their operat-
ing expenses and then on top of that; give them the profit. I think that'the
management fee, one other point if you will, please, Mr. Mayor, I think that
the management fee ought to come out of present operating expenses. They
must be able to go in there and make those savings somewhere and there's over
$70,000 in Pension Fund contributions alone. The management fee in the first
year is going to be about $50,000, it ought to come from there and not be
added to $600,000 worth of expenses. Thank you for your attention.
Mayor Ferre: Thank. you, Mr. Roth. The next speaker is Ernie Senatore,
President of the Miami Marinas Associates. I'll tell you, would the other
speakers submit their names to the Clerk so that....>
Mr. Ernie Senatore: I'rn Ernie Senatore, I'm the President of the Miami
Marinas Association and what L have done is had a chance to review the cur-
rent lease, I got the lease on Wednesday just before the Waterfront Board
Meeting, -I did attend the Waterfront Board Meeting where this lease was
read with Mr. Fosmoen present and I would like to take an opportunity to
advise some of the Commissioners if I could on some of the things that I
feel are some shortcomings in here which are not addressed in the current
management agreement. = One of the major issues'I see thatis not covered at
all is in terms of transient boats. Okay? Right now the marina collects
moneys for transient boats, in other words a boat that comes into a slip
when'. the owner of that slip is let's say on a vacation. Okay? There is
no distribution of those funds, no mention of how those funds will be,
the distribution of those funds will take Place in the current contract.
Also the current contract does not indicate if we do go to separately
metered utilities which it is implying that there will be a way that the
tenant himself, the owner of the slip will be reimbursed for the use of
electricity by a tenant by a transient boat. The other thing;I noticed in
the contract, and I' feel it is of certain interest is that there is no
avenue for communications provided our Waterfront Board, my Association,
etc. for following up on the projects, grievances if there are grievances
andany of this, it's not, covered in the contract whatsoever. There is no
avenue of communication, what we have is a workings between the company,,
Biscayne Recreation and the City Manager's Office with no input from the out-
side groups, the boards you appointed. I want to take one other issue and
that is the live aboard issue and I' don't want to beat a dead horse or any of
that, what I'd .like—.
Mayor. Ferre: The what issue?
Mr. Senatore: The live aboards. The contract does not in any way shape or
form deal with that issue whether it is a percentage, whether the current
people living in the marina will be allowed to continue to live in the mar-
ina under a grandfather type clause, whether they'll be put out by attrition,
l'd like to see some kind of plan in the contract for that issue and one of
the things that I..
104
NOV 2<6 1979
Mayor Ferre: What do you mean, are you against the live aboard?
Mr. Senatore: No, what I'm saying is that I think if the Biscayne Recrea
tion Management Agreement should specifically state, what its position is in
terms of the live aboard. The agreement is such that we should make some
provisions if they are going to say take out live aboards, then the provi-
sion should be there to allow the existing people a grandfather type clause
or....
Mayor Ferre: Are you a live aboard?
Mr.Senatore: Yes, I am, sir, I don't want that to prejudice your position.
One other thing that I noticed, that the contract here, as far as the rate
is concerned and I'm not talking about the physical rate itself, in other
words how much we're being charged, I noticed the rate is recommended by the
company to the City Manager's Office and there is no contractual obligation
to have you gentlemen sit on that committee here and sit down and talk about
the rate. In other words it is something that is between the City Manager
and Biscayne Recreation and I feel that the public should have input into
the rates as well as a. public record made of the operating expenses on a
quarterly basis so that we can see that the management firm is, in fact, pro-
viding the City with the services they desire in terms of profit potential
and management of the marina to make it a first class marina operation. And
the last issue I think that I might be of some concern is who are the stock.
holders in the corporation, Biscayne Recreation, what percentage of the cor-
poration do they own and what kind of voting powers do they have. That should
be on file.I feel somewhere in the City and also we should have a list of the
concessionaires that the company is now talking to in hopes that we can find
out what the concessionaires are and who they are going to bring in. I think
the company has been adequately protected in the contract but I feel the City
has not been adequately protected because there is no provision to terminate
the lease early. The contract reads that you can terminate the agreement
after the ten years if they are unsatisfactory during some speriod of that time
but there is no review plan specifically with performance criteria within this
management contract for the company. In other words there is no criteria what-
soever that we can base their performance on other than the cleanliness of the
docks and I think that the City there does not have the teeth in the contract
that it should have so that they can say at one point in time, "We're dissatis-
fied with it and we would like to cancel the agreement or work it out There
is no provision in the contract for that. I want to take one other point, and
I know you didn't have a chance probably to read the contract in its entirety
but one of the things is it says here the fees charged by the company to desig-
nate a contractor shall be no greater than total normal daily rental in effect
for the slips during these boat shows and I think the City is missing an oppor-
tunity here to enjoy more revenue for the boat show slips if they are going to
you know move people around and inconvenience people in terms of getting for
the boat show, they should really enjoy a greater amount of revenue, the City
tat is than just the daily slip rental. And the last issue here deals with
the issue that Mr. Roth addressed and that's the terms of the 5% of the lineage
footage. The contract should be much more explicit as to the plan of imple-
mentation if they do get those slips. In other words right now we have no
plan, are they going to get the next 25 available slips when the marina facil-
ity is increased? In other words, not allowing the public to have the oppor-
tunity to get those 25 slips, are they going to take existing slips as you
vacate that slip basis or what? In other words there is no plan in this agree-
ment to tell anybody what they're proposing to do as far as how the slips will
be designated when they do take those 25 or 30 slips or whatever the 5% will
work out to be and I think that might be something to be considered in the
contracts. I want to thank you for your time.
Mayor Ferre: Okay. I've got eight questions that you've asked and we'll get
to them after we've heard the other speakers.
Mr.Senatore: Thank you very much.
Mayor Ferre: Next speaker, Mr. Walter Jackson.
Mr. Walter Jackson: 'I am here. This morning, Mr. Mayor, you mentioned the
long process that we have been going through and it has been an arduous one
at times'but I want to say that I think this is democracy at work and I
enjoy coming to these meetings because..this is a good example of democracy
at work. It takes longer but you get everybody point of. view and I think
that is important. Now this great democracy of ours is concerned about
Nov 2 61979
105
people, all kinds of fTpie. We've been especially cci,-srned about the poor,
the minorities. When an area of this City is rebuilt, as I understand it,
we don't push anybody out we make sure that we have found another place for
them to live. When I drove down Grand Avenue a year ago there was one house
left in several blocks and I read later that there was an old lady there who
had not yet accepted the place that the City had found for her. Eventually
they found her a place that she thought was good enough. Now some of us, have
been at Coconut Grove Marina good many years. I started living there part
time in 196B. There is a man on our dock who was born in Coconut Grove and
has lived in the marina all of his adult life. He is a resident of that mar-
ina and has been for many years. I'm raising a question that has already
been raised. What provision is there in this contract to protect the resi-
dents on those docks, the live in people? I. see great effort going on for
the Commission to protect the City but what is there in this contract that
protects the places we have on those docks? It was mentioned this morning
that Ft. Lauderdale has become a great marina area. This is true and places
like Bahia Mar live on marinas. Ft. Lauderdale, most of the marinas in Ft.
Lauderdale are live aboard marinas. I'm wondering if under the section in
this agreement starting on page 10, section (f) where it talks about the
company as manager, what about a clause that says the current percentage, of
live aboards in relation to non -live aboards shall be maintained and a clause
that says residents on the docks shall not be evicted without good cause.
I submit to you, Mr. Mayor, that we want this new operation to run smoothly.
Thank you for your time.
Mayer Ferre: All right, Jean Senatore.
Ms. Jean Senatore: I'll have to stand on my tip toes as I am very short.
Thank you for your time. Just to give you an idea, my background is in
sales and the first thing that we learn in sa.,�s is to show a pretty pic-
ture for the buyer and the pretty picture in case is the forecasted
revenues for the City over a duration of time. As the situation arises in
any sales environment, you do not always find a buyer that is flattered with
the forecasting picture because how often does a forecast come true? But
rather what is in it for me today? If an organization is going to take care
of or represent the City in the best interest the amount of money that
should be up front, so to say, should be a lot, greater than what is current-
ly being proposed because as it goes only to say, the buck stops here, the
buck stops with the City Commission and whatever decisions are based are
based finally -in your laps and you cannot afford for their mistake for some-
thing that would be very costly. Once again, going back to the sales pres-
entation, don't show me what is going to happen a year, two years, three
years or ten years from now, show me what is going to happen as far as how
the City is going to profit,how are the participants in the City of Miami
going to profit out of this, not just the personal profit of the organiza-
tion involved getting a cut for their management expertise involved? It` is
as we all know a highly hot issue in the City. A lot of people are involved
in the marinas whether live aboard status or not but once again I feel that
you should not always look at the picture as the forecasted outcome of this
because once again even in any sales environment every buyer, in this case
it's a buyer, but the order is resting on your desk to be signed and in this
case you're putting out a lot of money for a hunch. Thank you.
Mayor Ferre: All right, Mr Rich Brown.
Mr. Rich Brown: Yes, sir, I'd like to talk briefly about a different aspect
there. I"think one of the things that has been a bit of a problem is the
concern for the users, especially the residents and part time, residents that
what we have there will be lost. And what we have is a community. really in
the finest sense of the word we have a microcosm of Miami there, everybody
from full time residents to part time residents to Charterers to people who
just come down' for the weekends and people that just come down and just walk
up and down the pier during the day and evening. The people there are every-
thing from professionals to laborers, from senior citizens to school kids,
whites, hispanics, blacks, it is a wonderful sense of people helping each
other sharing a common interest and working together to Provide assistance
and security. Itis also a wonderful place to live and for many of us it is
probably the nicest place that we can afford to live. I think anything that
happens that will try to price us out or force us out of where we live and
that sense of community which is very enjoyable and an important part of the
quality of our lives will be resisted and I think a lot of what you're seeing
here is uncertainty about' what is going to happen the community on Dinner Key
and that is one of my concerns.
Mayor Ferro: Thank you, Mr. Brown. Mr. Larry, Weitzel.
1.06 NOV 2c1979
Mr. Larry Weitzel: I'm Larry Weitzel, 3124 Center Street. I'm also a resi-
dent of the marina. Almost every point that I wish to bring up has been
covered by the previous speakers. I have two points. Mr. Mayor, presently:
the property owners, taxpayers enjoy a 20% discount on rates. I see no pro-
vision in the contract for a continuance of that 20% discount. Without it
my slip as an example would go from $200 a month to $275 and with utilities
figured at $50 per month my increase would be approximately 6211%. That is
one point I would like to put up for consideration.in the contract. The
other is if they're going to initiate sales of fuel and groceries at the
old Seminole location, when Seminole was in operation on weekends if you
lived on Pier 5 which is my present location, the wakes from people running
in to get a quick beer or fuel or whatever made it almost dangerous to be
on your boat because of the rocking motion of the boat. I'd like to see that
the company be charged with wake control if they are given the charter to
have another operation at Seminole. That's basically the only things I had.
Thank you.
Mayor Ferre: Thank you.
Mr. Bill Moquin: My name is Bill Moquin and I'm a resident of Dinner Key.
I've been a tenant for about nine years here and I've been ,a lot of marinas
both public ones and private ones here in the United States and foreign ones
and in general, gentlemen, I'm pretty satisfied with. this operation. I
haven't seen any marina that I would prefer to be in that includes ones which
are more expensive which is generally the case and a few that have been less
expensive. I've seen no showers and cold showers and here you generally can
get a hot shower. So in general I have not been dissatisfied with this. I
have been the representative for Pier 1 for our Tenants' Association from
time to time whenever we have a little meeting and I have asked some of the
other residents and in general they seem to share my view. We are not a dis-
satisfied group. .I know that from time to time we have been a.thorn in your
sides and 1 regret that, I have regretted that on a number of occasions, I
haven't intended to be a thorn. Some of the things that have been addressed
by some of our members have been valid points, there are some things that need
attention in the marina but they seem to be of a minor nature, oh some boards
are loose from time to time and now a dock cart is lost and the showers are
not in tip top shape and the security in the parking lots and I know there
are a number of minor things but there are not a lot of serious things that
are wrong with this marina. Inpoint of fact,_I think there are more things
right than wrong. What I would suggest from the kinds of work in the past
is that perhaps we could make a list or we could do'a review of the marina
operations and make a recommendation as to the things that perhaps ought to
be attended to and our present management staff appraised of those recommend-
ations and asked to get on with the work of: improving the marina. These
people have run it for many years, perhaps they're in a rut in some ways,
perhaps some of the things that you find to be shortcomings and things that
they themselves can correct. I've written reports like that myself where I
have reviewed present operations, found them to'be satisfactory in general
but not in particular and I have made recommendations as to those things
that could be improved.. The present management staff has been appraised of
these recommendations and they have implemented some of those things. I
don't know that that is such a bad way to go. These people do have some
local expertise and familiarity and I think in general most of us have been
very pleased with the operation. Thank you, that's all I really have to say..
Mayor Ferre: All right, the last speaker is Mr. Iaconis.
Mr. Ike Iaconis: Mr. Mayor and Commissioners,. I'm going to be very brief.
There are three major issues that we have before us and in three words they
are management, money, men. We're talking about whether or not the City can
manage the marinas themselves or give it to a management contractor because.
thQ City says it can't manage the marinas itself. We're talking about money
money to t:hc City, money to the management contractor or more money to the
City and we're talking about people, the people in the marinas, the people in
the City of Miami and public land for the public use. And what you have be
fore you unfortunately wasn't available to the public until today, sometime
today. The contract itself as I understand it was discussed a Waterfront
Board on Wednesday evening.— Therefore, from Wednesday to this morning there
was no opportunity for anyone to either review the document or to see if
there is anything that should be discussed further with you. So what you
see here tonight unfortunately is a group of citizens who very very hurriedly
and within the space of the last couple of hours have had a very poor oppor-
tunity to see what this contract really is. Now what we have unfortunately
is a problem. The problem is, as I recall, and I have it second hand, Mr.
107
NOV 2
1979
Plummer had asked a distinguished Assistant City Manager, Mr. Fosmoen this
morning whether this contract was in the best interest of the City. As I
understand it the jury is still waiting for the answer. I think that is a
problem and the problem is, and I'm sure you've taken the time to look over
the contract, or perhaps haven't been aware of some of the more significant
details. Let me bring these to your attention. There is no termination in
this contract for the first ten years. The dock rates are going .to be set
by the City Manager and the contractor, it doesn't have to come to the City'
Commission. A conflict of interest is permitted within the contract. You
are still allowing the 25 slips, 25 full slips, we talk about the clamor of
the people and we talk about 25 slips full slips still for brokerage, a meager
10%, a meager 10% for concession, however, if I read the' contract correctly,`
and it is written very very well to make sure that we don't understand it
very well, it's 0%, there is no money, no fee if the contractor himself sets
up a concession. How can we allow this? Do we want money for the City or'
money for the contractor? What is in the best interest of the City? You're
going to penalize tenants. Now I am a non-liveaboard tenant, I don't live
on my boat although I have a boat at Dinner Key and we're talking about the
possibility that there will be taxes and these taxes will be passed onto the
tenants, isn't that wonderful? So now we have a penalty, along with paying
a higher rate we will also have a penalty.And there will also be another
penalty for individual meters which may not be used by at least right now,
one-third of the tenants who are not live aboards, do not use the electricity
more than a few hours a year perhaps if at all. And in the last ten years
that I have been in the marina I have not used the water and electricity for
more than perhaps four hours in that entire time. So let's get back to
reality. Does the City want to give away the public land as we've talked'
about many times before or can it do it itself? `'I'd .like 'to make some com-
ments concerning that and keep it netted down. One of the problems with the
deteriorating docks as has been expressed by some of the people is because
the City administration has done nothing for the last', three years since We
have been talking about dock rates, since we have been talking about various
actions, one of the factors is don't do anything to the -marinas and they
have been allowed to continue to deteriorate. It was not until the dock
rates were changed that $150,000'fund was put int the dock -rates paid for
by the marina tennants did the first of many hopefully good projects comer
along and that is to repair the pilings. This money did not come from the
City of Miami, it came from the pockets of the tenants who paid, it as part
of their fee yet there was more of that that should have been done that
wasn't. The City administration said don't do anything, let' s just wait
and see. Instead what you have before you is what they did do and I'd
still be interested in Mr. Fosmoen's answer as to whether he considers
that this'is in the best interst of the City because clearly, gentlemen,
this is not in the best interest of the City. If you want dollars and
sense talk about running it yourself with capable management, pay the man
his price as an employee and take all the money. Now let's talk about
money.- As I understand it this morning you were given a projection-
dated'
1/18/79. Do you see how much money is there just at 'the present rate?
In the time period January 1, 1979 to June 30, 1980 it says that the City
will share with the contractor over $250,000 with the rate at 11 cents for
the live aboards and 6 cents for the non -live aboards and the sailboat
rentals as they are today and the commercial boards as they are today
Where is that $250,000? It is in the rates that are being applied now.
Why shouldn't the City get 100% of that money? Why share it with someone
else? And, therefore, the basicquestion is should we share it? And I.
submit to the Commission that you shouldn't. You get competent management'
as employees of the City and you have the City run it itself and it takes
100% of the dollars not a 50% after a certain amount and a penny a foot.a
day and so on down the line. Not only that, but you don't havento worry
about ten years and you don't have to worry about whether.they're a non
ces, i.on. If you wish to have a concession you get 100% of the profit
rather than 10%. 7 implore the Commission to consider these opportunities.
Thank you.
Mayor Ferrer All right, at this time I'll ask the administration to respond
to the series of 15 questions that have been asked. I have written them
down as I heard them. They are transient boats, grievance procedures, fol-
low up, input from the outside, the live aboard question, the stock holders,
the question of the concessionaires, their determination, boat show revenue,
designation of slips, vested rights, residents breaks, sales at Seminole lo-
cation. I think that covers every question that was asked. The term of the
agreement. All right, so you can start whenever you're ready.
Mr. Fosmoen: I have
longer than your's.
several others also, Mr. Mayor, I think my list may be
Mr. Plummer: Mr. Mayor, I at this point don't know what, in fact, the in-
tent of this Commission is this evening but I don't think this Commission
in any way shape or form is in a position this evening to vote as a final
boat on this document and as such I wonder if we would not be for the per-
iod, you know, to keep everything brief, that these questions be given to
the administration, the answers come back and that, you know, the Commis
sioners comments be put into a final document because it is my understand-
ing that you're not passing on a final document tonight under any circum-
stances...,
Mayor Ferre: Well, I'm not sure that that's the case one way or the other.
I don't know what the will of this Commission is going to be. I've guessed
wrong four times already today.
Mr. Plummer: Well, Mr. Mayor, it was only my impression based upon it is
not a scheduled item on the agenda and normally the operation around here
is that an item is scheduled for the agenda as the norm, if we're going to
deviate from the norm then I'm sorry.
Mayor Ferre: This is not a scheduled item on this agenda?
Mr. Plummer: No, sir.
Mr. Fosmoen: On the Committee of the Whole for discussion, what we would
like to get from the Commission is a sense of your position so that if there
are changes necessary we can incorporate those, we bring a final document
back to you for your consideration.
Mayor Ferre: As I understood what we were doing here tonight is we were ac
cepting Mr. Sawyer as Chairman of the Waterfront Board's recommendation and
dealing with that recommendation as a matter of principle.
Mr. Plummer: Excuse me, Mr. Mayor, he's here under a personal apperance.
Mayor Ferre: Isn't Mr. Sawyer here to give us his report?
Mr. Plummer: Yes, sir, as a personal appearance, this item is not
scheduled.
Mayor Ferre: Is it not the intention of this Commission to go on record
whether or not we're going to abandon this?Follow the recommendation of
the board or recommend some changes or I mean what would be the next step?
I don't understand.
Mr. Grassie: What we. had intended'to ask you for, Mr. Mayor, after we the
discussion that we had this morning....
Mayor Ferre:
.you intend to do, what are you doing?
Mr. Grassie: What we are going to ask you is that you adopt through motion,
not a formal resolution, but through motion an indication of whether or not
the agreement that has been discussed with you meets with your general approval.
If it does it will come back in final form on your next agenda.
Mayor Ferre: Don't you think, Mr. Grassie, that that is something that you
should put in writing on the agenda if that is what your intention is?
Mr. Grassie: Mr. Mayor, we have two occasions to discuss this, I.did tell
you this twice this morning but in addition to that you have had all this pub-
lic discussion. Keep in mind that this is an item which just came out of
the Waterfront Board after our agenda was distributed to you.
Mayor Ferre: I understand, but I have problems, as you know, with the way.
the agenda is written and one of the reasons I have problems is because I
do not find that they are very specific in nature and here is a classic exam-
ple of all of that. Now, it seems to me if what you want and what should be
scheduled is a City Commission's position you should say so in black and
white.. I have no objections since it .is a matter for discussion on the agenda
that this Commission can take and come to a conclusion or not come to a con-
clusion but I think you ought to specifically state that in the way this thing'
is done.
Mr. Plummer: Mr. Mayor, there is another item, for example, that is here and
you know it has been done, Item B is scheduled on the agenda as Item #33, it
is scheduled for an agenda item.
10.9
Nov 2 6 1979
Mr. Lacasa: Let me see if I understand this, Mr. Grassie. If the Commis-
sion passes a resolution or introduces a motion and it gets passed, approv-
ing the contract today that is a mandate from the Commission to you to
proceed to execute the legal document and to implement the plan.
Mr. Grassie: No, sir.
Mr. Lacasa: No, what is it then?
Mr. Grassie: The document that you have in front of you is necessarily not
a finished document because it did not reach either the City Attorney or my
office in time to distribute it to you as a finished document. What you have
is a working document, you have a working draft with hand annoted corrections.
Now, because the City Commission has been anxious to get this item in front
of it we have agreed to put it on your agenda ....
Mayor Ferre: Anxious? We've been at it for a year.
Mr. Grassie: In spite of the fact that the Waterfront Board was not going to
be able to see until Wednesday. We're trying to get it to you as quickly as
we can. It is in front of you and you have had the discussion, if your con-
clusion is that basically you agree with the terms we will take into consider-
ation anything you say, we will bring the document back to you in a final
legally approved form for your next agenda. So all we would want at this
point is any comments you have, any observation you. want to make and we will,
incorporate those things in the document.
Mr. Lacasa: Well, then Mr. Mayor, listen, we have wasted enough time with
this to come to this point. I am ready to make a motion on this.
Mayor Ferre: Okay.
Rev. Gibson: Ni. Mayor, before the motion is made, I thought, I'm like the
Mayor, I'm in a quandry. I thought we were going to make a determination
tonight.
Mr: Grassie: 'Well, you always have that prerogative, commissioner, you can
do that if you wish. The only reason that it is not in that form is that.
because the Board's schedule did not allow us to put it on your agenda within
that tinning. That's the only reason it is not in final form for you.
INAUDIBLE CONVERSATION.
Mayor Ferre: Well, I think we have to hear the answers but I'm perfectly
willing to accept those answers in writing, when you come back at that next
juncture if you want to do it that way. I've got no problems. with that.
So if you want to do it that way then I'm ready to accept your motion.
Mr. Lacasa: I move that'this contract be generally approved in principle.`and
that be submitted to the City Manager for final execution in order to final-
ize a management agreement with Biscayne Recreation Development Company.
Rev. Gibson: What was that motion again? Please repeat the motion, sir.
Mr. Ongie: That this contract be generally approved in principle and that
it be submitted to the City Manager for a final execution in order to final-
ize the management agreement with Biscayne Recreation Development Company.
Mayor Ferre: That's very loose.
Mr. Plummer: Yes.
Mayor Ferre: Why don't you restate that again?
Mr. Lacasa: Okay, what I am moving is that the contract drafted as presented
to us today by the City Manager.be referred to the City Manager for final
execution...
Mayor Ferre: No, 'see it's not execution, that's where you're going wrong.
Do you mind if I give this a try?
'Mr. Grassie: Final drafting is possibly what you have in mind.
•
Mr. Lacasa: For final execution, you have a draft of a contract which is
nothing but a draft. To become effective you have to execute it.
110
Nov 2 u'1919
Mayor Ferre: Armando, could I recommend this language?
Mr. Lacasa: Sure.
Mayor Ferre: That the document before us as recommended by the administra-
tion and approved by the Waterfront Advisory Board on questions of leasing,
management of the City's waterfront property to Biscayne Recreation Develop-
ment corporation be finalized and be brought back to the Commission for
final approval and during the interim that the questions asked by members
of the public be submitted to members of the Commission and to the public in
writing. By the public that means the people who were here today and will
leave their names with the Clerk and their addresses and, of course, the
press. In other words before we get the final document the questions asked
will be answered by the administration and you will come back with a document.
in final form for us to vote upon.
Rev. Gibson: I'll second that motion reluctantly because I thought we were
going to get this matter approved. You know.
Mayor Ferre: In other words we are now, once we vote upon this we have ac-
cepted this contract in principle. Is that clear?
Mr. Grassier That's our understanding. Again, just to put it in context,
the Waterfront Board requested that this item be on your agenda and for dis-
cussion.
Mayor Ferre: But you didn't put that down in black and white that way, you
see, you didn't say the Waterfront Board -,I know it happened on Wednesday
and this is Monday,•there's no memorandum as of Friday or as of this morning
that changes this so it becomes a confusing thing.
Mr. Plummer: Mr. Mayor, let me just raise some points because you know I
raised them this morning and I'm going to raise them again. Here again I
want answers and I'm entitled to answers and I think that all of the Com-
mission should want to hear the answers and if you're going to, in fact,
put it to a final vote at the next regular meeting that's fine as long as I
have the idea, such things as what happens with the present employees, that
has not been discussed. Am I to assume by virtue that it is not discussed
that they're out? I don't know. Mr. Mayor, one of the things that has been
a thorn in my side, not a thorn really I guess, what establishment of a wait
ing list for dockage space has not been addressed. You know I always use a
story when people say, "Can you help me get a waiting space". I say, I can
do just for you what.I did for myself, I put in my application and 29 months
later I was apprised that there was a space available. How is that going
to be handled? You know I think that area has to be some addressed. The
four year terminology, why, as I recall, Mr. Fosmoen, and I'm going to my
records to pull, was the management so emphatic about the four years when you
recommended this thing before? Obviously something has changed your thinking
and I'd like to know what that is But there is just any number, I brought
up these points today and I want answers, I want to tell you truthfully. that
I'm entitled to answers and I cannot develop in proper perspective the ques-
tions of a document that was handed to me this morning. Now, I'm assuming
by the Mayor's motion or the motion has been offered, and I feel will pass,
tat it leaves the leeway for me to go over this document and submit in writing
the questions that I want and feel need to be answered.
Mayor Ferre: I think you're entitled to that and I think that with the motion
the way it is made, that's why I worded it slightly different, it is exactly
what you will get.
Mr. Plummer: Well, Mr. Mayor, you know I have problems, as Father says I'm
on the outside listening to the music inside. There was no schedule here on
this agenda of any action by this Commission. It was my understanding when
these agendas came to me that the agenda meant what it' said,, that there was
going to be discussion (a), that there was going to be a report of the. Water-
front Committee (b), it was my understanding that at that time we would be
given a copy of the document and that we, in fact, would have time to go over
the document and discuss the document Now, I'm sorry, you know maybe I'm
a little backwards.
Mayor Ferre: That's valid criticism.
Mr. Plummer: It's really not a criticism, Mr. Mayor....
Mayor Ferre: Well that sure sounds ljI pne to me.
NOV 2 u 1979
Mr. Plummer: It's a maeter of time and mechanics.
Mr. Sawyer: Mr. Mayor and Commissioners, of course, many many of the points
which you're now discussing have been discussed before the Waterfront Board.
We think we resolved some of them between the company and board in our under-
standing but I think it should be recognized there is no contract that can
ever be written that will have and be able to cover every question and every
contingency. That is why we have to get a general tenor in a contract and
have the controls, and looking at the contract for the board we were concerned
that the City and the City Manager had the control to correct any of theprob-
lems that might arise and that is just the general tenor of the contract be-
cause if you try to correct this item and this item next week somebody is going
to say, well'we want this, in there and we want that, I don't 'see how it can
be done.
Mayor Ferre: Mr. Sawyer, you have an eight person board is it?
Mr. Sawyer: Nine.
Mayor Ferre: Nine person board. As I remember, besides yourself and Mr. Sorg
who is here, and Mr. Dixon, and Mr. Anderson, we have Mr Pino who represents,
he's an at large representative, Mr. Perez who represents the
Latin Chamber of Commerce, Ms. O'Brien who represents the Miami -Dade Chamber
of Commerce....
Mr. Carollo: Excuse me, Mr. Mayor, could we have the first names of these,
individuals?
Mayor Ferrer. Yes, the Waterfront Board as constituted, and who has been deliber-
ating on this issue are as follows: Mr. Pete Sawyer is the Chairman and he
represents the Marine Industry and he was chosen as chairman by the other eight.
Mr. Sorg is here and he represents the Coconut Grove Chamber of Commerce, is that,
correct? Mr. Anderson represents the tenants of Miamarina. Who represents the
tenants here, at Dinner Key?
Mr. Sawyer: It was my understanding that Mr. Dixon more or less in effect
represented them and he has been said at large..
Mayor Ferre: Okay, Mr. Dixon who is the representative at large. We also have
Mr. Virgilio Perez who represents the Latin Chamber of Commerce. We also have
Mr. Jeuvenal Pina who represents the business community. Miss Laura O'Brian
who represents the black chamber of commerce known as the Miami -Dade Chamber
of Commerce. We also have Ms. Ramus who represents the. Audubon Society, the
ecologists. All right? Does that cover everybody?
Mr. Sawyer: Mr. Mayor, for the board, I have no argument if there are certain
items, a lot of items were answered to individuals at board meetings, partic-
ularly as to the term of the contract, particularly as to the concessions If
the Commission in its wisdom wants to say let's look at some of these questions
and let staff resolve them to us or give us reasonable answers and bring it
back I'm sure the Waterfront Board again will recommend this contract asit
exists because it has the general controls and the general tenor to accomplish
the job.
Mr. Plummer: Mr. Sawyer, it is not any intent of mine to send'.this:back to;
the board, it is my affording me,'a voting member of this Commission the same
opportunity as what you had to get these questions answered. Now, -the one
question that I have asked repeatedly, and I have not got an answer, is what
plan if any is tied to the million improvements? Where did the,41 million
dollars come from? Is that figure pulled out of thin air? Is there any...
Sir, these are just questions and I don't want to go back over them, I brought
them up this morning. Is there any guarantee that with the 41 million because
they're now talking about concessions are going to be built from that, poss
i.bly, a restaurant could be built from that possibly, a filling station to be
built from that, is there any guarantee that that's going to be' enough money
to build 550 slips to bring it up to that? I.can tell you that I know for a
fact that when you with a_bond:ing issue and that's what's proposed, you have
got. to establish those criteria. You know, where did that 412 million dollar
figure come from? I don't know.
mr. Sawyer:
of the piers
Mr. Plummer:
cessions yet
Generally an estimate of what it is going to cost to rebuild all
at Dinner Key Marina.
Then what you're saying"is there's no money left to build con -
the indication this morning...
112
Nov z ti 1979
Mr. Sawyer: Not necessarily, this is an outside figure and we don't know
where we are at. At the time we are going to build it. . This is the thing
that frighten, is if the delays continue, the inflation picture being what
it is, the economy being what it is, we are worried that you are going to get
even the piers rebuilt at four and a half million.
Mayor Ferre Mr. Sawyer, we have been debating this issue for ten years. I
have been on this... I served on this Commission in 1967 thru 1970 for almost
four years this issue was debated without any conclusion. Steve Clark was
the Mayor. The issue continued. under David Kennedy as mayor. l became Mayor
in 1973 and the issue was debated further. It is now November of 1979 we are
exactly at the same place, with exactly the same questions being asked over
andover and over again, with exactly the same questions being answered, with
exactly the same answers. The only thing that changes are the numbers, they
get larger. The questions are the same. Now, we appoint this Commission,
we have a new member, but this Commission, the previous Commission appointed
an Advisory Board. It selected it, it went through a long, long process.
It took us four or five months just ta select the members. We had meetings,
we had Screening Board, we had all... it took three hours just to vote in here
to select you and the other people. This room was packed, the rafters were
packed, everybody was here to make sure that the selection was opened under
a free process. We selected. It was on a Democratic vote. It was a... everybody
had one vote. We voted. It was balanced so that the ecologist were represented,
the people who lived here were represented, the Live-Aboards, the industry,
the Blacks, the Cubans, the Latins everybody was represented. There was one.
vote for everybody so that nobody would say that they had been ignored or they
had no input. We went through this process.` The Administration has gone
through this contract. This contract that we have which is called rough. draft
11/21/79 is basically the same document that we went through one year ago. This
is not a new contract. It is the same thing.
Mr. Sawyer: Exactly so, sir. There are three items of revision on it, sir.
Mayor Ferre: There are items of revision. Other than those three items this
is the same identical contract that has been alive for a year before the public,
in the hands of the Miami Herald, the Miami News, the television stations
all of the tenants. Anybody who wants it has been here for one year. We are.
back to where were before with the difference, I might add that it has had
the closest public scrutiny. It has been discussed openly and continually
and here we are now in the end of November of 1979.one more time getting ready
to vote on this item. There is a motion on the floor. The motion is a motion
in principle. It has been clearly stated, it is not new, it is time to vote
Mr. Sawyer: Mr. Mayor, I think you should be informed that the Waterfront
Board voted on this management agreement no less than three times. In all
three cases the majority was in favor of... recommended this contract. In one.
case the vote was unanimous, ih the last case there was one descending vote.
1 have to say to you again, that the total board is in general agreement with
thIs. Ihe`l;vneral tenants of this contract. Now, I can see that if there are
specific questions that you as the Commission wish to have answered or if the
citizenry wish it. I can see if you wish to submit those two staff again
lit them, staff and Biscayne Rec. come to an agreement or if not let the City
Commission resolve those particular questions that have been raised.
Mayor Ferret Alright, sir thank you: Is there further discussion this item,
if not call the .roll please.
gl
113
ON ROLL CALL:
Mr. Plummer: As I have stated before, I feel that the document is premature,
that in no way will my vote this evening reflect my final vote,; but this evening
twill vote "no" because I think -"these questions must .be resolved first.
The following motion was introduced by Commissioner Lacasa, who,
moved its adoption:
MOTION NO. 79-793
A MOTION TO ACCEPT IN PRINCIPLE A DOCUMENT FOR THE PROPOSED
MANAGEMENT OF THE DINNER KEY MARINA BY BISCAYNE RECREATION
DEVELOPMENT CO. AS RECOMMENDED BY THE ADMINISTRATION AND THE
CITY OF MIAMI WATERFRONT BOARD AND FURTHER DIRECTING THE MANAGER
TO FINALIZE DETAILS OF THE DOCUMENT WITH BISCAYNE RECREATION
DEVELOPMENT CO, SUCH DOCUMENT TO BE RETURNED TO THE CITY COM-
MISSION FOR FINAL APPROVAL AND FURTHER STIPULATING THAT DURING
THE INTERIM OF THE NEGOTIATION PROCESS ANY QUESTIONS SUBMITTED
BY MEMBERS OF THE PUBLIC AND/OR MEMBERS `OFTHE CITY COMMISSION
SHALL BE ANSWERED BY -THE ADMINISTRATION, IN WRITING.
Upon being seconded by Commissioner Gibson, the motion was passed
and adopted by the following vote -
AYES:: Commissioner Armando Lacasa
Commissioner`(Rev.).Theodore Gibson
Mayor Maurice A. Terre
NOES: Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
ABSENT: None..
Mr. Carollo: If ..Imay take a second Mr. Mayor, I need to ask something
of the City Manager. I would like to,if it's at all possible to get something
in writing as to the feasibility of how much it will cost us to run the
facilities with our own employees as compared to what we'had presently.
Mayor Ferre: The vote has been taken Mr. Carollo and the majority was three
to two, this matter is now settled. Is there anything else to come up before
this Commission?
gl
114
Npv 2 61979
34. PERSONAL APPEARANCE: MARX ISRAEL "MAIL IN WASHINGTON"
REPORT ON CURRENT FEDERAL PROGRAMS
Mr. Grassie: We have a report from Mark Israel, Mr. Mayor, if you have
time. I should say that we have some food here for you too.
Mayor Ferre: All right, Mr. Mark Israel:
Mr. Mark Israel: Honorable Mayor,members of the Commission, my name
is Mark Israel of Washington, D.C. I'm the Washington representative
for the City of Miami for purposes of influencing Federal legislation
and policies that affect the City. Lets just take a minute and look
at the major Federal programs which will be at issue in the next Congress,
and some which are still at issue in this Congress. And I'm going to
make suggestions about what this Commission and the City administration
can do to promote your interest in these "programs. Of course, the
first and most imPe rtant is the General Revenue Sharing Program. This
program, let me observe, is by far the most popular Federal Urban Program
in the cities,and the least popular Federal Urban Program in the
Congress. It expires in September 30th of next year. Unless it is
re-enacted you won't get any more payments. I don't have to tell you
the importance of the program in keeping your City fiscally sound. It
is equally important to other cities throughout this country. Now
what should you....and there is going to be a terrific fight in the
Congress. There's enormous opposition to it. There's opposition on the
grounds that the congressman feel that they raise the revenues and the
cities spend it. And they don't know where the money goes. There is
opposition on the ground that the Congress is still in a budget cutting
mood, in a balancing the budget mood, and this program is a prime
target. It now totals almost $7,000,000,000,000. .There is a special
opposition to the State share, on the grounds that the Congress observes
that the States have a surplus and the Federal government has a deficit,
and it doesn't seem fair to call it revenue sharing. They think it should
be called deficit sharing. Now would you need to be doing at, this time,
and for the next several months, is one thing. That is document.
Congress says they don't know how the money is spent. And that objection
is easily overcome. Just simply put in writing how Federal Revenue
Sharing is put into your budget. And make it vivid. Put it on papers.
Make it available to three Congressman and two Senators. Don't neglect
any of your representatives. We have to work with all of them. We're
going to have to work with them through the Spring and Summer. You
just start right now communicating_ to them your feel, which we all
understand, that this is the most important thing to you. But in
addition to that, do the documentation. Put in writing a report of how
you have used the revenue sharing money for the last few years. This
process will make it vivid to them. They don't understand money that
goes to City government for general operating purposes. No real
inducement to vote for that. They do understand money that goes to
City government that is used for specific services, specific number of
Policemen , specific public works projects. Now that is what you should
do at the present time. Another crucial program which is right now
before the Congress, which isn't finished, is the.'..we used to call
the Counter Cyclical Fiscal Assistance. This year it's called
the Supplementary Fiscal Assistance. A good program was passed by the
Senate way last summer. It's still at issue in the House. It hasn't
come out of the Mouse Committee. What you have to do here is to
continue what you have been doing for the last several, months, is keep
up the pressure. We are informed by the people closest to the
situation, that the only way there's any hope for enacting this program,
which is going to be worth in this fiscal year at least $1,000,000,
for the City of Miami. And it might be worth a good deal more...is
to continue to pressure on your members and on the House Committee
on Government Operations. We've iscussed this and I have with the
gl
�1 NOV 2G1979
staff, and it's something we are working on. Now, the other major
program that expires is the Community Development Block Grant. Now
this, I wouldsay is the second most popular Federal Urban Program
at the local level, and in contrast with General Revenue Sharing,
it is very popular on Capital Hill. It does expire. I do expect
that it will be reauthorized essentially in its current form. But
you indeed, must make clear your interest in your commitment to this
program to your Congressional delegation. Now another major program
that this City's been working with, that you've gotten good results
from, is now in the final stages of legislative authorization, is the
Economic Development Administration. There has been a major change.
here. This program was running at the level of $300,000,000 a year
and, the bills passed by both Houses raised the level for the
Economic Administration to roughly $1,500,000,000. Almost all of the
new increase is by way of loans and loan guarantees for business
development in eligible areas. Miami is an eligible area. This
program offers an enormous opportunity. I think this City is in a
good position to capitalize on it. But you should know that EDA
that we've been working with over the years, is being increased
approximately 5 fold in its resources to work with you. Another
major program that you've had success with, you should understand
what's happened to it, is the Urban Development Action Grant. The
UDAG. This program this year, in a time of budget restriction, has
been increased from $400,000,000 to $675,000,000. Now there are new
places eligible. Congress made eligible the so called pockets of
poverty. The pockets of poverty mean a sub -city area in a City that
is not otherwise eligible. City of Miami is eligible for this
program. The pockets of poverty will not take up the full $275,000,000
increase. It's a major vote of confidence in this program. The
other point you should bear in mind about Urban Development Action
Grant is that the focus is shifted from making grants with this money
to making loans, and revolving Loans. The agency that administers
the Department of Housing and Urban Development is very fond of the
idea of giving the City a block of money for an action grant, with the
idea that the City would make a loan, loan to the project. When the
loan is repayed, the City would make other loans. Other revovling
loans with that money. You should bear that in mind as you develop
UDAG Projects. It's a real key to success now with this program.
The other major program that you have used that is finally being
reauthorized is the Law Enforcement Assistance Administration. It's
in the final stages of _legislation this year. There will be less
money overall, but there will be a sort of a mini block grant to
cities of the size of. Miami._ The remarkable thing about LEAA is, that
despite the opposition to it, voiced over the years is that it's being
reauthorized at all. This block grant should make the' program very
useful to you. And it's something that we can work with in the year
ahead. I'd be happy to take specific questions. And if you have
any, I will be here most of the day tomorrow for consultation. I've
been making the rounds of the City program heads today...
Mayor Ferre: I would recommend that you call on every member of this
Commission and spend some time explaining your function, and what
you're doing, and how it's going along, and all of that. Do we need...
thiagain, Mr. Manager, says nothing but discussion, so I' assume there
Ir. nothing else but discussion. Is that it?
Mr. Grassier This is strictly a report to you. That's all. Nothing
is required.
Mayor Ferre: All right, are there any questions of Mr. Israel at this
time. All right, would you make an appointment with each one of the
members of the Commission tomorrow. All right, sir. Thank you very
much.
116
NOV 2 61979
Mayor Ferre: Tdke up.
Ms. Spillman: Mr. Mayor, Item 28 should be deferred because the figures have
changed and we will have to come back on that.
Mr. Lacasa: -Move for deferment.
Mayor Ferre: Alright, there is a deferral... There is a motion for deferral,
it's been seconded by Plummer, further discussion, call the roll on deferral
of 28.
THEREUPON THE FOREGOING MOTION TO DEFERaITEM
O. seconded28 by
was introduced by Commissioner Gibson,
Commissioner Plummer, and was passed and adopted by
unanimous vote.
36. DEFERRAL OF ACCEPTANCE OF BID: CENTRAL
STATIONERS, INC.-OFFICE FURNITURE AND
EQUIPMENT.
Mayor Ferre:
On Item 30. Is there a motion on 30?
Mr. Mayor, I would like to defer this until the 5th of December.
there is some questions I want to ask.
Alright, sir. There is a motion by Plummer for deferral
Second.
...seconded by Lacasa, further discussion, call
THEREUPON THE FOREGOING MOTION TO DEFER ITEM NO, 30
to the next Commission meeting was introduced by
Commissioner Plummer, and seconded by Commissioner Lacasa,
and was passed and adopted by unanimous vote.
RESOLUTION PROVIDING SUPPORT TO COMMUNITY DEVELOPMENT ADVISORY
BOARDS THROUGH THE DEPARTMENTS OF CITIZEN SERVICES AND PLANNING
IN LIEU OF INDIVIDUAL FUNDING.
Mr. Plummer: 33.
Mayor Ferre: Alright, Mr. Plummer moves 33...
Mr. Lacasa: Second.
Mayor Ferre: . and Mr. Lacasa seconds, further
discussed it this morning, call the roll.
discussion on Item 33, we
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 79-796
A RESOLUTION REAFFIRMING .THE INTENT OF THE
CITY COMMISSION THATTHECITY MANAGER PROVIDE
THE NECESSARY TECHNICAL, CLERICAL AND ADMINIS-
TRATIVE SUPPORT TO THE COMMUNITY DEVELOPMENT
ADVISORY BOARDS. THROUGH THE CITIZEN SERVICES
118
NOV `26 1979
AND PLANNING DEPARTMENTS, IN LIEU OF DIRECTLY
FUNDING EACH COMMUNITY DEVELOPMENT ADVISORY
BOARD.
(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:
Commissioner Armando Lacasa
Commissioner Armando Lacasa'
Commissioner' (Rev.) Theodore R. Gibson
ViceMayor J. L.`Plummer, Jr.
Mayor Maurice A. Ferre
Mayor Ferre: Before the vote on adopting items included in the Consent
Agenda is taken, is there anyone present who is an objector or proponent
that wishes to speak on any item in the Consent Agenda? Hearing none, is
there a motion?
The following resolutions were introduced by Commissioner Plummer, seconded
by Commissioner Lacasa and passed and adopted by the following vote
AYES: Commissioner Armando Lacasa
Commissioner Joe Carollo
Commissioner (Rev.) Theodore Gibson
Vice -Mayor J. 1. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
38.1 AUTHORIZING CITY MANAGER TO NEGOTIATE AND EXCUTE AN AGREEMENT CONTINU-
ING AN OFFICE OF INTERGOVERNMENTAL COORDINATION AND LIAISON.
RESOLUTION NO. 79-797
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO NEGOTIATE AND EXECUTE AN AGREEMENT
CONTINUING AN OFFICE OF INTERGOVERNMENTAL
COORDINATION AND LIAISON TO BE FUNDED BY
THE SOUTH FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM.
38.2 'AUTHORIZING CITY MANAGER TO SUBMIT AN LEAA MINI -BLOCK GRANT APPLICATION
FOR THE FUNDING' OF 4 PROJECTS IN THE POLICE DEPARTMENT.
RESOLUTION NO. 79-798
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO SUBMIT A GRANT APPLICA-
TION TO THE BUREAU OF CRIMINAL JUSTICE
PLANNING AND ASSISTANCE, DIVISION OF
STATE PLANNING, DEPARTMENT OF ADMIN
ISTRATION, STATE OF FLORIDA, FOR
FUNDING OF THE MINI -BLOCK GRANT APPLI-
CATION PROVIDING FOR ALLOCATION OF
$12,459 AS THE CITY'S CASH MATCHING
FUND FROM THE SPECIAL PROGRAMS AND
ACCOUNTS OF THE 1979-80 FISCAL YEAR
BUDGET; AND FURTHER AUTHORIZING THE
CITY MANAGER TO ACCEPT THE GRANT
AND EXECUTE THE NECESSARY AGREEMENTS
TO IMPLEMENT THE PROGRAM; UPON RECEIPT
OF THE GRANT.
38.3 ACCEPT BID: JETCOAT CO. - APPROXIMATELY 200,000 GALLONS OF EMULSIFIED
ASPHALT.
RESOLUTION NO. 79-799
A RESOLUTION ACCEPTING THE BID OF JETCOAT CO. FOR FURNISHING'
APPROXIMATELY 200,000 GALLONS OF EMULSIFIED ASPHALT ON A
CONTRACT BASIS FOR ONE YEAR FOR THE DEPARTMENT OF PUBLIC
WORKS AT A TOTAL COST OF $90,000.00; ALLOCATING FUNDS FROM
THE 1.979-80 OPERATING BUDGET OF THAT DEPARTMENT; AUTHORIZING
THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE >PUR-
CHASE ORDER FOR THIS MATERIAL.
38.4 ACCEPT BID: JULES BROS. UNIFORMS, INC. - WORK UNIFORMS.
RESOLUTION NO. 79-800
A RESOLUTION ACCEPTING THE BID OF JULES BROS. UNIFORMS, INC.,
FOR FURNISHING WORK UNIFORMS ON A CONTRACT BASIS FOR ONE YEAR
CITY WIDE; AT A TOTAL COST OF $66 186.00• ALLOCATING FUNDS FROM
THE 1979-80 OPERATING BUDGET OF THE CARIOUS CITY DEPARTMENTS;
AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE
THE PURCHASE ORDERS FOR THESE MATERIALS.
NOTE: AT THIS TIME THE COMMISSION TOOK A BRIEF
RECESS.
NOTE: AT THIS TIME THE COMMISSION RECONVENED AND
TOOK UP ITEMS ON THE PLANNING AND ZONING AGENDA.
39. SECOND READING ORDINANCE: AMEND ORDINANCE 6871, ARTICLE XXVI,
SPECIAL YARD DISTRICTS, SECTION 2(43), REQUIRING ALL YARDS ABUT-
TING NW'ly SIDE OF SOUTH BAYSHORE DRIVE FROM ALATKA TO A POINT
APPROX. 150' NE OF NE'ly RIGHT-OF-WAY LINE OF AVIATION AVENUE TO BE
NOT LESS THAN 70' IN DEPTH.
Mayor Ferre: Who are here on Item #1, would you raise your hands. Anybody
here on Item #1? I will read it anyway. The second reading on special yard
district by requiring all yards abutting Northwesterly side of the South Bayshore
Drive from'Alatka to a point approximately a hundred fifty feet Northeast. Now, are
you here in opposition? Is there anybody here in opposition?
Mr. Plummer: Moved by Ferre, seconded by-Carollo, any further discussion,
hearing none...
Mr. Ongie: What item?
Mr. Plummer: Item 1 on the Zoning.
Mr. Ongie: 1?
Mayor Ferre: Just opponents. Let's just hear from the opponents. Is she
opposed? Alright, any... go ahead.
Mr. Plummer: Call the roll. For the record note that Jennie was here. Call
the roll.
Mr. Ongie: I'm sorry Mr. Plummer, what item are we on?
Mr. Plummer: Item #1. Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED-
AN ORDINANCE AMENDING ORDINANCE NO. 6871,
AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE
FOR THE CITY OF MIAMI, BY DELETING SUB -SECTION
'(43), DISTRICT 43, OF ARTICLE XXVI, SPECIAL
120
NOV 2 61979
gl
YARD DISTRICTS, SECTION 2, IN ITS ENTIRETY,
AND INSERTING IN LIEU THEROF A NEW SUB -SECTION
(43), TO REQUIRE A YARD DEPTH OF NOT LESS THAN
70 FEET, AS HEREINAFTER SET FORTH; BY REPEAL-
ING ALL ORDINANCES, CODE SECTIONS OR PARTS
THEREOF IN CONFLICT; AND CONTAINING.A SEVERABIL-
ITY PROVISION.
Passed on its first reading by title at the meeting of October 17, 1979 was
taken up for its second and final reading by title and adoption. On
motion of Commissioner Ferre, 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, Vice -Mayor Plummer and Mayor Ferre.
NOES: None.
ABSENT: Mr. Lacasa and Rev. Gibson.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9023.
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.
40. SECOND READING ORDINANCE: CHANGE OF ZONING CLASSIFICATION 201-
399 S. W. 4TH AVENUE AND 440-598 S. W. 3RD AVENUE FROM W-I, C-4
AND R-4 TO PR.
Mayor Ferre: Alright, we are on Item #2, second reading, is there any problem
with that one? Alright, Plummer you want to move that one?
Plummer: Fine.
Mayor Ferre: And Gibson seconds Item 2, is there anybody here in opposition
to Item 2? Alright, read the ordinance on Item 2. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPRE-
HENSIVE ZONING ORDINANCE FOR THE CITY OF-MIAMI, BY
CHANGING THE ZONING CLASSIFICATION OF SOUTH 1/2 OF
LOT 2B LESS NORTH 20 FEET THEREOF AND ALL OF LOT 3B
THROUGH 6B; LOTS 1M THROUGH 6M; LOTS 1H AND 2H; LOTS
1MC AND 2MC; LOTS 1L, 2L, 3L; LOTS 7B, 8B, 9B (pt),
PLUS INCLUDED RIGHTS -OF -WAY (TO BE VACATED) RIVERSIDE
WATER FRONTS (25-72) AND LOTS 2 THROUGH 6, BLOCK 27S;
LOTS 6 (pt), 7 AND 8, 19 (pt) AND 20 (pt), BLOCK 28S;
LOTS 1, 2, 3 LESS RIGHT-OF-WAY, 17, 18 LESS RIGHT-OF-
WAY, 19 20, BLOCK 37S; MIAMI (A.L. KNOWLTON) (B-41),
BEING APPROXIMATELY 201-399 S.W. 4TH AVENUE, 440-598
S.W. 3RD AVENUE, FROM W-1 (WATERFRONT INDUSTRIAL),
C-4 (GENERAL COMMERCIAL) AND R-4 (MEDIUM DENSITY
MULTIPLE DWELLING) TO PR (PUBLIC PARK AND RECREATIONAL
USE), SUBJECT TO STREET VACATION APPROVAL BY THE
ZONING BOARD AND CITY COMMISSION, AND BY MAKING THE
NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A
PART OF THE SAID ORDINANCE NO. 6871 BY REFERENCE AND
DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF; BY
REPEALING ALL ORDINANCE, CODE SECTIONS, OR PARTS
THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY
PROVISION.
Passed on its first reading by title at the meeting of October 17, 1979,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Gibson, the
ordinance was thereupon given its second and final reading by title and
passed and adopted by the following vote-
gl
121
NOV 01919
AYES:
Commissioner Joe Carollo
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: ' None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9024.
The City Attorney read the ordinance into the public record and;
announcedthat copies were available to the members of the City Commission
and to the public.
FIRST READING ORDINANCE: CHANGE OF ZONING CLASSIFICATION - 46
W. FLAGLER STREET FROM C-3 TO PR (PAUL S. WALKER MINI -PARK).
Mayor Ferre: Take up Item 3, the Planning Advisory...
Mr. Plummer: Well, you have a full... you want to go back, you got a full
Commission?
Mayor Ferre: Well,... but I think we can get rid of some of the people that
are here. Is there anybody here who objects to Item 3? Any objectors?
Mr. Plummer: Move it.
Mr. Carollo: Second.
Mayor Ferre: Seconded, further discussion? Alright, read it. Alright, call
the roll, first reading.
AN ORDINANCE ENTITLED-
•
AN ORDINANCE AMENDING"ORDINANCE NO. 6871,-
THE COMPREHENSIVE ZONING ORDINANCE FOR THE
CITY OF MIAMI, BY CHANGING THE ZONING CLASSI-
FICATION OF W35' OF LOT 6, BLOCK 123N; MIAMI (A.L.
KNOWLTON) (B-41), BEING APPROXIMATELY 46 WEST
FLAGLER STREET, FROM C-3 (CENTRAL COMMERCIAL) TO
PR (PUBLIC PARK AND RECREATIONAL USE) (PAUL S.
WALKER MINI -PARK), AND BY MAKING THE NECESSARY
CHANGES IN THE ZONING DISTRICT MAP MADE A PART
OF SAID ORDINANCE NO. 6871 BY REFERENCE AND
DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF;,
BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR
PARTS THEREOF IN CONFLICT; AND CONTAINING A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner'
Carollo and passed on its first reading by title by the following vote:
AYES: CommissionerJoeCarollo
Commissioner Armando Lacasa
Commissioner` (Rev.) Theodore Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor. Maurice A. Ferre
NOES None.
The. City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Com-
mission and to the public.
g1
122
NOV 2 01919
42. FIRST READING -ORDINANCE: CHANGE OF ZONING CLASSIFICATION - 1444
S. W. 8TH STREET FROM C-4 TO PR (MACE() MINI -PARK).
Mayor Ferre: Any objectors to four? Anybody here objecting to four?
Mr. Plummer: Move it.
Mayor Ferre: Moved by Plummer, seconded by Gibson, further discussion, read
the ordinance, first reading. Alright, call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871,
THE COMPREHENSIVE ZONING ORDINANCE FOR THE
CITY OF MIAMI, BY CHANGING THE ZONING
CLASSIFICATION OF LOT 16 LESS S45', BLOCK 1,
AVOCADO PARK AMEND (3-68), BEING APPROXIMATELY
1444 S.W. 8TH STREET, FROM C-4 (GENERAL
COMMERCIAL) TO PR (PUBLIC PARK AND RECREATIONAL
USE), (MACEO MINI -PARK), AND BY MAKING THE
NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE
A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND
DESCRIPTION IN ARTICLE III,` SECTION 2 THEREOF;
BY REPEALING ALL ORDINANCES, CODE SECTIONS. OR PARTS
THEREOF IN' CONFLICT; AND CONTAINING A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Gibson and passed on its first reading by title by the following vote:
AYES: Commissioner Joe Carona
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Com-
mission and to the public.
43. FIRST READING ORDINANCE: CHANGE OF ZONING CLASSIFICATION - 1419
N. MIAMI AVENUE FROM C-4 TO PR (CENTRAL MIAMI MINI -PARK).
Mayor Ferre: Gibson moves five, Lacasa seconds, further discussion, any objectors,
read the ordinance. Call the roll.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING ORDINANCE NO. 6871,
THE COMPREHENSIVE ZONING ORDINANCE FOR THE
CITY OF MIAMI, BY CHANGING THE ZONING
CLASSIFICATION OF LOT 7 AND N20' OF LOT 10,
BLOCK 16, NORTH MIAMI ROBGINS-GRAHAM-CHILLINGWORTH
123
NOV 2 6 1979
(A-49;1/2), BEING APPROXIMATELY 1419 N. MIAMI;_
AVENUE FROM C-4 '(GENERAL COMMERCIAL) TO PR (PUBLIC
PARK'AND RECREATIONAL USE) (CENTRAL MIAMI'MINI-PARK),
AND BY MAKING THE NECESSARY CHANGES IN THE ZONING.
DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871
BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION
2 THEREOF, BY REPEALING ALL ORDINANCES, CODE SECTIONS`
OR PARTS THEREOF IN CONFLICT; AND CONTAINING A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Gibson and seconded by Commissioner
Lacasa and passed on its first reading by title by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Com-
mission and to the public.
4.(a) REQUEST BY DR. JAMES G. ROBERTSON TO EXTEND THE CONDITIONAL USE
FOR CONSTRUCTION OF PRIVATE CLUB AT "JAMESTOWN CENTER".
(b) REQUEST BY DR. JAMES G. ROBERTSON TO EXTEND VARIANCE FOR FLOOR
AREA RATIO FOR PROPERTY AT "JAMESTOWN CENTER".
Mayor Ferre: 16? Objectors? Objectors? Are you an objector to sixteen?
Dr. Roberts are you an objector?
Mr. Plummer: He is the applicant.
Mayor Ferre: He is the applicant. Are there any objectiors to Item 16?
Joanne are you objecting to 16? Anybody objecting to 16? Is there a motion,
resolution...
Mr. Plummer: Move it.
Mayor Ferre: Alright, there is a motion on sixteen "A", is there a second?
Mr. Plummer: Sixteen "A", Father.
Mr. Lacasa: Second.
Mayor Ferre: Seconded, further discussion on sixteen "A", call the roll':
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 79-801.
A RESOLUTION GRANTING A ONE YEAR EXTENSION OF THE
CONDITIONAL USE AS LISTED IN ORDINANCE NO. 6871,
ARTICLE XI, SECTION 1(5) (a), TO PERMIT THE ESTABLISH-
MENT OF A 5,000 SQUARE FOOT PRIVATE CLUB, AS PER PLANS
ON FILE, ON PROPERTY LOCATED NORTH OF THE INTERSECTION
OF MARY STREET AND BAYSHORE DRIVE, BEING TENTATIVE PLAT
NO. 1027 "JAMESTOWN CENTER", ZONED R-C (RESIDENTIAL -
OFFICE) DISTRICT, SUBJECT TO THE REMOVAL OF THE EXISTING
PRIVATE CLUB KNOWN AS THE JAMESTOWN CLUB, GRANTED BY
CITY COMMISSION RESOLUTION NO. 79-104.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
•
NOV 2 6 1979
gl
124
Upon being seconded by Commissioner Lacasa, the resolution was
passed and adopted by the following vote:
AYES:
NOES: None.
Commissioner Joe Carollo
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
ViceMayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
The following resolution was introduced by Commissioner Gibson, who
moved its adoption:
RESOLUTION NO. 79-802
A RESOLUTION GRANTING A ONE YEAR EXTENSION
OF THE VARIANCE FROM ORDINANCE NO. 6871,
ARTICLE XI, SECTION 5, TO PERMIT A STRUCTURE
NORTH OF THE INTERSECTION OF MARY STREET AND
BAYSHORE DRIVE, BEING TENTATIVE PLAT NO. 1027,
"JAMESTOWN CENTER", AS PER PLANS IN FILE, WITH
A 1.77 FLOOR AREA RATIO (F.A.R.) (1.65 F.A.R. PER-
MITTED WITH BONUSES); ZONED R-C (RESIDENTIAL -OFFICE)
DISTRICT, GRANTED BY CITY COMMISSION RESOLUTION
NO. 79-102.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.),
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote:
AYES:
NOES: None.
Commissioner Joe Carollo
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
ViceMayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
45. ACCEPT PLAT: "BULLEN SUBDIVISION" - LOCATED AT TIGERTAIL AND Ali -WE -
WA STREET.
Mayor Ferre: Take up 18. Is there any problem with that? Any objectors
here on 18?
Mr. Plummer: Move it.
Mayor. Ferre: Anybody waiting on that? Alright, it's been moved by :Plummet
and seconded by Gibson, further discussion on 18, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoptions
RESOLUTION NO. 79-803
A RESOLUTION ACCEPTING THE PLAT ENTITLED BULLEN
SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI,
FLORIDA; AND ACCEPTING THE DEDICATIONS SHOWN ON
SAID PLAT; AND ACCEPTING THE COVENANT TO RUN
1.2
gl
NOV 2 61979
WITH THE LAND POSTPONING THE IMMEDIATE
CONSTRUCTION OF FULL WIDTH IMPROVEMENTS UNTIL
REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS; AND
AUTHORIZING AND DIRECTING THE CITY MANAGER AND
THE CITY CLERK TO EXECUTE THE PLAT.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES:
NOES: None.
Commissioner Joe Carollo
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
ViceMayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
46. REQUEST BY ALBERTO GONZALEZ TO EXTEND CONDITIONAL USE FOR CONSTRUCT-
ION OF A RESIDENTIAL DEVELOPMENT OF A (PUN) AT 112 N.W. 45TH
AVENUE.
Mayor Ferre: Is there anybody here on any items that are non=controversial
that are not going to take any time, we can just zip by?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: What item, sir?
UNIDENTIFIED SPEAKER: 14.
Mayor Ferre: Is there anybody here who
to Item 14? Alright,'this is a request
use seven to zero.
Mr. Plummer: Move it.
Mayor Ferre The Planning Department..
Mr. Lacasa: Second.
Mayor Ferre: Alright, it's been moved Plummer, seconded by Lacasa, further
discussion, call the roll on 14.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
objects to
14? Are there any objectors
the Zoning Board granted conditional,
RESOLUTION NO. 79-804
A RESOLUTION GRANTING A ONE YEAR EXTENSION OF THE
CONDITIONAL USE AS LISTED IN ORDINANCE NO. 6871,
ARTICLE VI, SECTION 1(4-A)(a), TO PERMIT A RESIDENTIAL
DEVELOPMENT OF A PLANNED UNIT NATURE (PUN), ON LOTS 5,
6 AND 7, BLOCK 6, HENRY FORD SUB#1 (9-91), BEING 112
N.W. 45TH AVENUE, AS PER PLANS ON FILE, CONSISTING OF
TWO (2) UNITS IN A 2-STORY STRUCTURE, PLUS AN EXISTING
SINGLE FAMILY RESIDENCE, FOR A TOTAL OF THREE (3) UNITS
IN TWO (2) STRUCTURES, ZONED R-2 (TWO-FAMILY), GRANTED
BY ZONING BOARD RESOLUTION NO. ZB 37-79.
(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:
1.26
gl
Nov zu 1979
Commissioner Joe Carollo
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
ViceMayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
NOTE: Back to Regular Agenda.
47. PUBLIC HEARING: NEW WASHINGTON HEIGHTS COMMUNITY DEVELOPMENT
CONFERENCE (RESPONSE TO RESOLUTION PRESENTED
OCTOBER 17, 1979).
Mayor Ferre: Alright, we are back to the 38 which is the New Washington
Heightson the Regular Agenda. We are now off of the Zoning Agenda and we
are now back to the regular items, Item 38. Mr. Manager?
Mr. Grassier This item Mr. Mayor and members of the City Commission, is back
on... This item Mr. Mayor and members of the City Commission, is back on your
agenda at the request of the City Commission, at the request of the neighborhood
and with you concurrence. You remember that there were some questions left
open and you provided this opportunity so that everyone would be notified of
the hearing, anyone interested in the neighborhood. Everyone would have a
chance to express themselves so that the principle item of business today is
give the public, those interested in the New Washington Heights neighborhood
a chance to direct themselves to the City Commission and to be heard by you.
Mayor Ferre: Alright, who are the speakers tonight on this public item?
Dana Chapman, the Chair recognizes you and who else wishes to speak? Anybody
else? Alright, as... would you... whoever wishes to speak, Dana, you want to
be first? No, you don't want to be first. Would you like to be first? The
Chair recognizes you, would you give your names to the Clerk and we will take
you in order? Does anybody need more than three minutes?
Mr. Plummer: Well, Mr. Mayor, if I may just for a matter of sequence. It is
my understanding and recollection that this matter was brought to the Commission
by in fact the Board that exist in the CD Target area. And I think it's only
proper that we heard first and foremost from the President of that Board. Are-
you such?
(BACKGOURND COMMENT OFF THE PUBLIC RECORD)
Mr. Plummer: I think that the President should make a report of board action
and then we go from there as to hearing other people, but I think that would be
proper prospective.
Bishop George E. Johnson: Bishop George E. Johnson, Pastor of Trinity westlynn
Methodist Church. Supervisor of the Diocese, so called English, Westlynn Diocese
I as Chairperson have ordered these matters to be done because I would like to
know since I just resume this ability. I would like to know just what or what riot,
is being carried on or are being carried on. I would like to know how this is
functioning. Therefore, I order these valiang, great, grand members' to go
through with this and I should like them to continue.
Mayor Ferrer Go ahead.
Ms. Gloria Perry: My name is Gloria Perry, I live at 416 N.W. loth Street,
Miami. The elected representatives of the Culver Overtown Community Development
Advisory Board request of the Commission of the City of Miami, the following
authorities in carrying out the duties in representing our community. One,
to be recognized as the final authority in Overtown that will recommend to the
City Commission the funding of all flans, projects and programs to be operated
in Overtown with Community Development funds. Two, facilitate the authority
gl
127
NOV 2 C _1979
of citizen participation as outlined in the federal guidelines. Three, that
all agencies, organizations, developers and any other legal entities must come
before the Overtown Community Development Advisory Board for recommendation and
approval prior to presentation to the City Commission. Four, we expect the City
Commission to take the recommendations of this elected body in considering
final decisions regarding money allocations, grants, developments, developers
and plans by the City or other inany matters relating and pretaining to Overtown.
Five, according to federal guidelines of citizen participation any agency,
organization or legal entity establtahing in the Overtown community must accept
a percentage of their directorate from the Overtown Community Development Advisory
Board, residents, property owners and business operators. Six, we further
recommend that some process be established which enables the Advisory Board to.
monitor any and all programs operating in the Overtown area. We would like
your. approval.
Mayor Ferre: Well, we want to hear from everybody? Don't we? Or don't we?
Ms. Perry: Well, we are asking for the authority on this item first and I think
it's appropriate that you take action on this item.
Mr. Plummer: Without hearing the public that are here?
Ms. Perry: This has nothing... this is a request from the Board.
Mr. Plummer: But in the same process that you go through a public process,
we the Commission are likewise and always do.
Ms. Perry: I understand that but,. yes?
Mr. Plummer: Well, let me just speak for one, I am not prepared to vote on
any.
Ms. Perry: I'm speaking in behalf of the Board. These are Board recommendations.
Mr. Plummer: Oh, I understand that: And'I understand that and it is fully
within my intent before this item is concluded this evening that a vote will
be taken, but I surely have no intent to do such until I have heard from the
people who have taken of their time to come here, whether they are for or
against.
Ms. Perry: Ok,:this is not a New Washington Heights issue, this is something...
authority that we are asking from the Advisory Board that has already been
established
Mayor Ferre: Yes, let's not get:confused... what we have here... you have a
black packet which was presented to you...
Ms. Perry: Right.
Mayor Ferre: . right in front of you, if you will open.it up this is the
Culmer-- This is the Culmer Community
Development Advisory Board and we just heard Bishop.Johnson and now we have heard
from Gloria Perry,who has requested Item #1 which is in this sheet, right?
Ms. Perry? Ms. Perry, you are requesting now that we take a position on Item
#1 before us, is that right?
Ms. Perry: Yes, because it has nothing to do with the controversy, we are
just asking for the authority from the Board.
Mayor Ferre: Dena, is there any problems with that?
Ms. Spillman: Yes.
Mayor Ferre: There is.
Mr. Plummer: Well, then Mr. Mayor, I'm sorry, I got a big problem, just read
the agenda. This is a public hearing and we hear from the public at public
hearings.
Mayor Ferre: Yes, well,...Dena, why don't you....
Mr. Plummer: Yes, please do because either the agenda is wrong or I am wrong which...
g1
128
NOV 261979
Ms. Dena: Really, what's happening is there is two... The public hearing was
called to discuss the New Washington Heights Economic Development Program. The
Culmer Advisory Board has taken this opportunity since they have gotten a
chance to talk to you to request the things that Gloria talked about. It's
kind of a separate issue and they are coming here as a body...
Mr. Plummer: So her request then, is out of order according to the agenda?
Ms. Perry: Well, I don't know how your agenda runs, ok.
Mr. Plummer: Yes, ok,... well, you know...
Mayor Ferre: Well, we are here for a specific purpose.
Mr. Plummer: Right.
Mayor Ferre: And...
Ms. Perry: Ok, well, -then would it be...
Mayor Ferre: . the specific purpose evidently is not what you are talking
about right now. So I think really what we have got to do Ms. Perry is
stick to the agenda the way it is presented. Now, if you want to discuss
something else...
Ms. Perry: Well, you have been jumping around all night.
Mr. Plummer: Yes, but the item... Ms. Perry, the item which you are asking...
Ms. Perry: Ok, no problem, but before we go back tonight, I would like a
definite answer either "yes" or "no" that we have the authority that we are
requesting or not.
Mr. Plummer: Well, excuse me, because I have to withdraw what I say. I thought
what you were presenting was regular item on the agenda, it is not.
Ms. Perry: No.
Mr. Plummer: Now, under those circumstances the normal procedure of this
Commission would be to take your request and schedule itfora regular agenda
item. That would be the norm. The Commission can if they wish to deviate
from the norm, but you know, when you do you subject this Commission to the
criticism of doing something without a public hearing, which is exactly what
you are demanding and asking for in your proposal. So you are asking us to
do something directly in opposition to what you asking us to do for you.
I just want to bring that point...
Ms. Perry: Well, at the end, if it's... you know, if it's out of order now, ok,
because I wasn't to understand that. If it's out of order now I would like that
you know, at the end of our hearing that we get a response from it. Thank you.
Mayor Ferre: Alright, who are the public speakers on the Washington Heights
Community Development Conference resolution as previously presented?
Mr. Tom Jordan: Mr. Mayor, Mr. Gibson, Mr. Plummer, Commissioner Carollo,
my name is Tom Jordan, I'm a member of the Culmer Advisory Board elected to
perform a function and in support of your requirements that an Advisory Board
be set up in this area, we have been duly constituted to act in the area. Now,
prior to our election in the area to perform our function and we have very active
group that's very interested in what's going on in the area. This Commission
apparently funded a private organization within that area. As a result of that
funding an authority exist within the area which we are concerned about and
monies are expended under a contract by the City with this private organization
and we have investigated this organization and we have seen the contracts and
what they require and what they fundand what they say and the opposition is
that the City of Miami is funding an organization that is not legally
constituted. The contract that the City has signed with the private organization
is self -acclaiming. It says that the private organization acknowledges that
they are the legal authorities that have a right to act as a private organization,
but this organization has not conformed with it's by-laws, it has not had
annual elections as required by it's by-laws. There is a report in here that
apparently is made to Dena Spillman by Nancy Baldman here that says that this
person that acts as a representative for this private organization, New Washington
gl
129
NOV 261979
Heights acts with the acceptance of... and the Executive with the acceptance
of that Board, but the by-laws strictly require that there be an annual
election for anybody that acts _to represent New Washington Heights. They haven't
had an annual election almost since there inception. They have been appointed.
The contract that the City has executed with this private organization and they
have a budget gentlemen of about two hundred thousand dollars of which I think
eleven thousand is relegated for community services and the rest of it is
relegated to other activities and private enhancement of the members of that
organization.
Mr. Plummer: Mr. Jordan, I could hear you a lot better if you spoke softer.
Mr. Jordon: Alright, I'm sorry. Now, we go over the corporation which
fortunately the City Attorney saw that there was provision in there that'provides
that if the money is improperly spent in anyway, that the City can require
indemnification from these officers who's words they accept to be what they
are. They don't require a resolution, there is no resolution made part of the
requirements for this contract. When t look at the contract on the bottomof
the contract it says "approved as to form and correctness" signed by a City
Attorney who represents this City. Nothing about substance. In other._words,
the City is not concerned with the substance of the people that they deal with
in these contracts. We have people that represent themselves to be legally
constituted representatives of a corporation that are self appointed, never
elected by the constituency in our community, never officially sanctioned by
anybody and here we have the City of Miami dealing with these people on.a
contract basis with no credentials other than as provided in the contract.
'They provide in Chapter... Article 6, the contractor assures and certifies
One, it possesses legal authority to 'enter into this 'contract, no, requirement
for a resolution from the Committee that they purportedly represent. You
accept what they purport to represent on the face, you contract with them -and
fund them without finding out whether they are legal entities, whether they are
legally authorized representatives of those entities. And we in Culmer say.
that this is a new day. We are next and we are here because we -want the City
to recognize what we are set up to do and thus perform a function for the people
in Culmer and for what happens in Culmer.. That's not happening now and it's
not happening because the City has funded...
Mayor Ferre: Excuse me, but i have got to interrupt you. How much longer,
because you have been more than five minutes now?
Mr. Jordon: Briefly, briefly. The City has set us up, they have left us there
to do the job and there is no procedure for requiring anything that happens
in Culmer to come through our Board, to appear before the citizens in Culmer
and to be acknowledged by Culmer. They City has funded this private organization
to function within our jurisdiction and funded them whether they are legal or
not and provided money for them and yet they have not acknowledged that we are
there to perform a function for the community and we say that's wrong and we
ask the City to look into this contract, to look into the credentials of this
private corporation that exist in our atmosphere and to recognize the jurisdiction
that we purportedly represent. Thank your
Mayor Ferre: Alright, sir, thank you. Next speaker?
Ms. Dana Chapman: Mr. Mayor and members of the Commission, on the walls of the
Mayor's...
Rev. Gibson: Your name.
Ms. Chapman: Oh, goodness. Dana Chapman, 1790 Northwest 59th Street. Mr.
Mayor and members of the Commission, on the wall of the Mayor's office of the
City of Miami is a framed picture of an editorial cartoon of. Franklin Delano
Roosevelt with crutches, the thirty-second President of these'United States
of America and a non-descript citizen.The caption under cartoon simply states
"He listens". The Overtown Community Development Advisory Board asks only of
you tonight to listen. We inherited upon our election to this Board an
immediate concern of the community, the matter of New Washington Heights. The
Chairman Bishop George Johnson established the Economic Development Committee
comprised of a majority of the members of the Board. The Committee sought
advisors such as Mr. Charles Johnson, Amerifirst Federal Savings, Mr. Lloyd
Spooner, City of Miami Planner and Mrs. Anna Marie Acker our expert citizen
and resident on community development funds and their allocations in Culmer.
Now, official known as Overtown. Further the Committee has devoted enormous
1.30
Nov 2 1979
gl
time and study methods and research of this organization to place in our minds
and in the proper perspective of this community the ffect of this organization
in Overtown. New Washington Heights Community Development Conference, Inc. was
chartered by the Secretary of State, State of Florida on October 25, 1973.
The original incorporators were and are esteemed members of the Overtown Community
Dr. Joseph Portier Pharmacist, Dr. William A. Chapman, Dentist, Mrs. Addle Cobb,
Community Activist, Father, Lambert Sands, Rector, Saint Agnes Episcopal Church
and Mr. Charles Roberts, Sr., resident of Overtown. The organization on
November 1, 1973 immediately presented itself to the Overtown Community and
received some forty members of the community as its pledged supporters and
an additional membership of thirty on November 1, 1973. With the cooperation
of the Executive Director)Community Relations Board, his office presented the
organization with a modicum of staff to assist in the organization's development.
Through this mechanism and the grant to the University of Miami, the entrance
of Jackie Bell by staff inaugurated by the Community Relations Board, Ms.
Bell of South Florida Economic Development Council staffed on December 5, 1974
as Executive Director-- Acting Director, please excuse me, of New Washington
Heights Community Development Conference. The record further reflect by
January,1975,under this charter and with no proper authorization from the Board
of Directors,Ms.' Bell " organized New Washington Heights Office of Economic Development.
Further, only one item supports Ms. Bell becoming the Executive Director, a
letter from Moses Florence, President, indicating Ms. Bell's position. The only,
substantive evidence we have on Mr. Florence becoming President is Dr. Joseph
Poitier an original incorporator. From New Washington Heights Community
Development Conference records there was no quorum Board member meeting in
attendance until January 17, 1979. The record further reflect that none of the
members of this Board with the exception of Charles Hadley, Judge Calvin Mapp
and Clyde Killiens were elected to the Board through a motion. There has been
no election of officers and members over a period of five years. Based on the
records, the Advisory', Board has examined the present and existing contract of
New Washington Heights Community Development Conference, Inc. fnr 1978-1979,with
the City of Miami and the Board finds under the contract New Washington
Heights with the City of Miami "General Assurances and Certifications, the
Contractor Assures and Certifies that: It possesses legalauthority to enter into
this contract. A resolution, motion or similar action has been duly adopted
or passes as an official act of the Contractor's governing body, authorizing
the execution of the contract, including all understandings and assurances
contained herein and directing and authorizing the person;, identified as
the official representative of the Contractor to act in connection with the
contract to provide such additional information' as may be required. The
Community Advisory Board answers by saying "the Board of Directors of New
Washington Heights Community Development Conference, Inc. is illegally
constituted. There has been no election of officers and members of the board
in five years. Board members were selected, never elected. New Washington
Heights Community Conference, Inc, (the parent body organization) never gave
sanction, approval or through resolution, motion or any similar action duly
adopted any succeeding Boards, the, authority to effectuate the New Washington
Heights Office of Economic Development (the supposed economic development arm) under
the charter dated October 25, 1973. It will establish safeguards to prohibit
employees from using their positions for a purpose that is or gives the appearance
of being motivated by'a desire for profit gain for themselves or others,
particularly those with whom they have family, business or other ties. Mrs.
Willie Mae Bouyer is an employee and under contractual agreement with New
Washington Heights Office of Economic Development and is also the. sister of
Ms. Jackie Bell. Article 8, Citizen Participation, 8.2) The Contractor shall
cooperate with the Office of Community Development in informing the appropriate
Community Development Citizen Participation structure(s) including
the appropriate Target Area'Committee(s) of the activities of the Contractor
in carrying out the provisions of the agreement. Representatives of the Contractor
shall attend meetings of the appropriate Committee(s) and Citizen Participation
structure(s) upon the request of the Citizen Participation. Officers, the Office
of community Development and or Dade County". The Board answers, Ms. Bell
of New Washington Heights Office, of Economic Development, refused to comply with
the request from the Culmer Community Advisory Board to present information on
New Washington Heights Office of Economic Development activities within the
Culmer Community. Ms. Bell of New Washington Heights Office of Economic Development'
refused entrance to Advisory Board member, Gloria Perry, at one of its meetings.
Refused on two other occasions entrance to Board meetings of the New Washington
Heights Community Development Conference, community residents interested in their
Community Based Organization, and the organization which accepted the monies from
Community Development Funds geared for the Culmer Community. Ms. Bell of New
Washington Heights Office of Economic Development was requested by the Vice-
Chairman of the Culmer Advisory Board to arrange a joint meeting with her Board
Kl 3� NOV 2 6 1979
and the Culmer Advisory Board through its member Mrs. Dana Dorsey Chapman and
Mrs. Dena Spillman called and asked Ms. Bell for her cooperation. The joint
meeting was never called, as Board members of New Washington Heights Community
Development Conference, Inc. were never contacted by Ms. Bell. I can say that
because I'm a Board member of New Washington Heights and I never got any contact
and there were several others of the Board who weren't contacted that I contacted.
"Out of Town Travel", all requests must have approval of the Board, as indicated
by a copy of the minutes of the meeting where it was approved. Travel will be
reimbursed according to the State of Florida Statutes 72-217, on City business
(as set forth on October 9, 1969). All out of town travel must indicate the
breakdown of estimated expenditures, and anticipated value to the agency and City.
New Washington Height Community Development Conference, Inc., minutes of the
meetings of the Board of Directors reflect no quorum Board in attendance
from January 18, 1975 through January 18, 1978. First quorum Board in attendance
January 17,1979. Recommendations on matter pretaining to New Washington
Heights Community Development Conference: (1) The City of Miami suspend
funding of New Washington Heights Community Development Conference, Inc.,
effective date December 10, 1979. Funding should remain suspended until a
legally constituted Board of Directors can be elected and a competent Executive
Director is hired. (2) The Community Based organization, the Miami Dade
Neighborhood., Housing Services be requested to expand into Overtown, on the sight
and premises of the New Washington Heights Community Development Conference, Inc.,
offices, maintain the present staff and physical pipment and all records.
Begin immediately to structure a Neighborhood Housing Services office in
Overtown. - (3) Allocation of funding previousl.y;committed `,to New Washington
Heights Development Conference be granted to Neighborhood Housing Services
under contract, the City of Miami. (4) The City of Miami and Neighborhood
Housing Services advertise nationally for a qualified Executive Director. (5)
All present staff members, resign and reapply for new positions, under the
Neighborhood Housing Services Structure. (6) Until such time as we locate a
qualified Executive Director, the Administrative Assistant of New Washington
Heights Community Development Conference, Inc. fulfill the day to day operations
of the office, with Neighborhood Housing Services staff person. (7) Inventory
is made of all furniture and equipment. No records are to be removed unless
they are the personal files of present employees. (8) The over riding concern
is that services continue to the community and that a properly constituted -
Community Based Organization be put in place to administer economic development
for 0vertown. (9), That the City'of Miami request, the Secretary of State, of
the State of Florida, to rescind the Charter of New Washington Heights Community
Development Conference, Incorporated. Thank you.
Mayor Ferro: Alright, sir, who is going to respond?
Mr. Eddie L. Fields: Mr. Mayor and fellow Commissioners, my name is Eddie L.
Fields:I serve as legal counsel to New Washington Heights Community Development
Conference, Inc. Most of the issues raised by Ms. Chapman we will address. However,
I' would like to address the legal ones first of all. New Washington Heights was
organized October 25, 1973, as a non-profit organization under the State of Florida's
non-profit Statute. New. Washington Heights is a private organization only in
the sense that it is not a City agency, it is not a County agency, it is not
an agency of the State of Florida or the Federal Government. It is organized
under an existing corporation statute and we are private only in that sense.
Otherwise,' we are public. We are a non-profit organization set up to serve the
public, primarily the Culmer area. Since 1975 the organization has complied in
all respect, with the State of Florida's Corporation Statute to perpetuate an
existence as a corporation. That statute requires that an annual report be filed
and a fee be filed. In the report you are to indicate your current Board of
Directors and officers. We have met those requirements to this date. The
current Board of Directors of New Washington Heights have been in office, some
of them about a year, a year and a half, others have been in office longer.
The current Board of Directors are familiar with their duties. They have taken
on the responsibilities of carrying out their duties very energetically and they
work on it constantly. We have, or I: should say the Board of Directors have
ratified the projects initiated by the past Boards, the actions of the past
Boards and: as such are constituted now as a legal Board of Directors of the
organization. Some concerns were raised as to why an organization does not
keep minutes of meetings. This was done... we have... even though our minutes
are not as formal as some organizations keep their minutes, we have minutes. We
have matters in the form of letters. We have matters in the form of written
documents as to what were discussed at 'the meetings and however, up to now we
have not had a chronological ledger of things as they were carried out, but this
132
NOV 2 61979
gl
does not necessarily demonstrate or indicate that the organization is not a
legally constituted organization, it merely indicates to some extent in our
very earliest years that we were a little sloppy in housekeeping. This is
an internal matter and it should not be addressed by this Commission tonight.
But I do want to say this, steps havebeen taken over the past couple of
months to get the house of the organization in order. Records are now kept
properly and are kept on file and provided to members of the general public
who want to come in and see what the organization is involved with. I think
that I have asked the legal issues raised. I think now the President of the
organization wants to address the Board.
Mayor Ferret Alright. Mr. Florence?
Mr. Moses Florence: My name is Moses Florence, 40 Northeast 75th Street,
the President of the New Washington Heights Economic Development Conference.
The first thing I want to do is to identify for you the members of the Board
of Directors of New Washington Heights so that we all have an idea of those
who have been involved with us over the past year and some going back four
or five years with the activities and organizations of New Washington Heights.
There are presently ten Board members of the organization. They consist of
Reverend Winston Ruldoph who is a Pastor of the Mount Zion Baptist Church,
Mr. Tom Post who is a property owner in the area, Ms. Dana Chapman who is a
property owner in the area, Sir Sidney Cox who is a businessman in the area,
Ms. Laura Bethel is a school Principal in the area, Ms. Addie Cobb who is the
past President of the Culmer CAA, Mr. Reginald Burton who is'a representative of
a financial institution in the City of Miami -Dade County, Ms. Marie Petit who is
currently employed on the City of Miami staff, Mr. Ceaphus Stanley who is a
concerned citizen in the community and of course, myself. As has been indicated,
we were formed in 1973 by a group of concerned citizens, businessmen and
property owners in the then Culmer area, now Culmer/0vertown area. Their
concern was basically one and one in the same, that over the past twenty years
activities had occurred within that area which reduced its population which we
relocated many, many people from the area which destroyed the economic base.
Their only purpose in organizing New Washington Heights was to revitalize the
economic base of their community and by so doing to bring the community back to
the viability that it was in the 50's and the 40's When New Washington
Heights was first organized in 1973 thru 1976 it was not a,fuuded agenc, it
was a volunteer agency. We received some assistance from the uuu ouuu ty lelations
Board. However, there was no person, if you will, who was responsible for
documenting records and providing detailed minutes of our meetings. There
were several who who were participated with us, who maintained minutes of our
early meetings who are no longer either within this community or who are
no longer with us. Several other persons who, acted as secretary of our
organization in 1973 and in 1974 are no longer in the community and the records
that they have are no longer available with us. Ms. Gwen Cherry who was our
legal attorney and who participated with us in the formation and in the operations
of the organization maintained records of the organization and with her death
those records have not been made available to New Washington Heights, so we
do not have those to verify some of the other items. However, several other
members who were the original incorporators of the organization,arc still in
the area. We have met with them, the City has sat in on some or those meetings.
and what we have done is basically reconstruct for the benefit of the City and
for the benefit of the community a chronological listing of the activities of
the organizations and the approvals and the documentation as necessary. As
Mr. Fields indicated to show the legal chronological activity of the organization.
I basically want to address several other items that were raised in reference
to the operations of New Washington Heights. There have been allegations and
statements made as to the appropriation of the funding of the organization and
these hurt me personally, our Director and the Board, because one of our sole
and primary functions was to insure that the funding that we received as an
organization was handled properly and handled in the best interest of, the
community and to the best benefit of the community. This information has been
relayed to members of the Advisory Board and to others, but it appears that it
doesn't wantto be accepted. Audits have been done of our organization over the
years, one has just been completed .just within the last few weeks. We received
a,copy of the final audit done by the City, requested by the Board of New
Washington Heights this very afternoon. The auditor that performed that audit
for the City is in this chamber at this time and if I could with the concurrence
of the Commission, I would like to ask Mr. John Fairbraze if he would, to step
forward to identify the audit which he.performed for New Washington Heights.
Mr. Grassie: Mr. Mayor and members of the City Commission, the participation
133
K1
NOV 2 6 1979
of our staff, I think we will direct after. you conclude that you have heard
whatever citizen input you would like and then I will try to respond with staff
to any questions you have, but I don't think that we want to do it this way.
Mayor Ferre: I'm going to ask after Mr. Florence conclude his statements, because
I think both sides have been very, very well explained. It is my opinion
that after you conclude Mr. Florence that we ought to ask the staff for their
recommendation and then we ought to open it up for Commission questions and
then if there are other members of the public that still want to be heard at
that time I will recognize them then. I think that's a fair way of doing it.
So you...
Mr. Florence: Alright. Well, I just wanted to reiterate at this point that
none of the activities that have been undertaken by the Director or the
staff of the organization have been in any form improper or illegal., The Board,
has been involved with the organization and with the activities of the organization
and they were selling policy for the organization and for the Director over
the period of time that we have had the contract with the City. And although
allegations are made, there is no fact to back up anything to show any type of
misappropriation or any type of individual enhancement by anyone associated with
New Washington l-leights.
Mayor Ferre: Alright, I would like to just make a brief statement. We have
here two completely conflicting statements, they are totally in opposition.
There are rather strong allegations. The allegations of incompetence in the
lack of record keeping, in procedures and what have you. Now, these are totally
denied by those that have, been accused. Now, I have both friendship and
confidence in the people who have expressed themselves on both sides of this
issueand therefore, I think Mr. Manager, I would like to, now turn to the
Administration and get the Administration's view point, since you have been
closer to the issues and I'm sure these allegations that have now been made
for over a year have been amply studied and either verified or not verified.
So where does... where do you stand?
Mr. Grassie: Mr. Mayor and members of the City Commission, we could approach
an answer to that two ways. (1) We can present for you a long litany of
facts which reflect all of the work that the staff has done with New Washington
Heights as an organization for the last several months. But the basic line,
the other way that I can approach it is simply to give you the bottom line.
Mayor Ferre: I' think that's probably the. preferable way.
Mr. Grassie: The bottom line is that the staff tells me, that they are convinced
that New Washington Heights in the past has been ineffective, there is no
particular reason to believe at this point that they are going to get any
better and if we were to make a recommendation, we would have to recommend that
they not be continued to be funded.
Mayor Ferre: Well, we can... I'm sure that the other side can applaud just
as hard on the other ways. So let's see if we can keep our emotions down and...
Now, that is a negative recommendation and now give us the rest of it. I'm
sure there must be a positive side to that.
Mr. Grassie: Well, the positive side Mr. Mayor, is that the organization has
been identified as a community based organization and it has involved members
of the community in its work. And it has, at least in the past, it seem to have
developed some, credibility in the community. The bottom line that I gave you
is not the sort of thing that we like to have to do. We prefer to work with.
people and keep working and working and try to make it work out. The rather
harsh conclusion follows many months of work on the part of the staff with
the organization. They simply, as I understand the recommendation that they
have given to me, they simply do not see thatthe organization has much hope
of becoming an, effective instrument for economic development in the community.
Mayor Ferre: Well, let me then express my opinion at this time, subject to
of course, to I'm sure to change through further discussion. I am a strong
believer that in areas that are blighted like the Overtown area is blighted,
that the absolute first ingredient that is needed for proper economic and
community development for which I am pledged in this particular area as my
#i1 priority in the next'' two years and I made that statement and I intend to
live up to that statement. The first requirement is a firm and total commitment
from the top and the top in this case is the City Commission. The second thing
134 NOV 2 61979
gl
that is necessary, absolutely essential, is full community participation and
when you get into community participation projects where you have divisions
between different groups for whatever reasons they maybe, personal, economic,
different viewpoints, I don't think it is for this Commission, nor it is the
role of this Commission to pass judgement as to who does or does not represent
the Community that is impacted. I think those that are involved, those that are...
the ones that are affected most be the ones that must make that decision and
that therefore, we in turn must work with those who are the elected representatives
of that particular community in the very same sense that we demand the same
thing for ourselves as elected officials of the City of Miami. Now, on the
other hand I think th at.there has to be a sense of justicein this whole
process. I don't think that we can involve ourselves in these very difficult
times with either personal vendetta, vengeance or retributions of any kind
against individuals that have been sincere hard working and dedicated people
to a cause. But I think the ultimate, the ultimate test must be the participation
of neighborhoods and we have been, embarked, upon this course all of tnis year
and I think this Commission went on record in April when we, passed a resolution
that it was the will of the -.-- all five of the members of this Commission in
the month of April, that the approach to community development be through the people
who live and work in the neighborhoods involved. Now, with those conditions
then we go to the third one which is we cannot do this alone. This is not
something that the City of Miami Commission can will, nor is it something that
can be willed strictly because there happens to, be a hundred or five hundred
neighbors who decide that they want to do something. Those are the first two
essential steps, but then we've got to go to Washington because that's where
the money is, that's where these things are going to be done and the only
way we could go to Washington. is if (1) we have plan that's properly organized
and executed and (2) if we go in with community involvement, in unity. We
cannot do these things with a divided, house. We cannot build a house on sand.
Therefore, I think that we are at a point where we have to make some very
crucial decisions. now, is there anything else that you would like to add t
your statement before I open it up to the rest of the Commission?
Mr. Grassie: Only Mr. Mayor, that in an attempt to be responsive to your
question, I gave you an unequivocal answer. I think in addition to that we
would have to say that the mechanics of working out any kind of transition tnat
you might decide on would involve a consideration for the New Washington
Heights organization and we would have to work with them and of course, with
the CD Task Force to determine exactly how this would be accomplished.
Mayor Ferre: Well, I think that Mr. Florence was eminently correct in his,
statementthatthe City of Miami Commission is really not in power to decide
who is or who is not in the Washington Heights Corporation, that is not a
creature of the. City. What we are in power to do is to decide how we function
as a government and with whom we function for the purposes of community
development' and for the funding of the projects that we think must be carried
out. I would hope that there would be some way to compromise this so that
there would not be a dooms day approach that either we go one way or the other.
I would hope that these two groups would not be irrevocable to sitting down
and discussing this in such away as that we can come out with some sort of
consensus. Now, I am.. Now, Father Gibson is one who has so many times told
us about his trip to the holy land and about how he.... Well, you say it in your.
own words, I'm not going to repeat you.
o, no, go right on.
Mayor Ferre: You know and certainly if the Arabs can talk to the Jews and
vice versa and if Egypt can come to a peace agreement with Israel certainly
people who with one notable exception who are of the same race, in the same
City can certainly come to some kind of a consensus. And I'm sorry there are
other notable exception too, who are participants in this, but who are hopefully
are people of, goodwill and who can sit down and come to some kind of an agreement.
I would like to respectfully request that these two diversion groups sit down in
the next day or two and see if you can come out with a peaceful solution. Now,
I would hate to have to impose on the will of this Commission. However, if its
gets to the imposition of will, then I must just, speaking for myself, say
that_I am strongly committed to the proposition that people neighborhoods
must make decisions for themselves.
Rev. Gibson: Mr. Mayor and members of the Commission, I warned you that this
day was coming. I kept raising this' flag and they kept talking about it and
I don't think you heard me. At... the last time that these people
were here, I indicated to you as a body unequivocally you had to come
to the conclusion that you must get 113t the umpteen names you haveN over0bthere
gl an
and have one. I told you that, I'm going to stand by that. These is the
way to confuse people, is to have several names and they 'don't. know Were to
go. So at the last meeting we agreed that all over there where those Black
folk live will be considered Overtown Did we not agree to that?
Mayor Ferre: Yes.
Rev. Gibson: Right. And that the Board members will be chosen from the
entire area rather than Phillis Wheatley having one Board, Culmer having another
Board, New Washington Heights having another Board. You remember that?
Mayor Ferre: Yes, sir.
Rev. Gibson: Alright, good. I laid that ground work, I laid that firmness to
hopefully overcome this, that is to avoid this. I said to you then and I'm
going to say it to you now, you cannot tell Washington Heights who their
staff people ought to be. I begged them not to bring that here because then,
it gets to be personal, but that if, but if all of the people had an opportunity
to elect the Board and that, that Board had the privilege of recommending who
should be and who should not be funded, that any group or segment of that
group would be responsive and responsible to the Commission through that Board
that was elected. I made that clear, nobody listened to me, at least that's
why they are here. I couldn't get them to do it and evidently they thought
they better come here. I said this to certain members of that Committee, that
Board you cannot tell Washington Heights who ought to be on their staff because
Washington Heights have a contract with the City and either the City must
cancel the contract or let Washington Heights decide who its staff ought to. be.
Now, I made that clear. I think where we are tonight is that we the Commission
ought to recognize the people who were chosen or if Nou don't want 'to T Je
them... we spend a lot of money for a lot or otaer taings that con u.c.
hill of beans, let's have an election and let it be known that there is going
to be a Board that is going to control that entire area from 22nd Street Northwest
to 5th Street Northwest, from 7th Avenue Northwest to the Rail Road Track
Northwest. And once that's done everybody goes on out there politicing to get
his friend elected to the Board and then all those... Washington Heights then,
you know, would be a part of the Overtown and well, Washington Heights will
understand that they are the children and not the mom and the,poppa. You
understand what I'm saying? Now, if Washington Heights doesn't want to dothat
you have a choice, you can't do one darn thing with that corporation because
they are legally constituted. But one thing you can do, you could, hold their
money back. And learned this thing very quickly in the integration struggle
all you have to do is to affect a man pocketbook and he get's religion in a
hurry. Isn't that right?
Mayor Ferre: I'm with you.
Rev. Gibson: Alright, now I'm suggesting to you that you, I'm talking about
the staff, go from 5th Street to 22nd, go from the Rail Road Track to 7th.
Avenue and let everybody know that you are getting a Board and that all, A-L-L
capital, all the matters pretaining to that area will come under that Board.
They will make their recommendation to you and to me and to Mr. Plummer, to
Mr. Lacasa and to Mr. Carollo.
Mayor Ferre: And don't forget the Mayor.
Rev. Gibson: Well, I said to you.
Mayor Ferre: Yes, ok.
Rev. Gibson: You, meaning you the Mayor.
Mayor Ferre: Ok.
Rev. Gibson: Alright. Well, let me put it the other way, make their
recommendation to the five members of the Commission, the Mayor included And
at that point the buck stops there and nobody... you see, what has happened
when it is convenient the'staff or somebody goes and sees Phyllis Wheatley.
A good example, you.. Phyllis Wheatley's school doesn't have a playground,
you have a park about three blocks over and the sensible thing to do is to
have some trade offs. I hope the staff hears what I'm saying because I haven't
been able to get them to understand that, not even her to understand that.
It isn't that they don't understand it, they don't want to understand that's
what's wrong. Phyllis Wheatley has no play area at all and so what you do...
alright, here is what has happened. A seAt of the people over there on
gl
NOV 2 6 1979
3rd Avenue around 20th Street around Saint Agnes from 17th to 20th they
decide they are Phylliswbeatley. Now, there is another section down on
llth where you have the Culmer area & note, you were about to change
that name the other night to have the members of Saint Agnes, one of the largest
Black congregations in this area come down here later on and eat you up,
that's what you were going to do and I begged you not to do it. You remember
that? You all don't remember that? I saved your hides, because that's what
was going to happen, ok. Now, I'm saying to you the sensible thing to do,
is to spend enough money, go back on out there and to get all the elections
and Boards you have, get rid of them and say it too, let it be known, publish
it. We are now going to elect, if it's a twenty-one member Board, a twenty-one
Board of people who own property and live in the area from 7th Avenue to the
West, the Rail Road to the East, 5th Street to the South, 22nd to the North.
I make that motion as being the motion that will start the first step in
settling this matter.
Mayor Ferre: Alright, we have a motion that the City of Miami Administration
immediately proceed to a community election in the area as described...
Mr. Tom Jordan: I want to speak to that.
Mayor Ferre: Isn't that what you just said?
Mr. Tom Jordan:
City.
Rev. Gibson: Sir, let me say this. Listen to me. Wait, wait
you better listen to me.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Rev. Gibson Ok, listen to this. I tell you what you do, don't accept what
I just offered you and you know what's going to happen, you are going to
walk out here and nothing is going to be settled. You are going to have
turmoil and let me tell you this, you are going to live to regret it because,
bacause. And Counsel let me tell you my brother, you better listen, the only
feasible, sensible thing to do... those of you who had Overtown Board
remember when you had that election. I'm going to tell it to the public, it
was not expressly stated now that, that was the intent. Now, you know and I
know. My brothers, you know, I may not live in flesh over there, but I was
born over there and I know all the folk over there who are anybody and I.
know the secret. Now, I say to this Commission...
Mr. Tom Jordan: So do I.
Rev. Gibson: Regardless of what you say, I'm going to offer the motion. I
offer the motion that the City apronto goes over in that area described legally
as I have said and notify there is to be an election and there will be a Board.
whether it is a fifteen member Board or a twenty-one member Board, I do not
care. Everybody will have a chance to vote for his or her choice. That the
first step andI will go the second one after I get a second and we deal with
that.
Mr. Tom Jordan:
We are duly elected and constituted and
approved, by' the
wait, Counsel
And Washington Heights does concur with that.
Mr. Tom Jordan: May we speak to the motion if it's seconded?
Mayor Ferre: Alright, I'm going to recognize you in a moment, but I want to
see for the purposes of discussion if we have a second on Father Gibson's
recommendation as in the form of a motion. Is therea second?
Mr. Lacasa: I second.
Mayor Ferre: Alright, now, you want to speak to that.
Mr. Tom Jordan: Mr. Commissioner, there is a private organization that
I own and I would like to make a resolution in that private organization that the
Commissioners here run for office again, because that's what you.are asking us
to do. We are officially, duly elected and certified by, the City and recognized
as the Culmer Advisory Board in our area tend that doesn't include Dorsey,
Wheatley or Culmer or... it includes all of us.
gl
137
NOV 2 6 1979
1
Mayor Ferre: Yes, it does.
Mr. Tom Jordan: Yes, well, I mean it doesn't include one branch of it.
The members on this Advisory Board come from the who Overtown area and live
throughout the area, they don't live in one area. What you are doing then,
is you tell us after we have been elected and everything else because there is
dissatisfaction with a private organization within our perimeter, that we
should go back and rerun for office, that we should go back a get elected by
the people in that area again to satisfy the requirements of a private corporation.
Now, we have not got the right to question the leadership of that organization,
we can question the credentials of them because they are spending money in our
area and that's the thing we question. We'don't question the right of the
corporation to exist, but when people` in that corporation and we have members
on our Board in that corporation, have never been elected officially in their
organiztion. Now, he would like, to ignore, Mr. Rolle, that they have By -Laws
in that corporation, but I have a copy of the By -Laws, so does the City Commission,
so does... they are attached to your contract that you made with them. So
therefore, they require certain, procedures for them to be legally authenticated
and that's not there. And our Board established that theyadmitted the
recommendations come from your own group that they are not duly authorized.
Mayor Ferre: Alright, sir, let's give somebody else an opportunity.
Mr. Florence: Right, right, sir. Yes, Mr. Florence ... Two things
I want to, make the Commission aware of. First of all, WashingtonHeights of
course, has been active in that area since 1973. We have not just recently
been elected or active in the area. The members of Washington Heights, starting
with the original incorporators, have been active in that area since 1973 and
the Directors on the Board of Washington Heights are representatives of that
community as I have indicated to you.
Mayor Ferre: Yes, but you see, Mr. Florence, I've got... my problem withthat
is that five years have gone by and the question is who selects whom and are...
is your organization representative of that community and I have a question
as to who represents who around here, because we have got two Boards here.
Now, we've got a CD Board that was legally constituted and went through a
legal electoral procedure that was legally selected to the community development,
which means the whole community development of that particular area which is
now referred to as Overtown. And that includes everything including Phyllis
Wheatley, including Culmer and how far does it go, Dena Spillman?
Rev. Gibson: It has to go to 22nd in order to get Phyllis -Wheatley.
Mayor Ferre: Does it include all of Phyllis Wheatley and Washington Heights?
Ms. Spillman: It includes the entire... all Culmer area which is...
Mayor Ferre: Overtown area.
Rev. Gibson: Let me ask you this. Mr. Mayor, what you didn't ask is, did you
tell the public that's what was happening when it was done?
Ms. Spillman: Absolutely.
Mr. Florence: Right, that's true, because only sixty-five people voted in that
election.
Rev. Gibson: Well, wait, wait a minute. Where is the notice. Wait a minute.
I don't want to hear no word of mouth. Where is the notice?
Ma. Spillman: Sir, we had notice....
Rev. Gibson: You know why, let me tell you why I'm raising the question.
Remember now I hope this... I -hope you all aren't going to let your emotions
run away with your common sense. Now, just remember, just remember you have
a contract with these people. Alright, remember, the Overtown was not in...
was not a part of your redevelopment machine or your business part. Isn't
that true? You had it in Little Washington Heights, isn't that what...
Ms. Spillman: No.
gl
138
NOV 261979
Rev. Gibson: Don't tell me no... then you better find my money that I have'
been voting. You tell me "no". Be careful what you answer with me now. What.
are you chartered to do?
Mr. Florence: Right, sir. We are chartered to provide technical assistance
in the Overtown area to businessmen and property owners in the area and to
act as a ,catalyst for economic development of Overtowu.
Ms. Spillman: Would you define Overtown? I think that's the question.
Mr. Florence: Well, the boundaries of Overtown have obviously been defined.
They were defined in the Ad Hoc Committee report that is now the redevelopment.
plan for the area.
Ms. Spillman: So it's all... it's the entire neighborhood?
Mr. Florence: It includesthe entire neighborhood.
Ms. Spillman: ,'Ok•
Rev. Gibson: You see, what... just remember you just adopted Overtown within
the last thirty days. Isn't that right, Mr Grassie?
Mr. Grassie: As a name, that's correct sir.
Rev. Gibson: That's right as a name, you just.. you see, you all are not
hearing what I'm telling you. If you want to get out of the mess that you
are in and you are in a mess, ok, you better go on from 22nd to 5th and you
better go from 7th to the Rail Road Track, that includes all... because
Allapattah is not going to let you put them in Overtown and what is that?
The Garment District is not going to let you put them. in Overtown and all that
government Center down there where the Police is stationed, they are not going
to let you put them in Overtown.
Ms. Spillman: Father, may I...
Rev. Gibson: You see what I'm talking about?
Ms. Spillman: I certainly do. I think there is a confusion'here. HThe election
that was held for the Community Development Advisory Board which are the people
who have been speaking this evening was for the area that you have just
described and in fact, we have Laura Bethel on the Board...
Rev. Gibson: Did you tell the people that?
Ms. Spillman: I absolutely. Absolutely.
Rev. Gibson: What happened to that notice?
Ms. Spillman: We had newspaper notices,
Rev. Spillman: Darling I'm not... listen, please. I'm not trying to say you
notice?
are a liar. You know what? Black and white don't lie. Where is the
Ms. Spillman: Well, I...
Mr. Fosmoen: We don't have it with us.
Ms. Spillman: We don't have it with us.
Rev. Gibson: Look, before we vote you better get that notice.
Mr. Plummer: Excuse me, Father there is a legal question to be raised by M
Knox ln reference to your motion. Mr. Knox?,
Mr. Knox: Yes, sir, there is a question.as to whether or not the.City Commission
can direct the holding of an election to select individuals who will comprise
the Board of Directors of a private non-profit corporation.
Mr. Florence: No, he is talking of the Ad Hoc...
Rev. Gibson: Not so, that is not what I'm talking about.
gl
139
NOV 261979
Mr. Plummer: Wait, wait, wait a minute. Wait a minute.
Rev. Gibson: That's not what I'm talking... wait a minute,.J. L.
Mr. Plummer: Father , Father...
Rev. Gibson: I went to Law School one day, that's not what we are talking about.
Mr. Plummer: Father,... Easy Father, I'm going to call a recess so your
blood pressure can go down. Now,...
Rev. Gibson: It doesn't have to go down, just tell the truth.
Mr. Plummer: Alright, alright, may I ask please for common courtesy to
allow Mr. Knox and Father to enter into the dialogue. Mr. Knox, continue.
Mr. Knox: Alright, it's my understanding that the motion articulated that
staff proceed forth with to hold an election in the Culmer area or in the
Overtown area for the purpose of selecting those individuals who would
incorporate themselves and identify themselves as those who will receive
community development block grant funds in the future.
Mr. Plummer: Alright, Father, do you have a response to Mr. Knox?
the.
Rev. Gibson: Counsel, you all hear what you all want to hear.
Mr. •Knox: I'm suggesting further that unless there is a non-profit corporation
organized for the purpose of receiving community development block grant funds,
then the Overtown area is not eligible to receive -those funds.
Rev. Gibson: But you see, you know, Mr. Mayor, lawyers have the doggonest way
of confusing the average public out there George you know, look man...
Mayor Ferre: Well, now we are at a real... now we are getting deeper and deeper
into this one. Let's see if L can understand this. Mr.. Florence, let me ask
you a question. Alright, how many years has the Washington Heights Corporation
existed?
Mr. Florence: Since October of 1973.
Mayor Ferre: Alright, that means we have been going for six years.
Mr. Florence: But we have been funded by the City since 1976.
Mayor Ferre: Now, how much money has been expended by the Washington Heights
Corporation over these six years. Do you have any idea? Does anybody have
those figures?
Mr. Florence: That's not been six years, sir. It's only been... We are into
our third year... our fourth year now. We are into our fourth year.
Mayor. Ferre: Four. Alright, how much money has been expended?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Alright, Two hundred forty-six thousand dollars. Alright, now...
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Alright, alright, now wait a moment, please, let's... let me run
the meeting now. It's two hundred forty-six thousand dollars. Now, the question
is that we have a on the one side a statement that this is a duly constituted
Board that is legally entired to function. On the side you have a Community
Development Board that has been elected through an electoral process that was
duly notified, qualified and we went through the process. Whether six hundred
fifty people voted or sixty-five people voted or ten people voted is not in
question. I got elected with fifteen percent. He got elected with less than
and so did you and so...
Rev. Gibson: But Mr. Mayor,... But Mr. Mayor, the difference was the whole
City was notified whether they exercised their... wait a minute, I want George
to hear this and everybody else. The whole City was notified that you were
gl
140
NOV 2 6151$
running for Mayor, I was running for Commission and whether they went out and
casted their vote or not didn't make any difference.
(BACKGROUND'COMMENT OFF THE PUBLIC RECORD)
Rev. Gibson: See, and all I'm saying... wait a minute. Counsel, you know, I
was going to get you out of this mess, but you wouldn't let me. Listen to
this. I always say "lawyers will do it". My son is a lawyer so I don't have
anything against lawyers.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Rev. Gibson: Well, he better start praying. Let me tell you this. Let me
say this.
Bishop George E. Johnson: This is not our problem and if y ou are what you say
you are you wouldn't be denying them out of their rights. They have their
rights. And you must give the time to demand their rights. You cannot take it on
yourself because you are a Commission.
Mayor Ferre: Alright, Bishop...
Rev. Gibson: Counsel? Bishop, I... you know, I'm for the thing you want-
and you are talking about, but you know what you all are not listening.
Bishop Johnson: But you are not getting to me.
Rev. Gibson: Well,...
Bishop Johnson; Give the what I want.
Rev. Gibson: I'm trying to... No, I can',t give you what you want, I have to
give you what's right or legal. Listen to this, if all of the people were
told that would be the Washington Heights people as well,i that this ---is what
we want to do,. I hope you didn't listen before was the second thing. The
second thing would be that all of that business will, then come under you...
Bishop Johnson: I don't want it, I wouldn't have it. That's right, the people
asked for exactly who they wanted, let them stand where they are.
Rev. Gibson: Well, you all better...
Mr. Tom Jordan: Father Gibson, areyou required to go out,in out your'
community and notify each voter in your community that you are running for
office?
Rev. Gibson: Ok, I... Alright, sir, let me say this to you. I will withdraw
the motion and let the Commission flounder as it was going to do anyway and'
you know what's going to happen, you leave:here tonight and you aren't going to
get a darn thing.
Bishop Johnson: We don't mind.
Rev. Gibson: Well, that's the penalty you will pay.
Mayor Ferre: Well, it's a very heavy penalty and I certainly don't want to
be a part of more floundering. We've floundered enough.
Rev. Gibson: Well, I have tried... listen, Mr. Mayor, all of you know that
1 bore the brunt of this thing.
Mayor Ferre: Yes, that's true.
Rev. Gibson: I got you to where you are. At least you are.here tonight together,
you weren't hear before together.
Mayor Ferre: Alright,...
Rev. Gibson: Ok?
Mayor Ferre: ... let's hear two...
1
a
141
NOV 2 6 1979
Rev. Gibson: You know, it's a sorry bunch who will not listen to a fool, ok.
I'm in it and I_ know what's happening and I'm trying to help. I will tell you
what you do, do it your way.
Mr. Joseph W. Poitier: Well, Father Gibson and Mr. Mayor... First of all,
Mr. Mayor and Father Gibson and all the Commissioners per se, I'm one of the
original founders of New Washington Heights...
Mayor Ferre: Sir, we need Your name' and address for the record.
Mr.. Ongie: Your name please.
Mr. Poitiers Joseph W. Poitier and I think I have worked politically with all...
Father Gibson please don't leave because I don't think you will be receptive to
the audience of what I got to say. I would appreciate your staying.
(BACKGROUND COMMENTS OFF THE PUBLIC RECORD)
Mr. Poitier: Yes, well, let me tell you one thing, the concept of New
Washington Heights was achievement through any means under the guise where we
saw Urban Renewal and all these other concepts coming into being and I thought
perhaps we could have had full participations as individuals Pminently, I
need not say color or whatever the case might have been. But the political
acclamation was this. We did not come before the City or County stating...
well, Earl Cow was Commissioner that particular time. We didn't come with
the guise of saying that we want to make money, that was not my great concern.
I wanted to help Maurice Ferre, help J. L. Plummer, help anybody else. It's
for the good of the community per se whether it was the City of Miami or Dade
County and we had no malfeasance: intent, no other', intent other than to do
things which we called was constructive for our given community. Then I
became sick, I assume that the Mayor knew it and I think J. L. Plummer knew
it... Commissioner Plummer knew it and I' got out of this political arena and all the
concepts even in business three years ago. And I am cohabitant with this
particular thing. No money is involved. There was no monies. We had no
monies before 1975. You were funded, I think in 1976, am I right? Seventy
six thoudand dollars, what was that? I took money from the left side pocket from
the drug stores without entertainers and invitation, which I; have never been
given a hundred dollars by no concern whatsoever. Now, you know what I'm saying
to you, please for Gods sake... I' think that when we talk about whatever
development concerns we do have I want to know whether they have emnity
in a sense, you are, talking about Advisory Committees...
Mayor Ferre: Well,; now Dr. Poitier the only thing I'm going to ask you to
do is common down because I don't want on my conscience...
Mr 'Pottier: Yes, but it excites me in`;a sense...?
Mayor Ferre: Yes, but I don't want you getting sick and then in...
Mr. Poitier: Well, I will get sick again, but I think... when you talk about
an Advisory Committee for the County or the Clty what autonomy doesn't have
you are giving advice and put it purview, maybe come back to the City Manager
or come back to City... and I know this has been... done the same thing with
the County, but how far does it go. In ramification with the legal aspect
tell me -how fair and how fair play. But New Washington Heights was an entity
which concerned non-profit and the space factors and I think we did operate in
that particular guise and we were honest and not dishonest in a sense. If
you ask any questions come back and I think there should be; a meeting of the
minds and I don't... I don't see no reason to here before the City Commission
because I think we can solve the problem, that's simple as that.
Mr. Reginald Burton: Above that Mr. Mayor.
Mayor Ferre: Alright, your name and address for the record.
Mr. Burton: I'm sorry, I'm Reginald Burton, I'm at 1148 Northwest 47th Street.
I have worked a number of years with savings and loan associations here in the
City of Miami. I came to assist New Washington Heights during the summer of
last year at'the request of Ms. Jackie Bell. I came to New Washington Heights
primarily to see if I could lean any assistance in what I thought was a
floundering environment. I was elected to the Board of Directors and have
worked diligently subsequent to that time. I have gone on leave of absence from.
Washington Federal to work in another 'community based organization as the
Assistant Director for the Neighborhood Housing Services which was referred to
earlier in this discussion. It's my contention gentlemen that this whole arena
142 NOV 201979
gl
is brought about primarily because the Commission did not do it's job. I;
think you heard a plea earlier from the Task Force. A plea to provide them with
guidance and direction and I think sir that, that's direly needed.
Mayor Ferre: Alright, sir, I'm going to do that right now. Alright? I'm
going to make a motion...
Rev. Gibson: What are you going to do with the one that you already have...
Mayor Ferre: Well, you withdrew that.
Mr. Plummer: You withdrew it.
UNIDENTIFIED SPEAKER We do concur with the motion that was made previously:
Rev. Gibson I just want to make sure that we understand it.
Mayor Ferre: No, I'm not going to...I'm not going to .
Rev. Gibson: I want it withdrawn.
Mayor Ferre: I would like to make the following motion at this time. I would
like to request, I can use a stronger word, that the Board of Directors of the
CD area and of the New Washington Heights Corporation meet this week and come
to a conclusionon this matter. Otherwise, by the loth -day of January all
funds will be suspended for the Washington Heights Corporation and a new
election will be held within the month of January for that area and whoever is
constituted as the Board will be funded for the monies left over for this
fiscal year that have been appropriated for the New Washington Heights
organization for the City of Miami. Now, either you get together and you get
your act together or as far as I'm concerned the monies are suspended for
New Washington Heights and there will be a new election for the CD area and
then you are going to have to live.... both of you are going to lose out.
UNIDENTIFIED SPEAKER:
. Mayor?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Plummer: Just a minute. Hey, sit down I'm running the meeting.
Mayor. Ferre: I'm telling you, you either get together or as far as I'm concerned
you are both disband.
Mr. Plummer: Is there... wait just a minute. Now we are going to... when I'm
conducting it, it's either going to be orderly or we going to abandon everything.
Is there a second to the motion? For the second time is there a second to the
motion?
Rev. Gibson: Mr. Mayor, I'm going to second your motion...
Mr. Plummer: The motion is nowduly seconded and under conversation Father
you are recognized.
Rev. Gibson: I am going to have to the unmitigated gall to second this motion,
because I want to tell the Commission this,;I begged both Boards to come together
and have a meeting before and they would not meet. Now,... listen to this
Mr. Mayor, so that everybody knows that I come in court with clean hands.:I
am so glad and I will 'near that if you don't do it we are going to close your
money and we are going to have a new Board elected. Amen. Hallelujah. Let's
vote. I call the motion.
Mr. Florence: Mr. Mayor.
Mr. Plummer: Father, please. Mr. Fletcher?
Mr. Florence: Florence, thank you, sir.
Mr. Plummer: Mr. Florence, I.'m sorry.
Mr. Florence: I just wanted to advise the Commission that Washington Heights
is i.n'the process now of holding it's annual meeting which will beheld the
second Wednesday in January. As Dr. Poitier tried to indicate, we are not.
restrictive in terms of the participation or the membership in our organization.
It's opened to anyone who wants to participate with us.And through that process`
11111111111
gl
143
Nov z e 1979
as the Attorney, Mr. Knox has indicated. We are an ongoing organization.
We have been funded. We are community based, our membership is opened to
anyone and everyone who wants to participate within the community that, that
vehicle is there and available to proceed.
Mayor. Ferre• Mr. Florence, we cannot disband your organization, all we can
do is cut out your funding.
Rev. Gibson: That's right.
Mr. Florence: Mr. Mayor, I would just like to add...
Mr. Plummer: Would you like to be recognized first?
Mr. Florence: Certainly.
Mr. Plummer: You are not. Mr. Grassie, point of information.
Mr. Grassier Just for the information
of the
eeCity
Commission
ot act we
wwilththehave
toend up with at least two organizat we cannot contract with them to
Task Force as a citizen representative group,
perform a function other than represent the citizen. So we are going to have
to have somehow, some way two organouzarensnto havecitizen
to haveesomeakind ofand
an.
if you want economic development y going
organization. Not necessarily Washington Heights, but some other citizen based
organization.
Rev. Gibson: Mr....
Mr. Plummer: Father Gibson is recognized.
Rev. Gibson: Mr. Manager, what you don't hear in that motion is that Washington
Heights won't get no money and that Board won't get no money, but that the
money will be held and at the time we the Commission find a suitable organization
we will then ask you to release the money. That's what that means andng to nII don't
want you to be out here unaware that, that's isn't what's goingttor happen.
And if you all had listened to me you might have gone--- y listwo en...
the Mayor gave you a second chance. The Mayor has said to you, you
oards
go get together and have you act together come back and if you don't have it
together, he said "Washington Heights you ain't going to get no money after
the loth" and you that...
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Plummer: Mr. Jordan, would you have a seat for a moment, sir?
Rev. Gibson: And that you the people who represent Overtown, you won't get
no money either.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Plummer: Mr. Jordan, I will ask you for a second time to be a little...
Rev. Gibson: You know, Man, I would hate to be the Judge and you were in my
court, you would kill your client. Ok?
Mr Plummer: Are you finished Father?
Rev. Gibson: Yes.
Mr. Plummer: Counsellor?
UNIDENTIFIED SPEAKER: Father Gibson, Commissioner Plummer, Mr. Mayor and the
Commissioners, I would just like to bring a matter to you attention, not being
argumentative, but a point of clarification. We have a contract with the City
of Miami that goes through June 30, 1980. I think that the City Attorney has
ruled that we are not in breech of that contract. So I just like to, bring that
point of clarification.
--Mayor. Ferre: We don't know that. He doesn't know that.
Mr. Plummer: Mr. Mayor, would you let the Counsel finish and then you can raise
gl 144 NOV 2 61979
Mayor Ferre: Mr. Chairman, I don't think that anybody here...
Mr. Plummer: You are on the point of personally privilege?
Mayor Ferre: Yes, sir, because I don't...
Mr. Plummer: Recognized.
Mayor Ferre: ... think anybody has ruled that these people are in breech of
contract or not in breachof contract. What the City Attorney said is that
if they are not in breachof contract we have a contractual obligations thru
June of 1980, but I don't know that they are or they are not in breech of
contract, that's something that the Administration is going, to have to verify.
Now, my point again as the maker of the motion is that either you get together `.
or as far as I'm concerned, the slate is wiped clean and we start all over again.
That means that Washington Heights doesn't get any funding from the City iof
Miami. We can dissolve you if you are in breach of contract, I don't know
that you are, and that we are going to go through the process of electing
a brand new Board all over again. Now, either you get together or we wipe
it clean and start all over again.
Rev. Gibson: Mr. Chairman?
Mr. Plummer: Father Gibson? Well, excuse me, the. Counselor still has the
floor unless you raise a point of personal privilege.
Rev. Gibson: Are you through Counselor? I want to answer you.
UNIDENTIFIED SPEAKER: Please do.
Mr. Plummer: Well, let him finish Father. Are you finished Counselor?
You relinquish the floor?
UNIDENTIFIED SPEAKER: I relinquish the floor.
Mr. Plummer: Father, you are recognized.
Rev. Gibson Let me tell you something you don't hear. Any time a staff
as capable as this staff makes a comment and the Manager comes up with the
recommendation in an open meeting without equivocation
you can be well assured that he didn't make that comment or recommendation
lightly. You understand what I'm trying to say?
UNIDENTIFIED SPEAKER I understand what you have to say Commissioner Gibson.'
Rev. Gibson: Alright, My brother get smart.
UNIDENTIFIED SPEAKER: But without going further, we do have some questions
about your staff
Rev. Gibson: Well, I will tell you this, I would hate to have
a crucial moment like this.
UNIDENTIFIED SPEAKER: We have them against us in this case and we have got
proof.
Mr. Plummer: The young lady in red is recognized Excuse me, for not remembering
your name. Perry, I think it was.
Ms. Perry: Right. I would just like to make the Commissioners aware of the
fact that this Board on three occasions have tried to meet and to come to some
compromise with New Washington Heights. The first date was October 30th, the
recommendations were forwarded to the Public Advisory Board Meeting that the
next one that we had. The next date that we tried to meet with them was November
the 7th before we were scheduled to come down here before. The last attempt
was Friday evening where we sent registered, certified letter to the Board members
on the... the Board members that they have now and the ones that are the
original incorporators. We have not gotten any cooperation from New Washington
Heights. I don't feel that we will get that cooperation and I think and these
are my personal feelings, that the City Commissioners have been unjust to the
Overtown/Culmer residents and in the decision that they have made and I want you
to think about that because you are going to be put in that same position.
gi
145
Nov 2 6 1979.
Mr.
Plummer: Thank you, Ma'am. Ms. Chapman?
Ms. Chapman: I only wanted to verify that the certified mail went out.
Mr. Plummer: Well, would you speak a little more into the mike.
Ms. Chapman: I only wanted to verify what she said about the certified mail
and we could not establish a quorum with their Board. The other occasion that
we did meet with them, I can't swear to it, but by me being a member of New
Washington Heights Board...
Mr. Plummer: Mrs. Chapman, excuse me, I'm going to ask you to. speak to the
motion on the floor or I will have to rule you out of order. Now, the motion
on the floor is very clear, the two groups get together this week and; if they
are not able to come out united or jointly in their thinking, then .I -understand'
the Mayor's motion to cut off the funding by no later than the loth of January.
Now, speak to that motion and I will let you continue.
Ms. Chapman: The only think I say in regard to the motion' is that I' wanted
you to know that this Advisory Board at Culmer tried to meet with them and`
that's it.
Mr. Plummer: Well,'I think what the Mayor is saying to you,
try again, ok?
Mayor Ferre: And if you are not able to do so that we then will take the
next step which I hope we can avoid, which, is a rather drastic step and that
is to cut off the funding by the loth day of January, provided however, that
of course, you establish the fact that they are in breach of contract. But
1 don't :gee any other way. We cannot turn over the funds if the Washington
Heights contractual obligation that the City has to the CD, because that's
illegal. We cannot do that. That cannot be done, that is illegal. Now, the
only thing that we can do is cut off their funding and I'm not about to do that
until I feel that we have done the maximum and at that point I'm not only going
to cut then: out, but I'm going to cut you out too.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Plummer: Now, now, just a minute,
be recognized. Dana Chapman.
if you want to speak you are going to
Mayor Ferre: Now, I'm not Solomon,but that's as close as I can get tonight
under these adverse circumstances to corning to something that's realistic.
Mr. Pluuwier: Ms. Spillman, you are recognized.
Ms. Spillman: If it
Mr. Plummier:
Ms. Spillman:
Mr. Plummer:
Mayor Ferre:
Ms. Spillman:
. have you passed your motion yet
Would you speak into the mike?
Did you pass the motion yet?
No, it is not, we are under discussion.
No, Ma'am it's 'under' discussion.
Well, then I will wait until you...
Ms. Bethel: I would like
I'm Laura Bethel.
to speak. I would like to speak to the motion,
Mr. Plummer: Now, just a moment Laura Bethel. Ms Spillman are you finished?
Ms. Spillman: No, I was going to set a date for the meeting, but since you haven't
passed the motion yet, we can't do that.
Mr. Plummer: Alright, Ms. Bethel, you are now recognized.
Ms. Bethel: Ok, I would like to speak to the motion...
Mr. Plummer: Since you have not spoke before would you, give your address,
please?
Ms. Bethel: I'm Laura Bethel and I, operate a business at 1801 Northwest 1st Place and
what I would like to speak to is attachment to the motion that the Advisory
gl
1.46
NOV 2 o 1979
Board will be done away with. I think this makes mockery of the people in
doing away with the Board that it has duly elected and I would like you to, •
think through that before passing it because it was fully advertised and all
the standards that were setup were adhered to. So I would like you to think
about that thoroughly before making mockery of the residents of the Overtown
area and before saying... because this is not a "yes Committee that or Board
that is incompetent and should be wiped out or whatever.
Mayor Ferre: Mr. Chairman?
Mr. Plummer: Mr. Mayor?
Mayor Ferre: Alright, Ms. Bethel, before you sit down, you are the Principal
of a school and you have therefore, the responsibility of a lot 'of children
and you deal with on a daily basis with right and wrong and I want to tell you
as the Mayor of the City of Miami, that in this case there is right and wrong
on both sides and I am not going to put myself at this junction as the Judge
of the right and wrong because we are not at that point. I hope that this can
be worked out within the community because it is a community problem. Now, .1
must say in all candor that I have serious questions about the whole process.
I must say that I am concerned that a quarter of a million dollars has been
expended and that we are not further along the road to economic development
than what we are, I must say that honestly. Now, on the other hand I cannot
put the total blame on any one individuals or any group of individuals, but
the Administration that lives with this problem every single day, day in,
day out has said on the record here that it is their conclusion that the
Washington Heights Corporation has not done a proper job. Now, 1 am not concerned
with the personalities, what I am concerned with'is the justice. I am concerned
about the fact that if we want... affirmative action is not only a matter of
choosing people, affirmative action also deals with action in the community and
the fact is that we are wasting very valuable precious time fighting within
the Overtown area between community groups when we should be united. Now, I
am hopeful that you are able to work your problems out. If you are not able
to do so then I unfortunately have no choice but totake very drastic action
and the drastic action must affect everybody. And the only way that I can
feel that you will have sufficient pressure, for you to come to a just and
equitable agreement amongst all of those involved is by putting the pressure on
both sides and the only way I can do that is by saying Washington Heights you
will not be funded and the CD Board you will have to go through the electoral
process again. Now, I hope we can avoid that. If we cannot avoid that, assuming.
that Mr. Knox, can find legal ways of doing all of this, then it is my intention
to use the hatchet and chop both heads off at the same time.
Mr. Plummer: Anyone else want to discuss this matter? Anyone else... Mr.
Lacasa, come back here, sir I wouldn't want you to miss this vote for all.of
the tea in China. Mr. Jordan, do you wish to"be recognized sir?
Mr. Jordon: I would appreciate it Mr. Plummer.
Mr. Plummer: You are recognized.
Mr. Jordan: I just want it to go on record...
Mr. Plummer: No, no, I just recognized Mr. Jordan.
Mr. Jordan: Mayor, these citizens that are on this Community Advisory,Board
are people that came out of the community for the purposes that were organized
for and directed for under the precepts and the guidelines of the Federal
Government. They are non-paying people. They receive no funding that you can
cut off, they are the will of the people and they are the people.from Overtown
and the people in Overtown. A majority of the people in New Washington Heights
and a good portion of them don't even live in Overtown, they have nothing to
do with Overtown other than they have jobs in Overtown that are being funded
and paid for by this Commission through it's funding policy.
Mayor. Ferro: You said all of that.
Mr. Jordan: Now, your contract provides that if they do not meet certain requirements
that you can with hold the funds from them, it's provided in. one of the Articles
of your contract.
Mayor Ferre: You are not going to change my mind Mr. Jordan.
gl
147
NOV 2 0 1979
Mr. Jordan: But what I'm looking to Mayor Ferre is that here you have a
conscientious Board that's been duly elected and in the Position of a dictator
you are going to do away with this Board which the people have chosen.
Mayor Ferre: Mr. Jordan?
Mr. Jordan: And that I don't think is within the province of the Mayor.
Mayor Ferre: Mr. Jordan, it is within the province of this Commission to make
this decision if it's the will of the majority, I'm only speaking for myself.
Now, may I answer you by saying I am not Solomon, but when I talked about a
solution, a Solomon type solution and I might remind you of the story of the
baby that brought before Solomon with the two mothers claiming parentage.
Now, what we have here, the baby is called Overtown, it is the community. My
interest is not you sir, nor is it your Board and my interest is not the
Washington Heights Board either. My interest is the community, the community
is not being served because each one of these mothers wants to claim the
total parentage and what I am saying is that I'm going to take that child
and cut it down the middle. Now, if you want to avoid it, you can do it sir.
Mr. Jordan: We don't want you to cut it down the middle, but one of the problems
is going to be, why do we have Advisory Boards if you are not going to look
to them for guidance in the community . That's the... what's at the base of
some of the argument... we are not asking you to do away with New Washington
Heights and if you choose to fund them or any other corporation that's your
privilege, but either we are recognized as your Advisory Board or we are not.
If we are not there is no reason for us to function because if we don't have the
recognition of this Commission then there is no reason for us to exist and we
should die just because we are useless.
Mayor Ferre: The alternate to that is for us to continue in the floundering
process and the squabbling that goes on between these two organizations.
am not willing to accept that any longer and therefore, I have set a date
personally and will see if the rest of the Commission concurs of January lOth
and by that time you either work out your problems or this City Commission
will impose and I think that will be a very sad day when the community is not
allowed to make it's own decisions because you are squabbling about who is the
proper mother of the child.
Mr. Plummer: Mr. Florence, you are recognized.
Mr. Florence: Alright, Mr. Mayor and members of the Commission, again, as
representative of New Washington Heights we have attempted to act responsibly
in the area. We are in concurrence with your motion. We think it's time that
reasonable people got together and acted responsibly and not on emotions and
vengeance and the other kinds of things that have occurred in the conmnnitY.
We are willing to meet with that full Board anytime and anywhere. We are willing
to act responsible and I think I can speak for the other members of my Board
to try and resolve the matter, because the interest is the redevelopment of the
area and not the personalities of the people involved. Thank you.
Mayor Ferre: I call the question of the Chair.
Mr. Plummer: Mr. Mayor, I will honor, but the Chair has not had the right to'
say anything and the Chair would like to speak.
Mayor Ferre: I withdraw my call of the question.
Mr. Plummer: You are a good man since I got the stick. Mr. Mayor, I liked
what Mr. Florence said at the last and I'm glad that I waited until the last
because you have heard me make a statement here under a number of occasion,
that reasonable people can sit down and disagree, but don't have to be un-
reasonable. Mr. Mayor, I think that you and the rest of this Commission
paramount in our thinking is that there is a problem, nobody has denied that
there is a problem. The Problem said that we can pump ten times the amount of
money, most likely the only thing we are going to get is ten times the amount of
squabbling. Now, I admit and readily admit that something has got to change
because as long as you are ripping each other up, both of you are going to fail.
Nov, Mr. Mayor, I would feel a lot more comfortable with a motion that says
that you people go in a closet and lock Yourself there and if anyway humanly
possible you come out united. I don't want to put that hatchet at this point
over the head. I think everybody knows that hatchet is there, that it can't
gl
148 NOV 2 6 1979
continue as it is. I think there are some legal questions that need to be
answered as to how sharp or how dull that ;axe really is and I think that if
in fact that there is not some meeting of the. minds by the 10th of January
you leave this Commission no alternative but take some drastic action. Mr.
Mayor, I would feel an awful lot more comfortable voting for the motion
instructing all of these.people to get together and try to come out if humanly
possible with cool heads prevailing with some united front fully knowing that
it's not going to continue as it is beyond that point. And the second part of.
your motion turn that over to the City Attorney to find out about the funding
which we might have to come to the l0th of January which we don't want to.
But I believe everybody here has read between the lines, it's not going to
continue as it is. So I would ask you Mr. Mayor, if it is agreeable that
you instruct all parties to get together and try to come back united fully
knowing. They know the consequences. And I would feel if you would drop that
second point and turn it over to the City Attorney and let him come back with
the legality of what we are doing, I would feel a lot better Father. There is
no question where this Commission stands and what it's going to do if you don't
do it for yourself.
Rev. Gibson: Mr. Plummer?
Mr. Plummer: Yes, Father?
Rev. Gibson: I'm wholeheartly behind the Mayor's motion. I have tried... I
have been cursed out, I have been bute and'I have been' scorn and I believe that
when they find out that there ain't no turning back, everybody is going to
get his or her act together. Note what the Mayor has said. The responsibility
is on both groups. If you do what you said you let the responsibility off the
other group. The Mayor says at a certain time we are going to cut off the
money. The Mayor says also, that the other group, that everybody, will go
back out on the market and have to be reelected. that's what... So you know
what will happen, they are going to say "hey,come on man, let's... it's time
to go together now". J. L., I was down here., I was here in your presence,'I
saved the day twice. You remember that? I went to them privately and I wasn't
able to do. And I feel that you... I'm going to say to this Commission the
motion that the Mayor has offered and I seconded it, is the only viable,
sensible solution at this moment.
Mayor Ferre: I call the question.
Mr. Plummer: The motion is called. Mr. Ongie?
ON ROLL CALL:
Mr. Carollo: Ladies and gentlemen and Mr. Mayor, Rev. Gibson, Commissioner Lacasa
and Commissioner Plummer, being the new Commissioner here and not having had
the opportunity to have gone through one of these experiences before...Anyway the
bottom line that I'm trying to make is that out of all fairness I don't think.
it's proper for me to ask for deferment for this, I think this should be •
settle tonight and I have to vote upon what I have seen here. I would like to
make it clear that I have never been the kind of person that likes to bring
something out for or against with a threat attached to it. I think Commissioner
Plummer is right. It's clear what the alternatives are, that both groups. will
get together. Therefore, I have. to vote against this motion the way it is.
If the threat was not attached to it, I would have no problem voting for it, but
as the motion reads, I vote against it.
Mr. Plummer: Yes, you know, really as the Mayor likes to say it's immaterial
which I vote because the dye is already cast three to one regardless of my vote,
but I don't want anybody going away from here much less me thinking my vote don't
count. I just... I'm not going to be repetitious Mr. Mayor, I just really feel
that we have given them instructions. I don't know that it's legal, the motion,
and I have to vote "no" on the motion. But I want clarified for everyone the
overlying thing is that I think that I have heard from both sides if there is
one point of agreement that you cannot continue as you are going. Now, there is
only one way that you are going to rectify that situation and that's among
yourselves. I hope and pray that you can do such, because if not, I don't
want to hear from any of you on the llth of January that the Commission came
in and exercised it's will because you are going to leave us no choice but to
do such. And as the Mayor said I hope that's not necessary. Mr. Mayor, you.
run a good meeting.
gl
149 Nov 2 6 1979
Mayor Ferre:
Mr. Plummer:
Mayor Ferre:
Well, will you vote?
I did vote, sir.
You voted "no" ok.
The following motion was introduced by Commissioner Ferre, mho moved its
adoption:
MOTION NO. 79-805
A MOTION OF THE CITY COMMISSION REQUESTING THE
ADVISORY BOARD OF THE CULMER COMMUNITY DEVELOPMENT
AREA TO MEET WITH THE BOARD OF DIRECTORS OF THE
NEW WASHINGTON HEIGHTS CORP. THIS WEEK (WED., NOVEMBER
28, 1979, AT 7:30 P.M., AT THE PHYLLIS WHEATLEY
ELEMENTARY SCHOOL) FOR THE PURPOSE OF RESOLVING THEIR
DIFFERENCES AND FURTHER, DECLARING THE INTENT OF THE
CITY COMMISSION THAT IF SUCH DIFFERENCES ARE NOT
RESOLVED BY JANUARY 10, 1980 ALL COMMUNITY DEVELOP-
MENT FUNDS FOR THE NEW WASHINGTON HEIGHTS CORP. SHALL
BE SUSPENDED AND A NEW ELECTION SHALL BE HELD TO
DETERMINE WHO SHALL BE THE DULY CONSTITUTED REPRESENTATIVES
FOR THIS AREA AND WHO SHALL RECEIVE THE UNEXPENDED
MONIES FOR THE REMAINDER OF THIS FUNDING YEAR AFTER THE
RESULTS OF THE ELECTION HAVE BEEN CERTIFIED.
Upon being seconded by Commissioner Gibson, the motion was passed and
adopted by the following vote:
AYES: Mr. Lacasa, Rev. Gibson and Mayor Ferre.'
NOES: Mr. Carollo and Vice -Mayor Plummer.
ABSENT: None.
Mayor Ferre:
Now, Dena, do you want to say something?
Ms. Spillman: I just would
at 7:30 at your school Mrs.
Rev. Gibson: That's Phyllis
Court... lst Place.
like to know if Wednesday evening November 28th
Bethel.. can we use your school?
Wheatley up there on 19th and Northwest lst
Mr. Plummer: November what?
Ms. Spillman: Wednesday of this week. November 28th.
Mr. Plummer: Are you going to... by virtue doing that you are eliminating the
public.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Plummer: Well, you are not going to be able to advertise it.
Ms. Spillman: It doesn't have to... this is a meeting
ok,7:30 Phyllis Wheatley Elementary School.
Mayor Ferre: Well, good luck to you.
Ms. Spillman: Ok?
Mayor Ferre: And we are now... yes, Ms. Perry? I can't hear you.
Ms. Perry: You promised to give us an answer on
presented in the beginning.
gl
of the two Boards only,
the recommendations that I
1.50 NOV 2 e 1979
i
k
Mr. Plummer: Mr. Mayor,... Ms. Perry in all deference to you, I feel that is
is only proper that we do this in the norm so that everybody has the opportunity
of knowing what our agendas are, that I make a"motion that this be carried over
as a regular scheduled item at the next agenda, that's proper.
Rev. Gibson: Mr. Mayor?
Mayor Ferre: Father Gibson?
Rev. Gibson: It would appear to me that Ms. Perry, anything you ask for now
is out of order. Since you have to settle what's going to happen between the
two of you because what you think you maybe getting, you may not be there to
get it.
Ms. Perry: Well, that's all and well fine, Father Gibson, but you know what
I want the whole Commission to know that'I don't think that too much is going
to come out of this meeting not knowing what authority this Board has and
does not have.
Rev. Gibson: Alright.
(a) FIRST READING ORDINANCE: CHANGE OF ZONING CLASSIFICATION -
3850-3996 WASHINGTON AVENUE FROM R-2 TO PR AND R-2 TO GU.
(b) GRANT PERMISSION TO OPERATE A FIRE RESCUE TRAINING FACILITY -
3850-3996 WASHINGTON AVENUE.
Mayor Ferre: Alright, we will take up 7A, change of zoning of the Northwest
corner of the tract described as the Coconut Grove Municipal Tract, plus all
of the Jefferson Street right-of-way proposed for vacation being approximately
3850 Washington Avenue, from R-2 to PR of the Jefferson Street Right-of-way.
The Planning Advisory Board recommended denial seven to zero. There was one
objection by mail and there were twenty-five objectors present at the PAB meeting.
Mr. Grassie? We are now on Item 7A, Item 7A. Alright, sir.
Mr. Grassie: Mr. Mayor and members of the City Commission, a member of the
Planning Board is going to make some opening remarks and then we are going to
ask the Fire Chief to speak next.
Mr. Carollo: Mr. Mayor, I call for a five minute recess, if I leave here we
are not going to have a quorum.
Mayor Ferre: Alright, we will take a...
Mr. Grassie: That is the Planning staff Mr. Mayor.
Mayor Ferre: What's that?
Mr. Grassie: We will start with the Planning staff and the Chief next right
after your break.
Mayor Ferre: Alright, we will take a five minute break and let's make it
exactly five minutes.
NOTE: AT THIS` TIME THE COMMISSION TO A FIVE MINUTE RECESS.
Mayor Ferre: Alright, we have three people in here so we now have a quorum.
Would you please take up the next item which is 7A. Alright, go ahead Mr.
McManus, proceed. Ladies and gentlemen, would you please take your seats.
Alright, proceed.
Mr. McManus: Mr. Mayor and members of the Commission, Joe McManus, Assistant
Director of the City of Miami Planning Department. Item 7A pertains to a
request for a change of zoning at the Coconut Grove old smokey incinerator
site. Item 7B pretains to a request for permission to construct and operator
a fire rescue training facility in the old smokey incinerator facility. Let
me just briefly mention that the zoning proposed is to rezone most, of the
tract to governmental use and along the Northly part of the tract to rezone
part of that to PR, public parks and recreational use recognizing the respective
1
151 NOV 261979
-- ' 0 0g4r0040„.. k:Pi'011PaLqell,.,.8-to. ,-!con -, ..__
---iii6e'-€6 EIZ'fire'.;0s1, a.nlpg4L_Ity.on-the propoSed-,Wp0t ,Itt.1
o
1 4:Ct,:WhiCh WOUIdbe2:8,n04therly:Side of the tract. -ThStt,'„,m,..
.
and Venue -park Uses:beeXPande“ht6Hthe vacated right-of-way of Jefferson
jeet',which you -will be considerinvas Item 8 thid evening. That the basketba
,courts, ', tennis courts and parking areas,along the Northerly sites be retained
nd'i:as'I have said be rezoned as PRpublic park and recreational use. 7§„,,
further, I might'also mention that,the Planning Department had recommehW_
apyrOvd“f the proposal, and thdrthePlanning Advisory Board had reCommenda
64041And-,now I would Aiketo hirpdiice„,Chief Ken: McCullough, MidMigifie
)-0altM;;en
1to.explain.,:--
GRODND;:,COMME
merit
• .r`iW
- .
-that 1-70
.'fyears now in ,ourminds.Over
piecerQ24ttA4
#40:r of for asuitSble'o
-• —
-sow6Uldmeet-the special needs7:
bli4M:Iand also drill ground faciliti
1.016'11:-,structured and we can not only use
atcu1ar building offers us some unique,,
-ms of
outside drills, but it offers alI.!;(5z=
rd1ike Chief Ken McCulloughpas
short to you in regars
McCuilough Department..
, . ,.
hsidethe:City,14mitspfMidp
,,
';Uiti[;?haiie:tO. be ree toQJo
oepputproveIncineratorbeu4edlor this
acedihee--:19.7Qand for the past three
'''.:q(1:s an auto mechanics repair4schopl.
rn of;:jieffman, Santos and Remondez.Sr.-
eyeralMonths ago. Their study says that
_aiicFis in excellent condition, consistinf
AoContretezblock 'structure. This trainingcenter
t_,t ,...--,, - , • .-- - - ,,,,,.,
unctions recruit training and for in service
'. hgbasi
oriWncit only be the two hundredo4
er'
lines, elevating eying hose v
adOrhom'sessions on the scienceofAfire
red -of a mirlr nature will be constructed
:smoke,',. n:J-befiltered according to engineers e.menthe:sense of fire. This woUldbekdone
t4ii n 404 U,Cted'in the building. At the presenttime
TheseOtild be very small fires. Also7:7'ge,
where
.
offensive.
'ecrult ciass we had-?-,t0move to five different locationsto4rain
,,A, ' •' "-i?'
ecruits.'-ayei-hid:,atiMeMehyOrking at the old training center doing ladder
sises, other..men at-theCentrai Medical Campus doing emergency medicif
oteeh':''et'station:16 which is no longer used as an active fire'dt:77
practicing cadioptilmOnary resucitation
and some men at the-firegarage
-.PM-.,,'-.------
earning how to pump trucks. The logistics ; of moving a recruit class o
,k-..,,,_
enjaround town to five locations is really untenable. Also we would be doing
n service training to see that the men are keeping their skills, that they
canrstill raise a ladder sufficiently, that they are learning usenew and put new measures into action. We also use this tower::,to,
-l'Odh-this tower to the swat team to practice there and they use the Cit45f.
_..
iiiMi training facility about once a month. This facility would be i'eriarously
:.--,volt.
landscape and would be bermed all the way around, would be heavily lancisdape
-, .
nei:'fenced in. We hope this would soften the institutional effectoftIthis
-.,,-
Uilding. I would like to comment on some of the important features that
hour
tests. The engineers from B.S.R. and decided that we would be
to gi
this type of activity outside the training center. They have deNaiti: me,thod
thought would be problem was the drafting of fire trucks, using these diesel
,,—
Ur,Fire Departtnent garage, the neighbors have complained when we-,:kutiitwo
trucks and a drafting situation was quite noisy and where we do this now
so that the drafting test can be done inside the building inside thee:
foot thick walls and they figure it could be done at an economical cost.
152 NOV 2 6 1979
gi
think this is an acceptable alternative. Opened uncontrolled burning will
not occur at this site. There seems to be a rumor that there will be large
fires with smoking fire belching from the windows of this training centers,
this is not true. There will be some very small fires. On the grounds we
may have pans of fires about the size of garbage can lids.
Mr. Plummer: Chief, excuse me, I have a rough time listening when you are
not looking at me, up here.
Chief McCullough: I have been through this several times` and I'm really
playing to the people that I have been meeting with some many times, that I have
been beating my brains out. The only fires that will occur on the grounds would
be small fires, aflamable liquid fires in a pan about the size of a garbage
can lid. This would be to use for to practice using extinguisher. It might
be nurses, it might be City employers, it might be fire fighters. The other
fires that would occur would be on the upper floors where we would be practicing
finding viticums in a corridor full of smoke. We can do this with c ar':ness, we
can' do it with lights, we can do it with burning hay. The smoke can be watched
and filtered. We are aware of the fact that any proposal for this site that
wasn't specifically community oriented would meet with a great deal of resistence.
So we met with the Coconut Grove Task Force several months ago. We presented
them our first plan. We invited them to come to our training center and some
of them did to see what type of training we give our 'recruits. The fact that.
this building now stands in a dangerous condition and is unpleasant physically
seems reason enough to do something' with this building at this time. There have
been, several plans in the past, none could be funded. The Oppenheimer
Study of several years ago was a very complicated plan of funding, it was going
to cost four to five million dollars and has gone unfunded. The Fire Department
has bond funds and has adequate funds to build the training center. We feel that
the training center can be built for 1.43 million. These bonds have been sold
at this time.
Mayor Ferre: Alright, Chief, now can we hear from the opposition, I think you
have made your case fairly clear and it's 10 o'clock, so, let's hear from the
other side. Yes, Ma'am? How many people want to speak in opposition. I will
tell you I would be... it's 10'clock and we have got at least three more hours
of work to do tonight. So let's see if we can get maybe three or four spokestnan
and maybe this lady here and Ms. Alexander some of you can speak and maybe the
rest of you will feel that others have spoken for you. Alright, go ahead.
Would three minutes be alright for all of you.
UNIDENTIFIED SPEAKER: How about five.
Mayor Ferre: How much time do you need?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: No, Ma'am you have five minutes and I will give you five.
Ms. Leona Cooper: Good evening, my name is Leona Cooper to the Honorable Mayor
and the Commissioners. I live at 200 Washington Drive, Coral Gables and I'm
here to represent my mother who lives a 3870 Charles Terrace and she is unable
to be here because of illness. I'm here to express my sentiments for my mother
and myself on the City of Miami's proposal .to use the property in question as
a fire fighter's training college. I feel that the implementation of this
plan would a gross injustice to the residents who's homes sit near or on the
perimeter of this property. One of whom is my elderly mother's house. Isn't
it bad enough that the neighboring Black residents'. have had to endure for so
many years the stench, the noise and the blight from the incinterator situated
thereon, which I might add was closed only after the residents of Coral Gables
complained of the irritating fumes emitted. Blacks have been up rooted and
relocated in too many instances for the benefit of the City and County projects,
developments and most recently the Grand Avenue corridor in which existing
residential structures had to be demolished in order to widen the road. The
request by the fire officials to vacate the right-of-way along Jefferson Street
is, infeasible, not only will the closing of the street' limit` access to adjacent
thoroughfares, but will cut off access and amities so vital to any community,
mainly the two schools and the park. I have addressed this issue previously
at a meeting of the Planning Advisory Board and again have tried to impress
upon the City Officials the unsuitability of the desired location for use as
a fire fighter's training college. I disagree with statements
that there are no alternatives. I am not convinced that after a County wide
gl
153
NOV 2 61979
search there is no other location for, the training school. There must
be several idea sites that would not pose threat to nearby residents. When
will the real estate buy, of the Black Grove become a sensible investment for
a young Black family? Well, not as long as the residents of this community
and other Black surrounding communities are subjected to colleges such as the
fire, college and the demolition of houses. Blighted though they were on Grand
Avenue, to provide rapid escape for motorist who are leaving this area and
endangering the lives of our children that play very close to that thoroughfare.
Members of the Commission have been benefactors of real estate investments
which has provided a very cush life for you and many of your children.
Well, we would like to also have this benefit of having the property values
not being devalued constantly in the Black neighborhood because we have things
to contend with such as fire colleges. We would like to ask you not to agree
with the request of the City of Miami's Fire Department. And -I again plea
to you that no fire college for the Black Coconut Grove area. Thank you.
Mayor Ferrer Thank you. The next speaker.
Mr. Carl Prime: My name is Carl Prime and I live at 141 Florida Avenue and
I'm a member of the Coconut Grove Advisory Committee and I would like to
speak first of all about dreams that have been long thought of and about in
the community and all of the sudden we found out that these dreams about to
become nightmares, about to be kicked around, trampled and stumped on and
everything else and thrown through the wind. Previous plans have been made
for this tract, but yet and still the City Commission has never decided to
put any of these plans into action. You have told the people that if they
vote for a bond issue, that they are going to have a recreation center out
there and this structure is a very good structure for a youth center. I
find the structure is very suitable for a youth center and also is very
strong and capable of standing for many years. Now, you cannot just go
around and destroy the dreams ofthe people of the community and build in
a residential section something that is not going to be desirable by the
people, have been denied by the Planning` Advisory Board. Now, the Park
Committee have said that... came up to the Advisory Committee and have told
them many times that they are planning on putting a park there and made up
beautiful plans and everything._ And now to change the zoning and just to
make anything out of it right next to a school, play war games there and
then say to put berms up around it will not add to the self-concept of, the
children in the community. This would actually be, not an ointment to
soothe no kind of wounds in this community. In other words, this would
be perpetuating a cancerous growth by starting this type of development in
the community which is already a residential section, which is very rich
in it's culture and history. And now there are many colleges in the area
that can help the fire college carryout it's program. I'm not against the
fire college being or for them not having a fire college, but I'm against
them having a fire college in a residential area that is very rich in history
and in culture. And so now at this time in closing I would like for this
Commission nottolet the dreams of the community die and be stumped, trampled
and everything else and perpetuate a cancerous growth right next to three or
four schools in the area. Carver Elementary, Carver Junior High, Saint Alban's
and these are the schools in the area and I'm sure that this will not add to
the self-concept and especially with a burned area and playing war games in
the area. Thank you.
Mayor Ferre: Thank you, sir. The next speaker.
Ms. Esther Mae Armbruster:' Mayor Ferre and the other Commissioners, my name
is Esther Mae Armbruster,'I live 3350 Charles Avenue, my mailing address is
Post Office Box 343. I will not repeat what has already been said, but I
would like to take you back to 1936 if you would bear with me:
Mr. Plummer: That was a good year.
Ms. Armbruster: Yes, uh-huh. In 1936 the City of Miami and Dade County
came up with a plan and this plan was to relocate all Blacks in three
different areas. The first area that they were going to relocate the Blacks
were behind Perrine, the next place they were going to relocate the Blacks
were... was rather out in Flagler, the other area was Opa-Locka. In the
meantime, Coral Gables and the City of Miami have come together and have
continued to squeeze us in a little better area. Now, it's time for us to
break out the area, it is time for the City of Miami and Dade County to
relax a little bit and let us live like we should live. And Mayor Ferre
gl
154 NOV 2 61979
I am so glad that you made the statement previously, you said that the
neighborhood people are to make their decisions, this is what you said and
this is what we would like to hold you to. In the meantime, here the City
Planning Book that you came up with in 1974 and on different pages I can
quote to you where plans were made for the incinerator.In 1975 and 1977
we spent quite about of our CD money making plans to build a cultural center
at the old incinerator. At that time we were going to have culture such as
drama, literature, dancing and tutorial studies and all these sort of things.
We were going to eliminate athletics because we got our men and boys or girls
or whatever you want to call them, we have enough fields for that particular
activity. We don't need anymore fields for that sort of thing. And so this
is what we had planned. We have spent our money for this. We have spent
our money, our CD money which was rather precious. And the next thing, on
yesterday I went down on Washington Avenue and I took a good, a good, good
look at the property that you have planned to acquire, 3850-3996. I` would
like to know for what purpose would you be using that particular land if
you acquired it, because you do not need it unless you intend to expand the
fire college if you were to put it there later on, because it will just be
laying there wasted. In the meantime, we are getting new roads and during
our CD meetings we had planned to use the excess property or let the, owners
use that excess property that the roads did not use. This is what we had
planned at our CD meetings. Now, I don't see how you can have a CD... the
neighbors have come together, they have formed themselves. We have spent
hours and hours and nights and on Saturday planning for our community. 1
think up to now we have done a fairly good job on making` some improvements
and for you to come along and put that monstrosity of a fire college there
in a neighborhood, in the center of a residential area. you wouldn't
put it in any other place, you wouldn't put it in... no other place in
Miami would you put a fire college in a residential area, you wouldn't it.
So we feel like we are being taken advantage of by you doing something like
this, we really do and we have been down to the Zoning Board meetings and
meetings and meetings to trying to straighten this out. So I would appreciate
it very much that you take into consideration you are dealing now with
human beings who have put a great effort into making our community something,
something in which we would like to live without that hazard. Alright,
thank you.
Mayor Ferre: Thank you, Ms. Armbruster. Next speaker.
Ms. Mamie Pinder: I will keep my presentation, I'tn pretty sure to at least.
three minutes. I have prepared... I am Mamie Pinder and I live at Post
Office Box 32197. I am here as a concerned citizen because I do own property
in the Grove and my parents live there, my mother and my father who is
eighty-seven years old. My son is also a student at Coconut Grove Elementary.
It appears to me that the biggest concern is what to do with the old
incinerator. My main purpose for being here is to offer a possible solution
other than the incinerator. I will read briefly the proposal in order to
save time, I have done this in outline form. 1 want to say that nobody
encouraged me to do this, this was my own intuition out of pure concern
for the people and for the area where I grew up from a child and have
always lived. In proposing that the present incinerator along Washington
Avenue and Jefferson Street become converted into a career and research
plant. I offer this proposal in outline as an alternative for saving the
building and offering to the Black residents of the Grove an instrument
which will be useful, productive and educational. Thus, having an
economic impact on the total community and the residents. Further, one
would think that the buck stops there, a quote I heard you say earlier
Father Gibson, with Black scientist Dr. George Washington Carver and Booker
T. Washington in terms of scientific development and achievement. A New.
star generation of youth. There are other scientist orientated minds
yearning for an opportunity of scientific exposure. A facility must be
made available at the community level. Black youth should be introduced
to process of economic productivity before adulthood. A people can never
be free people until he is free to be productive economically. Thus,
• we need the career and research plant which I propose in place of the fire
fighting college. While the idea of the fire college is a degrading tool
to the Black community, the career and research plan will develop the idea
of economic freedom through careers. Finally, people... no free people
should be constantly threatened with the fear of losing his desires for
control of the development of his own community because of special interest
groups. Hypothesis -of justification, providing. The career and research
gl
155 .,,,, " ^ 17g
plan if properly implemented could bring about the following results and
Iwant you` to know this is merely in outline form and I am very capable of
developing it to the fullest extent. #1, Black Grove youth will have'
opportunity to become exposed to scientific research as early as possible,
eight years old or third grade. An early projection for the scientific
research and invention could become a part of the motivated goals of our•
children. Third, the Black Grove residents would be able to better relate
to the economic process and business cycle which controls our society,"therefore
becoming more productive economically. My final request is that the
Commission Board reconsider and take into consideration the idea of an
alternative usage for the particular incinerator as it exist. Thank you,
very much.
Mayor Ferre: Thank you, Ms. Pinder. Alright, any other speakers.
Mr. Tucker Gibbs: My name is Tucker Gibbs and I live at 3820 Bayside Court
in Coconut Grove and I represent the Coconut Grove Civic Club, I'm a member
of the Board. If this item is approved the City will have broken a promise
it made to the people of Coconut Grove. When the incinerator stack was
toren down in the early 1970's the City promised a park on that site. Later
according to the planning study of Coconut Grove which was in 1974 it
was said that the park would reflect the culture of the Bahamians who
migrated to Coconut Grove and the Black Pioneers who helped build the early
Grove Village. As a teacher I attempt every day to interest and involve
students in their government. This task is difficult in light of broken
promises. If this item is approved it would put a tremendous strain on the
relationship with the community. The people of this neighborhood I feel
have at least able to up and move when faced with a fire college in their
neighborhood. I'm curious it the City would place a fire college in
the moorings or Bay Heights or Shenandoah in a residential neighborhood.
Aren't there other more feasible areas in the County and the City that they
can putthis fire college. The fire college can be some where else, but
there are people who have lived in this neighborhood for years and years,
can they be moved?
Mayor. Ferre: Alright, next speaker.
Ms. Selma Alexander: Mayor and members of the Coininission, I'm Selma
Alexander and I think there is really not much more to say. I'm simply
responding to your recognition of me' Mayor Ferre. I live at 2323 South
Miami' Avenue which is sort of the Northern most reach of Coconut Grove.
The Planning Advisory Board voted against this seven to zero, against awarding
the change of zoning. I think it's all been said. I think it's been
adequately said and I would urgently hope that you would follow the recommendations
of the Planning Advisory Board and not grant this. It would be a stream
of broken promises if you did. Thank you.
Mayor Ferre: Thank you. Next speaker?
yes?
Mr. William Culmer: My name is William Culmer and I aba11 be very brief.
I would like to say that closing of any roads in the Grove area as is
stated in this listing here would become a hazard. It would not serve any
good purpose at all and I think the Fire Department can look for another
place. And there will be a lot of transporting on heavy trucks there.
Nobody mentioned how those trucks was going to be placed in those buildings
there. I grew up in the Grove and I saw kids killed by garbage trucks
when I was going to school. I lived in the Grove... -my family has owned
property -in the Grove over fifty years and I would like to know how those
big trucks are going to be transported back and forth, through the Grove
area without becoming a health hazard to the kids also. We have Saint
'Albans which is a small school,... closing that road there where Saint
Alban's is, is going to be an obstruction to getting back and forth to that
school area there. I think more consideration should be given to this
for those particular reasons.
Mayor Ferre: Alright, thank you, Mr. Culmer. Let me then ask for a show
of hands those of you that are here on this issue. Those that are opposed
would you raise your hands that are here on this issue. Now, how many of
you that are opposed live in the City of Miami? Alright, and how many of
you live in Coral Gables right next to it that are affected by it? Ok,
thank you. Alright, questions from members of the Commission?
gi
Mr. Plummer: Well, I think the last speakers question needs to be answered
Chief, if you can as to how these trucks will be brought in and what is your
proposal for the flow of traffic.
Chief Brice: I will ask the Planning Department to response to the traffic
flow, but I would respond to the question of the apparatus being transported
in. I think I need to preface that by saying first of all, that the goal_or
mission of the fire service is the protection of life and property, that's
why we exist. Our facilities are spread throughout the City of Miami, many of
them in residential properties. I think that I can say without hesitation, that
the Fire Department makes good neighbors. We are interested in the community.
We try to improve the community. We bring with our fire stations and our
fire personnel a part of security I think that we are placing in a neighborhood
a basic service to the community at the grassroots level. This is where we
are going to train the people to put out fires, to take care of people when
they have heart attacks, when they are injured and our mission is compassion.
And I think that if these people would give us a chance that you find that we
will take that building which has been vacant since 1970, make it an attractive
part of the park. The old fire college which is now obsolete and too small
because of expansion around it has been located next to Moore Park. We have
always had our training facility near the areas where kids play and it's,
a very important part of that park. When we are talking about closing the
street, we are talking about using a portion of that for the Fire Departments
use and a portion of it to increase the size of the park. There will be,no
houses taken by the Fire Department. The only area we are interested in is.
shown in the slide, we will not be taking the homes that are existing in
front of Washington. We are asking only that Jefferson be closed so that
we. can utilize a portion of it from the black to the right and then on the
_other side which will be expansion of the Grand Avenue park. Apparatus,...
the question that I was asked to respond to by Commission Plummer.
Mr. Plummer: Mr. Culmer.
Chief Brice: The apparatus will be transported in there, that's a very
important part of our drills, is to be able to use our apparatus successfully
and efficiently. We have the best driving record in the City of Miami
employee groups. We teach safety. Our existence is to protect people
and therefore we must start with the property handling of our equipment and
I can assure you that it will be transported in there in a very safe manner,
that it will not be noisy and that it will not be a hindrance to the children
of the neighborhood. That this facility in my opinion giving the Fire
Department a chance you will find that we are good neighbors, that we will
add to the Coconut Grove community, that we can be part of it and that we
can for the children themselves set a model to them of what a City can deliver
to the people when they want to. We can give you an institution there you
can be proud of. We work very hard at the fact that we are class one
Fire Department and we would be no less active in trying to show that we have
a class one fire college and that we belong to the citizens of the City of
Miami and that we will cooperate with them in seeing that this facility
functions properly.
Mr. Lacasa: Chief, I have a couple of questions. What kind of impact
could the training and the equipment that you will have there has on the
neighbors, direct impact such as smoke, any kind of pollution, noise pollution?
What kind of impact do you anticipate that could be there?
Chief Brice: As far as the smoke, we will not be building fires there to
the point where we are going to have smoke and that sort of thing. We are.
going to use artificial heat which is the modern way to do it. We will
find a way to filter this smoke if there.is any and there will be none in
the air, so that we will abide by all the regulation and what you are going
to have in •terms of that is no nuisance. As far as the noise there will be
very little noise in terms of... most of the work will be taken place inside
the building. There will be some drills outside using the apparatus, but
that will be no more noisy than traffic in the Grand Avenue area. The
trucks will come in on the backside and then the existing gate and all the
drills will take place inside the fire college so that there are fenced in
areas that separate the park area and it will be safely done. In my opinion
our existence at Moore Park has been a very successful one. We have had
no problem there and we have been there for a number of years and I think
that the same thing will happen there.
gl
157 • n'J 211979
Mayor.
Chief Brice: I have been on the Fire Department twenty-seven years and I'
trained there and I would 'say that it was there back in the 30's and that
facility... of course, station six which was originally part of the first
facility that was built back in 1926. So...
Mr. Lacasa: What kind of investment is your Department going to undertake...
Rev. Gibson: What kind of what?
Mr. Lacasa: Investment... is your department going to undertake in placing
the school there?
Chief Brice: We have 1.2 million dollars and another... it will be about
1.5'million dollar investment in terms of the structure in bringing it up
to the standards, that wecan use it and in beautifying it and equipping
it. 1.5'million.
Mayor Ferre: Well, what kind of... let's see if we can limit this to the
Commission for a little while, then I will recognize you ladies again.
I will give you another chance. Alright, now, Chief, what kind of fire
simulation would you have in'a place like that?
Chief Brice: At the present time we have been using as Chief McCullaugh
said green wet hey and that's the extist of it. The heat would be
artificial and -if it's necessary we won't use any. We are not... in other
words, if the process we put in is not compatible to the community we will
stop:it. That's one phase of the training. We have other phases that are
more important._ That's one very small phase that is done rarely and it's
probably done one time during the recruit class just to give them an
example of what it's like to be in a smokey building. If we can find a
building outside to burn which we offer do. It won't be necessary. So you
are talking about something that might occur once or twice a year and if
that becomes a problem, I will_guarattee you that we won't do that.
Alright, other questions froni members of the Commission?
Mr. Plummer: Chief, yes, let me ask because to me the important, point
,has not been raised arid the important point to me and I asked you -this
and I will ask you again for the record, have you looked at the rest of the
City of Miami for an alternative site?
Chief Brice: Yes, we over the first year, a year and a half ago we begin
to look at areas that might be possible. One of them that was large enough
and you have to understand we are looking at 3.2 to 5 acres, ideally 5 and
at the minimum 3.2, 3.5. One of the areas we looked at was the Shell City
site, it's owned by the County. Another area was over on the Key Biscayne
area across from the marina and there is plans in that area and there is
tremendous problems in terms of Saturday and Sunday getting across the
Causeway with traffic and putting fire apparatus which might need to be
brought back into the City quickly and from that traffic standpoint, we
felt that was a problem. There areas in the Western part of the City, the
old Post Office Annex a very expensive process, it belonged to federal
government and that was not possible. We at one time wrote and asked about
some property at the Notre Dame School on sixty-second Street we had heard
was available, that was not available. I guess when you are looking for
41/2, 5 acres there.is not that much land in the City of Miami and we need to
be in the City of Miami because we are talking about more than a recruit
training school, we are talking about an in service drill grounds. And
area to bring the trucks expeditiously Set them drill and get them back into
service so they can be in service as quickly as possible to protect the
community. And the answer is that we explored, if I remember correctly,
about six sites all of which were disregarded for one reason or the other.
Mr. Plummer: The answer that I wanted to hear, let me see if I heard it
right from you before, that you have searched and you have looked and that
you feel that this is the only site left in the City of Miami that you can
use for this facility?
Chief Brice: That's correct. I was trying to respond to you that we did
look and this is how we ended here, that this was the site that met our
158 Nov 2 61979
81
requirements and that we need this facility.
Mayor Ferrer Let me ask you the next related question, if you don't get this
thing tonight, then what's your next alternative?
Chief Brice: Based on our... unless there are some new properties available,
I don't know what we will do Mayor... I.., this has been at the end of a
year search and then a year
Mayor Ferrer Well, how did you train your class last year?
Mr. Plummer: He told you five different locations.
Chief Brice: Last year we used our existing tower. Station 16, part of the
Miami/Dade Community College campus, the medical campus as well as other
facilities in the area. The problem that we have that makes this more
critical now is that our fire college training tower which we used the
last time, two weeks ago we had to put out an order not to use it any more
because of the structures problems that we are going to have to repair and
we heard from Public Works today and we understand that's going to cost
between ten and thirty-five thousand to repair that building. So we have
no to drill with the Swat Team for the Police or with any of our
aerial type of drills.
Mayor Ferre Where does the County train there fire fighters?
Chief Brice: The County has a similar problem, the last time they trained
their facility was located where there new Communication Building is, that
facility is gone. They now are sharing on occasions the small training
tower over at Coral Gables Fire Station and they have done some training
in... the classroom training of course, they use existing buildings, but
there are no towers in the County at this point. The only tower that I'm
familiar of... familiar with right now is the training tower in the Coral
Gables Station on US 1, it's a four or five story structure, very limited
in the area around it for drill purposes.
Mr. Plummer Chief, let me ask you another question. It seems if`I heard.
one thing from the neighbors tonight that they really are opposed to and
I think maybe I have some thoughts there, is the berm. Is there not a way
that you can put up a berm, but by landscaping still accomplish the same
end?
Chief Brice: Yes, those are questions that we can still speak to. We felt
that the use of the berm around the Coconut Grove Exhibition Hall was
successful, we think that, that's an attractive way to take care of the side
of a building. So those were the sort of things we are thinking of. We.
do not have final design in this building, those are some of the things we
are thinking about. We would go to an architect and ask him to design this
building for us and hopefully if there is, a better way, then we are open to
that. That was a way we thought would soften the structure in terms of
making it more attractive to the community.
Mr. Plummer The other question that I would like to address. I will not
use the same terminology that the other gentleman used, but I can understand
his concern. The Swat Team, do they have to use your facility? Isn't
there some other facility that they can train in besides this facility
making it a true fire college?
Chief Brice: Well, you know, the only time they use it is when they
practice their scaling and that sort of outside activity and of course, the
fire college is... a fire college tower is prefectly designed for that because
Is the sort of things we do`. That only happens once a month and we think
that, that opportunity to work jointly with the Police Department is an
assettoo, to the community and to ourselves, because we work with the Swat
Team, our paramedics are part of that Swat Team, they respond with the Swat
Team and two of members are part of it. So we..., you know, it's not just
the Police anymore, it's a total operation between Fire and Police
Mayor Ferre: Alright, further questions from members of the Commission?
Rev. Gibson: Mr. Mayor, I want to do what nobody expects me to do, my White
friends nor my Black neighbors. I happen to be the Director ,of the church
that originally owned most of the land that's in question. The City condemned
•
gi
1u
NOV 2 6 1979
it then, we were opposed to it and, we fought like hell and got no where. They
built the incinerator over our protest and the only reason the incinerator isn't
operating now... I want my brothers to hear me, is because the White people who
live in Coral Gables went to court and they closed it down, that's number one.
All of that housing project twenty-one acres belong to the church I now serve.
My White brothers and sisters did not think it alright to help me to save it,
but thank God I have lived long enough to see, to hear the witness. I fought
for that mini -governmental center out on Douglas Road and some of the very
people here right now didn't want that and couldn't see. The County came on
and the County did it's thing and the County went on and got Caleb Center and
all these other mini centers and all of the sudden the County said this is our
idea and our suggestion. Gibson is going to be a prophet before he dies. I
would think an incinerator in a neighborhood like that was an awful thing,
but I would think that no fire college could be as bad as that incinerator was
and is now, I would think if that incinerator building is worth approximately
three hundred thousand dollars to you and to me as a taxpayer... I pay taxes
in the County, I pay taxes in the City and contrary to what Plummer and some
of the rest of you thought, that when_I was getting ready to build my house
and they saw that building permit they said "Gibson, you are going out in the
County?" I said "no, no, no, right over on Franklin Avenue"and it took me
five years to build that house. I have built it, I moved in it in June and I,
have enjoyed it and I'm still enjoying it. Let's deal with Grand Avenue, -I
pursuaded with the people the County to agree to widen Grand Avenue from 37th
Avenue to the School. I shall always remember Ken Triester and Pancoast and
those who fought with us to get a walk -way from Grand Avenue all the way down
to the school and... the Commission ought to know this, that whether they
like it or not all that property that faces Grand Avenue, say on the South side
of Grand Avenue, all that property has already been condemned by H.U.D. to
widen the street and the people through my insistence in H.U.D.; that portion.
of the land or the lots that they have that will not be used to widen the street;.
they will give the people who back up to it an opportunity to purchase it to
increase the depths of their`, lot. So if you are talking about big trucks and
all that going down Grand Avenue you are going to have one great big street there...
I wish Mr. Grimm was there so he could tell you when the expected date is to
start work on Grand Avenue from 37th to the School. Let me say something else
if I sit on this Commission I have the responsibility of trying to save money
and I find it incredible that people will want me to say no, no, no to a three
hundred thousand dollar building that is sitting up there doing nothing, all
the dope addicts and all the other addicts are there--- around there and don't
tell me... you know, you could tell these White folk you know, but you can't
tell me because I live there, you know... and if we want to have that kind of
a property sitting out there doing nothing, I would rather, much rather see
a fire college there than to have that remain unoccupied, 'unused. Let me go on,
this one of the few times I wrote notes. It would appear to me that my people'
need to understand that if facilities are needed, that our area has the
responsibility, the affirmative responsibility of providing areas and tolerating
the noise and nuisances that go with these facilities just like other areas,
contrary to what they think. I could tell you that I have been there thirty-
four years and... wait a minute... listen I didn't interrupt you, I didn't...
I hope you know what the rule is. Let me say also, that when I came here
thirty-four years ago some of these very people who maybe talking... I'm
telling this so that you could know that I'm not an outsider coming in. There
was no zoning out there, all you had was zoning for warehouses. Bless Mrs.
Virrick, Lester Pancoast, Ken Triester and some of the others we got zoning
classification out there for our people and for me. Nov,°let me say the other
thing, it is also true that if you have a fire college there, part of the
affirmative action that we talked about Mr. Mayor, you remember your wonderful
studies of minorities be enlisted in the City employ. I want to say to my
brethren now, you need to understand that to show Black boys and girls firemen
who are professionals is important. Part of the problem down here is recruiting.
Let me say something else,,I could imagine how some of you feel and at first
I felt that way, but I don't feel that way anymore. Let me tell you this,
for you who don't hear this all the time, we in the City of Miami have the
greatest capacity of responding to a call, perhaps within the maximum of five
minutes if there is a fire or somebody has a heart attack or some such situation.
Just two weeks ago my father in-law was in the neighborhood two block over from
where I live, he was going to pay a visit to a family who had lost their love
one, young lady call him in bumped him and took his money and of course, they
called for help and within five minutes of that call a response was there from
the rescue squad. I happen to be the best example of what the rescue squad
would do, I was in church on a Good Friday and you know how that is with we
gl
160 NOV 2 61979
Anglicans and my sister there is an Anglican, and an episcopalian so
she knows on Good Friday is one of the most sacred'hours and I fell out and I
want to tell you unconscious, didn't know my head from my elbow and when I did
come to there was the rescue squad within five minutes of getting me to the
hospital to save my life. Mr. Grassie, that was just before you came because
I had to be released from the hospital to come to vote for you, ok. Now, I'm
going to say to all of you, if I were the Commission in majority, I would much
rather have a fire college located where that incinerator is than to have that
incinerator there. I hate to tell the Commission that some of the people here
who are testifying do not live within the City limits of the City of Miami.
So I want them to understand... I want you to understand and then want them to
understand me. Well, I don't want to be personal, but I'm sure they will tell
you who they are. Now, I am saying to you the Commission... you know, my
mother taught me one thing that I want to share with you, that courtesy is
due even a dog and I trust that I'm not. I would hope you would let me make
my presentation and do by me as I did by you, I didn't interrupt you.
(BACKGROUND COMMENTS OFF THE PUBLIC RECORD)
Rev. Gibson: Well, look, that's for you honey, read the Charter. The Charter
says we must give you five minutes, the Charter didn't say that about me, ok,
nor any of the rest of us up here. Now, I would say to this Commission it
doesn't make sense for the people you have to fire or let out in budget crisis
such as we now have, you have a three hundred thousand dollar building sitting
up there that you are just let go unused. I remember the arguments used down
here about this building right over here, the Mayor referred to it today, Man
there was some of us who didn't want that, but after they got through
renovating that building and landscaping it all of us think it is an asset
rather than a liability. Well, I say this the majority of the present Commission
and some of you sisters and brothers who didn't like it then, didn't agree
then, don't agree now come to use it and you have to concede that, the purpose
for which is was renovated and the usage that's being made more than amply
pay us for the hell we caught at the time we caught it. Now, my position is,
I don't know where the rest of you are, but I am for the fire college going
right where they want to put it because, because after you explore around, there
is no other site that we have or own as large and as adequate. I know that you
all, my fellow Commissioners think that Gibson is not going to be able to sleep
tonight and they say this and say that, they do that about me anyway, so I would mine
another night. You need to know I; have a caller who calls me eight ten times
a night and I don't let it bother me and she wakes me up every morning around
5 o'clock and she calls me everything but the child of God and she uses a
Sunday school word.
Mayor Ferre: Alright, ladies and gentlemen, it's almost eleven and we've got
about to more hours of work, so quickly make your statements. Very quickly.
I'm going to just give you a minute a piece or two, so just go ahead.
Ms. Joanne Holzhouser: I am Joanne Holzhouser, I live at 4230 Ingraham Highway,
I am representing only myself and I may lose my job 'for this. This is the last
time I will ever speak to you all on a Planning or Zoning item, I promise you
that. It's too much to talk economics, it's too much to talk all the things
you have talked tonight and break your promises to these, people. You promised
us in 1970. I have a picture of my kids taken with J. L. Plummer in the
background when we destroyed that stack. I have hated that stack for years and
others of us have hated it. I have never come before this Commission not once
whether you .all was sitting here or• anybody else and said anything that was not
caring for the people of Coconut Grove and I have taken it -when you have turned
down some of the things and I have laughed when people have said "well, you don't
win very much" yes we have won, some. But this one tonight is so important
three hundred thousand dollars. What are you going to do put a price tag on
the promises you have made to these people, a dollar a promise. You have been
promising them since 1970 they were going to have a park. I want to tell you
that some of the people I have talked to, some of the young Black kids in the
Grove that I have gone out and yes, walked in the streets with a couple of them
with me to say what kind of park do you want and I want to tell you about one
young Black man that I wouldn't recognize now because I never saw him before.
He is about twenty-five and I said "what kind of park would you like?" because
I have been over there when they are playing tennis and playing basketball and
I sat there and I have watched them and I have talked to them and he said"why.
can't we have a` park this pretty like you White people have down on South Bayshore,
Drive where we can walk around and sit with our wives and play with our kids on
the grass?" "Why is it that when you build parks for Black people you always
got to put a lot of equipment in for us to use, can't we sit down and enjoy ourselves
gl.
1.61
NOV 2 61979
just like White people?" It has nothing to do...
Mayor Ferre: Well, Joanne that isn't...
Ms. Holzhouser: Excuse me, sir, may I finish. It has nothing to do with the
fire college, it has to do with a piece of property that has a prior commitment
that was made publicly again, again and again. It's not a matter of denegating
the Fire Department, it's a matter of saying that you promised these people
they were going to have a park and a decent neighborhood and a Day Care Center
and a School that all worked together`. We have made a commitment, those of us
in the Civic Club, if you don't want to spend money on a park we are here to
commit to you all that we will work with our hands and what money we can raise
with any of the groups, any of the churchs and any of the individuals, Black or
White and we will build our own park, if you don't want to give us the money to
build it. Let the building stand there and we will try to remodel it, but don't
take that land away and give it to anybody except the people in the neighborhood.
Mayor Ferre: Alright, thank you.
Ms. Ambruster: I'm back again.
Mayor Ferre: Yes, Ms. Ambruster?
Ms. Armbruster: Regardless to what Commissioner Gibson said, I could care less
about him finding dope addicts in the park. I can care less about you trying
to save three hundred thousand, 1 could really care less. Now, this thing has
come to the point where doggoned every time we try to do something somebody
come along. We were told when--- at the first meeting we had with Fire Commissioner
and Commissioner Gibson, we were told at that time that the City Commissioners
had the last say so about what's going to be done with that incinerator and
at that particular time I said to them, ok, you have the last say, but this is
not a County where you have dictators. This is supposed to be a free County
where you are supposed to express your opinion. And for him to sit there...
I could care less, he knows and everybody else knows'I speak my mind just as
well as anybody else speak their because I don't owe nobody nothing.
Ms. Armbruster: Right. And when I think about these people saying what kind of
asset this is going to be to the community, what kind of asset as far as you
having a heart attack and calling Swat... the rescue squad and coming immediately...
I'm not going to have, no heart attack I took my pills before I left home, so
I'm not worrying about that. If they have a heart attack they have a heart attack
and if they die, they die because this is God's will and as far as Ms. Virrick
or anybody else having something to do in Coconut Grove, we had a thing going
before Ms. Virrick came upon the scene. Now, she might have come in and she
helped some right, but Ms. Virrick... this organization was going on before Ms.
Virrick came. Now, it started back in 1936 with the American Legion and we
continued to meet in people houses and we had some. good White friend, what we
call White friends down here to help us out and let us know what was happening
and try to get some thingsdone before we had the opportunity to talk like we have been doing lately and I'm telling you this has got to go. Now, regardless
to what he say, I hope You don't let... sit there and let him sway with what
he say because he is Black. I'm Black too. But you find dope addicts every
where you go, in the best of neighborhoods you find dope addicts. So and if you
want to stay up there for the next fifteen...
Mayor Ferre: Ms. Armbruster?
Ms. Armbruster: Just one more thing. Let it set there empty, just let the
building set there.
Mayor Ferre: Alright. Now, look you have all had.
all speak again, but I have got to put a stop to it
got... no, I'm not going to let you speak because I
and she is going to speak before you.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Now, Ma'am, you are not recognized. You will be next.
162
. I'm going to let you
somewhere tonight and we've
have recognized that lady
NOV 2 61979
UNIDENTIFIED SPEAKER: Ok, we were speaking about assets and what it's going to
cost the City of Miami if they did not take that building and use it for the
fire college, it's going to cost us three hundred thousand dollars. I know
that, that means something in terms to the City as a hole, but what about the
neighbors, Mr. Daniels and Mrs. Delaney. These people, if they are relocated
or they have to be subjected to this fire college, there is no tree tall enough
to hide that incinerator building. I don't think you can get a tree that tall.
Maybe you can, if you can, I mean that's another story, but I don't think that
my kids should be the object of this fire college being an asset to the whole
City of Miami. Why my child? Why not some other neighborhood, I'm sure there
is another spot in the neighborhood. How does this enhance my property value?
Mayor Ferre: Alright, thank you, very much. Selma, unless you have something
new to say..
Ms. Alexander: Mr. Mayor, I have something quite new, I have something quite
new, honestly. J. L., asked about alternative sites, this was the question
that I asked. At no time in the answer did they bring up the other incinerator.
The one up on 20th Street and 12th Avenue with enormous property around it,
very well located on major thoroughfares where fire trucks wouldn't be going
through little Brooker Street where Saint Alban's Nursery is with I don't know.
how many children, where they wouldn't be distrubing, even on the weekends,
which they mentioned that Key Biscayne was not a good place because of
weekends. Fire Departments are good, they make good neighbors. I think they
are fine and they make very good neighbors, but this is not a Fire, Department
and this is not a Fire Station, this is... we must remember is a fire college
and they will be working until ten o'clock and eleven o'clock atnight sometimes
and on the weekends and this disrupting a community and I think this is something
that had to be brought out, which was brought out and we didn't have minutes
to....
Mayor Ferre: Thank you, Mrs. Alexander for your statement. Alright, thank you.
Now,..
Mr. Culmer Yes, I. would like to have some before I be attacked again. I may
live in Coral Gables, that's true, but as long as I'm a member of any of these
Boards that are up there, that I feel as though.I have a right to speak.
Mayor Ferre: You have the right to speak, sir.
Mr. Culmer: And I don't think... and I think that if I'm elected a member by
the people up there, I think that I have a right to speak.
Mayor Ferre: You have a right to speak.
Mr. Culmer: :And also if I'm in that area... remember, I was also on the
petitions before to get rid of the old smoker which was also in the. area which
was affected and I was living in the Coral Gables area...,So.... and I would like
to know also how you are going to put down a fire truck down: Brooker...
must going to make it into a one-way, I would like to see that one. Alright, we have
heard both sides of this issue... do you want :to say:one last statement? Have
you spoken before Ma'am?
UNIDENTIFIED SPEAKER: No, no...
Mayor Ferre: You come right ahead and this, lady was first and then you are
next.
Ms. Hattie Jackson: I'm Hattie Jackson and I live at 3540 Florida Avenue and
I,have you to know that I have been in Coconut Grove since the latter part of
1925. I married here and,I have reared a family and my baby is forty years
old and I had five children, but I do not think if will be an asset to Coconut
Grove, grant it to be true, we needa fire college, but I don't think it will
be an asset to Coconut Grove.` We do try..:. we are trying to have a community`
and I would have Father Gibson to know I have worked with every project that
they have had to upgrade Coconut Grove. When the zoning... when they were
trying to zone Coconut Grove I was there. When they were trying to... whatever
they have done in Coconut Grove I have been right there. I used to go to the
Parish Hall when we were trying to get toilet facilities and I set out there
a many nights when the cold was coming up through the floor, but'I sat there
because I am for the upgrading of Coconut Grove and a fire college will not be
gl
163
NOV 2 61919
an asset to Coconut Grove.
Mayor Ferre: Alright, thank you, Ma'am. Yes, Ma'am? And I think you are
going to be the last speaker because we have now gone twice around.
Ms. Hazel Cherry: I think... there is Mrs. Virrick. Mrs. Virrick, you know me
don't you? This is Hazel Cherry. Father Gibson knows me. I respect them very
highly. But do you think that L wwouldput a Fire
would ask
Mrs.
Virrick,
Stationwhich
inis frontsof,Totsey's
helped raise her daughter, that she go to school. `
house when her grandchildren has got Or would I think Father
Gibson would recommend one where he know our children has got to go to school
in a street about this wide. Father Gibson, I'm very disappointed at you. Mrs.
Virrick, I'm very, disappointed at you. That's all I have got to say.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Alright, next? Now, Ma'am you arethe last speaker.
Ms. Mamie Pinder: Honorable -Mayor and members of the Commission, I do not
wish.
Mayor Ferre: This is your second time around?
Ms.Mamie Pinder: Yes, sir. I do not wish to appear to be a coward in
terms of where I live. I do not live in the City of Miami. However, I was
born and raised in the City of Miami and as I have stated previously, my parents
live there and I'm there ninety-five percent of my time. I have been a taxpayer
since before 1961 and because I' am a taxpayer and a property owner of rental
property and my parents own property,:I do feel that here is Mrs. Jackson and
Mrs. Armbruster who had kids that grew up with me. These people are aged and
if any time I can come and be a supporting voice to represent them, I will be
there because of the fact that my tax dollars are there and this is a free
County and my still proposal is not to just let the three hundred thousand
dollars building stand there and go to waste, but find something constructive
to do that is going to bring economic gains to the Black community. We don't
need more -federal programs. We need something that is going to be economic,
providing something that is going to be challenging to youth, something that
even White children will want to come to. Thank you.
Mayor Ferre: Alright, thank you, Ms Pinder, Alright, Mrs. Virrick you have
been very quite, do you want to add any wisdom to this tonight?
Ms. Virrick: I; have`nothing'to say if the decision is to put the fire college
in there. Our automotive training program, the Cityhas found a place for it
to go and-1 am not taking sides in it. I see value on both sides. I don't
know why Hazel had to jump on me. I think you know that, that land as Father
Gibson told you was rezoned by our agency by a list petitions and referendum.
The first successful one in the State of Florida, that's how the zoning got on
there and I don't know how R-2 got over there. I didn't do it, that's the
way the architects planned it, but I don't know how it got to be R-2.
Mayor Ferre: Alright, thank you, Elizabeth. Alright, what's the will of this
Commission at this time? Alright, now everybody want to go to heaven, but
nobody wants to die.
Rev. Gibson: Mr. Mayor, I'm not going to be no coward I'm going to live with
it. I want to offer the motion that the City take the necessary steps to
establish that there fire college at the incinerator.
Mayor Ferre: So you move Item 7A?
Rev. Gibson: Yes, sir.
Mayor Ferre: Alright, is there a second to 7A?
Mr. Plummer: Mr. Mayor,
move 7A and I would like to make the following comments.
Mayor Ferre: You mean you second..
Mr. Plummer: Second it.
Move it, second it, it's immaterial. My vote will
reflect; my feelings. Mr. Mayor and to the people of the community I really..
I'm of mixed emotions, I want to tell you that. It's the old story about
everybody vants progress as long as it don't affect me. I have sat on this
Commission, I'm now into my tenth year. I don't know of anybody who ever
f� NOV 2 61974
gl
wanted a Fire Station in their neighborbood until their house was on fire.
I don't know of anybody that wanted an electrical substation in there
neighborhood, but they wanted electricity. It's got to go somewhere. It's
got to go in the City of Miami. I am willing to accept the word of the Chief
that he has explored all of the available sites and that this site is the one
that he feels that is the only one adequate to do and provide the needs that
he has. You know, if it were the School Board, they don't have to get any
zoning, they don't have to get any zoning at all. They, can walk right in and
build what they want. The Federal Government with a Post Office could walk.
right in no zoning laws apply and build that Post Office or other governmental
facilities. I do believe that this fire college can in fact be designed and
built and completed that would be pleasing to the area. I think there have
been major concerns and I think that the Chief would be a damn fool not to
listen to those concerns. Number one, the concern of the berm, I'm concerned
about that. The overtones that it complies with. I'm concerned about the
nights and weekends. I think that it can be so arranged that the fire college
is not in operation in the evenings, maybe with rare exception. I don't see
the necessity of using it on, especially Sunday, but possibly Saturday and
Sunday. I feel that if the Chief is smart that he will work with the people
living in that area. The main concern that I expressed to the Chief and I
want you to know it, was the closing of Jefferson, not necessarily the fire
college. Nobody, I understand, nobody wants it in their neighborhood. My
concern has been the closing of Jefferson. I have been given the assurances
that there will be access to the schools, there will be access for the people
of the neighborhood. I think that we are faced with a decision that's going
to be most unpopular, but I do believe that it is a necessity and reliance
on the Chief that after full examination of all of the City this is the site
he feels that applies to his needs.
Mayor Ferre: Further discussion? Is there further discussion, call the roll.
Mr. Ongie: It's an ordinance Mr. Mayor.
Mayor Ferre: Read the ordinance. Call the roll.
ON ROLL CALL:
Mr. Carollo: Let me say this that even though there has been three votes for
it already, I could cop out on you people and vote "no" very easily now, but
I see people out there that are concerned that are hard working people in our
community. The type of citizens that any community,,any neighborhood would
be proud to have. I also see personal friends out there, people who have
worked with me in the past,, people who helped me in the past. I had to make
my decision on what I think is best for the total community. I; think a lot
of your concerns are very just and right, but I think that the future will
tell that maybe all your fears were not as bad that you might think. I'm
sure that "yes" a lot of Yourconcernswill be there in the future, but I think
that as the years go by you aregoing to see a generation of fine Black
Americans in Coconut Grove along with White Americans and Latins Americans
near there that are going to, be proud to see firemen in their professional
capacities working for our community. I think that we have looked and I
believe the Fire Chief has at all other possibilities were we could have this
at now and even though I know that is an unpopular decision, I' have to go with
my conscience and vote "yes" on this.
AN ORDINANCE ENTITLED:
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
MIAMI.', BY CHANGING THE ZONING CLASSIFICATION
OF THE NORTHWEST CORNER OF THE TRACT DESCRIBED
AS COCONUT GROVE MUNICIPAL TRACT (62-61), PLUS ALL
OF THE JEFFERSON STREET RIGHT-OF-WAY FOR 377.3'
SOUTH OF THE SOUTH RIGHT-OF-WAY OF WASHINGTON AVENUE,
PROPOSED FOR VACATION, BEING APPROXIMATELY 3850-3996
WASHINGTON AVENUE, FROM R-2 (TWO FAMILY) TO PR
(PUBLIC PARK AND RECREATIONAL USE); OF THE JEFFERSON
STREET RIGHT-OF-WAY PROPOSED TO BE VACATED, TO PR
(PUBLIC PARK AND RECREATIONAL USE); AND OF THE RE-
MAINDER OF THE TRACT, FROM R-2 (TWO FAMILY) TO GU
(GOVERNMENTAL USE); AND BY MAKING THE NECESSARY
a
gl
IG 6
NO4
979
CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID
ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN
ARTICLE III, SECTION 2, THEREOF; BY REPEALING ALL
ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CON-
FLICT, AND CONTAINING A SEVERABILITY CLAUSE.
Was introduced by Commissioner Gibson and seconded by Commissioner Plummer
and passed on its first reading by title by the following vote -
AYES: Rev. Gibson, Mr. Lacasa, Mr. Carollo and Vice -Mayor Plummer.
NOES: Mayor Ferre.
ABSENT: None.
Mayor Ferre: Take up Item 7B, is there a motion? This is the next portion of
it.
Rev. Gibson:Father Gibson moves, is there a second?
Mr. Plummer: Second.
Mayor Ferre: Plummer seconds, further discussion, call the roll on 7B.
The following resolution was introduced, by Commissioner Gibson , who
moved its adoption:
RESOLUTION NO. 79-806
A RESOLUTION GRANTING A GOVERNMENT USE AS PER
ORDINANCE N0. 6871, ARTICLE XXI-2-GU-GOVERNMENTAL
USE DISTRICT, SECTION 3(1-2), TO OPERATE A FIRE
RESCUE TRAINING FACILITY ON PART OF THE COCONUT
GROVE MUNICIPAL TRACT (62-61), PLUS ALL OF THE
JEFFERSON STREET RIGHT-OF-WAY FOR 377.3''SOUTH OF
THE SOUTH RIGHT-OF-WAY OF WASHINGTON AVENUE,
PROPOSED FOR VACATION, BEING APPROXIMATELY 3850-
3996 WASHINGTON AVENUE; ZONED R-2 (TWO FAMILY),
PROPOSED TO BE REZONED TO GU (GOVERNMENTAL USE).
DISTRICT.
(Here follows body of resolution, omittedhere and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote:
AYES: Rev. Gibson, Mr. Lacasa, Mr. Carollo and Vice -Mayor Plummer.
NOES: Mayor Ferre.
ABSENT: None.
49. CLOSE PORTION OF JEFFERSON STREET BETWEEN THE SOUTH -RIGHT-OF-WAY
LINE OF WASHINGTON AVENUE AND THE NORTH RIGHT-OF-WAY LINE OF
CHARLES AVENUE.
Mayor Ferre: Take up Item 8, resolution, Planning Department application,
vacation and closure of that portion of Jefferson Street and so on. Zoning
recommended six to one, one objector by mail. Are there objectors here? Are
there objectors to Item 118?
(BACKGROUND COMMENTS OFF THE PUBLIC RECORD)
Mayor Ferre: Alright, is there anybody else who wants to make a statement?
Is there a motion on Item 8?
Mr. Plummer: I move it.
gl
GC
NOV 261979
._.......,...,.,,.—....._..,.....�.. _,.w .re..
Mayor Ferre: Moved by Plummer, is there a second?
Rev. Gibson: Second.
Mayor Ferre: Seconded by Gibson, further discussion, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 79-807
A RESOLUTION VACATING AND CLOSING THAT PORTION.
OF JEFFERSON STREET SITUATED BETWEEN THE SOUTH
RIGHT OF WAY LINE OF WASHINGTON AVENUE AND THE
NORTH RIGHT -RIGHT- OF -WAY LINE OF CHARLES AVENUE
(A PRIVATE ROAD), FOR A DISTANCE OF 377.39', IN
CONJUNCTION WITH TENTATIVE PLAT NO. 980 -'GRAND
AVENUE PARK AMD.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:`
AYES:
NOES: None.
Commissioner Joe Carollo
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
ViceMayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
50. RECONSIDERATION OF STUDY RECOMMENDATION THAT EAST SIDE OF
BISCAYNE BOULEVARD - N.E. 50TH TERRACE AND N.E. 55TH TERRACE
BE REZONED FROM R-4 TO R-C.
Mayor Ferre: Alright, take up Item 9, is there a motion? Is there a motion
on Item #9? Are there any objectors? Alright, there is a motion and a
second on 9, further discussion, call the roll.
The following resolution was introduced by Commissioner Gibson, who
moved its adoption:
RESOLUTION NO. 79-808
A RESOLUTION RECOMMENDING IN PRINCIPLE
THE BISCAYNE BOULEVARD NORTH: ECONOMIC
PLANNING STUDY, AS SHOWN ON THE ATTACHED
MAP, WHICH STUDY IS IN CONFORMNITY 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 Lacasa, the resolution was
passed and adopted by the following vote:
AYES:
NOES: None.
Commissioner Joe Carollo
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOV 261979
g1
(a) APPEAL BY ARMANDO VICENTE-ZONING BOARD'S DENIAL OF CONDITIONAL
USE TO PERMIT CONSTRUCTION OF A 20-SPACE OPEN PARKING LOT
51. 1800 S. W. 21ST TERRACE.
(b) VARIANCE TO PERMIT A SECOND STORY ADDITION TO THE BUILDING
ON 1801 S. W. 22ND STREET,WAIVER OF PARKING AND LOT COVERAGE.
Mayor Ferre:
explanation of
Mr. Whipple:
Zoning Board w
lot coverage..
Mayor Ferre:
Mr. Plummer:
Mr. Whipple:
Mr. Plummer:
Mr. Whipple:
recommend the
not recommend
Mr. Plummer:
Mr. Whipple:
Take up Item 10A. Alright, Planning Department may we have an
this from the Department, please, on Item 10A?
Mr. Mayor and Commissioners, this is an item came before the
ith recommended denial concerning a setback on a variance and
Come on Dick it's 11:15.
Are you speaking on 10A, Dick?
Yes, sir, I was.
Yes, you recommended it.
Well, the Mayor asked for an explanation of the item. We did
conditional use approval of the off-streeting parking. We did
the variances requested.
Well, that's Item "B".
Well, it was Item 10 and I was responding to the Mayor's request.
Mr. Plummer: Oh, I'm
Mayor Ferre:
sorry.
Ok, anything else?
Mr. Whipple: No, sir, unless you want
some explanation.
Mayor Ferre: Alright, now we will hear from the applicant.
Mr. Harvey Reisman: Mr. Mayor and members...
Mr. Plummer: Excuse me, Harvey.
is being proposed?
Mr. Whipple: On your fact sheet Commissioner, third page there is a;little
sketch and Mr. Reisman has
Counselor?
Mayor. Ferre: Go ahead.
Mr. Whipple: This is an existing building of which the applicants proposed to
build over the existing one story building, plus extend it out into the
required yard area in an R-C Zoning.
Do we have
sketches of that.
any kind of a rendering as to what.
Mr. Harvey Reisman: Mr. Mayor and members of the Commission, my name is
Harvey Reisman I'm an attorney with offices in One Biscayne Tower... can -you
hear me alright?
Mayor Ferre: Yes.
Mr. Harvey Reisman: I'm an attorney with offices in One Biscayne Tower and I
represent the applicant in connection with this matter. I would like to
Introduce the applicant who is sitting here Dr. Armando Vicente who is a
physician and a Pathologist and the owner and operator of Central Medical
Laboratories which is located at 1801 Coral Way. The property which is the
subject of this application is marked in yellow on that rendering on the wall,
as you can see there are ,tun lots and I think numbers 17_and 18 are they which
are located on Coral Way and there is another lot in yellow immediately
behind on 21st Terrace. The avenue immediately to the right or the east of
the property is 18th Avenue. The Medical Laboratory presently exists in a
building which is something between twenty-five and thirty years old on the
two lots which are on Coral Way. If I may for ease of reference, I would like
NOV 261979
gi.
I 4%
to refer to the lots on Coral Way as the Coral Way Lots and the lot behind as
the 21st Terrace Lot. 21st Terrace on both sides of the street is zoned RU-1,
R-1 single family residential' and on everyone of the lots noted there is a
single family residence. Dr. Vicente and Central Medical Laboratories owns
the existing single family residence contained on the 21st Terrace Lot. Now,
there are essentially two parts to this application, one of themseeks
conditional use parking in support of the Medical Laboratory on the 21st Terrace,
Lot. The Planning Department recommended and still recommends in favor of that
portion of this application. That is the portion of the application that those
who have objected to it in the past and I think there are some objectors here
tonight, have objected to it. The Planning Department favors that, some
neighbors object to it. The other portion of the application has to do with
variances that are required in connection with the proposed building of a
complete second story on this building. Some of those requires for variance
are technical, academic really, because the building is already built with those
variance since as I said twenty-five or thirty years ago and this is simply
a reiteration of what is physically there. The zoning on Coral Way permits a
two story building. This is a photograph of the building, some of you may
recognize it. May I bring it over closer?
Mayor Ferre: Is that the existing building?
Mr. Reisman This is the existing building, 1801 Coral Way. This is Coral
Way and this is 18th Avenue. The portion of the second floor you see here is
and has been for many years in existence. The proposal is to extend the second
floor out over the rest of the building. The... any portion of the half of
this application that has to do with variances...
Ms. Hiari: Excuse me, Mr. Reisman, excuse us, would you mind putting your
statement on the record?
I G � NOV 2 61979
(Con'td)
Mr. Harvey Reisman: The only portion of the application that the Planning
Department has not recommended approval of is that portion of it which
sought to have a zero...a zero side setback on the West side of the
property. That's lot seventeen exactly where the pencil mark is showing.
The second portion of the application to which the Planning Department
objected was the lot coverage in connection with the square footage
created by the addition of the second floor out to the zero lot line.
Now in an effort to compromise that matter...incidently, I might say
that Dr. Vicente, the applicant is a physican. He is -tot an experienced
zoning applicant. This is the first time he's made such'an application:
And he was this, I might analogize it best as a tonsillectomy, when in fact,.
it was a heart transplant. And he made his application, initially,
on his own' without -professional representation or assistance and there
is no question that a reading of the transcript indicates that there
was not an even a partial understanding, or not much more than a partial
understanding of the nature of the application by people in the
neighborhood. That has been verified, confirmed on my part, by speaking
with some of the people in the neighborhood. All of.those, as a matter
of fact, who were demonstrated by the transcript as having objected on
the initial occasion. And several others who didn't speak publicly
that night but were more than prepared to speak with us privately. So
I hope we'll be able to clear those things up tonight. When I was
retained to take this matter to appeal and bring it before this
Commission, I went in to see'Mr.- Whipple, in the Planning Department.
I discussed the matter with him and asked him what we could do to make
the application more palatable. He suggested that we try to solve the
two objections which he has noted and which I have just noted to you.
And in reference to that, what we have done is as follows. We have
prepared a new plan which asks for, instead of a zero setback from:the
side lot lines on the West,_forthe second story, asks for a ten foot
setback. Thus reducing the amount of setback by almost half initially
asked for and reducing the square footage ratio with respect to -the lot
which was the second objection. I hope that those two matters are cured.
I went back to see Mr. Whipple on a second occasion with the new plan,
the amended plan, and I don't want to quote him, I'll allow him to speak
for himself but he seemed pleased by the changes made. Is that a fair
statement?
Mr. Whipple: Pleased by the change.
Mr. Reisman: Okay. The front`. and street side setbacks that are asked for
are academic, really, because those variances have already existed for
over twenty-five years. The second floor that is being proposed, per se
requires no variance because that height is already permitted, and -as you
saw from the picture which we showed you, a partial second floor already.
exists and has since the building was built. Even the lot coverage
variance request is partly academic in that again, the building has
exceeded the present percentage required of lot coverage since the,
days that the building was originally built.
Mayor Ferre: Harvey, don't be too academic.
Mr. Reisman: Okay. Now, we tried to resolve and compromise those
objections and I've indicated to you how we've compromised those that
the Planning Department had. I think that it is a fair representation to
tell you that the people in the neighborhood who have objected in the past
and are here tonight, don't care about:any of the variance requests on
the two lots that are on Coral Way. They are concerned with the portion
of the application that the Planning Department has recommended, and that
is for the conditional use parking on the 21st Terrace lot. Now, with
respect to that, let me try to clear up some misconceptions. Number one,
the R-1 zone in the City of Miami specifically permits the building by
a property owner, a single family property. owner, of a fence or a wall,
or permit the planting of a hedge all around the property lines right
on the lot line. That is from the sidewalk up to a height of eight
feet. There are no such walls on that particular block of 2lst Terrace.
However, on the block immediately behind, there are at least three such
situations. One of them is in fact, a concrete wall eight feet tall
11 o
NGV 261979
that completely surrounds the property on the lot.line. That can be
done by any single family property owner without coming through this;
body, without coming through the Planning and Zoning Board, simply by
asking for a building permit which he would receive...he'or she would
receive. What we are proposing on this situation, if permitted to do
the conditional use parking, is to build a wall to the height specified
by the neighbors. We have spoken with a number of them today and over
the course of the last couple of months, and it seems that none of them
want a wall higher than five feet. Some of them would like a wall as
low as three and one half or four feet. We are more than willing to do
either. We intend to have the wall honor the existing setback requirements
for a home rather than being out on the lot line so that there would'
be a beautiful wall, fully landscaped in the front yard, and along the
side lot line as well on 18th Avenue. Wall, hedge, planting on the outside,
and trees, and fully containing twenty parking spaces inside of the
conditional use parking lot. There would be no access whatever, from
this parking lot other than now exists to and from the property.
There are presently two accesses permitted, one at the West end of the
Coral Way lots, and one on...over to the East just a little bit. That's
one access now and the -other access is from 18th Avenue right there.
There would be no ingressi or egress from the newly walled conditional
use parking on the terrace lot. Now, I think that was one of the
misunderstandings prior to One, we found that some of the neighbors
believed that there would be a wall that went out to the lot lines all
around. That is not so. Second, we discovered that some of the
neighbors'believed that there would be ingress and egress from that lot
either on 18th Avenue or into 21st Terrace. That is not going to be the
case. There will be no changes from that. Why is all of this necessary?
The Central Medical Laboratory has been in business there for the past
seven years. It is an important economic force in the City of Miami.
It is an important business in the City of Miami. It employs nearly
one hundred people at that address at different times of the day. There
are never more than thirty-five or so people on the premises at a'time.'
• There are shifts that work until one or one thirty in the morning. The
greater number of the people who are there doing the day are administrative
people. The greater number of people who are there in the evening hours
are technicians...medical technicians and physicians. This laboratory
does hematological and other pathological medical tests for over
one thousand doctors, most of whom...and hospitals, most of whom are
located in the City of Miami. Most of the employees of this business
reside in the City of Miami. There are here tonight, I think in the •
audience some fifteen or eightebn employees of that business, all of whom
reside in the City of Miami. Some of whom live quite near by and walk
to work or are driven to work and dropped off there. The other employees
of this business are not people who work or are employeed in the building
at all. They are delivery people who operate cars, none of which are
stored on the premises, day or night, but stored elsewhere.in places
permited for that purpose, but who come to t?ie laboratory to deliver
blood samples or tissue samples picked up form doctors or hospitals,
drop them off and then may return at•a later time for pick-up and
return to the physicians or hospitals. They stay for a few minutes
and they leave. The parking situation in connection with all of the
businesses, not just this one, in that location is extremely difficult.
I might comment on that in this fashion. I read the minutes of the
Planning and Zoning Board meeting with great care which three of the
neighbors made objection to this parking proposal. And I've talked
or attempted to communicate with all of those who spoke on that
occasion and some of those who were here but did not speak. We had
the good fortune to discover that two of them had sons who were lawyers
and we were able to talk to teem and both of them understood very well.
One of them was a Mr. Godoy, whose son is Roberto'Godoy, a lawyer.
Neither could be here tonight; but both have authorized us to say in
their behalf, that while they`ob'jected before, now that they understand
this matter they do not object,' providing we do what we had promised
to do in connection with this application.
Mayor Ferre: Counsellor, it iteleven thirty. I'd be very greatful
if you could wind up your statement.
Nov 261979
ist
Mr Reisman: I!11 wind it up now simply by saying, we intend to make.
this a beautiful, beautiful function. It is something that is necessary
not only to this business, but to the neighborhood. The parking
situation there now is a bad one. We want to cure it. If I may, I'll
stop now, listen to whatever the objections maybe and ask your consent
to make some rebuttal or response to those objections. Thank you.
Mayor Ferre: All right, objectors, please. Who are the objectors?
Raise your hands. All right, how many of you wish to be heard at this
time? All right, then line up here. Will three minutes do for each one
of you? That will be about twenty minutes. Anybody need more than
twenty minutes. I counted about six or seven.
Mr. Gus Konsomanis: The two gentlemen sitting to
his right don't speak very good English and they've asked me to, help
them out this evening. One in Greek and two in.Spanish. In any event,
I don't live in that neighborhood, live a few blocks away. My name
is Gus Konsomanisand I live at 231 S.W. 28th Road. My dad lives on
the immediate block that is in question. I want to say, the people
here tonight on the Commission, myself too, I'd like to get home this
evening so I'll keep it very brief and I'll just say this and thusly,
I'll commence with...if the Commission would this evening go to the
subject property, you would see about fourteen or fifteen cars parked
allover the driveway, the lawn, the sidewalks, and sitting on top
of the sign that says 18th Avenue and 21st Terrace, which has been
knocked down for about two weeks now. The building has been allowed
to become an eyesore in the'neighborhood. The good doctor has a very
successful business but obviously, he doesn't care too much for the
neighborhood because he's allowed this piece of property to depreciate
and the area to depreciate along with it. .His main concern is,'of course,
his own business. Our main concern is to save our neighborhood. If
his business is so successful, as I've heard it is, then he should
seek proprety in the commercial area and not try to invade a residential
area. There are many people that were here this evening that left. One.
lady left me a letter which she addressed to you, sir and I'm supposed to
hand to you.
Mayor Ferre I will read it into the record and give it to the Clerk.
Do you want me to do that now or after you conclude?
Konsomanis: It doesn't matter, I think it's just a vote of. confidence'
for the rest of the people here.
Mayor Ferre: This is just a...authorize the use of my proxy against
the petition for parking lot. I am unable to attend in person to
present this. Very truly yours, Natalia Navarro.
Mr. Konsomanis: The esteemed attorney has said they would put up a
beautiful wall. I can't imagine a wall being beautiful. And his words
are very eloquent, he's very well prepared, and I commend him for it
but getting back to the issue, the, issue is the invasion, of a residential
area by commercial business. We can not allow this to happen in Miami
or elsewhere, whether it's Coconut Grove or it's Coral Way. I think
that the people have showed up to I think three.or.four of these meetings
should be' heard. They've all'asked me to speak for them. I don't
believe there is anyone else that is going to talk and I'll just cut it
right: herd. It is just the invasion within the residential area that
we are fighting. Thank you.
Mayor Ferre: All right, any other speakers? All right, what's the will
of this Commission?
Mr. Lacasa: Mr. Mayor, I feel that one of thekey questions here is
precisely what this gentleman mentioned when he said, and I don't
know the building, that the building is an.eyesore. I for one, feel
that if...anyway they are going to add another floor to the building,
this might in itself be an improvement to the present situation. As
172 NOV 261979
far as the parking is concerned, I don't see quite frankly, any real
reason why we cannot allow that because the basic problem withthisarea
is that we have plenty of business around Coral Way and it is extremely
difficult to park, even for residents and visitors of those residents
on S.W. 21st Terrace because of the businesses taking a lot of parking
space, all day long. And this has happened to me many times around
the other areas of the street. So I feel that this could alleviate
the situation if they do have a reasonable parking space, although,
I do agree with the Planning Department, that the question of the zero
setback should not be allowed. So, I would like to move that the
application be approved on the basis recommended by the Planning Department,
with, including the denial on the zero setback. So that is my motion,
on both 10(a) and 10 (b).
Mayor Ferre: Is there a second to 10(a)? Is there a second to item
10 (a) as the motion has been made?
Father Gibson: (INAUDIBLE COMMENT)
Mr. Reisman: Yes, sir. Commissioner, Mr. Mayor,• you know it's
eleven thirty. You've cautioned me. We've brought drawings,we brought
a model, I had a full presentation to make. This matter came up before
the Commission months ago. We came down here, the entire matter was
put off for more than anonth. Its been put off several times now. It's
truely not fair in this situation. I really feel as though it's not,
for us to be able not to make a full presentation...
Father Gibson: Would you rather postpone (REST OF COMMENT INAUDIBLE)
Mr. Reisman: No, sir. I'd love to go ahead with it this evening. I
can make a full presentation in ten minutes, I promise. Everyone we've
shown this to in the neighborhood has approved of it. And what we
are facing now is a situation in which each of them is afraid now, to
look bad in front of neighbors by showing that he's changed his mind.
Mr. Kontzamanys:
That's not true.
Mr. Reisman: Now here's a gentleman...now please,sir, I didn't interrupt
you. Even when you called me an esteemed attorney and didn't mean it,
you made it sound like an insult. Let. me finish.
Mr. Kontzamanys: I'm waiting for you.
Mr. Reisman: And then I'll be glad to let you speak, if the Commission
will permit you May I make a rebuttal to the remarks that were made
and make a presentation, Mr. Mayor?
Mayor Ferre: Yes.
Mr. Reisman: I promise to make it as quick as possible. Gentlemen,
Mr. Gus has indicated that this building is an eyesore. And I
absolutely deny that That is an absolute mis-statement of fact, it is
an untruth. He has indicated that this owner cares only for himself and
not for the neighborhood, has permitted the building to become an
eyesore. That is an absolute mis-statement and an untruth. He has
indicated that if you go out there right now, you'll find cars parked
all over. And I don't know whether that's true or not because I'm not
out there right now, but to the extent that it is true or not, of course,
ther are cars parked there at various times of the day'or night. Coral
Way is entirely commercial along there. We're dealing with one of those
:streets in the City of Miami, an urban area like many others all over
the country which has numerous business, professional, legal, medical,
clinical, and retail stores, as well as drugstores, restaurants, a
nightclub within a half a block,'and multi -family apartments on Coral
Way. All of them, have the'same problem as other'streets like it, Bird
Road, the Trail, 36th Street, .79th Street, Biscayne Boulevard, where I
live, in the City of Miami, all of them have RU-1 Zoning immediately
. behind them and residential' uses iminedfately behind them. All of the
173
NOV 26 1979
commercial and the residential uses in these cases, and particularly
this one, have been there for decades. In fact, prior to the vast
majority of the persons who now occupy both the businesses and the
residences. All most all of them, With few exceptions, have moved into
those businesses and those residences with full knowledge ,of what is
there. -Now over the past years, the City of Miami has successfully
encouraged the favorable economic climate and not surptisingly its
business enterprises have flourished thanks to this Commission and
its predecessors, and people who care about the City of Miami and have
made it work. At the same time that this is happening, Miami has
become the automobile capital of the, world, of the world. We have,
and drive more automobiles per person here in Miami than Los Angeles
which was the prior champion. It's common for families and even
individuals in this community to own multiple automobiles, trucks,
vans, recreational vehicles and motorcycles. Some of us do. Our
traffic and parking problems have continued to increase. Public
transporation remains awful in this community despite plans for future
betterment. The subject area is just typical of the problems that
have accompanied urban economic growth in the American., and particularly
Miami's love affair with the automobile. Now both residential dwellers
like these people, and commercial users, like my client and these
people, have rights and needs. All of them are citizens and neighbors
in. Miami, all of them are citizens and neighbors in this neighborhood..
Both do care about their neighborhoods. These property owners each
of them have substantial investments in their homes. Dr. Vincente
certainly has no less, and in fact, very substantially more investment
in his property. Of course, he cares about the. neighborhood. It's
ridiculous for him to be accused of not caring about it. •Particularly
in light of his coming in here and asking for the right to substantially
improve the property in excess of what it is now. Now how do we resolve
the conflict that arise in neighborhoods like this one where you have
commercial and residential properties right smack up against one another?
And Miami has many miles on the streets that I've mentioned of
exactly that problem. Well you certainly don't do it by having
neighbors come in and say, you move. Or of having commercial enterprises
point back at the neighbors and say, no, you move. That's not. what an
urban area, and a big City like Miami is all about. Now, how do you
resolve those conflicts? Well I think we resolve those conflicts by
the exercise of good common-sense, the spirit of compromise,. the
expert analysis of professional planners like Mr. Whipple and his people,
and the ultimate arbitration, consideration of decision of an'elected
body like you. Now here are the facts concerning this proposed
parking. The facts. I told you there are more or less thirty-five
employees in the building from about seven -thirty in the morning,, till
ten or eleven at night and a smaller number, sometimes, until mindnight
or one o'clock in the morning. There are more administrative people
in the day, I told you, and more medical, technicians at night. •Not
all of them drive, not all of them drive alone when they do. None of
the vehicles that are brought there for the purposes of pick-up
and delivery, as I indicated to you, are stored on this property. We
discovered in talking with neighbors in the neighborhood, that some
of those folks, I don't know if .any of them -are here tonight, believe
that a garage was being built on the Terrace...21st Terrace lot. Now,
that's just not true. No parking lot has ever...no garage has ever
been proposed for there, and none is proposed now, and none can be
built there. There seems to be some fear that a conditional use parking
is permitted on the Terrace lot in support of this building, that (a),,
the owner may not have to build it but will be free to build, I don't
know a ten story something, unknown and which frightens these' neighbors.
And I want to make it clear tothem, and ask them please, to ask the
Commission for its assurance, Mr Whipple for the City's assurance,
that cannot be done. We are not seeking a zoning change on the
Terrace...21st Terrace lot. We seek only a conditional use for parking
only in support of this building, the. zoning there will remain R-1.
It can be used only for this purpose that we are asking for or for a
single family residential unit, period. It cannot be anything else.
There is nothing else to fear. Now, I would like •to show you, if I
may, some pictures that speak 40thousand words. I'm showing you an
174
NOV 261979
ist
aerial view. This, down here, is Coral Way, just, to give you
orientation. Over here, to your right, is East toward downtown, out
to the left where I am standing, is West. That way is North, up to
the top of the area. The building that we are speaking about is this
building right here. The present parking is one the corner. This is
18th Avenue, this is Coral Way, this is 21st Terrace. The objectors
who are here tonight live in houses that are either here in this row,
or here in this row. That is either on the South or the North .side of
21st Terrace. Now, Dr. Vicente is asking for permission, essentially,
to put a second floor, a second story on this building ,and to have
that second story extend out over the present building, somewhat to the
West. This building is presently built, constructed with far more than
the setback that isrequired on the West side of the building. So that
what is being requested is fair, and reasonable. We are no longer...
we have waived our request for a zero setback, and are asking now for
a ten foot setback. Okay. None of the neighbors have any problem
with that, none of them have objected to that. Here's the second part
of the application. This lot, back here, presently has a house on it
which is owned by Dr. Vicente, cars park in the front of it, cars park
beside it, some of them being cars that belong to his employees. Some
of them being cars that may belong to other businesses in the area. There
is no one partrolling it. The house is vacant. It is not going to be
used for a single family residence anymore. It is an eyesore. The
neighbors are correct when they complain that it is. There is a
nightclub down the street. People who frequent that nightclub,, sometimes
do park because they can't find parking on Coral Way at the nightclub
back in the residential neighborhoods. Sometimes they park in this
parking lot. Sometimes, they bring cups and glasses, and litter and
paper with them and throw it in the street. That's awful. If I lived
there I would hate it just as much as the people who live in the
neighborhood. There objections to that are totally valid. How do
we control it? What we're suggesting is as follows: The present law
permits any of these people, or their successors, there is no guarantee
that they will live ther forever _either. Anyone who lives in anyone of
these homes may build a. wall up to eight feet tall without any special
consent from anyone, right along the sidewalk of his property, so that
anybody who lives on the block and walked out in front of his house
into his twenty-five foot setback,would look down the block and have
it blocked. Exactly what the setback requirement is designed to protect
against. Now, what are we suggesting to solve all of these problems?
We have proposed a plan...we do propose a plan that goes like this.
At the top of this photograph, again, is North. Coral Way is here.
Coral Way is down here. This is 18th Avenue going North. East, West
in this direction. The present building is located on this....these
two lots on Coral Way. The proposal, as I indicated, a second floor,
the top line of which would be ten feet setback from the side line, and
to which again the neighbors do not object. Access to the property
presently is right here where it will remain. Access to the property
is presently over here where it will remain. Now, this is. the lot
on which we ask for conditional use parking. Now, remember, if
Dr. Vicente, who owns this property, wishes, he may tomorrow come down
to the Building Department and ask for a building permit to build an
eight foot concrete wall right out here along the sidewalk and all the
way around this property. Mr. Whipple, is that representation correct?
Mr. Whipple: Yes, sir.
Mr. Reisman. Okay. Instead,of doing that, he's asking the following:
He says, please permit me conditional use parking on this property,' not
to use as a commercial enterprise to reat to the nightclub or to allow
others to use, not for a paid parking lot, but for my building. I
want to take some of these cars'out of your eyes and out, of your faces.
Some of this litter out from in front of your sensibilities. And, so
what I'm suggesting is, I will tear down this house,'I will build a
wall of whatever height•you tell us...you want a wall three feet tall,
we'll do it. You want one tdn feet tall? We'll give it to you. The •
neighbors. have suggested.. ,kay, three to five, the neighbors' have
we have proposed a five foot wall, 'we had two of the neighbors, one
175
NOV 2 6 1979
of them is here tonight, and today, they both said, five foot walls..
They measured themselves against the cars and against the hedge, and
they said a five foot wall would be beautiful. One of the neighbors
whom we spoke to, he was one of the objectors at the other hearing, -he's
here tonight. He was, I don't know if he still is. Several weeks ago he said
he want a three and one half foot wall. We can't do both, obviously, we'll
do either. Give us some direction.
Mayor Ferre: Counsellor, you said ten minutes. It's been fourteen now.
Mr. Reisman: Let me have one more. Maybe two.
Mr. Reisman: The wall would be setback twenty-five feet. just like the
house that's one it now. It would be fronted with whatever landscaping...
I'm making this as a representation and a promise, with whatever landscaping...
Mayor Ferre: Put...say it into the record. Say it into the microphone
so that..
Mr. Reisman: Satisfies, the neighbors and requires...we would provide whatever
landscaping the neighbors require, and the City requires of us in connection
with this matter. We are not dealing with ten acres, we're dealing with
a small residential lot. It is no great effort for us to provide
beautiful landcaping, it is our desire to do so. It includes trees as
well The same thing on the side lot line. We are providing fifteen
feet setback along the side. The access will be here, there will no
no ingress or egress out onto this street or this one. If unauthorized
people are going to use this lot and litter it, it's inside. It will be
our responsibility to clean.
Mayor Ferre: All right, I think we've heard...
Father Gibson: Sir, let me ask you something I...I...at:first ,I
was opposed. But what counsellor just said sounds reasonable. If he's...
as long as he'doesn't encroach over that way. Already, he says, I will
put up the wall, make: sure there won't be anybody going out that way,
they are already coming in here, I'll make sure nobody will go that way.
You know, that way I'll put up a five foot wall, that's as high• as I
could go. I1.11 landscape, I'll setback twenty-five feet from the property
line. Let me say this. I know you know this better than I. For Gods
sake, I think that you and I live in a time where we have to give and
take'. If I had my way about it, I would never have that zoning back on
to what it is. But I didn't live in those days... when ...you know, I
didn't know then what,I know now.. Why don't you... why wouldn't you
let him setback from the property line, from the sidewalk, build a wall,
put all that...some beautiful landscaping in there, -contain the parking,
contain inside here. Because he'll tear the house: down anyway.
Mr. Kontzamanis: Father Gibson, may I speak now?
Father Gibson: Yes, sir.
Mr. Reisman: Excuse me. Mr. Gus, may I just add one thing that I forgot?
We have not been asked by the City to provide a Unity of Title Agreement
that would guarantee that the Terrace...21st Terrace lot would be used only
for this purpose and only in connection with this property. You've not
heard anyone ask for it. I am voluntarily offering to do it. And you
may make it a condition of this zoning, if granted.
Mayor Ferre: Okay, Mr. Lacasa moves. Is there a second?
Mr. Kontzamanis: Sir, may I answer him?
Mayor Ferre: Oh, I'm sorry. Excuse me, Gus.
Mr.Kontzamanis: Harvey, I'll call you because you don't like the other
names, I'm sorry. Harvey kept quoting people that I haven't seen yet here
this evening. I haven't seen anyone and I haven't spoken to anyone and
I've spoken to ninety percent of the neighbors in that area, sir. And
176
NOV 261979
everyone is against this. You keep saying, they don't object to this,
and they don't object to that. I'm sorry, but I can't go along with
your fantasies, expecting me to believe that you have spoken to all the
neighbors and they've all said that they wanted...they agree with you.
Sir, I was out there yesterday, and I was out the day before and they
don't want it, sir. They don't want the invasion of this commercial
property into a residential zone. You're improving your property, like
you said, Doctor, you have a right to improve your property, but not,
at the expense of your neighbors, sir. You said, that we...
Mr. Reisman: Mr. Mayor, could we ask that his remarks be directed to
the Commission and not to us. They are personal and highly improper.
I'm not sure the gentleman should be here presenting the neighborhood
he's not a lawyer. This is just so out of line. Absolutely out of line:.
Kontzamanis: I didn't interrupt you, sir.
Mayor Ferre: No, no
Sir, I have more right to be here than anyone else.
Kontzamanis:
Mayor Ferre: Wait, wait. It's midnight and we.don't want.to,get into
hard feelings here, .so you address your statements to me, as the Chair,,
and conclude your statement.
Mr. Kontzamanis: The contention again sir, that it is an invasion
of the property of a residential area by a commercial zone. The
property that you first spoke of, Mr. Lacasa, was his first initial
property which he as showed you in, that rendering. We're not talking
about that, which you know...I think you've been appraised of that after
Harvery showed you the drawings. We are talking about the single` family.
home that was bought by Dr. Vicente, who intends to remove that
building, destroy, to move it, whatever, to make it a parking lot for
`the convenience of his commercial property on Coral Way. This extends
the commercial zoning through a variance into a residential area. And
this is what we are objecting to.
Mr. Lacasa:' But you see, the more we get into it, the more
convinced...
Mr. Kontzamanis.: I,can't"hear you.
Mr. Lacasa: The more we get into it, the more convinced I become of the'
validity of the application. Because precisely, because I was talking
about the first building. Now, the second building .has been brought to
my attention...
Mr.:Kontzamanis:
building.
Mr. Lacasa: Now I am aware that we have an even worse problem than we
had before. There is a house that is a.derelict. You will have` that
kind of a situation in there whether we like it or not.
Mr. Kontzamanis:
Now, you are aware of he's talking about a second
Sir...
Mr. Lacasa: What these people are proposing is a situation that will
alleviate the traffic congestion that will exist regardless of whether
or not we approve that. And that's what we are going -to have, a bunch
of people parking in that vacant space...
Mr. Kontzamanis: I wasn't finished, sir.
Mayor Ferre: Commissioner Lacasa,'let the gentleman finish his statement_
and then we are going to vote on it.
177
ist
NOV 2.6 1979
Mr. Mayor, may I
Mr. Kontzamanis: Yes, just let me finish. I was going to finish by saying,
there was no problem with that home. There were no congested traffic,
or parking on the lawns, or dirt, or filth, or glass or bottles, until
that home was bought by Doctor Vicente to transfer into a parking lot._
Now that it is vacant, it has become that way. If it was again a home
for someone to live in, it would be back to where it was originally,
a nice, lovely house. I'm finished, sir.
Mayor Ferre: All right, sir. Thank you.
Mr. Carollo: Mr. Mayor, I have a question, if I could.
Mayor Ferre: All right, Mr. Carollo. Yes, sir.
Mr. Carollo: Mr. Kontzamauis, what, in your eyes, the neighbors
there...
Mr. Kontzamanis: I thank you for remembering my name.
Mr. Carollo: Would you see that would happen, lets say for.
they do build a second story to the building, or finish the
story to the building with conditional parking that's going
the building, about the lot in the back. Do you think it's
cause a greater iroblem or not?
eyes
instance,
second
to be around
going to
Mr.Kcntzamanis I don't think he's allowed to build a second story
building without the lot in the back. Am I correct, sir?
Mr. Plummer: Well, he'd have to have a waiver...a variance for parking.
Mr. Reisman: It's coming to the neighborhood, incidently.
Mayor Ferre: Further questions?
Mr. Plummer: Yeah, how much of a variance
Mr. Whipple: The applicant, I believe, is requesting twenty spaces on
the conditional use lot, and it would have to be a waiver of those twenty.
required spaces.
Mayor Ferre: Further questions?
Mr. Plummer: How much on site parking does he presently have? How many
cars?
Mr. Whipple: I believe it's nineteen?
Mr. Reisman: Yes .
Mr. Whipple: Thirty-nine total required with the addition and twenty-
on the back.. Nineteen on site.
Mr. Reisman: Providing the full amount requested.
Mr.Kontzamanisi May I point out one thing, sir?
point out one thing?
Mayor Ferre: Yes.
Mr.Kontzamanis: If we allow that variance to happen on 21st Terrace for.
that corner of 18th Avenue,' what's to prevent the next shop owner, or the
next business to ask for the same variance since we've already established
a precedent?
Mayor Ferre: That's the problem.
1.78
ist
Mr. Kontzamanys: That' right, sir. It would destroy the whole block.
Correct?
Mayor Ferre: That's the problem.
Mr. Kontzamanys: Thank you.
Mr. Reisman: Mr. Mayor, may I respond to that?
Mayor Ferre: Yes, you may. Quickly.
Mr. Reisman: No one can guarantee that any variance granted, or any
zoning granted, any week, on any application in this City or in any other,
will not breed further applications. Similar, greater, there is no
question about it. These matters have to be granted on a'one by one basis
in the wisdom of the experts, in utlimately your wisdom after hearing the.
facts. The fact of the matter is, that the nature of the other commercial
enterprises, and by the way, among those commercial enterprises is two
apartment buildings on Coral Way, simply suggest that they will not be
in a position or even need to make such request with respect to additional
conditional use parking. But let me -add this, if ever any of them should,
and in your view those requests shouldbe justified, our request and
ouroproposal in terms of executing .that request should serve as the model
for everyone who gets conditional use parking in this City ever, absolutely
the model for it.
Mayor Ferre: All right.
Mr. Lacasa: I call the question.
Mayor Ferre: All right, there is a motion by Commissioner Lacasa.
there a second to the motion?
Father Gibson: You're going to setback fifteen feet over here? Is that
fifteen from the sidewalk.
Mr. Whipple: Mr. Mayor, that's what I was going to request.
as to what the conditons were.
Mayor Ferre: Go ahead.
Mr. Whipple: Well, you understand, when the Department responded to the
ten foot proposed by the applicant, that's better than zero feet but it
does not meet the twenty feet required. I would suggest to this
Commission if they want...
A clarification
Mayor Ferre: This is a Unity...first of all, he's volunteering Unity
of Title, secondly, he's setting back fifteen feet...
Mr. Whipple: I understand, there's ten feet from the West, line, sir.
Ten feet from the West line, Unity' of Title, twenty-five feet...
Mayor Ferre: Twenty feet...in S.W. 21st Terrace.
Mr. Reisman: And fifteen feet...
Mayor Ferre: And fifteen on S.W. 18th Avenue. From S.W.
Mr. Whipple: That's the front yard area.
Father Gibson: From the sidewalk. From the sidewalk in. What he's
saying, from the sidewalk here coming this way is twenty feet. Over
here, fifteen feet. Now, let me .say to my fellow citizens. You have
an unusual situation. The man is there, he owns the property. You
are there, you own your property I would think that if he is going to
make sure, by building that wall, down going out that way, and if he's
going to build all the way so.you•can't go out this way. Let me
ask, I'think you ought to try. You ought to try. Under very...I know
if this was my property, I'd feel like you but I want to say this,
ono of the things we found ourselves in here, we cannot right yesterdays
NOV 2 61979
21s Terrace.
179
ist
wrongs. And so we try to half way right the wrong in that, that
the man wants to setback fifteen. Wants to setback this way twenty
feet. And I would think sometimes, based on houses, we may be
better, off with a five foot wall, setback twenty feet this way, fifteen
feet this way, when I see some of the things (INAUDIBLE). I was
concerned that that house was vacant. And if I tell you, I_promise
myself and God I'd never vote for matters unless I go see them because
I believe that one day, I too, will be sitting in a situation. I'm
sympathetic to the problem.
Mr.Kontzamanis: Can you picture the rest of the block that way, sir?
Father Gibson: Well, here's the thing. If I owned all the property
,that faced on this 21st Terrace, and I wanted to give it all up for
parking and setback twenty feet here and fifteen feet here, I would
hope that the neighbors would consider me a dog gone good neighbor
and property owner.
Mayor Ferre: All right, is there a second to the motion as clarified?
Father Gibson: I'm going to second the -motion.
Mayor Ferre: Further discussion on this? Call the roll, please.
Mr. Grassier Mr. Mayor, I don't think that the Planning Departments
position on setback has been made clear to you. Its beem re'resemted
by counsel, but I think they ought to -really tell you what their,
position is on the setback.
Mayor. Ferre: As I understand, the way the motion is being made is,
the proposal is recommended and is accepted by the Planning Department,
which includes a Unity of Title, as volunteered, and a twenty foot'
setback from 21st Terrace, and a fifteen foot setback from 18th Avenue,
including all the landscape that was proffered, and including a
five foot wall. Now...
Mr. Whipple: Well, the other two portions of the application Mr. Mayor, concern th-
main building and its extension. The required -setback from the
Westerly property line on the. RC portion required is twenty feet.
The applicant requested zero'setback, has offered tonight ten feet,
which we are still opposed to. It's better than...you know, ten
feet is better than zero but twenty is required, so we cannot sanction
that part of it.
Mayor Ferre I understand. That's all part of the motion as made by
Commissioner Lacasa.
Mr. Whipple: Could we also have sit plan approval as they have,.
proffered additional landscaping that we may see that that's put
in.
Mayor Ferre: Yes. Yes, that was all part and parcel of the motion
which is land site....land site approval as proffered by the
attorney. Is there further discussion? Call the roll.,
The following resolution was introduced by Commissioner Lacasa,
who moved its adoption:
RESOLUTION NO. 79-809
A RESOLUTION GRANTING A CONDITIONAL USE AS LISTED
IN ORDINANCE NO. 6871,• ARTICLE V, SECTION 1 (6) (b) ,
TO PERMIT THE CONSTRUCTION OF A 20-SPACE OPEN
PARKING LOT FOR PRIVATE PASSENGER VEHICLES ON LOT 1,
BLOCK 3; SHENANDOAH MANOR SECTION "B" (39-81) BEING
1800 S.W. 21st TERRACE, AS PER PLANS ON FILE, AS AN
ACCESSORY USE TO THE BUILDING LOCATED ON LOTS 17 &
18, BLOCK 3; SHENANDOAH MANOR SECTION "B", (39-81)
IN CONJUNCTION WITH VARIANCE APPLICATION: ZONED
180
ist
NOV 2 61979
R-1 (ONE FAMILY) SUBJECT TO A 20' SET BACK FROM
21st TERRACE A 15' SET BACK FROM 18th AVENUE
LANDSCAPING AS PRESENTED AND CONSTRUCTION OF A,
5' WALL PROVIDED FOR INCLUSION OF A UNITY OF
TITLE AGREEMENT
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES:
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
*Mayor Maurice A. Ferre
NOES: *Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
ABSENT: None
ON THE ROLL CALL:
,412,,tie-;"114-/WLIL*0 .non.
„fir - e6 'WO 096 .2 ad. ett
*Mr. Carollo: Before I vote, I'd like to state something. Mr. Kontzamanis,
and the other people that are present here from that neighborhood, I
don't think that the motions made here by your neighbors are overly
unreasonable. No doubt, it's going. to have a large effect on your homes
there, but the reason that'I'm going to vote against it is not that I
see them that unreasonable. I'm going to vote against it because I
think that we have to set a precedent. Either we're going to make all
of that area in Coral Way, and I'm talking about from Sears almost on
Miracle Mile, to the Roads Section either commercial or not. Every
single block in that neighborhood has some sort :of business or another.
that has the same problem. So what I think this Commission has to do
today, either if it votes for this, then we're going to have to make
all the rest of that area commercial property when other people come before
this Commission. Either that, or we're not going to. So my vote is no,
because I don't think that this community is ready yet to make all that
area into a commercial neighborhood.
*Mayor Ferre: This is about. the... oh, twentieth time that I have had
to vote in tenyears that I've served this City on similar matters along
Coral Way, and other streets, where the forefathers of this City,.when
they rezoned this City forty or fifty years ago and did not have the
foresight to understand that it was absolutely, and patently absurd to put
a little commercial strip like that along a major avenue backed up by
a residential area. We are living with the sins of the past and we have
to go through this misery three or four times a year. You will notice,
on that map, on the next street down, which I guess is 19th Avenue on
Coral Way that the C-2 area protrudes into the residential area in an
"L" shape. That is a recognition of that, shortcoming. If you...if we
had a larger map of Coral Way, 17th Avenue, I beg your pardon, you would
see all along Coral Way intrusions into that half a block towards 21st
Terrace on the one side and towards, I,guess it's 23rd Terrace on the
other side, where we have this recurring problem over and.over again.
The question, therefore.is, are we going to destroy. the. residential nature
of these areas, or are we going to live with the reality of the continuous
pressure of the commercialization of Coral Way in their need for additional
parking. It is unreasonable to assume that people with investments along
Coral Way, that they are going to move to other areas ,because there are
no other areas and all they would...along Coral Way and in that immediate
neighborhood. So all you are really doing is forcing people to go to
another piece of property that has similar problems. And we're up
against this two, three times a year. I"have, in the past, as long as there
have been assurances of'proper set backs, proper landscaping, proper
Unity of Title, proper egress...ingress'and egress,. voted with these
because I feel that there is noother alternative. And as' sorry as I'am
to have to do it, I really don't see that there is any other choice, and
I vote yes.
181
i.st
NOV 261979
Mr. Carollo: Mr. Mayor, can I just add a statement, if I may. And I
don't mean this to be facetious. But I think that tonight we are
setting a precedent and if we could, from now on, if stuff like this
comes again before this Commission, follow this precedent and not take
up so much time and just start making that area there commercial from
now on.
51 (b) Mayor Ferre: Mr. Carollo, you are perfectly entitled to speak for
yourself, sir. Is there a motion on 10 (b)?
Mr. Lacasa: I move it.
Mayor Ferre: All right, there is a motion on 10(b).
Father Gibson: Second.
Mayor .Ferre: And there is a second on 10(b)? Is there further
discussion? All right, call the roll.
The following resolution was introduced by Commissioner Lacasa,
who moved its adoption:
RESOLUTION NO. 79-810
A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE
NO. 6871, ARTICLE XXVI, SECTION 2(33), ARTICLE
XI, SECTIONS 3 AND 6, AND ARTICLE XXIII, SECTION
4, TO PERMIT A SECOND STORY ADDITION TO THE
BUILDING ON LOTS 17 AND 18, BLOCK 3; SHENANDOAH
MANOR SECTION "B" (39-81), BEING 1801 SOUTHWEST.
22ND STREET, AS PER PLANS ON FILE, WITH A 7.83'
(25' REQUIRED) FRONT YARD, 0.0' (25.5' REQUIRED)
SIDE YARD 1.5' (20' REQUIRED) SIDE STREET YARD,
WAIVING 20 OF 39 REQUIRED OFF-STREET PARKING
SPACES, AND WITH A 58.4% (26% PERMITTED) LOT
COVERAGE; IN CONJUNCTION WITH A CONDITIONAL USE
APPLICATION FOR PARKING, ZONED R-C'(RESIDENTIAL
OFFICE)
(Here follows body of resolution, omitted here
on file in the Office of the City Clerk).
(Note):
Scriveners error, will
be amended. at. February
28, 1980 City Commissioi
Meeting.
RESOLUTION 80-181
and
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by:the following vote:
AYES: Commissioner (Rev.) Theodore R. Gibson
Commissioner. Armando Lacasa
Mayor Maurice A. Ferre
NOES: Commissioner Joe Carollo
Vice -Mayor J. L."Plummer, Jr.
ON THE ROLL CALL:
Mayor Ferre: Mr. Reisman,
Department is recommending
the building. That's what
so that there is no misunderstanding, the Building
a twenty foot setback. Is that correct? For
we are talking about'.
Mr. Reisman: (INAUDIBLE AWAY FROM THE MICROPHONE)
Mayor Ferre: Does twenty make it a stepped up building?
Mr.. Whipple: The requirement...•the required set back'onthe West side of
the main building, is twenty feet. The applicants requested originally,
zero. It came before this Commission tonight requesting ten instead of
the zero. We are recommerldinq as usual the twenty.,
•
ist
182
NOV 2 61979
Mayor Ferre: Isn't there an existing building there?
Mr. Whipple: Yes, sir, there is
Mayor Ferrer Show me the West side again.
Mr. Reisman: We have a serious problem with that (REST OF COMMENT INAUDIBLE
SPOKEN AWAY FROM THE MICROPHONE.
Mayor Ferrer Just tell us what the problem is counsellor.
Mr. Reisman: You're looking at the building from. Coral Way. You're
look North. This is l8th Avenue. The existing building stands here
Way, way back from the twenty feet requires. The twenty feet side set back.
As a matter of fact, it's less. It only becomes twenty feet because
of -the height of the building now. The additional overhang, up here
if brought out twenty-five feet or twenty feet would be out over here
somewhere. These steel supports which are' needed to hold this up,
would then intrude into the ingress and egress so that cars couldn't
get in and out.
Mayor Ferrer. No, what it means is you'd lose some parking.`,
Mr Reisman: It would be more than losing parking. You wouldn't be able
to enter or leave from Coral Way because of these steel supports.
Mr. Whipple, we looked at that together.
Mr.. Whipple: Yes, we looked at 'this, but you understand, and Mr. Reisman
understands that we don't feel there is any hardship that justifies any
variance on the set back. And the question has been brought up as to
meeting the required set back. If you met the required set back, then
you'd be building, actually on top of the existing structure without the
extension over the parking area which you are requesting.
Mr. Reisman: Just building on top of the existing structure would much
more than meet the set back. Much more. Because the building (INAUDIBLE)'
Mr. Whipple: Yes, sir. That's right. Forty-seven feet.
Mr. Reisman: The building stands forty-seven feet back for the set back
line.
Mayor Ferre: So in effect, what you are going to have to...
Mr. Reisman: We'd have to cut off twenty-seven of the building that
we are allowed to set back
Mayor Ferre: Is that what we voted for?
twenty foot set back.
As I understand it, it is a
Mr. Lacasa: What is what you recommended approval -here, Dick?
Mr. Whipple: We recommended that the variance for that set back not
be granted. Which would mean they would have to meet the twenty feet.
It is my understanding, that what you approved was a ten foot set back
rather than the twenty.
Mr. Lacasa: You recommended denial. Here.what I have is, you'recommended'
denial of the zero side yard and•lot cover variances.
Mr. Whipple: That is correct.
Mr. Lacasa: That is what I incorporated in my motion.
NOV 261979
Mt. Grassie: But the other thing, Commissioner, that they recommend
is a denial of the variance. And that's were the difficulty comes in.
Mr. Plummer: Can one who voted on the negative side tell you the way
I understood it?
Mayor Ferre: Yeah.
Mr. Plummer: The way. 'understood it was, he proffered ten feet.
Coming off of the zero feet, and -that's what you voted on. That's
what he proffered. That's what I understand now.
184
NOV 2 61979
ist
52. APPEAL OF DENIAL OF VARIANCE - 3854 POINCIANA AVENUE
Mayor Ferre: We are now on Itemeleven. We are now on Item eleven.
mr, Ralph G. Boalt.; Is Mr. Boalt here? Mr. Boalt, the Planning Department
recommended denial. the Board recommended denial. There were nine
objections by mail, two objectors present. Are there any objectors today?
All right, Mr. Boalt.
Mr. Ralph G. Boalt: I live at 3854 Poinciana Avenue in a home I bought
about eighteen months ago. At the time of the purchase of the home,
it had an open carport. In any home I live in it's very important to me
to have an enclosed garage. I have been a professional mortorcrosser for
the last ten years and have a considerable investment in tow truck equipment,
trailerspares, tools, etc. One of my concerns in moving into the Grove
was security for that equipment. I retained an architect to pick up
the lines of the home and enclose the garage. We applied for a building
permit which we got. Subsequently went forward with enclosing of the
garage. I'm going to turn the discussion over to my architect, Dick
Bacaette, and he'll explain to you the problems we've had since then, and
what we hope to achieve here tonight.
Mayor Ferre: As I recall reacling this thing, you went ahead and did
this without...is this the one that they did without permission and then
they were caught. And then they were caught twice? And they just went
ahead and did it anyway?
Mr. Richard Bacaette: This...let;me...that'wasn't quite exactly, the
way it happened. If I might Present...My name is Richard Bacaette. I'm
representing the owner, Ralph Boalt. I'm an architect. I'd like to
bring up the points, both of which point out the history of...I believe
they way we have interpreted it. The existing residence which Mr. Boalt
moved into eighteen months ago, and deemed this necessary for his personal
use, a garage, carport, of which we applied for a permit in November, 1978,
as per drawings in the package that you were given. On page four, basically
represents what the permit asked for. It was an enclosing of the garage
area plus a walled -in area on the side of the house. The construction
started...the permit was granted by November 13th, 1978 and the construction
was started. In addition to that, there was a portion of the roof which
was in violation, which was not a part of the existing permit which was
ex...and the wall extended above. As indicated on page four, seven, and
eight, these items were not a part of the permit and the violation and
citing by the City was given to both Mr. Boalt and the contractor. We
then discussed with the Zoning Department what procedure we must take
to try to approve the rescinded or the cited area as far as modification
to the existing permit drawings. They requested we must apply for a
variance for. the Zoning Board for encroachment of our existing completed
structure. Which the structure at that point was complete basically,
as you can see the photograph. The wording in our proposal was stating
the side setback requirement. We were asking for a zero lot line
instead of the five foot required setback in that zoning district. The
wording was modified by the Zoning Department in order to include not
only the side yard setback but the front setback which the owner, Mr.-Boalt,
when he purchased the property the contention was from the developer.
Alan Zirken, that he purchase not only the tract...or lot ten but tract
"A" as a total portion of his property. Which he in understanding had
total use of that property , ..not that the front yard
setback really had any..,that the setback was required as shown on that
exhibit to be thirty-five feet, not twenty feet from the twenty-five foot
tract "A". That, is rea11, as the attorney who represented Mr. Boalt
here could not be....represerited Mr. Boalt at the Zoning Board could not
be here tonight and stated to me in a meeting that we had a few days
ago that the question should be answered here, that his finding through
the affidavit and through the title search that the two properties were
Nov 2 61979
titled to Mr. Boalt. Both the tract...or lot number ten and tract,"A"
and the reality...a zoning decision...I guess as was related to the
Zoning Board but who did not rule in favor of it even with this statement,
the Zoning decision that a legal interpretation should be determined before
a zoning decision is made on the subject property, tract "A" before they
can deny Mr. Boalt the use of that particular property.
our proposal here tonight though, is something to modify this proposed...
the proposal that we had made at the Zoning Appeals Board hearing. And
that is to modify the portion shaded in yellow on that page four, seven,
I think it's four, seven, and eight, of the exhibit be as per the
exisiting permit that was issued by the City of Miami. We will remove...
this is specifically, that we remove the portion of the building in
controversy above and beyond the existing permit which was granted back
in November. Again to reiterate, we will remove both the roof area
and the wall on the Southern side of the property, the lot adjacent...
adjacent to lot number nine and create the original setback on that
side yard of the original five feet. We are still asking for...Mr. Boalts
use, the property in front of his house, which as the Permit Section
had indicated, and we had gotten a permit from, they had issued one based
on the total use and not to exclude the twenty foot,setback from the
twenty-five foot tract "A". What Mr. Boalt was trying to do, as some
of the opposees of the appeal are at the hearing in September, was that
what he is trying to encl...what he was trying to do as he earlier
stated is enclose the required... enclose the area of his parking to
create it out of sight which would...and not impose any of the paved
area in front of his property with automobiles, and equipment or anything
eles. But in reality he would... everything that would be of his, both
vehicles and equipment be contained inside -of the garage rather than be
in an open carport which would be more visually a deteriment I think,
to the property and to the landowners adjacent to him, than would; be
under enclosing it in the garage area And with that, again to reiterate,
that we would propose tonight that we do modify the request that was made
in the September Zoning Appeals Board hearing. And that we modify that
to state that we will remove the existing portion of roof and wall that
is in violation of the permit that was issued to him, Mr. Boalt, and that
he is given the right to keep...
Mayor Ferrer All right, questions from the Commission? All right, what's
the recommendation of the department again?
Mr. Richard Whipple: We find no hardship and, therefore, we recommended
denial of the application as submitted.
Mayor Ferrer All right, what's the will of -this Commission?
Father Gibson: Mr. Mayor, two things bother me. I wish the attorney
was here. I understand. Tell him the next time I think he ought to come.
I have some problems with people not adhering to the zoning rules., -.I
don't mind coming here and voting for variances just as I did tonight
when people show a hardship and are reasonable. But.I think to do it
and then ask me to .agree on what you've done is not very considerate.
And I'm going to offer a motion to uphold the recommendation.
Mayor Ferre: All right, is there a second?
Mr. Plummer: Second.
Mayor Ferre:
Further discussion on Item number eleven? Call the roll.
186
(CONTINUED NEXT PAGE)
NOV
51979
ist
The following motion was introduced by Commissioner Gibson, who moved
its adoption:
MOTION NO. 79-811
A MOTION TO UPHOLD THE RECOMMENDATION OF THE PLANNING
ADVISORY BOARD AND THE ZONING BOARD TO DENY APPLICATION
FOR VARIANCES FOR FRONT AND SIDE YARDS FOR GARAGE
ADDITION LOCATED AT 3854 POINCIANA AVENUE
Upon being seconded by Commissioner Plummer, the motion was passed.
and adopted by the following vote:
AYES:
NOES: None
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Commissioner Armando Lacasa
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
53. DENY REQUEST FOR CONDITIONAL USE -MECHANICALLY OPERATED
PARRING STRUCTURE ON NORTHWEST CORNER OF N. E. 3 STREET AND
BISCAYNE BOULEVARD
Mayor Ferre: Take up item twelve. The Planning and Zoning Department
recommended denial. The Planning Department recommends denial. Is
the applicant here? Is the applicant here? Is there anybody here on
item number twelve? What's the will of this Commission?
Mr. Lacasa: I move for denial.
Mayor Ferre: There's a motion...
Father Gibson: Second.
Mayor Ferre: And a second for denial. Further discussion? Call the
roll.
The following motion was introduced by Commissioner Lacasa, who
moved its adoption:
MOTION NO. 79-812
A MOTION UPHOLDING THE RECOMMENDATION OF THE
PLANNING.DEPARTMENT AND THE BUILDING AND ZONING
INSPECTION DEPARTMENT TO DENY CONDITIONAL USE
FOR A MECHANICALLY OPERATED PARKING STRUCTURE
ON THE NORTHWEST CORNER OF NORTHEAST 3RD STREET
AND BISCAYNE BOULEVARD
Upon being seconded by Commissioner Gibson, the motion was passed
and adopted by the following vote:
AYES:
NOES: None
*Vice -Mayor J. L. Plummer, Jr.
Commissioner Armando.Lacasa
Commissioner (Rev.) Theodore R. Gibson
• Commissioner Joe Carollo
Mayor Maurice A. Ferre
•
ist
187
Nov 2 61979
ON THE ROLL CALL:
*Mr. Plummer: I find it hard to show interest when the applicant
doesn't. I vote for the denial.
54. GRANT 1-YEAR EXTENSION CONDITIONAL USE-P.U.N.
2801 N.W. 13 Street.
Mayor Ferre: Take up item thirteen. A request by Mr. Fonseca to
extend the conditional use for the residential development planning
unit (PUN)on 13th Street. The Zoning Board granted conditional
use six to one." The Planning Department approved...recommend
approval. Is there an objector to it? Is there a motion?
Father Gibson: Move.
Mayor Ferre: Moved by Gibson. Is there a second?
Mr. Lacasa: Second.
Mr. Plummer: Can't I object?
Mayor Ferre: Second by Lacasa. Further discussion from the objector?
Mr. Plummer: What is the reason that you haven't built? Who
the applicant?
Mayor. Ferre: Further discussion?
Mr. Plummer: You mean the applicant is not here?
Mr: Whipple: Commissioner, it is not usual procedure to have the
applicant here. He submitted his request in writing and it'snormally,
at this point in time, been a routine procedure.
Mr. Plummer: I move the item be deferred.
Mayor Ferre: Why, J. L.?
is
Mr. Plummer: Lets find out why the man is not building?
Mayor Ferre: Can you explain that?
Mr. Whipple: No, sir, I can't.
Mayor Ferre: Well, I...we've gone through these things. You see,
I think the question is one of consistency. We continually grant
variances...I mean, excuse me, conditional use:..
Mr. Whipple: Mr. Mayor, we have several things happening here, if I
may address the Commission. Number one, this is an approval that's
been granted by the Zoning Board. Under our present procedures,
notwithstanding the plus points and the minus points, the procedure
requires that any extension of the variances for conditional use
be submitted to the City Manager for his approval with ratification
by this Commission, even; though the item hasn't come before this
Commission, the Zoning Board had already acted on it.
Mayor Ferre: I think the•point is that if the. Zoning Board•has granted
it six to one, and the Planning Department...
Mr. Plummer: But why was it deferred October the 17th?
IIIuII1111Iui.IIIIIII.IIIIINM
188
NOV 261979
Mr. Whipple: Because it was requested by one of the Commissioners at
that time, that all extensions be legally advertised and deferred
until that point.
Mayor Ferrer Don't you remember, that was Rose Gordon's good bye
present. She wanted everything advertised and she went through this
whole thing..:
Mr: Plummer: I'm going to be truthful with you, I've never heard
the thing and you're asking me..
Mr. Whipple: That is correct, Commissioner Plummer. That is absolutely
correct.
Mr. Plummer: And you're asking me to rubber stamp what the lower board
did without even knowing what the situation is.
Mr. Whipple: But an extension is one that maybe financing problem,
getting the architect to do the final detail plans, pardon?
Mr. Plummer But I have the right to know.
Mayor Ferrer He has the right if he wants to defer it. We can't...
you know, he's got the...
Mr. Whipple: Yes, sir, he does. But`I want this Commission to understand,.
the .item has not been before them before. This is...what we used to
have as a routine extension. There is no problem as far as the
Planning Department, the administration, or the Building Department in
the extension of this...
Mr. Plummer: I've got no problem, except I'd like to know why? Look,
I'll vote for it. Okay? But you go find out why and then come back
and drop me a memo. Or send it to the head boo hoo like the Charter says
and then send it to me. I'd just like to know why.
Mr. Whipple: I'll find out.
Mayor Ferrer All right, Gibson makes a motion, Lacasa second, with the
condition stated by Commissioner Plummer. Call the roll.
The following resolution was introduced by Commissioner Gibson, who
moved its adoption:
RESOLUTION NO. 79-813
A RESOLUTION GRANTING A ONE YEAR EXTENSION OF THE
CONDITIONAL USE AS LISTED.IN ORDINANCE NO. 6871,
ARTICLE XXXII, TO PERMIT CONSTRUCTION OF A
RESIDENTIAL DEVELOPMENT OF A PLANNED UNIT NATURE
(P.U.N.),ON LOT 11, LESS SR 836 RIGHT OF WAY
DEDICATION, BLOCK 8, KEW GARDENS, BEING 2801
N.W. 13TH STREET, AS PER PLANS ON FILE, CONSISTING
OF AN EXISTING DWELLING UNIT PLUS THREE NEW
DWELLING UNITS IN SEPARATE STRUCTURES, AND TWO
NEW DWELLING UNITS IN ONE STRUCTURE, FOR A TOTAL
OF SEX DWELLING UNITS IN FIVE STRUCTURES, ZONED
R-2 (TWO FAMILY)
(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:
•
189
NOV .2 6 1979
ist
ist
AYES:
NOES: None
Vice -Mayor J. L. Plummer, Jr.
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Mayor Maurice A. Ferre
REQUEST BY NORLBERTO LEAL TO EXTEND CONDITIONAL USE FOR
55. CO1STRUCTION OF RESIDENTIAL DEVELOPMENT OF A PLANNED UNIT
NATURE (PUN)-3079 N.W. llth STREET
Mayor Ferre: Take up item fifteen, request by Mr. Leal to extend the
conditional use of the construction...same thing, PUN. The conditional
use was voted on by the board seven to zero. The Department recommends
with the same provisos of item number thirteen. Mr. Lacasa moves,
Father Gibson seconds. Further discussion?
Mr. Plummer: Once again, is the applicant here? I'll vote yes, but I
want to know why. I think that in ,their letter...are you objectors?
Well...
Mayor Ferre: Well, you're objectors. Oh, why didn't you speak out?
I stand corrected. Is the applicant here? The objectors are here -and
they stayed here all night and we don't even have an applicant here?
All right, lets here from the objectors.
Mr. Plummer: Is the applicant...are you the applicant?
Mayor Ferre: You're the architect, well the same thing. C'mon and tell
us your story. Whats your problem.
Mr. Carlos Dominguez: Carlos Dominguez, architect, 3502 S.W. 23rd Street,
Miami. I am not here representing the owner. 'I'm just the architect.
So, I...
Mr. Plummer: Well, can I ask you a question and answer it only if you
know, and if you want to. Why hasn't this man done what he was given
permission to do?
Mr. Dominguez: I presume but I cannot assure, but I presume that he
is trying to obtain financing from several lending institutions.
Mr. Plummer: Mr. Whipple, I see nothing wrong in the future, when
people write and ask for these extensions that they state the reason
why they want the extension. I see nothing wrong with that at all.
Mayor Ferre: All right, we have an objector. State your name and
your objection.
Mr. Jose Arnez: My name is Jose Arnez and I'm:..I live'on 1110 N.W., 30th
Court. My property lies next to the property in question. As a newly
neighbor of the neighborhood, I feel an explanation of the supposed
development is in order before any decision of the approval should
be made. -There has not been any effort to provide a presentation
of the proposed residential development. I feel that after I have.
acquired this information,•a decision will be made. The neighborhood
now is a single' family. residential district, and anyother rezoning:to
two or more stories will be deterimental to our neighborhood aestheticaly
and traffic wise. I feel that this should be taken into consideration
before any action is required. Thank you.
190
NOV 261979
Mr. Aurelio Perez: At this point, Mr. Mayor, and Commissioners, you
are not deciding whether to grant the development. I think that the.
objector is missing the point in regard to the reason of this...of being
here tonight.. This development was granted by the Zoning Board, the
authorization to build the development some time ago when it came before
the board. I don't know if you were present at the time, but everybody
within the specified area was notified and you were not here. What the
applicant right now is trying to obtain, is an extension of that granting
which occurred roughly about six months ago. And this is what the
Commission is going to decide tonight. If to extend that approval that.
the applicant obtained. The approval was to build what is stated in
the agenda.
(INAUDIBLE COMMENT FROM THE AUDIENCE)
Mr. Perez: All that was considered at the time it went in front of the
Zoning Board about six, seven months ago. All that was heard and reviewed
at the time. (INAUDIBLE COMMENT FROM THE AUDIENCE)
Mr. Perez: It is not for a four story building on that side because the
area, I believe it is R-2. I'll have the architect explain to you what
is intended there.
Mr. Perez: The request, at that time, was for twin homes, two stories
high. Even in an R-1 area, two stories are allowed. Actually, two and
one half stories are allowed on an R-1 single family area. So,there'is
nothing unsual about having a twostory building there Even in an R-1
area which is a lower density than an R-2. That is allowed. -Actually,
more than two and one half, and this is an R-2 area.
Mayor Ferre: All right, is there anything else that we can do on this?
Mr. Plummer: This lady would. like to speak.
Mayor Ferre: A11 right.
Mr. Plummer: Come to the microphone, ma'am.
Mayor Ferre: You have to identify yourself. Your name and address for
the record.
Mrs. Irene Benson: I'm Irene Benson. I've lived there twenty-two years.
And the homes are very nice homes and are all fifty thousand dollar homes.
And if he builds two. stories in the back of our place, that's going to
box us in. And there insn't two story houses around there they are all...
Mayor Ferre: But sweetheart, that's not an issue
an issue now, is it?
now.
See, that's not
Mr. Perez: That already has been considered by the Zoning Board. The issue
is to whether to extend or not to extend the approval of the board.
Mayor Ferre: See, that's not an issue. What you don't want is not
what's before us.
Mrs. Benson: It's not an addition. He's going to build for twelve
families, six houses, and that's going to be two stories...
Mayor Ferre: Sweetheart, you don't understand. That's not before us.
You see, we're talking about apples, you're talking about oranges, and...
Mr. Plummer: Mr. Mayor, wait a minute.In all fairness, it is what she's
talking about If we deny tonight the extension, then it's all over. So
she is within her right. I'm sorry to disagree with my illustrious Solomon
but...
Father Gibson: But let me ask tHis
191
ist
If we have not in the past...
Mr. Plummer: That has no bearing on it. If we deny the extension tonight,
where is it? It's dead.
Mr. Whipple: No question on that. All I'm suggesting,:` Commissioner,, is
that if you deny it tonight without hearing and seeing the proposal of
which you are considering the extension, I think that also would be an
unfair approach. In other words...
Mr. Plummer: God hates a smartalec...
Mayor Ferre: So, Commissioner Plummer moves that this item be deferred
and that the owner be advised that he better here to defend his case,
otherwise, he's going to get his head chopped off.
Mr. Plummer: Without question. Without question.
Mayor Ferre: Is there a second?
Mr. Carollo: I'll second that.
Mayor Ferre: Further discussion?
Father Gibson: Mr. Mayor, I want to raise a question, however.
Let me raise this question. The fact that you don't...we must do one
of two things. When people are asking for extension, that is, if you
are going to do what you want, we must now say to each person, if you
want an extension, you'd better be here to tell us why. Remember,
we just got through passing on an extension. The man wasn'there. If
we are going to play the game fair, we must give this man the same thing.
Mr. Plummer: We also denied one, Father, that the man wasn't here, on
the Northeas 3 and Biscayne Boulevard. We denied it. It was,
recommended for denial and we denied it. Let me ask a question. When
this...if you recall, when this came up before the Zoning Board, what
was the recommendation of the Department?
Mr. Perez: Well, the one on Biscayne Boulevard was not..
Mr. Plummer: No, no, no, please. This application when it came...
Mr. Whipple: The Planning Department recommended approval in accord
• with the plans on file. The Zoning Board approved it on April 2nd, 1979,
in accord with the plans on file
Father Gibson: So; if you do other, you would not prepared to the people
whole. Now, what. so therefore, what you have to do is to
give this man the same consideration in view of the fact that you didn't
tell him that he ought to be here. And the only reason you're not
giving it to him is because he isn't here to tell you why. And I'm saying
. that we ought..unless you start right now, this is the cutoff date,
Mr. Whipple,,you say to everybody who wants an extension, he'd better be
here in person or have his representative here to tell us why. 'believe
that we ought to let this mans extension go.' And sir, I heard what you
said but you were not...from what you said about the area, you were not an
owner at that time.
(INAUDIBLE COMMENT FROM THE AUDIENCE)
Father. Gibson: So, all right. I just want to serve notice, we're not
being unfair to you. And I move...
Mayor Ferre: Wait a minute. Plummer made a move to defer. Was there
a second to that motion? Who seconded?
Father Gibson: I'm going to .withdraw my second.
Mr. Plummer: I don't know if anybody seconded the motion.
Mayor Ferre: All right, is. there a second to Plummer's motion?
ist
Father Gibson:
and that every
him the extens
Mayor Ferre:
I move you, sir, that we grant this man the extension,
person from here on in...well, I move that we grant
ion.
There's a motion on the floor. Is there a second?
Mr. Lacasa: I second.
Mayor Ferre: There is a second. Is there further discussion?
Call the roll.
The following resolution was introduced by Commissioner Gibson,
who moved its adoption:
RESOLUTION NO. 79-814
A RESOLUTION GRANTING A ONE YEAR EXTENSION OF THE
CONDITIONAL USE, AS LISTED IN ORDINANCE NO. 6871,
ARTICLE VI, SECTION 2(4-A) (a), TO PERMIT A
RESIDENTIAL DEVELOPMENT OF A PLANNED UNIT NATURE
(PUN) ON LOT 29 LESS N/LY PORTION FOR E-W EXPRESS
L.
WAY RIGHT OF WAY; BLOCK 3; WALDIN ACRES (5-68),
BEING APPROXIMATELY 3079 N.W. llth STREET, AS PER
PLAN ON FILE, CONSISTING OF TWELVE.(12) NEW DWELLING
UNITS IN SIX (6) STRUCTURES WITH TWO (2) DWELLING
UNITS PER STRUCTURE; ZONED R-2 (TWO-FAMILY)
(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:
ABSENT: None
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Commissioner Armando Lacasa
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
56. DECLARE POLICY OF THE CITY COMMISSION:
APPLICANTS TO BE PRESENT PURSUANT TO REQUESTS FOR EXTENSIONS
OF VARIANCES OR CONDITIONAL USES TO STATE THE REASON.
Rev. Gibson: Mr. Mayor, I'd like to...I don't know how this is done, but
everybody who is asking for an extension from here on in, should be
notified to be here in person and tell us why. From all indications,
that's why Plummer voted no. And that makes him consistent.
Mayor Ferre: All right, there's a motion...
Mr.. Perez: Commissioner, we will follow suit on that.
Mayor Ferre: There's a motion by Father Gibson that must be put down
in proper resolution form for the next meeting. Do you second it, Plummer?
Mr. Plummer I'm sorry, I didn't hear.
Father Gibson: That everybody who is asking for an extension be made to
come here and tell us why or put it in writing why he wants the extension.
Mr. Plummer: Oh, I agree with that. Sure, I agree with that.
ist
1.93
NOV 2 61979
IST
Mayor Ferre: Plummer seconds. Further discussion? Call the roll.
The following motion was introduced by Commissioner Gibson, who
moved its adoption:
MOTION NO. 79-815
A MOTION STATING THE POLICY OF THE CITY COMMISSION
THAT ALL APPLICANTS SEEKING EXTENSIONS OR VARIANCES
OR CONDITIONAL USES PERMITS SHALL BE PRESENT AT
THE CITY COMMISSION MEETING TO EXPLAIN THE REASON(S)'
FOR SUCH REQUEST OR SUBMIT THEM IN WRITING TO THE
CITY COMMISSION IN ADVANCE OF THE REQUEST
Upon being seconded by Commissioner Plummer, the motion was passed
and adopted by the following vote:
AYES:
NOES: None
Vice -Mayor J. L. Plummer, Jr.
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Mayor Maurice A. Ferre
4)FIRST READING ORDINANCE: PLANNING DEPARTMENT APPLICATION TO
57. CHANGE ZONING CLASSIFICATI N-229 N.W. 30th STREET, FROM R-3
TO PR (WYNWOOD MINI -PARK) PERMISSION TO CONSTRUCT
AND OPERATE RECREATIONAL FACILITIES
Mr. Plummer: Wynwood Park. I move 6(a).
Mayor Ferre: Why did we delay it before?
Mr. Grassier Only because there was no one interested in speaking to it,.
Mr. Mayor.
Mayor Ferrer All right, there's a motion on first reading on 6(a).•:>
Mr. Lacasa: Second.
Mayor Ferre Seconded by Commissioner
AN ORDINANCE ENTITLED-
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY
OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION
OF LOT 18, BLOCK 17, WYNWOOD PARK (5-23), BEING
APPROXIMATELY 229 N.W.30TH STREET, FROM R-3
(LOW DENSITY MULTIPLE) TO PR (PUBLIC PARK AND
RECREATIONAL USE), AND.BY MAKING THE NECESSARY
CHANGES IN THE ZONING DISTRICT MAP MADE A PART
OF SAID ORDINANCE NO. 6871 BY REFERENCE AND
DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF;
BY REPEALING ALL ORDINANCES, CODE SECTIONS,OR
PARTS THEREOF IN CONFLICT;. AND. CONTAINING A
SEVERABILITY CLAUSE
Was introduced by Commissioner. Plummer and seconded by Commissioner
Lacasa and passed on its' first reading by title by the following voted
(CONTINUED, NEXT PAGE)
194 NOV 261979
Lacasa. Call the roll.
1
a
AYES:
NOES:
None
Vice -Mayor J. L. Plummer, Jr.
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Mayor Maurice A. Ferre
The City Attorney read the ordinance into the public. record and
announced that copies were available to the members of the City Commission
and to the public.
Mr. Plummer.:
Father Gibson:
Mayor Ferre:
I move 6(b).
Second.
There is a motion and a second on 6(b).
Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 79-816
A RESOLUTION GRANTING PERMISSION TO CONSTRUCT
AND OPERATE RECREATIONAL FACILITIES AT WYNWOOD
MINI -PARK, PER ARTICLE XVIII-1 PUBLIC PARK
AND RECREATIONAL USE -PR DISTRICT, SECTION 4(1-3),
ON LOT 18, BLOCK 17; WYNWOOD PARK (5-23), BEING
APPROXIMATELY 229 N.W. 30TH STREET, ZONED R-3
TO PR (PUBLIC PARK AND RECREATIONAL USE), AND
SUBJECT TO SITE PLAN APPROVAL
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk).:
Upon being seconded by Commissioner Gibson, the resolution was passed
and adopted by the following vote:
AYES:
NOES: None
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
THEREUPON, Mayor Ferre`ADJOUNRED THE PLANNING
AND ZONING PORTION OF THE AGENDA, AND
PROCEDDED TO THEN REOPEN THE REGULAR MEETING
PORTION BY TAKING UP ITEMS BELONGING TO
THE MORNING PORTION OF THE AGANDA
53. DISCUSSION- MICHAEL MANLEY, PRIME MINISTER, JAMAICA
Mayor Ferre:
pocket items.
Mr. Carollo:
given copies
Now we are back to the regular
Mr. Carollo.•
Mr. Mayor, I have a resolution
to yourself and the rest of the
��
agenda and we'll take up
to present that I have
members of the Commission.
NOV 2 b 1979
ist
ist
Mayor Ferre: I don't...would you give me a copy? I don't have it.
Mr. Carollo: Are there any other members of the Commission that need
a copy?_
Mayor Ferre: Or do you want to just submit it into the...
Mr. Carollo: No, I'd like to read it, Mr. Mayor.
Mayor Ferre: Go ahead.
Mr. Carollo: Whereas Michael. Manley, Prime Minister of Jamaica expounds
Marxist philosophies totally alien to the American way and democratic
principles, along with deep anti-American sympathies. And whereas
Michael Manley has called for Puerto Rican independence, the return of
Guantanamo Bay to Cuba , in agreement with the international murderer,
Fidel Castro, his personal friend and ally and whereas the majority
of the population of Miami has fled the tyranny, pain and oppression of
Castros communist Cuba; and Whereas Michael Manley and leading members
of this government are operating at highest levels with top Cuban
DTI, and Russian KGB agents, and Jamaica intelligence agents have been
sent to Cuba for espionage training. A country of his political -
ideology is totally alien to the Jamaica people and; whereas the
Cuban Interrior ministery in Havana has ,supplied weapons to the Jamaica
Home Guard, a group of huge supporters of the government and; whereas
Ulysses Estrada, the new Cuban Ambassador to Jamaica and the head
of the Cuban an american which concentrates in covert espionage
activities in this hemisphere with known links with terrorist organizations.
namely ALFATA, the most violent of all PLO terrorist groups within the
Palistinian Liberation Organization. And whereas Michael Manely has
demonstrated in person outside the offices of the Daily Gleaner in
support of. Ulysses Estrada. The Daily Gleaner .being the only independent
publication remaining in Jamaica. Now therefore be it resolved that
while we strongly support meetings and conferences with mutual friends
and allies, we strongly condemn the visit of Michael Manley to Miami
this week and declare it unwelcome, distasteful and repugnant to all
of our citizens that have had to flee communist tyrannies and to the
God loving people of our community.
Mayor Ferre: All right, there is a motion on the floor. Is there a
second?
Mr. Carollo: If any of the. Commission members or the Mayor needs any
proof to back any of what is in the resolution, I'd be more than happy
to pass different papers that we have with proof.
Mayor Ferre: Is there a second to the motion or any questions at this
time? Is there a second to the motion? Hearing none, the matter dies
for lack of a second. Are there other matters to come up before this
Commission?
59, EXPRESS CONCERN FOR WELFARE & LOW INCOME CITIZENS REGARDING
SECURITY DEPOSITS IMPOSED BY FLORIDA POWER & LIGHT CO.
Mr. Knox: The PSC resolution.
Mayor. Ferre: Would you explain that, Mr. Knox?
Mr. Knox: Yes, sir. The Public Service Commission is holding public hearings
in Miami on this Thursday, and I have asked the City Commission to
authorize me, on behalf of the citizens of the City of Miami to express
the City of Miami's...the concern of the City of Miami for. the allegations.
which have been made by Legal Services attornies that there is a disparity
NOV 2 n 1979
in the requirements fora security deposits for low income minorities
individuals. And the proposed resolution simply asks that the
Public Service Commission cause Florida Power and Light to justify the
additional administrative cost which may be occasioned by reconnecting.
service of that -service which may be disconnected and the requirement
of security deposits generally.
Mayor Ferrer. All right, is there a motion?
Mr. Plummer: You know, we're speaking motherhood. I'm all in favor
of motherhood.
Mayor Ferre: Plummer moves motherhood.
Father Gibson: I hope I understand. You are going to be there saying
what now?
Mr. Knox: I'm just going to request an appearance before the Public
Service Commission and indicate that the City Commission, on behalf of
the citizens, would hope that the Public Service Commission conduct
a thorough investigation into the allegations that...to insure that
minority citizens are not discriminated against with respect to security
deposits.
Mr. Lacasa: I move
Mayor Ferrer All right, its been moved and seconded. Basically, this
was what was reported in the newspapers and the media a few days ago,
that there is some question as to whether or not Florida Power and
Light demand larger deposits from poor people than from people who have
more money and it seems to be an inconsistent matter. So, is there
further discussion on that resolution? It's before the Commission now.
Call the roll.
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION NO, 79-817
A RESOLUTION EXPRESSING THE CONCERN OF THE MEMBERS
OF THE MIAMI CITY COMMISSION FOR THE WELFARE AND
PROTECTION OF ITS LOW-INCOME AND MINORITY CITIZENS
IN THEIR CONTRACTUAL RELATIONSHIP WITH:FLORIDA
POWER AND LIGHT COMPANY; AND REQUESTING THE PUBLIC
SERVICE COMMISSION TO•REQUIRE THE FLORIDA POWER
AND LIGHT COMPANY TO JUSTIFY THE IMPOSITION OF
SECURITY DEPOSITS AND EXTRA CHARGES FOR THE
RESTORATION OF INTERRUPTED SERVICES, AND FURTHER
DIRECTING THE CITY CLERK TO -FORWARD A COPY OF
THIS RESOLUTION TO EACH MEMBER OF THE PUBLIC
SERVICE COMMISSION
Upon being seconded by Commissioner Gibson, the motion was passed
and adopted by the following vote;
AYES:
NOES: None
Vice -Mayor J. L. Plummer, Jr.
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Mayor Maurice A. Ferre
•
i 0'y 2 61979
ist
60. APPOINT NEW CITY REPRESENTATIVE TO DADE LEAGUE OF CITIES
Mayor Ferre: Plummer, are you going to move this thing here...
Mr. Plummer: Mr. Mayor, I would like to move at this time that the
new City representative to the Dade League of Cities be that great and
honorable American who is know to all mankind, who will do a fine
and ustanding job...what's his name?
Mayor Ferre:
Mr. Plummer:
Solomon.
Solomon Ferre.
Mayor Ferre: Is there a second?
Mr. Plummer: Wait a minute, you can't get a second? (LAUGHTER)
Mayor Ferre: All right, this is a motion appointing Maurice Ferre to
the Dade League of Cities...
Father Gibson: Second.
Mayor Ferre: Moved by Plummer, seconded by Gibson. Further discussion?
Call the roll.
The following motion was introduced by Commissioner Plummer, who
moved its adoption
MOTION NO, 79-818
A MOTION ELECTING AND APPOINTING MAYOR MAURICE A.
FERRE TO BE THE OFFICIAL CITY OF MIAMI
REPRESENTATIVE TO THE DADE LEAGUE OF CITIES
Upon being seconded by Commissioner Gibson, the motion was passed
and adopted, by the following vote;
AYES:
Vice -Mayor J. L. Plummer, Jr.
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Joe Carollo
198
ist
ist
61. RESCHEDULING CITY COMM9ISSION MEETING OF DECEMBER 13, 1979
TO DECEMBER 5, 1979
Mayor Ferre: All right now, the question on the future...the next
City Commission meeting will be December the 5th. Is that agreed?
Mr. Plummer: Yes.
Mayor Ferre: Is there a motion?
Mr. Plummer: In lieu of the 13th.
Mr. Lacasa: Move.
Mayor Ferre: We may as well face the issue of the 27th. I will not
be here on the 27th. Now, you can have a Commission meeting without
me, that's no problem. You want to leave.it..
Mr. Plummer: We'll send you a full report. Maurice, it's immaterial
to me.
Mayor Ferre: Fine, then you have your meeting on .the 27th.
Mr. Plummer: My only fear is I won't be Vice -Mayor at the time.
Mayor Ferre: We will not have a meeting on the 13th. We will now
have it on the 6th...I'm sorry, the 5th.
Mr Plummer: Who is the next Vice -Mayor?
Mayor Ferre: That's usually determined the first meeting in December..
Is there further discussion on the motion that the next meeting be
December the 5th? Did you get the motion?' All right, call the roll.
The following motion was introduced by Commissioner Lacasa,
moved its adoption:
MOTION NO. 79-819
A RESOLUTION RESCHEDULING THE CITY COMMISSION
MEETING OF DECEMBER 13th, 1979, TO TAKE PLACE
ON DECEMBER 5, 1979
Upon being seconded_by Commissioner Plummer, the motion was,,passed
and adopted by the following vote:
AYES:
Vice -Mayor J. L. Plummer, Jr..
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Joe Carollo
199
62. AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE A
CONTRACT WITH RICK SISSER-LEGISLATIVE LIAISON FOR THE CITY
OF MIAMI IN TALLAHASSEE
Mayor Ferre: Is there a motion that Mr. Rick Sisser be appointed our
lobbyist in Tallahassee, and the Manager to negotiate a contract and come
back the next.
Father Gibson: Move.
Mayor Ferre: Is there a second?
Mr. Plummer: Yes.
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Commissioner Gibson, who moved
its adoption:
MOTION NO. 79-820
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER
TO NEGOTIATE A CONTRACT WITH RICK SISSER AS
LEGISLATIVE LIAISON FOR THE CITY OF MIAMI IN
TALLAHASSEE
Upon being seconded by Commissioner Plummer, the motion was passed
and adopted by the following vote:
AYES: Vice -Mayor J. L. Plummer, Jr.
Commissioner Armando.Lacasa
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe'Carollo
Mayor Maurice A. Ferre
NOES: None
63. APPOINT r.IARIE PETIT AS SPECIAL ASSISTANT TO THE CITY MANAGER
ASSIGNED TO MAYOR MAURICE A. FERRE'S OFFICE
Mayor Ferre: Now, on this question of Marie Petit's contract which
is due on this meeting, the annual_ anniversary' now, should we move this
on a contract basis or should we do it as a Special Assistant, or how
do you want to do this Mr. Grassie? I don't care.
Mr. Grassie: In the past its been done as a contract but, really, I suspect
that is improper from the p4nt of view of IRS regulations. We shouldn't
have done it in the past. We probably' should put her in a regular
unclassified position.
Mayor Ferre:' All right, is there a motion then that Marie Petit be
appointed as a Special Assistant. to the City Manager, assigned to
the Mayor's office. Is that the way the title is?
200
NOV 2'61979
ist
Mr. Grassier Administrative Assistant.
Mr. Plummer: Do you concur, Mr. Mayor?
Mayor Ferre: I have no problem. You know...
Mr. Plummer: I second the motion.
Mayor Ferre: Is there any further discussion on that? All right,
call the roll.
The following motion was introduced by Commissioner Lacasa, who
moved its adoption:
MOTION NO. 79-821
A MOTION DESIGNATING MARIE PETIT TO SERVE AS SPECIAL
ASSISTANT TO THE CITY MANAGER ASSIGNED TO MAYOR.
MAURICE A. FERRE'S OFFICE
Upon being seconded by Commissioner Plummer, the motion was
passed and adopted by the following vote:
AYES:
NOES: None
Vice -Mayor J. L. Plummer, Jr.
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Commissioner. Joe Carollo
Mayor Maurice A. Ferre
64. DISCUSSION OF CITY COMMISSION VERBATIM MINUTES
Mayor Ferre: All right, we have...Plummer, I have one other thing
that I wanted to cover today. In the past, we've had verbatim....
would you excuse me for a moment Bill, because this affects Commissioner
Carollo and I want to make sure everybody is aware of this. In the
past, we've had verbatim minutes which require a tremendous amount of
work. It has been the Manager's and the Clerk's recommendation for
a long while that, we only have verbatim minutes when a Commissioner
requests it, before or after, of if the Manager requests -it, or a member
of the public, and therefore, the public would have to pay for it
if they want it. We would therefore, get minutes the way most boards'
get them, including the Board of County Commissioners and most
governmental boards. If any Commissioner, at any time, wants full
verbatim minutes, he can get them by just requesting them and then
they would be transcribed immediately.
Mr. Lacasa: I understand it is going to save the City fifty thousand
dollars. Is that right, Mr. Ongie?
Mr. Ongie: No, sir.
Mr. Plummer: I'm sorry, what's the problem?
Mr. Lacasa: I was told that this is going to save the City fifty
thousand dollars. I'm serious, that was the figure that I was told.
Mayor Ferre: So I think, in effect, what we have is anytime that you
want verbatim minutes you justorequest them and you get them: Before
or after. The tapes are always there and we would have general minutes
that we would approve without going through one hundred and fifty pages...
201
ist
NOV 2 6 1979
Mr. Plummer: How are you going to approve minutes if they are not
furnished to you?
Mayor Ferre: The same way that the Metropolitan Dade County does, and
every other board, and that is they give you the main...the main...
you know, thrust of what was discussed and what the conclusion was
on a motion made by...
Mr. Plummer: I want to hear Mr. Ongie's opinion.
Mr. Ongie: Well, we've been through this before. It's very hard to
do these kind of things by crisis and when we're asked for a
transcript of something that goes on for three or four hours, it takes
sometimes a week for somebody to transcribe that. The problem is
we have experienced transcribers, if you do it in an abbreviated
form you get into a very dangerous situation of putting words and
subjective type things, words in your mouth type situations which I...
Mayor Ferre: How does Metropolitan Dade County do it, Ralph?
Mr. Ongie: They do...they do basically, what we are doing. They do
some of the items verbatim, and they do some of the items that they
do not consider controversial, they just cut them down which is what
I've been doing.
Mayor Ferre: Well, I'll tell ou what Rather than make this in any
formal...would you study how Ft. Lauderdale, Broward County, Palm Beach,
Jacksonville, Tampa, and other major cities around the state...
Mr. Plummer: Are you recommending this?
Mr. Ongie: No,
Mayor Ferre: Well, but I am, and 'I'd like for you to look at it, would
you please?
Mr. Ongie:
Mayor Ferre:
governmental
Mr. Plummer:
Mayor Ferre:
will.
And come back and tell us how other cities and other
entities do this.
Mr. Mayor let me bring to your attention two other things.
I have one other thing that I've got, after you finish.
65. APPOINTING COMMISSIONER JOE CAROLLO TO THE RETIREMENT PLAN
BOARD
Mr. Plummer: It's very simple. I'm merely bringing to your attention.
and other members of the Commission. Mrs. Gordon also served on two
other boards that I'm very much aware of. One of them was the
Florida League of Cities and the other one which is of more immediate
attention was the Pension Board. Now, irrespective of what you want
to propose for the future, I think for the purposes of...
Mayor Ferre: Would you serve?
Mr. Plummer: No, sir. Of complying with the Charter, someone needs
to be appointed.
Mayor Ferre: Would you serve?
Mr. Lacasa: Where?
202
ist
NOV 2 G 1979
Mayor Ferre: On the Pension Board that Mrs. Gordon..
Mr. Lacasa:
Mayor Ferre: All right, so we have three that said no. Mr. Carollo,
would you serve?
Mr. Carollo:
Mayor Ferre:
Mr. Carollo:
On the Pension Board.
Well, everybody said no.
(INAUDIBLE COMMENT)
Mr. Plummer: I move that Mr. Carollo be appointed to the Chairman o
the Plan Pension Board.
Mr. Lacasa:
Second.
Mayor Ferre: There is a motion and a second. Further discussion?
Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 79-822
A MOTION ELECTING AND APPOINTING JOE CAROLLO
AS THE CHAIRMAN OF THE CITY OF MIAMI RETIREMENT
PLAN BOARD
Upon being seconded by Commissioner Lacasa, the motion was passed
and adopted by the following vote:
AYES:
NOES: - _None
ABSENT: None
ABSTAINING:
Vice -Mayor J. L. Plummer, Jr.
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Mayor Maurice A. Ferre
Commissioner Joe Carollo
66. APPOINTING COMMISSIONER ARMANDO LACASA TO THE BOARD OF DIRECTORS,'
FLORIDA LEAGUE OF CITIES-10 LARGEST CITIES
Mr. Plummer: I move that Mr. Lacasa be appointed to the Board of
Directors of the Florida League of Cities under the ten "largest cities,
Mayor Ferre:
to the Board
a second?
Mr. Carollo:
Mayor Ferre:
All right, there is a motion that Mr. Lacasa be appointed
of Directors of the Florida League of Cities. Is there
Second.
Further discussion? Call the roll.
ist
NOV 2 d 1979
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION NO. 79-823
A MOTION ELECTING AND APPOINTING ARMANDO LACASA
TO THE BOARD OF DIRECTORS OF THE'FLORIDA LEAGUE
OF CITIES
Upon being seconded by Commissioner Carollo, the motion was
passed and adopted by the following vote:
AYES:
NOES: None
Vice -Mayor J. L. Plummer, Jr.
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Mayor Maurice A. Ferre
INSTRUCT CITY MANAGER TO STUDY POSSIBILITY OF DOWNTOWN TAXING
67. TAXING DISTRICT FOR MASS TRANSPORTATION AND POLICE PROTECTION
Mayor Ferre: Mr. Plummer, we also have the question which you asked me
about earlier about the special taxing district in the downtown area.
And I'd like somebody to make a motion to instruct the Manager to fully
study this and come back by the first meeting in January so that this
matter can be fully discussed at a public hearing and put on the ballot`
for March.
Mr. Lacasa: Move.
Mr. Plummer: Second.
Mayor Ferre: I will repeat it. There is a motion made by Lacasa
seconded by Plummer, that the Manager be instructed to fully investigate,.
discuss, come back and recommend for a public hearing, the proposal
of a,special taxing district for the downtown area for the purposes of
mass -transportation and safety and police protection, as outlined in
previous discussions by the Downtown Development Authority and other
entities. And as you know, that entails going before the Metropolitan
Dade County Commission and requesting their permission to do this which.
Mr. Knox will have to do some legal work on. But we've got to do it and
have it brought to this Cornmission,no later than the first meeting
in January.
Mr. Grassie: Transit safety and...
Mayor Ferre: Mass transportation and safety period.
Mr. Grassie: No trash pickup?
Mayor Ferre: I don't think so.
Mr. Plummer: I want to make a (REST OF COMMENT INAUDIBLE AWAY FROM
THE MICROPHONE)
Mayor Ferre: You want to make trash pickup involved in that? I think
it's too complicated.in that downtown tax, district. I wouldn't make
trash pickup. That's too complicated.
Mr. Plummer: (INAUDIBLE COMMENT)
Mayor Ferrer All right, is there further...will you come back with
any other recommendations if you don't agree with this and we can
discuss it at that time. Is there further discussion on that motion?
Call the roll.
The following motion was introduced by Commissioner Lacasa, who
moved its adoption:
MOTION NO. 79-824
A MOTION INSTRUCTING THE CITY MANAGER TO INVESTIGATE
THE POSSIBILITY OF CREATING A DOWNTOWN TAXING
DISTRICT AND TO COME BACK WITH THIS RECOMMENDATIONS
SO THAT A PROPER PUBLIC HEARING MAY BE SCHEDULED
WITH THE PROPOSED TAXING DISTRICT IN THE DOWNTOWN
AREA TOWARDS GREATER SAFETY AND POLICE PROTECTION
IN THE AREA.
Upon being seconded by Commissioner Plummer, the motion was passed
and adopted by the following vote:.
AYES:
NOES: None
ADJOURNMENT
Vice -Mayor J. L. Plummer, Jr.
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Commissioner Joe Carollo
Mayor Maurice A. Ferre
There being no further business to come before the City Commission,
on motion duly made and seconded, the meeting was adjourned at 100 A.M.
ATTEST: RALPH G. ONGIE
City Clerk
MATTY HIRAI
Assistant City Clerk
•
205
MAURICE A. FERRE
Mayor
ist
ITEM NO.
DOCUMENT
INDEX
DOCUMENT IDENTIFICATION
MEETING DATE:
November 26, 1979
1 COMMISSION AGENDA AND CITY CLERK REPORT
2 AMENDING ORDINANCE NO. 6871
3 AMENDING ORDINANCE NO. 6871
4 AMENDING ORDINANCE NO. 6871
5 AMENDING ORDINANCE NO. 6871
6 AMENDING SECTION 39-13.1 OF THE CODE OF THE
CITY OF MIAMI
7 AMENDING SUBSECTION (b) OF SECTION 39-2 OF
THE CODE OF THE CITY OF MIAMI
8 AMENDING SUBSECTIONS (b),(c) AND (d) OF SEC-
TION 39-1 OF THE CODE OF THE CITY OF MIAMI
9 ESTABLISHING A FORMULA TO BE UTILIZED IN DE-
TERMINING FEES FOR SPECIALIZED INSTRUCTION
AND PROGRAMS OFFERED BY THE THE DEPARTMENT
OF LEISURE SERVICES
10 AMENDING SECTON 21-9 OF THE CODE OF THE
CITY OF MIAMI
11 AMENDING ORDINANCE NO. 8740, ADOPTED JANUARY
11, 1978
12 AMENDING SECTIONS 1 AND 5 OF ORDINANCE NO.
9000, ADOPTED OCTOBER 17, 1979
13 REPEALING ORDINANCE NO. 8994, ADOPTED OCTOBER
17, 1979
14 AMENDING CHAPTER 13 OF THE CODE OF THE CITY
OF MIAMI, ENTITLED: "DOWNTOWN DEVELOPMENT"
15 REPEALING SECTION 50-79 OF THE CODE OF THE
CITY OF MIAMI.
16 ESTABLISHING GREENS FEES FOR THE NORTH -
SOUTH GOLF TOURNAMENT TO BE HELD FEBRUARY
12 THROUGH 16, 1980, AT THE CITY OF MIAMI
COUNTRY CLUB
17 IN CONNECTION WITH THE COCONUT GROVE ARTS
FESTIVAL' ON FE3RUA_EY 15, 16 AND 17, 1930
CLOSING- ' CERTAIN STRE TS m0 THROUGH TRAFFIC
lE WAIVING COMPETITIVE BIDDING FOR THE CONTIN-
UATION OF SYSTEMATIC MAINTENANCE AND EMER-
18 GENCY'SERVICES FOR THE EXISTING INTEGRATED
PROTECTION'SYST11 AT THE CITY OF MIAMI POLICE
STATION
COMMISSION RETRIEVAL
ACTION CODE NO.
R-79-.780
R-79-782
.R-79-783`
0068
0069
0070
0071
0072
0073
0074
0075
0076
0077
0078
0079
0080
0081
0082
79-780
79-782
79-78=
TDI NO.
CU MENT'IN DEX
CONTINUED
DOCUMENT IDENTIFICATION
COMMISSION
ACTION
iirrR I EVAL
CODE NO.
19 ACCEPTING THE BID OF ROENCA CORPORATION
IN THE PROPOSED AMOUNT OF $794,985, THE
TOTAL BID OF THE PROPOSAL, FOR THE ENGLE-
WOOD SANITARY SEWER IMPROVEMENT SR-5461 R-79-784 79-784
20 CONFIRMING RDERING RESOLUTION NO. 79-688
AND 'AUTHORIZING THE CITY CLERK TO ADVERTISE
FOR SEALED BIDS FOR THE CONSTRUCTION OF R-79-786 79-786
NORTH 59TH STREET HIGHWAY IMPROVEMENT
21 CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION
OF GLENROYAL SANITARY SEWER IMPROVEMENT SR-5371-S R-79-787 79-787
22 CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION
OF GLENROYAL SANITARY IMPROVEMENT SR-5374-C R-79-788 79-788
23 CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION
OF NORTH BAYSHORE DRIVE SANITARY SEWER R-79-789 79-789
IMPROVEMENT SR-5383-C
24 CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION
OF NORTH BAYSHORE DRIVE SANITARY SEWER R-79-790 79-790
IMPROVEMENT SR-5383-S
25 AMENDING SECTIONS 10,11, AND 12 OF THE
BASIC AGREEMENT FOR. FINANCING HOUSING IN
THE CITY OF MIAMI BY AND BETWEEN DADE R-79-794 79-794
COUNTY AND THE CITY OF MIAMI.
26 REAFFIRMING THE INTENT OF THE CITY COMMIS-
SION THAT THE CITY MANAGER PROVIDE THE
NECESSARY TECHNICAL, CLERICAL AND ADMINIS-
TRATIVE SUPPORT TO THE COMMUNITY DEVELOP-
MENT ADVISORY BOARDS THROUGH THE CITIZEN R-79-796 79-796
SERVICES AND PLANNING DEPARTMENTS.
27 AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE AN AGREEMENT CONTINUING AN
OFFICE OF INTERGOVERNMENTAL COORDINATION R-79-797 79-797
28 AUTHORIZING THE CITY MANAGER TO SUBMIT
A GRANT APPLICATION TO THE BUREAU OF CRIMI-
NAL JUSTICE PLANNING AND ASSISTANCE,
DIVISION OF STATE.PLANNING, DEPARTMENT OF R-79-798 79-798
ADMINISTRATION.';
29 ACCEPTING THE BID OF JETCOAT CO. FOR FUR-
NISHING APPROXIMATELY 200,000 GALLONS OF
EMULSIFIED ASPHALT ON A CONTRACT BASIS R-79-799 79-799.
30 ACCEPTING THE BID OF JULES BROS.UNIFORMS,
INC.
31 GRANTING A ONE YEAR EXTENSION OF THE
CONDITIONAL USE AS LISTED IN ORDINANCE NO.
6871, ARTICLE XI, SECTION 1(5)(a)
32 GRANTING A ONE YEAR EXTENSION OF THE
VARIANCE FROM ORDINANCE NO. 6871, ARTICLE
XI, SECTION 5.
R-79-800 79-800
R-79-801 79-801
R-79'-802 79-802
eel
OCUMENT1NDEX
CONTINUED
;TIN NO.
33
34
ACCEPTING THE PLAT ENTITLED BULLEN SUBDIVISION
A SUBDIVISION IN THE CITY OF MIAMI
GRANTING A ONE YEAR ENTENSION OF THE CONDITION
AL USE AS LISTED IN ORDINANCE NO, 6871, ARTI-
CLE VI, SECTION 1(4-A)(a),
35 GRANTING A GOVERNMENT USE AS PER ORDINANCE NO.
6871, ARTICLE XXI -2 -GU -GOVERNMENTAL USE DIS-
TRICT, SECTION 3(1-2)
36 VACATING AND CLOSING THAT PORTION OF
JEFFERSON STREET SITUATED BETWEEN THE SOUTH
RIGHT OF WAY LINE OF WASHINGTON AVENUE AND THE
NORTH RIGHT-OF-WAY LINE OF CHARLES AVENUE
37 RECOMMENDING IN PRINCIPLE THE BISCAYNE BOULE-
VARD NORTH: ECONOMIC PLANNING STUDY, AS SHOWN
ON THE ATTACHED MAP.
38 GRANTING A CONDITIONAL USE AS LISTED IN ORDI-
NANCE NO. 6871, ARTICLE V, SECTION 1(6)(b).
39 GRANTING A ONE YEAR EXTENSION OF THE CONDITION-
AL USE AS LISTED IN ORDINANCE NO. 6871, ARTICLE
XXXI I' .
40 GRANTING A ONE YEAR EXTENSION OF THE CONDITION-
AL USE, AS LISTED IN ORDINANCE NO. 6871, ARTI-
CLE VI, SECTION 2(4-A)(a)
41 GRANTING PERMISSION TO CONSTRUCT AND OPERATE
RECREATIONAL FACILITIES AT WYNWOOD MINI -PARK,
PER ARTICLE XVIII-1 PUBLIC PARK AND RECREATION-
AL USE DISTRICT.
42 EXPRESSING THE CONCERN OF THE MEMBERS OF THE
CITY OF MIAMI CITY COMMISSION FOR THE WELFARE
AND PROTECTION OF ITS LOW-INCOME AND MINORITY
CITIZENS IN THEIR CONTRACTUAL RELATIONSHIPS
WITH FLORIDA POWER AND LIGHT COMPANY.
43 RESCHEDULING THE REGULAR CITY COMMISSION MEET-
ING OF DECEMBER 13, 1979 TO TAKE PLACE ON
DECEMBER 5, 1979. •
R-79-803
R-79-804
R-79-806
R-79-807
R-79-808
R-79-809
R-79-813
R-79-814
R-79-816
R-79-817
R-79-819
♦.
79-803
79-804
79-806
79-807
79-808
79-809
79-813
79-814
79-816
79-817
79-819.
1