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HomeMy WebLinkAboutCC 1985-05-09 MinutesCITY OF MI M1 lilt 0 COMMISSION MINUTES OF MEETING HELD ON May 9, 1985 (REGULAR) O BY THE OFFICE OF THE CITY CLERK PREPARE CITY HALL RALPI-1 G.. ONGIE CITY CLERK INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMtf FLORIDA MAY 99 1985 ITEM SUBJECT LEGISLATION PAGE NO. NO. 1 PLAWAS, PRESENTATIONS ANU SPECIAL DISCUSSION 1-2 ITEMS. 2 INSTRUCT CITY MANAGER TO MEET WITH M-85-461 2-3 CHIEF OF POLICE REGARDING NEEDS AND FUNDING REQUIREMENTS OF P.S.A. POSITIONS. 3 APPROVE FINDINGS OF SURVEY OF POTEN- R-85-462 4-9 TIAL CO -TENANTS OF PROPOSED MIAMI INTERNATIONAL BUSINESS CENTER. 5 MIAMI-DADE TRADE AND TOURISM COMMIS- DISCUSSION 9-16 SION - AUTHORIZE CONTINUED FUNDING UNTIL MAY 23RD, ETC. 6 APPROVE IN PRINCIPLE REQUEST OF M-85-464 16-19 GREATER MIAMI OPERA FOR FUNDING REQUEST OF $25,000.00 AS CONTRIBU- TION TOWARDS THEIR OPERATING COSTS. 7 APPROVE REQUEST OF DOMINICAN CULTURE M-85-465 19-22 AND HERITAGE GROUP JOSE MARTI PARK CELEBRATION RESTAURACION DE LA REPUBLICA DOMINICANA. 8 FILE LAWSUIT AGAINST SANTA MONICA, R-85-466 22-27 CALIFORNIA, POLICE CHIEF, ETC. REGARDING SENDING OF CRIMINAL TO MIAMI, REQUESTING FEDERAL LEGISLA- TION, INJUNCTION ACTION, ETC. 9 DISCUSSION ITEM: PERSONAL APPEARANCE DISCUSSION 27-30 OF ANNE MARIE ADKER REGARDING FIRST SOURCE AGREEMENT OF MINORITY PRO- CUREMENT ORDINANCE. 10 DISCUSSION: APARTHEID POLICIES OF DISCUSSION 30-38 SOUTH AFRICA H.T. SMITH REGARDING MISS UNIVERSE ETC. 11 ALLOCATE 1/3 OF $10,000. IN CONNEC- M-85-467 38-40 TION WITH LOWENBRAU EVENT COLLECTION M-85-468 OF MOVIES FEATURING BLACK ARTISTS SUBJECT TO IDENTICAL FUNDING FORM SCHOOL BOARD AND METRO. 12 ALLOCATE ADDITIONAL $6,000. TO M-85-469 41 UPGROVE THEATRE GOUP MAKING A TOTAL ALLOCATION OF $10,000. 13 EXPRESS FULL SUPPORT OF PRESIDENT R-85-470 41-42 REAGAN IN REGARD TO THE TRADE EMBAR- GO RECENTLY IMPOSED AGAINT NICARA- GUA. 14 PROCLAIM WEEK OF JUNE 30 TO JULY 4 R-85=471 42-44 AS FAITH WEEK IN THE CITY OF MIAMI- WAIVE FEE FOR MARINE STADIUM. 15 GRANT REQUEST OF DOWNTOWN MERCHANTS M-85-472 44 ASSOCIATION FOR DOWNTOWN SIDEWALK SALE MAY 119 FROM 9 TO 6 PM. 16 DISCUSSION: SCHEDULE FUNDING OF DISCUSSION 45 D.D.A FOR NEXT MEETING MANAGER TO FURNISH COPY TO PROMOTERS OF FESTI- VALS REGARDING NEW CITY POLICY OF FUNDING. 17 MAYOR READS LETTER CONCERNING PLIGHT DISCUSSION 45 OF COMMERCIAL FISHERMEN PRESENTLY LOCATED IN AREA OF BAYSIDE CONSTRUC- TION. 18 ALLOCATE $509000 TO THEODORE R-85-473 45-46 ROOSEVELT GIBSON MEMORIAL FUND UNITY AND COMMUNICATIONS CENTER. 19 APPROVE SIDEWALK ART SHOW: COCONUT R-85-474 48 GROVE ARTISTS GROUP SELECTED DATED IN MAY, JULY AND AUGUST 1985. 20 ACCEPT BID AND NEGOTIATE LEASE OF R-85-475 48 CENTRUST REALTY COMPANY LEASE GROUND FLOOR RETAIL SPACE IN MIAMI CONVEN- TION CENTER PARKING GARAGE. 21 APPOINT MEMBERS TO THE STATUS OF R-85-476 49-51 WOMEN COMMISSION; PROVIDE FOR STAFF PERSON, OFFICE SUPPLIES, BUDGET, ETC. 22 DEFER CONSIDERATION OF SELECTION OF R-85-478 55-63 DEVELOPER FOR SITE 37 PARK M-85-477 WEST/OVERTOWN UNTIL SITE FOR HOTEL BEING DEVELOPED BY NEW WASHINGTON HEIGHTS IS RESOLVED 6 MONTH TIME FRAME ETC. 23 DISCUSSION: TELEPHONE CALL FROM DISCUSSION 64 SENATOR PEPPER. 24 ALLOCATE $45,000 TO COVER NECESSARY R-85-479 64-66 EXPENSES OF POLICE OVERTOWN ATHLETIC PROGRAM. 25 ACCEPT COMPLETED WORK-LYNWOOD SANI- R-85-480 66-67 TARY SEWER IMPROVEMENT SR-5487 C&S PLUS ADDITIVE BIDS "E" AND "F. 26 CONFIRM PRELIMINARY ASSESSMENT R-85-481 67-68 ROLLS: KOUBEK SANITARY SEWER IM- PROVEMENT SR-5477-C. 27 CONFIRM PRELIMINARY ASSESSMENTS R-85-482 68-69 ROLLS: KOUBEK SANITARY SEWER IM- PROVEMENT SR-5477-S. 28 ALLOCATE $29000 IN SUPPORT OF R-85-483 69-71 TRINIDAD AND TOBAGO FOR CARIBBEAN CULTURAL PROGRAM-GUSMAN CULTURAL CENTER MAY 24. 29 ALLOCATE $12,000 IN CONNECTION WITH R-85-484 71 HOLDING OF "CARICOM CONFERENCE" WITH CONDITIONS. 30 ALLOCATE $7,000 IN SUPPORT OF ASSO- R-85-485 71 CIATION OF LATIN AMERICAN ART AND CULTURA IN COCONUT GROVE EXHIBITION CENTER FOR EVENT MAY 24=261 1985• 31 AMEND CONTRACT AGREEMENT WITH SMALL R-85-486 72 BUSINESS OPPORTUNITY CENTER INC. FROM $3796750 TO $46,000 CONTINUING NEIGHBORHOOD ECONOMIC DEVELOPMENT PROGRAM IN LITTLE HAVANA COMMERCIAL DISTRICT. 32 ALLOCATE $7,270 IN SUPPORT OF "SEND R-85-487 73 A KID TO CAMP PROGRAM". 33 DISCUSSION OF LUMMUS PARK. DISCUSSION 74 34 PROCEED WITH PREPARATION OF R.F.P. M-85-488 74-76 IN CONNECTION WITH UNIFIED DEVELOP- MENT PROGRAM FOR REDEVELOPMENT OF OLYMPIA BUILDING; APPROVE MEMBERS OF SELECTION COMMITTEE, EXTERNAL AUDI- TORS. 35 ESTABLISH POLICY IN CONNECTION WITH M-85-489 76-83 MIAMI CENTER I DEVELOPMENT THAT NO PERMANENT CERTIFICATE OF OCCUPANCY SHALL BE ISSUED UNTIL JUNE 13, 1985, PENDING FURTHER ACTION. 36 ACCEPT ADMINISTRATIONS'S RECOMMEN- M-85-490 83-84 DCTION FOR ACQUISITION OF HIGHLAND M-85-491 PARK SITE FOR AFFORDABLE HOUSING AND INSTRUCT MANAGER TO ASSEMBLE STATIS- TICAL INFORMATION REGARDING ACQUISI- TION OF THE P.B.A. SITE 37 GRANT PARADE PERMIT: GAY PRIDE R-85-492 86-91 COMMITTEE JUNE 30, 1985 COCONUT GROVE UPON PAYMENT OF EXPENSES I14 ADVANCE, ETC. 38 CONSENT AGENDA 91 38.1 ACCEPT COMPLETED WORK: GREEN'S POOL R-85-493 91 SERVICE - FOR EDISON POOL. 38.2 RESOLUTION ALLOCATING $100,000 C.D. R-85-494 92 BLOCK GRANT FUNDS FOR THE PURPOSE OF IMPLEMENTING THE LATIN QUARTER COMPREHENSIVE FACADE TREATMENT PROGRAM 38.3 AUTHORIZING RESOLUTION:ISSUANCE OF R-85-495 91 WASTE COLLECTION LICENSE-WILLIAM JOHNSON, D/B/A/ WORLD SANITATION. 38.4 AUTHTHORIZING RESOLUTION. PURCHASE R-85-496 92 COMPUTER EQUIPMENT FROM THE BURROUGHS CORPORATION UNDER AN EXISTING STATE OF FLORIDA CONTRACT. 38.5 DEED ACCEPTANCE. EIGHT (8) DEEDS OF R-85-497 92 DEDICATION FOR HIGHWAY PURPOSES. 38.6 AUTHORIZING THE EXECUTION AND DELIV- R-85-498 92 ERY OF CERTAIN CITY OF MIAMI, FLORI- DA, HOUSING BONDS, OF 1984 38.7 ALLOCATING AN AMOUNT NOT TO EXCEED R-85-499 $10,000 IN SUPPORT OF THE FIRST ANNUAL PROFESSIONAL FOOTBALL PLAYERS CHARITY BASKETBALL TOURNAMENT. 38.8 A RESOLUTION CORRECTING SCRIVENER'S R-85-500 ERROR AMENDING RESOLUTION NO. 85— 280, ADOPTED MARCH 21, 1985. 38.9 A RESOLUTION ACCEPTING THE BID OF R-85-501 HECTOR TURF, INC. FOR FURNISHING ONE (1) GREENS AERATOR FOR DEPART- MENT OF PARKS AND RECREATION ($6,311.50) 38.10 A RESOLUTION. ALLOCATING AN AMOUNT 9-85-502 NOT TO EXCEED $81,846 FROM SPECIAL PROGRAMS AND ACCOUNTS, QUALITY OF LIFE FUND, TO THE DEPARTMENT OF PARKS AND RECREATION FOR THE VIR— GINIA BEACH FAMILY SPLASHDOWN DISCO 185 SERIES. 92 93 39 EMERGENCY ORDINANCE. ESTABLISH NEW ORD. 9990 93.1-94 REVENUE FUND SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM 1985 JPTA II—B. 40 SECOND READING ORDINANCE. AMEND SUM— ORD. 9991 95 MARY GRANT APPROPRIATIONS NEW T & A FUND COMMUNITY DEVELOPMENT BLOCK GRANT 11TH YEAR APPROPIATING $14p40,000. 41 FIRST READING ORDINANCE. AMEND ANNUAL 1ST READING 96 APPROPRIATIONS ORDINANCE APPROPRIATE $784,952 FOR MISCELLANEOUS PURPOSES. 42 AUTHORIZE AGREEMENT, CRAMER, HABER R-85-503 96-97 AND LUKIS P.C. PROFESSIONAL CONSULT— ANT SERVICES —FEDERAL LEGISLATION AS IT IMPACTS THE CITY OF MIAMI. 43 MANAGER TO PROVIDE BREAKDOWN OF M-85-504 97-102 EXPENSES OF WATSON ISLAND WITH PRO— R-85-505 VISIONS AUTHORIZE AGREEMENT WITH TOUCHE—ROSS C.P.A. TO EVALUATE PRO— POSALS FOR UNIFIED DEVELOPMENT PRO— JECT WATSON ISLAND. 44 AUTHORIZE CONTRACT: E.P. IACONIS R-85-506 103 CPA TO ASSIST IN PREPARATION OF DOCUMENTS -DISPOSITION AGREEMENTS SELECTED DEVELOPERS SOUTHEAST PARK WEST OVERTOWN PROJECT. 45 ACCEPT APPRAISAL PROPOSALS: SLACK, R-85-507 103-104 SLACK, AND ROE INC. MAI APPRAISERS — FAIR MARKET VALUE OF BLOCKS 2 & 4 DUPONT PLAZA. 46 AUTHORIZE CONTRACT: FINANCIAL SYS— R-85-508 104-105 TEMS ASSOCIATES INC. DESIGN SPECIFI— CATIONS TO IMPROVE CITY FINANCIAL ACCOUNTING SYSTEM. 47 EXECUTE AGREEMENT: ALLOCATE $25,950 R-85-509 105 FOR ANNUAL CITY OF MIAMI YOUTH BASE— BALL WORLD SERIES. 48 DISCUSSION ITEM: DEFER PROPOSAL DISCUSSION 106 ACCEPTANCE OF A $200,000 STATE OF FLORIDA GRANT TO THE CITY. It I 49 DISCUSSION OF CONTRACT WITH MS. � SARAH EATON. COMMISSION WANTS HER AS A FULL TIME CITY EMPLOYEE. 50 AUTHORIZE SALE OF SURPLUS FILL: VIRGINIA KEY. 51 AUTHORIZE AMENDMENT TO AGREEMENT: MANUEL G. VERA AND ASSOCIATES SUR- VEYING SERVICES IN CONJUNCTION WITH CITY CONTRACTED PROJECT. i 52 AUTHORIZE AMENDMENT TO AGREEMENT: CAMPANILE AND ASSOCIATES INC.SURVEY- ING SERVICES IN CONJUNCTION WITH 7 CITY CONTRACTED PROJECT. i 53 DISCUSSION AND DEFERRAL: PROPOSED MENDMENT TO AGREEMENT SCHWEBKE- SHISHKIN AND ASSOCIATES INC. SUR- VEYING SERVICES. i 54 FORMALIZING RESOLUTION: ALLOCATE $15,000 TO FLORIDA HOUSING COOPERA- TIVE INC. FOR *FLORIDA COOPERATIVE-- HOUSING FORUM". 55 AWARD BID: CLEANING ASSOCIATION FOR CUSTODIAL SERVICES AT MANUEL ARTIME COMMUNITY CENTER FOR 1-YEAR. 56 LONG DISCUSSION AND PUBLIC HEARING: PROPOSED EXECUTIVE MAYOR FORM OF GOVERNMENT AND EXPANSION OF COM- ;:'>: MISSION DEFERRED TO MAY 23RD. 57 AWARD BID: REAGAN EQUIPMENT CO. ".� FOR INSTALLING EMERGENCY GENERATOR hml SET TO DEPT. OF BUILDING AND VEHICLE MAINTENANCE. 58 AWARD BID: HEWLETT PACKARD CO. - MICROWAVE SIGNAL GENERATOR, ETC. 59 AWARD BID: INFOTRON SYSTEM CORP.- THREE (3) COMMUNICATION NERWORK r" CONCENTRATORS. 3 60 LONG PUBLIC HEARING COUNCERNING DISPOSITION OF PUBLIC LIBRARY BUILD- ING LOCATED IN BAYFRONT PARK. (A) PROCEED WITH IMPLEMENTATION OF BAY - FRONT PARK REDEVELOPMENT -NO DECISION ON LIBRARY PENDING MONIES, ETC. (B) PREPA- RE BOND ISSUE FOR PUBLIC VOTE ON ANTICIPATED SHORTFALL TO COMPLETE REDEVELOPMENT OF BAYFRONT. �! 61 ESTABLISH BAYSIDE SPECIALTY CENTER- APPROPRIATE $1.998,000.00. 62 DISCUSSION OF POSSIBLE FUNDING FROM & PRIVATE SECTOR FOR BAYFRONT PARK 63 REDEVELOPMENT PROJECT AND DISPOSI- CION OF LIBRARY BUILDING. 64 FIRST READING ORDINANCE: ATLAS CHAN- GE FROM RS-2/2 TO R01/5 AREA GENE- RALLY BOUNDED BY I-95 METRORAIL i R.O.W. S.W. 17 RD. S.W. 2 AVE. ETC. DISCUSSION 108 R-85-510 109 R-85-511 110 R-85-512 111 R-85-113 112 R-85-513 113 R-85-514 113-114 M-85-515 114-136 R-85-516 136-137 R-85-517 137-138 R-85-518 138 R-85-519 139-185 M-85-520 ORD. 9992 185-187 DISCUSSION 187-196 1ST READING 196 65 FIRST READING ORDINANCE. ORD. 9500 ATLAS CHANGE FROM RS2/2 TO R03/5 AREA AT APPROXIMATELY 1600 S.W. 2ND AVE- NUE. 66 FIRST READING ORDINANCE: ORD. 9500 ATLAS CHANGE FROM RG2/5 TO 903/5 IN AREA GENERALLY BOUNDED BY S.W. 2ND COURT, S.W. 15TH ROAD, S.W. 1SRT AVENUE AND A LINE PARALLEL TO AND APPROXIMATELY 115-150 FT. S.W. OF S.W. 15TH ROAD. 67 FIRST READING ORDINANCE: ORD. 9500 ATLAS CHANGE FROM RG2/5 IN AREA GENERALLY BOUNDED BY S.W. 2ND AVE. S.W. 17TH ROAD, S.W. 1 AVE. AND A LINE PARALLEL TO AND APPROXIMATELY 390 FOOT N.E. OF S.W. 17 ROAD. 1ST READING 198-199 1ST READING 198-199 1ST READING 199-200 68 ALLOCATE $15,500 IN SUPPORT OF "MIA- R-85-521 MI -DARE TRADE AND TOURIST COMMISSION" TO ALLOW THEM TO OPERATE PENDING OUTSTANDING AUDIT. 69 CLAIM SETTLEMENT: JOHN PEL ELLIS- $50,000. 70 BRIEF DISCUSSION ITEM: ADMINISTRA- TION INFORMS THE COMMISSION THAT THE U.S.S.R. WILL NOT SEND PARTICI- PANTS TO THIS YEAR XXVIII C.O.T.A. L. WORLD CONGRESS IN MIAMI. 71 RESOLUTION ALLOWING DISPLAY OF FI- REWORKS IN MIAMI. 200 R-85-522 200 DISCUSSION 201 R-85-523 201 72 BRIEF COMMENTS REGARDING PROPOSED DISCUSSION 202 STRICT REGULATION AND ENFORCEMENT OF LAWS REGARDING "CRUISING". (DE- FERRED). 73 RESOLUTION EXPRESSING FULL SUPPORT R-85-524 OF ANTI -COMMUNIST POSITION PRESENTED BY ERNESTO DE LA FE IN THE "PRIMERA DEMOCRACIA CONTINENTAL COMBATIENTE CONFERENCE", HELD IN SAN SALVADOR. 74 BRIEF COMMENT: COMMISSIONER PEREZ DISCUSSION 203 CONVEYS TO ADMINISTRATION COMPLAINTS RECEIVED FROM CITY RESIDENTS RE. HALF BALLS WHICH ARE PLACED ON LAWNS TO AVOID IMPROPER PARKING DEFERRED. 75 BRIEF COMMENT: REGARING NECESSARY DISCUSSION 203 ADVERTISING OF TWO VACANCIES PRESEN- TLY EXISTING IN THE CIVIL SERVICE BOARD. MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 9th day of May, 1985, 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 tn order at 9:10 O'Clock A.M. by Mayor Maurice A. Ferre with the following members hf the Commission found tm be present: Commissioner Demetrin Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo ** Mayor Maurice A. Ferre * arrived 9:14 A.M. ** arrived 9:39 A.M. ALSO PRESENT: Sergio Pereira, City Manager Lucia Allen Dougherty, City Attorney Ralph G. Ongie, City Clerk Matty Hirai, Assistant City Clerk An invocation was delivered by Mayor Ferre who then led those present in a pledge of allegiance to the flag. ---------------- -------------------------- ------------------ 1. PLAQUES, PRESENTATIONS AND SPECIAL ITEMS. --- - - - ------------------- - - - - - ---------------------- - - - ----- PROCLAMATION: Dia de Rita Monaner (In Memoriam). Presented to Rolando Fernan ez Montaner. PROCLAMATION: Older Americans Month. Presented tn Dorothy Quintana. PROCLAMATION: Harmnny Month. Presented tn Mr. Bert Warshaw and the Barbershop uar e . SCROLL: Presented to Mayor Maurice A. Ferre by Amigos de S.E.R. PROCLAMATION: To Adrianne Johnson, recently selected 111985 Miss Collegiate Black America". COMMENDATION: To Officer William Clayton, Officer of the Month for March, PROCLAMATION: Crime Prevention Month. Presented to Sandra Andrews, Urban League. COMMENDATIONS: To those individuals participating in the Urban League's Crime Awareness Poster Contest. COMMENDATION: May 12 through 18, 1985 - Historic Preservation Week. Presented to Don Slesnick. ld 1 May 9, 1985 ft PROCLAMATION: Creative Crime:P_revention_ Day.. Presented to Chief Clarence Dickson. COMMENDATIONS: To the students participating in the ., Creative Crime Prevention Project. s PROCLAMATION: Pia del Reverendo VictorioGarcia-Sarbon. COMMENDATIONS: To the Miami Police Officers who participated in the Street Narcotics nit S pr�ram� i `% rrrrrYl..rrrrrrrrrrrrrr am —rrrr+rrrrrrrrrr--rrrrrrr�.rrrrrrrrrrrr�r- 2. INSTRUCT CITY MANAGER TO MEET WITH CHIEF OF POLICE REGARDING NEEDS AND FUNDING REQUIREMENTS OF P.S.A. POSITIONS. rrrr--rrrrrr r r r—rr— r r r— r rrrrrrrrr--rrr rrrr — r--- r r rrrr—r r—�—r Mayr+r Ferre: Chief, while we have you here and before you leave, would you go to the microphone for a moment. Commissioners Carollo and Plummer, particularly over the years has shown a tremendous dedication towards and en ncern for the problems that afflict this community dealing with crime and support of the Police Department. I want to take this opportunity to congratulate you, commend you for the job that you have done - you and your men and women in uniform and ask you if there is anything at this particular time that this City of Miami Commission can do, that we have not done and needs to be done in support. I understand that the statistics and crime, not only in the City of Miami, but in Dade County and Florida and all over the nation seem to be shooting up this last couple of months and I just want to make sure that we have done everything we can without our power of what you are trying to do. Chief Dickson: Thank you, Mr. Mayor and Commissioners. As a matter of fact, crime is on the increase throughout Dade County and in my own concern for the City of Miami, and recently we did a study which shows each of our patrol officers on the street have about 18 minutes of each hour to do preventive kind of patrol work. This is includes time for rest and to do other things. 18 minutes of each hour during the day that he works is not quite enough to do preventive kinds of patrols of those things that prevent crimes. What we need right now, sir, is the aid of additional public service aides. Public service aides would reduce the amount of time that a police officer has to spend on reports and other non -emergency or non -emergency type crime situations. The public service aides - as a matter of fact, in 1980, we asked for a hundred P.S.A.'s and we have maxed out at about 60. We never achieved the original request. That would help us tremendously, if we could, in fact, get some help to achieve that number. Mayor Ferre: Well, Chief, are you talking about doing that immediately, or for the next budget year, because I think from what I am hearing, that we need this yesterday, and I don't know how the rest of my colleagues feel, but if someone will make a motion in support, I would certainly encourage it, vote for it. I think we need to support you in every request. Crime is a serious business and we have got to confront it head on and that is the number one problem and the number one need in this community. Mr. Dawkins: Mr. Mayor I make a motion that we give the City Manager directions to work with the Police Chief and determine what is needed, cost of that, and how we can do it immediately. —}' ld 2 May 9, 1985 Mayor Ferre: All right, is there a second? Mr. Caroller: Second. Mayor Ferre: All right, as I understand the intent of the motion is that we instructing the Administration to proceed immediately in complying with that request so that we relieve police officers to do more direct field work. Yes sir, Mr. Manager? Mr. Pereira: Mr. Mayor, I have been dealing with the Police Chief and we have talked abnut this particular problem. In trying to address it in the next budget year, I would request that at least you give as the flexibility to see how much we can accommodate within this budget year and that there might be a residual that will implement this and start our next budget year. Mr. Dawkins: Mr. Manager, the only problem I have with that is, when people come up here for social programs aril festivals and such, we find the money. That means that we will not be able to fund any more festivals or what have you and provide police to make the streets safe, sir, I would hope that we would do that. I am not asking ynu to operate at a deficit, because we can't, but if you can show me where I could not fund any more festivals, or if I cannnt give out any more patronage, and I must fund policemen, I would take that rnad, sir. Mr. Pereida: All I am asking is for the flexibility to work within and come back to you with the implementation. Mr. Dawkins: I think the Mayer will give you that, sir. Mayor Ferre: I think that is implicit in the motion. Mr. Pereira: Thank you. Mayor Ferre: Are we ready to vote nn this ,notion, now? All right, call the roll, please. The following motion was introduced by Commissioner Dawkins, who mn✓ed its adoption: MOTION NO. 85-461 A MOTION DIREC'fiNG 'THE CITY MANAGER TO MEET WITH THE CHIEF OF POLICE TO DETERMINE THE COST TO THE CITY OF IMPLEMENTING ADDITIONAL P.S.A. POSITIONS, AS MORE FULLY OUTLINED BY THE, CHIEF OF POLICE ON THIS DATE. Upon being seennded by Commissioner Carollo, the motion was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Jrwe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. ---------------------------- -------------------------------- ld 3 May 9, 1985 3. APPROVE FINDINGS OF SURVEY OF POTENTIAL CO -TENANTS OF PROPOSED MIAMI INTERNATIONAL BUSINESS CENTER. Mayor Ferre: Mr. Landy, if you would step forward. This is Item 39• Mr. Burton Landy: Thank you, Mr. Mayor and Commissioners. I have the honor of chairing the Miami International Trade and Development Committee, you will recall, is a committee of volunteers of principally business leaders in the International Sector, who are working together with the Department of Economic Development in developing this strategic plan for international business development for the City for the next five years. Perhaps the mist important part nf our strategy, which we will be presenting to this Commission next month, is the creation of the International Business Center in Miami. In October of 1984, this Commission did support in principle the creation of the International Business Center and we are now at a point where we want to begin implementing it and we are here today to ask for two things - one is for a resolution to authorize the commencement of lease negotiations to find the mast appropriate location, and secondly, to enter into a professional services contract with Rick Geraghty, to help in the organization and implementation stages. We have, through a sub -committee, conducted a survey to find out who would be the potential users and occupants of this International Business Center and we have identified in addition to the Economic Department of the City - the International Business Center, the Florida International Bankers Association, Florida Exporters and Importers Association. We think a number of the bi-national Chambers of Commerce, the Foreign Trade promotion offices and a number of organizations will locate so that we can have a truly one -stop international center - a world trade center concept that we think will attract a number of other organizations to help have a professional coordination of international business development efforts from the single central location. Incidentally, as you know, the Beacon Council is undergoing its final deliberations for an economic development plan for the entire county, and I am confident that on Saturday the Beacon Council will endorse this concept as the International Business Center, so I am asking at this time of the Commission that you authorize the sub -committee to commence lease negotiations, to locate the most appropriate location within the City for locating the International Business Center and also to engage in a professional services contract with Mr. Geraghty. Mr.Geraghty, it is very fortunate to have available to us, is quite familiar with the project and has worked on this project from its inception, and we think ... Mayor Ferre: Is Mr. Geraghty here? Mr. Landy: Yes, he is. Rick? Mayor Ferre: Mr. Geraghty, okay. Now, as I understand this professional contract with Mr. Geraghty is for what period of time? Mr. Landy: Approximately three or four months, and it is for a maximum of $13,000. Mayor Ferre: Mr. Manager, this has your recommendation? Mr. Pereira: Yes, it does. Mayor Ferre: Any questions? ld 4 May 9, 1985 Mr. Plummer: Approximately now many square feet are you going to be looking for? Mr. Landy: We think we have identified a core tenant of about 200000 square feet. We would like to have the ability to expand, because we do believe that once the center gets started, it will attract many other tenants, so we hope that the location that we finally wind up with will have space available for expansion so that other organizations can come and locate there, but initially about 209000. Mr. Dawkins: Mr. Mayor, would I be in order if I were te) suggest to the Manager that we attempt to utilize the Dupont Plaza, in It' h-at the Dupnnt Plaza is one of the few hotels who have stuck by us and it is down there struggling in these times of short dollars. We have also hindered its income and revenue by tearing up the roads which the City of Miami did for the betterment of the City of Miami and I think that I have never known any of us to go to the Dupont Plaza and ask for something that would benefit the City that we did not get it. And I would just like to know if I would be in order if we suggest it to the Manager that they try to attempt to find some spjue in the Dupnnt Plaza. Mayr w Ferre: I think that would be fine. I don't think we can give them an order, but we can certainly recommend that they seriously give it serious consideration. Mr. Pereira: We will give it serious consideration to that site. Mr. Dawkins: T}han',c y-lo, Mr. Mayor. Mr. Plum.ner: Let me just ask a question - Sergio or Burton, I think that maybe one of the things that you might want to do - the University of Miami is not using, has net used their space in the convention center. Why couldn't you try to strike a deal with them, because that space is just going for naught at this present time and possibly we could get a good deal from them from $1.00 up, and i (:,-iulJn't think of a better location for you to be, so at least I think you should try to ... Mr. Landy: Cnmmissinner Plummer, I might assure the Mayor and all the Commissioners that we are not excluding any site, really in the City of Miami. There has been a preliminary survey and they have looked intn the Knight Center. There is a question of having suffi,:i,-.nt space therti. There might be enough space for a few offices, but not of what we understand to accommodate the great amount of space that we think this will take eventually. No space has been selected yet and no space will be excluded. We will definitely look at, I am sure, the Dupont Plaza and the Knight Center again, but we do want to move forward on this project, because we think `he dining is right and we will come back with what we feel will. be the best recommendation. Mayor Ferre: All right, any other questions on Item 39? Mr. Perez: Mr. Landy, what kind of participatinn :in we expect from the County government? Mr. Landy: Well, that is a very interesting question, Commissioner. I had a meeting with a Merritt Stierheim and Ted Hepner, who are co-chairs of the Beacon Council to tell them about this program and they are very enthusiastic about it, and suggested that various agencies of the County might also look at the Center, including specifically the seaport and the airport, sn I think that once we get this moving ld 5 May 9, 1985 along, and if the Beacon Cnun,:11 enle%rses this strategy which I am confident tt will, I think we can look for County participation as well. Mayor Ferre: Well, let me just say, Burton, on behalf of all e�f us, h-14 very proud we are of the work that you as Chairman, and all of your committee - I don't think there is a mare distinguished panel of citizens in the committee you have and I think the hours and months of work that you have put in is going to pay off. Certainly there is nobody in this community mire international than yourself. We are very fortunate to have a distinguished son of Korea, Hong Kong, of many other places around the world, take this kind of an interest in showing civic leadership. We are indeed fortunate, so I don't know if there are any other questions, but I am ready to take a motion if somebody wants to move it. Mr. Perez: I would like, Mr. Mayor, to first recognize the efforts and contributions personally of Mr. Burton Landy for a long time to this community and for this subcommittee and I think we have to be proud of the record that they have established here. I would like to move this motion to authorize the sub -committee. Mayor Ferre: Is there a second on Item 39? Mr. Dawkins: Second. The following resolution was introduced by Commissioner Perez, who moved its adoption: RESOLUTION NO. 85-462 A RESOLUTION RECOMMENDING THAT THE CITY COMMISSION APPROVE THE FINDINGS OF A SURVEY OF POTENTIAL CO -TENANTS IN THE PROPOSED MIAMI INTERNATIONAL BUSINESS CENTER AND OF AVAILABLE OFFICE SPACE IN MIAMI AND AUTHORIZING THE CITY OF MIAMI INTERNATIONAL TRADE AND DEVELOPMENT COMMITTEE'S INTERNATIONAL BUSINESS CENTER SUB -COMMITTEE TO COMMENCE LEASE NEGOTIATIONS ON BEHALF OF THE CITY OF MIAMI AND TO RECOMMEND TO THE CITY COMMISSION THE MOST APPROPRIATE SITE LOCATION AND ATTENDANT LEASE FOR MIAMI'S "INTERNATIONAL BUSINESS CENTER" AND FURTHER AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES CONTRACT, IN A FORM ACCEPTABLE T THE CITY ATTORNEY, IN AN AMOUNT NOT TO EXCEED $139000 WITH RICHARD B. GERAGHTY WHO WILL BE RESPONSIBLE FOR SUPERVISING AND MANAGING THE DEVELOPMENT OF MIAMI'S INTERNATIONAL BUSINESS CENTER THROUGH THE INITIAL PLANNING AND ORGANIZATIONAL STAGES TO THE POINT OF IMPLEMENTATION AND OPERATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. }` ld 6 May 9, 1985 ABSENT: Commissioner J. L. Plummer, Jr. Mayer Ferre: Now, Burton, before you leave, 1 see that Mr. March Davonport from the development office of Hong Kong, the commercial office of Hong Kong is here, and 1 would like to take the opportunity - I understand that you on behalf of the Chamber of Commerce lead an initiative trip to Korea and Hong Kong, which was very successful. I might point out to the Commission that last year, two years ago, the government of Hong Kong established an office here in Miami. The office of Hong Kong was established so as to further the commercial interests of Hong Kong and Miami. Last year Mr. March Davenport hosted a party here for his boss, Mr. Dunning, who came from Hong Kong with his staff. At that party (I was invited and I went to see Mr. Dunning) he told me that of the 20 offices that the government of Hong Kong had open around the world, the one that was producing the least was Miami, that they were very surprised as to how little movement there had been here, and that we needed to address it immediately. The Chamber of Commerce did that. The City of Miami immediately started looking into the possibilities - to put it into perspective, the best example of the free enterprise system in the world is Hong Kong, where there are no taxes, there are no regulations, and it does 43 billion dollars worth of business in one year, of trade in a city of less than 69000,000. It is without a question, a major, major economic center for the world, and certainly is one of interest to Miami. We started well aver a year ago the planning of a commercial trip to Hong Kong. I didn't like what the Herald put in the headlines. We didn't want it to be a junket. We wanted it to be an effective working trip, not because Houston and Dallas and San Antonin and a 150 other American cities that have had these trips to Hong Kong and Miami has not, but because there are a lot of people in Miami that are now doing business in Hong Kong. There are at least a dozen Cuban Americans and American business people that are doing substantial amounts of business with Hong Kong and I thought that the way for us to make some substantial impact is to use them as the vehicle to open the doors for us. We have now asked them to join us and there are close to a dozen who have either committed or ... a dozen Miamians who have agreed to take this trip to Hong Kong for the City of Miami and I would like at this point, Charlotte, if you would address the issue and Burton, if you could just stay for another minute and see if we have any questions. Ms. Charlotte Gallogly: Following up on a comment that Mr. Landy said in developing the City strategic plan for international trade, one of the major priorities that is coming forward is the need to diversify the market and a proposal that will be coming before you in June is that we do that by taking a limited number, but a series of high profile trade missions to Asia and to Europe in an effort to open those markets to Miami so that we are not solely -_ dependent upon the Central American, South American, Carribean market. This specific missinn that we have been working with the Hong Kong Trade Development Council on has -- four major objective. First tn inaugurate the series of high -profile missions and these missions are buying and selling missions. We are actually taking traders with us and importers and exporters. Second, to communicate to the Hong Kong business community, Miami's financial business interest that they are very similar; third to establish an awareness ih Miami of the opportunities that those markets provide. As a matter of fact, as a result of that article, I received a number of phone calls in the office yesterday from people in the import, export business interested in learning more about the trip because they have not gotten ld 7 May 99 1985 into that market yet and they are looking for a means to do so. The fourth thing would be to increase the local awareness of the important economic benefits that can accrue to the business community here through opening up what we call "non-traditional markets". Those are essentially the core objectives. All the people that are going at this point are primarily manufacturing firms and import and export firms, and we estimate that these firms that are currently are doing about a quarter billion dollars through the Hong Kong community. Mayor Ferre: How much did you say? Ms. Gallogly: About a quarter of a billion dollars, and I think that is conservative. One of the things that we are going to do ... Mayor Ferre: A quarter of a billion - $250,000,000 that Miami does with Hong Kong? Ms. Gallogly: Yes. We hope to get a more precise number as we solidify the number of people who are going. We are going to be asking them a series of questions about the nature of that trade. These are large companies and are very important to the Miami economy. In addition, we will be arranging for Mayor Ferre and members of the delegation to meet with what we consider to be the most important business and government leaders in Hong Kong. Those are obviously the U. S. Consul General, the Chairman of the Urban Consul, which is Chairman of their government, directors of the Department of Trade, the American Chamber of Commerce, the Hong Kong Tourist Association and a variety of Hong Kong Trade manufacturers that we can talk about opening up trade opportunities with them. Essentially that is the focus of this mission. Mayor Ferre: I might point out that all of this began with Mr. Dunning's trip here to Miami and his complaint that Miami wasn't doing enough business with Hong Kong. f Strangely enough, I mentioned it to a Cuban American by the name of Turner, and Mr. Turner, who is a major trader here j in this community, and then I mentioned it to George Feldencrist and Able Holtz and to Ted Hallo and to other people that do have offices and do businesses in Hong Kong and they were very encouraging. They said absolutely. Our focus is unlike Burton's trip, which was a generalized type of a thing with Chamber of Commerce people and attorneys and real estate people. We wanted to kind of focus on people that are buying and selling in Hong Kong, so what we have is perhaps as many as a dozen business people who do major business in Hong Kong and the target date is June 28th? Ms. Gallogly: 27th through July 4th - driving back to Miami on the 4th. Mayor Ferre: Do we need any action at this time? Ms. Gallogly: No, this is placed on the agenda to inform the Commission about it and to determine what their f particular interest is in participating in the trip. Mayor Ferre: Mr. Davenport, we are grateful for your presence here. Why don't you step forward - if there is anything you want to add in your comments, or your opinions as to whether this is an important contribution or development. Mr. March Davenport: Thank you, I am March Davenport, the Hong Kong Trade Development Council representative. As Mayor Ferre said, we opened our office two years ago here in ld 0 May 9, 1985 (Mr. Davenport. Cont'd): Miami to promote the trade between Hong Kong and South Florida. I would like to clarify one paint. We are as much interested in having the goods and services manufactured and sold here in South Florida sold to Hong Kong as we are in promoting trade from Hong Kong to Miami. Our offices afford a two-way trade which is probably unique among all foreign government trade organixatinns. We are very pleased to be supporting this initiative. We are doing all we can. We have got a very good response from the public sector and the private sector so far. This will be a self sustaining mission. The members of the private sector members going will be going at their own expense. The American flag carrier, Pan American will be the carrier. We are very pleased to be working with the Mayor's office and with Ms. Gallogly's office and establishing high level appointments with counterparts in Hong Kong and the tourism sectors, in immigratimn sectors, in a variety of sectors which are important in Miami as well in Hong Kong. There is a great deal of similarity to Hong Kong and Miami. Both are financial sectors. Both are heavily dependent on international trade and commerce. They are both largely dependent on our seaport and airport for the high level economic activity we have. In both tourism destinations and both Senate trip destinations we have the same sorts of problems in working in large elements of displaced persons into our economy. In the case of the British Crown Colony of Hong Kong, we have had an enormous inflow of Chinese refugees, which had to be worked in the mainstream, which we think we have done quite successfully, which of course parallels the problems here in Miami, so I think that as you look into this trip, you will be encouraged by it - you will want to take part. You will be encouraged by the great similarities between Hong Kong and Miami and we hope you will find this to be a very valuable learning experience. Thank you. Mayor Ferre: Burton, is there anything you want to warn us on, or advise us? Mr. Landy: Mr. Mayor, I think the idea of following up a mission - shortly after the one that we just came back from, there is an outstanding idea. We were there in March. We were very well received, but it is clear that Miami is still not a traditional destination, nor very well known in Hong Kong, and that is going to take a series of trips and missions such as this and I think the one that has just been described to you is a very complimentary one to the one that we just took, because the mission members on the trip that we took in March was primarily as you observed in the services area, and that to come back now with people who are actually going to buy and sell and do business I think is a wonderful follow up and I think the timing couldn't be better. I would very much support this effort. Mayor Ferre: All right, any questions of Charlotte, or Mr. Davenport, or Mr. Landy? There is no action needed as I understand it. ------------------------------------------------------------ 5. MIAMI-DADE TRADE AND TOURISM COMMISSION - AUTHORIZE CONTINUED FUNDING UNTIL MAY 23RD9 ETC. rrrr rr rr-r-r-rrr-r-rrr----rr rr-r rrrrr-- - rr-r ---- r-- rr--rrr..r Mayor Ferre: Agenda Item "E" - go ahead sir. Mr. Henry Gibbons: Before I start, Mr. Mayor, to read to you and members of the Commission a am sure that all of you received a copy of it. is from the Ambassador of Sri Lanka. And it is I would like letter, and I This letter Id 0 May 91 1985 0 0 "Dear Mr. Gibbons: I would like to take this opportunity on behalf of the Honorable Prime Minister of Sri Lanka and his delegation for the warmth which he received, and the City of Miami for all of the arrangements which you so kindly made in order to make his brief stopover a memorable visit. Mr. Chitty has told me that the arrangements you have made for the arrival and the departure at the airport and for the accomodations at the hotel were excellent. The Prime Minister was very pleased to meet a party of the City elders who received them at the Grand Bay Hotel on the 25th. He was sorry to have missed the Mayor of Miami and the Mayor of Dade County, who I understand were away on business in Europe. However, it was most gratifying that the Mayor of Miami arranged through you for a Key to the City to be presented to the Prime Minister on that occasion. I am taking the liberty to copy this letter to the Metropolitan Dade County Commission, as I feel that your signal service to us in connection with the Honorable Prime Minister's visit is also a reflect1nn on the foresight of the Metropolitan Dade County Commission in working through you and your organization." Mr. Mayor, we can't continue to accomplish these things if we are not properly funded. Mayor Ferre: Now wait a moment, Henry, you came and asked us for $75,000. This Commission voted for those funds without one negative vote. It was a unanimous vote, so don't come telling us that we haven't been funding you. Mr. Gibbons: We have not received all of the funds that are due our agency. That is the reason I am here. Mayor Ferre: You have not received what? Mr. Gibbons: We have not received all of the funds that are due the agency. That is why I am here. Mayor Ferre: All right, Mr. Manager ... Mr. Pereira: Mr. Mayor, I am sorry. I had 22 people come in and whispering ... Mayor Ferre: This is Item "E". Mr. Pereira: I know what it is, but I don't know what the question Mr. ... Mayor Ferre: He is saying that they have not been funded properly - the funds that were appropriated by this Commission. Mr. Pereira: The organization has received $35,000 from the City of Miami to operate. There is a balance of the $75,000 grant that was proposed for the organization that has not been released. There are a series of questions regarding the order of the organization and how those funds were disbursed. At this time, I was prepared to submit to you a report; however I was informed by Metropolitan Dade County yesterday that they ... and our recommendation is predicated on actions by the County. The County Commission on Tuesday deferred this item and it will not be on until May 21st and I would respectfully request of the Commission that we allow the County to take action because their action predicates ld 10 May 9, 1985 - what we do in terms of the resolution of this problem and your Administration is asking before we make a recommendation to you, that we give them that opportunity. Mayor Ferre: Mr. Manager, let me ask you this question. = Did the County fund this organization as well as the City? Y'. Mr, Pereida: My understanding is that they funded it last year - yes. Mayor Ferre: The Miami -Dade Trade and Tourism Commission was funded by Metropolitan Dade County as well as the City of Miami? How much did you received from Metropolitan Dade j County? Mr. Gibbons: $75,000. Mayor Ferre: $75,000. So you received $75,000 from us and $75,000 from them. You are saying you received the full $75,000 from the County? Mr. Gibbons: Yes, sir. Mayor Ferre: And you haven't received the full $75,000 from F 1 the City? Mr. Gibbons: Wait, just a minute, Mr. Mayor. Hold it. We received our funds from Metropolitan Dade County. Mayor Ferre: Yes. ^' Mr. Gibbons: The City of Miami, and if you will just let me bk take my time, I will explain it to you. The City of Miami, ...: p under Mr. Rosencrantz, gave us an emergency $35,000 to keep us operating to a certain period of time, and gave me a guideline by which to use the $35,000. We followed that guideline to the letter of the word and the use of that $35,000. Ms. Gallogly and the City Manager's office told us ` that they would fund us ... (INAUDIBLE BACKGROUND COMMENTS) Mr. Gibbons: ... Ms. Gallogly and the Manager's office told us that they would fund us through April and May at 100% until the matter with Dade County was resolved. That is the issue now, simply because they had not given us the money for April and May so we can continue to operate. Mr. Plummer: So you have got what?...$35,000? Mr. Gibbons: We have gotten the $35,000. Mr. Plummer: So what you are saying is, you are still dragging $40,000 from the City. Mr. Gibbons: The monies that they had promised us that would enable us to operate at 100% for the month of April and the month of May. Mayor Ferre: Wait a minute. Now Mr. Gibbons, the Manager has requested that we not take action on this, but that we give him an opportunity to wait until Metropolitan Dade County has concluded and then come back. I would hope Mr. Manager that you could bring it back at the next meeting, R which is two weeks from today. Mr. Pereira: Oh, definitely it will be at the next meeting. No question about that. Mayor Ferre: All right, Mr. Gibbons. F ld 11 %May 9, 1985 F. 11 Mr. Gibbons: This is not fair, and the reason that it is not fair is because they promised to us that they would fund .: us at a 100% level for April and May. That is what they r._ told us and the documentation is here where they said that. Mr. Dawkins: Mr. Manager, why, I mean, is what Mr. Gibbons saying a fact, in that we promised to fund them 100% and we didn't, or if we didn't, why not? And what is the justification for it. sir? Mr. Pereira: Let me ask the Assistant Manager, Walter Pierce, who has been working with the organization to address that question. Mr. Walter Pierce: Mr. Mayor and members of the Commission, back in February the Commission approved $35,000 pending resolution of all audit problems. Mr. Dawkins: Hold it now, you lost me. I mean, I want to be sure we understand. We appropriated $75,000? Mr. Pierce: No, sir. Mr. Dawkins: Well, that is what he says. Now who is correct, now? Mr. Pierce: Well, Commissioner Dawkins, we will be happy to make ... r !� ` Mr. Gibbons: We were budgeted ... Mr. Dawkins: Wait, before we go any further, Mr. Gibbons, we have to be sure what amount we are discussing. Mr. Pierce: Mr. Dawkins, may I go back a little bit in time to bring us all up to date? The $75,000 funding by the City of Miami and Metropolitan Dade County was a period of 1983- - 1984. Mr. Dawkins: Did they get that money? Mr. Pierce: They got that money, both ... Mr. Dawkins: They got $759000? Mr. Pierce: Both from the City and the County. Mr. Dawkins: No, no, no. I am not interested in the County right now. They got $75,000 from the City? Mr. Pierce: Yes. Mr. Dawkins: That is correct, now so when he says he did not get $75,000, that is an error. Mr. Pierce: He got $75,000, 1983-1984. i Mr. Dawkins: Now go ahead sir, please. Mr. Pierce: They have run into some audit problems based on the 1983-1984 contract. Subsequent to the expiration of that contract, they submitted after the end of the contract period a request for, I believe it was $150,000 funding for j 1984-1985. We did not that request until very late in 1984. They came before the Commission finally in 1985, February. i The Commission at that time - the recommendation was for $75,000. They still had the audit problems. The Commission -_ approved $35,000 to be a part of a total commitment of $75,000 for this contract period. The $35,000 was not i ld 12 May 91 1985 permitted to be expended until all of the audit problems were resolved. We have expended that $35,000. What Mr. Gibbons is now asking is that the balance of the $75000 be allocated and made available to them. Mr. Gibbons: That is not what I am asking and let's back UP* it was not $75,000. The City, for this budget, is supposed to fund us at $100,000, the County at $75,000 for nine months, which comes to $100,0000 and what I am saying, Mr. Mayor, is that they have promised to us that they would honor the obligation at 100% for April and 100% for May and at that time those audit findings should be cleared, and this is what they promised and this is what we were lead to believe, and that is what I am asking for. Mayor Ferre: All right, Mr. Manager ... what, having heard the position that Mr. Gibbons has explained here, I understand the dilemma and I am going to be following your recommendation, but I do think that time is of the essence, because obviously there was a commitment made and that commitment has not been ... Mr. Pereida: The commitment ... excuse me interrupting, Mr. Mayor - the commitment was made in principle and predicated on certain things happening. What I am saying to you is those things have not happened, and until I can come to you and responsibly make a recommendation, and I think we will be able to do that at the next Commission meeting! Mayor Ferre: Mr. Manager, as I said, I will be backing your position and Henry, I am sorry, I hope that in the next two weeks we can resolve this, because I don't think there is anything else we can dot Mr. Gibbons: (INAUDIBLE, OFF MICROPHONE) Mr. Dawkins: Is that a true statement, Mr. Pierce? Hold it, watch your blood pressure. Mr. Gibbons: It is already up, Miller, what else? Mr. Pierce: Mr. Dawkins, first I would say that it would be irresponsible for me, as an Administrator of the City of Miami to commit to any monies that the Commission has not addressed. The Commission has not addressed anything beyond the $35,000. Mr. Dawkins: That is not the question. The question is - listen closely now - the gentlemen says that Ms. Gallogly's office informed him that if he provided certain information, the money would be forthcoming - is that correct, is that what you said? Mr. Gibbons: Yes, sir, he needed certain documents. Mr. Dawkins: Okay, hold it. I don't care what - it was information, okay? Is that a true statement? Mr. Pierce: It is a true statement in the sense what ... Mr. Dawkins: All right now, hold it. Did you provide the information they requested? Mr. Gibbons: They never requested it. Mr. Pierce: Commissioner, if we asked for information and the information is still is not the standard enough to back up the position that we are trying to get to, then the information is not adequate, and that is the problem. We still have unanswered questions on records. ld 13 May 91 1985 RE Mr. Gibbons: Mr. Carollo, let me ask you. If I told you 1 wanted information from you and you never t6ld me what you wanted, how could 1 answer you? Mayor Ferre: That is why the ... Mr. Carollo: That is the question, Henry. Mayor Ferre: That is why the question is being asked if that is so, or not, because if it is, then in effect what we are doing is ... Mr. Plummer: Did you so notify him that the information that he gave you was inadequate? Mr. Pierce: I am sorry, Commissioner? Mr. Plummer: Did you, once you received the information he provided, did you inform him that that was inadequate information? Mr. Pierce: As far as I know, we have! On every submission. Mr. Plummer: Not is far as you know. Did they, or did they not. He said that he was in his office on the 29th until the 1st. What day did you provide the information? Mr. Gibbons: Sir? Mr. Plummer: What day did you provide them with the information as requested? Mr. Gibbons: I sent them that letter as of May 1st indicating that they have not given me - I requested the information that they wanted and I keep calling. Mr. Plummer: Had they responded since then? Mr. Dawkins: Mr. Gibbons, we could override the Manager. Listen closely now. We could override the Manager and create something here that none of us want. Now, I think it is in all of our interests, the Commission, the Manager, and yours. This is just my personal opinion, now, that we allow the Manager the time he needs to bring back what he needs for us to vote intelligently on this. Now, if you come back and we have got the same problem, then it is obvious that some one is not operating in good faith, and therefore that we, the Commission would have to say to you, "You are correct, sir" and therefore we have to take some steps. I mean, I don't know anything other. Mr. Gibbons: Mr. Dawkins, I appreciate very much what you are saying, but there is actually no point in coming back, and the reason there is no point in coming back is simply because I cannot tell the landlord any longer who is threatening to evict me because the rent is not paid. I cannot tell Southern Bell Telephone Company any longer to let me use their telephones because their telephone bill is not paid. I cannot give the same quality of service Ms. Gallogly just presented on her trade mission to Hong Kong because she had staff funds to pay. I can't present that quality of information to you, because I have no money to pay any salaries. I can no longer run my automobile up and down the road out of my pocket to give a service because I cannot get money to buy gas. What are we supposed to do? Mr. Dawkins: Good question! Somebody over there. t- ld 14 May 9, 1985 1` Mr. Carollo: Mr. Manager? j Mr. Pereira: You know, the option that we have is until we cone back with the final recommendation, is to pick up the cost of the staff until the 23rd so that would be operational and I am willing to do that, Mr. Mayor. Mayor Ferre: I think that is a very wise ... in other words, Charlotte, I think what the Manager is saying as I understood it is that we are going to keep them alive, because there is no use going through all this process if in the interim they die! Mr. Pereira: But, understood, Mr. Mayer, that is is for the operational cost, okay, Mr. Gibbons? You know, this is so on the 23rd you don't come back here and say that I promised to fund you for next year. This is for operational costs until the 23rd. Mayor Ferre: Mr. Manager, we all understand the King's English and we heard very clearly what was said. Mrs. Gibson, we are always honored to have you here. Are you interested in saying something? Mrs. Gibson: Mr. Mayor, I happen to be on this board, and we have had so much problems in trying to keep this thing going and with the kind of work that that board has done and that is past - it really needs the funding, and we have just one person that we need to pay $8,000 that made some brochures and that kind of thing for us. It is about to go out of business and they are ready to take us to court for that money and I just believe that not only do we need money for rent, and telephone and the payment of two staff persons, but we need to get ... Mayor Ferre: Mrs. Gibson, now we are going beyond - you see, what the Manager has said, and I think we all understood very clearly, is that he will assume the responsibility of making sure that this operation is alive _s on May 23rd and the decision with regards to your $8,000 L that you mentioned here, that is something that will deal N}+ with once we have an audit and the proper information in our hands. Hopefully that will be by May 23rd. Now, I think =` that we have gotten into a happy solution temporarily andthat the final solution, one way or the other, will not be until the next meeting. All right, thank you. Mr. Manager, do you need any action on this Commission to do this? t Mr. Pereira: Not at this time, I think that we could ... well , yes, we need a motion from you authorizing me to spend }_ ... Mayor Ferre: All right, is there a motion to that effect? Mr. Dawkins: Move it. Mayor Ferre: The motion is to authorize the Manager at his discretion to spend sufficient funds to keep this operation alive through May 23rd until there is a conclusion and the audit is finished and the Metropolitan Dade County people have concluded their report. Is that ...? Mr. Pereira: That is it totally. Mayor Ferre: Is there a second? Mr. Carollo: Second. W P7 Maynr Ferre: All right, yes, Henry? C7 ld 15 May 9, 1985 Mr. Gibbons: Mr. Mayor, I must apologize to you and members .` of this Commission for my ... I think you have known me a probably longer than anyone on the Commission - you too, Mr. Plummer, Mr. Dawkins. It is not rarely that I come here to this Commission for anything. And it is very rarely that W I come here with this kind of attitude, but I have been so provoked to this point and I leave and I trust that when I come back I can come back on a much friendly and a better 4 level that I understand. Y Mayor Ferre: We understand, and thank you for your It patience. Call the roll. THEREUPON THE FOREGOING MOTION N0. 85-4679 duly introduced by Commissioner Dawkins and seconded } by Commissioner Carollo was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. t Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo • Mayor Maurice A. Ferre. NOES: None ABSENT: None 1 (LATER FORMALIZED INTO RESOLUTION NO. 85-521) Mr. Pereira: Mr. Mayor. Mayor Ferre: Yes. Mr. Pereira: You know, I need Mr. Gibbons to meet with the staff. I don't want to beat a dead horse, but I don't appreciate you know, the statement of Mr. Gibbon that we are trying to bully his organization; to the contrary, we are trying to work with him, and I just want that on the record, sir. Mayor Ferre: All right, thank you. Mr. Plummer: We will find that out by the next meeting. r rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr rrrrrrrrrrrrrrrr l.F 6. APPROVE IN PRINCIPLE REQUEST OF GREATER MIAMI OPERA FOR �. FUNDING REQUEST OF $25,000 AS CONTRIBUTION TOWARDS THEIR OPERATING COSTS. - rrrrrrrrrrrrrrrrrrrr--rrrrrrrrrrrrr-rrrrrrrrrrrrrrrrrrrrrrr Mr. Carollo: If I can ask Mr. Herman to come up, please. Mayor Ferre: Mr. Bob Herman from our very great Greater Miami Opera. Mr. Carollo: Mr. Herman, if you could make your presentation briefly to the Commission and the request that you have all made. Mr. Robert Herman: It is now 44 years that the Greater Miami Opera has been serving the community of Miami. We are the six largest in the entire country and a year ago I was elected President of the national organization that LL represents operas throughout the country. We have brought all of opera America down here for conventions twice in my twelve years here. We are bringing them a third time this t£._ next fall - once in Key Biscayne, once in the City of Miami and once in the City of Miami Beach, so we are, I believe, raising the profile of Miami in a positive way throughout_ the country. Last year, in this same month I came before Id 16 May 91 1985 r • you and asked for your continued support, which has been coming to the opera for many, many years in a very small way, but a very important way. In that year since that time, we have conducted - produced Pops By The Bay, three concerts out at the Marine Stadium for a number of people. We, for the first time in history, had that operation break even. We would have had a substantial surplus if the Diane Carroll performance had not been rained nut and we had to refund a lot of money - that was number one. Number two, in the fall we undertook a new $1,0000000 project in downtown Miami. We did 30 performances at Gusman Cultural Center of American Musical Theatre and brought 30 performances without a single, negative incident occurring in Downtown Miami, so we feel that was a major contribution to the rebirth of downtown. We have done twelve performances in Dade County Auditorium of Grand Opera and a number of rehearsals to which we invite the handicapped community, free of charge. We bring senior citizens and so forth and we have also presented opera in every high school in the City of Miami and in three of the junior high schools in Miami. We are asking you to continue your support which we have had every year for the last number of years in an amount that is less than ... it is just slightly above one-half of one percent of our total budget. Our budget is 5.2 million dollars and we ask the City of Miami for less than we have received from the City of Miami Beach, which gives $45,000; the Dade County School Board, which gives $50,000; the State of Florida, which this year gave us $140,000; and of course, the National Endowment for the Arts. We urgently need this continued support. We budgeted the services that we would provide to the City and we counted on the continued support of the City. We are not asking this for any single event, a festival, or single activity. We are asking your continued support of what I feel is the most important cultural institution in the entire State of Florida, and I think that is generally conceded. We are asking you to support us for $35,000 for our fiscal year 1985 general operations. Mr. Carollo: Mr. Manager, what is your recommendation? Mr. Pereira: This believe the proposal and staff to review. recommendation. I am the process like we appreciate it. item was not for ennsideratinn. I was submitted last week to my office It would not be fair to make a just asking if we can just put it to have asked everybody else. I would Mr. Carollo: Well, my understand is that he was put through the process. Wasn't that ...? Mr. Pereira: That is not my understanding, but that ... you know. Mayor Ferre: Let me intervene a little on this, by saying this. This is not a festival. We are not talking about a street festival, cultural festival, nr anything like that. What we are talking about here, is a major institution that is a solid foundation rock - not in Miami, but in the State of Florida - it is the most important cultural institution we have. It is the one thing that we have got going for us. I want to tell you ... I just came back from San Antonio a couple of weeks of ago and I have been talking to a lot of people in the high tech industry, and one of the things that they hold against coming to Miami, and I want to point out to you that of the top ten states ... Mr. Traurig, future Vice -President of the Chamber of Commerce of Greater Miami, to be in October ... I want to tell you that the State of Florida has the smallest growth of high technology of any of major states of this nation - we've the seventh of the six states, and we are tenth in high-tech, and we are not ld 17 May 9, 1985 • El growing. We are not growing. Texas is growing, California is growing, New Jersey is growing, everybody is growing, but not Florida. The State of Florida, in the last five years has decreased by eight percent ... __e��i,_h__tpercent, the employment in high technology. It is £he only state that has lost high technology, rather than gained. One of the reasons is that they feel that we have very bad educational facilities, with all due respects to F.I.U. and University of Miami and the Board of Regents and the Legislature really needs to address the issue and I think it is tragic to see the Legislature is now cutting F.I.U.'s funding plan. We went from nine to six, and they have got us down to $2,200,000, which is absurd for this kind of a community! The second thing that always comes out is the cultural facilities in Florida. The one thing we have got going for us, is this Opera Company - the Greater Miami Opera Company and I don't think we can hesitate ... to me, this is as important as building a high tech center in the medical community. It is as important as building a park in downtown, or Bayside. It is as important as building a stadium or a coliseum. It is absolutely an essential part of the fabric of what we are trying to build, and I think we can't hesitate on this one, so Joe, if you ... I will support you 100%. Mr. Carollo: Mr. Mayor, I agree totally with your words and what my intention is to have made a motion for the same approval that we gave the previous year - $259000. Now, it was my understanding from talking some of the individuals involved, that the Manager had seen some of this information and they had gone through the process. Mayor Ferre: Well, why don't you pass the motion based on their ... Mr. Pereira: Is their request for ... I am sorry, Mr. Mayor. Mayor Ferre: I am just saying that I think the way we ought to pass it is pass it in principle, and leaving it in the Manager's final determination. Mr. Carollo: Well, I have no problem passing it in principle and I support this very much, but at the same time I think that we have to stick by our rules and let everything go through this process, otherwise what is going to happen is that you know, we are going to have all kinds of people coming back and doing the same thing that we are trying to avoid. Mayor Ferre: Make your motion. Mr. Carollo: My motion, Mr. Mayor, in principle, after it goes to the Manager and then comes back again to this Commission, is that we approve a request of $25,000, as we did the previous hear. Mayor Ferre: Is there a second to that motion? Mr. Perez: I don't have any doubt, Mr. Mayor, to second this motion. I think that this is the kind of activity that we have encourage and promote in this community. I am very proud to second this motion without any doubt. Mr. Plummer: What did you get from the T.D.C.? Mr. Herman: $41,750. That was tourist room tax money, Commissioner Plummer ..0 yes, sir. ld 18 May 9, 1985 5 Mr. Plummer: Yes. You understand that 40% of that is coming from the City of Miami? Mr. Herman: I do understand that, yes sir. We did make application a number of months ago, prior to the time that Mr. Pereira was appointed to the City Managership and we were turned down on the basis of the regular procedure. It j was a resubmission that we made for the $359000 this last week - just an there is no misunderstanding. Mayor Ferre: We understand. The amount we gave you last year was $25,000? Mr. Herman: $25,000, correct, and then we introduced a new $1,000,000 program this year, that is why we asked for the $35,000 instead of $25,000. Mayor Ferre: All right, there is a motion on the floor; it has been seconded. Is there any further discussion on the motion? All right, now call the roll, please. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 85-464 A MOTION APPROVING IN PRINCIPLE A REQUEST MADE BY ROBERT HERMAN, DIRECTOR OF THE "GREATER MIAMI OPERA", FOR AN AMOUNT OF $259000, SAID ALLOCATION INTENDED AS A CONTRIBUTION TOWARDS THEIR ' GENERAL OPERATIONS BUDGET. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote- 4: �Y AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice-Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. Mayor Ferre: Mr. Herman, before you leave, I am going to give to you some information here, on the Teatro Lyrico of Madrid which is the Opera Company of Madrid. They are very anxious to come this year or next year and make a presentation in Miami. I met with them two days ago - I told them that I thought the only way that that was ... they are going to bet a subsidy from Iberia. I told them that they ... there is fifty of them in this, and I said if you can get the Governor of Spain to pay for your fare over here and back and provided ... I mean, we don't want to hear Othello, which they have on their repertoire - La Traviata, and so on, but they do have, evidently, antologia of Spanish music - operatic Spanish music, and I thought that might be something that would be very popular in this community. I told them that I didn't think they could do this alone, that they really needed to do this in conjunction with both you and Gratelli. This is the only copy of the program that I have. I would be very grateful if you would look at and talk to the individuals, Bob, and let us know if there is any ... those are the only copies that I have. Thank you. ------------------------------------------------------------ Id 19 May 9, 1985 1, APPROVE REQUEST OP DOMINICAN CULTURE AND NENITAGE GROUP JOSE MARTI PARK CELEBNATION NESTAUNACION DE LA REPUBLICA DOMINICANA. ...rri.�i:aT.aaaa.r.r�irr.r:rr..-.avw.wrr.i.aa.�.yr®.rraa.►.ri.raar.►r.r.aair�..�rrra�..rra:.sia�.� Mayor Ferre: Next pocket item? Mr. Carollo: Okay, Mr. Mayor, if I may ask Dr. Narcida to come up please. She has requested and it is my understand has gone through the Manager's office already. It is the Dominica Association. Mayor Ferre: What is the request for? Mr. Carollo: She is going to explain it, Mr. Mayor. Dr. Narcida: The Dominican Association is a U.S.A. of Florida incorporated as non-profit organization, founded in 1982 for the purpose of providing and assisting and preserving the Dominican culture and heritage and uniting the thousands of Dominicans residing and living in the area of Greater Miami and Dade County. We hereby come before you to request the use of the Jose Marti Park located on 4th Street S.W., and 4th Avenue for the celebration of the 122nd anniversary of the Restauracion de la Republica Dominicana. All of the Dominican community will unite in the celebration of a servant of this historic date by the celebration of the Grand Festival Cultural Dominicana Americano, jointly with members of the Hispanic Community. The tentative program - we wish to celebrate the festival from 12:00 P.M. to 10:00 P.M. at the Jose Marti Park and facilitate the use of the facility of same, subject to the issuance of all required permits and allowing the sale of beer and soft drinks, the issuance of the permits by the Department of Police, Fire Rescue and Inspection Services, establishing the area, prohibited to retail peddlers during the period of the festival celebration; further authorizing the City Manager to execute the August 18, 1985 festival concession agreement with this herein stated organization, subject to the approval of the City Attorney. The queen of the Dominican Festival will come together with the City official the ribbon starting festival, the program - Christopher Columbus discovered the island in 1492. the ballet Cultural Dominicana will present a drama Cologne directed by Victor Alva; Ballet Folklorico Dominicana from Santo Domingo; Dominican Orchestra from Santo Domingo; the sale of arts and crafts from Santo Domingo, sale of Dominican beer, Presidente, an Indian drink, and sale of Dominican food. We request the City's assistance in waivering the cost of the police protection during the festival and cleaning up after the festival celebration. Mayor Ferre: All right, any questions of Ms. Jacobs Mr. Carollo: Mr. Manager, you have had ample time to go over this request - if I could have your recommendation of this before I make a motion. Mr. Pereira: We have absolutely no problems with the festival being conducted at the park. We are prepared to work with the organization. The only issue that I have is their request of waiving the cost of police protection and cleanups, so on and so forth. That, I still don't have the figures. I want to further, you know, research that and work with them to see what kind of agreement arrangement we CL can have, but certainly there is no problem with the usage of the park and we will recommend it - you know, we approve it. ld 20 May 9, 1985 • 6 Mr. Carollo: Mr. Manager, let me ... how much do you estimate it will cost for the police protection and garbage = do you have any idea? ... a rough estimate? Mr. Pereira: A rough estimate - you are talking about $59000, when you put fire rescue, cleanup and the police. That is a guess-timate now, because we need some more details from them on actual activities, so on and so forth. There could be a combination of things. Mr. Carollo: There is probably a high estimate at that - based on what they are going to do here, I would say. I will make a motion at this time that the Commission approves the request, including the reimbursement for the police protection and the cleanup that is needed, not to exceed $5,000. Mayor Ferre: Is there a second? Mr. Perez: All right, now under discussion, let me just make sure that we ... there are only two things I want to make sure of. This is in no way political. Dr. Nelsida Chakoff: No. Mayor Ferre: In other words, we are not going to have either Mr. or anybody else involved in any of these ... Dr. Nelsida Chakoff: No, as I stated, the Dominican Association is just ... Mayor Ferre: Non -political. Dr. Nelsida Chakoff: Non -political. Mayor Ferre: Non -political, okay. Second thing I wanted to ask you is - this has the approval, I assume ... you are not a rival group to the Dominical Chamber of Commerce and the Dominican Consul here? Dr. Nelsida Chakoff: What is your question, sir? Mayor Ferre: You are not a rival group to the Dominican Chamber of Commerce are you? Dr. Nelsida Chakoff: No, we are not. The Dominican Chamber of Commerce worked with .... commerce, and we are with that community. Mayor Ferre: They will be working with you? Dr. Nelsida Chakoff: With us. Mayor Ferre: Okay, and this has the ... you have talked to the Consul General of the Dominican Republic and he knows that you are going to do this? Dr. Nelsida Chakoff: Yes. Mayor Ferre: Okay, I just want to put this on the record that there is no problems between ... Dr. Nelsida Chakoff: No, there is no Mayor Ferre: Okay, that is all I wanted to know. questions? All right, call the roll. Id 21 a Any other May 9, 1985 I The fallowing motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 85=465 A MOTION APPROVING A REQUEST MADE BY REPRESENTATIVES OF THE "DOMINICAN CULTURE AND HERITAGE GROUP" FOR USE OF THE JOSE MARTI PARK IN CONNECTION WITH THE 122ND ANNIVERSARY CELEBRATION OF THE "RESTAURACION DE LA REPUBLICA DOMINICANA" IN OBSERVANCE OF THAT HISTORIC DAY; FURTHER GRANTING ALL MISCELLANEOUS REQUESTS MADE BY SAID GROUP IN CONNECTION THEREWITH; AND FURTHER AUTHORIZING THE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $5,000 FOR POLICE SERVICES AND SOLID WASTE SERVICES. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins ------------------------------------------------------------ 8. FILE LAWSUIT AGAINST SANTA MONICA, CALIFORNIA, POLICE CHIEF, ETC. REGARDING SENDING OF CRIMINAL TO MIAMI; REQUESTING FEDERAL LEGISLATION, INJUNCTION ACTION, ETC. --- ------------ ---------- ------------------------ ----------- Mr. Carollo: Mr. Mayor, I have sent made several requests in the last week of both the City Attorney and the City Manager regarding of the actions of the City of Santa Monica and their Police Chief, James King, in sending to Miami some of their human waste of that City. I am sure that the Mayor has been briefed even while you were away what has transpired with that situation. I think, Mr. Mayor, that we have several options that we should look at and discuss today. One, of course, is the filing of a lawsuit against the City of Santa Monica to get reimbursed for the expenses that we incurred in this; secondly, there is a possibility of an injunction, not only so that the City of Santa Monica would not do this ever again, but to set a precedent to other cities, whosoever would try to attempt this, that we would stand firm against it. Lastly, there is a strong Possibility that there were violations of civil rights, which would then bring it into Federal hands. This individual that they sent to us has a very long history of mental illness, is probably not capable of making up his own mind on whether he would come here or not. He has stated to the local press that he was forced to come here. If in fact that was the case that he was forced to come here, not only would there be a violation of civil rights, but even the possibility of kidnapping, so I think we need to look at all these areas including requesting from our four Congressmen of the area, and our two U. S. Senators to implement, or start the process of implementing some Federal regulations to make it a Federal crime to have one state send their criminals to another in the fashion that has just occurred ld 22 May 9, 1985 It # to us. Madam City Attorney, what recommendations do you have at this point in time in the additional research that you have made? Mrs. Dougherty: Vice -Mayer Carollo, I distributed the opinion that I wrote to you at your request to all of the Commissioners and basically what I have found is that if you wanted to institute a lawsuit, what I would suggest we do is we institute a lawsuit here in the City of Miami in the State court and it had three counts: one, a Declaratory Judgment - this is the legal thing to do; secondly an injunction; and thirdly, damages. I have to tell you I would be less than candid to tell you that there weren't some technical problems that could be associated with this kind of case, not the least of which is if we filed it in State court, they may remove it to Federal court and if it is in Federal court the jurisdiction is going to be in California, so if we wanted to institute suit, we are going to have the face the fact that may have to either pay for counsel to go to California, or hire California counsel. Secondly, if the ... there are other kinds of technical problems that can be raised, not the least of which is immunity - California may have laws that are different than ours. We would not essentially be alleging that this was a negligent act, but instead, an intentional tort and bad faith on behalf of the Chief, and therefore the City ought to be liable and of course, the Chief personally liable. We base our jurisdiction in the State courts based on the long arm statute, which essentially says that if a tort is committed anywhere, but the injury is here in the State of Florida, then we think the State courts in Florida has jurisdiction, but again, as I might say, both immunity and jurisdiction must be a technical problem that we would have to overcome, but if that is something that you would want to do, I think it would be a meritnry suit and we can try it. Mayor Ferre: All right ... Mr. Carollo: To my colleagues ... Mayor Ferre: I'd like to express an opinion. Mr. Carollo: Go ahead, Mr. Mayor. Mayor Ferre: I am looking for, and I :misplaced the file, but I would like to remind the Commission that back in, I think it was April of last year, a series of people that had clear mental problems were in jail and had come to the State of Florida and shipped by respective local communities and these were Mariel refugees that had been taken out of mental institutions in different parts of the country, and there were three cases in particular that were clearly documented and I want to remind the Commission that the State of Florida was in an uproar about that and that the Governor himself personally got involved by taking a strong position. Now, if we don't stand up and set an example, it is my opinion that we are destined to have this repeated over and over and over again. Mr. Carollo: My exact point, Mr. Mayor. Mayor Ferre: I know, and I am agreeing with you. What I am saying is, that it is now time for us to set a firm example. I don't care what it cost. I don't care how we are going to deal with it, as long as it is within the law, but I think we need to tell the people, whether they be Police Chiefs, or Governors, or Mayors or City Managers, or people that are making these decisions that they cannot with impunity, take an individual who is a rapist, or has a mental problem or a criminal record and just ship them to Miami, Florida. That Id 23 May 9, 1985 10 V is not acceptable. Now, I think that we need to go the full length, if we have to, and I think what we need to do is pass a resolution authorizing the City Attorney and the Manager to institute immediately in the following order first of all, a vehement, strong protest to the City of Santa Monica for what I think at best can be classified as a strong breech of common civic courtesy and at worse could be a criminal act in itself. I think secondly, I would like on the motion that you make, Commissioner, that you instruct the City Manager to write the Association ►+f City Managers (I.C.M.A.) protesting this act by the City of Santa Monica, which has a City Manager form of government and let them officially notify other cities that this has been done; three, that the Clerk also send a copy of this resolution to the Conference of Mayors and the League of The Cities, asking that they put this item on the agenda for discussion at the next national meeting. The Conference of Mayors will be meeting in Anchorage, Alaska in June and the League of Cities will be meeting sometime in the summer and this is something that they should have a strong position on. Then, I think we need to, as you stated, Mrs. Dougherty, include in the resolution a legal posture which would begin with ... would you rephrase that again - repeat that? Mrs. Dougherty: Filing the lawsuit here in State court? Mayor Ferre: No, no. Mrs. Dougherty: No? Mayor Ferre: No, no. That is the more drastic am going to get to in a moment. You said that write a ... you said there were several steps that to take. What was the first step? in which I we need to we needed 'I Mrs. Dougherty: Declaratory Judgment, Injunction, Damages. Mayor Ferre: Injunction, okay ... that first of all, we ask for an Injunction to prohibit the City of Santa Monica from doing this again and secondly, that you be instructed legally to - if you feel comfortable with this, institute a ,f lawsuit for punitive damages against the City of Santa y= Monica. This certainly, if nothing else, is going to make national news that we ... the City already has made it, but it will do it again, that the City of Miami is going to sue the City of Santa Monica, either individually, or sue the Police Chief, if it is his ... .y Mr. Carollo: Or both - or we sue both! : ZAA Mayor Ferre: Or botht So that we certainly are going to r. use ... we are going to pursue them and use them as an example so that this will not repeat itself. If there were the first time that this had occurred, it would be bad _;. enough. The fact is, that this is about the fourth or the fifth time that we can legally document that another government has decided that they would pay for somebody to come down here and just dump them in this City and that is just simply not acceptable! Mr. Carollo: Well, Mr. Mayor, you have included everything that we had discussed with the Manager and the City +` Attorney. I am glad that we have a unanimous opinion of what I am seeing from this Commission. What happened in this case, Mr. Mayor, I think is the worse example of any that we have seen of any state or any city dumping their human waste on another. This individual not only had a s= mental history, but at the same time, had a long criminal history of sexual crimes, including the raping of women, and the sexual abuse of young children! And even had been ld 24 May 9, 1985 It # arrested for the murder of a young woman and was only released because of insufficient evidence! So, you put this all together and this individual is an extremely dangerous person. Just the fact that they had placed him in an airplane to send him across the United States is a very dangerous act in itself. Who knows what a but like this, with a history that even includes murder might have decided to have done while he was up in the air in a plane? I think that the actions of the Police Chief of Santa Monica is one of the most irresponsible actions that I have seen of any law enforcement officer in this country and I think that if this City and this community does not take a stand now, we are going to suffer worse consequences and much more expenses in the future than we can even imagine now. Maybe Chief King did this as a practical joke - he thought it would be something funny that while he would then go to the beer hall, he could talk about it and laugh about it. I don't think it is something that is very laughable at allt I think it is something that is very sad and very dangerous and I think that this individual's civil rights were probably violated, which is a Federal crime, and Mr. Manager, one of the things that we have to do is to have Police Department interview this individual, get statements from him to try to ascertain those facts to see if there was a violation of Federal law, which if there was, than we would have to request of the F.B.I. to intervene in this - at the same time that kidnapping could possible be construed if this individual is forced in a plane and forcibly told that he had to leave the State of California. Of course, 4 t,nee e��fernent_c in rzi i fnrnia had been that he wanted to go to Miami. His statements to the local press down here are quite different than that. Mr. Mayor, I am going to try to incorporate all of this in one resolution. The first course of action that we would immediately take, as described .in court to prevent the City of Santa Monica and their Police Department from doing this again. Thirdly, that the City Manager makes the strongest protest that he possibly can to Association of City Managers, places this issue in their next possible agenda and at the same time, the same with the Conference of Mayors and the League of Cities and request that they place this issue in their next available agenda for discussion. And last, but not least that we request of our four Congressman and two United State Senators that they begin the process of implementing federal regulations, because this is what is needed, federal regulations to prevent one state from dumping their human waste into another and I so move this resolution Mr. Mayor. Mayor Ferre: All right, is there a second? Further discussion, call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 85-466 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO INITIATE LEGAL PROCEEDINGS IN THE COURTS OF THE STATE OF FLORIDA AGAINST THE CITY OF SANTA MONICA, CALIFORNIA, AND THE POLICE CHIEF OF SAID CITY FOR HAVING CAUSED WESTON HILL, A KNOWN SEX OFFENDER, TO BE SENT TO MIAMI, FLORIDA, AND TO PURSUE SUCH PROCEEDINGS IF THEY ARE REMOVED TO THE FEDERAL COURTS WITH THE INCLUSION IN SAID PROCEEDINGS OF A PETITION FOR INJUNCTIVE RELIEF AGAINST THE CITY OF SANTA MONICA, CALIFORNIA, AND ITS POLICE DEPARTMENT TO PREVENT SAID CITY FROM REPEATING ACTIONS ld 25 May 9, 1985 a OF THIS TYPE IN THE FUTURE: REQUESTING i THE CITY MANAGER TO LODGE FORMAL PROTESTS AND COMPLAINTS CONCERNING THE CONDUCT OF SANTA MONICA OFFICIALS WITH THE CONFERENCE OF MAYORS, THE INTERNATIONAL CITY MANAGERS ASSOCIATION, AND THE LEAGUE OF CITIES REQUESTING THOSE ORGANIZATIONS PLACE SUCH PROTESTS ON THEIR NEXT POSSIBLE MEETING AGENDA; FURTHER REQUESTING THE FLORIDA CONGRESSIONAL DELEGATION TO HAVE FEDERAL REGULATIONS IMPLEMENTED WHICH WILL PROHIBIT GOVERNMENTAL ENTITIES OF ONE STATE FROM SENDING KNOWN OFFENDERS OR INDIVIDUALS WITH KNOWN UNDESIRABLE PROPENSITIES TO ANOTHER STATE; AND DIRECTING THE CITY CLERK TO SEND A COPY OF THIS RESOLUTION TO EACH MEMBER OF THE FLORIDA CONGRESSIONAL DELEGATION, INCLUDING SENATOR CHILES AND SENATOR HAWKINS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. Mayor Ferre: All right, Commissioner. Mr. Dawkins: Mr. Mayor, I have... Mrs. Anne Marie Adker will you come to the mike please. Mayor Ferre: Excuse me, Miller, I wanted to read into the record Joe, before you leave... Yes. I'm talking about April 23, 1985, Miami Herald, "Refugees deported Dade officials say and here is Merritt Stierheim complaining officially to the States that Mr. Brunett was sent here, fifty-four dollars was paid for expenses and Mr. Robert Bernal an Assistant Administrator to Stierheim said that refugees were being sent to Dade County because of the County's criminal justice council had the only facility in the County to specialize in the care and resettlement of troubled Cubans. Sergio Leon, 22, arrived at the intake center and he was dumped in Miami. A Deputy Sheriff escorted him all the way to Miami from New Jersey. Several months after Leon was placed in the New Horizon's Half Way House where he was free to come and go and then he raped a five year old boy who lived a block away. On Thursday, --- this is April 23, 1985--- he was sentenced to a life imprisonment. A mariel refugee from Texas also ended up at Dade's intake center who is... who Mr. Bernal said Mr. Diego Perez Armides was mentally impaired. Mr. Diego Perez Armides had been sent to us from Dallas and they just simply shipped him in here. So, there is ample... this has happened before and the reason it's happened again is because with all due respects to the Governor and to Merritt Stierheim and Metropolitan Dade County and Sergio to you, because you were over there then is you guys didn't take any gl 26 May 9, 1985 I action and if you... I think this time we need to take some strong action and hopefully, we will do an. I just wanted to put this into the record? r r.".r.r.r.r.i m a a. it if-ab 6b"dw 40aft"i&..b... 0.—a. .me.l ""*A." 40 .roff. ""sovmf 1��r 9. DISCUSSION ITEN: PERSONAL. APPEARANCE OF ANNE MARIE ADKER REGARDING FIRST SOURCE AGREEMENT OF MINORITY PROCUREMENT ORDINANCE. .Yf. a-----rr.r----.r---------i--�—r i•i.�....-----.fir Mr. Dawkins: Go ahead, Mrs. Adker. Ms. Anne Marie Adker: I'm Anne Marie Adker, 407 Northwest 5th Street. I came down here to ask about the status of the first source agreement that was supposed to come under the minority procurement ordinance, only to find that it died for the lack of support. I don't know who was really responsible for putting this first source agreement together. However, I can tell you that it's very much needed in Overtown. Especially, when there are people being funded with city monies in projects in Overtown and we have no stipulations in those contracts that say they must hire Blacks. When I look back and see that we supported the Commission and the Mayor, supported a program a quite a number of years ago under the jobs program that graduated or certified ninety-six people, that came under the carpentry, masonry and painting program and now they are sitting idly back watching projects like the 1611 Northwest 3rd Avenue that received funds through Community Development and they are bringing their own help. I can't understand why we haven't gotten this first source agreement under that minority procurement ordinance. Mr. Dawkins: Let me see if I can help you Mrs. Adker and what I don't say the Manager will fill in. We... in fact the City of Miami initiated the working for the first source agreement, then we sat down with... what is it PIC or whatever it is. PIC and we attempted to negotiate with them how to implement the first source agreement and it got to the place where PIC wanted to dictate to the City of Miami that it would hire people State--- I mean, County wide. They did not want to accept the fact that if we used City funds that they would have to employ the target area residents. So, PIC said No, we are not operating like that and the City of Miami said well, we have to operate like that if we are going to have City funds and at that point all negotiations broke down until PIC decides to come back. But now what you are saying is that you want this Commission and this administration if we can't work out something with PIC, that we must do something on our own. Is that what I hear you saying? Ms. Adker: Just a minute. Do you know the percentage of unemployed in Overtown? Mr. Dawkins: Who are you asking, them or me? Ms. Adker: Well, may be you can relay it to them. Mr. Dawkins: Thank you. Ms. Adker: And listen we cannot afford to wait until PIC or anybody else makes up their time when these projects are using federal funds, whether they come through the City or whatever and that's taxpayers dollars... No, we can't afford to wait. I am here to ask for stipulations in all contracts done with whether it's local government or federal funds. r.- gl 27 May 9, 1985 J.. E Mr. Dawkins: Well, I just asked you if that's what you wanted us to do? Ms. Adker: Yes, sir. Mr. Dawkins: Ok. Mr. Manager, since we have tried to work with PIC and PIC don't seem to be able to understand our dilemma, what's our next step, sir? Mr. Pereira: My understanding and I just reviewed early this week a first source agreement and I had some questions that I raised to staff. I think we will be prepared and it's my understanding that it's a committee and this happened before I came to the City of Miami, my understanding that there was a committee established in order to work with PIC and that one of the questions... one of the big items was the fact that PIC as you sn clearly stated will not allow us to... would not go along with us in hiring people from the City of Miami. My understanding... exclusively from the City of Miami. My understanding is that the agreement that we had worked out or at least that we have now on paper and that we will bring to you is that the first preference will be for residents of the City of Miami who are in that program. If we cannot find a person that meets, you know, whatever the job description or qualifications are then they can open it, up to the larger pool individuals in the program which certainly goes beyond the geographic limits of the City of Miami. But there are a couple of other questions that need to be resolved before I bring it to the board. Ms. Adker: Just a minute. Mr. Dawkins: Hold it, let him finish. Give him the courtesy to finish Mrs. Adker. Mayor Ferre: Go ahead Commissioner. Mr. Pereira: We will be ready to bring it at the last meeting in May. I mean, at our next Commission meeting. Mayor Ferre: But Mr. Manager, it has come to my attention that once again, whether it was the previous format before PIC, which is the consortium and now with PIC, that we are not getting a fair shake. We the people who live within the boundaries of the City of Miami that belong to both the citizens of the City of Miami and citizens of Metropolitan Dade County. Now, I further understand that there are vacancies on the board that we should be recommending and that those vacancies have not been filled. So, I would like to ask you that for the next meeting we get a full report from the administration and from those members of PIC that we appointed to the board. I know Skip Chavitach is one of them and think we appointed two or three. You appointed one. Who was it we appointed? Well, whoever it is that the City of Miami appointed and I saw Skip Chavitch here this morning and I know he is one of them. We need to know exactly what's going on. Where do we stand? What their opinion is of how we have been dealt with and also, deal with whatever vacancies there are that we need to fill. Mr. Dawkins: Mr. Manager and if I'm in error Mrs. Adker, correct me. What I hear Mrs. Adker saying is we are now into the development stages and the construction of Overtown Park West. We have companies coming in now that will be building and doing construction work in the Overtown area with Federal and City dollars and what she is saying is it's time that those individuals in that area get employment. Am I correct so far? gl 28 May 9, 1985 Ms. Adker: That is correct and I don't see what the problem Is. You have a City of Miami jobs programs in there. Mr. Dawkins: Ok. Now, what I'm going to say is this. I am constantly the one who threatens to stop the Overtown/Park West Development. Now, if the things that Mrs. Adker is alluding to are not addressed, then I have no other alternative sir, but to ask that there is a continuance and that all work be stopped until these sort of problems that we have are addressed. Go ahead, Commissioner Plummer. Mr. Plummer: Let me ask this question. We are talking about, I think from what I hear, we are talking about two separate entities. One,... Ms. Adker: No. Mr. Plummer: Yes, we are. Now, let me finish. One is the hiring of people who are already qualified to do the work. That's what I think you are asking for. That the priority be given to those people in the area who do have knowledge on a skill job or on training and second portion what you are asking is as I understand it is that people in Overtown be given priority for OJT. There is a big difference. Because I want to sadly remind this Commission, Commissioner Dawkins, that pretty soon the truth is going to have to be told, that this City took unto itself last year from PIC a great amount of money to do our own in house OJT and it has fallen flat on it's face and as such this Commission is going to be responsible for reimbursing the federal government for dollars that were not properly used. Now, that going to be coming out pretty quick. So, I see it as two things. One, if you put a person to training I think that is what, twenty-six weeks? Up to twenty-six weeks? Maximum. That's not what you are really looking for. You are looking for the utilization of those people in the Overtown area where the construction is going on to be given job and that's a big difference between going through PIC. I don't think you have to go through PIC to do that. I think that you can make it as part of the Community Development issuing of grants that the first preference be given to people that live in the locale. If you want to address the other problem, the other job of training, well, I beg you to start helping the City of Miami, because we haven't done a damn thing, well, excuse me let me qualify that. Our track record has not been good of handling in house OJT. Mr. Dawkins: Let the records reflect that Commission Plummer is correct. Let the records also show that if you will check back and read the minutes that the former City Manager Howard Gary, professionally advised us not to accept that money and that we sat here and said that we can no way turn all this money back to the government and he said all right, you are going to have to repay the government. But I think that... I don't know about Mrs. Adker, but the people I'm talking about is the ones who take a wheel barrow, a shovel and do pure labor work. You don't need no training for laborers. Ms. Adker: That's right. Mr. Dawkins: See, so, I'm talking about laborers going to work with the demolition, with a shovel, a pick and what have you. Those individuals do not have to go to PIC to get any training whatsoever. Ms. Adker: That's right. Mr. Pereira: Commissioner, if I might. 91 29 May 9, 1985 i Mr. Dawkins: Yes, Mr. Manager. C Mr. Pereira: And I would have to..,, you know, 1 know the percentages, but my recollection is that the Overtown Park West Project has a very clearly defined, you know, policy on hiring, residency hiring so on and an forth. You know, it's nothing that we have not addressed in the proposals and that's just part, you know, it's part of the commitment of any developer that comes in and a pretty stringent, you know, guidelines to cover that. So,..s and again, I don't recall the exact percentages, but it is there. It is part of the... whatever agreement we, you know, we enter with any developer there is a high number of residency requirement and also, minority contractor participation so on and so forth. So, it's not something that we have ignored in that process. Mr. Dawkins: All Mrs. Adker is saying is that on I-95 we had the same legislation. No, jobs. On Metrorail we had the same guidelines. No, jobs. On the People Mover we had the same regulations and no jobs. So, what Mrs. Adker is saying, yes, we have regulations. We have stipulations, but still we have no jobs. So, what she is saying to us is damn the regulations. What she is interested in is the end product. Ms. Adker: That's right and the City Manager is right. The County stipulated for the UMPTA area.... Mr. Dawkins: Mrs. Adker, may I do this? Ms. Adker: I'm talking about the whole of Overtown. Mr. Dawkins: Ok. All right, we all know that. May I do this? May I work with the Manager and get back to you with something, then if you are not satisfied I will bring... we will come back at the next meeting with this. I will work with him and then get with you to see what we are doing and if not, then we bring it back at the next Commission meeting. Ms. Adker: You expect me to take that back to those folk under the tree? Mr. Dawkins: No, Ma'am, I'm going under the tree with you. That's who going to vote for me, the people under the tree. Ms. Adker: All right. Mr. Dawkins: All right, Ma'am. Ok. Thank you. Ms. Adker: Thank you. ------------------------------------------------------------ 10. DISCUSSION: APARTHEID POLICIES OF SOUTH AFRICA H.T. SMITH REGARDING MISS UNIVERSE ETC. ------------------------------------------------------------ Mr. Dawkins: H. T. Smith. Come in Mr. Smith, sir. Mayor Ferre: Go ahead Mr. Smith. Mr. H. T. Smith: Good morning, Mr. Mayor, members of the Commission. My first opportunity to address our new City Manager. I'm pleased to do so and City Attorney. I'm here today again, on behalf of the coalition for a free South Africa and the people of this community, first of all, to gl 30 May 9, 1985 S - sI let you know that we are pleased with the actions that the City Commission has taken in the past with regard to resolutions that you have passed supporting our efforts with regard to the Grand Prix. A lot of the people in this community do not know that the City Commission unanimously passed a resolution requesting that South Africa not be represented in the Grand Prix and we avoided what could have been bad publicity for the City and I think we did the right thing. A lot of people also, don't know that the City Commission has passed a divestment ordinance in only one of two municipalities in Dade County to do so along with Opa- Locka and I hope that it would be a model for other municipalities in this community and you to be commended for that. Mayor Ferre: And it wasn't a five year divestiture either,... Mr. Smith: It was a two year divestiture. Mayor Ferre: Like California and other places you are talking about. Mr. Smith: Yes, and the City Commission should be commended for that. Thirdly, a lot of people in this community don't know that the City Commission has already passed a resolution requesting that South Africa not be allowed to participate in the Miss Universe Pageant. Unfortunately, not withstanding the good will of the Commission and not withstanding the international outcry, the Miss Universe Pageant, Inc. seems to be adamant in it's demand that we glamourize apartheid with the participation of a representative from South Africa. That we subsides apartheid with our two hundred fifty thousand dollars in tax •y` money that's put into the pageant. Mayor Ferre: More than that. A half a million. Mr. Smith: Much more than that when you look at in -kind services and the man hours that the staff provides and that we really legitimize apartheid by rolling out the red carpet for Miss South Africa who will be participating. Let me say this, I was very very proud of what happened in terms of the national and international out cry concerning the President's visit to Bitburg and we have heard a lot about that. The symbolism of Bitburg was wrong and as a veteran of war I agree with that. I do not think that Miss Nazi Germany should be allowed to participate. I do not think that Miss Castro Cuba should be allowed to participate and I certainly do not think that Miss South Africa should be allowed to participate. If the symbolism of the President going to Bitburg is wrong, then the symbolism that we are getting from Johannesburg is equally wrong. We must judge human rights by one yard stick and I suggest to you that to allow Miss South Africa to participate in the Miss Universe Pageant is putting this community on an unnecessary collision course. The Miss Universe Pageant is one of the... in terms of the publicity of the City, in terms of revenues, etc., I think it's something that the City should 1 be commended for for attracting. The Mayor appointed me along with others to help negotiate the contract with the Miss Universe Pageant and I think the City got a good deal, but this whole process can be forever damaged in the atmosphere that we have here today if Miss South Africa participate. I assure you that if Miss South Africa parades as this commercial say, I think it was a commercial for an !� airlines, "We really move our tails for you". If she s intends to do that in Miami this year, I suggest to you that it cannot do anything, but in inevitably lead to a national G focus on Miami, by TransAfrica, by the Coalition. We are h gl 31 May 91 1985 a ' going to ask my good friend Ray Fauntroy with the Free South Africa movement to join us in protesting this. We don't =` need this for our community. We are hopeful that the City Commission will go beyond its resolution and in its strongest possible terms let the Miss Universe Pageant Incorporated know that they are risking the subsidizing of tax dollars, if they continue to insist on allowing Miss South Africa to participate. Mr. Dawkins: What you want us to do? Mr. Smith: We are asking the City Commission to do the following at this time. To communicate in writing with the Miss Universe Pageant that in addition to passing the resolution the City Commission... I want to use the proper words... Mayor Ferre: See fortunately, you are a lawyer and that's... Mr. Smith: The threat... yes, and I know about contracts. ' Contracts was one of my better subjects. . Mayor Ferre: Tell us... Is that the one you got a good r' grade on? Mr. Smith: I got a pretty good grade in that one, yes. I understand contracts. That the... 14iw Mr. Dawkins: Let me see if I can help you while you are s thinking. Mr. Manager through you to Mr. Odio, can I ask him what we have done to ensure that South Africa hasn't my come, through you, sir please. "= Mr. Pereira: Cesar. r{ Mr. Odin: Commissioner, I have met with the Miss Universe . people in New York about a month ago and addressed them with the concern of the City Commission. I met... well, besides that I followed with a very strong worded letter that I I think the Mayor read about two weeks ago here. am going :- to meet with them Saturday in Lakeland and again, try to convince them that they should not bring Miss South Africa here if possible. They have not replied by the way to our request in New York as of now. There is a change in management and the new president had asked for time for him to address the president of Paramount Pictures with this problem. I sent him a certified letter following up my letting requesting that an answer must come forth. The result of that is that I'm meeting with him Saturday in Lakeland. Mr. Smith: Let me tell you what I'm concerned about when you reply. Mayor Ferre: H. T. let me add just two phrases to this and then may be you might have an answer for us. You and I had lunch about a month ago, may be it was five, six weeks ago. After that the very following day we had a Commission meeting and I did exactly what I told you I was going to do and the resolutions, I will be happy to get them to you from the Clerk. Mr. Smith: I have a copy Mr. Mayor. Mayor Ferre: All right, now that was the direct results of our meeting. Now, I noticed here from Bennett Cert a letter =- dealing with my position and our position, because we all voted on it with both the Prince Concert and Mother Mary Ignatiius or whatever the name of that. Remember that in... gl 32 May 9, 1985 those are offensive things to some of us and not so to :. others, but since we have a major catholic population in the - City....Just like Boston and the Mayor of Boston went out and picketed himself on Mother Mary Ignatius tells it all is. the name of the play. We presented our protest. Now, the press went wild on this and there was a big A misunderstanding. We didn't band Mother Ignatius We didn't band Prince. We can't tell Prince not to come here. That's a public facility. If he pays the bill, the promoters, they got a right for Prince to sing. I don't care what he does or what he stands for and the same thing goes for Mother Ignatius Now, I want to tell you and I have in the past and I repeat it again publicly and Roy, 1 want you to listen to this. 1 am with you one hundred per cent and 1 think this Commission is with you in spirit and in action. Apartheid is every bit as bad as Nazism. When people are tortured or killed or thrown in jail and kept incomunicado it doesn't matter whether they are White or Black, whether they are Jews or Christians, whether it happens in the prisons of Fidel Castro or it happens in the prisons of Pinochet, Chile. There is a substantial difference. I realize that a lot of people say that one cannot compare what happens in Chile with what happens in Cuban. Other say that you can't compare what happens in Cuban with what's happening in South Africa or that the Jews say that you can't compare that with atrocities and Richard Rosichan wrote a very beautiful letter the other day and I think he is right. One thing is to die wearing a uniform as a soldier and we all mourn that, but anything is to die as a child without having committed any sin other than being a Jew. Now, what is happening in South Africa is an anathema to everything we believe in as a nation. People cannot be denied rights, just because they happen to be Jewish or they happen to be Black. Now, we all subscribe to that. The question is in the implementation of what we believe in. Now, we pass the resolutions on the way we invest our money and no monies to be invested in companies that do business with South Africa. We have gone along with your brilliant move on the Krugerand and I think you were successful and we stopped the trading... you stopped the trading, you and your associates of Krugerand. We were successful with the race and Ralph Sanchez was helpful in that. I commend you for your tenacity on this. I will do everything and anything and will vote with anything and everything that is within the law. What we cannot do is... and I'm glad you are a lawyer and I said that advisedly, is we cannot arbitrarily, unilaterally go out and knowingly violate the law. Now, I don't know whether these people have rights. They are not American citizens, but I guess they have rights anyway and I don't know what the contractual obligation is with Miss Universe. I think you are right from a practical point of view, this is not only going to cause us major embarrassment. I think it will become a national scandal. I think there will be people here from all over America picketing and if I were Miss Universe and it is my opinion that they are out of their minds if they pursue this and I will go to New York with you and I will be happy to do that. There is a new manager now of Miss Universe. With all due respects to Harold Glasser, he didn't seem to understand this and I will go with you and I think if you want and I think the City should pay for your trip. You can take a day out of your schedule, we will go up and Miller or whoever else wants to join us. We need to go up to New York and see these people at their office and tell them, this is a major matter and unless you comply we are all going to be serious trouble. Mr. Smith: Well, Mr. Mayor, I appreciate that. Number one, I would be willing to go anyway. Number two, I will pay my own way and although, I appreciate the gesture. Number three, the urgency of the matter is that there are national gl 33 May 9, 1985 r= 1 .6 forces in communication with our organization. I'm trying to nip this in the bud before it gets out of our hands. It will become more than just the racial aspect of the South African participation, but there are those who don't think there should be a beauty contest. There are those who have all kinds of gripes and I want to try to see if we amongst ourselves here in Miami, it's our community, can work this thing out. We have to live here after all these other people leave. When Miss South Africa leave we have to live here together. When the demonstrators from all over the County leave we have to live here together and just as we were successful in working together to prevent South Africa from participating in the Miami Grand Prix, before national forces got involved, I'm hopeful that we can take this off of the back burner and put this matter on the front burner and let Harold Glasser and Miss Universe Pageant know... Mayor Ferre: He is gone. Mr. Smith: He is gone. I'm sorry. The Miss Universe Pageant to know just how critical this is to our community. We don't want it. You don't want it and certainly the community doesn't need it. And That the appeal that we make to you today. Mayor Ferre: What are you recommending we do? Mr. Smith: Well, we are recommending first of all that with regard to the up ---I didn't know there were upcoming meetings. With regard to upcoming meetings that they it be impressed upon them that there will be national consequences etc. Secondly, I would like to take you up on your offer. I would like to be involved in the negotiation and the discussion. And I would be willing to travel any where, not speaking for the City, speaking for me and my organization at my expense any time, any day. Mayor Ferre: Absolutely. Mr. Carollo: Mr. Mayor. Mayor Ferre: Yes, sir. Mr. Carollo: I can't help but to think that if we are going to request of the Miss Universe Pageant not to allow a representative of the Country of South Africa, not a representative of the government, then for reasons that have been stated here then how can we at the same time ignore girls that come representing their countries, whether it be Poland like last time or Yugoslavia or whatever. You know, it seems somewhat, you know, hypocritical to me and some what of a double standard. Mr. Mayor, I think that we have to differentiate between representatives of governments and representatives of people. Per se, the Polish people for instance, are very catholic, very religious. I think for the most part most Polish people are anti -communist. They would like to do away with the form of government that they have, but unfortunately, they have a gun to their heads, just like South Africans have a gun to their heads in a different manner. Mr. Smith: Oh, no, absolutely not. I wish that the situation was the same for South Africa, but it is not. r Mr. Carollo: Well, nevertheless, there is a lot of similarities and the point that I'm making here is that when we had the Miss Universe Pageant last year, the girl that was the runner up to Miss Universe and representative of the Country of South Africa, she wasn't here campaigning in favor of Apartheid or in favor of the South African gl 34 May 9, 1985 government. All that she was here was representing her country and her country means Black, White and everything in between, just like. Mr. Smith: Well, would you support Castro's Cuba being represented in this universe pageant? Mr. Carollo: Let me say this to you Mr. Smith. Mr. Smith: Would you? Mr. Carollo: No, let me say this to you. Mr. Smith: Would you answer that one? Mr. Carollo: This is not... Mr. Smith: That's a fair question. Mr. Carollo: No, let me say this... Mr. Smith: If it's good for Cuba, it's good for South Africa. Mr. Carollo: I have been listening to you all day. Mr. Smith: Ok. I apologize, go ahead. Mr. Carollo: Now, if you would let me speak, I would be more than happy to. The difference is that in Castro's Cuba, there is no freedom whatsoever. The government dictates who would come. That is not the case in the Country of South Africa. The government of South Africa is not dictating who is coming. That's a big difference. Now, if any of these Countries, I don't care which one it is and I'm not limiting it to South Africa. I'm including Poland and Yugoslavia that came here last year. If the representatives of those Countries, the girls that represent those Countries would use their position as a platform to try to present the point of view of their respected governments, then that's a whole different ball game, but that has not been the case and then what it comes down to is where are we going to draw the line? Mr. Smith: Well, obviously, you are drawing it at Cuba. We are saying that you should draw it with South Africa too. Mr. Carollo: No, no. Mr. Smith: If Castro's Cuba allowed a beauty queen to come here, she wouldn't be coming here advocating Castro's policy. She would be coming here advocating beauty and poise and talent, but it's wrong to have someone here from Castro's Cuba. It is spitting the face of our Hispanic community and I would stand with you against that. Mr. Carollo: That's correct. haven't in the past Mr. Smith. Mr. Smith: You name one time. You said you would, but you Mr. Carollo: Prime examples that I can give you right now and for the benefit of the Miami Herald and those that always accuse me of getting into international affairs when it's not to their benefit and when it not to their liking and don't accuse others that get into it when it's to their benefits. I ask you this... Mr. Carollo: I ask you this and let me... gl 35 May 9, 1985 Mr. Smith: I have never supported Castro. Mr. Carollo: Let the put this on the record clear. I think that the government of South Africa is committing one of the worst atrocities in this day and age, but not as bad as what is going on in the Soviet Union or Cuba or other Countries. Because at least there are some freedoms there and I do no agree with the form of government they have in that Country whatsoever. So, let me set that right. Mr. Smith: I appreciate that. Mr. Carollo: At the same time I haven't seen any of the people that represent your groups or any of these other people that are marching nationally against the government of South Africa marching against the government of Moscow, the government of Havana nor the governments of Angola or the former Country of Rhodesia, that after they were overthrown because supposedly the governments there were bad, the Blacks in those Countries now are the ones that are suffering every worst, because the Blacks that are being murdered in those Countries no one is speaking about and there are more Blacks that being murdered in Angola today, more Blacks that are being murdered in the former Country of Rhodesia, Ethiopia today under the governments that supposedly were going to open up the way for freedom then there ever were in the previous governments that they had and this is the point that I'm trying to make. Just like in Nicaragua supposedly, by doing away with Somoza everything was going to be great. Well, there are more people being killed their today, more suffering going on today than were before. Mr. Smith: Well, you know, you are an excellent debate in a position where you have the upper hand, because you are : Commissioner and I'm not. I would like to debate you any s.., time, any place on a issue on fair terms, but the record is clear, unequivocal that you would not support Castro's Cuba being in the Miss Universe Pageant, but that you do support South Africa, a nation, a nation that in 1985 fifteen years before the 21st century is the only nation on the face of the earth that has racism inscribed in its constitution and its laws. A nation where Black people live on only thirteen h,F per cent of the land and cannot live where they want to live. A nation where Blacks are not a part of the parliament. A nation where Blacks cannot vote. 3="K- Mr. Carollo: And I have been in full agreement with you in � all of that. Mr. Smith: Excuse me, you said not to interrupt you. A nation where Blacks have to move around based upon passes. A nation where there is no right that a Black man has that a White man has to respect. A nation where there are more political prisoners in that nation than any other.... in the Continent of Africa. A nation where Blacks cannot even own land no how much money they own, but you support their participation, but not Castro's Cuba participation. That's on the record. But if you want to debate this in a fair setting where we have fair rules where you are not Commissioner Carollo and I'm citizen and taxpayer H. T. Smith, I will be happy to do that. Mr. Carollo: Mr. Smith, let's not kid each other. You have had just as much ample opportunity here, in fact, more than I have because as a Commissioner I have to kind of stand back a little bit and not be as voiceful as you, sir. So, you know that well, but I say this to you. I would be more than happy to debate the whole overall issue with you on any television program that would be fair and objective where we gl 36 - - May 9, 1985 7 could both pick different reporters from respected newspapers around the Country or the World that would like to ask questions. .;: Mr. Smith: Well, we have the meeting here and an invitation may be forthcoming and I look forward to it with great anticipation. Mr. Carollo: We are in agreement and the Government of South Africa. Where we are in this agreement on Mr. Smith is that you are only campaigning against that government, but you are not campaigning against all these other governments. For instance, prime example, the Cuban troops that are presently in Africa, whether it Angola or Ethiopia or other parts of Africa. They have respectively killed .. more Black Africans on any given year than all the Black _ 1 Africas that have been killed inside the Country of South Africa. I don't see you shouting against that whatsoever. Mr. Smith: Well, we will debate it. We will debate it and I will see whether you will accept the invitation or whether you will find an excuse to get out. You have to be out of Z., a. town or whatever. r-:.. Mr. Carollo: I don't find excuses. Y. Mr. Smith: We will see. ;. Mr. Carollo: I go and face things head on Mr. Smith. Mr. Smith: Ok. Well, I respect you for that. That's one -` thing I do respect you for........ r Mr. Carollo: Well, I tell you, you know, I want to see a change in the government of South Africa. A change that will give people all the same equal rights, but I don't want ,. to see is a replacement of a bad racist government for one t; that's going to worse and more racist that's going to be led a, by the Soviet Union so that they can control the whole k-' Southern tip of Africa. =` Y Mr. Smith: Well, that's just want happened in Cuban. They {t: got rid of Batista and wind up with Castro. That's always a .` possibility. But if you believe in human rights there is no way you can support Miss South Africa coming here. Not and look yourself in the mirror in the morning. 'r* Mr. Carollo: She has nothing to do with the Government of South Africa. Mr. Dawkins: Mr. Smith, we are going to do whatever we can and like you said I'm going to get the date that Mr. Odio is to meet with the people Lakeland and I will get it back to you and Saturday... Mr. Odio: This Saturday. Mr. Plummer: This Saturday. Mr. Smith: I'm available. Mr. Dawkins: Ok. Then will you get with him sir. Mr. Manager, is it all right if Mr. Odio get's with Mr. Smith to set up the date. Mr. Carollo: To the Manager and my colleague, is this also going to include the same policy for representatives of k= Poland, Yugoslavia or any other communist or totalitarian regime that might send a representative from their Country here? h S1 37 May 91 1985 - -7 4 Mr. Smith: When Mr. Smith opened... Mr. Carollo: I'm asking a question. Mr. Dawkins: When Mr. Smith opened his statement I think he prefaced it by saying any country that had oppressive laws should not be allowed tn send a representative. Now, since we are on this I am happy to see Black people finally stand up and take a position. Every time you read the newspapers the Jews do not let you forget that Hitler murdered thousands and thousands of Jews, but at the same time that Hitler murdered thousands of Jews Musolini murdered thousands of Ethiopians, but you don't see nothing in the paper that Ethiopians were slaughtered by Musolini. Why, because we as Black people have failed to go back as the Jews and be sure that each year is impressed on the minds of the people in America that Hitler murdered six million Jews. So, if this is a begin to make the world aware that Black people are being treated unfairly any where on this hemisphere, then I'm proud to be a part of it. All right, sir. Mr. Smith: Thank you. ------------------------------- -------------------- --------- 11. ALLOCATE 1/3 OF $10v000 IN CONNECTION WITH LOWENBRAU EVENT COLLECTION OF MOVIES FEATURING BLACK ARTISTS SUBJECT TO IDENTICAL FUNDING FORM SCHOOL BOARD AND METRO ------------------------------------------------------------ Mayor Ferre: Any other... Mr. Dawkins: Yes, sir. Mr. Mayor, for the sake of brevity, Mr. Carlton. Mayor Ferre: Roger Carlton. Mr. Dawkins: Can you do what you are going to do in three minutes, sir and then I will... because we are running out of time and I have... I have been spending... We still got three other Commissioners to present pocket items. Go ahead Roger. Mr. Roger Carlton: Quickly Mr. Mayor and Commissioners, there is a program being put together under the sponsorship of Lowenbrau with a non-profit group that has brought together a collection of movies that feature the evolution of Black artists and their role in movies and in the media and there is a memo in front of you that... Mayor Ferre: It's a great program. What can we do for it? Mr. Carlton: We are asking two things really. The first thing is that we are asking for ten thousand which one third would come from the City, one third from the County and one third from the School Board to bring in disadvantaged students to fill all the sits. Mayor Ferre: Now, you make the motion Miller? Mr. Dawkins: Ok. I make the motion because I told Mr. Carlton, Ms. Judy Drucker, every time she brings the Down Dancers or whatever it is, she goes to the School Board and she gets a ton of money Mr. Mayor from the School Board to -_ take underprivileged... gl 38 May 9, 1985 Mayor Ferre: And from us. Mr. Dawkins: ...children on the Beach to see the Aliagda Dancers. Mayor Ferre: We paid for Placido Domingo. I think it was twenty-five thousand dollars we gave. Mr. Dawkins: So, the School Board should take the first initiative in providing money for this. If they do, then I make a motion that we match whatever the School Board and the County match. Mr. Plummer: Second. Mayor Ferre: Further discussion on that motion? Call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 85-467 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE ONE THIRD OF A $10,000 ALLOCATION REQUEST IN CONNECTION WITH A PROGRAM UNDER THE SPONSORSHIP OF THE LOWENBRAU COMPANY WHICH HAS BROUGHT TOGETHER A COLLECTION OF MOVIES FEATURING THE EVOLUTION OF BLACK ARTISTS AND THEIR ROLE IN THE MOVIES AND IN THE MEDIA; SUBJECT TO THE SCHOOL BOARD AND METROPOLITAN DADE COUNTY LIVING UP TO THEIR OFFER TO EQUALLY MATCH THE CITY OF MIAMI'S PORTION. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. Mr. Dawkins: Ok. The second half of the motion is the promoters in order to I guess stimulate interest in this have agreed that they would take one charitable organization in the Black community and give it a portion of the proceeds. Since the Upgrove Theatre has been to us numerous of times for funds I would like for this Commission to recommend to the promoters that they give whatever proceeds they are going to give to the Upgrove Theatre. Mayor Ferre: Is there a second? Mr. Plummer: Second. gl 39 May 9, 1985 Mayor Ferre: Further discussion, call the roll on that. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 85-468 A MOTION OF THE CITY COMMISSION RECOMMENDING TO THE PROMOTERS OF THE "EVOLUTION OF BLACK ARTISTS" MOVIES PROGRAM, THAT SINCE THEY HAVE OFFERED TO CHOOSE ONE CHARITABLE ORGANIZATION IN THE BLACK COMMUNITY TO GRANT THEM A PORTION OF THE PROCEEDS FROM THEIR EVENT, THAT THEY SHOULD SO GRANT SAID PROCEEDS TO THE UP GROVE THEATRE GROUP. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissione- Demetrio Perez, Jr. ' Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. 4 Mr. Dawkins: In the effort of time Mr. Manager, this afternoon I would like for you to tell me nn Item 47 what we are going to do with the money we get from selling the ar . excess film and the other thing is I would like for you to tell me why at Hadley Park we do not have anything to keep ` up the baseball diamond and no clay and also the number of personnel that are now employed at Jose Marti Park, Moore Park and Hadley Park and for the sake of brevity I will hold off. , -------------------------- —�---w—��-------ter-----..�..��� `ri , tom 12. ALLOCATE ADDITIONAL $69000 TO UPGROVE THEATRE GROUP MAKING A TOTAL ALLOCATION OF $10,000 p�. Mayor Ferre: All right, now wait a minute, before we get off of Upgrove Theatre I see the gentleman from Upgrove Theatre. Would you step forward. As I understand we gave you four thousand dollars last time and we said that if you got a ten thousand dollar contribution from Metropolitan Dade County we would match that. Now, it's my understanding you have done that? Is that correct? Mr. Morgan: That is correct. Mayor Ferre: All right, just to save you some time I would �move that the City of Miami therefore, live up to its commitment and increase the four to ten and therefore, match Metropolitan Dade County, so that you will then be receiving twenty thousand dollars from both governments. Mr. Dawkins: I second it under discussion. Have you received the four thousand dollars? Mr. Morgan: We have not received the four thousand dollars. gl 40 May 99 1985 Mr. Dawkins: Ok. Mr, Manager, I called... I mean, he was in my office. I called the Law Department and the Law Department said that the agreement was in their office. So, then they sent it back to you, Frank? And for two weeks Mr. Manager, I have been trying to get... They say all they need is an agreement signed by him for two weeks. Now, is there anyway we can get him a check this afternoon, sir? Mr. Pereira: Yes, that should be no problem. My understanding was that he had come in with a request, you know, obviously, higher than the four thousand dollars, but getting the agreement signed... I don't know what is the problem. Is it getting tied up in the bureaucratic non- sense? If it is let's get it out of the bureaucratic non- sense please. Mr. Dawkins: Go over there now and get your check this afternoon. Mayor Ferre: All right, are we ready to call. Mr. Dawkins: Yes, sir, call the question Mr.... Mayor Ferre: All right, call the question. Mr. Plummer: No, let me just enter in discussion so that you don't go away from here fully knowledgeable. You are getting this grant now, but I want you to know the policy of this Commission starting in the new budget year. There will be no dollars available next year. Mr. Morgan: Yes, I have your letter on file. Mr. Plummer: Ok. Mr. Morgan: Thank you. Mayor Ferre: Call the roll. The following motion was introduced by Commissioner Ferre, who moved its adoption: MOTION NO. 85-469 A MOTION ALLOCATING AN ADDITIONAL $6,000 TO THE "UPGROVE THEATRE GROUP", IN ADDITION TO A PRIOR ALLOCATION OF $4,000, FOR A TOTAL $10,000 ALLOCATION BASED UPON THEIR STATEMENT THAT METROPOLITAN DADE COUNTY HAD COMMITTED TO MATCH THE CITY'S FUNDS. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. -------------------------------- ---------------------------- 13. EXPRESS FULL SUPPORT OF PRESIDENT REAGAN IN REGARD TO THE TRADE EMBARGO RECENTLY IMPOSED AGAINST NICARAGUA. gl 41 May 9, 1985 iiii.....ii ii.YY` ii------iiii.ri ll.i i i.Y i i i i i ifi ii i ii-i---i-�Ti Mayor Ferre: All right, Commission Perez. Mr. Perez: Mr. Mayor, you know, I think that all of us are very familiar with the international situation about the support to the Congress of the United States and the reaction, especially in the European capitol about the presence of President Reagan there. I would like to present the motion today to this Commission expressing full support of the trade embargo against the government of Nicaragua imposed by President Reagan; Requesting that the Dade County Commission adopt strict measures in enforcing the trade embargo at the Miami International Airport and at the Port of Miami, declaring as persona non grata all representatives arriving in the city from the Sandinista government of Nicaragua and all representatives of commercial enterprises to contribute to the strengthening of said Sandinista government. Further directing the City Clerk to send a copy of this resolution to President Reagan, Vice -President Bush, all members of the United States Congress and all members of the Dade County Commission. That's the motion that I would like to introduce. Mayor Ferre: Is there a second? Mr. Plummer: Second. Mayor Ferre: All right, call the roll. The following resolution was introduced by Commissioner Perez, who moved its adoption: RESOLUTION NO. 85-470 A RESOLUTION EXPRESSING FULL SUPPORT OF THE TRADE EMBARGO AGAINST THE GOVERNMENT OF NICARAGUA IMPOSED BY PRESIDENT REAGAN, REQUESTING THAT THE DADE COUNTY COMMISSION ADOPT STRICT MEASURES IN ENFORCING THE TRADE EMBARGO AT THE MIAMI INTERNATIONAL AIRPORT AND THE PORT OF MIAMI; DECLARING AS PERSONA NON GRATA ALL REPRESENTATIVES ARRIVING IN THE CITY FROM THE SANDINISTA GOVERNMENT OF NICARAGUA AND ALL REPRESENTATIVES OF COMMERCIAL ENTERPRISES WHO CONTRIBUTE TO THE STRENGTHENING OF SAID SANDINISTA GOVERNMENT; FURTHER DIRECTING THE CITY CLERK TO SEND A COPY OF THIS RESOLUTION TO PRESIDENT REAGAN, VICE-PRESIDENT BUSH, ALL MEMBERS OF THE UNITED STATES CONGRESS AND ALL MEMBERS OF THE DADE COUNTY COMMISSION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. gl 42 May 9, 1985 ABSENT: None. 14. PROCLAIM WEEK OF JUNE 30 TO JUL.Y 4 AS FAITH WEEK IN THE CITY OF MIAMI- WAIVE FEE FOR MARINE STADIUM. idi-----r iiG Qft"a----ii----------�li--iG-----i Mr. Perez: Mr. Mayor, I would like to recognize Reverend that you presented a proclamation. Ok. First I have a resolution for the event of the faith that they are going to celebrate from June 30th to July 4th, that I would like to move a resolution proclaiming and declaring the weeks of June 30th to July 4th as the faith weeks in the City of Miami. And also, I would like to move that we approve the fee waiver of the function that they are going to have for the... where is it? At the Miami Stadium. Could you come to the podium? What is the cost of the function? SPEAKER UNKNOWN: Excuse me. Mr. Perez: What is the cost? SPEAKER UNKNOWN: The cost. We spent last year seventeen thousand dollars and this year we are going close to fifteen thousand. Mr. Perez: Yes, but that's the total function. But how much you are supposed to... Mr. Manager, are you... Mr. Pereira: It's a two thousand dollar rental fee from... it's my understanding for the... Mr. Perez: So you recommend? I think that we have that last year we support this event, the Orange Bowl. Mr. Pereira: Yes, I just have an agreement here... let me ask... you can just hold on a second. Mr. Perez: Could we vote for it in principle pending for the City Manager's recommendation? Mayor Ferre: All right, there is a motion on the floor, is there a second? Mr. Plummer: I will second it. Mayor Ferre: Further discussion. Call the roll. The following resolution was introduced by Commissioner Perez, who moved its adoption: RESOLUTION NO. 85-471 A RESOLUTION PROCLAIMING AND DECLARING THE WEEK OF JUNE 30TH TO JULY 4TH AS THE "FAITH WEEK IN THE CITY OF MIAMI, FLORIDA"; FURTHER APPROVING IN PRINCIPLE A FEE WAIVER AS REQUESTED BY THE EVANGELICAL MNISTRY N CONNECTION WITH AN EVENT TO BE HELD AT THE MARINE STADIUM DURING SAID WEEK. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) gl 43 May 9, 1985 rr 0 Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice•Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. -w-www----r-ww-ww-irw�wrrrrwlll.lrr����r.r��r�rfi.�wrrwi�.r li`w��r�w if�ri� 15. GRANT REQUEST OF DOWNTOWN MERCHANTS ASSOCIATION FOR DOWNTOWN SIDEWALK SALE MAY 110 9 TO 6 P.M. . -r--w-w-----w - -ww-r-w----r-r-w--- w-ww-rwrw w-w-----w--r- r-w-- Mayor Ferre: All right, anything else. Commissioner Plummer. Mr. Plummer: Mr. Mayor, the only one of importance that I have is that Mr. Willie Gort of the Downtown Merchants has asked a Downtown sidewalk sale on May 11, 1985 from 9 to 6 P.M. on Flagler Street. They would like approval for such and I so move. Mr. Perez: Second. �- Mayor Ferre: All right, call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: " r MOTION NO. 85-472 A MOTION GRANTING A REQUEST MADE BY MR. WILLIE GORT, AS REPRESENTATIVE OF THE DOWNTOWN MERFCHANTSI ASSOCIATION, AUTHORIZING SAID GROUP TO HOLD A .r. "DOWNTOWN SIDEWALK SALE" ALONG FLAGLER STREET p ON MAY 11, 1985, FROM 9: 00-6: 00 P.M. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. rw -w wr-r-r rwrw wow-wr--w-rwrwwwr-w--r-wrr-rwww-w---rrr rwrww -- i 16. DISCUSSION: SCHEDULE FUNDING OF D.D.A. FOR NEXT MEETING MGR. TO FURNISH COPY TO PROMOTERS OF FESTIVALS REGARDING NEW CITY POLICY OF FUNDING rr-wwrwr-r--rww-wwww-wr-r-r-r w-r-w-r-r---rww-rw-w-ww- r -rwww- gl 44 May 9, 1985 i Mr. Plummer: Mr. Mayor, I would like for the next meeting that we schedule the DDA. It had been the request of this Commission last Year that they start letting us know what they are going to do about the funding for DDA in the coming year. Mayor Ferre: Yes, that's coming up. Mr. Plummer: Well, 1 would like to schedule it for the next meeting and not get it too close to budget time. Mayor Ferre: No, no, it's scheduled for the next meeting. Mr. Plummer: It' is? Mayor Ferre: Absolutely. months ago. Mr. Plummer: All right, sir. It was passed by the DDA two I was unaware. Mayor Ferre: And they are coming up with a specific recommendation that requires City approval and I will tell you what it's going to be. They are recommending that it be a split funding between the County and that the County pay for half of it. Mr. Plummer: The other item I would like is Mr. Manager I would like a copy of the letter that was sent out informing the people that are the recipient of festival money. I have not seen a copy of that letter. Mr. Pereira: Oh, it went out. We will get you a copy. Mr. Plummer: I asked to be shown it before it went out, but obviously, it's already gone out. ------------------------------------------------------------ 17. MAYOR READS LETTER CONCERNING PLIGHT OF COMMERCIAL FISHERMEN PRESENTLY LOCATED IN AREA OF BAYSIDE CONSTRUCTION. ------------------------------------------------------------ Mayor Ferre: All right, anything else Mr. Plummer? Mr. Plummer: No, sir. Mayor Ferre: All right, I have other items that are in the interest of time I'm just going to bring one thing. There was a letter this morning by Mr. J. C. Dobson, Miami and it reads... the headline in the Herald this morning was "Don't live fishermen high and dry". I need to tell you that I was impressed by the logic of what Mr. Dobson says. He is obviously, a fisherman and he has been here for twenty years. It's his business. It's his livelihood and in effect what he is saying is that he is all for Bayside and it's a great project, but that in effect we have been slowly chasing away the commercial fishermen from doing business in Miami and I think he is right and I think we need to do something about it. Mr. Manager. I... What? This is the end of the... as I said I will hold up my other pocket items, but out of... I would like to get this one on the record. I would like Mr. Manager, for you as quickly as possible and may not be by the next meeting, but certainly may be in June for you to give us a report and I think the City of Miami should go out of its way to facilitate the commercial fishermen appropriate docking and storage spaces for boats at a reasonable fee so that these people can maintain their commercial operations and make a decent R gl 45 May 9, 1985 M livelihood. I would point out these are working people. These are not free loaders. They are not loafers. These guys have a tough time making ends meet. That's hot an easy business. Believe me commercial fishing is a rough tough business. You got to get up at three in the morning. You got to be out there and you got to take care of your equipment. It's not an easy business and I think the City of Miami should do everything within its power to help these people survive and I think it ought to be in such a way that we can also patrol it and control it so that those that are not so clean and who involve themselves sometimes in drug business can be properly surveyed and watched. But the point is that those that are honest people that are just making a living out of this, that we ought to not abandon them and I think it's absolutely fair that we.... We have got plenty of waterfront property and there may be a way for us to accomplish this. I think we are scheduled to be back here at 2. All right, then 2:30. -------------------------- ---------------------------------- 18. ALLOCATE $509000 TO THEODORE ROOSEVELT GIBSON MEMORIAL FUND UNITY AND COMMUNICATIONS CENTER --------------------------------------- ----------- ----- ----- Mrs. Thelma Gibson: Mr. Mayor, mine is just two minutes. Mayor Ferre: Yes, Mrs. Gibson. Mrs. Gibson: Mine is just for an approval from the Manager. Mayor Ferre: Oh, I'm sorry, you are right. I apologize. Mrs. Gibson: And I could go. I don't even have to speak. I have worked with the staff. Mayor Ferre: All right, Mrs. Gibson has requested... this is the Gibson Unity and Communication Center Objectives. There is no dollar amount Mrs. Gibson. Mrs. Gibson: Yes, we worked it out. Mayor Ferre: All right, Mr. Manager. Mr. Pereira: Yes, we met with the members of the foundation. We are making a... (COMMENT OFF THE PUBLIC RECORD). Mayor Ferre: All right, Mr. Manager continue. Mr. Pereira: Mr. Mayor, at the direction of the Commission we met with the program. We are making a recommendation that fifty thousand dollars be appropriated for the Theodore Gibson Memorial Fund and... Mayor Ferre: Did you say fifteen? Mr. Pereira: Fifty. 5-0. Mayor Ferre: All right, you have heard the recommendation. Mr. Plummer: I make the motion. Mayor Ferre: Is there a second? Mr. Perez: Second. Mayor Ferre: Is there further discussion, call the roll. gl 46 May 9, 1985 LM The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 85-473 A RESOLUTION ALLOCATING $50t000 FROM THE FY184-85 GENERAL FUND, SPECIAL PROGRAMS AND ACCOUNTS; CONTINGENT FUND, TO "THEODORE ROOSEVELT GIBSON MEMORIAL FUND, INC." FOR THE PERIOD JUNE 1, 1985- MAY 319 1986, IN SUPPORT OF THE THEODORE R. GIBSON UNITY AND COMMUNICATIONS CENTER; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENT WITH THE AFOREMENTIONED ORGANIZATION IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. WHEREUPON, THE CITY COMMISSION WENT INTO A RECESS AT 12:10 P.M., RECONVENING AT 2:47 P.M., WITH THE FOLLOWING MEMBERS PRESENT: Commissioner Dawkins Commissioner J. L. Plummer Mayor Maurice A. Ferre ABSENT: Commissioner Demetrio Perez Vice -Mayor Joe Carollo Note: Minutes were approved at this point as per agenda. ------------------------------------------------------------ 19. APPROVE SIDEWALK ART SHOW: COCONUT GROVE ARTISTS GROUP SELECTED DATES IN MAY, JULY AND AUGUST 1985. ------------------------------------------------------------ Mayor Ferre: There is a gentleman here on Item 2 of the consent agenda. It is authorizing the Coconut Grove Artists Group to hold the Summer season art show series on Commodore Plaza. Do you have any... Are you opposed to it? SPEAKER UNKNOWN: No, I'm here for it. Mayor Ferre: All right, is there a motion in favor of this? Mr. Plummer: So move. Mayor Ferre: Is there a second? Mr. Dawkins: Second. Mayor Ferre: All right, on Item #2, further discussion. Call the roll on Item #2. The following resolution was introduced by Commissioner Plummer, who moved its adoption: 47 _ gl 7 RESOLUTION NO.85-474 A RESOLUTION AUTHORIZING THE COCONUT GROVE ARTISTS GROUP TO HOLD THE SUMMER SEASON ART SHOW SERIES ON COMMODORE PLAZA ON THREE DATES TO BE SELECTED IN MAYO JULY AND AUGUST, 1985, CONDITIONED UPON THEIR BEING NO ACCESS BARRIERS TO SHOPS LOCATED ON COMMODORE PLAZA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio J. Perez, Jr. Vice -Mayor Joe Carollo ------------------------------------------------------------ 20. ACCEPT BID & NEGOTIATE LEASE OF CENTRUST REALTY COMPANY LEASE GROUND FLOOR RETAIL SPACE IN MIAMI CONVENTION CENTER PARKING GARAGE. ------------------------------------------------------------ Mayor Ferre: All right, we are now on Item 41. Mr. Plummer: Mr. Mayor, on Item 41 with the full understanding that it has to come back to us before it is permanently and that seventeen fifty is a minimum rental and the years of option are open, I move Item 41 with those understandings. Mayor Ferre: Is there a second? Mr. Dawkins: Second. Mayor Ferre: Further discussion? All right, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 85-475 A RESOLUTION ACCEPTING THE LEASE PROPOSAL OF CENTRUST REALTY & CONSTRUCTION COMPANY TO LEASE THE GROUND FLOOR RETAIL SPACE IN THE MIAMI CONVENTION CENTER PARKING GARAGE, LOCATED ON A SITE BOUNDED BY SOUTHEAST SECOND STREET, SOUTHEAST FIRST AVENUE, DOWNTOWN DISTRIBUTOR I-95 (S.R.D. 854) AND HALL-BELCHER TRACT (HOWARD JOHNSON'S INC. PROPERTY); AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE A LEASE AGREEMENT, WITH CENTRUST REALTY & CONSTRUCTION COMPANY; AND FURTHER DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED LEASE AGREEMENT TO THE COMMISSION AS SOON AS PRACTICABLE FOR CONSIDERATION AND APPROVAL BY THE CITY COMMISSION PRIOR TO THE EXECUTION OF SAID CONTRACT; FURTHER CORRECTING A SCRIVENER'S ERROR IN RESOLUTION NO. 85-98, WHICH AUTHORIZED THE ISSUANCE OF A REQUEST FOR PROPOSALS (RFP) FOR SAID LEASE BY AMENDING SECTION I OF SAID RESOLUTION TO HAVE THE AMOUNT OF RETAIL SPACE READ 18,700 SQUARE gl 48 May 9, 1985 FEET, THE AMOUNT REFLECTED IN THE RFP AND THE AMOUNT PRESENTED TO THE CITY COMMISSION AT THE TIME RESOLUTION 85-98 WAS ADOPTED. i (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - NOTE FOR THE RECORD: Commissioner Perez returned to meeting j at 2:56 P. M. i s 21. APPOINT MEMBERS TO THE STATUS OF WOMEN COMMISSION; PROVIDE FOR STAFF PERSON, OFFICE SUPPLIES, BUDGET ETC.. ' Mayor Ferre: All right, we are now on Item 52, appointment of certain individuals to the City of Miami Commission of ? the Status of Women, appointing five members. Mrs. Baro. Ms. Alicia Baro: My name is Alicia Baro and I live in 271 Northwest 64th Avenue in the City of Miami. Mr. Mayor and City Commissioners, before we go into that I wanted to ask about the staff person. The Commission on the Status of Women which I am representing now needs a staff person. Mr. Plummer: How much? Ms. Baro: We have discussed this with the City Manager and he has a recommendation. 1 Mr. Plummer: All right, the Manager says he can assign a person to be a staff person, does that take care of it? Ms. Baro: Yes. Full-time please. Mr. Plummer: All right, full time Mr. Manager. Ms. Baro: As a typist clerk... someone that can work with us exclusively. Mr. Plummer: All right. I also want to include... Mayor Ferre: Well, as long as that person is busy. Ms. Baro: Absolutely, she will be. Mayor Ferre: Because you know, we have had these things where people are assigned and then all of the sudden they are only working eighteen hours... Ms. Baro: She will be very busy Mr. Mayor. We have a lot of work for her. That's the only way we can fulfill our plans. Mayor Ferre: All right. Mr. Plummer: Mr. Mayor, in relation to that motion which include as a full-time staff person from the Manager's Office, I would like to make it on an equal footing the same as the County that the Status of Women have their own telephone listing as well as their secretary and I would move that in the form of a motion. Mr. Dawkins: Second. gl 49 May 9, 1985 Mayor Ferre: All right, is that incorporated in Item 52? Mr. Plummer: Yes, sir. Mayor Ferre: Any other discussion on Item 52? Mr. Perez: Who are the persons that we are going to appoint? Mayor Ferre: Well, the names that have been submitted... Ms. Baro: Excuse me, Mr. Mayor, does that mean that we will be allowed monies for letter head and other things? Mayor Ferre: Hey don't push it. Ms. Baro: Huh, don't push it. Mayor Ferre: Now, these are the names of the people Barbara Ibarra, Kathleen Phillips, Susan Pana and Ana Maria Carnesoltas, Mona Light. That's a name out of the past. And Kathleen Shaw. Ms. Baro: Mr. Mayor, there is five to be appointed. I gave you six, really you need to appoint five. Mayor Ferre: Look I know Mona Light and I know Ana Maria Carnesoltas. Are these... there is on Cuban woman, Is Ibarra... Ms. Baro: No, she is Puerto Rican. Barbara Ibarra. Mayor Ferre: Puerto Rican. All right, how many Blacks? Ms. Baro: How many Blacks? Mayor Ferre: Blacks. Yes, Blacks. Ms. Baro: Of those? Mayor Ferre: Yes. Ms. Baro: I don't know if any are Black. Mayor Ferre: Well, how many Blacks are there? There are a lot of Blacks... Ms. Baro: We have about five or six on the Commission. Mr. Dawkins: You got three. Ms. Baro: Three. Mr. Dawkins: That's all. Ms. Baro: The last time we had... Mr. Dawkins: Well, I want to tell you here is your list right here. Mrs. Angela Bellamy: Mr. Mayor and Commission, there are five Black members on the Commission of the Status of Women. Mr. Dawkins: Ok. Name them for me. Hold it. Hold it, turn to the list. We have a list here of people on the Commission of the Status of Women, committee members. Mrs. Bellamy: Ok. Pat Johnson. gl 50 May 9, 1985 Mr. Dawkins: Martha Prado is what? Mrs. Baro: She is Cuban. Mrs. Bellamy: She is Hispanic. Mr. Dawkins: Nikki Baere Mrs. Bellamy: Anglo. Mr. Dawkins: Terry Stone. Mrs. Bellamy: Anglo. Mr. Dawkins: Gisela Cardonne Mrs. Bellamy: Hispanic. Mr. Dawkins: Alicia Baro. Mrs. Bellamy: Hispanic. Mr. Dawkins: Pat Johnson. Mrs. Bellamy: Black. Mr. Dawkins: One. Kathleen Hale. Mrs. Bellamy: Anglo. Mr. Dawkins: Julie Tiger. Mrs. Bellamy: Anglo. Mr. Dawkins: Jeanet Seiton. Mrs. Bellamy: Anglo. Mr. Dawkins: Valerie Lamonthe. Mrs. Bellamy: Black. Mr. Dawkins: Two. Olga Garay. Mrs. Bellamy: Hispanic. Mr. Dawkins: Verneka Silva Mrs. Bellamy: Black. Mr. Dawkins: Three. Clara Whelan Mrs. Bellamy: Anglo. Mr. Dawkins: Cynthia Cochrane. Mrs. Bellamy: Black. Mr. Dawkins: Mary McCray. Mrs. Bellamy: Black. Mr. Dawkins: Five. Ok. I stand corrected. Mr. Plummer: Out of how many? Mrs. Bellamy: Out of fifteen. Mr. Plummer: How many Hispanic? gl 51 May 9, 1985 - ---- Mrs. Bellamy: Four. Mr. Plummer: How many Anglo? Mrs. Bellamy: Six. Mayor Ferre: Now, what you are saying is that we add five More is that it? We are adding five, right? Ms. Baro: Right. Mr. Dawkins: To make it twenty? Ms. Baro: Yes, sir. Mayor Ferre: Now, tell me what Barbara... she is a Hispanic. Right? Ms. Baro: Yes. Mayor Ferre: Kathleen Phillips. Ms. Baro: I don't know. Do you know Hattie? Mayer Ferre: Who is recommending these people? Mrs. Bellamy: Anglo. The Commission is recommending them, but I have a list. Mayor Ferre: Anglo. All right, Susan Mrs. Bellamy: Anglo. Mayor Ferre: Ana Maria Carnesoltas is Hispanic. Mrs. Bellamy: Yes. Mayor Ferre: Mona Light is Anglo and Kathleen Shaw. Mrs. Bellamy: Anglo. Mayor Ferre: So, what you are doing is to the six that are Anglos you are adding four, which makes ten. There are no Blacks added, that makes it five. And you are adding two Hispanics to the four that makes Hispanics come up to six. So, you got six Hispanics, five Blacks and ten Anglos. Mr. Dawkins: It won't work. Mayor Ferre: It seems to me that you ought to have at least a minimum of six. Mr. Dawkins: That's right. I agree. Mayor Ferre: So, give me one more Black. Ms. Baro: There were sixteen. Weren't there sixteen resumes that was passed on? Mr. Dawkins: Ok. I defer this until we get the ethnic breakdown together please. Ms. Baro: Ok. But I think the resumes were passed on to you, I believe with recommendations as to... Mr. Dawkins: Ms. Baro, see but it's not my problem that you did not pass on proper resumes. Ok. I mean, not you now. I mean staff. I mean, this is not you, because you... Ms. Baro: Yes, I understand. gl 52 May 9, 1985 W Mr. Dawkins: Like you said this is why you are trying to fight to get somebody to help you. Ok. But now, staff should have known that we were going to jump on this. Ms. Barn: Ok. Mr. Dawkins: Ok. So, they should have made sure that the resumes they sent in represented the community. Ms. Baro: Right. Mr. Dawkins: That's all we are saying. Ms. Baro: Thank you. Mayor Ferre: Alicia. Ms. Barr: Yes. -` Mayor Ferre: Something else while you are here. Let's make sure that at least the majority of these women live in the City of Miami. Ms. Baro: Ok. Mayor Ferre: So, would you also make sure that it's clearly understood... looks like... and I think they should all either work or live, because if you got people... I understand that perhaps they may live in the County or something, but if they don't work and they don't live in the City of Miami then why are they on the City of Miami board. I think the majority definitely should live in the City and I think that the majority and all of them should either live or work. Ms. Baro: I will pass that on. Mayor Ferre: Ok. Ms. Baro: Ok. Mayor Ferre: Now, there is a motion that this item be deferred until the next meeting. Mr. Plummer: The motion is to the appointments, but the other portion is to be passed. Mayor Ferre: Yes. All right. In order words the other portion of it we pass. Mr. Dawkins: Ok. I would like to make another addition. I don't see how we can expect the Commission on the Status of Women to communicate with the public and not have letter head paper. I mean, it's just... I don't.. I mean, Mr. Manager, that's a minor expense. So, you will get that. Ms. Baro: Thank you, Commissioner. Thank you. Ok. Thank you very much. Mr. Plummer: What is your present budget? Ms. Baro: The budget right now? simply exist. Mr. Pereira: There isn't any. over at Human Resources. There isn't any. We just They use the existing staff Mayor Ferre: Miller, I will tell you, Clara Whelan has taken the time to come here. That shows an interest. Ok. gl 53 May 9, 1985 L And I think that the one person we should appoint today if ? it's all right with the rest of you it Clara Whelan. Ms, Baro: She is a member, sir. Mayor Ferre: Oh, you are a member. Ms. Baro: Yes. Mayor Ferre: Oh, I'm sorry. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Oh, I see. Well, then why is your name here? Oh, I see you are not being appointed, you already are a member. Ms. Baro: That's right. Mayor Ferre: Sorry. Ms. Baro: That's right. Ok. Mr. Perez: I would like to propose an appointment... Mayor Ferre: Sure. Mr. Perez: I would like to Mr. Mayor, to propose the appointment of Ana Maria Carnesoltas who was a distinguish member of our legal department and I would like that she be a part of that Commission. A. Mayor Ferre: Well, I tell you if you are going to do that then I want also to appoint Barbara Ann Ibarra. So, those two Hispanics... Miller. Mr. Dawkins: Yes, sir Mr. Mayor. Mayor Ferre: We are going to appoint the two Hispanics out of the five appoint two Hispanics leave the other three open with... They heard the statement. That would bring the Hispanics up from four to six. - Mr. Dawkins: We only need one Black to make it six. Mayor Ferre: We need one more Black or two and then of three remaining one has to Black. Ok. Mr. Plummer: Mr. Mayor, if we are going to be honest, I cannot envision that this committee will continue to exist without a budget. There is just no way. Now, I would like to be honest and propose that this committee for the remaining balance of this year from now until budget time be given a budget of fifteen hundred dollars from which they can take out their postage, they can take out their stationary and things of that nature. - Mayor Ferre: Let's start all over again. Plummer moves that Item 52 be moved with t he following conditions; One, that the Manager assign a staff person full-time to act as secretary. Two, that a budget of fifteen hundred dollars be established between now and the end of the budget year in September for the purposes of letter head, stamps, etc. - — Three... Mr. Plummer: And three, that they be afforded the opportunity to have a listing in the phone listing the same as other Status of Women Groups. gl 54 May 9, 1985 r �t n. Mayor Ferre: That the names Ana Maria Carnesoltas and Barbara Ann Ibarra be appointed and that for the remaining three appointed seats a minimum of one more Black woman be r. appointed so that there is a minimum of six. Ok. The others can be whatever the committee decides. That way ' there will be a minimum of six Hispanics, six Blacks and if it's... Well it would be... Ms. Baro: Eight. a _ Mayor Ferre: It could be as many as eight Anglos or seven, seven, whatever. Ok. And that the Majority live in the City of Miami and that all of them either live or work. Ms. Baro: Thank you very much. Ok. Mayor Ferre: Is that the intent of the motion. Is there a second? Mr. Dawkins: Second. ' Mayor Ferre: Further discussion, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: 1 RESOLUTION NO. 85-476 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO THE CITY OF MIAMI COMMISSION ON THE STATUS OF WOMEN; DIRECTING THE CITY MANAGER TO ASSIGN THE SERVICES OF A FULL-TIME CITY CLERICAL EMPLOYEE TO SERVE AS A STAFF PERSON TO SAID COMMISSION; ALLOCATING AN AMOUNT NOT TO EXCEED $1,500 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, TO COVER THE COST OF STATIONERY AND A SEPARATE TELEPHONE LINE { FOR USE BY SAID COMMISSION. x3 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Commissioner Demetrin J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Joe Carollo Note for the Record: The persons appointed: Ana Maria Carnesoltas and Barabara Ann Ibarra. rr rrrrrrrr rr r rrrrrrr�rrr rrrrrrrrrr �rr-rr.. rr �rrrrrr �rrrrrrrrr 22. DEFER CONSIDERATION OF SELECTION OF DEVELOPER FOR SITE 37 PARK WEST/OVERTOWN UNTIL SITE FOR HOTEL BEING DEVELOPED BY NEW WASHINGTON HEIGHTS IS RESOLVED 6 MONTH TIME FRAME ETC. rr rrrrrrrrrrr rrrrrrrrrrrrrrrr.�rrrrrrrrrrrr.. r rr-rrrr rr rrrr rrr Mayor Ferre: We are on Item # 53 which is a 2 P.M. public_ hearing. Yes, sir. gl 55 May 91 1985 i Mr. Herb Bailey: Mr. Mayor and members of the Commission at the last Commission meeting this item was deferred at a request of Commissioner Dawkins for additional information on the comparable rents on block 24 and block 37. The two comparisons were to be between John Cruz Development from Boston and Can American from Minneapolis. We have provided ' that information to the Commissioner and we are back here today to answer any further questions that the Commission may have. Both developers are present. Mayor Ferre: All right. Do the members of either the Cruz organization or of Can American wish to address the Commission on anything. If not, are there questions from members of the Commission? Mr. Dawkins: My question is I think the minutes will reflect that this Commission and if I'm in error someone correct me, instructed Mr. Bailey to work with the New Washington Heights group in identifying a site for their hotel. Am I correct in that? Mr. Bailey: That was correct Commissioner on another item. Mr. Dawkins: Ok. Has that been done? i Mr. Bailey: A member of my staff has met with Ms. Bell and i with the Board of Directors of New Washington Heights to begin discussions. At the moment we do not have a site identified other than those that we are working with in the first phase. Mr. Dawkins: Mr. Mayor, I have no problems and I'm glad to know that I am going to vote for Can Am, but I want it understood and I'm going to vote for Can Am to get the parcel of land, but I'm going to continue it until Mr. Bailey identifies a site for Ms. Jackie Bell and those to put ahotel on. Now, I hate to do this, but if my memory ,.T serve me correct, Mr. Bailey was told to leave that site out and he did not leave it out. He put it in. See, so now these people here are paying a penalty because my staff did not follow directions from this Commission. Sm, therefore, I hate to do this, but I have no other choice. I move that -. it be continued until Mr. Bailey comes back to this °$ Commission and tell us, although, they are going to get the site, they can have the site, but it has to be held up until Mr. Bailey decides that he going to do what this Commission directs him to do and come back here with a site. Mr. Bailey: May I make a statement? Mr. Dawkins: Yes, sir. Mr. Bailey: I think in a correction, I was never instructed and first of all it was site fifty-six New Washington Heights was concerned with. I was never given the instruction to leave a site out for any reason. I was given specific instruction that each site should be bided individually so that everybody would have a fair chance at bidding on the site. The first recommendation to the City Manager was that we would bid them collectively and in our discussion it was understood that if we did that, that very few minorities would have an opportunity to bid. So, I was instructed very specifically to bid each site out individually and that's what we did and that's block fifty- six and I just don't have a site at the time. In fact I don't even have the authority to you know, to give a site to New Washington Heights. Mr. Dawkins: We have a difference of opinion as to what as or was not said, but I think if you will go and check with gl 56 May 9, 1985 i the former City Manager Howard Gary, I think it was an understanding ---tray be it wasn't said -=-that New Washington Heights would have a site and I don't care how we juggle it around as to what was promised or what was not promised or what. And I'm here to tell you that this Commission feels its duty and responsibility that a commitment having been trade and we have said up here that we are going to help this CDBO build a hotel and the more we tell you that we are going to help build this hotel and this is my personal opinion, the more determine you are not to help it get built. Now, that's my... Mr. Bailey: That's your opinion. 1 Mr. Dawkins: That's my personal opinion. i Mr. Bailey: Ok. That's your opinion, but that's not true. Mr. Pereira: Mr. Bailey, please. Herb. If recall the one ! we approved the Overtown/Park West, all the proposals that was submitted in my recommendation, there was an awful lot of discussion visa via the construction of the hotel and I think that we are both correct. There was a motion if recall made by the board instructing staff to work with Jackie Bell in order to come up with... because this is only phase I of the development and I think that we are prepared, R you know, to work with her as we develop... we continue to develop Overtown/Park West in working with her in trying to identify a parcel to build that hotel. That was implicit in that and it was made while I was, you know, while I was here at that hearing and then we will move, you know, to do that. What happened before I obviously, had no control, no knowledge of it, but I can assure you that that motion that was made by this board will be carried out in its fullest as we would progress in developing phase II of Overtown/Park West. Mr. Dawkins: I will listen to you. I will hear you and go along with you if you change the word "may" to "will". Mr. Plummer: "Shall". Mr. Dawkins: No, no, "will". I mean, I know the verb I'm ;. looking for. Mr. Bailey: You know, we have had meetings... Mr. Dawkins: No, I'm talking to the Manager. Ok. All right, sir. You see, I will trust you. Ok. I want you to understand I have got complete trust in you. If you tell me this will happen. I expect it to happen, sir. Mr. Pereira: Well, we will work with Ms. Bell. Mr. Dawkins: And you will identify a site that they can put a hotel on? Mr. Pereira: That's right, sir. Mr. Dawkins: Well, Ms. Bell, are you comfortable with that? Ms. Jackie Bell: Please make a time table on it. Mr. Dawkins: Ok. All right, Mr. Manager, what kind of time frame would you need, sir to complete that? Within a year. Mr. Pereira: Well, let me check with Mr.... Mr. Dawkins: Ok. Go right ahead, sir. gl 57 May 9, 1985 a Mr. Plummer: Let me ask a question while he is doing that. Jackie what kind of absolute commitments do you have from a major developer that they will put up a hotel? Ms. Bell: We dn, Mr. Plummer: I need more than we do. Who are they? What commitments have the made? Are they in writing? Ms. Bell: Not in writing, but each one of you have been given... Mr. Plummer: Well, but wait a minute now. You know, you got to be fair with us. Ok. Now, are you talking about... I remember at the last meeting you talked about someone here from Marriott. Is that correct? Mayor Ferre: No, no, it was Holiday Inn... Mr. Plummer: The Holiday Inn? Ms. Bell: Yes. Mr. Plummer: Look, to me it's an effort in futility if we sit here and designate a site and you cannot come up with a guarantee commitment. Ms. Bell: The minute you give us a site we will come back with you with a commitment. Mr. Plummer: Well, ok. Wait a minute... Mr. Pereira: Let me make a clarification. ' Ms. Bell: We can't get a commitment until we got a site. Mr. Plummer: Ok. But here again you want a time table, I think it's only fair that we have a time table. Ms. Bell: Agreed with you Mr. Plummer. I agree with you. If we asked you for a time table, we certainly want to come back to you in the same vein. Mayor Ferre: Understand Jackie... I understand what the Manager wants, but just a moment. Understand that if we designate a location which is the intention of this Commission and it always has been to fulfill that commitment that is of many years standing. If we can't fulfill it here we will have to fulfill it in an adjacent property, but Jackie, I don't want to dissuade you and I don't want you to be upset, but Ted Hollo is not ready to build a hotel there. Ok. And I think that that's something you are going to have to deal with and you are going to have to put a time... we are going to have to put a time limit. Ms. Bell: Mr. Mayor, I just said to you, we asked you for a time table and we expect to be the same. Mayor Ferre: That's acceptable. Ms. Bell: Ok. Mayor Ferre: All right, Mr. Manager. Mr. Pereira: Mr. Mayor and members of the Commission, I'm informed by staff that since that meeting that I alluded to earlier, there have been two meetings with Ms. Bell and her organization and that we have identified the possibility of =_ two sites for this project. Now, I'm told by our City 51 58 May 90 1985 , w 4. Attorney, that even though we might identify those sites we still have to go through the bidding process on those sites. ' That's the only way that we can dispose of thatproperty. Y p And that's the instruction I have from the legal department. Mr. Dawkins: You see, that's what I continue to say up here { and nobody seem to understand what I'm saying. You see, you and I'm not... I mean, the administration has locked certain people out of this process and they have locked it out because Mr. Bailey has sat down and drawn up rules and regulations that eliminate them. And unless we make some a concessions to them, you are right, they will never get a 1 site and I agree with you Mr. Manager and some concessions I have to be made sir, if you plan to go ahead and develop OvertownlPark West. Now, if you don't then I have to put _ { the monkey on your back sir and say you are right, I'm going to stop it, but I'm stopping it because we can't compromise and come to some arrangement. ! Mr. Pereira: The concessions, you know, to use the word, will have to be made on the punctuation as we evaluate the • proposes that they submitted where... and that's something that we will have to bring back for your approval before we ' go out. Mr. Dawkins: All right, now stand up Mr. Simonette. Here is a man who through eminent domain ---sit down sir ---you all took twenty-one lots of his in the Black neighborhood. Twenty-one lots. Ok, now, you can find the rules and the regulations to do this, but when it comes time to telling him, ok, we took your twenty-one lots through eminent ` domain. Right now we don't have nothing around it but a fence. So, now in order for you to participate, sir, bring back the money we gave you for the twenty-one lots and you Y can buy an equal part. You are not saying that. You just took his land and now you are going to tell me that he is locked out. He cannot participate because he does not have a big developer with him. That's not right, Mr. Manager. :. Mr. Plummer: Mr. Manager, what is the time table? How long before you will take to identify a location for the New Washington Heights? Is six months reasonable? Mr. Pereira: Six months, I think is reasonable for us to r# identify it and come back with some sort of process that we can all agree which will be of benefit... we will be taking into consideration the kinds of concerns that you have that you are putting on the table. 'r Mr. Plummer: Jackie, what is a reasonable time table for j;- you, that if you can't get a definite commitment in writing, t is six months also a reasonable time? Ms. Bell: Then we are talking about year, because you are talking about six months before. Mr. Plummer: Well, you have got the year. They have got six months. Ms. Bell: Ok. I will take that,...e in the legal opinion that I requested from the City Attorney would be that we file suit against the City of Santa Monica and Chief King personally in State court here. If it is moved to Federal court later on, we would file suit in Federal court. but, in the meantime, I would like for this Commission to be notified every thirty days from our corporation and from your OvertownlPark West, where we are, and how far we have come and New Washington Heights will be more than happy to supply each one of you on a thirty day basis, or come before you on a 30 day basis and tell you where we are. Is that fair, Mr. Plummer? gl 59 May 9, 1985 p, i Mr. Plummer: Fine with me. Mayor Ferre: All right, are we ready to vote? What is your i motion? Mr. Dawkins: The motion is that the Administration work with the New Washington Heights group to identify sites within six months that they can put a hotel on, and that Ms. Bell come back within six months with a package that would make this hotel a reality; if not, at the end of the year, everything reverts back to the City. Mayor Ferre: Is that acceptable to everyone? Is there any $ legal problems? Does the Management, the Administration have any problems? Mr. Plummer: The only one that has any problems is the two developers. Mayor Ferre: No, it doesn't affect them. Mr. Dawkins: No, it doesn't affect them. Mr. Plummer: This group is held up for six months. Mayor Ferre: No! Mr. Dawkins: No, no. Mayor Ferre: You don't understand. Based on this, he voted for the others. Mr. Plummer: But, that is at the end of the six months. Mayor Ferre: No, we are going to vote for it now. Mr. Dawkins: The Manager has given me ... go ahead, Mr. Mayor. No, The manager gave me his word. Mayor Ferre: I heard him. Mr. Plummer: Okay! Mayor Ferre: This is based on the fact that it will be done F and that the Manager ... the Commissioner said he takes the Manager's word and commitment on it and made it in the form of a motion. Now I am asking for a second. -y..' . Mr. Plummer: I second it. Mayor Ferre: All right, is there further discussion? Yes, sir. (Unidentified): Mr. Mayor, so long as at the end of six months it results in a bidding process of some kind along the City ordinance. Mayor Ferre: That is understood - that it has to be done within the purviews of the law. Mr. Dawkins: I understand that. Mayor Ferre: All right, are we ready to vote on this? All right, now, call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: gl 60 May 9, 1985 n 31 RESOLUTION NO. 85-478 A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER FOR THE SELECTION OF CAN=AMERICAN REALTY CORPORATION AS DEVELOPER FOR THE DEVELOPMENT OF PARCEL 37 WITHIN THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT PHASE 1; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE A CONTRACT WITH THE PROPOSER; AND FURTHER DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED CONTRACT TO THE CITY COMMISSION AS SOON AS PRACTICABLE FOR CONSIDERATION AND APPROVAL BY THE CITY COMMISSION PRIOR TO THE EXECUTION THEREOF. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. Mayor Ferre: Now on the main motion of Item 53. All right, is there a motion on Item 53, as presented by the Administration? ... for the recommendation of the committee and so on. Well, all right, I'll move it. I am ready to move Item 53. Mr. Carollo: There is a motion by the Mayor. Is there a second? Mr. Plummer: I am going to second it for discussion because I am losing something somewhere. It was my understanding that the first motion that passed - that the approval of American Can was included in that first motion. Mayor Ferre: No. He wanted to put on the record that Jackie was going to get a hotel site and have the ability to bid on it and come back with a package within a certain period. We have just done that. Now, having done that, Commissioner Dawkins said it puts the burden on the Manager. He says that he is satisfied that the Manager is going to do it and then he said after that, that he is ready to vote, as I understood it, Item 53. I thought it, right? Okay, now ... Mr. Dawkins: That didn't say I was voting in favor of it. I just said I was going to vote. Mayor Ferre: Oh, I see - okay. I move Item 53. Mr. Carollo: There is a motion. Is there a second? Mr. Plummer: Well, I seconded it for purposes of discussion. I still reserve my right to vote either way. Mr. Carollo: Well, I will tell you what, J.L. I will give you the Chair - I'll second it and I call the question if there is no further discussion. Call the roll. The following motion was introduced by Mayor Ferre, who ld 61 / 62 May 9, 1985 moved its adoption: MOTION NO. 85-477 A MOTION DIRECTING THE CITY MANAGER TO WORK WITH THE NEW WASHINGTON HEIGHTS GROUP IN ORDER TO IDENTIFY A SITE IN THE CITY OF MIAMI WITHIN THE NEXT SIX (6) MONTHS FOR CONSTRUCTION OF A HOTEL PROPOSED TO BE BUILT; FURTHER DIRECTING THAT MISS JACKIE BELL SHALL BE AFFORDED THE OPPORTUNITY TO BID ON SAID SITE AND PRESENT TO THE CITY COMMISSION, SIX MONTHS FROM SAID TIME, A COMPLETE FINANCIAL PACKAGE IN CONNECTION WITH SAID PROJECT; FURTHER STIPULATING THAT IF NOTHING HAS MATERIALIZED A YEAR FROM THIS DATE, THIS PROJECT SHALL BE CONSIDERED TO BE A DEAD PROJECT. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. -------------------------- --------------------------- 23. DISCUSSION: TELEPHONE CALL FROM SENATOR PEPPER. ------------------------------------------------------------ Mayor Ferre: This is Congressman Pepper calling and he has some very good news that they want to share with us about another one of Pepper's accomplishments, so I am going to put him on the loudspeaker. Mr. George Clark: Hello, this is George Clark. The Congressman is over at the Rules Committee and he asked me to tell you that he just heard from Bill Chapel that his Sub -committee on appropriations, on energy and water development has included the money to fund the construction of the Promenade in Bayfront Park. It will go through the full committee on the 15th and be in the house bill for this year. Mayor Ferre: Is that the Promenade that goes to the library, George? Mr. Clark: Well, that is correct. Mr. Dawkins: That is the Promenade, George, that may go tr� the library if we move it, George. If we don't move it, it won't go through, George. Mayor Ferre: Can you hear that, George? Mr. Clark: No, sir, not too well. Mr. Plummer: Put on your water wings! Mayor Ferre: Commission Dawkins wanted you to know that it may go through the library if the library is torn down. If ld 63 May 9, 1985 it doesn't, and it may not, so you thank Congressman Pepper for his efforts and tell him we may not be able to use the money, depending upon what happens this afternoon. The afternoon meeting will begin at 6:00 P.M. Thank the Senator for his interest and support. As usual. Thank you very much. Mr. Carollo: Maurice, if you could express our gratitude to the Senator from all of us for his efforts on behalf of the people of Miami Mayor Ferre: And that goes for all members of the Commission. rrrrrrrrrrrrrrrrrrrrr.r+r.rrr-----r--r-r-rrrrrrrrr-r-rar----r--r 24. ALLOCATE $459000 TO COVER NECESSARY EXPENSES OF POLICE OVERTOWN ATHLETIC PROGRAM. ---------------------- ----- ------- ------------------ ---- ---- Mr. Dawkins: As I was saying, Mr. Mayor, this boxing program is doing a tremendous job and we have yet to find anything wrong, but every time Coconut Grove Cares comes up here, we have yet to find out how it has utilized the dollars, so Mr. Manager, I will be attempting at budget time to put all of the monies in a boxing program into our Police Athletic Boxing Program to see that they are allowed to continue to do the type of work they are doing City-wide, instead of just in Overtown. Mayor Ferre: I also would like to point out, Mr. Manager and the members of the Police Department that are presenting this, because I see that the budget you are presenting - which is $44,423.80, but it does not include the estimated cost of the police officers involved, and as I recall, there are three officers in this program? Sgt. Patrick Burns: At the present time, sir - I am the sergeant, I supervise that gym. I have dual responsibilities as an administrator and working part time with the program. Because of other problems at the Department, we have Officer Ramondi with a P.S.A. there, so we are a little short handed. Mayor Ferre: So, are there one and a half officers working? Sgt. Burns: Actually, it is one and a half. We are budgeted for two. Mayor Ferre: Okay, but I think for us to objectively look at the budget, you have to put that into it, because, that is a contribution that the City is making to this program. Unidentified Speaker: It was my understanding when we asked for this resolution that the salaries would not be included. Mayor Ferre: Somebody has got to pay the salaries. I am sure you want to be paid! Mr. Plummer: Can't pay it from this fund. Mayor Ferre: I realize that, but the point is that that police officer's time is being allocated here and to have a proper expense, you need to recognize that it isn't $44,000. It is $44,000 plus salaries - the cost of the police officers. Mr. Pereira: Let me answer that. I believe that the reason why it is not included is because what we are asking is is ld 64 May 9, 1985 -1 4 4 to make an allocatinn out of the Law Enforcement Trust Fund, rather than an allocation nut of the General Fund and your point is well taken that that is a contributinn. Mayor Ferre: Sergio, the paint is, hnw much is it costing the taxpayers of Miami to have this program function - roughly, everything included? Sgt. Burns: Actually, the last cost analysis that he did was approximately $100,000. That is including salaries. Mayor Ferre: All right now, I don't mean to pull a Ronald Reagan on you, and I am not going to use the limousine example, but how many people are being served by that $100,000? Sgt. Burns: We have 1,300 youths come through the program. We have actively 300 youths. Mayor Ferre: That is cumulative. You are talking about $100,000 per year. In a one year period of time, how many kids are going to be benefited by this? Sgt. Burns Actively participating in the program, 300. 1,300 came to the program last year. Mayor Ferre: That is not bad. If it is 300, I am satisfied. That is fine. Mr. Plummer: I move Item 46. Mayor Ferre: All right, one more question, J. L., before - boxing trips - 32,000? Sgt. Burns: Yes, sir. Mayor Ferre: Now, what is that? Is that air fare, hotel, food? Sgt. Burns That is air fare, hotels, food, all the expenses. Mayor Ferre: Where are we taking these trips tn? I hope we are not going to ... Sgt. Burns: If you look on the program that we put together for you, sir, you see that a lot of these ... there are two reasons for these trips. One, these kids in Overtown and some of the adults have never stepped out of Overtown and one of the purposes is to give them exposure ... Mayor Ferre: Understand. I mean, these are the trips - St. Louis, Missouri, St. Petersburg, Ft. Meyers, Jacksnnville, Tennessee, North Carolina, Georgia, Colorado Springs. Sgt. Burns: Yes, sir. That is it and speaking of Colorado Springs we had the young man that ... we would just be going there next year and that is the first step to making United States Olympic Team, which we think is going to happen, which of course will bring credit to the City of Miami. These other tournaments are what happens if the young man will win a tournament here and he advances. It is a progression right to the U. S. Team. Mayor Ferre: Okay, so if he makes it to the Nationals, obviously we have gnt to pay his trip to Colorado. Sgt. Burns: Yes, sir. Mayor Ferre: ld I understand. M May 9, 1985 Sgt. Burns: If they make U. S. Team, hopefully the Olympics. Mayor Ferre: I've got it. Let me ask you one last question. Is there any way we could use the monies that comes from confiscation of drugs. I heard Chief Dickson say this morning that we have confiscated $5,000. Can we apply some of those monies to this? I think it would be poetic justice. Mr. Plummer: No, sir. Mayor Ferre: No? Mr. Plummer: No, you can't. That is for capital improvements for law enforcement officers. Mayor Ferre: I've got it. Okay, anything else? Plummer moves, is there a second? Mr. Carollo: Second. Mayor Ferre: Carollo seconds. Anything else? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 85-479 A RESOLUTION ALLOCATING FUNDING NOT TO EXCEED FORTY-FIVE THOUSAND DOLLARS ($45,000) FROM THE CITY OF MIAMI LAW ENFORCEMENT TRUST FUND TO COVER NECESSARY EXPENSES INCURRED BY THE MIAMI POLICE OVERTOWN ATHLETIC PROGRAM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. ------------------------------------------------------------ 25. ACCEPT COMPLETED WORK - LYNWOOD SANITARY SEWER IMPROVEMENT SR-5487 CAS PLUS ADDITIVE BIDS "E" AND "F". ------------------------------------------------------------ Mayor Ferre: This is accepting the completed work of Joe Reinertson Equipment - Item 54, public hearings at 3:30 P.M. Lynwood Sanitary. Is there anybody here who wishes to speak to Item 54? Let the record reflect that nobody stood up. Plummer moves Item 54. Is there a second? Mr. Perez: Second. Id May 99 1985 0 I Mayor Ferre: Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 85=480 A RESOLUTION ACCEPTING THE COMPLETED WORK OF JOE REINERTSON EQUIPMENT CO. AT A TOTAL COST OF $789,774.79 FOR LYNWOOD SANITARY SEWER IMPROVEMENT (BIDS E, F. t PLUS ADDITIVE BIDS E. F) IN LYNWOOD SANITARY SEWER IMPROVEMENT DISTRICT - SR-5487 CAS (CENTERLINE AND SIDELINE SEWERS); AND AUTHORIZING A FINAL PAYMENT OF $739577.48. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote- . AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins a Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. ---------------------- --------------------------- ----------- 26. CONFIRM PRELIMINARY ASSESSMENT ROLLS: KOUBEK SANITARY S SEWER IMPROVEMENT SR-5477-C. i G Mayor Ferre: Does anybody who wishes to speak on Item 55 or 56? If not, is there a motion on 55? Mr. Dawkins: Mr. Mayor ... Mayor Ferre: Yes, sir. Mr. Dawkins: I am going to continue 55 and 56. Mayor Ferre: There is a motion ... Mr. Dawkins: The reason I am doing it, Mr. Manager is, I constantly sit here and see you bring up bids for everything but the police station, so I am going to continue everything in here that has anything to do with the bid until you can assure me that we are going to get a police station, sir. Mr. Plummer: Sub -station. Mr. Dawkins: Police sub -station. Mr. Pereira: Mr. Mayor, if I may answer. For our next Commission meeting, Commissioner Dawkins, we will be bringing to you for approval the phasing in of the sub- station, the program and the staffing costs for the next `y. w five years. We also will be bringing to you for your consideration and approval, the sites for those two sub- ld 67 May 9, 1985 A -A stations, one in the Latin community and one in the Black community, and that certainly will trigger our ability to be able to go out with an RFP ... as a matter of fact, the RFP has been advertised and proposals have been received for the architects. The reason we have not moved into that, obviously, is because we had not brought back to you the two items that I mentioned earlier. The reason, as you know, there was a concern with the costs as proposed the first time by staff and also there were some questimns raised in one of the sites. We are preparing ... we will be prepared for the next Commission meeting tri bring those items for your approval. Mr. Dawkins: Can you bring me the architects for the two sites also, sir? Mr. Pereira: I don't know if we can convene the committee that made the selection. Let me turn around a minute. (INAUDIBLE BACKGROUND COMMENTS) Mr. Pereira: I am not gaming to make a commitment, Commissioner, because I really don't know. We will try, but I cannot ... I can't make that commitment. We will try to • convene the committee and go through the selection process, but I am afraid that there are some dates and some times that we have to establish according with our selection ordinance and that might not be possible, but definitely we will bring to you the two recommendations for the site, as well as for the staffing of the two sub -stations. Mr. Dawkins: Mr. Mayor, I withdraw my opposition. Mr. Plummer: I move 55. Mayor Ferre: Is there a second? Mr. Carollo: Second. Mayor Ferre: Further discussion? Call the roll on Item 55. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 85-481 A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF KOUBEK SANITARY SEWER IMPROVEMENT IN KOUBEK SANITARY SEWER IMPROVEMENT DISTRICT SR-5477-C (CENTERLINE SEWER) AND REMOVING ALL i PENDING LIENS FOR THIS IMPROVEMENT NOT t HEREBY CERTIFIED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo .,' Mayor Maurice A. Ferre NOES: None. S ABSENT: None. ld 68 May 9, 1985 ilk A Mayor Ferre: Let the record reflect that nobody rose on Item 55. ..rrrrrrrG--iNM.r r r"ir---ir"if►�i►r r .b i."m A- W. ma rra r—r r r r r--i. iii� aba r ab 27. CONFIRM PRELIMINARY ASSESSMENTS ROLLS: KOUBEK SANITARY SEWER IMPROVEMENT SR-5477-S6 r—r..rrrrrrr—r:r-r.rrrrrr—r�-rr+.—rr..rrrrrrr r—r—rr-r..rrrrrrrrrrr- -- Mayor Ferre: Let the record reflect that nobody rose on Item 56. Is there a motion on 56? Mr. Carollo: Moved. Mayor Ferre: Moved by Carollo. Seconded by Plummer. Further discussion? Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 85-482 A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF KOUBEK SANITARY SEWER IMPROVEMENT IN KOUBEK SANITARY SEWER IMPROVEMENT DISTRICT SR-5477-S (SIDELINE 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 Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. ------------------------------------------------ ----------- 28. ALLOCATE $29000 IN SUPPORT OF TRINIDAD AND TOBAGO FOR CARIBBEAN CULTURAL PROGRAM - GUSMAN CULTURAL CENTER MAY 24. ------------------------------------------------------------ Mr. Pereira: Mr. Mayor, I believe there are a couple of people here on some recommendations for funding requests that have been made to the Commission in previous meetings and your Administration is prepared to make some recommendations, sir. Mayor Ferre: All right, go right ahead. Mr. Plummer: Such as? Mr. Pereira: Such as the Trinidad/Tobago organizers. If you recall, this is just ... they wanted us to waive to fee of Gusman Hall for the Trinidad/Tobago Festival, if you recall. This is an item that came to you at the previous meeting and you asked us to come back and review and make a report to you. We are recommending at this point the request to cover the cost of Gusman Hall, which is $2,000. Iro Mr. Plummer: You are recommending it? I move it. Mayor Ferre: Is there a second? Mr. Dawkins: Second. Mayor Ferre: Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 85-483 A RESOLUTION ALLOCATING $2,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, IN SUPPORT OF THE TRINIDAD AND TOBAGO ORGANIZERS FOR A CARIBBEAN CULTURAL PROGRAM TO BE HELD AT THE GUSMAN CULTURAL CENTER ON MAY 24, 1985; SAID ALLOCATION BEING CONDITIONED UPON SUBSTANTIAL COMPLIANCE WITH CITY OF MIAMI ADMINISTRATIVE POLICY NO. APM- 2-84, DATED JANUARY 24, 1984. 1 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrin Perez, Jr. ------------------------ ------------- ---------- --------- ---- 29. ALLOCATE $12,000 IN CONNECTION WITH HOLDING OF MCARICOM CONFERENCE" WITH CONDITIONS. Mr. Pereira: We also had the South Florida Business League Caricom Conference come before you and made a request of $120000. We are recommending approval contingent upon they prove that sufficient funds will be raised to cover the cost of the event at this time. } Mayor Ferre: Is there a motion? Mr. Carollo: So moved. Mr. Plummer: Second. Mayor Ferre: It has been moved and seconded. Further discussion? Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 85-484 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $12,000 FROM THE SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND IN SUPPORT OF THE WEEKEND CONFERENCE ON CARICOM TO BE ld 70 May 99 1985 i2 4. SPONSORED BY THE SOUTH FLORIDA BUSINESS LEAGUE AND HELD ON MAY 24 AND 259 1985; SAID ALLOCATION BEING CONDITIONED UPON METROPOLITAN DADE COUNTY AND THE PRIVATE SECTOR EACH CONTRIBUTING SPECIFIED AMOUNTS TOWARD THIS EVENT AND UPON SUBSTANTIAL COMPLIANCE WITH CITY OF MIAMI ADMINISTRATIVE POLICY NO. APM-1-84, DATED JANUARY 240 1984. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote- AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. -------------- -------------------------------- 30. ALLOCATE $79000 IN SUPPORT OF ASSOCIATION OF LATIN AMERICAN ART AND CULTURE IN., COCONUT GROVE EXHIBITION CENTER FOR EVENT MAY 24-26, 1985. Mr. Pereira: The Association of Latin American Cultures made a request of $15,000. Our recommendation is for approval of $7,000 only to cover the cost of using the Coconut Grove Exhibition Center be granted. Mr. Plummer: Moved. Mayor Ferre: All right, is there a second? Mr. Dawkins: Second. Mayor Ferre: Further discussion? All right, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 85-485 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $7,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, IN SUPPORT OF THE ASSOCIATION OF LATIN AMERICAN ART AND CULTURE, INC., TO COVER THE COST ASSOCIATED WITH RENTING THE COCONUT GROVE EXHIBITION CENTER FOR A THREE-DAY CHILDREN'S FESTIVAL TO BE HELD MAY 24-260 1985; SAID ALLOCATION BEING CONDITIONED UPON SUBSTANTIAL COMPLIANCE WITH CITY OF MIAMI ADMINISTRATIVE POLICY NO. APM-1-849 DATED JANUARY 24, 1984. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. ld 71 May 9, 1985 Vice -Mayer Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. Mr. Plummer: Mr. Manager, I hope you are informing all of these people that they are getting the grant this year, but there is no money available next. Are you so notifying them? Mr. Pereira: We have notified everybody. We are telling everybody who is coming here and we will be coming back to you in the very near future with some thoughts on ... - - - -- -- ------ ----- -rr.r - -- ----- -- -- - - ----- - - --- -- --- --- ----- -- 31. AMEND CONTRACT AGREEMENT WITH SMALL BUSINESS OPPORTUNITY CENTER INC. FROM $379750 TO $46,000 CONTINUING NEIGHBORHOOD ECONOMIC DEVELOPMENT PROGRAM IN LITTLE HAVANA COMMERCIAL DISTRICT. ------------------------------------------------------------ Mr. Pereira: The S.B.O.C., they have asked for an increase in their 1984-185 C.D. allocation by $89250. After meeting with them, we have come to the agreement of $6,254 funding. That is the Small Business Opportunity Center. That is the Latin Chamber of Commerce. Mr. Plummer: How much did they ask for? Mr. Pereira: They asked for $8,250 out of the 1984-185 C.D. allocation, and we have met with the agency and broke that down to $6,254. Mr. Plummer: I make a motion that we pass $8,250. Mayor Ferre: Is there a second? Mr. Carollo: Second. Mayor Ferre: Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 85-486 A RESOLUTION TO AMEND THE CONTRACT AGREEMENT — WITH THE SMALL BUSINESS OPPORTUNITY CENTER, INC. IN A FORM ACCEPTABLE TO THE CITY ATTORNEY TO INCREASE THE AMOUNT OF FUNDS PROVIDED UNDER THE 10TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FROM $37,750.00 TO $46,000.00 FOR THE PURPOSE OF CONTINUING A NEIGHBORHOOD ECONOMIC DEVELOPMENT PROGRAM IN THE LITTLE HAVANA COMMERCIAL DISTRICT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) :r. Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. -F Vice -Mayor Joe Carollo Mayor Maurice A. Ferre ld 72 May 9, 1985 4% NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. r�r--""---------r-. Qft�—"dfo.. 7Y.—ii.�f�i..—i`�IIIY `.�ii.Y..i..i--Wii` 32. ALLOCATE $79,170 IN SUPPORT OF "SEND A KID TO CAMP PROGRAM" --------------•0------------..�.-�---i--------r------+�—�.--.r----- } Mr. Pereira: One last item - Anne Marie Adker had asked for special approval for a program sending kids to camp - asked for $10,200. We are recommending funding at the same level last year, which was $7,270. Mayor Ferre: Is there a motion? Mr. Dawkins: I move it. Mr. Plummer: Mr. Mayor, I second the motion with the full understanding that these people fully understand that next year there are no dollars. Mayor Ferre: Further discussion? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 85-487 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $79270 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, TO SEND DISADVANTAGED YOUTH TO SUMMER CAMP IN LAKE PLACID, FLORIDA, JUNE 23 - AUGUST 24, 2985; SAID ALLOCATION BEING CONDITIONED UPON SUBSTANTIAL COMPLIANCE WITH CITY OF MIAMI ADMINISTRATIVE POLICY NO. APM-1-84, DATED JANUARY 24, 1985. (Here foll-)ws body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote- AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. --------------------- ------------- ----------- --------------- 33. DISCUSSION OF LUMMUS PARK. ------------------------------------------------------------ Mayor Ferre: On personal appearances, we are running 20 minutes ahead, but if Margaret Miller is here, I will take her up. All right, Margaret Miller? This is Item 57. ld 73 May 9, 1985 04 Ms. Margaret Miller: First I want to thank you for permitting me to come here today to speak. I want to talk to you about that section of Downtown Miami that lies between the expressway and the Miami River, and is sometimes referred to as the Lummus Park area. And it might be helpful for terms of this discussion to remind ourselves that downtown Miami lies between two natural resources the Bay and the River, and not in between the Bay and the Expressway. At this time, and lacking developmental plans for the area, its future is exceedingly questionable. On the one hand, your hopes go up when you find that Governor Graham created the Miami River Management Committee to clean up and restore the Miami River and the areas immediately adjacent surrounding its banks. The committee worked diligently and submitted a splendid and detailed report to the Governor in December, 1984. In the report, the committee recommended modest proposals for that area that would greatly enhance that Lummus Park area. On the other hand, your hopes are dashed when you learn that there are forces at work to bring to the area what on Channel 17, was termed the "street people". In their recent presentation we learned that hundreds who have converged on that area were characterized as unemployed drifters, drug and alcohol abusers, and those who had been released from mental institutions. The generally run down appearance of that area invite that kind youth. So that we have some sense of direction as to where we are headed there, I am asking you today to set up a developmental study and that it be instituted at this time, giving due consideration to the recommendations set forth by the Miami River Management Committee, and I thank you. Mayor Ferre: Ms. Miller, I want to commend you as a citizen for taking your time to come here and discuss that important subject. I think I am in full accord with what you have stated and I thank you for your interest and we will see what the Administration and the rest of the Commission say on this. Mr. Rodriguez: My staff has been in contact with Ms. Miller, and we have explained that this is an area which is part of the master plan for downtown, and we are going to be addressing it specifically - all the issues that are in this area, which we think are very important. There have been some concern about the Lummus Park area is also included yes - up to the river. There has been some concern, as Ms. Miller expressed, about the move of one of the Camillus House basically to this area, but we haven't received any zoning applications requests in that area that she is mentioning to support that. Mayor Ferre: Let me tell you that I would be opposed to that. I think Ms. Miller is absolutely right. Ms. Miller, as long as we have citizens like you that are willing to speak up, then this City is going to be all right, and I thank you. Does anybody else want to add anything to this? All right, thank you. s< -------------------------------------- -------- -------------- 34. PROCEED WITH PREPARATION OF R.F.P. IN CONNECTION WITH UNIFIED DEVELOPMENT PROGRAM FOR REDEVELOPMENT OF OLYMPIA BUILDING; APPROVE MEMBERS OF SELECTION COMMITTEE, EXTERNAL AUDITORS. -- -- - - -- -- --- - -- ---- -- ----- -- - - -- - - - - --- - - - - - - - ----- - - - Mayer Ferre: Item "B" is Olympia Building. were the one who objected to this before. Miller, you ld 74 May 9, 1985 Mr. Dawkins: I dnn't have any more problems. Mayor Ferre: Is there a motion then, on Item "B"? Mr. Carolln: If Miller will make the motion, 1 will second it. Mr. Plummer: Well first there is a discussion with the item. What is the motion for? Mayor Ferre: This is the approval for them to continue ... Mr. Plummer: That is not ... no, sir, I am sorry. This says this is a discussion. There is no item to be a motion to be made on. Mayor Ferre: If I remember, J. L., there was a motion and we were about to vote on it and Miller requested further information. Mr. Plummer: No, that is the record for the Lnwenbrau production. x Mayor Ferre: No, no, sir. This was at the last Commission meeting - the Olympia office building redevelopment - it was presented by ... Mr. Plummer: It is not on the R.F.P. I am sorry - I stand . corrected, sir. ' Mayor Ferre: All right now, there is a motion by Dawkins. Mr. Plummer: I will second it to go out with the R.F.P. Mayor Ferre: And is there further discussion on this as presented? Mr. Plummer: The only discussion I have is, Mr. Carlton, how do you get a nickel in a parking meter for six minutes? I went to lunch today, Mr. Carlton, and it took six quarters, which very few people really carry to pay to the meters of my parking! (INAUDIBLE BACKGROUND COMMENTS) T Mayor Ferre: All right, we are now on Item "B". We are about to vote on it. Is there any further discussion on it? "B" - the Olympia building. Mr. Plummer: Mr. Mayor, I think it would be only appropriate if they send each member of the Commission a copy of the R.F.P. so that we can run over it. Mr. Carlton: Our intention is next month to bring you the _ R.F.P. for your approval and the selection of the committee and the external auditor and all of those things that are required. Mr. Carollo: Roger, how are we doing on those meters? Mr. Carlton: Which ones this time? Mr. Carrillo: The ones that need to come down! Mr. Carlton: Commissioner, we would be glad to meet with you and talk about any of those, if you wish. Mr. Carollo: Well, I believe my representatives have, so ...Mr. Pereira. 4 za ld 75 May 9, 1985 A OM Mr. Carlton: I believe we have a meeting scheduled and we will talk about any of those that you wish to talk about, sir. Mayor Ferre: All right, are you ready? Call the roll on nBn The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 85-488 A MOTION INSTRUCTING THE CITY MANAGER TO IMMEDIATELY PROCEED WITH THE PREPARATION OF R.F.P.'S IN CONNECTION WITH THE UNIFIED DEVELOPMENT PROGRAM FOR REDEVELOPMENT OF THE OLYMPIA BUILDING; FURTHER DIRECTING THE CITY MANAGER TO BRING BACK THE R.F.P.'S FOR COMMISSION APPROVAL AS WELL AS TO FORMALIZE COMMISSION APPROVAL OF THE MEMBERS OF a THE SELECTION COMMITTEE AND FOR SELECTION OF THE EXTERNAL AUDITORS. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins { Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. Mr. Dawkins: Before we move to the next item - Mayor Ferre: Yes, sir. Mr. Dawkins: Madam City Attorney, can you prepare me a resolution stating that ... what do we have that deals with this Unified Development Plan - committee or board? q4. Mrs. Dougherty: It is a committee that gets selected for each project. Mr. Dawkins: Draw me up a resolution that states that this ;1 committee must be representatives of the community. If it is 57% Latin, then it has to be 57% Latin. If it is 37% Black, it has to be 37% Black, and whatever the other 1,4 Y: percentages are. Mr. Carollo: Not only that, Miller, but they must live in the City of Miami limits. Mr. Dawkins: I accept that as another part of their charge F Mr. Plummer: Let me suggest that you might want to modify that to "live or work in". I am just suggesting that, p�wF- because sometimes you get a problem. Mr. Carollo: J. L., that is where we are having a lot of problems. A lot of people like to make their money in the City of Miami, but they don't like to spend it or live with us here in the City of Miami. Mr. Plummer: Okay, I am just ... Id 76 May 9, 1985 Mr. Carollo: Then they want to dictate to us how to run the City from groward County or extreme South Dade, or somewhere else. Mr. Plummer: Okay. I just offered it for consideration. Mr. Dawkins: Can you prepare that for me for the next meeting, please? Mrs. Dougherty: Yes, sir. Mr. Dawkins: Thank you. Mrs. Dougherty: Would you prefer that to be an ordinance amending the U.D.P. Mr. Dawkins: Yes. Whatever it takes so we can bring it in and pass it at the same time so that when we go out with the next R.F.P., the individuals selected to evaluate it will be a makeup as to general population of the City of Miami. ---- - -- --- ------------ ---------------- ------ ---- ---- ---- - --- 35. ESTABLISH POLICY IN CONNECTION WITH MIAMI CENTER I DEVELOPMENT THAT NO PERMANENT CERTIFICATE OF OCCUPANCY SHALL BE ISSUED UNTIL JUNE 13, 19859 PENDING FURTHER ACTION. ------------------------------------------------------------ Mayor Ferre: All right, we are now on Item "C", temporary Certificate of Occupancy for Miami Center Development I. Mr. Manager? Mr. Carollo: Mr. Manager ... Mr. Pereira: Yes, sir. Mr. Carollo: If I can, I received a letter here today from the Downtown Development Authority, signed by Mr. Roy F. Kenzie, Executive Director and he states here that there is a commitment on the part of Mr. Theodore B. Gould to construct a portion of the park inside of the Miami Center Project. This construction, depending on how undertaken, will cost between $?50,000 to $1,000,000. At present, we cannot be sure of the Gould construction, since the project is in Chapter 11 proceedings. However, we would expect Mr. Gould or future owners to live up to the previous commitment. Is this correct that we do have that commitment for that? And if so, what happened to it - the same thing that happened to the $10,000,000 that we were promised something else? Mr. Pereira: If you recall, that issue was brought to the table by Commissioner Plummer at the last meeting. Mr. Carollo: Well, I am only bring it up because Mr. Kenzie brought this up to me in this letter today. Mr. Pereira: If you are asking if we have that in writing - the question Commissioner Plummer asked was whether that was directed us to go and look at the minutes and try to find out if that statement, in fact, was being made. My understanding is late this morning, was that we had not been able to find that clarity on the record. Now, what is it that we have on the record that deals with the subject Walter? ld 77 May 9, 9 1 85 Mr. Carollo: Tnen, what you are saying to me that this statement that Mr. Kenzie represented to me in this letter is like most of the other statements that he has been making and the figures he has been using.... pretty hollow. Mr. Pereira: No, no, I ... Mr. Carollo: Pretty hollow and shallow. Mr. Pereira: The statement ... Commissioner Plummer, who has a pretty good memory, you know, remembers very, very vividly that that statement was made on the record. Now, we a have not been able to find on the record - we have some language on the record that ... Walter, one of you read what was there and ... Mr. Plummer: Well, let me even better refresh your memory. Mr. Gould, or his representative came before this Commission and asked permission to tear down the old amphitheater. At such time as they did, they wanted to use that for the x purposes of construction of the new building. At that time, a they indicated to this Commission that we so allowed that, that a number of things would be done, including using parking across the street in the Dupont Plaza lets. s • i i Mayor Ferre: That's right. Mr. Plummer: And as well, they would make a healthy donation, fully understood that it would be a donation to enhance that end of the park that faced their properties. Mayor Ferre: Right. Mr. Plummer: That was what this recollection remembers. Mr. Walter Pierce: What we have been able to find on the record is no statement that says specifically by Mr. Gould that he will donate any monies to the City to build that fountain. There are statements in there that other people are making that Mr. Gould has made such commitments, but there is no language that says that he says he will do it. Mr. Carollo: Who were the other people? Mr. Pierce: The Mayor was one. He made a statement to that effect. f Mayor Ferre: y Yes, I was just going to say on the record, that Mr. Gould specifically stated to me and at the D.D.A. that it was his intention to pay for a major improvement. At first Mr. Gould did not want to pay for the Noguchi design. uF Mr. Plummer: Excuse me, Mr. Mayor, may I interrupt? Mayor Ferre: Yes, well let me finish! Mr. Plummer: Well, I think I can answer for you here. All right sir, reading from the minutes of July 22, 1982 - I read to you that Mr. Kenzie stated at that time - "This end X is the play mountain area which includes a smaller s performance area, restrooms, plazas, small cafes, sculptured gardens, a water feature, waterfall, and number of other improvements. In this portion of the project, you have a `- letter in your file from Mr. Gould, who has indicated his willingness to provide the construction materials and construct this portion of the park. Mr. Pierce: You are right. to is dated ... The letter that he is referring ld 78 May 9, 1985 Mayor Ferre: That is enough ... it seems to me that is enough of a commitment, isn't it? Mr. Pierce: Well, Mr. Mayor ... Mr. Plummer: Well, 1 don't think it was committed. I think it was in a letter and not in the minuttes, that is what I am trying to tell you. Mr. Pierce: Mr. Plummer, the letter that is being referred to - the only letter that we could find is a letter dated July 1, 1981, which was originally signed and agreed to by the former City Manager and Mr. Gould, which was an agreement a letter agreement having to do with the short term rental of the bandshell area to be used as a construction staging area so that Mr. Gould would not close down the parking lots in block "Z" block the Dupont Plaza. Mayor Ferre: Hold on, I've got Roy Kenzie. He has the letter in his hand for the record. Mr. Plummer: That is fine. Mayor Ferre: Roy? Mr. Roy Kenzie: Yes. Mayor Ferre: Read it into the record. Mr. Kenzie: Okay. This is a letter from Mr. Gould to Mayor Ferre dated July 20, 1982. It says: "I have recently reviewed the most current Noguchi design for Bayfront Park and in general agree with the overall plans, including the moving or removal of the existing library building. This letter is to inform you that I am prepared to provide the materials and to construct that portion of the Noguchi design adjacent to Chopin Plaza in the south end of the park. However, this commitment to provide materials and construction is contingent upon the City moving forward with this plan to redevelop Bayfront Park and some modifications to the performance plaza at the south end of the park; which modifications would be subject to our mutual agreement and approval, but in essence I am prepared to provide the materials and to construct that portion of the Noguchi design adjacent to Chopin Plaza at the south end of the park." Mayor Ferre: All right, I don't think there is any question but that there is a firm commitment in writing and Roy Kenzie just read the letter into the record, so in other words, there is a firm commitment from Gould in writing that he was to do that. There is no question about that. Mr. Plummer: Yes, now let's talk to point ... Mr. Carollo: Well, what are we to do then? I mean, all of these people making firm commitments to us for years and years, but nothing in the bank. I mean, that is what, a four year old letter? Mr. Plummer: Well, we do have $21,000 in the banks Mr. Carollo: What? Mr. Plummer: We do have $21,000 out of $22,0009000. Mr. Mayor, there was a second portion to that. The second portion to that was that Mr. Gould is bound by the Id 79 May 9, 1985 development order as it relates to Center I and to the improvements at the People Mover, and how much is that for the record? Mr. Pereira: Half million dollars. Mr. Plummer: A half million dollars. He is committed to that by the development order, not by us! So, what I am looking at is that Miami Center, before they get their C.O. in indebted to live up to those obligations of the development order alone, or they cannot receive their C.O. Now, my problem is, the Administration is recommending an additional 60 day temporary C.O. There are in fact, safety obligations in that temporary C.O. For example, the ducts for the fire ventilation. Mayor Ferre: Make your motion. Mr. Plummer: That is a safety problem. I am saying to you that I don't think ... we have already given them what, Walter - 18 months? Mr. Pierce: Approximately 14 to 18 months. Mr. Plummer: They have operated on it 18 months? 14 to 18 months - as far as I am concerned, you know, they have had that much time. Give them 30 days, put everybody on notice that if they don't live up to their obligations, so be it! Mayor Ferre: Well, what is your motion? Mr. Plummer: I am just one. I am expressing my opinion. Mayor Ferre: What is the will of this Commission on this item? Mr. Manager, do you want to add anything to it? Mr. Plummer: Yes, they had all kinds of pleasant things to say about the Administration as well as the individuals involved. Mr. Pierce: We really love each other! Mr. Pereira: We had, I conuened a meeting of the staff to be working on this issue in order to get familiarized with what is happening and there is no question that the City and the Administration have tried to work with the developer in trying to achieve the corrections that are needed, which by the way, as Commissioner Plummer stated, are safety related, but you know, let it be known that they are not terribly expensive, and the four item, they can be taken care of with not much expenditures. We came up ... the staff recommendations ... Mr. Plummer: Whoa! The fifth item ... Mr. Pereira: Yes, the fifth item - those things are related to actual construction, which are four, if I recall correctly. The fifth item, which is tied to development order, which is $500,000 for those things that were mentioned by you, which is a big ticket item, is a half million dollars. We, the staff recommended 60 days in order to Number one, be able to resolve the issues and also to give, if in fact they are not going to be done, that ample time for notices to tenants, you know, could be achieved. Our position is that if is not done in 60 day then we will move to take whatever steps are necessary to close the this. Mr. Dawkins: Mr. Manager, in the event that you grant the 60 day extension and Mr. Gould is already in Chapter 11, and sti ld 80 May 9, 1985 for some of those safety violations that Mr. Plummer alluded to, someone is hurt and sued the City and Gould, and Gould is in Chapter 11, who is responsible? Mr. Pereira: I'm asking the City Attorney to address this. Mrs. Dougherty: You are talking about if someone were to be hurt as a result of our not enforcing the safety regulations, is that correct? Based on the new decision that just came out Trianon vs. City of Hialeah, the City wouldn't have any liability. Mayor Ferre: Would not have any? Mrs. Dougherty: Would not. I don't know if I told you this, but based on that negligent inspection case that went to ... Hialeah lost, based on some condominiums and then it went to the Supreme Court of the State of Florida and it was reversed and the City of Hialeah won, and based on that kind of discretionary function on the City, it is the lack of enforcement. Mr. Plummer: No, no, excuse me. That was not his question. Speaking to the collective liability law presently before this state, if an award is given by negligence against him and against the City - he is not able to pay - what he is saying is the City might have to pay both. Mrs. Dougherty: That is right, but what I am saying to you is for negligent inspection the City is no longer liable. Mr. Dawkins: But it is not a negligent inspection. We have already said the City, according to the Manager - the Manager has just admitted that if an unsafe building - and we are giving a temporary certificate to an unsafe building! Mr. Dougherty: Mr. Commissioner, the City Manager may not give a temporary C.O. He has to certify, or the building inspector has to certify that all of the safety objects are met - they can't give a temporary C.O. to an unsafe building. Mr. Dawkins: Okay, no problem! But, I mean, they will sue the City, not the Commissioners, right? Mrs. Dougherty: That is right. Mayor Ferre: I will express my opinion. Mr. Manager, do you recommend this? Mr. Pereira: I am recommending it, yes, sir. Mayor Ferre: In your opinion this is in the best interest of the City? Mr. Pereira: I think all things taken into consideration, I think it is in our best interests to try to resolve this within the next 60 days. Mayor Ferre: All right, my vote will be in support of the Administration. Mr. Plummer: Question, what happens if Mr. Gould sells within the next 60 days? Mr. Pereira: Well, the new owners would have to assume that responsibility within the same period of time that we have stipulated. Mr. Plummer: W...it if they don't? 1d 81 May 9, 1985 Mr. Pereira: Then we will close the building. (INAUDIBLE BACKGROUND COMMENTS) Mr. Pereira: Try me. Mr. Dawkins: I think this would be the first one of your professional advices that I have voted against! Mayor Ferret All right, what is the will of the Commission? Make your motions. Mr. Carollo: Madam City Attorney, would it place us in a more sound legal standing if we were to advertise this liability on his part? In case he does sell within that time that the new orders wouldn't be legally placed unnoticed. Mrs. Dougherty: I believe the development order probably is in the public records, but we will check to make sure that some method of notice is. Mayor Ferre: All right, again what is the will of this Commission? Mr. Carollo: I guess this includes both the hotel and the office building? Mr. Pereira: You know, the area ... Mr. Plummer: Mr. Mayor, I will make a recommendation. I make the recommendation that we give him 30 days to comply and that at the end of 30 days ... well, excuse me. We give him until the 13th of June. Mayor Ferre: There is a motion. Is there a second? Mr. Carollo: Second. Mayor Ferre: Further discussion? Call the roll. Mr. Pereira: Hold it a minute. Mr. Plummer: What, do you have a problem? Mr. Pereira: Lucia has, I think. Mr. Plummer: Do you have a problem.? Mrs. Dougherty: All I am saying is it is within the discretion of the building official, not the City Commission whether or not they issue ... Mr. Plummer: New motion. Scratch the last. The policy of this Commission, that a permanent C. 0. not be granted until the 13th of June at such time as this Commission will have the right to review. Mayor Ferre: Is there a second to that motion? Is there a second to the motion? Are you still seconding? Mr. Carollo: Certainly. Same thing, different time. Mayor Ferre: Carollo seconds. Further discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: �' ld 82 May 9, 1985 MOTION NO. 85=489 A MOTION ESTABLISHING THE POLICY OF THE CITY COMMISSION THAT IN CONNECTION WITH MIAMI CENTER I DEVELOPMENT, THAT A PERMANENT CERTIFICATE OF OCCUPANCY SHALL NOT BE GRANTED UNTIL JUNE 139 1985, AT WHICH TIME THE CITY COMMISSION WILL HAVE THE OPPORTUNITY TO REVIEW THIS ISSUE; FURTHER DIRECTING THE CITY MANAGER TO NOTIFY ALL INTERESTED PERSONS OF THIS ACTION OF THE CITY COMMISSION STRESSING THAT IF BY JUNE 13TH NO EARNEST EFFORT HAS BEEN MADE TO COMPLY WITH THE CITY'S REQUIREMENTS, IT SHALL BE WITHIN THE CITY COMMISSION'S POWER TO COMPLETELY CLOSE DOWN BOTH BUILDINGS. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vnte— ld 83 May 9, 1985 0% AYES: Commissioner Demetrin Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. Mr. Plummer: That, Mr. Mayor, does carry with it, Mr. Manager that you shall so notify the owners, whoever they may be, or the bankruptcy court, whoever they may be, of the action of this Commission today, that at possibly on the meeting of June 13th, that if an honest effort of compliance, or compliance itself is not met, that this Commission is empowered to completely close the buildings. We are not saying we are going to, but you put them on notice that that is within the power. 36. ACCEPT ADMINISTRATION'S RECOMMENDATION FOR ACQUISITION OF HIGHLAND PARK SITE FOR AFFORDABLE HOUSING AND INSTRUCT MANAGER TO ASSEMBLE STATISTICAL INFORMATION REGARDING ACQUISITION OF THE P.B.A. SITE. ------------------------------------------------------------ Mayor Ferre: We are now on Agenda Item "F", Highland Park site for affordable housing. Yes, sir. Mr. Pereira: I believe that we distributed to you a resolution where we are requesting Metropolitan Dade County to act on behalf of the City of Miami to acquire the Highland Park site on a quick take procedure. Mayor Ferre: All right, with regards to Highland Park - we will get to the P.B.A. site in a moment. Mr. Pereira: We will get to that next. Mayor Ferre: Is there a motion on Highland Park? Mr. Dawkins: I move it. Mr. Carolln: Second. Mayor Ferre: There is a motion that we follow the recommendations on Highland Park - Item "F", seconded by Carollo. Further discussion? Call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 85-490 A MOTION ACCEPTING THE ADMINISTRATION'S RECOMMENDATIONS FOR THE ACQUISITION OF THE HIGHLAND PARK SITE FOR THE AFFORDABLE HOUSING PROGRAM, AS MORE FULLY OUTLINED BEFORE THE CITY COMMISSION ON THIS DATE. Upon being seconded by Commissioner Carolln, the motion was passed and adopted by the following vote - AYES: ld Commissioner Demetrin Perez, Jr. 84 May 9, 1985 1^1 Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. Mayor Ferre: Now on the P.B.A. site. Mr. Pereira: On the P.B.A. site, Mr. Mayor and members of the Commission, we had been working with the P.B.A. My understanding is that an offer was made which was rejected by the Board of the P.B.A. Now the City Attorney will have to address our next step, because as you know, there were some complications when we tried to acquire this site in court. Lucia. Mrs. Dougherty: Yes, sir, Mr. Mayor and Commissioners. As you recall, we tried to acquire both the Highland site and the P.B.A. site. The court found, as a matter of law, the P.B.A. site was not in a redevelopment area and hence we could not condemn it because it wasn't slum and blighted. Since that period of time, the State Legislature passed a law which included affordable housing as a reason for condemnation in the community redevelopment act. The County Attorney, in consultation with my office yesterday says that we still need to declare the area a community redevelopment area, even though it is not slum and blighted, but for the reason that we need affordable rental housing, so we need some staff work on it - probably the same kind of resolution would be appropriate to do everything necessary to condemn the property immediately, but we are still going to have to declare it a community redevelopment area and that is going to take a longer period of time for the staff work. Mayor Ferre: That requires an action of this Commission right now. What do we need to do today to get it going? Mrs. Dougherty: Direct the Administration to get the statistics ready in order to declare it a ... Mayor Ferre: To have a public hearing to declare it? Mrs. Dougherty: A community redevelopment area, yes. Mayor Ferre: A community redevelopment area. Is there such a motion? Mr. Dawkins: Moved. Mr. Plummer: So moved. Mayor Ferre: It has been moved and seconded. Is there further discussion on the motion as read? Call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 85-491 A MOTION DIRECTING THE CITY MANAGER TO ASSEMBLE ALL THE NECESSARY STATISTICAL INFORMATION AND TO ARRANGE FOR THE NECESSARY PUBLIC HEARINGS TO BEGIN THE PROCESS OF ACQUISITION OF THE P.B.A. SITE FOR THE AFFORDABLE HOUSING PROGRAM. Id 85 May 91 1985 Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. r rrrr r-rrr rrr rrrrrrrrrrrrrrr rrrr rrrrrrrr rrrrrrrrrr iir rL il►rrrrrr 37. GRANT PARADE PERMIT: GAY PRIDE COMMITTEE JUNE 309 1985 COCONUT GROVE UPON PAYMENT OF EXPENSES IN ADVANCE, ETC. rrrrrrrr rrrrrrrr rrr rrr rrrrrr r r rr rrrrrrrrr- rrrrrrrrrrrr r rrrrr Mayor Ferre: All right, Mr. Eric Lawrence, South Florida Gay Pride Committee. Mr. Eric Lawrence: The South Florida Gay Pride Committee is asking the Commission for a parade in Coconut Grove on June 30th. Mayor Ferre: Mr. Lawrence, there is a note here that the Administration has already rented out Coconut Grove Exhibition Center on June 30th, so it is not available. Mr. Lawrence: What? Mayor Ferre: It is rented. Mr. Lawrence: We have rented the Exhibition Center on June 30th. Mrs. Dougherty: It is rented to them. Mr. Plummer: No, no, Maurice. It is rented to them. Mayor Ferre: Oh, it is rented to you! Oh, I am sorry. The City has already rented it. Okay, I am sorry. Go ahead. Mr. Carollo: Mr. Manager ... Mr. Pereira: What is the question. Mr. Plummer: The question is about the parade. They are Raying to rent - right? You made the rental of the uditorium. Mayor Ferre: What is the question before the Commission? Mr. Plummer: The question is, as I recall, how much is it going to be for sanitation. How much for police, how much for in -kind services. Mr. Pereira: The last ... and we checked this morning with our staff. The solid waste cost is $400. The deposit has not been received nor the Solid Waste Department been contacted from the Committee after their original contact which was back in early April. The same is with the Parks Department - there was some communication. They have not heard. The same goes for the cost of police, which is $49156. None of those items which we indicated to Mr. Lawrence last time, that he had to contact those City departments and work out a deposit. Our understanding as far as this morning - have you, between early this morning Id 86 May 9, 1985 and now, visited those departments and made the appropriate deposits? They have not been received. Mayer Ferre: What is the issue before us? Mr. Carollo: What we asked the last time, Mr. Manager, was the full amount that had to be paid - deposits, fees, what have you. Mr. Lawrence: They had to be paid before the parade could go on. The Police Department said that had to be in approximately a week before. Sanitatimn said that their check had to be in a week before. Mr. Pereira: Well, we asked you ..o you know, last time you were here, now, you are over there. You recall you were standing right here and I asked you to go, talk to these departments and make your deposits. Obviously you have not done that. That is all I am concerned with. The Commission asked the same question that they are asking now and I said to you "Please go to the Police Department, to the Solid Waste Department, and other City departments that were involved in this and to make the appropriate deposits, so that I could report to this Board that you ha,%te met with us and that all of those concerns were taken care of. That has not occurred. That is all I can report to you at this point. Mayor Ferre: What is the issue? Mr. Carollo: Mr. Manager, again, how much do the;► have to pay in police protection and sanitation? Mr. Pereira: You are talking in round numbers sort;=where around $4,500 to $5,000. Mayor Ferre: For the whole thing. Mr. Pereira: For the whole thing. Mr. Caroll,): Is that for everything, or just for police? Mr. Pereira: That is for Police and Solid Waste. Mr. Carollo: Police and Solid Waste. Mr. Plummer: No, no. That is just the parade. Mr. Pereira: That is just the parade, yes. Mr. Plummer: Does that include the Auditorium? Mr. Pereira: Now, the Auditorium was ... Mr. Plummer: That is a separate issue. Mr. Plummer: They are not here about the Auditorium. Mr. Pereira: They are not here about the Auditorium. Mr. Carollo: So that is for Police and Solid Waste. Does that include all the permits and everything else? (INAUDIBLE BACKGROUND COMMENTS) Mr. Dan Bradley: I am Dan Bradley from the lawfirm of DuFresne and Bradley and I am the attorney for the Gay Rights Committee. I think there has been some miscommunication that maybe we can resolve. When I spoke to my client after he appeared before the last City Commission, -W ld 87 May 9, 1985 I told him to go down and speak to the Police Department. He has a budget here - the Police Department told him fifteen police officers at $22.00 an hour for $19485, totaling 1800 for police officers and the other events $2,100 for the permits and the vehicles, totaling $4,156. I asked him to ask of the City if they wanted the money now. He said "No, all you have to do is give it to us a week prior to the event". I sent him to the Waste Department with a check to pay them. The man told him it would be approximately $300. We were offering to pay the money immediately. We need it until the City has approved - your authority to have the parade permit. Last year when we made the payment to the Sanitation Department, they refunded the check for us, because they said it was absolutely nothing to clean up. We are prepared to make the payment. We have the money to make the payments. It is just a question of whether or not this City Commission requires my client to pay that in hand in your official's hands before you act. The City officials that we are dealing with are telling that "No, you pay us after the City approves the permit", so my client and I, we are sort of caught in, you know, in an inconsistent position. Mr. Carollo: What is the full amount that the Police Department requested from you? Mr. Bradley: For the budget that they asked us to prepare, the number of sergeants on duty - two, the number of police officers on duty is fifteen, and the number of lieutenants - one, for a total cost of $1,878, just for the hour's parade. Mr. Carollo: $1,871? Mr. Bradley: $1,878. Mr. Carollo: $1,878 for the parade? Mr. Bradley: For the parade. For the activities in the Auditorium itself, an additional $2,152. Mr. Carollo: $2,152, that is for the additional activities see Mr. Bradley: In the Auditorium. g Mr. Caroller: In the Auditorium. Mr. Bradley: The City officials that Mr. Lawrence spoke to, because I told him quite frankly that he needed to bring to You evidence that he has made his payments. The officials that he talked to said "No, you don't pay until the City approves it", and I think we need some clarification. We are prepared to do whatever is the wish of the City >: Commission. 'F.. Mayor Ferre: All right, what is the wish of the Commission? Mr. Carollo: Is our lawfirm from Dade Count Y Yr sir, or ...? Mr. Bradley: y Yes, sir, DuFresne and Bradley, One Biscayne Tower Building. Last year we had the same identical event on Flagler Street - a parade that lasted about an hour and ended in Bayfront Auditorium. That year we are requesting authorization basically to march from center of Grove down to the Dinner Key Auditorium where the activities will take place inside the auditorium. p Mayor Ferre: Mr. Manager, what action does the City Commission have to take or not take? ld 88 May 91 1985 Mr. Pereira: The request is granting of the permit for the parade area and ... Mayor Ferre: Well, legally, Madam City Attorney, can we deny them the right to a parade? Mrs. Dougherty: The answer is no. Mr. Bradley: Mr. Mayor, if I may suggest ... Mayor Ferre: Just hold on. This resolution that Bob just brought, is this what is needed? It is a resolution establishing a temporary pedestrian mall on June 30th by closing certain streets in the Coconut Grove area in the City from traffic on that date during designated hours and so on. That is a standard thing that we pass whenever we have parades or what have you. Mr. Carollo: What streets have to be closed down, and what time of the day? Mayor Ferre: Somebody clarify that? Mr. Bradley: Mr. Carollo, if I may - the Police Department gave us a map, if I could present to that to you, but primarily, it is going to be a relatively small group that will assemble basically in the area of the tennis courts behind the elementary school there, march down Grand Avenue, McFarland, to Bayfront Park. The City is already drawn out - the City Police Department has sketched out this map, if you would like to say it. Mr. Carollo: When you say a small group, what size of a group? Mr. Bradley: Last year we had - we estimated around 1,500. The news media said less than that. Mr. Mayor, I would suggest that if it is the Secondly, that we will file a . position of the Commission in terms in approving. Of course, no permit will be issued if we don't pay the fee and you can certainly approve it contingent upon us paying all of the required fees. Mayor Ferre: All right, what's the will of this Commission? Mr. Dawkins: I make the motion. Mayor Ferre: Is there a second? Mr. Plummer: As long as everything is paid seven days in advance I will second the motion. Mayor Ferre: All right, further discussion, call the roll. ON ROLL CALL: Mayor Ferre: I'm voting with the motion because I think that in the same way that I took a position on Prince and Mother Ignatius tells it all. Even though I do not agree with the intention of this group I think that in this Democracy as long as they follow the laws and regulations, that this City has no legal right denying these people the opportunity to express their opinion as guaranteed by the first amendment of the United States. I vote "yes". Mr. Dawkins: Mr. Mayor, I would like to also, piggy back on that by saying being one who has been oppressed, I don't see any reason why these people cannot exercise what's guaranteed to them by the first amendment of the United May 99 1985 States of America and therefore, that's why I'm... Although, I too do not subscribe to whatever their lifestyle is. They still by the Constitution are entitled to it. Mr. Carollo: Commissioner and We Mayor, I think you both are correct. Let me tell you on the record why I voted "no" on this particular issue. Number one, this is a pretty hefty amount that I haven't seen any guarantees that it's going to be paid yet and the motion was to approve it period. Mayor Ferre: Contingent on payment. Mr. Carollo: No, that's not what Commissioner Dawkins stated. Secondly, my concern is that I have seen all these outside organizations, these particular group is based in Fort Lauderdale. They are all coming to Miami to hold their parades to hold their gathering, to hold their activities and we are the ones that are having to put the extra police officers out their, having to carry the extra burden. Now, this is not San Francisco, this is not other places. This is the City of Miami and if you have groups that are based in other places, I think it's only, you know, more appropriate that they have the activities that they want in the pllace where they are based at. In this case it's Fort Lauderdale. They have a right, yes, under our laws to hold whatever activities they want in the City of Miami. That doesn't mean that we have to agree with it or disagree with it. I just haven't seen anything paid up yet and until I see that amount and probably more that has to be paid on fire and first aid, I'm not going to be voting anything such as that. Mr. Dawkins: Mr. Mayor, may I take a minute to ask, Mr. Clerk will you read the motion back? Mr. Ongie: Mr. Plummer in seconding the motion added the caveat upon payment of the necessary fees. Mr. Dawkins: Thank you. So, therefore,... Mr. Plummer: No, no, no, seven in advance. Mayor Ferre: Seven days. Mr. Dawkins: Seven days prior tn. Mr. Ongie: Yes. Mr. Dawkins: It had to be paid seven days prior to the affair or no permit. Ok. All right, thank you. Mr. Bradley: Thank you, Mr. Mayor and Mr. Dawkins and Mr. Plummer. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 85-492 A MOTION GRANTING A REQUEST MADE BY A REPRESENTATIVE OF THE SOUTH FLORIDA GAY PRIDE COMMITTEE TO HOLD A PARADE THROUGH COCONUT GROVE ON JUNE 30, 1985, SUBJECT TO EVERYTHING BEING PAID BY APPLICANT SEVEN DAYS IN ADVANCE OF THE AFFAIR. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote- ld 90 May 9, 1985 AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: Commissioner Demetrio J. Perez, Jr. Vice -Mayer Joe Carollo. ABSENT: None. rrrr rr r r rr rrrrrrrr rrrr rrr rr rrrrrr rr rrr rrrrrrrrrrr rrrrrrr r.rrr 38. CONSENT AGENDA rr r r-.rr r- rrrrrrr rrrrrr rrrrr- rrrrr rrrrr rrrr rr rrrrrrrrr rrr rrrr NOTE FOR THE RECORD: Items #10-22 were pulled. Mayor Ferre: On the Items other than the ones that have been pulled, is there a motion? Anybody want to speak to any of these issues? Seeing none, it's been moved and seconded, call the roll on the remaining items of the Consent Agenda. The following resolutions were introduced by Commissioner Plummer, seconded by Commissioner Carollo and passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Commissioner Demetrio Perez, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. 38.1 ACCEPT COMPLETED WORK: EDISON POOL. GREEN'S POOL SERVICE - FOR RESOLUTION NO. 85-493 A RESOLUTION ACCEPTING THE COMPLETED WORK OF GREEN'S POOL SERVICE AT A TOTAL COST OF $21,811.78 FOR EDISON POOL -UNDER DECK PRESSURE PIPING REPLACEMENT; AND AUTHORIZING A FINAL PAYMENT OF $4,531.78. 38.2 RESOLUTION ALLOCATING $100,000 CD BLOCK GRANT FUNDS FOR THE PURPOSE OF IMPLEMENTING THE LATIN QUARTER COMPREHENSIVE FACADE TREATMENT PROGRAM. RESOLUTION NO. 85-494 A RESOLUTION ALLOCATING $100,000 IN 10TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE PURPOSE OF IMPLEMENTING THE LATIN QUARTER COMPREHENSIVE FACADE TREATMENT CENTER. 38.3 AUTHORIZING RESOLUTION: ISSUANCE OF WASTE COLLECTION LICENSE - WILLIAM JOHNSON, D/B/A WORLD SANITATION. RESOLUTION NO. 85-495 A RESOLUTION AUTHORIZING THE ISSUANCE OF WASTE COLLECTION LICENSE, PERMITTING WILLIAM JOHNSON, D/B/A WORLD SANITATION, TO COMMENCE DOING BUSINESS ld 91 May 9, 1985 UPON FULL COMPLIANCE WITH CHAPTER 22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA. 38.4 AUTHORIZING RESOLUTION: PURCHASE COMPUTER EQUIPMENT FROM THE BURROUGHS CORPORATION UNDER AND EXISTING STATE OF FLORIDA CONTRACT. RESOLUTION NO. 85-496 A RESOLUTION AUTHORIZING THE PURCHASE OF FIFTY (50) B-20 MICRO COMPUTERS, FIFTY (50) PRINTERS, AND ASSOCIATED PERIPHERAL EQUIPMENT FROM THE BURROUGHS CORPORATION UNDER AND EXISTING STATE OF FLORIDA CONTRACT FOR VARIOUS CITY DEPARTMENTS AT A TOTAL PROPOSED COST OF $28090009 BASED ON A PROPOSED ANNUAL LEASE COST OF $669000; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THE EQUIPMENT FOR THE VARIOUS DEPARTMENTS; ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENTAL OPERATING BUDGETS OF THE VARIOUS DEPARTMENTS; ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENTAL OPERATING BUDGETS OF THE REQUESTING DEPARTMENTS. 38.5 DEED ACCEPTANCE: EIGHT (8) DEEDS OF DEDICATION FOR HIGHWAY PURPOSES. RESOLUTION NO. 85-497 A RESOLUTION AUTHORIZING THE PROPER OFFICIALS OF THE CITY OF MIAMI TO ACCEPT EIGHT (8) DEEDS OF DEDICATION FOR HIGHWAY PURPOSES AND APPROVING THE RECORDING OF SAID DEEDS IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. 38.6 AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN CITY OF MIAMI, FLORIDA, HOUSING BONDS, OF 1984. RESOLUTION NO. 85-498 A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN CITY OF MIAMI, FLORIDA HOUSING BONDS OF 19849 IN THE PRINCIPAL AMOUNT OF ONE HUNDRED THOUSAND DOLLARS ($100,000) TO REPLACE LOST BONDS. 38.7 RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $109000 IN SUPPORT OF THE FIRST ANNUAL PROFESSIONAL FOOTBALL PLAYERS CHARITY BASKETBALL TOURNAMENT. RESOLUTION NO. 85-499 A RESOLUTION AMENDING RESOLUTION NO. 85-272, ADOPTED MARCH 21, 19859 WHICH ALLOCATED AN AMOUNT NOT TO EXCEED $10,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, QUALITY OF LIFE FUND, FOR A FEE WAIVER FOR THE USE OF THE MIAMI CONVENTION CENTER ON MARCH 22 AND 23, 19859 IN SUPPORT OF THE FIRST ANNUAL PROFESSIONAL FOOTBALL PLAYERS CHARITY BASKETBALL TOURNAMENT; A SAID ALLOCATION BEING CONDITIONED UPON SUBSTANTIAL COMPLIANCE WITH CITY OF MIAMI ADMINISTRATIVE POLICY NO. APM-1-84, DATED JANUARY 24, 1984; AND FURTHER CONDITIONED UPON EVENT -GENERATED PROCEEDS BEING CONTRIBUTED TO THE ETHIOPIAN HUNGER DRIVE, BY AMENDING THE FIRST WHEREAS CLAUSE AND SECTION 1 OF SAID RESOLUTION NO. 85-272, THEREBY CHANGING THE DATE OF THE EVENT FROM MARCH 22 AND 23, 1985, TO APRIL 13, 1985, AND CHANGING THE USE OF THE ALLOCATION FROM A FEE ld 92 May 9, 1985 - r } WAIVER TO COSTS ASSOCIATED WITH THE USE OF THE MIAMI CONVENTION CENTER. 38.8 A RESOLUTION CORRECTING SCRIVENER'S ERROR AMENDING RESOLUTION NO. 85-2800 ADOPTED MARCH 219 1985. RESOLUTION NO. 85-500 A RESOLUTION AMENDING RESOLUTION N0, 85-2801 ADOPTED MARCH 219 19851 WHICH ALLOCATED $159000 FROM FY '75-76 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS - GARMENT CENTER/FASHION DISTRICT REDEVELOPMENT PLAN TO THE SOUTH FLORIDA ECONOMIC OPPORTUNITY DEVELOPMENT COUNCIL, INC. FOR A PERIOD OF ONE YEAR, BEGINNING APRIL 1, 19859 TO PROVIDE TRAINING FOR JOBS AS SEWING MACHINE OPERATORS IN THE CITY OF MIAMI UPON THE CONDITION THAT ANY UNUSED PORTION OF SAID ALLOCATION IN EXCESS OF $7,634, SHALL BE RETURNED TO THE CITY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCY, BY AMENDING SECTION 1 OF SAID RESOLUTION NO. 85-2809 THEREBY CHANGING THE ALLOCATION OF FUNDS FROM FY 175-76, TO FY '80- 81. 38.9 RESOLUTIO14 170. 85-501 A RESOLUTION ACCEPTING THE BID OF HECTOR TURF, INC. FOR FURNISHING ONE (1) GREENS AERATOR TO THE DEPARTMENT OF PARKS AND RECREATION AT A TOTAL COST OF $6,311.50; ALLOCATING FUNDS THEREFOR FROM THE GOLF COURSES ENTERPRISE FUNDS - OPERATING BUDGET; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE ASSISTANT CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. 38.10 RESOLUTION NO. 85-502 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $81,846 FROM SPECIAL PROGRAMS AND ACCOUNTS, QUALITY OF LIFE FUND, TO THE DEPARTMENT OF PARKS AND RECREATION FOR THE VIRGINIA BEACH FAMILY SPLASHDOWN DISCO 185 SERIES. �"�- ld 93 May 9, 1985 G`iri.Ir liiiil(►il�iii.Tiiiiiiiiorii iii.iiiiiiiii�i......i�r.l.i i�...i Y`�fiif i.6 39. EMERGENCY ORDINANCE; ESTABLISH NEW REVENUE FUND SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM 1985 J1 TA 11-9 i-�—�i��i Wr.Y....�r�.-iiii i.►rail.r�i��r`—���G.iiiilll.�...b.. ��� W Mayor Ferre: Take up item 23. Mr. Dawkins: Move it. Mr. Plummer: Second. Question. Mr. Manager, why is this coming as an emergency? Mr. Carl Kern: Yes, sir. The previous actions of establishing the program, this is just setting up the account so we can start to pay the bills. They need to hire the staff so they can go ahead and begin. Mr. Plummer: Why is it an emergency, you have known about it for six months? Mr. Kern: No, sir. The funds were just approved at the last meeting. Now, at this meeting we have got to act so that the financial account so we can pay the bills for all these people we are starting to hire. We can't wait until next month. Mayor Ferre: All right, who moved it? Mr. Plummer: Dawkins moved it, I seconded. Mayor Ferre: Further discussion, read the ordinance on Item 23. Call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM-1985/JTPA II-B", APPROPRIATING FUNDS FOR ITS OPERATION IN THE AMOUNT OF $1,0349082 FROM THE UNITED STATES DEPARTMENT OF LABOR, AND AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF LABOR AND TO ENTER INTO THE NECESSARY CONTRACT(S) AND /OR AGREEMENTS(S) TO ACCEPT THE GRANT AWARD, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Dawkins and seconded by Commissioner Plummer, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre 1d 93.1 May 9, 1985 NOES: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Dawkins and seconded by Commissioner Plummer, adopted said ordinance by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9990. 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. Id 94 May 9, 1985 r...iii`Y...iiO.i`ii/lid-fi.i��..iif..ir.i..i.il..ii.i.iilY 11►.Y..fri.ii..biii.i....iri i�i►i� 40. SECOND READING ORDINANCE; AMEND SUMMARY GRANT APPROPRIATIONS NEW T A A FUND COMMUNITY DEVELOPMENT BLOCK GRANT 11TH TEAR APPROPRIATING WoO401000. ..i ii�ll"�i...fiili.Ifb lYl i..1i�..i ir�►.rY►Yilr.`...�1►IY. iii---ili.�.►.i liL.►iYF i.ri tl.ir GGiiii G.ii�ifi. iri Mayer Ferre: Mr. Plummer: Take up 24. Move it. Mr. Dawkins: Second. Is there a motion? Mayer Ferre: Plummer moves, Dawkins seconds, read the ordinance. Call the roll. AN ORDINANCE - AN ORDINANCE AMENDING SECTION I OF ORDINANCE NO. 8719 ADOPTED OCTOBER 269 1977, THE SUMMARY GRANT APPROPRIATIONS ORDINANCE, BY ESTABLISHING A NEW TRUST AND AGENCY FUND, ENTITLED COMMUNITY DEVELOPMENT BLOCK GRANT (ELEVENTH YEAR); AND APPROPRIATING $14,0409000 FOR EXECUTION OF SAME; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND CONTAINING A SEVERABILITY PROVISION. Passed on its first reading by title at the meeting of April 18, 1985, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Dawkins, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9991. 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. NOTE FOR THE RECORD: AGENDA ITEM 25 WAS CONTINUED TO JUNE 13. ------------------------------------------------------------ 41. FIRST READING ORDINANCE: AMEND ANNUAL APPROPRIATIONS ORDINANCE APPROPRIATE $784,952 FOR MISCELLANEOUS PURPOSES. ------------------------------------------------------------ Mayor Ferre: 33. Mr. Plummer: Move it. Mayor Ferre: Moved by Plummer is there a second. Mr. Dawkins: Second. Mayor Ferre: the roll. Further discussion, read the ordinance. Call Id 95 May 9, 1985 A AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTIONS 4 AND 6 OF ORDINANCE NO. 9901 ADOPTED SEPTEMBER 21, 1984, THE ANNUAL APPROPRIATIONS ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER 30, 19850 BY APPROPRIATING A TOTAL AMOUNT OF $784,952 FROM THE 1984 RETAINED EARNINGS OF THE BUILDING AND VEHICLE MAINTENANCE DEPARTMENT, $653,000 COMING FROM THE HEAVY EQUIPMENT MAINTENANCE DIVISION AND $131,952 COMING FROM THE COMMUNICATION SERVICES DIVISION; INCREASING REVENUES IN A LIKE AMOUNT TO FUND OUTSTANDING PURCHASE ORDERS FOR THE DIRECTOR'S OFFICE, $32,150, HEAVY EQUIPMENT MAINTENANCE DIVISION, $5959452, PRINT SHOP DIVISION, $25,398 AND COMMUNICATIONS SERVICES DIVISION, $131,952 REMAINING AT THE CLOSE OF FISCAL YEAR 1984; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins and passed on its first reading by title by the following vote - AYES: Commissioner Commissioner Commissioner Mayor Maurice NOES: None. Miller J. Dawkins J. L. Plummer, Jr. Demetrio J. Perez, Jr. A. Ferre ABSENT: Vice -Mayor Joe Carollo The City Attorney read the ordinance into the public record and stated that copies had been furnished to the City Commission and that copies were available to the public. NOTE FOR THE RECORD: AGENDA ITEM 34 WAS DEFERRED. ----------------------- ----------- --------- ---- ------------- 42. AUTHORIZE AGREEMENT: CRAMER, HABER AND LUBIS P. C. PROFESSIONAL CONSULTANT SERVICES - FEDERAL LEGISLATION AS IT IMPACTS THE CITY OF MIAMI. r------------r-r--------- -- -- -- ----------------------- Mayor Ferre: We are on 35. This is an agreement with Cramer, Haber and Lukis for professional services. These people have done a tremendous job for the City of Miami over the years. Mr. Dawkins: Move it. Mayor Ferre: Moved, is there a second? Mr. Plummer: Second. Mayor Ferre: Further discussion, call the roll. ld The following resolution was introduced by Commissioner 96 May 9, 1985 '� 4 7 Dawkins, who moved its adoption: RESOLUTION NO. 85-503 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH CRAMER, HABER AND LUKIS, P.C., FOR PROFESSIONAL LEGISLATIVE CONSULTANT SERVICES CONCERNING FEDERAL LEGISLATION WHICH IMPACTS ON THE CITY OF MIAMI AND ITS CITIZENS; ALLOCATING THEREFOR AN AMOUNT NOT TO EXCEED $459000 FOR SUCH SERVICES AND AN AMOUNT NOT TO EXCEED $39000 FOR REIMBURSABLE EXPENSES FROM SPECIAL PROGRAMS AND ACCOUNTS CONTINGENT FUND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Commissioner Commissioner Mayor Maurice NOES: None. Miller J. Dawkins J. L. Plummer , Jr . Demetrio J. Perez, Jr. A. Ferre ABSENT: Vice -Mayor Joe Carollo ----.. r-------r--r-------- ----- ----- ----------------r----- --- 43. MANAGER TO PROVIDE BREAKDOWN OF EXPENSES OF WATSON ISLAND IWHT PROVISIONS AUTHORIZE AGREEMENT WITH TOUCHE- ROSS C.P.A.'S TO EVALUATE PROPOSALS FOR UNIFIED DEVELOPMENT PROJECT WATSON ISLAND. -------- ----------- -------- r ---r -------- r--r------------- Mr. Dawkins: Under 36 before we vote Mr. Mayor. Mr. Manager, every time I look I see the same names coming up for CPA work. Now, we have got Latin minority firms and we have got Black minority CPA firm. Now, why is it... I mean, and I think before you came and I can't hold you responsible an agreement was made that we would start at one place and go straight down the list and then go back up and start over. Now, why is it that this group here they have got this work instead of a minority? Mr. Pereira: In this particular contract the firm is subcontracting with two minority firms Commissioner Dawkins. In terms of the rotation I will ask John to address it, but I believe there is a Charter requirement that we do have one of the.... we have national recognized accounting firms to do this kind of work. Now, in terms of the rotation, John, you want to address that please. Mr. Dawkins: No, I would like to address what you just said. If we continue tacking on minorities as a part of the other groups from out of town and every place, then we are never going to have a local group capable of doing the job. So, when you tell me that this group has two minority firms that doesn't mean a thing to me Mr. Manager, because I keep hearing this every time we get one of these and then you tell me you got to have a big eight firm and... Now, is it... did the City of Miami make the rule that it has to be a big eight firm or how did it become a law that we have to have a big eight firm? Id 97 May 9, 1985 Mr. John Gilchrist: Commissioner, the Charter of the City of Miami requires under unified development projects that it be a nationally recognized firm. There are now twelve, not big eight, but big twelve that meet that requirement and we in turn have required them to have minority participation on the work, but the Charter does tie our hands. Mr. Dawkins: Ok. How long has the development, whatever it is, been in effect? Mr. Gilchrist: The unified development project process procurement has been in effect... the first project was the Bayside Project that was done under that. There have only been three projects so far come before the City Commission. Mr. Dawkins: How long has this been in effect? Mr. Gilchrist: I think it's two years sir. I'm... Mr. Dawkins: And in two years we have not worked up to the point in the City of Miami where we have minority firms that can meet the requirement in two years? Mr. Gilchrist: I believe that's true sir. Mr. Dawkins: But yet and still each one of these guys came have had minority participation, but it's obvious that they have had minority participation only enough to meet the guidelines. They have not worked constructively with them to help them reach a stage where they could challenge them in my opinion, that is sir, to challenge them and bid on the work. Mr. Gilchrist: Well, I can't speak for those firms sir. We t,. do require them to have as sub -consultants minorities... Mr. Dawkins; Ok, continue this until I can sit down with... 7 Mr. Plummer: Well, wait a minute, when you continue it I ,;�= want other information. Mr. Gilchrist until this point in all the years that the the City has been involved, how much ` money has been expended towards the improvement or the... I 'rr guess improvement of Watson Island. r Mr. Gilchrist: To the actual... Mr. Plummer: I'm talking about legal fee financial reports. Mr. Gilchrist: I'm going to make a somewhat guess at that ball park number of about one million two hundred thousand dollars. Mr. Plummer: All right, and that money so far has come out of what fund? Mr. Gilchrist: Well, it came out of several funds, but initially it was parks for people bond funds. I think it was just shy of five hundred thousand dollars. Mr. Plummer: Does that include your salary sir? Mr. Gilchrist: Yes, sir it did. Mr. Plummer: You are talking about million two. Is that money... Mr. Gilchrist: It included my salary and many others, you know. ld 98 May 90 1985 Mr. Plummer: Ok. The question that I really want answered and I will ask you to give me a detailed break down before the next meeting since this is going to be deferred, to the exact cost and I'm talking about fully. Mr. Gilchrist'. I can do that sir. Mr. Plummer: I'm talking about travel. There has been a great deal of travel, but more importantly I want to know is that money going to be reimbursed to the City by the developers? Now, normally on these kind of situations these monies are always loanable and then repaid to the City as part of their consideration for making this possible. No, but I want that in writing at the next meeting if that is the case. Mr. Gilchrist: I think that as an overall that has not been the case, but let me just... this is a minor example, but this particular task we included in the RFP the requirement that a proposer put fifty thousand dollars on the table to cover this specific cost and advertising cost and things related to it. Mr. Plummer: Well, I'm talking about the... Mr. Gilchrist: No, I understand the question. Mr. Plummer: Excuse me, I'm talking about a million two, because it's only right that the City has gone to that expense to bring about for them to possibly have the opportunity to bid and as such it should be reimbursed to the people and the taxpayers of this community. x. Mr. Gilchrist: Commissioner, each of these efforts... It,. Mr. Plummer: So, I'm asking for a two part report. The V:4 first one, the total and fully completed total breakdown of all monies that have been expended. The second, is that these monies are proposed in the RFP to be reimbursable to the general fund of Miami. Mr. Gilchrist: Thank you. I do have a time constraint on this... Mr. Plummer: Then you have got a problem. Mr. Dawkins: Madam City Attorney. Ms. Dougherty: Yes, sir. Mr. Dawkins: Is it illegal to demand that fifty per cent of the total dollars spent remain in this community? See, because I keep hearing every time one of these things come up they tell me they have got minority participation then I have just heard that it's not enough to qualify. All I hear here is that the big twelve or whatever it is, they got a monopoly, because no one will accept the recommendations unless it's from one of the big twelve. So, I have no problem with that if they leave half of the money in Dade County. So, is that illegal? Ms. Dougherty: What do you mean by leave half of the money? Mr. Dawkins: Ok. If they have to joint venture with a minority firm in Miami, that the joint venture, I don't care how many people they use, that the money be fifty per cent for them which is Touche Ross and Company and fifty per cent for whatever minority firm there be. If it's like what we got here... thirty thousand dollars. If they joint venture fifteen thousand go to them and fifteen thousand dollars go to a local minority firm. Is that illegal? ld May 9, 1985 n+. Ms. Dougherty: I would have to look it up. I know that in connection... Mr. Dawkins: Bring it back when we bring the other stuff back. Do you have a problem with deferring this ..... Mr. Pereira: No, 1 don't have any problem with that kind of subcontracting arrangement. Mr. Dawkins: He said he has got a time constraint. So, now let's be sure that we compliment each other, not... Mr. Pereira: Can we get that answer... Mr. Plummer: By the 23rd. Mayor Ferre: Is that all right with you? What is it we are holding up now? Mr. Pereira: Well, can we do it... Mr. Dawkins: Ok. I withdrew 13? Mr. Plummer: He wants on the CPA on Watson Island that fifty per cent of the CPA be a local minority. Mayor Ferre: Well, then make your motion on that basis. Mr. Plummer: We did to defer it until the time that... Mayor Ferre: J. L., so these guys can get going on this darn thing, make your motion on the basis that it be Touche Ross with a fifty per cent minority thing. Mr. Dawkins: No, wait now. The motion is that they have a fifty per cent minority and they break the dollars fifty per cent. Mayor Ferre: That's it. Mr. Plummer: Local. Ok. Mr. Dawkins: Local minority. Mayor Ferre: It's seconded by Plummer. Mr. Plummer: Well, but Maurice, I have asked for two other items. I have asked for a complete breakdown on the total cost expended by the City to date and the second portion is that a guarantee that whoever is the successful bidder, that the 1.2 million approximate that John Gilchrist says that we have spent will be reimbursed to the general fund of this city in the negotiated... Mayor Ferre: Make that in a separate motion and I will vote with you. All right, now we already talked... Mr. Plummer: Incorporate that in your motion and I will second it. Mayor Ferre: We are talking about the accounting aspects of this right? Mr. Plummer: No, sir. Mayor Ferre: All right, make your other motions first J. L. and wee will vote on that and then we will, you know... I'm telling you I am voting with you. So, I'm not going to go back on that. ld 100 May 9, 1985 Mr. Plummer: What I'm saying is that the total... whatever total has been expended by this City to date or to the time of successful biding that that will be incorporated in the negotiations to be reimbursed to the general fund of this... by the... Mr. Dawkins: I second. Mayor Ferre: All right, I will... make that a separate motion please and I will... Mr. Plummer: I did. Mr. Dawkins: We are voting on his motion first. Mayor Ferre: All right, we are voting on your motion first. Is the motion clearly understood? Mr. Pereira: Let me say that I don't believe that there are any constraints from us to enter into the kind of arrangements that Commissioner Miller has suggested with, you know, with this firm in terms of fifty per cent. Lucia is that... Mayor Ferre: We are not talking about that now. Ok. We are ready to vote on the motion as presented by Plummer. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 85-504 A MOTION DIRECTING THE CITY MANAGER TO PROVIDE TO THE CITY COMMISSION A COMPLETE AND TOTAL BREAKDOWN WRITTEN REPORT OF ANY AND ALL COSTS WHICH HAVE BEEN INCURRED BY THE CITY IN CONNECTION WITH THE PROPOSED DEVELOPMENT OF WATSON ISLAND INCLUDING, THOUGH NOT LIMITED, EXPENSES SUCH AS LEGAL FEES, FINANCIAL REPORTS, STAFFS SALARIES: ETC.: FURTHER DIRECTING THE CITY MANAGER TO INCLUDE AS PART OF THE R.F.P. THE PROVISO THAT ALL MONIES HERETOFORE SPENT BY THE CITY IN CONNECTION WITH SAID PROPOSED DEVELOPMENT, SHALL BE BORNE BY THE SUCCESSFUL BIDDER AND REIMBURSED TO THE CITY'S GENERAL FUND. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. Mayor Ferre: Now, on 36. Mr. Dawkins: Now, on 36 that we are going to pass this and the company has to know that they got to have minority participation and fifty per cent of the total dollars has to go to a local minority. ld 101 May 9, 1985 Mr. Gilchrist: Commissioner, you had selected this firth before with two minority firms attached to it. So, what you are saying is that you want fifty per cent of the... Mayor Ferre: That's correct. Mr. Dawkins: That's all. Mayor Ferre: Is there further discussion on the motion as amended? Call the roll on 36. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 85-505 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH TOUCHE ROSS & CO., CERTIFIED PUBLIC ACCOUNTANTS, ENGAGING SAID FIRM TO EVALUATE THE FINANCIAL VIABILITY OF A PROPOSAL SUBMITTED IN RESPONSE TO THE REQUEST FOR PROPOSALS FOR THE WATSON ISLAND DEVELOPMENT UNIFIED DEVELOPMENT PROJECT; AUTHORIZING COMPENSATION FROM WATSON ISLAND DEVELOPMENT PROJECT MONIES APPROPRIATED IN THE CAPITAL IMPROVEMENT FUND, FOR SERVICES NOT TO EXCEED AN AMOUNT OF OF $30,000 FOR THE PERIOD COMMENCING MARCH 28, 1985, THE DATE OF SAID FIRM'S SELECTION, AND TERMINATING JUNE 30, 1985; FURTHER PROVIDING THAT 50% OF THE DUE AMOUNT BE PAID TO THE MINORITY FIRMS PARTICIPATING WITH TOUCHE ROSS & CO. IN THE ANALYSIS OF SAID PROPOSAL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo t Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. ---------- --------------- ----------------------------------- 44. AUTHORIZE CONTRACT: E. P. IACONIS CPA TO ASSIST IN PREPARATION OF DOCUMENTS -DISPOSITION AGREEMENTS SELECTED DEVELOPERS SOUTHEAST PARK WEST OVERTOWN PROJECT. ------------------------------------------------------------ Mayor Ferre: We are on 37 Iaconis. Is there a motion on this? Mr. Dawkins: I think Mr. Bailey said this was the only one that could do the job and do it as quickly as he need. I move it. Mayor Ferre: Moved by Dawkins. Mr. Plummer: Second. gl 102 May 9, 1985 Mayor Ferre: Seconded by Plummer, further discussion, call '. the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 85-506 a ' A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT IN SUBSTANTIALLY THE FORM ATTACHED BETWEEN THE CITY OF MIAMI AND E.P. IACONIS, A CERTIFIED PUBLIC ACCOUNTANT, FOR A FEE NOT TO EXCEED $10,000 TO ASSIST IN THE PREPARATION OF LAND DISPOSITION AGREEMENTS WITH SELECTED DEVELOPERS FOR THE SOUTHEAST OVERTOWN/PARK WEST PROJECT PHASE I REDEVELOPMENT AND ALLOCATING MONIES THEREFOR FROM THE 1976 GENERAL OBLIGATION HOUSING BOND FUNDS AND A SECTION 108 LOAN FROM THE U. S. DEPARTMENT OF HOUSING AND DEVELOPMENT SECTION 108 LOAN PROGRAM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins 4 Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre 3; NOES: None. r.., ABSENT: None. ------------------------------------------------------- ```~" 45. ACCEPT APPRAISAL PROPOSALS: SLACK, SLACK, A ROE INC, MAI APPRAISERS — FAIR MARKET VALUE OF BLOCKS 2 A 4 k_ DUPONT PLAZA. Mayor Ferre: Take up 38. Mr. Plummer: Move it. Mayor Ferre: Moved by Plummer, is there a second? Mr. Dawkins: Second. Mayor Ferre: Seconded by Dawkins, call the roll. The following resolution was introduced by Commissioner gl 103 May 9, 1985 4t Plummer, who moved its adoption: RESOLUTION NO. 85-507 A RESOLUTION ACCEPTING THE PROPOSALS OF PROPERTY CONSULTANTS, INC., AND SLACK, SLACK, & ROE, INC., MAI APPRAISERS, FOR FEES OF $5,000 AND $69500, PLUS EXPERT WITNESS FEES OF $75 AND $140 PER HOURS RESPECTIVELY, TO APPRAISE, FOR THE PURPOSE OF ESTABLISHING FAIR MARKET VALUE, TWO BLOCKS OF PROPERTY LEGALLY DESCRIBED AS BLOCKS 2 AND 49 ALL IN DUPONT PLAZA SUBDIVISION AS RECORDED IN PLAT BOOK 50 AT PAGE 11; BOUNDED ON THE NORTH BY S.E. SECOND STREET; ON THE WEST BY S. E. THIRD AVENUE; ON THE SOUTH BY S.E. FOURTH STREET, AND ON THE EAST BY S.E. THIRD AVENUE; ALLOCATING FUNDS TO COVER THE COST OF THE APPRAISAL FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins l Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. ��------------------ ------------------------------ - - -- ------ 46. AUTHORIZE CONTRACT: FINANCIAL SYSTEMS ASSOCIATES INC. DESIGN SPECIFICATIONS TO IMPROVE CITY FINANCIAL ACCOUNTING SYSTEM '1'2 - -- - - --- ------ -------------------------------------------- µ" Mayor Ferre: We are now on 40, authorizing the Manager to }`x enter into a contract with Financial stems and so on. S Y Mr. Dawkins: And this has your recommendation Mr. Manager? Mr. Pereira: Yes, sir. Mr. Dawkins: Move it. Mayor Ferre: Moved by Dawkins, seconded by Plummer further discussion, call the roll on 40. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 85-508 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO, WITH FINANCIAL SYSTEMS ASSOCIATES, INCORPORATED, TO PROVIDE DESIGN SPECIFICATIONS TO IMPROVE THE CITY'S FINANCIAL ACCOUNTING SYSTEM IN AN AMOUNT NOT TO EXCEED $49,995, WITH FUNDING THEREFOR ALLOCATED FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND. gl 104---- (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrin Perez, Jr. rrrrrrrrr - rrrrrrrrrrrrr rrr- rrrr rrrrr rrr rr rrr rr r rr rrrr rrr rr rr 47. EXECUTE AGREEMENT: ALLOCATE $259950 FOR 4TH ANNUAL CITY OF MIAMI YOUTH BASEBALL WORLD SERIES rrrrrrrrrrr rrrrrrr r rr rrrrrrr rrrrrrrrr rrrrrrrr rrrrrrrrrrrrr rr Mayor Ferre: We are on 43, first annual City of Miami youth baseball world series. Twenty-five thousand requested the same as last year. Mr. Plummer: The Manager recommend? Mr. Pereira: Yes. Mr. Plummer: Move it. Mayor Ferre: Plummer moves, Carollo seconds, further discussion 43? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 85-509 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $25,950 FROM THE OPERATING BUDGET OF THE PARKS AND RECREATION DEPARTMENT IN CONNECTION WITH THE FOURTH ANNUAL CITY OF MIAMI YOUTH BASEBALL WORLD SERIES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins Commissioner Demetrio J. Perez, Jr. gl 105 May 9, 1985 �, --------------- 48. DISCUSSION ITEM: DEFERRED CONSIDERATION OF CITY'S ACCEPTANCE OF A $200,000 GRANT FROM THE STATE OF FLORIDA -------------------------------- Mayor Ferre: 44 de=obligation of the two hundred thousand grant. Mr. Plummer: Why a de -obligation? 3 j Mr. Pereira: Those dollars are site specific. We have 1 tried to work with the State and see if we can use those two hundred thousand dollars. Mayer Ferre: It's your baby. i Mr. Plummer: Joe, you better listen to this. Mayor Ferre: We got two hundred thousand dollars from the State, the City is about to turn that money back. Mr. Carolln: No, no, no way. Let me tell you what I recommend we do with that money. What I recommend that we do with that money is that we use that money to do a study and at the same time possibly start using it to establish an t RFP and some of the other requirements that we would need, so that we could come up with the best possible use and I would like to work with staff on this why they are doing . For instance, I want that 2,000 or 2,000 plus boat marina in the horseshoe across from the Marine Stadium, leaving enough room there so that the Marine Stadium can still be used and the barge can be placed there for passengers and the Rowing Club can still use that. Mr. Plummer: Well, I think the proper motion now is to deny 44. Mayor Ferre: No, you don't need to deny it. Mr. Pereira: Can I ... we have a problem there. Mr. Carolln: At the same time, going ahead and trying to attract a Disney or an ABC to bring the Water World so you can have in Ocala connecting it to the other tourists :.y attractions we have - the Seaquarium ... Mayor Ferre: Make your motion. Mr. Pereira: Mr. Mayor ... Mayor Ferre: Go ahead. Mr. Pereira: The is here. The monies that I think could utilize for w at you are talking in terms of proceeding with developing, if I am try to understand what you are saying, some sort of master plan for the area - is that which is our local match, which is something that has been budgeted and there are I believe, about $130,000 plus that we have available for that. The $200,000 that was State money - it is money that was given to us for site specific for this project. I am told by staff that we have talked to the State and there is no way that we can use that money if it is not specifically for this project, that we have to return it. Now Carl, do you want to expand on that, please? gl 106 May 9, 1985 Arl Mr. C--rl Kern: Yes, sir. Carl Kern. Commissioner Carollo, there would be $130,000 of the City funds that would remain in that account, so the Commission could initiate a new project. Mr. Carollo: And the other $200,000 would be to. develop Virginia Key Park. Of course, the $200,000 could be used to develop the beach also will be part of that park. Mr. Kern: Yes, sir. The problem with this particular grant, the $200,000 of which we have used $35,0009 we haven't actually received $200,000. It is an authorization to draw up to $200,000 from the State. The problem is, they gave it to us in 1982 and we extended it twice already and it expires June 30th. It must be used for construction projects. Mr. Carollo: Construction projects? Mr. Kern: Yes, sir. Now after we ... Mr. Carollo: Could that be ... Mayor Ferre: Carl, how in the world could we ... Mr. Dawkins: Not expend $2,000,000. Mayor Ferre: $200,0001 Mr. Dawkins: $200,000 Mayor Ferre: It is so hard to get money from Tallahassee. We get money and we are going to turn some back? I just can't believe we will do that! Mr. Plummer: Well, let me ask this question. Why, if it is for construction you can't use it to improve the stadium that is presently there? Mr. Carollo: It has got to be for parks. Mr. Kern: Yes, for the park - the Virginia Key side. Mr. Carollo: But, construction can include ... Mr. Plummer: So do the parking lot! Mr. Carollo: Construction can include picnic tables, things of that nature, correct? Mr. Plummer: Repaving. Mr. Kern: Yes, sir. The problem is, you know we did the master plan. Now, you are talking about a 600 acre park. We started to look at the utilities that are required, all the parking rows and things that are required. You are talking about a multi -million dollar park just for the infrastructure. Mr. Carollo: Sure, but at least, let's put the dent! Mr. Kern: I now sir, but the problem is, that $200,000 is not enough to get that project off the ground. Mr. Carollo: Fine, but at least you can begin doing something with it. Mr. Dawkins: I am of the opinion of everybody else here. You keep telling me it won't make a dent, but still now, next year you are going to come and tell me to help you pass a $35,000,000 parks and recreation bond issue and you expect me to go out and convince the public to vote for a $3200009000 bond issue when you are turning back $2009000? If you can't spend $200,0009 ynu can't spend $350009000. Mr. Kern: Yes, sir, as you know, I tried very hard to pass that $35,000,000 bond issue two times. Mr. Dawkins: But yet, I am glad we didn't. Mr. Kern: Without the construction money, we can't build a major park on Virginia Key. Mr. Pereira: If I may suggest to you, Carl - in whatever preliminary work we did, there is a possibility that we could take some of those items there, which would make - you know, as the Commissioner said, paving ... I don't know maybe some picnic tables, some landscaping, maybe sand and whatever and try to put that together and just tell the State that you know, we are going to use that money and start some sort of construction - make a footprint so they see we are moving and at the same time we proceed with the remaining $135,000 to develop, you know, the master plan that everybody could agree to. Let's give that a try. Let's give that a shot, you know, with the State and see what happens, okay? Mayor Ferre: All right, do we need to pass a motion? Mr. Plummer: We are on Item 45. Mayor Ferre: In other words, we are just going to skip over Item 44? Mr. Plummer: We are not going to approve it, as it is. Mr. Pereira: You don't need any action now. ---------------------- -------------------------------------- 49. DISCUSSION OF CONTRACT WITH MS. SARAH EATON: COMMISSION WANTS HER AS A FULL TIME CITY EMPLOYEE. ------------------------------------------------------------ Mayor Ferre: We are on Agenda Item 45. This is a contract with Sarah Eaton. Mr. Pereira: Well, do you need an explanation of this? Mayor Ferre: Well, if we are paying Sarah Eaton, why not put her as an employee of the City of Miami? Mr. Rodriguez: Frankly, it has been less expensive to carry her as a consultant. Mayor Ferre: But is it fair to Sarah Eaton to do this to her? I mean, with all due respects, either we need someone that ... if you need her full time then I think it is a very unfair thing to do to this young woman. Mr. Rodriguez: I agree with you and with the budget, if you want to, I can come up with some recommendation. Mayor Ferre: I think the only fair way to do it is if you are going to use her full time, that she be employed for that amount. gl 108 May 9, 1985 Mr. Rodriguez: I agree with you. Mayor Ferre: Now, I don't know whether you need a motion to that effect, or whether ... Mr. Manager? Mr. Pereira: That is something we want to address on next year's budget, Mr. Mayor. Mayor Ferre: Mr. Manager, all I am saying, I am ready to vote for this, but I would strongly recommend that if this young lady is qualified to do the job and she is there full time, we not treat her like a second class person, that we give her benefits of an employee of the City of Miami. Either she is, or she isn't! Mr. Pereira: Yes, I hear what you are saying. I don't think we need a motion. If we have to make any adjustment on the budget in terms of the position, we will be back. Mayor Ferre: Let the record refleet, unless somebody wishes to do different, that this Commission has deliberated on this and if you feel that you need someone on staff full time, that she should be hired as an employee and that the budget will reflect accordingly. ------------------------------------------------------------ 50. AUTHORIZE SALE OF SURPLUS FILL: VIRGINIA KEY. ------------------------------------------------------------ Mayor Ferre: The next item is Item 47. Mr. Plummer: Move Item 47. Mr. Dawkins: I second it. Under discussion, Mr. Manager, what will the money be used for that will come in from the sale of this fill? Mr. Pereira: The money will be going back into the General Fund, Commissioner and could be spent for whatever ... we have not specified what this money is going to be utilized for. Mr. Plummer: What do you anticipate? Mr. Pereira: Based upon last year's contract, somewhere around $40,000. Mr. Dawkins: Okay, can that $40,000 be used for major improvement to parks? Mr. Pereira: You earmark it, sure. Certainly you can earmark it. Mr. Dawkins: All right, I make a motion that the sales from the bill be earmarked now to be spent on the improvement of our parks. Mayor Ferre: So in other words, you are moving 47 with the condition that the monies received from the sale be used for improvements to the parks. Mr. Dawkins: Yes, sir, Mr. Mayor. Mayor Ferre: Is there a second? Mr. Plummer: Yes. gl 109 May 9, 1985 Mayor Ferre: Further discussion? Call the roll on Item 47 as amended. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 85-510 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ADVERTISE THE SALE OF SURPLUS FILL MATERIAL ON VIRGINIA KEY; AND FURTHER AUTHORIZING THAT DURING THE 1985 CALENDAR YEAR THE CITY MANAGER MAY SELL THIS MATERIAL TO INTERESTED BUYERS AT THE PRICE OF $1.84 A CUBIC YARD, LOOSE MEASURE; DIRECTING THAT SALES PROCEEDS BE USED FOR CITY PARK IMPROVEMENTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Commissioner Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Joe Carollo NOTE FOR THE RECORD: AGENDA ITEM 48 WAS WITHDRAWN BY THE ADMINISTRATION. ---------------- -- ---------- --------------------------- ----- 51. AUTHORIZE AMENDMENT TO AGREEMENT: MANUEL G. VERA & ASSOCIATES SURVEYING SERVICES IN CONJUNCTION WITH CITY CONTRACTED PROJECTS. ------------------------------------------------------------ Mayor Ferre: We are on Item 49. This increases from 75 to 175. Mr. Pereira: If I may, Mr. Mayor - 49, 50, and 51 they are all the same. The understanding is we went out through the regular bidding process and we had three firms which contracts expire a year from now. Public Works Department was moving so rapidly on the installation of storm sewers that it is in our best interest at this point, since we have a year left on each of these contracts, to increase the amount so that we can move it to the next phase. This is a feather in our cap that we have been able to move so quickly with this program. We had not anticipated it. Mayor Ferre: Is there a motion on 49? Mr. Plummer: Move it. Mayor Ferre: Is there a second? Mr. Perez: Second. Mayor Ferre: Second by Perez. Further discussion? Call the roll. gl 110 May 9, 1985 'M The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 85-511 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO AGREEMENT, IN j SUBSTANTIALLY THE FORM ATTACHED HERETO, BETWEEN THE CITY OF MIAMI AND MANUEL G. VERA AND ASSOCIATES, INC., INCREASING THE MAXIMUM TOTAL COMPENSATION ALLOWED FOR SURVEYING SERVICES IN CONJUNCTION WITH CITY CONTRACTED CONSTRUCTION PROJECTS, WITH FUNDS THEREFOR ALLOCATED FROM THE PROJECT EXPENSE FOR EACH INDIVIDUAL PROJECT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. 1 Commissioner Demetrio J. Perez, Jr. a Mayor Maurice A. Ferre s NOES: None. ABSENT: Vice -Mayor Joe Carollo - ------------------------------------------------------------ 52. AUTHORIZE AMENDMENT TO AGREEMENT: CAMPANILE AND ASSOCIATES INC. SURVEYING SERVICES IN CONJUNCTION WITH CITY CONTRACTED PROJECTS. ------------------------------------------------------------ Mr. Plummer: Move Agenda item 50. Mayor Ferre: Plummer moves, Perez seconds 50 same as 49. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 85-512 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, ` *y BETWEEN THE CITY OF MIAMI AND CAMPANILE AND f ASSOCIATES, INC., INCREASING THE MAXIMUM TOTAL COMPENSATION ALLOWED FOR SURVEYING SERVICES IN CONJUNCTION WITH CITY CONTRACTED CONSTRUCTION PROJECTS, WITH FUNDS THEREFOR - ALLOCATED FROM THE PROJECT EXPENSE FOR EACH INDIVIDUAL PROJECT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Commissioner Demetrio J. Perez, Jr. Mayor Maurice A. Ferre gl 111 May 9, 1985 NOES: None. ABSENT: Vice -Mayor Joe Carollo r/ii►GiG�iG ft..b—r—am r�•fib N.M. db iIft .orr 53. DISCUSSION AND DEFERRAL: PROPOSED AMENDMENT TO AGREEMENT SCHWESKE-SHISHKIN AND ASSOCIATES INC. SURVEYING SERVICES. rrrrrrrrr rrrrrrrrrrrrr.rrrrrr-r--�rrrrrrrr rr�--rrrrrrrr-ri.—rrr Mr. Plummer: Move Agenda Item 51. Mayor Ferre: Plummer moves, Perez seconds 51. Mr. Dawkins: Under discussion. Mr. Manager, here again we are dealing with surveying and I don't see anything here that is minority, and I hope you don't tell me that we have a Minority Procurement Officer that is responsible for this. Mr. Pereira: I've got to be very candid and honest with you. I don't know what the process of selection was a year ago. Maybe Don, you can throw some light into this. Mr. Dawkins: But see, I have no problem with the process a year ago. Mr. Pereira: I know what you are saying. Mr. Dawkins: I have a problem with the fact that we are extending this for a year and we have yet to address the minority problem. Mr. Dan Cather: We addressed the minority problem initially and we have a minority firm - Manny Vera and Associates is a minority firm. Mr. Dawkins: Manny what? Mr. Cather: Manuel G. Vera - the first one, Agenda item 49. Mr. Dawkins: All right. Mr. Cather: And this contract that you approved a year ago runs for two years. All we are asking for now is for more money to spend than we anticipated. Mr. Pereira: One of the three is a minority. Mr. Cather: One of the three is a minority. Mr. Dawkins: But there are three minorities in the City. Mr. Cather: There are three minorities in the City, but these are the only minorities ... Mr. Dawkins: And one of the minorities is one of the minorities. Now, what about the other minorities? Mr. Cather: Well, the other minority doesn't have any surveying firms and if they come in I would be happy to consider them. Mr. Dawkins: Okay, I tell you what, I am going to defer 51 until you decide to try to find one. Mr. Cather: Fine. gl 112 May 9, 1985 r i ii i46.i.1""" 16b."""awii ii "dw dit""—.-----iiiiii" i----iiiii i`irri—Gii 54. FORMALIZING RESOLUTION: ALLOCATE $159000 TO FLORIDA HOUSING COOPERATIE INC. FOR *FLORIDA COOPERATIVE HOUSING FONUMw iii-----..—i—i---lift --../�---�r--i-----iir--i—i-----fir 1Y.��f1.16 iY►fii f Mr. Dawkins: Mr. Manager, 1 would like to move Agenda Item 22. Mayor Ferre: There is a motion on Item 22. Mr. Carollo: Second the motion. Mayor Ferre: Further discussion? Call the roll on 22. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 85-513 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $15,000 FROM SPECIAL PROGRAMS AND ACCOUNTS CONTINGENT FUND, TO THE FLORIDA ' HOUSING COOPERATIVE INC., TO SUPPORT THE "FLORIDA COOPERATIVE HOUSING FORUM", TO BE HELD JULY 11-12, 1985, IN THE CITY OF MIAMI; SAID ALLOCATION BEING CONDITIONED UPON SUBSTANTIAL COMPLIANCE WITH CITY OF MIAMI ADMINISTRATIVE POLICY APM 1-840 DATED JANUARY 24, 1984; SAID ALLOCATION FURTHER BEING CONDITIONED UPON SAID ORGANIZATION OBTAINING MATCHING FUNDS FROM METROPOLITAN DADE COUNTY AND FIRM WRITTEN COMMITMENTS FROM NATIONALLY RENOWNED INDIVIDUALS IN THE COOPERATIVE HOUSING FIELD TO PARTICIPATE AS PANELISTS IN THIS TWO-DAY CONFERENCE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote- "' AYES: Commissioner Demetrio Perez, Jr. -M Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. 5� ABSENT: None. 70 - ------------------------------------------------------------ 55. AWARD BID: CLEANING ASSOCIATION FOR CUSTODIAL SERVICES } AT MANUEL ARTIME COMMUNITY CENTER FOR 1-YEAR. g}. u. It `. - ----- - --- --- ---- - -- --------- - -------------- --------- --- ---- :4. Mr. Dawkins: Move Agenda Item 19. Mr. Perez: Second. Mayor Ferre: There is a motion and a second on Item 19. All right, it has been moved and seconded. Call the roll on Item 19. gl 113 May 9, 1985 The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 854-514 A RESOLUTION ACCEPTING THE BID OF A. CLEANING ASSOCIATION FOR FURNISHING CUSTODIAL SERVICES AT THE MANUEL ARTIME COMMUNITY CENTER ON A CONTRACT BASIS FOR ONE (1) YEAR RENEWABLE ANNUALLY TO THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE AT A TOTAL PROPOSED FIRST YEAR COST OF $30093.44; ALLOCATING FUNDS THEREFOR FROM THE 1984-85 OPERATING BUDGET OF THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE ASSISTANT CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. --- ------ ----- ---------------------------- - ----------------- • PROPOSED MAYOR FORM OF GOVERNMENT AND EXPANSION OF COMMISSION - DEFERRED TO MAY 23RD. ------------------------------------------------------------ Mayor Ferre: We are now on the public hearing on Item 26. Does anybody here wish to speak on Item 26? All right, let the record reflect that no one has come to speak on the strong mayor proposal on second reading. Anybody wish to speak on this? All right, for or against? Mr. Carollo: For or against? There are some people here who seem to want to speak on it. Mayor Ferre: All right, one more time. Does anybody here wish to speak on the so-called strong mayor, or Executive Mayor amendment to the Charter? t. Mr. Carollo: Marvin Dunn, do you want to speak on that issue? Mr. Mayor, I y guess everybody came to listen and not to talk. �k s: a Mayor Ferre: All right, are there any comments or questions from members of the Commission? Mr. Dawkins: Mr. Mayor I have some questions for the { Manager that I need cleared up. According to the carefully '* worded motion that we passed, it said that you should keep the cost for the seven member Commission to what it is presently for five Commission members. gl 114 May 9, 1985 Mayor Ferre: That was the motion that passed. Mr. Dawkins: Okay, I do not believe that I can sincerely say to the public that if you vote for seven members that the cost is going to be the same as five members. Now, no where in here, Mr. Manager, have you included the cost for space for the additional members. Mr. Plummer: That wasn't called for in the motion. Mr. Pereira: Commissioner, we responded ... ' Mr. Dawkins: Okay, no problem. Now, let me go back then, to the general public, not to the Manager. There is no way that this is reflective of the total cost of what this will cost us as taxpayers. There must be space for the new additional members. If that space is made in this building, whomever we displace has to be placed someplace, so you are talking in terms of another $250,000. Mr. Plummer: For what? s x Mr. Dawkins: Just for the space for the Commissioners, and I don't care, wherever you go, you have got to rent ... Mr. Plummer: I think the real cost is just in excess for the both, in excess of $2,000,000. Mr. Dawkins: Okay, so that is a more realistic figure, but that is just my opinion and since we did not ask for that in the carefully worded motion, which we passed unanimously, I think that should be spelled out and it also should be spelled out that the Mayor now has a $250,000 budget and the Manager would still have his full staff, so now ... Mayor Ferre: That is not part of the resolution. Mr. Dawkins: I said I am not speaking to the resolution. Mayor Ferre: Oh, I am sorry. Mr. Dawkins: As I said, I am not speaking to the resolution. I am speaking to actuality. Mayor Ferre: Got you. Mr. Dawkins: So again, the public should get this an analyze it and come up with your own conclusions. Mr. Plummer: Mr. Manager, through you to Mr. Merrill. ;.:: Mr. Pereira: Yes, sir. Mr. Plummer: Mr. Merrill, you did a very fine job of very carefully delineating just what the resolution called for. You did a very fine job, sir, and I congratulate you. It is one of the few times you have done that. (LAUGHTER) Mayor Ferre: If I were you Clark I'd sit down for the rest of this one! .,.'; Mr. Plummer: Mr. Merrill, let me ask you sir, because you are very good with numbers. What is the total cost, including everything? Mr. Clark Merrill: The cost of what? Mr. Plummer: The total cost of changing from one form of government to this one that is proposed? The total, I mean gl 115 May 9, 1985 everything - the cost of the elections, the cost of staff the total cost, sir - the bottom line. Mr. Merrill: There are so many policy decisions that have to be made between now and then, you would have to make a decisions on what staff you are going to have. Mr. Plummer: Based on the present policies that exist, Mr. Merrill, what is the total cost? Mr. Merrill: But they do not exist for the new form of s government. Those polices are not in place. i Mr. Plummer: For example? Mr. Merrill: For example, the salaries of the Commission. That is going to be decided by the Commission by ordinance. Mr. Plummer: Excluding that. 3 Mr. Merrill: Okay, excluding that, the size of the staff the size of the staff of the Executive Mayor. Mr. Plummer: No, the staff has been included because of the formula for the cost of staff of each Commissioner. You got that included in this present memo that you gave us. Mr. Merrill: Well, what we did was respond to you that ... Mr. Plummer: Mr. Merrill, does 2.4 ring a bill with you, sir? Mr. Merrill: That is a possibility. Mayor Ferre: My bell hasn't rung, so ring my bell! What does 2.4 mean? Mr. Plummer: What, Mr. Merrill, is the total cost of changing from one form of government to another? If all of the variables are included, assuming that Sergio stays and doesn't ask for termination of his contract, the staff, all of the involvement - what is the potential cost to the taxpayers? Excluding salaries, sir - we understand that no salaries have been set. -' Mr. Merrill: But you can't make it - you can only make an r educated guess. Mr. Plummer: Give me your educated guess, sir. Mr. Merrill: My educated guess? I don't have an educated guess. The reason is because you have to determine what you -A want to do with these chambers. You are going to have to increase the size of the chambers. How are you going to do that? Are you going to move staff that are already in here to another location? Which staff are you going to move? There are a number of questions that have not yet been determined and it is difficult to sit down and make a r., specific answer. You could say ... A' Mr. Plummer: Mr. Merrill. Mr. Merrill: Yes, sir. Mr. Plummer: Do you feel that it is only reasonable that the taxpayers of this community have the right to know what the cost factor is going to be? Mr. Merrill: Certainly! gl 116 May 9, 1985 Mr. Plummer: I cannot tell them that you don't have an educated guess. That is not a correct answer. Mr. Pereira: I think what Clark is trying to say = and I have been trying to stay out of it. As you know, I have stayed out of this issue. Mr. Plummer: That is why I didn't ask of you. Mr. Pereira: I know, but let me just say, and Clark, maybe you can start doing some computations in your mind. There are some variables obviously that have to be considered here and probably we can get a clear definition of what those variables are and I don't know, maybe Clark, might come up with a guess-timate. I would have to assume that these variables are as he said. You know, there would have to be some renovations. There might be some moving of the staff, there has to be a definition of the cost of salaries for the Commission. We have to consider the variables of the Manager's budget as well as the protocol functions that the Executive Mayor has, but those are things, really, that in all fairness, until they are addressed and decided, it is very hard to put a dollar figure to it, but if you want to take a guess, Clark, that is ... I am just trying to put on the table some of the variables that have got to be taken into consideration. j Mr. Plummer: Mr. Merrill. Mr. Merrill: Yes, sir. Mr. Plummer: What do I say to the public when they ask the cost of the new form of government? Mayor Ferre: You say you are against itt Mr. Plummer: I will say that, but I've got to tell them how much I am against it. You know, it is just incredible ... Mayor Ferre: Excuse me, J. L. I asked before, and you were ' here and you didn't get up to speak. I am going to give you that opportunity. Unidentified Speaker: Well, you are asking the gentlemen a question I would like to ask also. Mayor Ferre: I am going to recognize you in a moment after we conclude the Commissioners and then Mr. Fannotto has asked and then I will recognize you. J. L., I've got two public speakers. s Mr. Plummer: Mr. Mayor, I am still asking for an answer. " - Mayor Ferre: Well, while they are making their .. calculations, let's get the ... Mr. Fannotto. Mr. Plummer: That will be fine, sir. I will be glad to wait. Mayor Ferre: Mr. Ernie Fannotto, the President of the Dade ,j Taxpayer's League. Ernie, you are on. Mr. Ernie Fannotto: Honorable Mayor and members of the ~` Commission, Ernie Fannotto is my name. I am President of ' the Taxpayer's League of Dade County and the Homestead r.?.. Taxpayer's League. I see in this here change government it u., Y a big increase in taxes for the taxpayers of this City. I am strictly against seven Commissioners. I want five Commissioners. I don't want seven. Mayor,if you don't mind, I ... Commissioner Plummer, I don't want seven gl 117 May 9, 1985 f�. Commissioners, I want five Commissioners. That cuts the space. It cuts the Commissioners and it cuts the time of the meetings. Mayor Ferre: How about three? Mr. Fannotto: No, no, five is okay with me. Mayor Ferre: We could save some money if we cut it to three. Mr. Fannotto: I don't want district Commissioners and I want to tell you why. I think I have made my point clear here very much in the past. It disfranchises all the people from voting for all the Commissioners who are going to be elected. In plain words, seven Commissioners are spending all the taxpayers money, and yet ... (listen, I mean, if you want to hear me all right) ... if not ... Mr. Carollo: Ernie, what you are saying is you are in favor of majority rule, then. Mr. Fannotto: I am in favor of five Commissioners. I don't want seven, and I don't want any districts, because I will tell you why. Districts disfranchise the taxpayers in this county - in this city. Mr. Carollo: This is city, Ernie. Mr. Fannotto: City. And I don't think it is fair for all the Commissioners to vote all of the monies of the taxpayers and the taxpayers can't vote against all the Commissioners that are going to be re-elected. They are just going to vote for two or three - in other words, the majority will be from districts that the public can't even vote for. Now, if you call that democracy, I say it is democracy walking backwards. Mr. Carollo: Well, do you think that democracy stands for equal representation, Ernie? Mr. Fannotto: What is equal representation? There is no representation for the taxpayers. Mr. Carollo: Equal representation means that if you have 25% of the population that represents a certain ethnic group, a certain race, that they have the right to also be represented in a Commission. Mr. Fannotto: They have a right too, but don't the taxpayers have a right to vote for everybody when all their monies are being paid to run the City? Which is more important? Mr. Carollo: In other words, if you had a Commission here, let's say that in the next five years might be all Hispanic - you would have no problems with that? Mr. Fannotto: It isn't a question of Black or White or Hispanic - it is just a question that the taxpayers that pay all the monies of the taxpayers to run this City will be disfranchised and the people that will voting on their monies. They can't even vote against them if they vote wrong! Hear what I am saying? Mr. Carollo: Well, I am hearing what you are saying. Mr. Fannotto: And that is true, they cannot vote for except three Commissioners. gl 118 May 9, 1985 0 U Mr. Carollo: I just don't want you to come back, you know, a couple of elections from now and be asking for districts, because I am going to play back to you what you are saying now! Mr. Fannotto: I never did believe in districts. I said that before, I am telling you again, time after time. I think that the taxpayers who pay all the money in this City should have a right to vote for or against all the Commissioners that represent them, and you are not doing that. That is the reason I am against it. Now, if you call that democracy is just trying to elect people in certain districts, and they may do wrong, and the taxpayers are s going to be stuck holding the bag, they can break this City and they can't do anything about it! Mr. Carollo: Ernie, you know, I just wanted to put this on the record. I guess you don't believe in U. S. Congress } either. They run from districts. a 1 Mr. Fannotto: Well, that is not State and that is not City legislation. They did that years ago, and if I had my way, I would have had everybody to vote for them. Mr. Fannotto: So it is all right for the State and for the Federal Government, but not for the City. Mayor Ferre: Not only that, but Senator Plummer, and I think he has been unfortunately taken to task, and it was an unfair criticism that they made of Senator Larry Plummer, has put in, I think a very wise amendment and I hope it is fruitful and that is to force Metropolitan Dade County to do the very same thing we are trying to do locally, and that is to go to districts. Mr. Fannotto: Mayor, it is going to get beat up, please read it, if it comes up. You don't have to worry about that. They are not going to vote for it, but the point about it is, if you are looking from the standpoint. . . and as Commissioners when you change the form of government, you are supposed to be thinking of the economy in government that is going to help the City and giving them good government, and I am not against a strong mayor. All I am >, against is, all this money is going to cost - maybe $1,500,000 or $2,000,000 more every year, and then the taxpayers can't vote against these Commissioners. Now you know, you can do anything you want, but the people are not going to vote for it anyway but that is not the idea. I don't want to see an election come up and not be successful when you have a chance to be successful in doing some things and benefit the public, but ... Mayor Ferre: So in other words, your opinion is, you are for a strong mayor, but against districts. Mr. Fannotto: I am against districts and again I am going r' to tell you before I leave the mike it is not the democratic °-# way of giving the homeowners and taxpayers a break. Again I t am going to say they cannot vote for the majority of the Commissioners who can control this Commission. They can control this Commission for years and years - four Commissioners, and what is going to happen, the ers taxpayers p y can o broke unless the g y get a petition in this , that, then they will spend another $5,000,000 to $6,000,000 coming up 4s,"ram before the Commission and I am against it and I am not f saying I am against the strong Mayor. r; Mayor Ferre: Ernie, usual, you make some very cogent points. I've got to tell you that sometimes I don't always agree with you, but I always accept that you make valid points. gl 119 May 99 1985 1r Mr. Fannotto: Well, yes, thank you, Mayor, I appreciate it, but let's put it in execution. Mayor Ferre: All right. Yes, sir? Name and address. Mr. Rafael Herman: For the record my name is Rafael Herman. I would like to ask some questions, Mr. Mayor. Mayor Ferre: We need your address, Mr. Herman. Mr. Herman: Well, I am a resident of the City of Miami Beach, but ... Mayor Ferre: We need your address no matter where your residence is. Mr. Herman: My address is 4190 Nautilus Drive, Miami Beach, Florida, 33140. Do you need my phone number too, sir? Mayor Ferre: No, sir. The record doesn't need that. Mr. Herman: Number one, I am in favor for a strong mayor government, because I would like to see it in the City of Miami Beach too. Number two, I am in favor also for ... are you listening, Mr. Mayor? Mayor Ferre: In a moment. Mr. Herman: Are you ready? Mayor Ferre: I am now. Mr. Herman: I am in favor for a strong mayor government because I would like to see it in the City of Miami Beach too. I am also in favor for seven Commissioners and not five, and I am going to express myself why. You have a better majority to decide and there is no way a conflict of interest whatsoever to make a decision, but I have a question for you, Mr. Mayor. Mayor Ferre: Go ahead. Mr. Herman: If you are going to have a strong mayor government, what are you going to do with the office of the City Manager and all of his staff? This is my question to you, Number one. Mayor Ferre: Well, either ... Mr. Herman: I mean, you have to have either this or this. Mayor Ferre: Well, whoever is the Mayor, whether it is Mr. Dunn, or myself, or whoever would be elected Mayor, would of course have the responsibility of submitting to the legislative body the recommended staffing and in the way this is drafted, the Mayor, just like the Governor, or just like the President of the United States, would appoint the chief administrative heads of the various departments. In this case, it would be the chief of administration, the head of finance, the head of the development department as a separate entity and the head of the legal department, so there would be in effect, four appointments that the Mayor would make, with the consent of the legislative body. Now, that is the way the State of Florida functions, or the State of New York. That is the way the United States government functions. The President appoints the administrative heads of the government. Mr. Herman: I am interested in hearing salaries. 61 leu May 9, 1985 41 Mayor Ferre: In my case, it would be my intention to reappoint the Manager to be the head of the administration. Mr. Herman: So in other words, instead of being called Mr. City Manager is going to be ... Mayor Ferre: City Administrator. Mr. Herman: You are changing his title only - the name of F the title. Mayor Ferre: The intention of this is that the administrator ... Lucia, what is the name of the title on the .. Mrs. Dougherty: Director of Administration, Director of Finance and Budget and Director of Development. Mayor Ferre: The Director of Administration, would, in effect, be running the City on a day to day basis. Mr. Herman: Okay, I understand about the City Manager, what is going to be his next title. What is going to be with the Assistant City Managers and all the secretaries and everything in that department? i Mayor Ferre: That would be up to the administration to decide, in the same way that it is done in Boston, in New ' York, Philadelphia, Cleveland, Chicago, in Detroit, in San Francisco, in Houston, in Atlanta, in Tampa, Florida and in Hialeah. Mr. Herman: Mr. Mayor, what I am interested to know, and when you change a form of government from the City Manager form of government to a strong mayor form of government, you have to choose either one of them. Now, if you choose to have a strong mayor form of government, that means that you have to eliminate one department. Bottom line is, you cannot pay double salaries. Mayor Ferre: Mr. Herman, I don't mean to get into an argument with you and explain - since you are not ... to do that ... Mr. Herman: No, no, I want to understand you much better, Mr. Mayor. Mayor Ferre: But I just want to explain so that you clearly understand. There are volumes of books that are written and you are welcome to go to F.I.U. or to the University of Miami that carefully ... Mr. Herman: Mr. Mayor, I know what is the strong mayor government. I studied all the way to Hawaii what is the strong mayor government. Mayor Ferre: Let me finish. me finish my statement. Mr. Herman: Sure. I didn't interrupt you and let Mayor Ferre: If you would let me finish my statement. After that, please make your statement and finish. Mr. Herman: I am listening to you. Mayor Ferre: You can go and get - there are hundreds of volumns written, describing the way an executive government functions and we are not re -inventing here the wheel. What ld 121 May 9, 1985 1 we are doing is, we are copying. As a matter of fact, most of the things that put into this Charter Amendment come directly from the Charter of the City of Philadelphia, Phoenix and Atlanta, to there is not much difference between what we are doing here and what they do in those cities. Mr. Herman: You see, Mr. Mayor, the reason I am asking you is because you seem to be a little different here than in the City of Hialeah. They have a strong mayor government too and the way you propose it on your package, on your agenda, it seems to be a little different from the City of Hialeah, which is also a strong mayor government. That is why I am asking you, you cannot have both. You can have either one of them. Mayor Ferre: Yes, you are correct and we think we have improved what Hialeah has. This is more similar to what Philadelphia has. Mr. Herman: I am repeating myself. I am for a strong mayor form of government and I would like to see it here in your City, but I want to make sure that the public here are going to vote for it, but you cannot confuse them. You have to be more specific and tell them exactly how are you going to manage it, and that is why I am asking you my question, and you don't answer me. I am still waiting for your answer about salaries. t Mayor Ferre: Mr. Herman, I have already answered as much as I can answer now. Thank you. Mr. Herman: One more question, sir. Can you tell me more or less, what is going to be the salary of the strong mayor government in your city? Mayor Ferre: The salary of the Mayor will be determined by the legislative body, in the same way it is determined in New York, Boston, or Hialeah. Mr. Herman: Do you have an idea what will be your salary? 1 Mayor Ferre: That will be up to whoever sits on the legislative board. If they want to establish a salary of $50,000, that would be up to the legislative body, in the same way that the salary of the President is established by Congress and in the same way the salary of the Governor is established by the Legislature; in the same way the salary of the Mayor of New York is established by that legislative body — no different. San Francisco, Atlanta, they are all the same. It is the traditional American form of City government when you divide the administration and the ^° legislative powers. The legislature determines the salaries. Mr. Herman: So in other words, on July 9, 1985, you are going to put it on a Special Election on the ballot and the public in Miami will decide if they want it, or they don't want it. Am I correct? Mayor Ferre: That is correct. Mr. Herman: Thank you, sir. Mr. Marvin Dunn: Mr. Mayor, may I speak to the issue? Mayor Ferre: Yes, sir. Mr. Dunn: My name is Marvin Dunn. I live at 3530 Crystal °- View Court, Miami. I must say, Mr. Mayor, as someone who has been here since 9:00 o'clock this morning, I am having 0 ld 122 May 91 1985 second thoughts about challenging you for your job. I would urge the Commission to defeat this proposal. I am very, very seriously concerned about this matter. It seems to me that to elect someone to run a city makes about as much sense as electing someone to run a bank, or school, or hospital and it may well be that you, Mr. Mayor, or I or some other Mayor might select someone like the current City Manager to run the City, but what happens in the future of this City when some person is elected to the Mayor's job, only support some political hack of his as the chief administrator. How do we protect the people of the City from the corruption, favoritism, incompetency that we have seen in so many other cities that have had the kind of city government that is being proposed here. It seems to me that running the city is a very, very technical and highly complicated matter. It ought to be left in the hands of people that have been trained to do it and not elected officials. Secondly, I am very, very concerned, Mr. Mayor and members of the Commission, with an idea of having a strong Mayor whose term of office is not limited. It seems to me to be unconscionable to install someone as Mayor of this City in a strong Mayor role with no limitation on the number of years such a person could serve in office. Mayor Ferre: Excuse me, Dr. Dunn. The limitation is eight years in this provision. Dr. Dunn: Oh, then I am corrected . I thank you very much for that correction. Finally, let me just suggest to the members of the Commission that it seems to me that there is a need for a full time Mayor. The leadership of our City on a full time basis does make sense, but it seems also to me that we could have a full time Mayor without necessarily also having a strong Mayor. Thank you very much for the chance to speak to the matter. Mayor Ferre: Dr. Dunn, let me ... I don't mean to get into a debate format, we will have plenty of opportunities in the future to do that, but I would like to just briefly answer. In the last 40 or 50 years, there has not been one single strong mayor or Executive Mayor form of government that has reverted to a manager form, other than right here. On the } other hand, the opposite is true. There are many manager forms of governments that have reverted back to an executive mayor. Now, if you ask the question as to why that has happened in those American cities where it has occurred, the answers are inevitable that usually there is a feeling that the electorate does not have the opportunity to directly impact on the Administration. The reason why the founding fathers divided, as you know better than I do, the powers of government - why didn't they use the British parliamentary system and if you look at the Federalist papers and all the arguments that went on in those discussions when our form of government was established. It was clearly stated that there was a desire to divide the powers of government so that there would be a clear out administrative head - elected by the people, and a clear cut legislative body that q' would set the laws and the policies of that governmental entity. Now, that form of government has served us well for 200 some odd years nationally. I submit to you, and let's depersonalize this, because sometimes we get into trouble when we ... and we in Miami have a tendency to make r decisions based on "who" rather than "what". So, let us depersonalize it and not talk about me and the City and you. Let's talk about Metro, okay? Let's start with that discussion - a very simple discussion. Metropolitan Dade County is larger than almost a dozen states of the union. Can you imagine that the people of Rhode Island or South Dakota, if you will, or Maine, would elect a nine -member uni-cameral legislature in the State of Rhode Island, and I 123 May 9, 1985 that those nine members elected at large in Rhode Island, would then turn around and select the Governor for the State, and the Governor would be appointed? That would be unacceptable to the people of Rhode Island. Now, 1 submit to you if it is unacceptable to the people of Rhode Island, then why would a government that has autonomy and home rule like Metropolitan Dade County, accept the appointment of the Governor, in this case, the Manager, to administer and manage an entity as large as Metropolitan Dade County, without having the appointment of that individual accountable to the people who are the electors of that governmental body. Now, I think that it has worked well for all or most of the large American cities and I think it is a form of government that has been proven to be functional. Now, there are two other items that are very germane. I want to tell you as the Mayor of this City for the past 11 years and some odd months, and before that 3 and one-half years as a Commissioner, that it is virtually almost impossible to fire a Manager. It is really impossible. If you look at the history of the Manager form of government, you will see that there have been very, very few Managers ever fired because somehow you never get around to it. You know, you feel sorry, or the reasons, or you can't ... it has nothing to do, in the case of our former Manager, of the ethnic issue. It has to do with the ability to fire managers! It is a very difficult thing. In this City. Mel Reese held on and there were a lot of feelings to fire Mel Reese but it doesn't happen. Now, when a government goes bad, whether it be Kansas City or any other place, the people of that city throw that head of government out! It happened in Chicago. In Chicago, the last two Mayors have been thrown out of office, okay? ... because the people of Chicago did not like the way Jane Byrne was operating and the other one before, and so I think that if you believe in the democratic process of America, than I think you have got to believe that the best judge of who is the proper Irian or woman to be the head of that administration is the people themselves. Now, there is one last point about this whole legislative and elected head of government. You know, the fact is that you either believe in the democratic process or you don't believe in the democratic process. If you believe in the democratic process, then it is applicable to all people in all places and in all circumstances, of all creeds and colors and races and religions. There is no difference between the process in a place like Miami than the process in Chicago, or New York or Trenton, New Jersey, or Atlanta, Georgia. And it's worked for Atlanta, Georgia. Sometimes it has been difficult. Professors, your cohorts out there at F.I.U. in the Government Department, and we had a very interesting debate, and it got to the point where the bottom line, he said, "Look, the difference between a Manager form and a Executive Mayor from an efficiency point of view is absolutely the same. There are cities that are well managed, that are manager form and well managed that are Executive Mayor." That is not what ... because corruption can occur just as easily with the Manager as it can with the Mayor. There is no guarantee that a Manager is going to be more honest than an appointed Manager, and the laws of the land provide for ways of dealing with that and the best way to deal with it is to throw the guy out in an electoral process, but the issue, says your cohort at F.I.U., is in crisis management and when you have elected head of government, the way you deal with issues is very different than when you have an appointed head of government. Now, what I am interested in doing, and I am only speaking for myself, is giving the Chief Administrator of the City more power, not less power. And the way you give a Chief Administrator more power is by giving that person the right to veto. That is the way you give more power to the Chief Administrator. That is how the President ld 124 May 9, 1985 does it and that is how the Governor does it. That is now the Mayor of New York or Boston or Philadelphia or Atlanta do it. Now, the only way you can give the Manager veto power over a legislative body is by electing that person, because otherwise, then you really get into a form of government that is not acceptable in America, so all I am proposing ... and I am not reinventing the wheel. This Charter that we are about to vote on, I submit to you, there is absolutely nothing new in this Charter change - not one thing. These Charter changes exist in hundreds of American cities. I submit to you and to the electorate, if this thing passes, that the Manager form of government in America is obsolete, that it is going out, that it will not be around by the year 2000 - that if it happens in Miami, I guarantee you within five years it will happen in Metropolitan Dade County and if it happens in Metropolitan Dade County, it will happen in Miami Beach, and after that, what you have got left is Phoenix, Arizona, Cincinnati and the rest of the Manager form of government through all of California, and they are going to go too. Dr. Dunn: Mr. Mayor, I heard your eloquence as a lecturer and I am impressed this afternoon, but I will resist the temptation to debate you. I am sure we will have an opportunity to do that in the future - many opportunities. Let me just make one closing comment. I am not sure, Mr. Mayor, that in the City of Miami, the City Manager form of government has been given, particularly in recent years, an opportunity to function properly and I say that because I think that there are numerous occasions in which the members of the Commission, with all due respect, have put their hands into various day to day operation decisions in the City of Miami. It seems to me that if in fact the Manager was indeed allowed to operate autonomously, perhaps we might be in a better position to say that that form of government has not worked. I am not sure that that has been done and I will close my comments with that. Mr. Carollo: Marvin, look, let me say this to you. The best example that I have seen as of late of why we need an Administrative Mayor form of government, an Executive Mayor, Strong Mayor, if you want to call it that - was just the opposite of what you are saying that was happening in a previous administration. I wasn't here in the days of Reese. I don't know just how strong of a hand he had. I was here in the days of Howard Gary. Let me tell you this - if anybody had an open hand in running the City of Miami, it was Howard Gary and that is just the point. There were no checks and balances with the Administrator, just like to a great extent, there are few checks and balances in the whole system of the City Manager. All that the City Manager has to do after he comes in, particularly in this community, is cater to the morning and afternoon Miami Herald, basically, and as long as they are happy with him, he has immunity to practically do as he pleases, because it is almost impossible to receive or acquire three votes at any given time to get rid of a Manager, and then all the Manager has - to do is play politics like we have had some that have r' played it best, than the politicians and you won't get three ` votes. So, the argument that is going to make the City more ;. political by havingan Executive Mayor, that is not so. You could have good and bad in an administrator with the City ' Manager or a strong Mayor, but at least in the area where you have an Executive Mayor, at least he is directly YA responsible to the people and if they feel he is not doing an adequate job, they can get rid of him. It is not the ='z case with the City Manager. They can't vote him out. Of course, I understand that for the morning and afternoon Herald, they would very much prefer to have the present form of government that we have where they can best manipulate ld 125 May 9, 1985 s.: what goes on inside the City of Miami government. With an Executive Mayor it might possibly be much hard for them to do that. Dr. Dunn: Thank you, Mr. Carollo and Mr. Mayor. Thank you for listening to me. I appreciate the opportunity. Mayor Ferre: All right, yes, sir. Mr. Ray Fontroy: Mr. Mayor and Commissioners, my name is Ray Fontroy, 2741 N. W. 49th Street. I am here representing Black citizens who are concerned about the proposed plan for redistricting and our concern is basically the representation of the Black citizenry of Miami. As we have seen it, the proposed plan by the City is designed to totally contain and dilute Miami's Black voting strength by gerrymandering and including a disproportionate number of voters into one district and thereby, we have offered to you an alternate plan that would be more representative of the Black voters in the City of Miami. Each of you should have this proposal and on the proposal there are some facts that you may agree with or not, but nonetheless they are facts and what we are asking is that you recommend that you abandon the proposed redistricting plan and consider this alternative plan which more appropriately adheres to the court precedent - and offers Miami's Black voting community a fairly reasonable opportunity to elect candidates of their choice - those who live in the districts that represent those people in that area. As our proposal points out, it is a six district proposal with approximately 20,000 voters in each district and we feel this would be a more representative proposal - more representative of the total community and would give each community a fair representation and input into decision making processes in the City of Miami. I would hope that you would consider this proposal when the time comes to vote for it. Mayor Ferre: All right, Mr. Fontroy, if I may respond. Let me say that I personally have read the plan and looked at it and it is an exceptionally fine plan and I commend you and those who were the drafters of it. It was done carefully and intelligently and I would subscribe to it. Now, let me explain to you why it is not before us. The fact is that to go to six districts, if we go to six districts, the question comes as to how many people would then represent the City at large, if any. Obviously we can't have six, because that is an even number so you need to go to seven. It is my very strong belief personally that a legislative body of this sort representing a City must be balanced between the interest of neighborhoods and the people in the City at large, so we must have at large elections, representations, if not of the majority, at least of a sufficiently strong t' percentage of the total, so as to give a certain balance to the approach of government by that legislative body. It was my interest at first and my first original proposal was that we go to five districts and four at large - that would be a Commission of nine. The argument against that was mainly that it was too large, and nine was too much - we didn't need nine Commissioners in the City of Miami; that like Hialeah and Miami Beach, seven is a better number. Five is a very difficult number for a Commission. Seven is a more 4 balanced number. In the interest of trying to have some type of balance in this. Now, four district elections is the minimum that the City of Miami can have if you look at the demographic makeup of this community where you would have one district that would be clearly and identifiably and unquestionably Black. There would be two districts that would be undeniably Hispanic. The fourth district, in its majority would be undeniably White American, White non - Hispanic, Anglo, whatever you wish to call White Americans ld 126 May 9, 1985 V that are non -Hispanic. Now, the reason why we did it that way was to very clearly give each segment of this community representation on the future Commission so that there would never be a time when there would not be at least one Black on this Commission, one Hispanic and one Anglo. Now, I get arguments on both sides. There are those in the Black community who feel that they would rather take their chances in elections at large. That has worked so far, and I hope to God it continues to work. It would be a regrettable circumstance in this City if we ever arrived at a day when there would be five Hispanics, or five Blacks or five anything in a City that has major segments of the community that are not Hispanic or that are not Black. Now, the argument goes, well how about Miami Beach where everybody on the Commission is Jewish? Yes, one is not, but his mother is Jewish and Commissioner Dowd claims that he is Jewish and I am not going to question whether he is or he isn't, but the point is, that the fact is, that traditionally there has been an all Jewish Commission in Miami Beach. Now, that is the will of the people there in Miami Beach. The argument goes, "Well, if it is acceptable in Miami Beach and why wouldn't it be acceptable in Miami" and the answer is that obviously it is acceptable if it becomes an all Hispanic Commission, but the point is, that in Miami Beach you do not have the confrontational politics that exist in Miami and I think it would be - the Cuban community and the Hispanic community would be poorly served if all of a sudden in a city where there is a major Black community and a major non - Hispanic White community when there would be no representation from those communities on this Commission. Therefore, districting is an idea which has worked. I want to tell you that is the way the Congress of the United States works. I want to tell you that is the way most legislatures - now, after the Supreme Court ruling work. We have districting in Dade County. When we went to districting, everybody was concerned - "Oh, we are going to get the parochialism". Well, I don't think that has been the case. It has worked so far in two sessions of the Legislature. Now, if it works for the country, nationally and it works for the state and it works for most American cities where there are districts, I would submit to you that it is long overdue in both Metropolitan Dade County and the City of Miami and we must have representation where all people in this community will feel they have a part in this government. Now, I know that you .are not against districting. Your argument is that we should go to six rather than four districts, and the problem with that is, that the majority of this Commission does not want to go to that large a Commission. That is the reason it is four rather than six. One last thing I want to say to you - the plan as proposed is very carefully drafted. It is totally balanced. It is within the guidelines of the Supreme Court of one man one vote, one person one vote and I am sure it will be challenged legally, but I assure you that there has been careful legal research and that it is our opinion that { it will stand the test of the court. Mr. Fontroy: Well, let me respond by saying that one, the at large voting scheme does not work to the best interests of the minority Black community. Mayor Ferre: Of course. Mr. Fontroy: And given the proposed plan would give the Black community one vote on a seven member board. Mayor Ferre: Or three at large because Commissioner Dawkins and Gibson before him were elected at large, and Athalie Range before them, so the Black community has elected people at large here. There is no reason why that couldn't ld 127 May 9, 1985 continue. What it does do is guarantee that if that were to fail, at least there would be one vote. Mr. Fortroy: Well, in all due respect, if you look at the community j- you take a ride through Miami and you look at the community - the Black community is the only community that does not have visible support. It in the only community that does not have the same kind of development in the business community as other communities and that is indicative of misrepresentation, or no representation at the government level. We feel that a fairer representation on the Commission through six districts and the Mayor at large, would give us a better representation and a better opportunity to put our community in the mainstream of development in the City of Miami. I would also like to point out that as the proposed plan is drawn, that it has violated the law of district compactness where you have one district, I believe it is two, if I am not mistaken, maybe it is three - I don't have the City proposed plan in front of me. All of this has been elongated along the beaches of Miami, and thereby to include one community and exclude other communities and again, it has forced the Black community to one district. We feel that that is unfair and that we would be in opposition to that and you are right - i we will be challenging that - hopefully then, we won't have to get to that point - because we show that this is a very fair plan, that it would represent the total community, that every community would be represented properly and have significant amount of votes on the Commission to accomplish in each of our communities what some of our communities have the most of. Thank you. Mayor Ferre: Are there any other public speakers on the Executive Mayor districting form? Yes, sir. Mr. Roger Soman: My name is Roger Soman. I live at 3815 Main Highway in the City of Miami. I would like to urge the Mayor and the Commissioners to give serious consideration to j changing the date of the election from the special election day to the normal election day inasmuch as the electorate turns out in very small numbers. Thank you. Mayor Ferre: Let me, since that is a serious matter of contention and I think needs to be addressed. Mr. Soman, ' let me answer you by saying this. It is the intention of those of us who have voted for this to implement this governmental change should it pass for the election this coming November. The problem with putting it on the November ballot is that it could not then be implemented until next election which would be in 1987 and I think there is a need to move along on this matter and get it ... if the people vote for it, I am sure they are going to want to have it implemented immediately and not wait two years. Mr. Soman: Mr. Mayor, we are going to have 16% or 17% of the electorate voting on the issue if it is a special election in the middle of the summer. Mayor Ferre: Well, I want to tell you that the way politics works in Miami, I absolutely assure you that there will not be 16% and I guarantee you it will be a lot closer to 50%. I might point out to you that the Mayor and the Commission of Metropolitan Dade County were elected with less than 30% turnouts and that has never happened in the City of Miami in the last ... at least in this decade. I might point out to you that we have had elections where we have hit close to 70% in totally local elections. This community is a pro- '' active community at the ballot box. 5- Mr. Soman: Very well sir. Thank you. ld 128 May 9, 1985 Mayor Ferre: Are there any other public speakers on this issue? Yes, sir. Mr. Mario Gomez: My name is Mario Gomez. My address is 2975 N. W. 15th Street. 1 came to speak just as a plain citizen to explain it is not going to be on any ballot at least for the recent. years. I have been studying the proposition for an amendment to the draft in reference to the increase in Commissioners and especially to have a Commissioner by each district, for example for four district, and I really like it very much and I will tell you why. Analyzing this from the viewpoint of the voters, I have had the experience that sometimes you go to make the voting and you read the list and you don't know anybody there. Maybe it is the fault of the citizen, I should humbly recognize that ... we should know better our politicians, but that is a human condition and I will say that 80% or 90% of the people who are professional or have their time working do not know enough about the politicians and that, I think is against the idea of the election in a democratic country, which you are supposed to elect freely the best man for the positions. If you vote without knowing the people, you are changing completely the idea of of a free election. Increasing the number of Commissioners to seven and having four districts and three Commissioners including the Mayor elected at large, I think that would fit very well in this City Hall. I am glad you said something like that - very brilliant and with more knowledge than I have and I really feel very happy about all of this. Mayor Ferre: Are there any other speakers? If not, is there a motion that the public hearing be stopped and then we can get the Commission's deliberation. Mr. Plummer: Mr. Mayor, is it possible that we can take both issues for discussion purposes and then we could go to the both issues as far as a motion? Mayor Ferre: Yes. Mr. Plummer: We could speak to the expansion of the Commission? Mayor Ferre: No, I think what we need to do is to close off public debate at this point. Is there such a motion? Mr. Plummer: Seeing as how there is no one else indicated that they wish to speak to either issue, I so move. Mayor Ferre: Is there a second? Mr. Perez: Second. Mayor Ferre: Further discussion? All right, call the motion on the closing of the public hearing. MOTION TO CLOSE PUBLIC HEARING was moved and seconded and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None ABSENT: None Mayor Ferre: Now on Commission discussion, Mr. Plummer, I recognize you. ld 129 May 9, 1985 Mr. Plummer: Mr. Mayor, I have to put forth the opposition that I put forth the other day, and that is into the fact of the entire slate being wiped clean in 1985. I would have to take under cohsideration, there has always been a history of this Commission, in which there were members of this Commission and I think rightfully so, that were a holdover for a staggered situation. I still believe that that would be good for this Commission and that you do propose in the new proposal that there would be staggered terms and I just would want to put that on the record, Mr. Mayor that I do feel ... I likewise feel that if the strong mayor proposal does pass today, that before it goes to an election I think it has got to be clearly delineated as much as possible. As to the full scope and authority, even to an expression by the individual Commissioners present, as to the cost factor of what it would cost. I think these are all important factors that must be brought out so that the electorate of this community could make an intelligent decision. Mayor Ferre: I would like to, in the discussion portion here, say that the editorial in the Miami Herald this morning was an exceptionally well thought out and well written editorial and whoever wrote it, did I think, a very fine job and it was a very moderate, I think - I was expecting a much stronger statement from the Herald, but I ' thought it was a very moderate and well thought out decision. The thrust of it was two -fold and I think it is important that we publicly - at least I would like to publicly answer these points. The first, and most important of the two, concerns, as expressed in the Herald editorial, dealt with the issue of combining both the strong Mayor and the district, the theory being that if they are both together in one ballot, then it would be more palatable. The Herald didn't say that it would be palatable. It just expressed that it might be more palatable if it were one vote. I subscribe to that theory. I think that there is logic to it and I would like to point out for the record that that was my intention from the very, very beginning and - j as a matter of fact, when this whole process began years ago, that is the way I made the first motion and that is the way it has been kept. Lucia Dougherty, our City Attorney, and a good City Attorney, recommended to me in the beginning discussions that it would be wiser and more legally appropriate to separate the questions. Now, I talked to First Amendment and Constitutional lawyers such as Dan Paul and others who recommended that it be put together as one question. The problem with that is that we also consulted ,.9 with former Supreme Court Chief Arthur England and it was Arthur England's position that it would be legally sounder to separate the questions. Now, the argument goes that in effect, the first proposal, that is the Executive Mayor, has within the discussion that also deals with the districts, so then why would there be a separation constitutionally or legally that is challenged? and the answer is that it is not a constitutional issue, but rather, it is a legal issue and the question is that it would stand better chance of surviving the attack that it obviously is going to have in the courts if it were a separate issue. Now, the other concern of the Herald editorial was that the Mayor should not appoint the Director of Development because that would lend itself to patronage. Well, in the case of Newark, the 3. accusation is that even though the Mayor of Newark only appoints the City Manager, as is the case of Washington, D.C. Obviously, by that appointment he controls the " Manager, so therefore patronage exists with or without that. ..'. In other words, there is not much of a difference. If the Mayor appoints the Manager, and says I want Joe Blow to be the Director of Development, then he is appointed directly - P � P >Y < I think the question of patronage, one way or the other `- exists, and that is one of the things that you have to deal y= 1d 130 May 9, 1985 MR with and it exists in Atlanta and New York and Boston and San Francisco. I might point out that I was recently in Houston and listen to this i the Mayor of Houston, Texas has full powers to appoint everybody and anybody without any consultation of the legislative body; hires and fires not only department heads, all department heads, but also hires and fires all committee members of all committees in Houston. It is without any question, the most powerful mayor from a legal structure point of view in the United States. The second most powerful mayor in the United States is the Mayor of San Francisco. The Mayor of San Francisco, in addition to having the traditional veto powers and the powers that an executive has, has total powers of, in this case, her discretion, to appoint all committees and all members without the permission of any other person or body. Now, this is not quite that drastic. This is a much more modest proposal. It follows Philadelphia. The closest example is Philadelphia and my answer to the Herald editorial is this: In the City of Philadelphia like in the City of Newark, the City of Washington and the City of Atlanta, the Mayor in those cities appoints a Chief Administrator with the consent of the legislative body, a financial officer, a legal officer. That is the same thing that the President does. The President appoints an Attorney General with the consent of the Senate; appoints the Secretary of the Treasury and appoints different administrative functions. All we are trying to do in this is to follow the example that is clearly established in other cities in America following the American democratic city government procedure. I don't think it makes that much of a difference, and as I told Lucia earlier today - listen, let's give in to the Herald in this small little thing and let's out out these appointments of the Development ... but her argument to me was it would jeopardize the legal standing of this thing unless we go through a very careful procedure of reading it twice, and it just isn't worth it, so my position, therefore today that I will be voting with this as it is drafted and as it has been proposed. Mr. Perez: Mr. Mayor, we have two different questions here - first, the Executive, or the Chief Executive Mayor, or whatever you call the Strong Mayor system. That is the first Charter Amendment, and the second one is the about the districts and increasing the members of the Commission. I have a proposal that I would like that this Commission consider in reference to the Executive Mayor system. I am in complete in favor of the Strong Mayor system with some modifications. I think that this City at this time deserves a better representation for a better government in order that the Chief Executive be more accessible and more accountable to the voters of the City of Miami. For that reason I have different modifications that I would like to propose to the City Attorney's office in order to have it for consideration at the next regular Commission meeting and about the second question, about the district representation, I am completely in favor of the districts. I think that that is a way to preserve the proper representation for the group, but I think that in the City Commission of the City of Miami will have the best balance at this time, I think that if we adopt the Charter Amendment Number one, we will have five members of the Commission plus an Executive Mayor. This ... we will have the opportunity for a new seat in the City Commission and also we'll have the proper balance between the executive and the legislative branch - I would like to present today a resolution to the members of this Commission in order to appear to the Dade County authorities in order to try to call the attention of our County government to have district representation in Dade County at this time. I think that the County requires, due to the composition of this community, a better district ld 131 May 90 1985 representation and I think as representatives of a City with - a population of about 400,000 people we have the opportunity to make this request and after, in the future, when we hear x;. from the bade County government, I would like to consider 4 again before the people of the City of Miami this issue, an issue that was refused by the electorate a few years ago. In other words, Mr. Mayor, I would like to present this amendment that I would like to transfer to the City Attorney's office in order to give proper consideration to the Charter Amendment Number one for the next regular Commission meeting supporting the concept of the Strong Mayor with some modifications to be discussed ... if the City Attorney considers and accepts that it is not a substantial modification, I am in complete agreement to discuss all of this issue today and it is only pending for the City Attorney's office. Mayor Ferre: Commissioner Perez, obviously you have been doing your homework on this and I commend you for that. You are now at 6:13 P.M. passing this out for us to look at. You obviously by doing this will be putting off the Charter Amendment Number one and there will be no election obviously on July 9th. Now, as I understood what you have said, is that you were in favor of submitting the Strong Mayor proposal but not the districting at this time, so what you are doing now by changing this substantially is in effect deferring the whole thing. Is that correct? Mr. Perez: I would like to hear the opinion of the City Attorney. I don't think that it is a proper change ... Mayor Ferre: Yes, but you see, this is obviously a serious matter, and you have had this for quite some time. Have you given it to the City Attorney for her review during the day? Mr. Perez: No. Mayor Ferre: Then how can she make a decision: Mr. Perez: Because I think anyhow we have to discuss item by item in order to have the proper opinion of each member. I don't have any interest to obstruct this election in July and I think we have enough time if the City Attorney ... Mayor Ferre: All right, if you will pass these things out and we will go over it one by one to see if there is any substantial changes. Mr. Perez: Sure, in order ... Mayor Ferre: Would you pass it to the City Attorney and other members of the Commission so they can share your thoughts on this? Mr. Perez: I presented, Mr. Mayor, while you were out of this room, also a resolution requesting that the Dade County adopt the district system in Dade County. Also, something important about the district system. After we studied the whole proposition, we found no staggering of terms, for example, we would have eight members Commission board, that is seven members plus an Executive Mayor - we would have in 1989 four members elected by district that have to go to election again - two members elected at large would be elected again in 1989 and the Mayor is supposed to be ... we only would have one member with experience in the Commission in 1989 and I think that is something we have to take into consideration. Do you think that would be proper for the next zoning Commission meeting to include that as the first item in the agenda? Mrs. City Attorney, do you think it would be proper - we have enough time for the next Commission meeting? ld 132 May 91 1985 Mrs. Dougherty: We have enough time for the next Commission meeting. Mr. Perez: What 1 am trying to modify, Mr. Mayor, is to create a real balance between the Commission and the Executive Mayor, you know? I have had the opportunity to read the whole issue. I don't share several properties that are assigned to the Executive Mayor. Mayor Ferre: You see, my only problem with all of this, Commissioner Perez, is that you have had all this time to make these changes and you bring them out at 6:13 P.M. at the evening of a vote. Obviously, I don't know whether you realize this - I think you do; your intention obviously, is to kill the whole project, so you have killed itt This is a total defeat by your action of the issue of the strong mayor. Now, I want to tell you publicly that you are, with your actions, defeating this issue, and you are entitled to do that, but don't come telling me later on that you are for the strong mayor when you come out with this kind of change. Mr. Perez: Let me make clear again my position in this issue and I don't think that I have killed this project. I think that I have expressed my concerns and think that I am trying to protect what is the real functions of the City Commission. I think that we cannot compare the system of the City of Miami with other ... for example, if we compare with Newark, wwith Atlanta with other Charters that we have to study, there are a lot of differences and that is what we are trying to fill in this case. I think that we have enough time for the next Zoning Commission meeting. Mayor Ferre: All I can say to you sir, is what a joke! Let's move on. Make your motion and let's move along. This is nothing but a joke! Mr. Carollo: Mr. Mayor, I have to agree with you. Let me say this publicly. I think Mayor Ferre has acted very responsibly for this whole process of looking to change the City Charter in the most responsible way and manner for the City of Miami. This has never been an issue that should have depended upon who the person is that is going to sit in the Chair. It is an issue that should be looked upon as to what is the best form of government that the City should have - whether it is the City Manager that you, the public do not vote for, or should it be a Mayor that will have the responsibility that goes along, and should go along with a position such as that and that if you don't feel that he is doing an adequate job, you can vote him out of office like happened in Chicago recently and other major American cities. Just about every major American city in these United States has an Executive Mayor, a Strong Mayor, if you want to call it, form of government. Unfortunately, there are some that do not want to dedicate the time to the Mayorship that it requires. Being a Mayor of Miami, don't kid yourself, requires a lot of time. In fact, it requires a lot more time than being a City Commissioner. I dedicate, like my other Commission colleagues do, a lot of time to this position, but the Mayor dedicates even more time. That goes along with the responsibility of the job. I feel however, that there have been those out there that want the position (T A P E 1 4) of Mayor, but do not want to have the responsibilities. They still want to be able to run other business, their stores, their banks, what have you and give a small percentage of their time to the Mayorship of Miami and I am sorry that one of our colleagues that from the start was saying he wanted this, finally has caved in to some of the last minute shenanigans and pressures that some out there that only have their best interests at heart, have Id 133 May 9, 1985 pulled. We could have saved a lot of time to this Commission, to this City if people would have put their cards on the table from the start. But here we have gone this whole process, we have spent countless hours of City Attorney's office time, City Clerk's, to many departments, our time, the public's, and now to come up with frankly, a ridiculous idea such as this that would definitely kill this proposal and say that, "Well, I am really for a strong mayor form of government" - that is not being up front! That is trying to justify something that is not justifiable at this point in time. Mayor Ferre: change in the you have just If there has ever been proof of the need of a structure of government, Ladies and Gentlemen, seen it here. Mr. Dawkins: Mr. Mayor, I beg to differ, simply because my colleague over here said, this is a parttime position and others have other things to do. I said from Day one that this was too much of an important issue for us to attempt to railroad it through like this, and as you said, if there is any good example of that, it is this - the Commissioner has had time to go through this and look at the things that he didn't approve oft And because he took his time and arrived at a decision that he can live with, we are going to condemn himt I don't think that is fair; I think that is grossly unjust of us to say that because a Commissioner took this and took his time to evaluate it and come back to us and say "Look, yes, I am with it, but I am with it only if these modifications are made", and personally, I am not saying it because I am not in favor of it, see, because the City of Miami has operated since 1896 with a strong mayor form of government, ... strong manager; - Miami is in its infancy, Miami is just started to become the great city that it is going to become and now that we have all of these things on the drawing board and ready to move, we are going to change the form of government and then go back instead of continue with progress be narrowed down in a change of government. It is just unfair for me, for us to sit, for any of us, and that is all five of us, I mean the public has a right ... Mayor Ferre: Commissioner, speak for yourself. Don't speak for me. Mr. Dawkins: It is unfair in my opinion. Is that clear enough for you? Mayor Ferre: That is clear enough for me. Mr. Dawkins: All right, then. See, when you ... (INAUDIBLE BACKGROUND COMMMENTS) Mayor Ferre: You are out of order please, Mr. Herman. Mr. Dawkins: Mr. Herman, the public will decide. Now listen closely to what I am saying, sir. It will be those individuals who reside, paid taxes and live in the City of Miami, okay? Those are the individuals who will decide this, okay? So, I will ... Mayor Ferre: All right, anybody elser wishing to make a statement on this fiasco that we have gone through? All right, as I understand it then, Items 26, 27 and 28 are now dead, and 29. I will accept any motions of any kind on any of these items that any members of this Commission wish to make. Mr. Perez: Mr. Mayor, the first thing, I never tried to kill this motion. My motion will be we transfer this Id 134 May 9, 1985 proposition to the City Attorney's office to have the proper recommendation for the next Zoning Commission meeting and to have it included as the first item in the agenda and also 15- that each member of this Commission = 1 don't know the other members, but in my own case, I never had the opportunity to meet with the City Attorney or with the proper persons in this case to discuss this issue and I would like to have that opportunity before the next regular Commission meeting and to try to have consent on this issue. Mayor Ferre: All right, the Commissioner has passed this item on to you, Madam City Attorney, and you heard his instructions, and I don't have any objections. Anybody ...? Mr. Plummer: Well, Mr. Mayor, I think procedurally shouldn't that be a motion to defer? Mayor Ferre: All right, I will accept that as a motion, Commissioner Perez. Mr. Carollo: Madam ... Mr. Perez: Motion to defer. Mayor Ferre: All right, this is a motion that Items 26, 27, 28 and 29 be deferred to the next Commission meeting. There is a second on that. Mr. Carollo: Madam City Attorney, if we can get your legal advice as to just what the Commissioner's resolution would do to this amendment. Does it not put it in a position that would make it impossible to have the public hearings that we would need to to pass any new formation that he would like to come up with between November in order to hold an election. In other words, we would not be able to hold an election until November. Mrs. Dougherty: No, conceivably, if you pass this again on first reading at your next Commission meeting, then you would have another Commission meeting ten days later and passed in on second reading, you could have your election July 23rd, 60 days after the second reading. Mayor Ferre: You would have to have the second reading on the 3rd of June, and if you did that, you could also go beyond that, because you could have the election on the 30th of July. Mrs. Dougherty: Yes. Now, your qualifying dates for your November election for Commissioners would be on September 11th, would be the last day of qualifying. Mayor Ferre: Which is 45 days before, so obviously that wouldn't give too much time and effectively I think by doing this, I think it is a dead issue because you are not giving the people of Miami sufficient time to understand what this is all about. Mr. Perez: But if we have to defer, what we defer is the second reading. Don't you think that we have an opportunity ... I think that if you have the opportunity to meet with each member of this Commission, individually, you know, maybe we don't have a substantial change. We can come in at the next Zoning Commission meeting, the 23rd, with the second reading again and it will be ready for the special election. Mrs. Dougherty: I will look at it from that point of view, but my best advice at this time would be passing it twice. ld 135 May 9, 1985 Mayor Ferre: All right, we have a motion and a second and is there further discussion on this? Call the roll. The following motion was introduced by Commissioner Perez, who Moved its adoption: MOTION NO. 85-515 A MOTION DEFERRING AGENDA ITEMS NOS. 26, 27, 28, 29 OF TODAY'S AGENDA DEALING WITH PROPOSED CHARTER AMENDMENTS NOS. 1 AND 29 TO THE NEXT CITY COMMISSION MEETING FOR FURTHER INFORMATION FROM THE CITY ATTORNEY. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo NOES: Mayor Maurice A. Ferre ABSENT: None. ON ROLL CALL: Mr. Carollo: For the purposes of discussing the matter, I vote yes. Mayor Ferre: Just as a matter of principle, I vote no. Mr. Dawkins: Has it always been the policy of a Commissioner request ... never mind. Thank you. Go ahead, Mayor Ferre: Hey, you got what you wanted. Don't push it. ------------------------------------------------------------ 57. AWARD BID: REAGAN EQUIPMENT CO. FOR INSTALLING EMERGENCY GENERATOR SET TO DEPT. OF BUILDING AND VEHICLE MAINTENANCE. ------------------------------------------------------------ Mayor Ferre: All right, we are now on the public hearings. Mr. Dawkins: Mr. Mayor, the Manager has asked me to move Item 13 from the consent agenda - 13, 14, 18, and 21. So moved, please. Mr. Carollo: You would have to vote upon them individually, would you not? Mr. Dawkins: Not a Consent Agenda. Mr. Carollo: Well, you said take them out completely. We are not going to vote upon this? Mr. Pereira: Can't hear you. Mr. Dawkins: I took them out already. Mr. Carollo: Do you want to vote on those? Mr. Dawkins: Yes, yes these only. ld 136 May 9, 1985 Mr. Pereira: On those = just on those. Mr. Carollo: Because if we pull those out, we have to vote upon them individually. Mr. Dawkins: Yes. Mr. Pereira: Yes, whatever the procedure is. Mr. Carollo: Yes, we would have to vote upon them individually, not as a whole. Mr. Pereira: Right. Mr. Dawkins: So I move 13. Mayor Ferre: Item 13, it has been moved and seconded. Who seconded it? Mr. Carollo: Second it. Mayor Ferre: Further discussion? Call the roll on Item 13. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 85-516 A RESOLUTION ACCEPTING THE BID OF REAGAN EQUIPMENT CO. FOR FURNISHING AND INSTALLING AN EMERGENCY GENERATOR SET TO THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE AT A TOTAL COST OF $22,012.00; ALLOCATING FUNDS THEREFOR FROM THE 1984-85 OPERATING BUDGET OF THAT DEPARTMENT; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE ASSISTANT CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. ------------------------------------------------------------ 58. AWARD BID: HEWLETT PACKARD CO. - MICROWAVE SIGNAL GENERATOR ETC. r-rrrrrr rrrrrr-r-rr rrr rrrrrrrrr-r-r-rrrr-r---r-r------rrr-rr Mr. Dawkins: please. Mr. Carollo: At the request of the Manager, Item 14, Moved. ld 137 May 91 1985 Mayor Ferre: It has been :roved and seconded. Call the roll on 14. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 85-517 A RESOLUTION ACCEPTING THE BID OF HEWLETT- PACKARD COMPANY FOR FURNISHING A MICROWAVE FREQUENCY COUNTER, MICROWAVE SIGNAL GENERATOR, SIGNAL GENERATOR, DISTORTION MEASUREMENT SET, 100 MHz UNIVERSAL COUNTER, AM/FM SIGNAL GENERATOR, FUNCTION GENERATOR, AND AN AC VOLTMETER AT A TOTAL PROPOSED COST OF $469345.00; ALLOCATING FUNDS THEREFOR FROM THE 1984-85 OPERATING BUDGET OF THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE ASSISTANT CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS EQUIPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Demetric Perez, Jr. Commissioner Miller J. Dawkins Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. ---- --------- - ----- ----------------------------------- - - ---- 59• AWARD BID: INFOTRON SYSTEM CORP. - THREE (3) COMMUNICATION NETWORK CONCENTRATORS. ------------------------------------------------------------ Mr. Dawkins: Item 181 please. Mayor Ferre: Is there a second? Is there a second on Item 18? Do you second it? Mr. Perez: Yes. Mayor Ferre: Further discussion? Call the roil on Item 18. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: Id RESOLUTION NO. 85-518 A RESOLUTION ACCEPTING THE BID OF INFOTRON SYSTEM CORP. FOR FURNISHING THREE (3) COMMUNICATION NETWORK CONCENTRATORS ON A LEASE/PURCHASE AGREEMENT OVER THREE (3) YEAR PERIOD TO THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE AT A TOTAL ESTIMATED AMOUNT OF $140,333.00; ALLOCATING FUNDS THEREFOR FROM THE FIRE AND POLICE FISCAL YEAR 84-85 TELEPHONE ACCOUNT; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE ASSISTANT CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT. 138 May 9, 1985 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Perez, the resolution was passed and ad^pted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. 60. LONG PUBLIC HEARING COANCERNING DISPOSITION OF PUBLIC LIBRARY BUILDING LOCATED IN BAYFRONT PARK. (a)PROCEED WITH IMPLEMENTATION OF BATFRONT PARK REDEVELOPMENT - NO DECISION ON LIBRARY PENDING MONIES, ETC. (b) PREPARE BOND ISSUE FOR PUBLIC VOTE ON ANTICIPATED SHORTFALL TO COMPLETE REDEVELOPMENT OF BAYFRONT PARK. Mayor Ferre: We are now on the public hearing for 6:00 P.M. which is public hearing item number 60. Mr. Manager, do you have anything you wish to say at the opening of this discussion? ... on this issue? Mr. Pereira: Are you talking about the library? Yes, sir. On this item we have submitted to you the information you have requested in terms of some of the costs associated with questions raised by Vice -Mayor Carollo. We have also submitted to you a memorandum that has been distributed in terms of the Bayfront Park Redevelopment Project and the encumbered and expended funds as it relates to the design services that have been performed on this project, on two separate agreements - one with Isamu Noguchi and the other one with Fuller and Sadao. That is the information that we have, sir. Mr. Carollo: Can you go over that publicly, Mr. Manager, and make sure that we understand it correctly and it is placed in the record? Mr. Pereira: You want me to read the information? f Mr. Carollo: Please, if you would, since we've just received that. Mr. Pereira: Encumbered and expended funds to Isamu Noguchi, current professional services agreement with the City, we encumbered $250,000 and we have expended $250,000. Mr. Carollo: We paid him $250,000 up to now? Mr. Pereira: We have paid that amount of money. Mr. Plummer: But there has been a lot more money been paidi Mayor Ferre: Wait, wait. I have a memorandum that has been passed out here - for the record, it says that the total expenditure is $657,000 so far in this project, and that committed, in other words, encumbered, is a total of ld 139 May 9, 1985 it $9761950. In other words, the City of Miami has paid, or will have to pay up to $10009000 if this Bayfront Park Project is abandoned. That is what we have in it at this time. I am not saying that it will be, but I'm ..... Mr. Carollo: Well, of course, Mr. Mayor, you mean if the whole project would be abandoned. Mayor Ferre: I'm sorry? Mr. Carollo: Of, course, you mean if the whole project would be abandoned, which of courwe, we would not do that ... abandon the whole project. Mayor Ferre: Of course, I understand that. All right, is there anything else? Mr. Pereira: That is it. Mayor Ferre: All right, this is a public hearing. I would like for now, by a show of hands, see how many people wish to address the Commission this evening. Raise you hands. Those that wish to speak to the Commission. (NOTE: Mayor counts hands) Keep you hands up so I can count - 23. All right, is there anybody who ... Mr. Carollo: Excuse me, sir. Before we start with the public speaking, if I may make a request of the Administration. Mayor Ferre: Go right ahead. Mr. Carollo: So as while the public is speaking, maybe they can locate that for us. What I would like to have from the Administration is if they can locate for us, either a picture or any other kind of visual design of the complete design and final design, should I say, that was made by Mr. Noguchi, so we can see how many entrances there are to the park, and all the additional things that have been placed in it. Is there one around? Mr. Pereira: Yes, he is on his way in. Mr. Carollo: Good. Mayor Ferre: Now, of the 23 public speakers ... Mr. Carollo: This is a map that we have, Mr. Manager, and what we need is a picture at least, of the design. Mayor Ferre: Don't do that, because you are blocking people and they get upset when you do that. Mr. Carollo: You can save it for later. That will be fine. Just place it down if you like. Mayor Ferre: Place it down so people can have an opportunity. All right now, we have 23 public speakers and of course I will not deny others the right to speak if they wish to. Does anybody need to speak more than three minutes on this issue? Anybody here wish to speak more than three minutes? Nobody? All right now, the last thing I have to ask is, there are some of you who have time constraints. I understand there are planes to be caught. I will take those people out of order. Is there anybody here who needs to be out of here, either very quickly, because I would like ... Dr. Aguirre, would you state the reason why y.lu have to leave, for the record? Id 140 May 9, 1985 Dr. Horacin Aguirre: Thank you very much, Mr. Mayor. Horacio Aguirre, Diaro Los Americas and also I am a member of the Bayfront Park Committee. 1 have to take a plane to go to the Far East for the International Press Conference and for that reason, I would appreciate very much if you permit one to say a few words before 1 have to leave. I would like to say that any measure that would now hinder the plans to go ahead with the construction of the new Bayfront Park would be detrimental for our City. However, if work is not begun before May 31st, part of the Federal money, actually $6,0009000 committed for this great park will be lost. The removal of the old public library building is essential for work to proceed. Keeping that building there would in no way compensate the immense harm that would be done to our city if the park is not built. This park will be an important step in the revitalization of this area. It would be the only area in downtown Miami, for the enjoyment and recreation of Miamians and tourists alike. Furthermore, the City of Miami Commissioners have already approved the park including the removal of the library building many months ago. I think that to back up on this now would only serve to tarnish the prestige of our municipal authority. It is not only my opinion, but it is the opinion of many people, that we in Diaro Los Americas have been consulted by us about this important project that you have discussed this evening. Thank you very much. Mayor Ferre: I will take up the next speaker in the order that they step to the microphone. Would the next speaker also come to this microphone so that in the interest of time we could move along. Whoever wishes to speak next. Mr. WillyGort: Mr. Mayor, m name is Will Gort. I live at 2660 N. W. 48th Avenue and the Executive Director of Downtown Miami Business Association. In 1982 the Downtown Business Association passed a resolution. We want to see the complete Master Plan of Downtown Miami and Bayfront Park redesign take place. The biggest thing that we looked in the Library - the problem that we have with the library, and we can appreciate some of the Commission looking at this and 1 trying to save money for the City by utilizing the existing 3 building, but unfortunately in order for the Master Plan to really work for Downtown Miami and open the doors and really making a pedestrian place and making it attractive and connecting Bayfront Park to Riverwalk and the Bayside Project with the Flagler Street Corridor, would be by knocking down the library. If we leave the library up, that will be like a stop sign for individuals who are using the Riverwalk and they are using the avenue behind the -� fountain - the people who go in to see the fountain would not be able to see Flagler Street vis-a-vis people, which are millions of people walking through Flagler Street would not be able to see the bay or the fountain, and that is why we think the library should be knocked down. Thank you. Mayor Ferre: All right, next speaker. Sure, Mr. Worth. Mr. Russell Worth: Mr. Mayor and Honorable Commissioners. My name is Russell Worth. I am managing partner of Worth and Company and I am a full time resident of California and a part time resident of Miami as a result of 15 months work within the company development team, seeking to bring into Miami $430,000,000 for a 2.5 million square foot multi -use ±` complex on the Ball Point, just south of the park. We will be building this to successful world class standards. It will be a world landmark for Miami. The towers will be 61 and 49 stories high, but more important, it will be a mini - urban village filled with vitality and life and designed to bring greater population, greater activity, greater employment to the downtown. It will ultimately employ ld 141 May 9, 1985 approximately 10,000 people. We have done the preliminary work. We have taken the risks. We have spent the funds to create the format for this project. We have had outstanding cooperation from the City and the City authorities. As a result of our planning, which has been dependent upon the commitment of the City to build Bayfront Park, we are in a position, we hope to attract this type of investment funds. It is an uphill and difficult struggle to attract. The funds go frankly where they are welcome and where they can count on the contractural obligation of the city, the undertakings of the city. Here we have relied on the Commission's plans, which are outstanding for the park. We salute their activity. We salute those plans. They have a tremendr.us impact upen our investment, upon the well-being and opportunity for all Miamians to have an open green area. We think it would be a disaster to block the Noguchi plan t�^ put a structure there that does block it. We want to support the Commission's original plan - support the Noguchi design, and we also wish to compliment the Commission and Bayside on their activity in the north of the park. We hope to be good citizens to the south of the park. Our work is very much dependent upon the Noguchi design for Bayfront Park. Thank you very much. Mayor Ferre: Mr. Worth, before you sit down, I ap:logize. I was talking t: my colleague here. I would like to ask you j a question, if I may, and I apologize because I was distracted and didn't get the full impact of your statement. You are considering making a very major investment in Downtown Miami. Investments of this sort are of course key tt> ; to the prosperity of Miami. If I have done anything in the years that I have been year, it is certainly been to induce people to invest substantial amounts of money in the downtown area so that our tax base would increase. When I first started to serve the people of Miami, our tax base was less than $25,000,000. I would hope that soon, in the next few years it will be close to $100,000,000. There is nc other city that has had that kind of a growth record and it is mainly due to people like yourself, from California, from 'V New York, from other parts that have seen a future in Miami and have invested accordingly. Mr. Gould, wh:% unfortunately we are having problems with, has a tax bill, or whoever owns his property, that will be a lien against our property of $5,000,000 to this community. In other `-7 words, if Mr. Gould did not have the vision for what he ar. thought would be a good investment, he would not have _�. invested what he has. He did so partly hyping that this park would be built as designed. He made some commitments which we talked about today which he has not lived up but the point is that people like yourself are investors. Now, I didn't catch the full thrust of your statement, but I would like to know, how important to your investment plan is the execution of the beautification of this park as proposed? Mr. Worth: Mr. Mayor, one way to demonstrate it is an internal planning document of our group. It is an 80 page document summarizing our investment plan. It is a result of 15 month's work. It's intended internally, it is a confidential document. 18 pages of that 80 page document are renderings and analyses of Bayfront Park and its impact on our investment. The report in the document says that Bayfront Park and the Noguchi design are going forward. We look forward to being the southern anchor of that park. Our retail facilities would provide world class quality retail. ' The excellent facilities of Ba side will be festival retail. The park will be the green in between those two quality =� ld 142 May 9, 1985 projects, so the park is an integral and critical part of our plan. The investment community looking at it, furthermore makes a judgment. I don't have that $4300009000. I must attract it. I can't say that I will succeed. We will have a tremendous effort. We are in the process now, but W0,000000 will go, as we are competing in Miami. Worth and Company is competing for those funds with every other city in America, with every other city in the world, and the funds will go to that city which basically investors feel honors the contract, creates a great quality of life, is a great metropolitan center and where they can rely on the city's plans. Here in fact, there is no legal obligation, but we are relying on the City's plans. Our ability to attract these funds is materially impacted by the Isamu Noguchi Bayfront Park. We urge you to support it. Mayor Ferre: Thank you, Mr. Worth. We do hope ycu are successful. We need your $430,000,000. Mr. Worth: Thank you. I need all of your support. Thane: you. Mayor Ferre: Thank you. All right, next speaker? Mrs. Margaret Pace Burton: Mr. Mayor, I don't have that money for you, but I am Margaret Pace Burton, past Presideht of the Miami Woman's Club and the Chairman of the Advisory Committee. Having lived here since 1917 and having watched that park created, it is a very dear park to me. The club was organized in 1900, before I was born. Shortly thereafter we created the first library in the City of Miami. It became the Flagler Memorial Library. The club had prominent women who helped create a City of Miami. There is a story that the time that the building, the present library building was to be placed in the park, the grounds were broken the day that five prominent Miami women were out of town and it was said that this was the time to do it, for they knew that the women in Miami and the Miami Woman's Club did not approve of the present building in the park. We have continued that stance. We love the park. We love Miami, but we feel that that building must be removed that is at the foot of Flagler Street. It should never have been there. Please, take it away! Mayor Ferre: Next speaker. Mr. Bill Braymeyer: Mr. Mayor and Commissioners, my name is Bill Braymeyer. My office address is 14105 N. W. 58th Court. On behalf of the Certified Plumbers of South Florida . Mayor Ferre: Certified what? Mr. Braymeyer: Certified Plumbers of South Florida, sir. No relation! Mr. Plummer: I am not certified! Mr. Braymeyer: I am also Chairman of the Construction Industry Advisory Council. Mr. Mayor, this project is vital to the City of Miami and we urge you to keep Flagler Street clear — go ahead with the plans for the park and bring these new projects in. Thank you. Mayor Ferre: Next speaker? Are there any other public speakers at this time? Mr. James McDonald: Mr. Mayor, my name is James McDonald, I am an attorney with McDermott, Will and Emery in Miami. I've been practicing in law in Miami for alm:,st 10 years and Id 143 May 9, 1985 --1 I'd just like tosay a few words in support of knocking the Library down. I travel around the country a loto I have seen other cities where they are redeveloping downtown, I am a former member of the Downtown Business Association. I think it would be tragic to keep the Library building where " it is, blooking Plegler Street from the Bay, disrupting the Park and disrupting the plans that have been made. I think Miami is on the verge of a great re -discovery for tourism and for the people that live here and I think to keep that building there would be a great mistake for the long range growth and future of downtown so I urge you to knock it down. Mayor Ferre: Thank you, sir. Next speaker. Mr. Dan Horton: Thank you, Mr. Mayor, Commissioners, my name is Dan Horton representing the South Florida AFL-CIO, office at 2409 N.W. 17th Avenue. I also rise to speak in favor of taking the Library down. I have been here many times with this Commission. We are very proud of the fact that our people have been extremely supportive at every opportunity of your efforts to revitalize this City since s^ many of our people live within and have grown up here. The plan designed through Mr. Noguchi and the Bayside, Rouse, the entire project, and I apologize if I pronounced it wrong, my apologies to the gentleman - my southern accent sometimes prevails - but the plan and the concept of what is evolved within the City is truly on the verge of making this one of the great cities of the world. The Library removal, has been discussed in front of this Commission before and at that time the Commission voted to remove that. The plans were drawn with that in mind. At this point, to go back and re -do them I think is a disservice to all the work that s^ many people put into it. More importantly, it truly does not reflect the best of the City. The building, and I don't agree it necessarily should not have been there, when I was a younger man it was a very popular place to go, it was an excellent library, it was one of the few in the City at that time, in the County, actually, that had good facilities. But it has had its time and its day and as all things change it should too and I would suggest you stay with the original design and remove the Library. I tell you all of our people are in favor of that position, if the Commission will indulge us we would be happy to have several others come up here and state that for the record. But we believe the Library should go and the original plan should be enforced and keep Miami building a beautiful City. Thank you, sir. Mayor Ferre: All right, next speaker. Mr. William Ader: Gentlemen, my name is William Ader. I reside at 1800 N. Bayshore Drive. I have lived and worked in Miami for the past 30 years. 30 years ago I built a 70 unit apartment building at 18th Street and Bayshore and at the same time I put in a club and restaurant which has been operating continuously since then. And to give you a feeling of businessmen in the area, or certainly my feeling, I know that it has been very difficult for the last five years. In 1980 our business dropped almost in half and we have literally, myself and my family, have been hanging on by our fingernails to maintain that property and to be able to stay in business and I can see that gradually things are turning up and for the better. It is my feeling that when the Park is finished as according to Mr. Noguchi's plans and when Bayside is completed it is going to be a tremendous help to all of the businessmen and as far north as 18th Street. Gentlemen, I implore you to go ahead with your plan, tear the park down as you have committed to do and let's get going and make Miami as strong as I know it is going to be. Thank you. Id 144 May 9, 1985 H 0 =�J LNJ 0Pf, Mayor Ferre: Thank you, next speaker, Mr. Fine. Mr. Martin Fine: For the record, any name is Martin Fine. Mr. Mayor and members of the Commission, I'm proud to be here as Chairman elect of the Greater Miami Chamber of Commerce and to share with you the fact that the New World Center Action Committee of the Chamber which is responsible for assisting you in the redevelopment of downtown Miami and endorsed by the entire Chamber has passed a resolution, a copy of which I'd like to ask the Manager to distribute to you - back in early May, reaffirming its position to remove the Library. Very candidly, we see this as a matter of the Integrity of the development process and the integrity of the City of Miami both in terms of what someone like Mr. Worth said and what people who have invested multi -millions of dollars in this community and are being asked to do s.i again will be able to rely on plans and dreams and hopes of what developers and this City is trying to do. I think there is a lot of confusion as to whether or not you did or did not pass a certain ordinance or when you did it or hcw you did it. I think that is to some extent immaterial. What is really material is what will it take to make this area a great urban water oriented park? It is very clear to me that what we need to do is remove that Library, more importantly, it has cleared 1,800 members of the Chamber of Commerce that what we would like to do is to remove that Library and build a great park. I think some of the concern about removing the library centers around whether one does or does not care for the particular plan and it has gotten to be a particular name for the person who designed it who happens, in the opinion of most people, to be one of the great artists in the world. But that really isn't the point. The point is that Bayside has the potential for being one of the great economic generators in the history of this community. It is people oriented, it is going to create jobs, it is going to create employment, it is going to be one of the best things that has ever happened to this community. And as the Chamber of Commerce, we implore you to take whatever steps are necessary including the rem:val of this Library to get the Rouse Company to build something great for this community. Thank you. Mayor Ferre: All right, yes, ma'am. Ms. Nickie Sakko: My name is Nickie Sakko. I have been a resident here for ten years and I came from Chicago and Chicago has done wonderful things with its waterfront. I was disappointed when I came down and knew I was going to live in Miami, I thought oh, water everywhere, but you can't get to it and you can't see it. I think Daniel Burnham who did the plan for Chicago realized something many many years ago and that was you don't put buildings where the people are supposed to be so they can enjoy the water and when you started doing the plans for the Noguchi Park I was very pleased that finally the people would have access to the park without being blocked by the building. I appreciate Mr. Carollo's interest in saving the City money and I think that is wonderful, but I think that we have gone over this ground and over this ground when we made the decision to get rid of the building for the better good. And I would like just to say that I hope this building won't be used as a political issue when we have so much at stake here and we can end up with a fabulous park with one "of the world's greatest artists and it will make us all feel so much better. I hope that you would get rid of it and get on with the good work that you plan. Thank you. Mr. Carollo: If you would, - Mr. Mayor, may I make a brief statement? She mentioned Chicag.^ and it's a City I knrw Id 145 May 9, 1985 r �, quite well since I grew up in Chicago as a very young roan. The difference between what you're saying and part of the difference between what is happening to our downtown Miami Is two -fold. Number one, you are correct, the shoreline of Chicago is planned touch better with parks, with beaches that were accessible from Lakeshore Drive in Chicago. The difference though, is that, and I'm not going to start talking about how we should not have built on the bay side of Brickell, which we should not have, that should have been open space and we should have built the buildings across Brickell. But, I'm not going to suggest that we tear all those buildings down, you know, it is just like when you go in to develop an area you don't blow up a mountain or dry up a river, I'm not going to suggest that. The difference of Chicago and downtown Miami is two -fold (1) the reason y;u have so many people going to those parks that are adjacent to downtown Chicago is police presence - police presence that you do not see in the evenings in downtown Miami or in any of those parks. Secondly, the parking rates in Chicago are a lot more reasonable and there is a lot more parking accessible to the public than there is in downtown Miami. In downtown Miami you have to pay between $4.00 and $6.00 an hour to park there. I think that one of the main reasons that you have the night life that you have in dow't:wr, Chicago and the parks adjacent to the bay of dcwnt�wn Chicago are those two: (1) very adequate police protecti^n - people feel secure and (2) the parking is a lot more reasonable than it is here. Mayor Ferre: All right, sir. Mr. Art Fernandez: Mr. Mayor and Commission, my name is Art Fernandez. I'm the business manager of the Electrical Workers, one of the 17 crafts that is very instrumental in seeing the Library to be either - I wouldn't say destroyed, but I concur with Marty Fine and also it is not fair to the Rouse people to come in here with the contract, stalling this project and if Dade county is going to grow and the city of Miami is going to grow, and fortunately I was one of the Cuban Americans that was born in Miami, my father came from Cuba in 1926. He might have landed on the Library there when he came from Cuba. But what I'm saying is that I remember, I was born and raised in Miami 46 years ago. I've seen the growth of the City of Miami and, of course, we have sentimental values of certain projects that you'd hate t. be removed or torn down but that is progress. There used to be a library where the old Nash Building was, that used to be my paper route when I was 12 years old. I hated to see that library go. But look at the expansion of the City of Miami, the growth, due to you people. I concur with this young lady here - why should politics be involved? Why stall? I think on with the program and believe me, I represent 17 crafts, roughly 3009000 to 400,000 working people of Dade County and this will put a lot of people to work. Mayor Ferre: Archie, I have to do this to you but I've got Claude Pepper and I've been telling a couple of times that I'm going to put him on and the moment I say that he starts speaking, so I'd better put him on. Will you forgive me if I... Mr. Fernandez: No problem, I wouldn't hold the Senator up. The last thing I would like to say ... Mayor Ferre: Senator, we're going to put you on the loudspeaker right now. Go right ahead, Senator. Senator Claude Pepper: Mayor, may I say to you and the commission that I appreciate the privilege of speaking to you, that I can inform you that the Subcommittee on Energy Id 146 May 90 1985 and Water Resources and Development, the same Subcommittee that got us the money to build a Bayfront Walk and the foundations for the fountain, they have assured me that they have put little over $9,000,000 in the bill which will come up before the full Committee on the 15th of May for final approval which will allow the building of the promenade from Biscayne Boulevard to the fountain as is in the plan, provided for in the plan. So I am very happy that we are almost certain that we can count upon that $99000,000 so that not only the Bayfront Walk will be prepared and built by the engineers but also the promenade from Biscayne Boulevard to the fountain. That will complete that part of the picture. So I think you can count upon that, that is the same Subcommittee that got us (applause) ... I think you can look forward to that and I'm very happy to tell ycu all about it because you all have done such a fine job in getting under way this great park for the people and you'll be able to enjoy it before long. Mayor Ferre: Senator, I think the loudspeaker was working partially and I think your message came across. As I understand it, what you're saying is that rather than $5,60090000 I think that we're now going to get up to $990009000... Senator Pepper: The estimate of cost may have increased since we hd the figure that you put in your brochure but we have gone over it with them according to the plans any everything and they put in the amount that they think will assure the adequate building of the promenade, the way it is listed in the plan is the promenade and it connects Biscayne Boulevard and the fountain. Mayor Ferre: Well, I think we get your point. Senator Pepper: And there will be enough money to build it and the full Committee will take up the recommendation of the Subcommittee on the 15th of May, but since it is a very influential Subcommittee and the one that got us the money before, I have no danger or doubt about the full Committee approving the matter and then if the full Committee approves it I don't have any doubt that it will go through the House and through the Congress all right. And so the engineers will undertake that additional obligation. Mayor Ferre: Well, thank you very much, senator. Senator Pepper: I'm looking forward to that happy day when we'll be celebrating the completion of this great project. I think it is going to give a lot, a big shot in the arm to Miami to have this place where the people can gather, where tourists can gather, where the citizens can come to recreate and have their pleasurable activities, the evenings and all and I'm eternally to the City Commission for all that you've done on this matter and especially for allowing my dear Mildred's, as well as mine, to be associated with the project. Mayor Ferre: Well, thank you very much, Senator, and good night. Senator Pepper: Thank you very much and please give my regards to all the members of the Commission. Mayor Ferre: Thank you, sir. Mr. Art Fernandez: Mr. Mayor and Commission, the only thing I have to say is that look into, see what the value, as far as moving the Library, I know there is plenty of property where you can salvage the structure or whateve►-, the id 14'7 May 9, 1965 valuable marble, whatever, on a piece of property where why hold up and delay the construction. that is the only thing I have to say. Mr. Carollo: Mr. May.ir, maybe if you clarify something for the public, it was kind of hard to hear the figures that the Senator was giving. How many additional millions of dollars is he saying that he feels he might be able to possibly acquire? Mayor Ferre: Well, as I understood it, it was ... John, what is the figure that is earmarked now, $5,600,000? Mr. Gilchrist: The original allocation was $5,200,000. However, the Corps have guaranteed us that they would do the entire contract for $6,200,000 out of whatever funds they had available. So I believe that the promenade estimate was an additional $950,000. Mayor Ferre: Well, he just said $9,000,000, up to $990000000. So in other words it could be an additicn up to $2,800,000. Mr. Carollo: There's a possibility of that. Mayor Ferre: Well, what he said was that the Subcommittee recommended it, that it is a very powerful Subcommittee - and he is a master at understating those things. That means that that Subcommittee has a lot of muscle. And I'll tell you what, Commissioner Carollo, I don't know how you're going to vote, and others, but I want to tell you if this Library is torn down and we got that additional $29800,000 1 think a great deal of credit goes to you. Mr. Carollo: Let me say this to you, Mr. Mayor, sometimes it takes someone that is willing to bite the bullet tc defend every Miamian, particularly the smaller inccm e Miamian to accomplish these things. In fact, I'll tell you R' why I asked that question, because what I would really like to accomplish is not only to have those in the private sector that promised to raise $10,000,000 over four years ago come up with that money, but if we can acquire an j additional $7,000,000 so that we can buy the library Building right off, in other words that is what the Library Building is worth to the people of Miami. So if we can :Y.., acquire at least $79000 000 to build another structure somewhere else I would be very happy then to see it torn dawn because then I think the people of Miami would have received a fair shake in this. c Mayor Ferre: Yes, sir. 05.o:° Ms. Tina Hill: Mr. Mayor, Commissioners, Mr. Manager, I am Chairman of the Citizens Committee. First of all I live in Miami, almost downtown so I am very close to the project at time. I am chairman of the Citizens Committee on Bayfront .;; Park. The Committee has worked diligently since 1979 to =w' help on the City's Park Redevelopment Project. I am here to } - - reiterate that the Committee is ready to proceed in good 3 faith to raise private funds, not Commissioner Carollo what you have just stated that someone had made that kind of a commitment. I don't know who made it, I wish that the -` MR person that made that commitment to you four p y years age would 4 be in the room or that you have a letter to present to us in ` the committee on who it was that made the commitment. Mr. Carollo: So in other words there was never any r promises, Mrs. Hill, that the private sector would raise approximately $10, 000, 000. I Id 148 May 9, 1985 4 Y Y Ms. Hall: mentioned. Mr. Carollo: was given'; Not the amount, sir, that you have just Was there any amount that you recollect that Ms. Hill: Our commitment with all of you and with the City has been that as soon as the project would get going and that the the break of the ground, the ground breaking for the park would take place we, the Committee, would endeavour to go to the private sector to help raise funds for the different elements in the park. We are still ready to make that commitment to all of you, but there was never a commitment by me as Chairman, by my previous Chairman or anyone in the Committee of $1000009000 that you gentle an have raised. Mr. Carollo: Well, if I may ask you one question, and this will not be taken from your time, it will be taken from cur time here, I'm not going to argue the point now on whether those commitments were made or not, it is my recollection that commitments in that area were, but that is irrelevant right now. I think what is relevant is how do you expect, let's say that the Library Building is taken out of the way, then how are we to raise the additional 7 or 8 million dollars that would be needed, approximately, to finish the project? Mayor Ferre: What is missing to finish the project is $5,000,000. What is missing is $5,000,000, not $10,000',00:. In other words, what I'm saying, and now it is changed again with the Senator's statement. If you take into account the UDAG Grant and you take into account the Corps of Engineers Grant, both of which are intimately tied to the Noguchi design, obviously if that design didn't exist there wouldn't have been that effort and that commitment made on the part of Claude Pepper. I mean let's not kid ourselves, Claude Pepper has really been working hard and over time to get those funds and he didn't do it - I'm sure he did it for the City but the fact that obviously it's in memory of his wife and he are a part of it is a valid incentive and he has worked diligently to get these funds and they must be taken into account. The fact is that we now have well over $159000,000 between the sums that we got in the State of Florida which are committed and firm in hand and what we have from Washington. The total project c.st is $21,000,000. I would like to put into the record once again that including the Rouse Company $1,000,000, Tacoma Venture $150,000, $20,000 from the Knight Foundation, $11,700 for the Park Brochure Contribution, $10,000 from the Cowles' Foundation, $5,000 from Burdines, we now have a total of $11196,700 in addition to which, this coming June the Knight Foundation will be considering a request of $650,000 that has been made and that is now under serious consideration. If you add that you're just under $2,000,000. If Mr. Gould were ever to fulfill his commitment, then you would add an additional million dollars. So that is the most that I have ever heard that the private sector is raising and I think there is no question that J. L., you're totally correct, that we haven't done anywhere near as well as we should have. Mr. Plummer: Mr. Mayor, if I may, just Hill, I was here in 1979 when you colleagues came before this Commission the $10,000,000 figure, I think you're But let me tell you what a and that is what I'm going absolutely no commitment o this park. That I recall a s burnt into to hold to - f ad valorem nd I recall i for the moment, Ms. and some of you, - and I don't remember absolutely correct. the back of my mind that there would be taxpayers dollars to t well. N,-%, let me Id 149 May 91 1985 just come to a point. In 1979 to 1985 is 6 years. Can I speak to the young lady, please, from the DDA - Kitty. Kitty, you are in charge of this, I assume, from the DDA because you are always the spokesman. I will ask you again i as I have asked you almost on an annual basis. As of today, May 99 1985, six years = how much hard cash is in the bank? Ms. Kitty Roedel: $1,196,000. Mr. Plummer: And where did that $1,196,000 come from? Ms. Roedel: Various sources. Mr. Plummer: No, name them, please. Just give me one. Ms. Roedel: Burdines, Rouse Company, the Cowles Foundation. Mr. Plummer: No, I said in the bank. Mr. Carollo: Not commitments, money deposited in a bank account. Ms. Roedel: Burdines, the Cowles Foundation .... Mr. Plummer: Mr. Gould made a commitment of near:y a million dollars that was considered in the bank - it is n;t there. My question again - How much actual hard cash is in the bank after 6 years of effort? Ms. Roedel: The brochure that was funded for the park ... i Mr. Plummer: According to that, here is $11000. Ms. Roedel: that is money in the bank and spent. F Mr. Plummer: Granted. + Ms. Roedel: The $10,000 from the Cowles Foundation is money in the bank. Mr. Plummer: Granted, that's $21,700. Ms. Roedel: $5,000 from Burdines' Contribution, that is money in the bank. Mr. Plummer: That's $26,700. Ms. Roedel: And the Rouse is ... Mr. Plummer: No, in the bank. Ms. Roedel: That's the money in the bank. Mr. Plummer: So what you're saying to me, that after six years of effort, excluding the federal grants there is $26,700 has been raised and deposited in the bank towards a $22,000,000 project. Is that an incorrect statement? Ms. Roedel: No, sir. Mr. Plummer: Thank you. Mr. Carollo: Thank you, J. L., I really don't have anything to add, you took care of the area I wanted to cover. Miss Hill, certainly, ma'am. Ms. Hill: I must say that there have been understandable delays and why this has been gning on for six years there have been the delays of the Corps of Engineers in part of ■ 1d 150 May 9, 1985 the project, the DRI, the UDAG Grant. Now, in the meantime, however, we have helped produce a handsome expensive brochure to help the City with its Park project and many of us have made personal contributions to it. Before we can attract, and 1 think with due respect, Commissioner Plummer, I think we had a discussion on this before that before we can attract important private donations, the Committee must have the full faith and backing of the City of Miami behind its philanthropic efforts. If the City Commission finally approves today to remove the Library Building and start construction of the Park in accordance with the plans that have been approved, we will make every effort to raise private funds. If Bayside brings in $10,000#000 a year, and there is no doubt in my mind that it will, the spill over into the Park and downtown will be tremendous. We have to give to our people a place to gather and enjoy without fear, a place to be proud of. Removal of the Library, Commissioner Carollo, is an essential part of the design because it opens up Flagler and downtown to the Pepper Fountain and the Bay. I think that this is, our Committee met last week, we have discussed going into a campaign to raise funds, I think once the project starts it is so much easier. We have had all these interruptions, truly, and I know that you know how this makes it tough to do. Just loot at the Center for the Fine Arts - it's there. Look at what the private sector is doing. Mr. Carollo: Mrs. Hill, can I ask you a brief question? If you are successful today, and I truly wish you were, and let me clarify that. I wish you would be successful, however, I wish that the City of Miami can be given $7,000,000 raised by the private sector for the Library Building so we could build another administrative building somewhere else. But if you were to be successful today or at a later time, would you help in lobbying my colleagues to at least change the direction of traffic on Flagler Street so then, at least when motorists are in their vehicles, they can actually see the Bay going down, now have the Bay and the Park to their backs as they're going up Flagler Street. I think that would make a lot more sense, don't you? Ms. Hill: Well, I would work with you if that makes more sense. I think that we should beautify our City. But it is not only beauty, it is bringing all our people. This has to become a peoples' park and it will with all the elements. Mr. Carollo: You do agree then, that it makes more sense tc have Flagler Street going down, the traffic going down s: they could see the fountain. Ms. Hill: I'm not an engineer, but I will work with you. Mr. Carollo: Good, thank you. I thank you. Mr. Tom Mascaro: My name is Tom Mascaro, I'm President of the Miami Art League. We're located at 8212 N.E. 2nd Avenue in Miami. I feel like a voice in the wilderness because we are proposing that the Library Building be converted to a visual arts center and City administration offices. It is a perfect setting for a visual arts center, easily accessible by Metrorail and car and without question a visual arts center would enhance the Rouse project because that's what it's all about. Artists using the visual arts center could also be a part of the entire project. We do not advocate any major changes in the Bayfront plan except to place the proposed fountain and promenade to the north of the Library building, as Vice -Mayor Carollo has already suggested. Everyone that we have talked to agrees that a visual arts center is needed to become a focal point for the arts groups of Miami. The Miami Art League, the Water color Society of Id 151 May 91 1985 Miami, the Federation cf the Cuban Art Teachers, the Cumba Art Association, all have expressed a deep interest in the concept of a coalition of art groups and a visual arts center. All these groups have through the years contributed to the cultural growth and fabric of this City. The Miami Art League with its own 55 year history in Miami requests that the Mayor, the Vice -Mayer and all the Commissioners to agree that i the best interest of the entire community the Library Building be used as a visual arts center as part of the Bayfront Park Plan. I would also like to add that Senator Pepper and his wife Mildred were patrons of the arts, we have clippings showing them supporting the Miami Art League. We have done many things that we have produced through the years, many great artists and who knows, perhaps they'll paint your portrait toc, Mayor. Mayor Ferre: Thank you very much, Mr. Mascaro, let me say that J. L. Plummer and I have been around a little bit longer, J. L. in particular, are well aware of the wonderful contribution of the Miami Art League over the years. We are always grateful and you're entitled to your opinion and I think we all respect you for it. Mr. Ken Kahn whL just walked in wrote a letter in reference to your letter, and I would like to read it into the record and he can elaborate if he wishes. It says: Relating to the five groups interest in using the old Library Building in Bayfront Park, I can say pointedly that none of the individual groups ncr any combination of them have the financial capability cf raising funds for requisite renovations and operation. In my opinion the Miami Art League, the Water color Society, the Cumba Artist Association of Florida, the Ceramic League of Miami, the Federation of Cuban Teachers of Fine Art, all perform valuable community cultural services but their I operations are appropriately placed within various neighborhood settings, not in Bayfront Park remote from their constituents and clients. Therefore, on two counts I believe their interest in using the old Library is ill— considered and totally inappropriate. This is the Ccuncil of Arts and Science, Kenneth R. Kahn, Executive Directs, Metropolitan Dade County. Mr. Mascaro: Well, I would disagree with that somewhat because the Miami Art League does have a Building Fund that has accumulated over the years which could be used to do some of the work. The needs of our groups isn't that great that would demand partitions, that sort of thing. Mayor Ferre: All right, sir, thank you very much. Next speaker. Mr. Edward Levinson: My name is Edward Levinson, I live at 13435 S.W. 102 Lane. I'm an architect, I am a professor of architecture at Miami Dade Community College, I'm an adjunct professor of architecture at Florida International University. I first came here with a few thoughts in my mind to plead for the development of the Park design as designed by Noguchi and for the demolition or removal, whichever, of the Library because the Library stands in the way of the East/West Flagler access, certainly the North/South access, all circulation, all design as envisioned by Noguchi over the last four years and by the Downtown Development authority. But instead of just pleading for all that I've gotten a little bit annoyed. Some of the Commissioners seem to have forgotten a few things. Commissioner Carollo, we are going to have hopefully a Downtown People mover which will provide access for the Park, especially when connected to the Metrorail System. We are not asking to tear down City Hall, which by the looks of the place could use a tearing down, but only for the Library which has already been replaced and the new ld 152 May 91 1985 Library should be operational within a few months. I don't know where Commissioner Plummer or any of the other CoMmitSioners get off thinking that the City_ of Miami has to be handed this Park on a platter free of charge to the people of the City of Miami because it is going to become your gateway to the world. Now, I live in Dade County, I don't live in the City. I have been to the Library one time. It is not safe to go to the Library, the Library is what we would call, for want of a better term, a piece of bastard architecture that has marble on one side and a pure derelicts haven on the other three sides, visually and physically. You are going to get a world Class gateway tc the world, as I said, and the City of Miami is going t: benefit from the Omni through the Rouse down to M:a!n Center. Why it should be free and clear, I don't know. As it is, Miami's tax dollars, if any, will be minimal. But I don't see where anybody thinks it has to be handed to y;i; free. If you can tell me why, I would really be interested in knowing. Mr. Carollo: Let me say this to you, sir. Well, I'll let the senior member of the Commission speak first and I'll speak after. Mr. Plummer: The senior member of the Commission will to happy to reply to you, sir. Obviously you're a newcomer t, town and you don't know what is going on because had y:;; been here you would have heard the same thing that I hear:. We didn't ask for it to be hand delivered free, it was proffered to us at the time this Commission did not have $209000,000 or $229000,000 to put into a park and we said we cannot afford it. Pure and simple, we were told don't worry about the dollars. The dollars will not cost the ad va::rem i taxpayers of this City a dime. Sir, we didn't ask for it t: be hand delivered, it was proffered. Mr. Levinson: Could I respond? j Mayor Ferre: Well, we're not going to get into a debate s: 1 you go ahead and finish your statement and then let someb dy else. Mr. Levinson: Commissioner Plummer, I have been here 16 L: years. In 1981 I wrote an article which was published ty Progressive Architecture. They sought to use a full page in .- I� their internationally published magazine just on the glimmer is and idea of that Park. If you can imagine the publicity j that the City will achieve over the years as the Park develops. And at that time I wrote, "Based on Commission hearings that the park would cost in the neighborhood of rr: $10, 000, 000, the City of Miami hoped to pay only $2, 000, OCC and was looking for County and Federal and State money, much of which has already been acquired and was going to keep the City of Miami's money down to a minimum". Mayor Ferre: All right, thank Y g , you, sir. All right, :.. Commissioner Carollo. Mr. Carollo: Mr. Mayor, I'm glad that my colleague r:- clarified one portion of the statement that the gentleman made. Sir, you don't live in the City Limits of N,iarri . Therefore, you don't realize the needs of the average Miamian, the average Miamian that lives in Liberty City and Overtown Little Havana and other r parts of this City. I know you laugh because you would never live in any of those ' y y odon't areas that's why you live in south Dade because you want to necessarily have ... 7 Mr. Levinson: I was in Liberty City within days of the ►-i.-t reperting on it to my students. Dcn't tell me I'm ignorant. Id 153 May 9, 1985 M of anything that goes cn here, I know as much about the City... Mr. Carollo: Well, that's great to report on it, but it is ancther thing to live in the City of Miami and that's why, I'm sure, you live in South Dade because you don't want to live with some of us that live in the City of Miami. But I'll tell you what I strongly resent, and you are entitled to your opinions and I respect the opinions and the difference that we might have on the Library Building. What I strongly resent is the statement that you have made that it is bastard architecture. The statement that Mr. Roy Kenzie that it is a fascist architect, I think that's an insult to the members of the Commission that were sitting here thirty plus years ago when they approved the construction of that building. I think those ladies and gentlemen that were sitting here had the best interest cf Miami at heart, maybe you disagree with them, maybe others did. Mr. Levinson: Interest and taste are two different things, but Okay. Mr. Carollo: But I don't think that that is what they had in mind for tnis community. Now, the other area that I'd like to mention to you, as an architect, which ycu stated that you are, I think you weld have to agree that when people come and plan, this is why we have an ordinance that you can't cut down Oak trees just like that in the City of Miami and this is why we have an ordinance on histcric buildings. When you go into a development and when you make a design you try to work around as much as you can what is there. You don't blow up a mountain or dry up a river just to accomplish what you want. Sure, the easiest thing tc have done with that Park is just tear the Library down and get the $7,000,000 that that building is worth and throw it into the Bay. That is the easiest thing to do, nct necessarily the best thing to do with it. Thank you, sir. Mayor Ferre: Thank you, sir. Next speaker. Mr. Martin Margoles: My name is Martin Margoles, a resident of Miami. I'm trying to crystalize a lot of these statements and I think we have to keep in mind that the monetary issue is one issue separate and apart from the real issue. And the real issue is are you going to tamper and morally and perhaps legally breach an agreement that was made by a designer artist which you paid him to go ahead? You cannot do this, it is not that simple. You cannot take one part of his plan and say we're going to accept this and then take another part of his plan and say we're going to leave the Library. The monetary issue, if you don't have the money, then don't begin the Park. Period. But do not, An nnt_ Apfilp the artistes plan. If you do that. you have morally breached an agreement. creative spirit of a human bein important and incomprehensible tc several art groups have expressed this building for free rent - supporting a fellow artist's plan. Noguchi painted over their paintii ceramic jars that they make? As fu how funny this whole issue is. issues. One is a monetary issue - I believe through my experience w: I'm not going to build the Park I than if you were to try and Chang have to keep it in that light. statement, remove the Library Buil( the integrity of the olan. If You Id 154 You have defiled the ;. What is even more me, is the fact that a willingness to go into shortsightedness in not How would it be if Mr. gs and painted over the lny as it sounds, that is There are two separate jou have to address that. th him that if you said ie would be more content his plan. I think you So, please make your ing, keep the plan, keep have faith in this great May 9, 1985 .. - .. - g Y:t•:r _... G...:`u.;. �` �,"•4,..a ... liq ar. y`,'Y.. .ma's.' � .�f' .7'w City, you will cone up with the money to build the park. Thank you very much. Mayor Ferre: All right, next speaker. Mr. Dodd Mr. Stanley Dodd: My name is Stanley Dodd. My family moved to Miami in 1925- We have been continuously in business either on Brickell Avenue or downtown. We're very interested in the progress of the City and I think this can all be summarized in one statement. We really should have a quest for excellence in Miami. We've had it for a long time. We have such names as I. M. Pei and you have such names as Noguchi, we ought not to tamper with their plans. Let's move ahead and do it correctly. Mayor Ferre: All right, yes, ma'am. Ms. Marion Richie: My name is Marion Richie and I'm a resident in Miami and a taxpayer for the last 15 years. And to add to all the other good reasons why the Library — Building should be torn down, I'm sure that the massive funds it would take - by the way, I'm a property manager by profession, I have been for 30 years - and the funds it would take to give this place a face lift, whether it were just cleaning, renovating and the maintenance, those funds could be spent far far better than maintaining an old somewhat unattractive building that does all the things that all the people before me have said: It blocks the view, it is not in any shape or form any historical value, it may have had in the past some very good uses as a Library and I'm sure it does, but I think it has had its day and financially it is just not worth it now. Mr. Carollo: Mr. Mayor, can I ask of the chair to request ' of the speakers to give their home address so that we could identify which of those live inside the City of Miami and i which of those do not. Mayor Ferre: Ma'am, did you give your address when you stood up? Would you do that for the record. i i Ms. Richie: I live at 3412 Franklin Avenue, Miami. Mayor Ferre: All right, thank you, ma'm. Next speaker. Ms. Edwina Varner: My name is Edwina Varner, I live at 13;1 N.W. 3rd Street. I go back in Miami to when we used to live at 2210 Biscayne Drive. That is before the streets were ► renumbered. Yes, I'm older than the majority of them speaking. We hated to see the Library go in down there where it went. However, it is there, the building is there. r I think it is a beautiful building. There a lot of things {. it could be used for other than a Library so why can't it be moved to some place that it would be accessible? There are x. a lot of clubs that are looking for a place to meet. You've . got the art groups that would like to have a place. Why ` couldn't it be moved to someplace where it would be useful and then you would open up your park. I can remember when =` that park was just water because that park, you know, was all filled in. So if it was moved somewhere where it could ..: be used then it would be paying off the taxpayers that paid k for it. Thank you. Mayor Ferre: Let me explain to you, just for the record, so that we understand the history of all of this. About ? or 8 big years ago, and I don't know the exact date, there was a F brouhaha about this whole thing so we had a public hearin g. At that public hearing there were as many people as there &A, are here today and the Commission, and I think Rase Gordan F- was on the Commission, that's how far back it goes, and I .' I 155 May 9, 1985 0 y remember that she wasn't there in 1979• So it has got to be before 1979• Now, at that public hearing the Commission voted to tear down the Library. Three or four years went by and the issue arose again. This time we had a public hearing down at Bayfront Park at the Auditorium and there was a big to do about that whole thing and hours of presentations just like here and it came to a vote and the vote was to remove it. But when that vote was cast, there was a caviat to it. The Commission said all right, we will spend up to $2,0009000 to move the Library, and we appointed a committee and the Committee was chaired by architect Ron Frazier and because the idea was it could be used in Overtown and Frazier said it could be saved and so. The estimate was that it would cost $2,000,000 to cut it in pieces, roll it out, remove it, you know, these things can be done, it is a marvel how they move these days. Ms. Varner: Yes, like the one that collapsed on the causeway. i Mayor Ferre: Well, that was an unsuccessful attempt. but the idea was to move this steel structure, which is what it is, it is a steel structure, and then reassemble it. And the City agreed to spend $2,000,000 to do it. We put a year, at the end of the year a report from Mr. Frazier and the Committee was it is impossible, nobody wants it and that was, as I recall, there was a time limit to it. Now, let me explain that I would like to keep the building somewhere too, it is in the wrong location. But we have been through all this process. Part of the problem, we're nct addressing it now but I'll be addressing it when it is my turn to speak r on this issue, and that is that I think Marty Margoles is right, there is a contractual obligation, I think, after the ! public hearing and after the vote on the public hearing, both the artist and many people made assumptions that were 4. based on his this Commission or previous Commission voted. to reverse that position I think is something that I'm sure will be challenged legally ... Ms. Varner: I don't mean to leave it where it is, it should never have been put there in the first place. But what is going to happen to the building, the auditorium up there in the north part? Mayor Ferre: It is going to be torn down. F' - °' Ms. Varner: Perhaps the Library could go there, then y;1 wouldn't have to move it through all of Overtown. Just a suggestion. Mayor Ferre: I'm for that, maybe the Rouse Company wouldn't mind doing that. =. Ms. Varner: Well, that might be one use for it. Thank you. : A Mr. Dawkins: Mr. Mayor, I have to correct the records. Mayor Ferre: Yes Y , sir, please do, sir. Mr. Dawkins: This was supposed to have been moved to Overtown and at that time everybody knew that you couldn't cut it down and drag it under the expressway. Therefore, it never was seriously considered to put it in Overtown. Ms. Varner: That's why I couldn't move my house from downtown Miami over where I wanted it. Mayor Ferre: It could have been moved to Pace Park, it could have been moved to Watson Island, all those things := were considered. 2d 156 May 9, 1985 4 41 Mr. Dawkins: I'm all for putting it on Watson Island. Mayor Ferre: All those things were considered and there were no takers. Mr. Dawkins: I'll duke a motion now that we move it to Watson Island. Mayor Ferre: I'll second your motion. I will absolutely second it if you're serious. I think that would be a great move to move it to Watson Island. So go ahead and make your motion and I'll second it. Yes, sir, Mr. Fine. Mr. Dawkins: If we get it on Watson Island we'll have some people down here raising Sam because we put it on Watson Island so let's just dissolve it and be done with it. Mayor Ferre: Go ahead, Mr. Fine. Mr. Dawkins: He's yielding to you, Miss. Ms. Laura Cerwinski: I live at 10561 S.W. 71st Avenue. I'm a professional architecture and design writer. I was born in Miami, I spent all my high school years doing research and studying at that Library. I'm an ardent conservationist, I have a great deal of nostalgia for that building. But frankly, to jeopardize the plan of one of the world's most esteemed artists to save a mediocre building really appalls me. I'd like to convey to you the feelings of the design community of this country at large who are my colleagues. They are the professionals that I work with. They applaud with the greatest wonder and admiration that Miami has undertaken a project like the Bayfront Park Project. And frankly, they are equally appalled at the very consideration of jeopardizing that plan for the sake of this building could even happen. I cannot urge you strongly enough to demolish that building and to get on with this park. Thank you. Mayor Ferre: All right, next speaker. Mr. Ron Fine: Ron Fine, 50 Biscayne Boulevard. Mr. Mayor and Commissioners, I'd like to share with you another view of this issue and that view is the suffering of the people of Miami for the last four years and the integrity of the City. We're all involved with and recognize the problems . that this City has gone through and its affect upon the :i. citizens of Miami. This issue is one of those that can help -: us stop this suffering and can improve the integrity of the _* City. This City is composed of too many unemployed people, fi too many underemployed people, too many businesses losing money and in bankruptcy and too many property owners 3;.. struggling to pay their taxes to support the City. These are the real issues in addition to some concrete, steel, glass and roofing and where it should remain or not remain or what its value is or isn't. Speaking on behalf of one piece of property, the Columbus Hotel property, whose taxes 4. this year increased 25% while the losses in the businesses f on that block almost doubled from the riot p year, the real " issue to us is to stop the suffering and to bring back the integrity of the City. In the last four years, the employment in that one block alone decreased 50%. That means over 300 families are not employed, are underemployed or are dependent upon the government for all or part of their substance. Now, many of our problems were beyond our control - the problems of drugs, the problems of immigration the problems within our community - but these problems are within our control. We've worked to come back. 9° "k': We've worked to develop something that will fill hotels that ld 157 May 9, 1985 are half empty with half employment. We have worked to create programs that will bring businesses back out of bankruptcy, that will let small business people, unskilled people, all people have an opportunity in this City. We can no longer afford to have issues like this affect this City. the value of the concrete is unimportant6 The personalities involved are secondary. What is important is a commitment of integrity of this City. There is no guarantee that this project will be built. The more we fool with it, the mare we delay it the more we show a lack of integrity. It is self-destruction. We've got to stop the self-destruction. We've got to stop the suffering that we have a part of. One plan, the other plan is secondary. The point is the issue is there is a plan, there is an opportunity, an opportunity to create a project that will put people back to work, that will put merchants back to profit, that will help people pay taxes that are needed to support all the needs of this City. So I implore you, I implore you to get off of this issue, to get on with this project and to decide today in integrity for the people that are unemployed in this City, for the people that are losing money in this City, for the people that are suffering in their City, to make these projects move forward today not tomorrow, not next month, but today. And that is what our job is together, to be together, tc work together, to set aside the personalities and the issues. We have an opportunity here we cannot afford to lose it regardless of what our individual opinions are. And so I would like to leave you with that opportunity cf sharing together the need to put people back to work, to keep people in business, to improve the level and quality of life in this City and to bring back the integrity where the world, where the banks, where the insurance companies, where people from outside of this community can depend upon positions we take and depend upon them and acknowledge us for the integrity that I know that we all have, for the goal that we all have to create a better Miami, to put people back to work, to improve our tax bases and to have pride for ourselves and for our children and for our children's children. Thank you, sir. Mr. Carollo: Mr. Fine, can I ask you to go back to the crike for a second, just briefly. Commissioner Dawkins, I think you could clarify this best since you are the one that wrote the Rouse company a letter asking them to state their position on whether they would build a project of Rouse in Bayside or not if the Library Building were to stay. Can you tell us what the answer was that you received? Mr. Dawkins: Thanks, Commissioner Carollo. I would like to also say to my union brothers who have come up here and paraded up here with the idea that somehow if the Library was not removed all union members would not work because the project would be stopped - that is a gross misstatement and I don't want us to beat the Rouse Company a hole. The Rouse Company is a scapegoat in this because the statement was made up here that if the Library was not destroyed we would lose the Corps of Engineers Grant, we would also lose the UDAG Grant. I personally went to Washington where the Corps of Engineers Grant was signed. I also am aware that we will not lose the UDAG Grant, Mr. Carollo. So, therefore, the library does not jeopardize or cause us to lose the Rouse Project. So those individuals who continually come up here and paint that picture, you're doing us all an injustice. Now, I'll grant you that the Library may not enhance the Rouse Project as we, of those of us in the -Commission may want it, so, therefore, it may have to come down. But let's not use scare tactics up here in order to get it torn. Let's use logic, sound reasoning and arrive at a decision that all of us know that it is a decision that we got from our hearts and not from some scare tactics. Id 158 May 91 1985 I 4 i Mr. Carollo: Mr. Mayor, if I may... Mayor Ferre: We have a public hearing, there are people who wish to express their opinion. We're getting into Commis- sion cornments and debate. Mr. Carollo: Well, we're giving people the opportunity to do that, Mr. Mayor. We're just having a democracy at work as we're doing. Mayor Ferre: Right, now let's let the other people who wish to speak. Go ahead and make your statement. Mr. Carollo: Mr. Fine, can you explain to me, since the Commissioner clarified Rouse's position, that they will build Bayside regardless of whether the Library Building would stay or not, how we're going to lose all these jobs and not employ all these people? Mr. Fine: The integrity of the City and the consistency of it is important to the investors, to the lenders and to the management of these companies. Now, I tell you in my own judgment that if there is no consistency, if there is no integrity, if people can't rely on positions taken by this community then we're not going to have the growth, we're not f going to have the confidence, we're not going to have the jobs. You must understand that there are people in this community that are losing money that are holding on, that can't live from day to day not knowing that there is going i to be progress on projects they've worked years to make come to fruition and to support this Commission and to support 3 this City to make these things happen. You and we together cannot take that risk, it is too great a responsibility to do that. Once the decisions have been made, the consistency a is extremely urgent and important to maintain within the City and that is my personal judgment. Mr. Carollo: Let me say this to you, Ron, that I agree that people should have the integrity to keep their word and I abide by it, that is why when this Commission got involved ,. in this we believed those that told us that not a penny would come from the taxpayers of Miami for this project. We took those people to their words because the City of Miami cannot afford that, particularly when every other City park :- that we have with the exception possibly of Kennedy Park, is in the worst shape that I have seen any other park in this =hX County. They are in shambles. You cannot even have en,ugh staff so that kids can come and play and use pools, even swings in some of these parks. Let me say this to you ... r Mr. Fine: I'd like to acknowledge that. Mayor Ferre: No, Ron, we're not going to get into a debate here because there are other people who have a right to express their opinion and if we want to get into a debate we `. can do it after everybody has had a fair ... Mr. Fine: It's not a debate, Mayor, I want to acknowledge that position and say that I concur with that position. The answer to that position is to create these kinds of pro- jects, convention centers, parks, those things that will draw people that will create jobs. That's what the answer is to solve the problems of the neighborhoods. Mr. Carollo: I agree wholeheartedly, but what I don't agree with, that if the Library stays is this all not going to be a reality? And this is what I don't believe, but let me say this for the record. The main reason that Rouse agreed that ` 50% of their tenants would be minority tenants was mainly RT 159 May 99 1985 0 0 because Commissioner Dawkins and thyself, together with the rest of the Commission led the charge to make that a priori- ty request from them, that they would have to abide by that and then Commissioner Dawkins and myself went further, pushing them because it is very easy to say fine, 50% of the tenants can be minorities. But if those tenants that are minority don't have the moneys to establish their business, then what good is it? So we went further, pushing them so that those in the private enterprise together with Rouse and government could find the low loans that minority individuals would need to go into business. The reason that Miami's black community has the problems that it has is that less than 1% of all businesses in the black community are owned by blacks. That is the difference between Miami and other major cities. And I say this to a lot of the main, business people that are here, it is fine to talk about how liberal you are and it is fine to talk about how much the blacks of Miami need help. It is another thing to stick your hand in your pocket and go and help them. See, it is all right when people can put a business in the black community or in parts adjacent to it, as long as those people are of a certain part of the community. It is another thing when you have a black being the owner of that business and not working for the business. And this is where we as a community have failed. Yes, we talk about creating some jobs but we never talk and we never create the reality of making blacks owners of their own businesses in their areas. Mayor Ferre: All right, we need to move along now so thank you, Mr. Fine. Are there any other public speakers that wish to address the Commission? No, he has already talked and we're not going to go around twice. Mr. Ader, later on we may call on you again. Is there anybody else that wishes to speak? Mr. Ader, I'll recognize you later on. All right, Mr. Weaver, go right ahead. Mr. Carollo: David, we would not have had a complete public hearing if you would not have expressed your very much needed opinion, and I say that sincerely. Mr. James Dausch: Thank you. My name is James Dausch, I arr. a vice-president of Rouse Miami, Inc. Our address is 33- Biscayne Boulevard, across the street from Bayfront Park, the headquarters of our company and my personal residence, however, is in Columbia, Maryland. Thank you for giving me the opportunity to state our views on this controversy. From our point of view, the controversy has two aspects to it. First, what is bet for the City of Miami both socially, j financially and aesthetically and second, what will be the t effect of the proposal so far as we can understand it on Bayside? On the first issue, we think the merits lie clear- ly on the side of removing the Library and doing Bayfront 1 Park as Mr. Noguchi has designed it. As such, it would be probably one of the best public places in the world. I cannot think of another place that would be as dramatic as Bayfront Park would be and before you take a step that would detract from creating that kind of a step, we think that both the gains to be had and the costs to be incurred by doing that ought to be very very carefully considered and at the moment, to the extent that we understand both sides, our view is that the Library ought to go and that very very beautiful park ought to be created as Mr. Noguchi has de- signed it. In terms of costs involved i leaving the Library there, some come to mind immediately. Obviously you feel that you may be able to save some rent and that is a very very laudible object to incur but you are going to run some maintenance costs on an older building. You will have some conversion costs which ought to be very carefully studied before a decision like this is made and beyond that, if it 0 4 take time and that will inevitably cost you more to do the rest of the park because time is money in the development and construction business. I don't know whether the UDAG Grant cr the Corps of Engineers funding will be gained or lost if this is done, I don't think anybody really knows and one of the entities that are most concerned haven't been heard from yet. I don't think it is clear that they won't be lost either. I think one of the things that will happen is that the surrounding values that are inevitably created by the development of a large spectacular amenity such as this may be impacted. There is a lot of property running north along Biscayne Boulevard which is a clear candidate for economic development for the City of Miami and there is no question in our minds as developers around the country that the creation of an amenity like Bayfront Park would add substantially to that value. I also associate myself with the representative of the Worth Company in terms of the issue of reliability in terms of people who are thanking about coming into Miami to do business. You need to be careful about creating any impression that the commitments can't be relied on. We have been saying, going around the country, that the City of Miami is the best partner we've - ever dealt with in the public sector and I hope that we'll be able to continue to say that. That is important for ycu to consider as a cost of whether or not you do the park as it was designed or as modified. Ultimately, however, you as the Commission are elected to make that balancing cf judgments and you have to figure out the best way that yoj can in good conscience in the best interest of the City of Miami and be prepared to be held responsible for that. if you were my client, I would advise you not to tamper with the Noguchi Plan. I think that you potentially lose m,re than you would gain. As far as the impact on Bayside, if we were talking about this issue two or three years age it would be clear that whether or not the Library stays or goes would not, as such, and viewed in the abstract have an affect on whether Bayside is going to be built or not. The ! fact is that Bayside would be successful whether some ' appropriate office uses were down in that side of the pars j or not, but that is not all of it and obviously we don't know what is going to be proposed into that Library or now } it will be reconverted. The more important issue in terms of the impact on Bayside is what I mentioned earlier. If Y the Library is not torn down it means the park is going tc have to be redesigned. Now, when somebody comes to me and says we're going to redesign the park I immediately think - well, that means time. Now, does that mean that we're going to be able to keep the UDAG Grant, the Corps funding, I don't know, but I really want an answer to that question if _ the proposal is adopted, and we were asked whether or not we could approve it. And (3), the schedule. We would not want to open Bayside with heavy construction going on in the Park that would be a result of having to redesign the Park because it is very difficult to draw people to an area, even as attractive as the Miamarina area is, if there is heavy construction going on next door it is just not very g g , Y attractive and that would be a very real detriment to <- Bayside. Whether or not this proposal would have that affect, I don't know, but I would be prepared to discuss that and I really would need to have that question answered before we would be prepared to take a position yae or nae on whether or not it would have an adverse affect on Bayside. I am not prepared to say right now, but I am willing to sit and listen if the city Commission in its wisdom decides that that is what it wants to do. I would urge, however, in your own best interest, not to do it. Mayor Ferre: All right, next speaker? RT 161 may 99 1985 Mr. Carollo: Mr. Manager, for the record, can you state what your research found in studying the contracts and requirements of the Army Corps of Engineers for their grant that we already signed with them and the UDAG Grants? Mayor Ferre: Commissioner, I you hold that question until w people that want to speak. something and leave, let's let we've got long to go, I think more speakers and then that'll answered. Okay? would respectfully ask that e get through with all these Some of them want to say them all, and I don't think maybe we've got one or two be the first question tc be Mr. Carollo: Great, Mr. Mayor, I just think that needs to be clarified. Mayor Ferre: Are there any other speakers? Raise y::ur hands. Any other speakers. I see three and then you want a second round and then, hopefully, we'll close off the public hearing. Okay, Mr. Weaver. Mr. David Weaver: Mr. Mayor, Commissioners, my name is David Weaver. I have an office at 800 Brickell Avenue, Miami. Mr. Vice -Mayor, thank you very much for your very much for your very kind comments, I appreciate them. I guess I have heard, in the last two hours, many very very eloquent reasons as to why this Library should be torn down and why the City Commission should go ahead with its original intent. I don't intend to add t that list, but my primary concern is one that has not been raised and that is an issue of pure economics. One of the things that in my roll as the City's negotiator with the Rouse Company on this project along with the city Manager and other members of the City's staff and the City Attorney's staff was that we tried diligently over a period of a year to negotiate the best possible financial return for the City. I'd like to remind you, and I have asked the City Manager to pass out to the members of the Commission and to other members of the staff a document which was part of our presentation back in May, 1984 which details what the net impact of the Bayside Project is to the City of Miami. Now, this is a project that, as it gets into operation, will be receiving amounts from a minimum in the first year of $163,000 to when the project is in operation it will be receiving in the millions of dollars from this project. Now, what I would like to raise as an issue, is in listening very carefully to Mr. Dausch's comments, I'm concerned about the financial impact on this City of (1) a delay in starting construction and getting this project done for the many reasons that Mr. Dausch mentioned and the financial impact of that. If this project is delayed for a year or six months there are dollars associated with that and those dollars, I think, should be compared with any savings which, in fact, can be generated by keeping the Library. I thin that is not an emotional analysis, that is just a dollars and cents, numbers against numbers, apples against apples analysis. The second issue is one that is a little less easy to evaluate. Mr. Dausch said that it doesn't really make a significant difference to the Bayside Project if there is a Library there or if there is not a Library there so long as the use is a use which is an acceptable use. I beg to differ with Mr. Dausch. I think, and this is my personal opinion, I think that a project with a Library is nowhere nearly as attractive a project to the citizens of this City, to the dwellers of downtown and to the visitors from outside this City as a project which has the Ncguchi Park and attractiveness I think translates into dollars. I think that we are running a risk of making this project less attractive than it can be and City can afford to take a risk less than the very best it can and if it fails, then we have this decade for the blacks in minorities in this community, the impact of that. thank you I don't think that we as a to make this project anything possibly be because if we do, lost the major opportunity of our community and for other and 1 implore you to consider very much. Mr. Arnold Peters: My name is Arnold Peters, 1 live at 5895 S.W. 4th Street. I'm a native Miamian, I was born and raised here 24 years. Certain with all the building, the new building, the existing buildings that are going up in downtown and all over Miami, Mr. Carollo, certainly there is enough office space for an administrative group to move into - the Government Center downtown, certainly there is plenty of room for that. We hear a lot about Miami becoming a world class city and it seems as though you're doing things that contradict that. Mr. Noguchi's project is a work of art. As a work of art, it does not include the library. By expecting this artist to change his design, you wouldn't expect Picasso or any of the great artists to change a painting. Why would you expect this man, this artist to change his work of art? The Park is a work of art, a work of art for the citizens of Miami, a work of art for the world. When are you, as Commissioners, going to start listening to the will of the people and doing what is right by the City and for the people and not to serve your own special interests? This being the first time that I've even spoken in front of you all, I'm a little bit nervous. I don't understand, we don't need an office in a park. There is no need for that. I have seen the plans for the Park and it is beautiful. Leaving the Library there is certainly a bastardization of a work of art of a great artist. Tear it down, do what is right for the people and the City. I'm sure that those lower income families would much rather go out and be able to spend some time in a beautiful park that has an amphitheater, that is going to provide them some form of entertainment than to worry about the logistics of a little bit of money being spent or saved by keeping a building there that is really not going to save a lot of money. I believe I have heard that it is going to cost just as much money to leave it there and renovate it and the moving costs into the building are going to be quite substantial. You know, do what is right, do something for the city to make it a world class City - tear it d,,w*, please. Mr. Joe Flemming: My name is Joe Flemming. My office is 620 Ingram Building, Miami. I think that usually libraries are associated with opening vistas and opportunities - this one destroys them. I think it should be removed. It is fitting that you see it in your rear view mirror as you head away from it and I certainly would like to work with you to make Flagler Street a two way street, one that you can drive down and see the vistas. I became involved in working on the committee to raise money and assist because I was at one of th public hearings when you voted to tear it down and it has bothered me that at the last hearing when this was set for public hearing it was said that no one had given any money from the private sector. I think that considerable amounts of money have been raised, especially when you view the way in which this project has been under attack. The speaker earlier who said there weren't any fine arts areas in the downtown area I think mixed up on a point because the Center for the Fine Arts is certainly within the City of Miami. I had the opportunity to serve on the board of trustees and raise money and there was no real substantial amount of money raised for the Center for the Fine Arts until the Center was built. The fact that you have belittled first by saying there was no money raised and then RT 163 May 91 1985 A 4 by saying there is only $26,700 raised is really unfair I think because first of all we've been raising this money under conditions when it was questionable as to whether there would be a park. We took the words of the City representatives and the contract that we saw that suggested you were committed to the Noguchi plan and we have designed this in a way that I think misses the point when you just look at the $26,000. First of all, a lot of our people have been attorneys and designers and they have worked on a lot of the grants that you have. We had people that went from the Committee to meet with the Corps of Engineers that worked on the State projects. I myself worked on some of the grant programs and I think that the efforts of the private sector and the public sector can be taken into consideration. So it is closer to the $2,000,000 that we say we've raised and we probably should be given the credit for some of the public sector moneys because the government agencies that have looked at this have looked at volunteers have obtained and I really think it is unfair for this to be criticized in this fashion, but even if you feel that way, that you feel you've been let down, we were never given any indication that there were any such commitments and from looking through the past records, I know, Commissioner Plummer, you've said that there were commitments but you were the only one that said them and there weren't people on the other side committing to them and if you proceed now with this, we are committed to trying to raise money. We have shown by our actions that we'll follow through. The last point I want to make was that the hearing I was at that you voted to tear down the Library was a hearing that also involved the Cristo Project and I represented Cristo and it seems to me that you have your artists mixed up. Cristo really enjoyed these kinds of public displays where people think through the project. Noguchi had a contract and I've analyzed the contract, he really does have a binding contract. The work of art is his, it can't be modified, you could easier move Flagler Street to line it up with the Pepper Fountain than you can to change around that design. And the reality here is if you have to start your Jesigns all over again you may lose your funding. Even if you're upset that what in your mind wasn't the funding that you obtained, the public sector and the private sector can work together. I think that the reality is, since you're from Chicago, it was Mayor Dailey who said, "I look forward to the future with nostalgia", I think we should look forward to the future here with a nostalgia of what it once was like when you could look at that park and see the Bay and I think we should work together and I would genuinely like to work with you and make this a two way street as you have suggested. Thank you. Mayor Ferre: Are there any other speakers that have not spoken that wish to express an opinion tonight. M►'. Wellington Rolle. Mr. Wellington Rolle: Mr. Mayor and members of the Commission, my name is Wellington Rolle. I live in the city of Miami and I want to reiterate my original position that I am in opposition to tearing down the Library in Bayfront Park. I take great exception to those individuals who have expressed their opinion, and they have a right to express their- opinion about how they feel that the park should look, that the Library Building is blocking the view from Flagler Street, that is a judgment call. I've lived in this City for a lifetime and I'm a little bit amazed that there are t'~ people who can come before these microphones and talk about a gentleman named Noguchi, talk about Senator Pepper and r_ Mrs. Pepper and put all of those things ahead of what is the ` in the best interest of the citizens of the City of Miami. s I have not the least bit of concern for Mr. Noguchi and his 'f ability as an artist. I must respect the than as an individual as any other person, but to come before these microphones and to continue to say that there is something special about Mr. Noguchi and his ability to effect this type of facility for Bayfront Park 1 think is gilding the lily. Part of the problem that 1 think that we have here in the City of Miami is that we are not concerned about thos good things that should benefit all of the people in the City of Miami and not in some way benefit Ted Gould's Project sitting on the south side of Chopin Plaza, we had a band shell in the park, that was supposed to have been replaced when they finished using that area for staging for the construction and what have you, but I find it a it much not to be able to realize that the amount of money that could be saved by the effective utilization of that particular structure, it is about 30 years old, it is paid for, it sits on just a bit over half an acre and I think that when we think in terms of all of the City offices that are spread around the City I'm not going to accept the figures and the numbers that John Gilchrist offered in his office about what it would cost to buy up the contracts and what have you, I think that all of us understand that there are cancellation clauses in a lot of the contracts and there are options that how these contracts can be canceled by either party and I think that it stretches the imagination that information was not included in the Information that was made public the last time as to how the City of Miarr.i might be able to end that kind of contractual relationship. Now, one of the other things that I'm concerned about is the cost involved in all of the other occasions that we've talked about the acquisition of green space that was supposed to have run from Chapin Plaza all the way to the north side of Bicentennial Park, that was also supposed to be a part of the park but today the thought has changed and apparently the house is divided on what we should do with the park. I think the citizens of the City of Miami, and I think if we took a poll around this room I don't think that anybody, a lot of people in this room have not been in the park three times in the last three years and I would challenge the people in this room who have been in the park three times in the last three years just for the benefit of going through the park, I don't think you'll find a representative number of people who have done that. And in closing, Mr. Mayor, I have spent about three years in London, a couple six or seven months in Belgium and you know, the parks are passive, we go in, we see a lot of planting, we see a lot of sculptured gardens in the parks and it just seems to me like that would be the way to go here than to insist on building a structure in the park and to continue talking about the loss of funds or people who want to make contributions and raise funds quite unnecessarily. We have a public park, we have open space here, it is Bayfront Park, it is a little smaller than Homestead Bayfront Park which is about4 miles in length, but I certainly would like to see the Library stay in the Park and not be able to move offices around like Mr. Pedrosa did when he moved his down at DuPont Plaza and spent an awful lot of money in increasing the law office ... Well, thank you, Mr. Mayor. Mayor Ferre: Thank you, sir. Are you a new speaker? You have not spoken before? All right, sir. Mr. John Moynahan: Mr. Mayor, my name is John Moynahan. I have been a resident of Miami since 1946 and I remember when this Library was built and it was an eyesore then and I never forgave the architect that designed it and he was a friend of mine. That building has ruined the view from Flagler Street ever since it was built and I have always been downtown Miami and I love Miami and I think it has g:t to come down. Now is the chance to get it down. RT 165 May 9, 1985 94 4 Mayor Perre: Thank you, Mr. Moynahan. Are there any other members of the public that wish to make a statement that have not? We're going to cut off debate in a moment, I mean the public portion of it. All right, Mr. Ader, your second time around. Mr. William Ader: Gentlemen, the only reason I wanted a second time around was that something came up after I spoke that I was not aware of and I'm sorry for my ignorance but I did not know that you were trying to raise money from the private sector. Mayor Ferre: Well, you don't read the Miami Herald, is that it? Mr. Ader: What I would like to say now is that I would be very happy to write out a check for $250, I would be very happy to be a member of the Committee to raise money towards the Park and I would say that given 30 to 60 days, I think I can raise at least $5,000. You just tell me who to write out the check to and I will be happy to write it out immediately. j Mayor Ferre: Let me tell you, I know that $250 means a lot and I know a lot of people can sneer at that and say that's not very much but I think under the circumstances, and 1 - know that you've had difficult times and I commend you for that generosity and for the offer to raise $5,000 and we accept. Mr. Ader: Just tell me who to make the check out to and let me know when you form a Committee because I'll be glad to volunteer. - ' i Mayor Ferre: Kitty. Mr. Carollo: Maybe we could pass the collection plate and -` start up tonight. Mayor Ferre: Thank you, Mr. Ader. All right, anybody else? F Mr. Carollo: Anybody else who would like to contribute any moneys? Going once, going twice. �t ,.- Mayor Ferre: I assume everybody has had their say and if nobody else wishes to add anything else I think it is time z' to cut off the public hearing. }s" Mr. Plummer: I so move. 3 y 7 Mr. Carollo: Second. _`... ' The preceding motion introduced by Commissioner Plummer k;.;. and seconded by Commissioner Carollo was passed and adopted ;< by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: None. {' Mayor Ferre: Now I will not make any speeches if the rest - of the Commission doesn't make any speeches and we'll just vote. a RT 166 May 91 1985 L Mr. Carollo: I believe the Mayor, since he spent the whole morning and afternoon making speeches I guess he is kind of tired already today. Mayor Ferre: Well, I've got a long speech 1 want to make but I'll refrain from making it if you all are ready to vote because I don't think that anything I can say or you can say is going to change anybody's opinion one way or the other. So, I'll express my opinion when I vote. Mr. Carollo: I'd be in favor of that, Mr. Mayor, I'd just like the Manager to clarify as he said he could his research on the contracts we have and the grants we have. Mr. Pereira: As I stated to you in a memorandum at the last Commission Meeting in public hearing, we said that we ha-4 researched the issue with the Corps of Engineers and that in fact, the Corps of Engineers had made it clear to us that their grant was not in jeopardy. Commissioner Dawkins and I, in fact, have flown to Washington since and signed the agreement. On the UDAG issue, the position ... Mr. Dawkins: The Mayor has just reneged on his promise. Mayor Ferre: No, sir, I'm not going to renege, absolutely not. I will not make any speeches. I will, however, clarify the record. f Mr. Pereira: On the UDAG Grant, as I stated to you at that time, it is our understanding that if ground is not broken by May 31st and because of the posture of the Office of Management and Budget to de -obligate funds we do, in fact, run a risk of losing the UDAG Grant. Mr. Carollo: If we don't finish by what date? Mr. Gilchrist: It's October of 1986. Mr. Carollo: Now is there anything that can prevent you from starting construction by the end of this month, whether the Library Building stays or not outside maybe of an earthquake or a major hurricane or a World War? Mr. Gilchrist. The only thing that could possibly stop us would be any action on the part of the architects or the designer of the Park that would impede us, otherwise we are out to bid at this time for a landscape contract, Commissioner. Mr. Carollo: Fine. Mr. Mayor, if I can read to the record a resolution. It is Resolution No. R-481-85 where it - states - it is a resolution of the Dade County Commission. ' ?„ Whereas it is always necessary to conserve public funds and assets and this need is ever more present because of Federal r; and local budget cuts, and whereas the Miami Dade Public Library located in Bayfront Park in Miami is a valuable public asset which can provide important services to the downtown business community and thereby attract an important = segment of the public to Bayfront park, now, therefore, be it resolved by the Board of County Commissioners of Dade County, Florida, that this Board urges the City Commission of the City of Miami not to destroy the Miami Dade Public Library and further urges the City Commission to attempt to find an alternate use for this valuable public asset. The '.:.; foregoing resolution was offered by Commissioner Barry Schreiber who moved its adoption. The motion was seconded by Mayor Stephen Clark and upon being put to vote the vote was unanimous. RT 167 May 9, 1985 Mayor Ferre: I was, and I said I would not make any speeches and it is not my intention to do so, however, I think since the record by the question of my colleague and the answer of the Manager, I think it now requires a legal and I'm sorry to do this but I have to put it on the record. Mr. Kenzie, would you come up to the microphone? Madam city Attorney, the City of Miami has a contractual obligation and an agreement signed with the designer of the Park, Isamu Noguchi. That contract was negotiated by Mr. Joseph Grassie and by Mr. Roy Kenzie. I will be asking Mr. Kenzie in a moment to put into the record his understanding, I understand that Mr. Grassie and George Knox will do the same if required, as to propriety and the ownership of the design. My question, and I will begin by asking you so that Mr. Dausche will no longer have any hesitations on where we stand, is that I would like to ask the City Attorney that if testimony is placed on the record and can be proven that it was the clear intention in the contract with the designer that the Park was to be built as designed, since we have already expended $6009000 and are committed for another $300,000, certainly nobody can question that that has been legally placed, and since there was a public hearing and at such public hearing a vote was passed 3 to 2 and at that time the vote was Commissioner Perez, Carollo and myself voting for the demolition of the Library, given all th' se facts, if Mr. Kenzie were to testify that it was the clear understanding with Mr. Noguchi in that contract that the park was tc be designed as submitted, I ask you the following legal question: If Mr. Noguchi were to institute legal proceedings to stop the City from utilizing any portion of his design should the library remain, in your opinion, would that contract, would we win or lose that case in court? Mrs. Dougherty: Mr. Mayor, the contract is sufficiently ambiguous about what rights the City has to design on that design or to ... Mr. Dawkins: Say that again, I didn't hear. Mrs. Dougherty: The contract is sufficiently ambiguous as to whether or not once the City has paid $290,000 for the plans whether or not we could construct it and leave the Library. So the answer to your question, Mr. Mayor, is if Mr. Kenzie as the negotiator for the City were to testify that it was absolutely their intent under the language, which was ambiguous to me, then the City would stand a good chance of losing that lawsuit. Mayor Ferre: Now, Mr. Kenzie, my question now, and I will not interrupt you and you let me finish my line ... Mr. Dawkins: By that time the City Attorney will have lost her chain of thought. Mayor Ferre: Fine, well then you write down your thoughts and you write down yours. Now, Mr. Kenzie, the next question I have for you, sir, since you were involved in those negotiations, is what was your understanding - on the record now - when you concluded those negotiations, you and Mr. Grassie? Mr. Roy Kenzie: I think there were several concerns expressed by Mr. Noguchi when we were discussing Mr. Grassie negotiated for the City on this and I took part in in assisting in the negotiations that, and it states so in the contract that all designs, models and other data as developed by the artist as instruments of service for the purpose of the agreement shall remain the property of the artist. And it was his intent, that's the first statement HT 168 May 9. 19RC; in the Ownership of Design within the contract between Mr. Noguchi and the City. Mr. Noguchi was concerned that he would do all this work and that someone would come along and take pieces of it and do it and that his name would be associated with it and it wouldn't be something that he had completed and it is stated in the contract in the third paragraph, second page, that provided, however, that when the drawings will be used for construction purposes the City will be restricted to use the drawings only for the implementation of the Noguchi Master Plan for Sayfront Park. I think that is fairly clear and it was our intention and his intention that he be protected from a situation that the city would want to proceed with the design but alter the design or change it and he wanted to ensure that his design would built as he planned it and that also to insure that he was the owner of the plans and designs as they were developed. Mayor Ferre: All right, now, Madam City Attorney, you have heard the statement that Mr. Kenzie has made into the record, let me add to it by saying that I was a participant in those discussions at different times as Mayor of the City of Miami and Mr. Grassie will testify in the same way. it was the clear understanding of those discussions with Mr. i Noguchi that the plan would be executed with integrity exactly the way it was submitted and designed after it had been approved and finalized. I say to you that that plan has been approved, it has been under final design and working drawings, public hearings have been held, there is no question that we are both morally and legally bound after those processes and I ask you if after the statement I have just made and Kenzie has made, and we can get Joe Grassie to make the statement, what your chances are in court of defending a lawsuit against a lawyer representing Mr. Noguchi who would enjoin the City of Miami from proceeding with anything else? Mrs. Dougherty: Mr. Mayor, I would have to say they are not very good. Mayor Ferre: All right. Now, my final question to you, and then I'll relinquish the microphone to somebody else who can pursue it. I would like to say to you, Mr. Gilchrist, if ?" you would get on the microphone, Mr. Gilchrist, as the person most knowledgeable and closest to all of these details, did Mr. Noguchi, if this Commission decides to leave the Library in place and Mr. Noguchi were then to say, "I will not permit any further usage of my drawings since this is a substantial change" and he puts in a lawsuit and the City Attorney says that we may but we don't have a very good chance of winning that lawsuit, if we were to be enjoined by the judge, I ask you whether or not you feel that with regards particularly to the UDAG Grant or generally the $9,000,000 that Claude Pepper has been (r struggling vehemently for so that the City of Miami could have this beautiful park and this beautiful fountain and this beautiful walkway to it, if that were to occur, now do you think there would be jeopardy? Mr. Gilchrist: I believe the UDAG Grant would certainly be in jeopardy. If you would bear with me, I would like t. read one ... .,< Mayor Ferre: No, you do that on your own later on. I'm asking the questions. Mr. Gilchrist: I have a statement from UDAG. Mayor Ferre: All right, read it. Keep it to the question I've asked you. HT 169 May 9, 1985 Mr. Gilchrist: Okay. "Because the administration has cut UDAG from the 1986 budget, the Office of Management and Budget has instituted procedures to close out the UDAG Program. These procedures significantly restrict the changes that can be made in the UDAG Grant Agreement between the recipient city and HUD. As a result of recent restrictions, the construction start/complete dates and use of UDAG funds stated in the grant agreement cannot be changed." We have to be in construction by May 31st and, therefore, we could not do it. Mayor Ferre: Now, if there is - again my question to you, sir, is - if there is an injunction by a judge not to continue on any portion of the park, do you think the UDAG Grant is in jeopardy, yes or no? Mr. Gilchrist: Yes. Mayor Ferre: Now, Mr. Dausch, do you, sir? INAUDIBLE, NOT SPEAKING INTO MICROPHONE Mayor Ferre: I'm not asking you a legal opinion. My question is with all the testimony that has been presented here, are you telling me that the Rouse Company doesn't have any feelings and does not care as to whether or not that UDAG is ... That is my question to you. INAUDIBLE, NOT SPEAKING INTO MICROPHONE Ms. Hirai: Mr. Mayor, would you like to have that statement on the public record? Mayor Ferre: No, basically what he says is that he stands on what he said before, he doesn't want to get any deeper into it and I accept that. I was not intending to get all this legal stuff into the record, but I think it was absolutely essential to do it because the issue here is not the Library Building, the issue is the park and I relinquish to you ... Mr. Carollo: Commissioner Dawkins, let me begin, if I may. Mr. Noguchi, from the information that I am reading here, is to be paid a total of $300,000 for his design. Well, from what I'm reading here he is being paid $250,000 and he'll be paid another $50,000. Well, I don't know if he has anything else coming or not, I don't know if this $645,000 plus and another $164,000 plus here and an additional amount, if he is acquiring part of that or not through an individual contract he might have with them. We don't know that. So it is very hard to say if that is all he is going to acquire or not. None of us could and I think you understand what I'm saying, Mr. Mayor. At the same time, if I recollect, Madam City Attorney, the first opinion that you gave us some weeks ago clearly stated to you that you felt that the language of the contract was such that you felt that that language stated that the design was ours. I realize you privately later on told me that it could have been written in much stronger words but you felt there was enough in the contract to have the City on the winning side in a lawsuit that the design was ours. Is that basically correct? Mrs. Dougherty: I the Noguchi design privately told you design is owned by you and the Mayor, because they owned build what we have don't believe I ever gave an opinion on contract before in the public meeting, I that the contract actually says that the Noguchi but that to me, and I told both it doesn't say specifically that just the design doesn't mean that we can't to what we want to. For example, what RT 170 May 911 4.� would Noguchi do, for example, if we were to build the park using his design and then at the end of five years we didn't have the money to take the building down? So what I'm saying to you is that it is not sufficiently clear and it is sufficiently ambiguous that if he parole evidence were to come into a court of law it would be damaging to the City's position. Mr. Carollo: Well, the bottom line, and I'm not going to go back into what was said or not at this meeting is does an individual that works for the City of Miami have the right, without making it clear to the Commission, therefore, the people of Miami, that, and does he have the right to go into a personal agrievement with anyone, especially someone that you're paying at least $300,000 for into agreeing that that design will belong to that individual? I submit to you that if that is the case, which I personally doubt, that that is negligence and I would be willing to make the motion to first of all go hire the best investigators the City could hire to subpoena and interview under oath by professional investigators, Mr. Kenzie, Mr. Grassie and whomever else they can find and start seeing the difference of opinions that they might give under oath and under question. Now, it is very easy now for Mr. Kenzie to say, "Oh, this is what I meant." That is irresponsible. Irresponsible from day one, if that is the case which I doubt very much so and I for one, I might stand alone then, if it comes to that print, I'd be willing to make the motion to defend the right of the average Miamian and spend the funds that we have to t:: protect our legal rights. This has been very one sided, the average Miamian that pays just about the highest taxes that any municipality does in this County, their main concern is with their neighborhood parks that are in the worst shape of any parks in this County. their main concern is with the high fees they are paying for their property taxes of garbage collection - I could go on and on and on. Frankly, I expected this place to have at least 300 people with a campaign that was launched by a small group, I don't believe a group representative of all Miamians to keep this design. But what bothers me is the sense of fair play in this. You know the American way is you have your opinion and I have mine, we debate in an above -the -board fashion and that is the way if is usually done. But I see that the sense of fair play in this whole process has been lost. From the start it has been one scare tactic after another. It doesn't matter what tactics you have to use because the end justifies the means and I think that all of that in itself has been very negative and damaging to this community as a whole. It is one thing to win an issue when you debate it by rules and by fair play. It is another thing where you hit them below the belt and I submit to you that this is a hit below the belt. Mayor Ferre: Well, I promised not to make any speeches so I'm ready to take any motions that anybody wants to make. Mr. Carollo: Mr. Mayor, I will make a motion that no final decision on what to do with the Library Building would be made until all the moneys that are needed to build this project are in the bank. And I'm not talking about promises or IOU's or the raising of another $27,000 in another 4 years, I'm talking until all the moneys that are needed to build this project are in the bank because from what I'm seeing right now is that we're going to have to go get several million dollars from the little neighborhood parks or the Police Department or the fire Department or the Sanitation Department to finish this park and then, if by some strange coincidence you have a mass of average Miamians come to this park, and I wouldn't be surprised if many of those that have been champion to have this design would be RT 171 May 9, 1985 the first that wouldn't want to use the park then because they won't want to mingle with the majority that lives in the City of Miami. Mayor Ferre: All right, we have a motion on the floor. Mr. Plummer: Let me understand the !notion. Understanding the motion is that no decision will be made on this building, the Library Building until such time as the full completed amount of money take to complete the Park, is that correct? Mr. Carollo: That's correct, it's in the bank. Mr. Plummer: I second the motion. Mr. Mayor, do you went me to save my words for when I vote? Mayor Ferre: No, do whatever you want. Mr. Plummer: If anything, Mr. Mayor, I have been consistent, as you are well aware, it has been my opposition for the entire time, and Tina, much to her sorrow knows that. I think to tear that building down is absolutely just out of question. I am not totally 100% opposed but Marty • Margoles made a statement there was a breach - that breach was with the private sector money which has not been raised and as far as I'm concerned, if that money is raised I want '. to tell you I1111 feel a lot differently but at this point I'm not impressed by $27,600. Mayor Ferre: All right, we have a motion and a second. Are we ready to vote on it? I would say that this is a sad day for the City, this will, in my opinion, kill the Park, the design. It will also greatly jeopardize the Rouse Company's ' Project. It will definitely affect the UDAG Grant and I don't think there is any question about that and we'll see it happen very quickly in the next couple of months. I i think we're talking about a major major negative step in the r' r" history of the City of Miami. Mr. Plummer: Mr. Mayor, on the record, could I ask the Manager a question? It is not a statement. Mr. Manager, assuming, just assume hypothetically that the two grants will be forthcoming, the million dollars will be coming from the Rouse Company, that is their obligation. Two parts to this question (1) I would assume that the administration of this City would continue to make improvements to that Park and to the tune of at least $15,000,000 which is the moneys that are there now, I would hope that you would. Okay? � P Y Y 16 Second of all, I think it is your obligation to come back to 3 this Commission, and this for one would be a receptive ear, ' if you find for any reason that any of those grants are in jeopardy. I think it behooves you or Mr. Gilchrist or Ham'` whoever to come back and inform this Commission immediately and at such time I would be more than willing to open up a discussion if any of that is in jeopardy but at this particular time I have a constant reminder every day the*,. those moneys are not there as I drive by that building. I hope it will serve as a reminder to others that they have a contract with this City and at such time as that contract is fulfilled I will do mine. 3 Mayor Ferre: I, in the interest of trying to save something out of this pass the gavel to the Vice -Mayor and asked to be recognized for a substitute motion. Mr. Carollo: Go ahead, Mr. Mayor. Mayor Ferre: My substitute motion is that this City proceed with the demolition of the Library building as cited a HT 172 May 91 1985 previously at a public hearing and keeping faith with those who made decisions based on that public statement of this City in its majority. I move that the City Commission again go on record reiterating that absolutely no ad valorem tax moneys will go into the development of this park and that all funds must be raised from either the federal government, the State of Florida or private funds and that no ad valorem taxes at any time will be used in any portion of this park design which in my opinion, Mr. Plummer, accomplishes the very same thing you want to accomplish but in a positive manner. Mr. Corolla: There is a motion, is there a second, Demetrio? Do you want to second it? Mr. Perez: First, I would like to clarify a question of the City Manager. Mr. Manager, would it be possible to have a full explanation and all the answers about what Commissioner Corolla in the motion that he introduced and supported by Commissioner Plummer, do you think it would be possible to have an answer for the next Zoning Commission Meeting, in other words before the 31st of this month? Mr. Pereira: In answer as to the impact that this will have on the grants? Mr. Perez: About all the details that Commissioner Carollo wants to investigate about what is the main ... Mr. Pereira: Oh, you're talking about the representation while the negotiations of the contract, is that what you're addressing? Mr. Perez: What is included in the first motion. Mr. Carollo: Let me say this, Commissioner. There has only been a motion that has been made, there is not a second so technically we're out of order by discussing this. Let me pass the gavel on to Commissioner Plummer and I'll second it for the sake of discussion so technically we can be discuss- ing this matter. Plummer, you've got the chair. Mr. Plummer: I've got the gavel. Commissioner Perez, - you're recognized. Mr. Perez: Okay, Mr. Manager, do you think that it would be possible to have an answer before the 31st? Mr. Pereira: I think that if all the parties that - it depends on how thorough, if it were a matter of just getting = the parties that were mentioned before and interviewing them and, I don't know, I have to ask the City Attorney, the .: matter of depositions and we have to start any kind of proceedings, I think you have time, just the matter of the - availability of the individuals. - Mr. Carollo: Let me say this for the record, Mr. Manager, so that the Commission could understand better. Basically, Commissioner, what has happened is that since we proved beyond the shadow of a doubt that we could legally keep the first of the two main requirements of the UDAG grant alive y ' by beginning construction May 31st and whether the Library building stayed or not then is when the hit below the belt came and Mr. Kenzie states that he will testify in favor of Mr. Noguchi, whatever Noguchi wants, that Mr. Noguchi is going to sue us and place an injunction on the City of Miami to that we cannot proceed which frankly he would do that. I In think it would be a heck of an irresponsible act an the part f of Mr. Nogucchi and I just cannot imagine any artist doing y- HT 173 May 9, 1985 4 something of that nature but, nevertheless, 1 know what is going to happen, we're having a shotgun placed to our heads and I guess it brings to mind Mao's words that power comes at the end of a gun barrel, unfortunately in this case, this being true. But what 1 at, saying, Commissioner, is that if these are the kind of games that are going to be played then we have to protect the taxpayers of Miami and 1 will be willing to make the motion to hire the best investigators we can to file lawsuits against Mr. Kenzie and whomever else we have to, take depositions from them and start investigating and start getting all the conflicting statements between one and the other and I'll be willing to offer to pay the first $5,000 for any investigators we have to hire. Mayor Ferre: Mr Chairman, from a technical point of view, just so that we keep this thing proper, it is illegal under both Mason's and Roberts' Rules of Procedure for the maker of a motion to second a substitute motion. So, if we're going to be voting on this it has to be, just for the record 900 Mr. Carollo: Mr. Mayor, I withdraw it. Technically the- we've all been out of order in discussing this unless Cor- missioner Perez wants to second it now. Mayor Ferre: I just, you know, just to keep it straight. Mr. Carollo: I'll take the chair back. Does anyone want to second the Mayor's motion? I've asked once, I've asked twice. Mr. Perez: First, Mr. Mayor, let me make clear I am com- pletely in favor of demolition, I don't have any doubt, I voted about 18 months ago in that direction and I think that that is part of the future of the downtown area and I don't have any doubt, I am completely in favor of that project. What I would like is to clarify all the details. As one vote, member, I would like to know what Commissioner Carollo has pointed out today about the contribution of the private sector. For me, it would be enough to know for the next Commission Meeting to the 23rd what kind of commitment, what kind of formal project would a City Manager's recom- mendation, what can obtain for that meeting and give me the opportunity to decide. In other words, Mr. Mayor, if y:u accept, I would like to .... Mayor Ferre: I withdraw my motion and in its place make a motion to table which does not require a second and does not have any debate. That automatically, let me tell you what that does legally. A motion to table which does not require a second, and does not permit debate automatically puts it off to the next legal Commission Meeting. A motion to table means that it automatically comes up as a matter of course on May 23rd. Mr. Perez: Requesting the City Manager's recommendation Mr. Plummer: Mr. Mayor, you now have the Chair back. Mr. Dawkins: You said it didn't need a second. Mr. Plummer: Table your motion or your own motion? Mayor Ferre: I withdrew my motion and made a motion to table and the motion to table does not require a second and there is no debate. Mr. Plummer: motion. You mean you made a motion to table Carollo's Q RT 174 May 991985 Mayor Ferre: Of course. Mr. Plummer: Okay, so then you have the Chair back. Mayor Ferre: No, because I made the motion to table so there, obviously, you are now Chairing it since it is his motion I am tabling. UNIDENTIFIED SPEAKER: I have a question of the Chair. Mayor Ferre: The Chair is you, Plummer. He is the maker of the motion. Mr. Plummer: Okay, fine, Mr. Mayor, I'm the Chair. Now, Madam City Attorney, tell me the position we're in. Hell, I don't pay you those high prices for nothing, you've got to take some of the heat. Mayor Ferre: No, you're not the Chairman because you se.-- onded the motion so you can't be chairing it. Mr. Plummer: Succatash! Mr. Carollo: It's your big chance, Demetrio, you've gc.t the Chair. Mr. Plummer: Where are we? Mr. Carollo: Madam Attorney, since ... Mr. Dawkins: Okay, as Commissioner Plummer said, Madam City Attorney, give us a legal as to where we are and how we all can go home. Mrs. Dougherty: The item will come back up on the next agenda. Mr. Plummer: That's Carollo's motion. Mr. Carollo: No. Mrs. Dougherty: No, it's tabled. Mr. Carollo: Madam Attorney, have you researched the rules of order that we work by to make sure that under the rules ' of order that we work by ... Mrs. Dougherty: Be happy to do that right now. ' 3 Mr. Wellington Rolle: The Mayor is wrong, you can't ... " s Mr. Dawkins: He says you're wrong under Mason's Rules of y Order we cannot table the motion, that is Mr. Wellington Rolle. Mr. Carollo: Well, that's why I'm asking the City Attorney. I'll abide by her opinion after I read it in the book when she finds it. I wonder what Reverend Moon has to say about all of this. Mayor Ferre: Look, I don't care how it is done, the inten- tion is very simple - is to put off the vote tonight and put it off to the 23rd. s ' Mr. Plummer: Excuse me, that is the vote on his motion. It doesn't preclude other motions. Of course, it doesn't preclude you tabling them too. nM � g Mayor Ferre: That's correct. There is a motion on the rx floor. I legally have the right to make a motion to table. RT 175 May 9, 1985 Mr. Dawkins: Now, Commissioner Carollo asked a point of information and he asked the City Attorney what is the status, can you correctly table the motion? Mayor Ferre: A motion to table it puts it off to the next meeting. Mr. Carollo: Well, we'll soon find out of Maurice got a hit or it was a curve. Mrs. Dougherty: Mr. Mayor, the purpose of the motion to lay on the table is to enable the body to set aside a pending question. There has to be a vote on the motion. There is no debate, there has to be a vote. Mayor Ferre: I move to table. Mr. Plummer: Call the roll. Mayor Ferre: Wait a minute, Mr. Chairman - who is the Chairman around here? Mr. Plummer: 1 am. Mayor Ferre: Now, Mr. Chairman, through you to the Att,r- ney, as I understand, Madam City Attorney, a motion to table, the moment it gets voted upon, all it simply means is that the issue before the body is tabled until the next meeting automatically. Mr. Plummer: There is a difference between the issue and the motion. Mayor Ferre: I stand corrected. The motion that is before us automatically gets delayed for one meeting. That is the motion to table, that is what table means. y Mr. Plummer: No, she is saying you've got to vote on the motion to table. Mayor Ferre: And then what happens, if the motion to table y 1 passes, then what? Mrs. Dougherty: Then it is tabled. Mr. Carollo: Maurice, you can't run this like a campaign. Come on, now. i Mayor Ferre: Now, in other words, if the motion to table passes it is automatically tabled to the next meeting? Mrs. Dougherty: Yes, sir. Mr. Plummer: Or a date certain. Y Mayor Ferre: Or a date certain? Mrs. Dougherty: Whatever time you want to. r Mayor Ferre: if it fails, then the main motion is before use Mrs. Dougherty: That is correct. Mayor Ferre: And, if it fails, just so I can get my thoughts straight, if two people make motions to defer then _ff we can defer to the next meeting? Mrs. Dougherty: You can do that. HT 176 May_9, 198 0 I r,s Mr. Plummer: if that motion to defer passes. Mr. Carollo: Gentlemen, you know, I wish we would play by the rules and quit trying to re -invent the book and grasping for straws. Mr. Plummer: All right, let me ask one other question, Mr. Gilchrist. Assuming that the motion passes tonight to demolish the building, what will you do tomorrow to comply with the grant to start before the 31st of May? Mr. Gilchrist: We have advertised and have out bids for the landscape portion of the Bayfront Park and we intend to ccm e back on the 23rd with the bid report and be able to hopefjl- ly select the bidder and move forward. Mr. Plummer: So, for the record, you can still do that with the building in place. Mr. Gilchrist: Yes, sir. Mr. Plummer: Thank you. All I'm doing is trying to make sure we don't put the thing in jeopardy. Mr. Carollo: Can you repeat the motion so it can be cleared? Ms. Hirai: It is a motion to table this issue to the next meeting. Mr. Plummer: No, not the issue - the motion. Mayor Ferre: Let's get that corrected. Would you tell me what your little book says there. When there is a motion to table you're tabling the whole issue, aren't you? Mrs. Dougherty: It is, it is a pending question, that is the language. I would say the entire issue. Mayor Ferre: The issue, that's what I thought. In other words if the motion to table passes the whale thing is on ice until the 23rd. Is that correct? Mrs. Dougherty: Yes, sir, Mr. Mayor. Mr. Dawkins: Mr. Mayor, let me make a statement here be- cause we're going to be here all night looks like and I want to say mine so that if I leave I'm on the record. Mr. Ron Fine, thank you, sir, because I think you voiced what I feel is a gut level feeling of many City of Miami residents. Our number one priority, sir, is high unemployment and the second one is crime. And if we put people to work, no doubt, we will reduce the crime. I too feel that if the Bayside Project is completed that we have something on which 1 the property owners on the west side of Biscayne Boulevard 1 can develop their property, thereby producing jobs, more money and income for the residents. But, the Rouse Company ? put a million dollars into the Bayside Park. Mr. Carollo: They promised. Mr. Dawkins: Well, they're good. Mr. Carollo: I hope so, so is Gould. Mr. Dawkins: But my problem is, as Joe said, there's Clemente Park, it can't be used. There's Gibson Park in shambles. There's Hadley Park, alm.,st unusable. There is Moore Park where we put a million dollars there but we still I er; can't use it. But yet, everyone is concerned about every- thing but the issues that wakes this community tick. Now, I'm going to say this and be finished. I am in favor of the Rouse project. I don't intend to do anything that would jeopardize it. I'm also in favor of what Joe and Plummer said, that if the public sector produces money then I'm in favor of the library coming down. Okay? This gentleman here is the only gentleman who got up and put his money where his mouth was. This gentleman said I will raise money, all you let me know is who. He got his checkbook out and said I'll write $250 and not another soul in here went for his pocketbook or his checkbook or whatsoever. So really and truly now, are we sincere? If you're sincere then we're going to wait until the next meeting and the public, the private sector, if they're sincere, will come in and say look, we have not been in good faith, you have not been in good faith, now here. Here is the start of what we're supposed to do, collectively as our elected officials you're going to work with us, the private sector and togeth- er we're going to get this done. But don't come in here with a lot of promises and a lot of hot air and expect that me as a Commissioner is going to only be concerned about Bayside Park when I don't live there, I don't visit it and the parks I do live around and visit are in shambles. S", if you're sincere and got a gut level feeling as Mr. Fine, then let's be about the business of saving Miami and let's forget about our personal selfish images and what have you and let's save Miami. Mr. Carollo: Miller, before you go, I think we could clari- fy this real quickly and we could go ahead and vote. Mr. Gilchrist, could you come up to the mike, please. I am sure that a very intelligent competent public servant like you are can come up with something, some way that we could begin some form of construction that would meet the intent of the UDAG Grant and at the same time would not leave Mr. Noguchi any openings on going into court and getting an injunction to stop us. He might be able to later on, but that will give us enough time to mount our own offensive, legal offen- sive, with investigators, depositions and more. And that's all I'd like to do now because if we could accomplish that then I think we could proceed. I don't know, maybe you could dig a well or something in there or even build some dikes on top of the Library Building so that you could really get a good look at the Bay. Mr. Plummer: Put on the November ballot of July, if that is to be the case, a referendum, because it looks like it is $109000,000 short, and see if the people of this community want to issue $10,000,000 worth of bonds to complete it. Mr. Carollo: I'd be in favor of that also. Mr. Plummer: Let's see what happens. Mr. Carollo: I know what is going to happen, but I would be in favor of that, J. L. Mr. Plummer: Call the question on the table. Mr. Carollo: No, I'm asking a question. The question is if building docks on the Library so you can get a better view of the Bay would accomplish that, let's start doing it right now. If digging a well, anything that would meet the intent of the UDAG Grant of starting construction and at the same time won't give Noguchi any kind of a hold to go to court. Mr. Gilchrist: Commissioner, there are two parts to that question. We are prepared, the UDAG Grant requires that the Bayside site be in construction and that the Bayfront Park RT 178 May 9, 1985 } Project be in construction by May 31st. You have already approved the demolition of the Bayfront Auditorium and the removal of the asbestos and that sheets that. f Mr. Carollo: So we've met that intent. Mr. Gilchrist: You've made that commitment. I must say that you didn't pass Item 32 today, you withdrew it which is the funding for that and we might have some difficulty. Mr. Carollo: Well, we'll get to that. Mr. Plummer: No, sir, we did not withdraw it, we put it off until this time. Mr. Gilchrist: Okay, I just wanted to remind you. The second thing that I've said to you, we have advertised for a contract to remove trees, prepare the landscape for the Noguchi plan and we intend to come back to the Commission on the 23rd of this month. I can't speak legally, I think I need the help of our City Attorney to say whether either of those items would stop Mr. Noguchi from any kind of action if he so -intended to do that. Mr. Carollo: Well, frankly, at this point in time, I don't care if Mr. Noguchi gets in a plane and comes charging at Bayfront park. What I do care, is our legal standing in court, that is what I'm getting at. Mr. Gilchrist: I have a hard time to answer that, Commis- sioner, I think it is a matter of timing and the City Attor- ney ought to answer that. Mr. Carollo: Madam City Attorney, we need your help in this and maybe you can think of some of the things that you would feel that we can do, and the City Attorney can help you in deciding whether we have a legal standing in order to go ahead with them. Mr. Gilchrist? Mr. Gilchrist: Okay, I think the City Attorney wanted to speak first, but what our contract is is to remove trees and place them in a nursery at the south end of the park. Mr. Carollo: Now can that interfere, Madam City Attorney, with ... Mayor Ferre: Excuse me, Commissioner, a motion to table, I've been patient, and I know because I don't want to get into a big of but let's get this over with one way or the other. There is a motion to table, now vote against it or vote for it but let's get on. Then you can do your main thing. Mr. Carollo: Mr. Mayor, then if this motion is not passed and if I can, we'll go back to this. Mayor Ferre: Absolutely. I just want to get this thing on and get it beyond today. Mr. Plummer: Call the question on the table. The preceding motion to table introduced by Mayor Ferre failed to pass by the following vote - AYES: Mayor Maurice A. Ferre NOES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Commissioner Demetrio J. Perez, Jr. Vice -Mayor Joe Carollo Mayor Ferre: I now have the Chair back and I recognize you. Mr. Carollo: Thank you, Mr. Mayor. Madam Attorney, can you give us your legal opinion based on the first part? Maybe Mr. Gilchrist can finish giving you the whole picture of what they are planning on doing right now before May 31st. Mr. Plummer: Excuse me, Mr. Gilchrist. Commissioner, there has been no broach in the contract with Noguchi. If a motion had been made that the building stays absolute, then there could be considered a broach but there is no broach at this point. All we have said is that it is not to be demcl- fished at this time if the money was not there. Mr. Carollo: Technically I agree with you, J. L., but want to be able to hold onto all the legal angles that we can because I know what is coming. From what I have seen here today, that people are willing to use any possible trick and falsehood to achieve their means, that tells me to expect anything. Mrs. Dougherty: If I understand what you want to accom- plish, Mr. Vice -Mayor, you want to accomplish that the Library will not be demolished until the funds are there, is that correct? Mr. Carollo: The motion is that the Library building will not be demolished... Mrs. Dougherty: Until all the funds for the completion of the project are there? Mr. Carollo: When all funds for the completion of the X project are in a bank, in other words, the cash is in hand, then we will hold another public hearing on the matter. ' Mayor Ferre: Are we ready to vote? Mr. Carollo: No, ... I've been asking the City Attorney =; .M, for a legal opinion, Mr. Mayor. Mrs. Dougherty: The answer is you must commence construc- .. tion by May, you must complete construction by next October .,; off Mr. Carollo: We realize that, but the question is if we begin by doing what Mr. Gilchrist says he has in mind, can `== ` that give Mr. Noguchi, how do we stand in the legal grounds - if he comes up with some kind of a request for an injunction .{' to stop us from doing anything in the park? He says he wants to take some trees and put them in a nursery. Mrs. Dougherty: Well, I think that we have to show a corn- plete intent to go forward with the plan at this time. Mr. Carollo: In other words, a complete intent to go for- ward with what plan? Mrs. Dougherty: With a plan. Now, potentially we may have to amend our UDAG contract and substitute a different de- sign. That might be something we would have to do and if r we do so then we'd have a different amphitheater which may send us out of the time constraints that we're in. Mr. Carollo: What I'm saying is that if we begin construc- tion by doing what Mr. Gilchrist stated that we would do, is it the legal opinion that we will be on a sound legal basis in starting to do that? HT 180 Mau—snnc_- I Mrs. Dougherty: As long as our trail of legislation doesn't indicate that we're going to start designing a different, or start constructing with his and not completing his de- sign. Mr. Carollo: We're not saying that right now, all we're doing is buying time so when we get by that May 31st dead-- line then the only other deadline is october of 86. Mrs. Dougherty: That's right, so long as our legislation doesn't show ... Mr. Carollo: Fine, so that's all I'm trying to accomplish and you stated to me that we're in sound legal grounds to do that. Going back to the original motion then that Mr. Plummer seconded, if there is no further discussion, Mr. Mayor, call the roll. Mayor Ferre: Oh, there is plenty of discussion. I want to discuss it and I want to just put on the record what I think we're doing here. Now, I want to state that there is an awful lot of politics whether it be Richard Rondel or Ste -we Ross or people that are running for public office that has been played in this thing. And I understand we all have the right, we all play politics. I'm the first one that plays. But I want to tell you that what we are about to do here n.-t only jeopardizes the question of the Library, the Noguchi, it jeopardizes - this is one man's opinion - the Corps of Engineers $9,000,0009 it will jeopardize the UDAG Grant, it will bring the whole Rouse question before us. Rouse will be demanding, I'm going to tell you you do not have my vote, go get three other votes for the City of Miami putting up any money on this thing. We don't have the money, I don't know where we're going to get it. This whole thing is a lot more complicated. Mr. Worth is sitting back there with a frown on his face. There is a lot at stake. We are not only playing with dynamite, we have lit the match, we are about to throw it into the keg and then we're going to say that it is not going to explode. Mr. Carollo: I can't talk for some of the other individuals that he has mentioned, he might be correct as far as those go, but I would just like to clear the air on something that Mr. Kenzie has been spreading around, and some of his paid staff. Since 1980 when this first came before the Commis- sion that I was sitting on when I was first elected in 79 I have been consistent in my position and the statements I have made before this Commission on where I stood on that Library Building. In fact, quite a few times I stood alone and the record speaks clearly on that and anybody that would like copies of that I would be more than happy to get for them. Anything that I'm saying now I said as far back as 1980. Mr. Dawkins: Mr. Mayor, I'm going to make my position clear again and I want to be sure that the public understands it. I said that in the event that the private sector demon- strates to me that it is going to meet its civic obligation, whatever that may be, I'm not going to say that they prom- ised X to the Y power or what. If they do this by the next meeting or if they do it any time I have no problem. I have said it before, if they demonstrate that they are sincere I'm in favor of tearing the Library down. Now, if they can do this before the next meeting I have no problem with asking the Mayor to call a Special Meeting and I am commit- ted to you to tear the Library down. But I'm not committed to you to tear it down when you've made promises which you say you didn't make which I've been hearing ever since I've been here, and today is the first day that anyone got up to contest the promise. Oh, no, we didn't make that promise. RT 181 May 9, 1985 Now Maybe they didn't, but why did you wait until today to make it known that you didn't make these promises? But ` promises are nothing, we don't care about that. We're going to live from today on and if whoever is responsible can show good faith then I'm going to have the same faith in you as you had in me when you elected me. You didn't know what I was going to do, so if you come to me and say hey, look, we are going to raise the money, we want the Library down, I'm with you. If you come tomorrow we'll ask the Mayor to call a Special Commission Meeting and see if we've got the votes and we will tear it down. Now, that's my position. Mr. Carollo: Miller, unfortunately, the only way that we are going to guarantee to get all the moneys to build this park without the City of Miami taxpayers having to pay a good chunk of it is by doing what we are doing here today. that's the only thing that is going to accomplish that. Now, I hate to have to deal this way, but some times you have to use that shotgun barrel effect. Mr. Dawkins: Okay, Joe, you're right, but you see, we can't ask the public to have any more faith in us than we have in them. I mean it is a two way street. I mean I agree that promises were made and not kept. See, but as Mr. Fine saij, we've got to forget the past, Miami is in its infancy an: we've got to help it grow and if the Rouse Company is going to do that, and I'll be the first to say I couldn't care if Noguchi built the fountain and drowned in it, it wouldn't make me any difference. But right now I'm concerned in us getting off square one. Mr. Plummer: Let me, for the record, Mr. Manager and Mr. Gilchrist, the demolition of the park does, in fact, make us in compliance with the Bayside UDAG Grant, is that correct? M►'. Gilchrist: Demolition of the auditorium, it does for the Bayside aspect of it. Mr. Plummer: Yes, sir. Okay. Mr. Gilchrist: I wanted to clarify one thing that Comir.is- sioner Carollo asked me. We have 282 trees to be treated in the following three manners: (1) is to remove those which are really of no significance, those which can be placed in their future location at this time as to the Nagucchi and also those that have to be moved and held in a nursery condition until they can be placed in that plan and we have that contract out on the street and it will be back before you on the 23rd. Mr. Carollo: Mr. Gilchrist, what is going to happen to the War Memorial behind the Library? Mr. Gilchrist: Well, at this time that's not touched. Mr. Carollo: Sir? Mr. Gilchrist: That's not touched at this time. Mr. Carollo: Why not? Mr. Gilchrist: The initial contract does not include any demolition or anything other than the moving of trees. Mr. Carollo: No, I'm saying in the whale design what was going to happen to that? RT 182 May 9 . _198.5 Mr. Gilchrist: I'm going to have to call on somebody else for that. The architect for the project is here locally, Commissioner, and I'd like to have him answer that. Mr. Plummer: Mr. Mayor, let me announce my intent that as soon as this motion passes or fails that I am going to ask for a motion to instruct the City Attorney to prepare for the next meeting a bond issue for $10,000,000 which is what I think we're short. Mayor Ferre: You have to make it about $20,000,000 or $25,000,000 to make up for what we're going to lose. We're going to lose 9 and 6, that's about 15 and then we're short 10. We're going to lose the UDAG Grant, I have no doubt about that. Mr. Plummer: Well, Mr. Mayor, I'm going to still, as I said before, ask the City Attorney to prepare a bond issue for $10,000,000 for the Bayfront Park to be submitted to the electorate on July 9th of whatever date that was in July, if that comes about, if not, in November. So there is a motion on the floor so I can't make a motion at this time, but it is fully my intent to do such. Mr. Carollo: (INAUDIBLE) Mr. Plummer: It is my intent, Joe, that as soon as 1"his motion that you have made, and I have seconded, passes or fails, to instruct the City Attorney to come back at the next meeting with a bond issue for $109000,000 to be resurrected. Mr. Carollo: I'll second that motion. Mr. Plummer: Well, I can't make it until the first motion. Mr. Carollo: I know, after we get by this one. All right, if I may... Mayor Ferre: We have a motion and we are about to vote on it. f Mr. Carollo: Mr. Mayor, let me read it into the record. A resolution directing the City Manager to proceed with com- mencement of construction and the implementation of the Bayfront Park Redevelopment Project provided, however, that final discussion be made on the demolition of the Library Building. Mrs. Dougherty: That's no final decision be made. =y, Mr. Carollo: Yes, that the final decision be made on the r�+'e demolition of the Library Building until all moneys or letters of credit needed - is that all right, Commissioner - needed to build the Bayfront Park Redevelopment Project are in the bank. Mr. Perez: The only part that I don't accept is that are in the bank, I will accept that if we have in the next Commis- sion Meeting, the 23rd, a good package where they show how to get the whole money and this is something that the admin- istration recommends, it will satisfy me. Mr. Carollo: That's what I'm saying, Demetrio, letters of { § credit. That is one way of, you know, making a promise but at the same time, you know, you have it in hand. That is the motion, Commissioner Plummer, do you still second it? Mr. Plummer: Yes, sir. a RT 183 May 91 1985 y; k' Mayor Ferre: All right, is there further discussion on that motion as amended and trade at this time? The Sword of Domocles Motion. All right, are we ready to go to the Sword of Domocles? Call the roll. j,. Mr. Perez: Before the roll, this motion, do you accept the amendment? Mr. Carollo: No, I do not. Mr. Perez: You don't accept any amendment. Ms. Hirai: Roll call on the main motion. I s The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 85-519 A RESOLUTION DIRECTING THE CITY MANAGER TO PROCEED WITH COMMENCEMENT OF CONSTRUCTION AND THE IMPLEMENTATION OF THE BAYFRONT PARK REDEVELOPMENT PROJECT PROVIDED, HOWEVER, THAT NO FINAL DECISION SHALL BE MADE ON THE DEMOLITION OF THE LIBRARY BUILDING UNTIL ALL MONIES OR LETTERS OF CREDIT NEEDED TO BUILD THE BAYFRONT PARK REDEVELOPMENT PROJECT ARE IN THE BANK. (Hhere follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo NOES: Mayor Maurice A. Ferre ABSENT: None. ON ROLL CALL: Mr. Perez: I vote with the motion under the condition that at the next Commission Meeting, the 23rd, they bring here a package that satisfies the extension to have the funds of the private sector. I will support that project. Mr. Plummer: Mr. Mayor, at this time I make a motion in- structing the City Attorney to prepare a bond issue for the electorate to be submitted in the earliest election to be held in the City of Miami in the amount of $10,000,000 no, leave the numbers blank, I'll go that far, for the purposes of .... Mr. Carollo: No more than $10,000,000, I think we have to give a figure, don't we? Mr. Plummer: Fine, we'll do that at the next meeting when we deal with it but just right now to prepare the bond issue for that purpose. Mr. Carollo: Okay, I second the motion. a HT 184 Mav 9-- tcas 0 ' The following motion was introduced by Commissioner Plummer, who Moved its adoption: MOTION NO. 85-520 A MOTION INSTRUCTING AND DIRECTING THE CITY ATTORNEY TO PREPARE FOR THE NEXT CITY COM- MISSION MEETING THE NECESSARY LEGISLATION FOR A BOND ISSUE QUESTION TO BE SUBMITTED TO THE ELECTORATE AT THE EARLIEST POSSIBLE TIME, LEAVING THE AMOUNT OF THE PROPOSED BOND ISSUE BLANK; AND FURTHER STIPULATING THAT SAID PROPOSED BOND ISSUE IS INTENDED TO COVER FOR A POSSIBLE SHORTAGE IN FUNDING WHICH IS BEING ANTICIPATED IN CONNECTION WITH THE PROPOSED REDEVELOPMENT OF BAYFRONT PARK. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo NOES: Mayor Maurice A. Ferre ABSENT: None. ON ROLL CALL: Mayor Ferre: In voting no, I wish to state that this is a bad situation and this doesn't make it any sweeter. It is a major defeat for the downtown, for the City of Miami, for everything that is involved here. That is my opinion. Mr. Carollo: I respect that, but let me say this to you. I think if Hannibal would have been a little more patient and would have not gotten so discouraged he might have just entered the gates of Rome. But Mr. Weaver and the represen- tatives from Rouse, I would be more than happy to meet with you this week and Mrs. Hill and anyone else and try to find a solution, a way that these moneys can be raised so that we can proceed with what I think would be best for everyone as a whole. Mr. Pereira: Mr. Mayor, I want to try to get some clarifi- cation because during the making of all those motions sever- al times it was alluded to that with the City Manager's recommendation, and we have not been able to figure out what is it that you want for the next meeting regarding to this item and I would like to get a clarification of that so that we be able to ... Mayor Ferre: Nothing, as far as I'm concerned, this is s dead issue. j Mr. Carollo: No, Mr. Mayor, I think again you're exaggerat- ing. Item 32, Commissioner Plummer, I think we still have to approve that to meet the intent of the UDAG Grant on the Bayside part of the project. The moneys are going to be raised, I guarantee you. This is the only way that you're 3 going to get some of the people out there to go out and raise the money. 61. ESTABLISH BAYSIDF SP'_'CS':LTY CFF..TFP - Arr1;r1rRTA rr irk- ]]' S1,996.000.0n .r !�aycr Ferre It. has to he aner. � : cer._ � c: ^.r.ar : e , why? A! I ' r_=ht, is there a rrctir.. cr. Iter, c.. ar. erer..er.cy basis? RT May 91 1985 Mr. Carollo: Second. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING ORDI- NANCE NO. 99399 ADOPTED DECEMBER 20, 1984, THE CAPITAL IMPROVEMENT APPROPRIA- TIONS ORDINANCE, BY ESTABLISHING BAYSIDE SPECIALTY CENTER PROJECT IN THE AMOUNT OF $199989000 AND APPROPRIATING AN AMOUNT OF $5159000 FROM 1984 STORM SEWER GENERAL OBLIGATION BONDS AN AMOUNT OF $322000 FROM 1980 SANITAhy SEWER GENER- AL OBLIGATION BONDS, AN AMOUNT OF $968,000 FROM 1980 HIGHWAY GENERAL OBLIGATION BONDS, AND AN AMOUNT OF $193000 FROM 1980 HIGHWAY GENERAL OBLIGATION BONDS INTEREST EARNINGS FOR A TOTAL APPROPRIATION TO SAID PROJECT IN THE AMOUNT OF $19998,000; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Carollo, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre a'. NOES: None. =c. ABSENT: Commissioner Miller J. Dawkins Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Carollo, adopted said ordinance by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. ;. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre s i.a .. NOES: None. ABSENT: Commissioner Miller J. Dawkins SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9992. The City Attorney read the ordinance into the ,t.. public _. record and announced that copies were available to the members of the City Commission and to the public. 62 & 63. DISCUSSION OF POSSI3LE FUNDING FROM PRIVATE SECTOR FOR BAYFRONT PARK RDEVELOPMENT PROJECT AND DISPOSICION OF LIBRARY BUILDING. ----- ------- -------- ----..........------- ---- ----- -----------..-.�- Mr. Carollo: Mr. Weaver...now is need to vote upon to keep the Bayside portion? On the part part, David? rt 187 there anything else that we UDAG Grant alive on the of Bayside, not the other May 91 1985 l 7q Mr. David Weaver: Could I make one suggestion, seeing as you asked the question, Mr. Vice -Mayor? Your motion as amended by Mr. Dawkins, I believe dramatically would ins - crease the probability of being able to get money from the private sector. The problem that I believe exists with your motion, sir, is that all you have agreed to do is discuss the motion again at the next meeting. Mr. Carollo: David, I think you've heard enough of our comments to know that if those moneys are raised, this Commission will go ahead and demolish that Library building. Mr. Weaver: Would it be possible to get that on the record, Sir? Mr. Carollo: That was in the record already. I think by all the statements that all of us have made. Now, I think that the ball is in you all's court now to raise the funds. See, I as a taxpayer of the City of Miami that lives here, I don't want to see my property bill go up more and my garbage tax collected for the sake of that. Mr. Weaver: Sir, I agree with you and the only thing that I would like to put into the record as a suggestion is that those people who are going to be going out trying to raise money, and I personally am prepared to go out and try to raise money, I personally am prepared to do that. We need some specific concrete parameters. How much money do we need to have raised? By when? And what are you going to do �. on your side if we raise it? Mr. Carollo: Well, I think what we need to do is sit down immediately tomorrow and figure out just what we have in hand, not false promises or reaching for the sky and then figure out how much more we need and go out and raise it. I'll be more than happy to meet with anyone in order to accomplish that. Mr. Weaver: Okay, the concern that I have, sir, is that we are up against a time constraint and I am concerned if we don't know today what the deal is we can't go out and raise money. People are not going to give money under those circumstances. Mr. Carollo: Not really, because we found a way, a legal Y way to begin construction by May 31st, so we've got some time. Mr. Weaver: I hope so, sir. I sincerely hope so. Mr. Carollo: You know, unless someone invades the park or something. Mayor Ferre: You've never heard of Mr. Stockman? You watch and see what Mr. Stockman does in the next weeks. This is going to be reported. See those newspaper guys? You watch and see what Stockman does. Mr. Carollo: Well, I've heard of Mr. Stockman but I've also heard of Mr. Mondale and Mr. Kennedy and Tip O'Neill. That's why it takes people like Stockman to act the way they do because of what these guys have done to the Country for �Y- the last 20 years. Mayor Ferre: Fine, and they will continue to do what Stockman is going to do to this project. Mr. Carollo: rt Thank God for President Reagan. 188 May 9, 1985 Mr. Martin Fine: Mr. Mayor, just for the record, my name is Martin Fine and I atn speaking as a private citizen and for the record I have lived in Miami 38 years, all of which is in the City of Miami and I pay taxes here. I am very confused and I want to pick up on what you're trying to do and I think we're kind of moving in the right direction to some extent. (1) I'm saddened with the way it has come about but we have a chance to save it, it seems to me. (1) I believe that the demolition of the Bayfront Library, from what little I've read formally about the documents, and I'm not expressing a legal opinion, complies in intent with the start of construction on Bayside. Pardon me? I did mean the auditorium. Thank you, John. The demolition of Bayfront Auditorium complies in intent with the requirement to start construction on Bayside. I think you ought to document that, send the folks at UDAG or anywhere else a letter saying that is what you have done. Then you ought to move some dirt and do some other things in the park which say we have started construction on the park. Tell the folks at UDAG that's what we've done. Now, I believe, without getting in your great City Attorney's opinions, just my own personal non -legal opinion, that from an intent point of view you're going to preserve it and we need to work together to keep that going. The next step seems to me to be a lot of misunderstanding about what the private sector said they would do and wouldn't do so I would like to try to help clarify that. Mr. Carollo: Marty, let me say this before you proceed. I would like to thank you for being so honest and up front in using some real honest logic, it is about time we started hearing some of that. Mr. Fine: Well thank you. Let me just finish, I've got some more. Thank you, Joe. I think that J. L. probably has one of the best memories that I've ever heard on the Commission, but I want to tell you, J. L., I think you're wrong about anybody making a promise about money. What I think you really ought to do is ask the City Clerk to extract from the minutes who made that promise and in what dollar amount. Now, that is one thing. The second thing is, Joe, I want to say to you in all due respect, you said the private sector never comes up with money. I want to tell you that this private sector... Mr. Carollo: No, that's not quite what I said. Mr. Fine: Well, excuse me, you indicated that there is a lack of money for certain reasons at certain times for certain causes. For the Business Assistance Center for private business people, Greater Miami Chamber of Commerce and a lot of people in this community raised 7.2 million dollars to put people into business. Now, I don't mean we have succeeded in everything. What we ought to do is get a goal of how much money we ought to raise. Now, I don't think we can raise $10,000,000, J. L. That just isn't fair. We just can't raise $10,000,000. Well, just a minute. I don't know how much you need. Mr. Plummer: $20,000,000. Mr. Fine: I don't accept any of those figures. Mr. Carollo: About $22,000,000 it takes to build, we have about $13,000,000 in the grants. Mr. Fine: I think if you follow what you started and what David Weaver has said, maybe you don't have to spend rt 189 May 9, 1985 $22,000,000. Maybe you can spend $17,000,000, maybe the private sector can say to you, we'll raise $2,000,000 or $3,000,000 and that may be enough. Now, David is right, I think we can raise a couple million dollars. Mayor Ferre: Marty, nobody wants to listen to the figures. We have $18,000,000 in hand. Nobody wants to listen to that. We have $18,000,000 and we are $3,000,000 short. Mr. Carollo: Then, Maurice, we're going to make it. Mayor Ferre: The Knight Foundation says, I'm sorry that Mr. Hill has left, but I understand that they're considering $650,000 between, you know, so we're a couple million dollars short. We don't need any $10,000,000. Mr. Fine: Mr. Mayor, I just want to finish, if I may. I think that the private sector, given the assurances that David has suggested, some assurances at the net meeting that you're going to take that Library down under certain conditions, we can raise a reasonable amount of money once we do it. We will not, at least I will not tell you how much because I don't know. Now, I'm not going to do, I know Mr. Raider, and he is a first rate citizen. I didn't feel the • need to stand up and say how much I'm going to contribute. I guarantee you we will raise money. You have our commitment we're going to raise money and i just want to give you one last item. Mr. Carollo: I know you will Marty, I know you will. I know Ron fine back there will too. Mr. Fine: I think what you ought to do is consider that we have an opportunity to make world history. We can make happen in this community what we want to happen and we ought to turn tonight's meeting into a productive meeting next time and go forward with some numbers and go forward to Rouse Company and say we're going to make it happen, go forward to the investment community and listen to Mr. Worth and say, you come up with a little money too and help us and get it done. Mr. Carollo: Marty, let me say this to you, I think tonight's meeting has been a very productive meeting. I think what we have just about guaranteed here tonight is that the taxpayers of Miami are not going to have to put up a penny of our moneys for this. Indirectly, sure, we're putting up money for the UDAG Grants and the Army Corps of Engineers but we're not going to have to put any from our budget here. So what we're going to accomplish today, and we started to accomplish it today, is that the moneys are going to be found and I think next meeting is going to be even more productive. Mr. Fine: Let's make it happen, we can make it happen. Mr. Carollo: We will, I'm sure we will. Mayor Ferre: All right, is there anything else before we adjourn? Mr. Perez: Mr. Fine, may I ask you something? Would you be -: able to have a formal proposition for the next Commission Meeting? Mr. Fine: Would I do what? Mr. Perez: A formal ro osition. P p J'`': rt 190 May 9, 1985 Mr. Fine: I don't really to be in the business of making formal propositions because, for example, David Weaver has been the City's negotiator and is in a point where he knows something. I can say this to you, I can go back to the Chamber and report what has happened and they will be very disappointed. By the same token, if you give us a reasonable number that we can work with, we may be able to go out and help raise that kind of money from the private sector, not the Chamber, I'm not speaking for the Chamber. Now, David, are we generally saying the same thing, do you think? We'll go out and help raise the money. Mr. David Weaver: For the record, my name is David Weaver, 800 Brickell Avenue. Commissioners, if you could possibly consider giving us a concrete objective, a specific objective to come back here by the 23rd of this month with x-number of dollars, I personally commit, I believe that the next Chairman of the Greater Miami Chamber of Commerce standing right here beside me is prepared to commit that we'll go out and do our damndest to raise that money. you've got to tell us what the number is. Mr. Plummer: I think that is a very fair trade. Okay? Ferre is talking about there is $18,000,000 in the bank, this one is talking about $12,000,000. Mr. Manager? Mayor Ferre: Who is talking about $12,000,000 Who is talking about $12,000,000? Mr. Plummer: I'm sorry, I am. Mayor Ferre: Where do you get the information? I want to repeat the figures so we clearly understand. Roy Kenzie, would you come out from hiding behind that thing and get on that microphone and tell us how much money we have. Mr. Roy Kenzie: We have funds that are committed, and John, you might correct me as I go, that are applied towards the park 6.2 million from the Corps of Engineers, 6.012 from the UDAG Grant, the Rouse Company contribution of a million, State and Land Water Conservation Grant of $455,856, City match of $455,856, State F.R.D.A.T. Grant of $200,000, City match of that of $100,000, a total of $149224,566 then there is an additional ... Mayor Ferre: Fourteen million what? Mr. Kenzie: $14,424,000. Mayor Ferre: And the if the Knight Foundation Grant comes through that brings it up to $15,000,000, right? Mr. Kenzie: Right, that would take it up to $15,000,000. Mayor Ferre: Now, if Senator Pepper's increase goes - $2,000,000. Mr. Kenzie: That's another $2,0009000 so that's $17400,000. Mayor Ferre: I stand corrected. We've got $17,000,000, let's not say $12,000,000. Now we need $21,000,000 so what we're short is $4,000,000. Mr. Plummer: Exactly, so you can reduce that bond issue. Marty, you might be right but it is the voice of the people who re going to have to pick it up if this private sector money doesn't come forward. rt 191 May 9, 1985 r M ti Q f- vey3 Mr. Fine: but you don't need $10,0009000. There is the man running the project. Mr. Plummer: Excuse me, did I not tell her to leave it blank? Mr. Fine: May I just make one last comment? Hey, I would literally beg you to ask the Clerk to go through the records to see if there was ever a commitment made and if so how much, but... Mayor Ferre: The Clerk is so instructed. Mr. Fine: All right. (b) I want to tell you on behalf of just one member of that Bayfront Park Committee and one very caring citizen in this community I am going to work with Tina Hills and that group and anybody else who wants to work and we're going to try to raise $2,000,000. Period, end of paragraph. You all figure out how to do the rest of it. And let me say just this one last thing, J. L., if I may. Tonight isn't the night to do it, but I think you all ought to remember somewhere along the line there is no such thing as original public money, it is all private money that is invested by investors and insurance companies and banks and others and it is paid in the form of taxes and paid in the form of fees and it ends up in the public sector and you do a good job, by and large, of administering it. So when Mr. Worth and Mr. Gould and Mr. Rouse and Mr. Ronny Fine, one of the great pieces of property there that is going to be developed says if you do those things we'll invest more than a billion dollars in the next few years, that is a hell of a lot of private money. Let me give you one last statistic, and the Mayor knows this very well. In 1979 the assessable real estate tax base in the City of Miami was four billion dollars. Last year, it was eight billion dollars. That is a hell of a lot of private money. Now what you're really asking us to do is go out and get charitable money and we're willing to try to do it. I think we can raise $2,000,000. Mr. Skip Sheppard: Wait a second, Marty, I'm on your team. My name is Skip Sheppard, for the record, and I want to tell you right now, gentlemen, I'm going to help raise a lot of money too. The entire hotel industry is in back of this situation and we're going to raise money for you. So I'm right with you, Marty. Mayor Ferre: Okay, what else have we got tonight? Mr. Fine: Let the record reflect we didn't say we're going to bring a check on the 23rd. Mr. Plummer: Marty, your word is as good as gold. Mr. Fine: Thank you, we'll try. Mr. Dawkins: We're going to be here. At the next meeting, Marty, you will bring, I mean we will come in with some commitments. Mr. Fine: No, absolutely not. Mr. Dawkins: What is it then? 1 Mr. Fine: I'm going to tell you I give you the commitment tonight, we're going to give you the commitment we'll use our very best efforts. We'll use all the smarts we can. We'll twist all the arms we have to twist. We'll do all the begging we have to beg. We'll do whatever it takes to get i $2,000,000 here. I am not going to be a party to a sham. I am not coming here on the 23rd telling you we have the money rt 192 May 9, 1985 or we have commitments for it. On the other hand, if you .... No, I'm telling you that now. Mr. Dawkins: Okay, you're telling me you'll work hard to get it. Mr. Fine: No, I'm telling you that right now. Not only me, myself, David, a thousand other people in this town, Tina Hills, a half a dozen or more foundations, we don't need to wait until the 23rd. I'm telling you that right now - you re going to get $29000#000 from the private sector. I believe you're going to get it if you act a little more responsibly than we did tonight and send a very clear message that when you get the $2,000,000 you're going to rip that damned Library down. Mr. Dawkins: All right, I'll make a motion now to Marty Fine that if he shows me that they've got the $2,000,000 I vote that the minute that is shown the Library will come down. Mr. Perez: I second that motion without any doubt. Mr. Plummer: Under discussion I still have to ask the same • question. We have $179000,000 in the bank, Marty has pledged that he will do everything he can to bring $29000,000 - that's $19,0009000. I have to ask the other question - where is the other $3,0009000 coming from? Mr. Dawkins: Senator Pepper. Mr. Plummer: Well, if he wants to come make a pledge I'm willing to listen. Mr. Manager, where is the other money going to come from? Mr. Dawkins: We're going to raise it in the memory of Charlie Hadley with Claude Pepper's help. Mr. Plummer: You can't even get clay on Hadley's court if that's the kind of memory you're talking about. I think it is an honest question to ask. Mr. Carollo: No question about it, J. L., I'm in agreement with that, but more than that, what I'm trying to really get to the bottom line of is just how many dollars do we really have in hand? Mr. Plummer: They came up with a figure which is somewhat, I feel, in reason of $17,000,000. Mr. Carollo: Well, how again, have they come up with that? Mr. Plummer: Get your special investigator. Mr. Gilchrist: Presuming that the James L. Knight Grant for 40 ' the $650,000 plus the $14,400,000 that we have here gets us $15,000,000. If Senator Pepper was correct saying that he was raising the money available from the Corps of Engineers to I think he said $9,000,000, that gets us - up to $9,000 000r that gets us another $3,000 000 15,000,000 and g r MW 3,000,000 is $18,000,000 we're basically $3,000000 short. You said $4,000,000 before... Mr. Plummer: Fine. Where is that $3,000,000 coming from? Mr. Carollo: But see, J. L., that is assuming, and I know Pepper will try his hardest to achieve that but, you know, he can't guarantee that he is going to get those additional t $3,000000. Nor do we have the guarantees that the Knight Foundation is going to come with the additional $650,000. _ - rt 193 May 99 1985 So I think you have to predicate any additional motions, Commissioner, based on Pepper's statement tonight of it being so, that they have to get the full $9,000,000, that the Knight Foundation has to come up with the $650,000 and still we need to find out from the Manager where the additional $3000000 is coming from. Mr. Plummer: Why don't you come back on the 23rd and tell us? Mr. Pereira: All right. Mayor Ferre: There was a motion on the floor, we didn't vote on it. Thank you. Mr. Carollo: There is no motion on the floor. Commissioner Dawkins, we were discussing it because there was no second to begin with. Mr. Dawkins: Yes, demetrio seconded it. Mayor Ferre: Demetrio seconded it. Mr. Carollo: The area that I'm getting to is the following: Based on Pepper being able to acquire the $9,000,000 which is another big if - he will try his best but you know how hard it is. So that is another $3000000 up in the air. If the Knight Ridder chain comes up with the $650,000 - another if - we're still - and Marty the $2,000,000 he pledges, we're still $3,000,000 short. Mr. Dawkins: No, only one. Mr. Carollo: How do you figure only one? You're saying that if they raise $2,000,000 we're $1,0009000 shy? Mr. Fine: (INAUDIBLE, NOT USING MICROPHONE). Mr. Plummer: Yes, Marty, that is like out of the Hyatt House, of all the money we've gotten out of the Hyatt House. Mr. Carollo: Well, Grassie came out all right with it, I'll tell you. Mr. Dawkins: Well, let me say this. I feel that there is no doubt in my mind that Pepper will get the $9,000,000. Mr. Carollo: But Miller, we've got to predicate the motion based on all that otherwise we're all going back on what we stated. Mr. Dawkins: But when Pepper stands up and starts to cry and say that this fountain is dedicated to "My Mildred", he is going to end up with $9,000,000 in a hurry. I'll bet on it. Mr. Plummer: I would ask my colleague Commissioner Dawkins that rather than pass a motion which in my estimation, without addressing the deficit, I would appreciate that this matter be put off until the 230rd at such time as the Manager can come back in a realistic way and say here is exactly what I feel is in the bank, here is what we can collect, here is what the deficit will be and how that deficit will be paid. I think it is only fair that that be done. Mr. Dawkins: Out of respect to my colleague, I have to withdraw and just go with it. Out of respect I withdraw and he withdraws his second. We're back where we were, square one. rt 194 May 9, 1985 Mr. Carollo: There is no motion on the floor. Commissioner Dawkins, we were discussing it because there was no second to begin with. Mr. Dawkins: Yes, demetrio seconded it. Mayor Ferre: Demetrio seconded it. Mr. Carollo: The area that I'm getting to is the following: Based on Pepper being able to acquire the $9,000,000 which is another big if - he will try his best but you know how hard it is. So that is another $39000,000 up in the air. If the Knight Ridder chain comes up with the $650,000 - another if - we're still - and Marty the $2,000,000 he pledges, we're still $3,000,000 short. Mr. Dawkins: No, only one. Mr. Carollo: Now do you figure only one? You're saying that if they raise $2,000,000 we're $1,0000000 shy? Mr. Fine: (INAUDIBLE, NOT USING MICROPHONE). Mr. Plummer: Yes, Marty, that is like out of the Hyatt House, of all the money we've gotten out of the Hyatt House. Mr. Carollo: Well, Grassie came out all right with it, I'll tell you. Mr. Dawkins: Well, let me say this. I feel that there is no doubt in my mind that Pepper will get the $9,000,000. Mr. Carollo: But Miller, we've got to predicate the motion based on all that otherwise we're all going back on what we stated. Mr. Dawkins: But when Pepper stands up and starts to cry and say that this fountain is dedicated to "My Mildred", he is going to end up with $9,0009000 in a hurry. I'll bet on it. Mr. Plummer: I would ask my colleague Commissioner Dawkins that rather than pass a motion which in my estimation, without addressing the deficit, I would appreciate that this matter be put off until the 23rd at such time as the Manager can come back in a realistic way and say here is exactly what I feel is in the bank, here is what we can collect, here is what the deficit will be and how that deficit will be paid. I think it is only fair that that be done. Mr. Dawkins: Out of respect to my colleague, I have to withdraw and just go with it. Out of respect I withdraw and he withdraws his second. We're back where we were, square 195 May 9, 1985 I v W one. .ifiir i.l.ba,wiir ""aft!" ri ii ia. iliiiN`i-r-al`ii.fb r!r r-i-i. "".* iYbi`.i`ibYi�(ii 64. FIRST READING ORDINANCE: ATLAS CHANGE FROM RS-2/2 TO R0015 AREA GENERALLY BOUNDED BY I-959 METRORAIL. R.O.Y. S.W. 17 RD. S.W. 2 AVE., ETC. r.�rr—rr--i..rr i�r i+e.-rir-.ter-rrrr -.ir�r+.r:.ati�.-rsr.�►n..,r rrr:.ir rG.r+rr �. r..rr �. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FOR THE AREA GENERALLY BOUNDED BY THE I- 95 EXPRESSWAY, METRORAIL RIGHT-OF-WAY, SOUTHWEST 17TH ROAD, SOUTHWEST 2ND AVENUE, A LINE PARALLEL TO AND APPROXIMATELY 210 FEET NORTHEAST OF SOUTHWEST 17TH ROAD AND SOUTHWEST 2ND COURT (MORE PARTICULARLY DESCRIBED HEREIN), FROM RS-2/2 ONE -FAMILY DETACHED RESIDENTIAL TO RO-1/5 RESIDENTIAL - OFFICE; MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 37 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500, BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AN A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by a Commissioner Carollo, and was passed on its first reading by title by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the Fr' RT 196 May 9, 1985 N r� members of the City Commission and to the public. ii iii..i��iii i.6 ►.i�i.r i.`i.Y 7i i1Yi..i��i�ii�iW.ii ii6iYitii� -Q.A. 65. FIRST READING ORDINANCE: ORD. 9500 ATLAS CHANGE FROM 95-2/2 TO NO-3/5 AT APPROXIMATELY 1600 S.V. 2ND AVENUE. r.Y �,.f►IYY�G3 �i�ri i�il.r ii.. ice.►-.I� ii ii.► i11f...�L.i li�.�� ��. iD�-�.i�ii�.ii� �i.►N.i ii►1W --� AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 95001 THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 1600 SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RS-2/2 ONE -FAMILY DETACHED RESIDENTIAL TO RO-3/5 RESIDENTIAL -OFFICE, MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 37 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 95009 BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AN A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins and was passed on its first reading by title by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: 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. RT 197 May 90 1985 Is IY►ii�ilf.rr.�riYrir..iiil i�riY.i�i'`i��il.�iiiA. A. di.ii idran" ar d.If. r.V�.ir ir..�i 66. FIRST READING ORDINANCE: ORD. 9500 ATLAS CHANCE FROM RG-2/5 TO 10-3/5 IN AREA GENERALLY BOUNDED DY S.M. 2ND COURT, S M. 15TH ROAD, S.M. 1ST AVENUE A A LINE PARALLEL TO A APPROXIMATELY 115-150 FT. S.M. OF S.N. 15TH ROAD. �rrrrrra►r.b r�iir.i.Y►rG�rrrrr—rrirrr.►r.rr�rrrrr..i r rrrrrrri il��r.Irri AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 95009 THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FOR THE AREA GENERALLY BOUNDED BY SOUTHWEST 2ND COURT, SOUTHWEST 15TH ROAD, SOUTHWEST 1ST AVENUE AND A LINE PARALLEL TO AND APPROXIMATELY 115-150 FEET SOUTHWEST OF SOUTHWEST 15TH ROAD (MORE PARTICULARLY DESCRIBED HEREIN), FROM RG 2/5 GENERAL RESIDENTIAL TO RO- 3/5 RESIDENTIAL -OFFICE; MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 37 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 95009 BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Perez and was passed on its first reading by title by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the 198 May 9, 1985 RT r� members of the City Commission and to the public. r-&abIGo-�i""I"" iwiairwdY Aw ia.a.ob b"N.w a." ft "&.ft 0.4*t.i"0.0.ft. " " " " *"i ".61aia.1►riiiiVA. rU.. " 67. FIRST READING ORDINANCE: ORD. 9500 ATLAS CHANGE FROM RGr2/5 TO RO-1/5 IN AREA GENERALLY BOUNDED BY S.W. 2ND AVE., S.W. 17TH ROAD, S.W. 1 AVE. A A LINE PARALLEL TO d APPROXIMATELY 390 FOOT N.E. OF S.W. 17TH ROAD. "&.f.---r---w----rwr-rrrw.rrrrai--"".r " — ft dW-0rr—r---ft rr—r—w.+rrrwr0. .. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FOR THE AREA GENERALLY BOUNDED BY SOUTHWEST 2ND AVENUE, SOUTHWEST 17TH ROAD, SOUTHWEST 1ST AVENUE AND A LINE PARALLEL TO AND APPROXIMATELY 390 FEET NORTHEAST OF SOUTHWEST 17TH ROAD, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-2/5 GENERAL RESIDENTIAL TO RO-3/5 RESIDENTIAL -OFFICE; MAKING ' FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 37 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500, BY REFERENCE AND DESCRIPTION IN ARTICLE 39 SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Perez and was passed on its first reading by title by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. j The City Attorney read the ordinance into the public I record and announced that copies were available to the 199 May 9, 1985 t W members of the City- Commission and to the public. C. i Yi". ii.►iii. YYii.. i.`i i ii..i 6. .At6►iii-i fia.'ft6.Y" i n."*.".iii..•.. iabdb .a." 68. ALLOCATE MrSDO IN SUPPORT OP "MIAMIiDADE TRADE AND TOURIST COMMISSION" TO ALLOW THEM TO OPERATE PENDING OUTSTANDING AUDIT. Y—i—iZ .Y..:.iY---ii--- .Y..i i.i. .ii.1►Y.--..-- U.— The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 85-521 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $159500 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, IN SUPPORT OF THE MIAMI-DADE TRADE AND TOURIST COMMISSION TO ALLOW SUCH AGENCY TO CONTINUE TO OPERATE ITS PROGRAM OF ACTIVITIES PENDING RESOLUTION OF OUTSTANDING AUDIT FINDINGS; SUCH ALLOCATION TO BE EXPENDED UPON THE APPROVAL OF THE CITY MANAGER; FURTHER DIRECTING THE SCHEDULING OF THIS ITEM ON THE MAY 23, 1985 COMMISSION AGENDA FOR FURTHER CONSIDERATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. ------------------------------------------ ------------------ f 69. CLAIM SETTLEMENT: JOHN PELL ELLIS - $50000. ------------------------------------------------------------ The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 85-522 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO JOHN PELL ELLIS, WITHOUT ADMISSION OF LIABILITY, THE SUM OF FIFTY THOUSAND DOLLARS ($50,000.00) IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ANY AND ALL CLAIMS AND DEMANDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) RT 200 - - May 9, 1985 Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice -Mayor Joe Carollo Mayor Maurice A. Perre NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. -`.rAft r..rr---rr--r_r,r-rrrr-.rrr--rr---rir&..w �r..rr-----r---.r-r-r 70. BRIEF DISCUSSION ITEM: ADMINISTRATION INFORMS THE COMMISSION THAT THE U.S.S.R. WILL NOT SEND PARTICIPANTS TO THIS YEARS 11VIII C.O.T.A.L. WORLD CONGRESS IN MIAMI. --r---r rr--r-------r--r-r rrr ---------- Mayor Ferre: Let the record reflect that the Soviet Union is not coming to the C.O.T.A.L. ------------------------------------------------------------ 71. RESOLUTION ALLOWING DISPLAY OF FIREWORKS IN MIAMI ------------------------------------------------------------ Mr. Pereira: On C.O.T.A.L. I have another item. Mr. Mayor, we need authorization from the Commission in order to extend the Miami Ordinance No. 9540, the fire works tha; will be at one of the events after 10 P.M. so we need authorization to waive that ordinance. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 85-523 A RESOLUTION RELAXING THE LIMITATIONS ON THE DISPLAY OF FIREWORKS TO ALLOW THE STAGING OF PYROTECHNIC DISPLAYS IN THE MIAMI MARINE STADIUM UNTIL 12:00 MIDNIGHT ON MAY 161 1985, SUBJECT TO THE ISSUANCE OF A PERMIT BY THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: RT None. 201 May 9, 1985 IRE ABSENT: None. .i—iiJi►r7iiirrirria�iiiii ii►i. i.►i iG.ui i—rririi iYbGG iii`�iGGiiiGiri.�ii 72. BRIEF COMMENTS REGARDING PROPOSED STRICT 99GULATION AND ENFORCEMENT OF LAWS REGARDING 'CRUISYNG1. (DEFERRED) Mayor Ferre: Mr. Manager, I move that the administration immediately look into the town code on cruising enforcement. Carollo, cruising enforcement. This is the Danville Police Department in California has a very strict procedure on procedure. This is a watch supervisor ... Mr. Carollo: I'd like to defer that, Mr. Mayor. I think I know where that is coming from ... Mayor Ferre: Coconut Grove. Mr. Plummer: Wait a minute, what is cruising? Mayor Ferre: Okay, anything else, Mr. Manager? 73• RESOLUTION EXPRESSING FULL SUPPORT OF ANTI -COMMUNIST POSITION PRESENTED BY ERNESTO DE LA FE IN THE "PRIMERA DEMOCRACIA CONTINENTAL COMBATIENTE CONFERENCE", HELD IN SAN SALVADOR. ----------------- ---------- --------------------------------- Mayor Ferre: I have a request here from Ernesto de la Fe for the "Primera Democracia Continental Combatiente". This is a request that the City of Miami send moral support on the position. So I move that the City of Miami go in full support of the anti -communist position presented by Ernesto de la Fe in the conference that is being held in full support of the United States' position in Latin America and that a proper document be sent to San Salvador where this meeting is being held. I so move. The following resolution was introduced by Mayor Ferre, who moved its adoption: RESOLUTION NO. 85-524 A RESOLUTION EXPRESSING FULL SUPPORT OF THE ANTI -COMMUNIST POSITION PRESENTED BY ERNESTO de la FE IN THE PRIMERA DEMOCRACIA CONTINENTAL COMBATIENTE CONFERENCE; EXPRESSING FULL SUPPORT OF THE UNITED STATES OF AMERICA'S POSITION IN LATIN AMERICA; FURTHER DIRECTING THE CITY CLERK TO FORWARD A COPY OF THIS RESOLUTION BE SENT TO SAID CONFERENCE NOW IN SESSION IN SAN SALVADOR. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio Perez, Jr. Mayor Maurice A. Ferre NOES: None. RT qlj� May 91 1985 fi ABSENT: Commissioner Miller J. Dawkins .rr..r.rr.r.i�+.i...r�., itf...ir..iii:.ri..rr.►ir�rr���a.r�i.r�.rti.-�-r..+r.rrr.a��.��a �i,.�.ii 74. BRIEF COMMENT: COMMISSIONER PEREZ CONVEYS 70 ADMINISTRATION COMPLAINTS RECEIVED FROM CITY RESIDENTS RE. HALF BALLS WHICH ARE PLACED ON LAWNS TO AVOID IMPROPER PARKING. DEFERRED* Mr. Perez: Mr. Mayor, I have received in the last few weeks a lot of calls from people who have to come in before the Code Enforcement Board. they have a lot of complaints about the balls that they place in front of the house. In accordance with regulation 2020.22... Is Sergio Rodriguez around here? Mr. Pereira: Yes, Sergio is here. Mayor Ferre: This is no time for pocket items, it is late in the night, we'll deal with that at the next meeting. Mr. Pereira: If you can give me the information I'll be glad to look into it. 75. BRIEF COMMENT: REGARDING NECESSARY ADVERTISING OF TWO VACANCIES PRESENTLY EXISTING IN THE CIVIL SERVICE BOARD. Mayor Ferre: By the way, the Civil Service Board is coming up, we're going to have two vacancies and I think even though we don't have to we ought to advertise that there are two Civil Service Board vacancies. Would you do that, advertise so that everybody has an equal opportunity? Mr. Pereira: Yes, we will. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 10:02 P.M. Maurice A. Ferre M A Y 0 R ATTEST: Ralph G. Ongie CITY CLERK Natty Hirai ASSISTANT CITY CLERK it IQCORORlT[� * O 1• �0 203 May 9, 1985 N14 CI'E�Y OF N�IAR�11 DOCUMENT } 1 waR ORICIt'p x NDE-- ITM No DOCLOVIT IMWIFICATION RECOMMEND TO APPROVE FINDINGS OF SURVEY OF POTENTIAL CO -TENANTS OF PROPOSED MIAMI INTERNATIONAL BUSINESS CENTER. AUTHORIZE CITY ATTORNEY TO FILE A LAWSUIT AGAINST SANTA MONICA, CALIFORNIA, POLICE CHIEF, ETC. REGARDING SENDING OF CRIMINAL TO MIAMI REQUESTING FEDERAL LEGISLATION, INJUCTION ACTION, ETC... EXPRESS FULL SUPPORT OF PRESIDENT REAGAN IN REGARD TO THE TRADE EMBARGO RECENTLY IMPOSED AGAINST NICARAGUA. PROCLAIM/DECLARE WEEK OF JUNE 30 TO JULY 4, AS "THE FAITH" WEEK IN THE CITY OF MIAMI. WAIVE FEE FOR MARINE STADIUM. ALLOCATE $50,000 TO THEODORE ROOSEVELT GIBSON MEMORIAL FUND UNITY AND COMMUNICATIONS CENTER (JUNE 1, 1985 - MAY 31, 1986) ETC... AUTHORIZE COCONUT GROVE ARTISTS GROUP TO HOLD SUMMER SEASON ART SHOW SERIES ON COM- MODORE PLAZA ( THREE DATES TO BE SELECTED: MAY, JULY AND AUGUST 1985). ACCEPT BID AND NEGOTIATE LEASE OF CENTRUST REALTY COMPANY LEASE GROUND FLOOR RETAIL SPACE IN MIAMI CONVENTION CENTER PARKING GARAGE. APPOINTEE: ANA MARIA CARNESOLTAS AND BARBARA ANN IBARRA TO THE CITY OF MIAMI COMMISSION ON THE STATUS OF WOMEN; PROVIDE FOR STAFF PERSON, OFFICE SUPPLIES, BUDGET, ETC... ACCEPT RECOMMENDATION FOR THE SELECTION OF CAN-AMERICAN REALTY CORPORATION AS DEVE- LOPER OF PARCEL 37 WITHIN SOUTHEAST OVERTOWN/ PARK WEST REDEVELOPMENT PROJECT PHASE I; ETC.... iNETiNli DATN MAY 9, 1985. SSION 'TON AND 85-642 85-466 85-470 85-471 85-473 85-474 85-475 85-476 85-478 I YJ DOCUNIENT�lNDEX CONTINUED 1 o0upeoft lufftintalon ALOCATE $45,000 TO COVER NECESSARY EXPENSES 85-479 INCURRED BY THE MIAMI POLICE OVERTOWN ATHLET- IC PROGRAM. ACCEPT COMPLETE WORK OF JOE REINERTSON 85-480 EQUIPMENT CO. ($789,774.79) FOR LYNWOOD SANITARY SEWER IMPROVEMENT DISTRICT - SR- 5487 C AND S. CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION 85-481 OF KOUBEK SANITARY SEWER IMPROVEMENT IN K. S. S. I. DISTRICT SR-5477-S (SIDELINE SEWER). CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION 85-482 OF KOUBEK SANITARY SEWER IMPROVEMENT IN KOUBEK SANITARY SEWER IMPROVEMENT DISTRICT SR-5477-S. ALLOCATE $2,000 IN SUPPORT OF THE TRINIDAD 85-483 AND TOBAGO ORGANIZERS FOR A CARIBBEAN CUL- TURAL PROGRAM TO BE HELD AT GUSMAN CULTURAL CENTER (MAY 24, 1985). ALLOCATE $12,000 IN SUPPORT OF THE WEEKEND 85-484 CONFERENCE ON' CARICOM SPONSORED BY SOUTH FLORIDA BUSINESS LEAGUE HELD ON MAY 24 - 25, 1985. ALLOCATE $7,000 IN SUPPORT OF THE ASSOCIA- 85-485 TION OF LATIN AMERICAN ART AND CULTURE, INC. TO COVER THE COCONUT GROVE EXHIBITION CENTER RENT FOR A THREE-DAY CHILDREN'S FESTIVAL (MAY 24 - 26, 1985). AMEND CONTRACT AGREEMENT WITH SMALL BUSINESS 85-486 OPPORTUNITY CENTER, INC. FROM $37,750. TO $46,000 CONTINUING A NIGHBORHOOD ECONO- MIC DEVELOPMENT PROGRAM IN LITTLE HAVANA COMMERCIAL DISTRICT. ALLOCATE $7,270 TO SEND DISADVANTAGED YOUTH 85-487 TO SUMMER CAMP IN LAKE PLACID, FLORIDA (JUNE 23 - AUGUST 24, 1985). .%� 1 DOCUMENTINDEX ESTABLISH TEMPORARY PEDESTRIAN MALL BY CLOSING CERTAIN STREET IN COCONUT GROVE AREA THROUGH TRAFFIC DURING THE PARADE HELD ON JUNE 30, 1985. ACCEPT COMPLETED WORK OF GREEN'S POOL SERVI- CE ($21,811.78) FOR EDISON POOL. ALLOCATE $100,000 IN LOTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO IMPLEMENT LATIN QUARTER COMPREHENSIVE FACADE TREATMENT CENTER. AUTHORIZE THE ISSUANCE OF WASTE COLLECTION LICENSE, PERMIT WILLIAM JOHNSON D/B/A WORLD SANITATION, TO COMMENCE DOING BUSINESS, ETC..... AUTHORIZE THE PURCHASE OF B-20 MICRO COMPU- TERS, PRINTERS, AND ASSOCIATED PERIPHERAL EQUIPMENT FROM BURROUGHS CORPORATION UNDER AN EXISTING STATE OF FLORIDA CONTRACT (;280,003) ETC...... AUTHORIZE TO ACCEPT EIGHT (8) DEEDS OF DEDICATION FOR HIGHWAY PURPOSES. APPROVE THE RECORD OF SAID DEEDS IN DADE COUNTY PUBLIC RECORDS. AUTHORIZE THE EXECUTION/DELIVERY OF CITY OF MIAMI FLORIDA HOUSING BONDS (1984) ($100.000 TO REPLACE LOST BONDS). AMEND RESOLUTION 85-272 ADOPTED MARCH 21, 1985, WHICH ALLOCATE $10,000 FOR A FEE WAIVER FOR THE USE OF THE MIAMI CONVENTION CENTER ON MARCH 22-23, 1985, IN SUPPORT OF THE FIRST ANNUAL PROFESSIONAL FOOTBALL PLAYERS CHARITY BASKETBALL TOURNAMENT; ETC.... AMEND RESOLUTION 85-280 ADOPTED MARCH 21, 1985, WHICH ALLOCATE $15,000 TO THE SOUTH FLORIDA ECONOMIC OPPORTUNITY DEVELOPMENT COUNCIL, INC. TO PROVIDE TRAINING FOR JOBS IN THE CITY OF MIAMI. 85-492 85-493 85-494 85-495 85-496 85-497 85-499 85-500 §901 �L ENT�lN D E X_ CONTINUE-.,,. VNIPCOR UtfairICAY10N APTIam D � ACCEPT BID OF HECTOR TURF, INC. FOR FUR- 85-501 NISHING ONE GREENS AERATOR FOR DEPARTMENT OF PARKS AND RECREATION ($6,311.50). ALLOCATE $81,846 TO THE DEPARTMENT OF 85-502 PARKS AND RECREATION FOR VIRGINIA BEACH FAMILY SPLASHDOWN DISCO '85 SERIES. AUTHORIZE CITY MANAGER TO EXECUTE AN AGREE- 85-503 MENT IN THE ATTACHED FORM WITH CRAMER, HABER AND LUKIS, P.C. (LEGISLATIVE CONSUL- TANT SERVICES) CONCERNING FEDERAL LEGISLA- TION. ALLOCATE $45,000 FOR SUCH SERVICES. AUTHORIZE CITY MANAGER TO ENTER INTO AN 85-505 AGREEMENT WITH TOUCHE ROSS & CO. (C.P.A.) TO EVALUATE PROPOSALS FOR UNIFIED DEVELOP- MENT PROJECT WATSON ISLAND. AUTHORIZE CITY MANAGER rO EXECUT3 A CON- 85-506 TRACT WITH E. P. IACONIS ($10,000) TO ASSIST IN PREPARATION OF DOCUMENTS DISPOSI- TION AGREEMENTS WITH SELECTED DEVELOPERS FOR SOUTHEAST OVERTOWN PARK WEST PROJECT PHASE I. ACCEPT A PROPOSAL: SLACK, SLACK, & ROE, 85-507 INC., MAI APPRAISERS TO APPRAISE FAIR MARKET VALUE BLOCKS 2 & 4, DUPONT PLAZA. AUTHORIZE CITY MANAGER TO ENTER IN A CON- 85-508 TRACT WITH FINANCIAL SYSTEMS ASSOCIATES INC. TO PROVIDE DESIGN SPECIFICATIONS TO IMPROVE CITY'S FINANCIAL ACCOUNTING SYSTEM ($49,995). ALLOCATE $25,950 TO THE FOURTH ANNUAL 85-509 CITY OF MIAMI YOUTH BASEBALL WORLD SERIES. AUTHORIZE CITY MANAGER TO ADVERTISE SALE 85-510 OF SURPLUS FILL MATERIAL ON VIRGINIA KEY; ETC.... �f AUTHORIZE CITY MANAGER TO EXECUTE AN AMEND- 85-511 MENT rO AGREEMENT WITH MANUEL G. VERA AND ASSOCIATES, INC. TO ENCREASE THE TOTAL COMPENSATION FOR SURVEYING SERVICES IN CONJUNCTION WITH CITY CONTRACTED CONSTRUC- TION PROJECT. �'DOCUMENTINDEX CONTINUED AUTHORIZE CITY MANAGER TO EXECUTE AND AMEND- MENT TO AGREEMENT WITH CAMPANILE AND ASSO- CIATES, INC. TO ENCREASE THE TOTAL COMPEN- SATION FOR SURVEYING SERVICES IN CONJUNC- TION WITH CITY CONTRACTED CONSTRUCTION PROJECT. ALLOCATE $15.000 TO FLORIDA HOUSING COOP- ERATIVE, INC. FOR "FLORIDA COOPERATIVE HOUS- ING FORUM" (JULY 11-12, 1985). ACCEPT BID: A. CLEANING ASSOCIATION FOR CUSTODIAL SERVICES AT MANUEL ARTIME COMMU- NITY CENTER ONE YEAR RENEWABLE ($30,193.44). ACCEPT BID: REAGAN EQUIPMENT CO. TO FUR- NISH/INSTALL AN EMERGENCY GENERATOR SET TO THE DEPARTMENT OF BUILDING/VEHICLE/MAIN- TENANCE ($22,012.). ACCEPT BID HEWLETT PACKARD CO. NISH A MICROWAVE FRECUENCY COUNTER, ($46,345.) TO FUR - ETC... ACCEPT BID: INFOTRON SYSTEM CORP. TO FUR- NISH THREE (3) COMMUNICATION NETWORK CON- ZENTRATORS TO THE DEPARTMENT OF BUILDING/ VEHICLE/MAINTENANCE ($140,333.) DIRECT CITY MANAGER TO PROCEED WITH THE :ONSTRUCTION AND IMPLEMENTATION OF BAY - FRONT REDEVELOPMENT PROJECT, ETC... 4LLOCATE $15,500 IN SUPPORT OF THE MIAMI- DADE TRADE AND TOURIST COMMISSION TO ALLOW PHEM TO OPERATE ITS PROGRAM OF ACTIVITIES; ETC.... �LAIM SETTLEMENT: JOHN PELL ELLIS $50,000. RELAX LIMITATIONS ON THE DISPLAY OF FIRE- aORKS TO ALLOW PYROTECHNIC DISPLAYS IN rHE MIAMI MARINE STADIUM UNTIL 12:00 MID- VIGHT ON MAY 16, 1985. 3XPRESS FULL SUPPORT OF ANTI -COMMUNIST ?OSITION PRESENTED BY ERNESTO DE LA FE [N THE "PRIMERA DEMOCRACIA CONTINENTAL 70MBATIENTE CONFERENCE" HELD IN SAN SALVADOR. IjbVrF'Aj 09 8 VFW w%& I " 0 gp v mim 85-512 85-513 85-514 85-516 85-517 85-518 85-519 85-521 85-522 85-523 85-524 aw