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HomeMy WebLinkAboutCC 1984-09-05 Minutes0 r 41 IVA V JA I P11*61 U� INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA SEPTEMBER 5, 1984 ITEM SUBJECT LEGISLATION PAGE NO. NO . 1 RECOGNITION OF VISITING JOURNALISTS FROM SOUTH AMERICA DISCUSSION 1 2 DI3CUS3ION OF RESULTS OF CHARTER AMENDMENT ELECTION DISCUSSION 1-4 3 DISCUSSION OF FUNDING FOR POLICE SUB-3TATIONS. DISCUSSION 4-5 4 DISCUSSION, OF BUDGET HEARINGS, DOWNTOWN DEVELOPMENT AUTHORITY, PROPERTY VALUES ON BRICKELL AVENUE. DISCUSSION 5-11 5 DISCUSSION AND FIRST READING ORDINANCE: STRONG MAYOR FORM OF GOVERNMENT TO BE PLACED ON NOVEMBER BALLOT. 13T READING 11-27 MINUTES OF SPECIAL MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 5th day of September, 1984, the City Commission. of Miami, Florida, met at its regular meeting place in. the City Hall, 3500 Pay,. American. Drive, Miami, Florida in Spe- cial Session to consider business of public import. The meeting was called to order at 10:30 O'Clock A.M. by Mayor Maurice A. Ferre with the following members of the Commission found to be present: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre ABSENT: Commissioner Joe Carollo Vice -Mayor Demetrio Perez, Jr. ALSO PRESENT: Howard V. Gary, City Manager Lucia A. Dougherty, City Attorney Ralph G. Or.gie, 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. RECOGNITION OF VISITING JOURNALISTS FROM SOUTH AMERICA. Presentation made to distinguished visiting Journalists from other countries in this hemisphere. -ii---r-ir--r-----rrii i iii i ii 2. DISCUSSION OF RESULTS OF CHARTER AMENDMENT ELECTION. Mayor Ferre: Good Morning, Ladies and Gentlemen. This is a Special City of Miami Commission meeting for the purpose of discussing and voting upon, if there is a majority, First Reading on an ordinance changing the Charter, Amendment Humber two, with regards to the Executive Mayor form of government, City of Miami, and before we get into that, Mr. Clerk, what were the preliminary tallies last night on the Charter Amendments which were voted or. yesterday? Mr. Ongie: The "yes" vote was 20,152, which is 0;9.95x, and the "no" votes were 8,654,which is 31.05%. Mayor Ferre: All right, Madam City Attorney, where do we now stand legally on this? What happens next? Mrs. Dougherty: Mr. Mayor, there is a lawsuit pending, challenging the legality of such a Charter amendment, based on both substance, saying that that the Charter Amendment d ''1 . A contains substantive charges, as well as procedural defects in the package. That lawsuit is pending before Judge Henderson. If the Plaintiff sets down a hearing, we will go ahead and hear that case. In the meantime, we will proceed under the present Charter until that is actually cleared up. Mayor Ferre: Let me understand this property, then.. You said that the issues are both substantive and procedurally. Mrs. Dougherty: Yes. Mayor Ferre: Now, by substantive, as I understand it, the people who are suing, Dr. de los Reyes and Wellington. Rolle are suing, saying that we are it effect, doing more more than grammatical and syntax charges, but are in effect, changing important things within+. the Charter itself. Now, I have asked your predecessor, but I have not asked you on the record, and I just wart to do this - put on the record. I assume that it is your opinion that ... I am sorry, what is your, opinion with regards to the substantive charges? Mrs. Dougherty: I don't believe there are any substantive charges. Mayor Ferre: In. other words you concur with your predeces- sor? Mrs. Dougherty: Yes, sir. Mayor Ferre: You believe that there are no substantive charges in what the City of Miami has attempted to do and what the voters of Miami voted for more than two to one. Mrs. Dougherty: Yes, sir. Mr. Mayor. Mayor Ferre.: Okay, with regards to procedural, what is the procedural question.? Mrs. Dougherty: They have contended that the title was ambiguous to accurately reflect what the charges were, Number one, and secondly, that notice was not properly given. That, is the notice that was given did not reflect the place where the document could be inspected. Mayor Ferre: What is our position legally on that? Mrs. Dougherty: We know that there is at least one notice that did in, fact accurately reflect where it could be in- spected. I would just as soon not discuss our defenses, if you wouldn't mind. Mayor Ferre: When. would Judge Henderson hold a full fledged hearing? Mrs. Dougherty: That date is not determined yet. We should find out today. Mayor Ferre: What do we now do on the canvassing? Mrs. Dougherty: We will canvass the election. tomorrow. Mayor Ferrer: As I understand it, you told Judge Henderson that we would not do any canvassing until ... Mrs. Dougherty: I don't believe we told Judge Henderson that. Mayor Ferre: Oh, I see. I was under a misunderstanding. In other words, we can't canvass. Once that is done, in effect, we have legalized the election. AT 2 Satpttbsr►. Mrs. Dougherty: That is correct. Mayor Ferre: So then it becomes formalized, once this Commission canvasses and approves it. Mr. Plummer: No. Mrs. Dougherty: Unless Judge Henderson. ... Mayor Ferre: Oh, unless Judge Henderson. overrules. Mrs. Dougherty: Yes. Mayor Ferre: Sure, but as you and I know, J. L., from the long experience around here, practically, it is very diffi- cult for a Judge to overturn the elective will of a majority of an elected body. Mr. Plummer: Well, as I see it, it is simple. Tomorrow we canvass and certify the election and approve it. I assume the Judge will either do something, or not, and if he rules in favor of the City, it is approved, and if he doesn't then we will go back and address the question. Mayor Ferre: But, that is where I am leading. If the Judge rules against us on a procedural basis - if he rules against us on a substantive basis, I think we have got a more com- plicated problem. Suppose he says "Okay, substantially, this is a grammatical correction and there is no major deviation and substantially I am in agreement with what is being done, however procedurally, the title, you should have put a comma here, or it is not explicit enough under the constitution., and therefore, I think I will have to invali- date the election.". Now, the question to you is, do we have to now wait for next year, or do we have time to do it in November? Mrs. Dougherty: You do not have time to do it for November. Mayor Ferre: So, it would have to be then done next year? Mrs. Dougherty: Or any Special Election in between then. Mayor Ferre: No, we are not going to call a Special Elec- tion. We are rot going to spend $80,000 or whatever it costs these days. Mrs. Dougherty: If there is a Special Election that coves up in the course between now and next November. Mr. Plummer: I understand the same group has filed a recall petition.. Mayor Ferre: Yes, but that excludes you and Carollo. Mr. Plummer: ... and Carollo because the State law that says that we have not beer elected for at least one year of our term. Mayor Ferre: Well, I haven't either until November, so technically that recall is deficient on the premise ... it is not one year, it is half way through your term. In other words, you have got another year, Plummer. The State law, if I an not Mistaken, says that an elected official cannot be recalled until after half way through his elected period. Mrs. Dougherty: I recall that it was one -Quarter way through, but I could be Mistaken. IT 3 Sett + ` If## Mr. Plummer: You are in trouble! Mayor Ferre: You will be too in November. Mr. Plummer: Let's see, a quarter of 14 years is ... ---....------------------------------------------------------- 3. DISCUSSION OF FUNDING FOR POLICE SUB -STATIONS. -------_---------------------------------------------------- Mr. Dawkins: The citizens of the City of Miami voted on the bond issue for building of two police substations, one in Liberty City and one in Little Havana. $5,000,000 was voted for each substation for a total of $10,000,000. Please have for me, at the next regular Commission meeting, a plan to isolate and have ready the $10,000,000 for the two police substations. As stated by Mrs. Range at the last Commission meeting, bond issues voted upor have a way of not being carried out as voted. Since the rumor has it that you won't be around after May, 1985, and since I may not be re-elected either in 1985, I want to insure that this money is ear- marked for the police substation., is in escrow and not touched for anything other than these police stations. If once the architectural work has beer completed, the bids have beer accepted and the frontage and equipment have been purchased, if there is a surplus of money, then and only then should that surplus be spent for other things. I would like for you to bring that back for me at the next meeting as to how you can escrow this money. Mayor Ferre: Commissioner, I agree with your police substa- tion, statement, but I think, and correct me if I am wrong, I don't think it was $5,000,000 per station. - what was the figure? Mr. Plummer: I was $5,000,000 for both. It is $2,500,000 Mr. Dawkins: No, sirf Okay, Mr. Manager, bring back the ordinance as it was passed at the next meeting also, sir. Mr. Plummer: As they say, let the record speak for itself. Mayor Ferre: Well, let's get that clarified. Mr. Plummer: It is a $20,000,000 issue. $5,000,000 was for radios, for the 800 frequency. Mayor Ferre: That was $9,000,000 for the communications system. Mr. Plummer: No, that was not just ... that was more than police, Mr. Mayor. The police aspect of it is $5,0009000. The total aspect is $7,100,000. Mayor Ferre: Yes. Mr. Plummer: And $5,000,000 of it was for the two substa- tions ... Mr. Dawkins: No, sir, Mr. Plummer. Mr. Plummer: Miller, if I an Wrong, I will stand corrected. Mr. Dawkins: Okay, let me correct you! IT 4 3opt"bor S. 1 4 q Mr. Plummer: I will stand corrected. The record will speak for itself. Mr. Dawkins: I am going to correct you, and then let you read it in the record. I distinctly sat here and said, and I put it in the record, that's $5,000,000 per station., and at that time Mr. Gary said "No, let's change the wording to up $5,000,000", and I said "No, $5,000,000 per each", and that is In the records and I will pull the records and have them for you at the next meeting, sir. Mr. Plummer: Well, Mary Woods typed those up. Mr. Dawkins: That is why she didn't beat , she didn't know how to write. Mr. Plummer: Not that Mary Wood. I am talking about exple- tive deleted, or whatever that was. Mr. Dawkins: Well, honestly though, I said ... Mr. Plummer: That is not the way I remember it. If the record so reflects, so be it! Mayor Ferre: The record will speak for itself, so I guess it is important to bring this information out and I would like for both the Manager and City Attorney to look at it, and ... Mr. Dawkins: Hold iti Why should the City Attorney look at, it Mr. Mayor? Mayor Ferre: It is a legal matter. Mr. Dawkins: Why is it legal? I mean, what is illegal about it? Mayor Ferre: Well, because, either what you are saying is correct, legally, or it is not correct, legally, and Commis- sioner Plummer is correct. Mr. Dawkins: But, I don't ... okay ... Mayor Ferre: Okay, fire, the City Attorney doesn't have to look at it. City Attorney, don't look at it. Mr. Dawkins: I am trying to get a clear opinion.. It is already voted upon ... Mr. Plummer: No, I wart the City Attorney to look at it. Mayor Ferre: Mr. Manager, will see that it is in proper legal form and tell the Commission after you confer with the City Attorney as to where we stand on it. ..,._.._.._---__-_-------------------------------.----------.�_;... K. DISCUSSION OF BUDGET HEARINGS, DOWNTOWN DEVELOPMENT AUTNORITT, PROPERTY VALUES ON BRIC[ELL AVENUE. ---- s---------------------- --.-_----_err.---_--_-._-- Mr. Plummer: Mr. Mayor, this is not for action, but I would lime to ask the City Manager, since we are going into budget hearings on Monday ... where are they, by the way? Mr. Gary: They will be starting on the 10th, and it will be at the ... I Mayor Ferre: Let's go over that schedule, because I will tell you, I ... Mr. Plummer: Where do they start? We've got a memo on it. Mr. Gary: Ed Cox's conference room - Building and Vehicle Maintenance Conference Room. Mr. Plummer: Have we got adequate parking this time? None of us are going to get towed away, or ticketed, or ...? Mr. Gary: Only friends! Mayor Ferre: Mr. Manager, the first one, as I remember, is Monday at 9:00 o'clock and it ends at 3:00 o'clock. Is that correct? Mr. Gary: September loth, 9:00 o'clock and it is at the 2nd floor of Building A Vehicle Maintenance Conference Room, which is on 20th Street at 15th Avenue. Mr. Plummer: That is a Budget Workshop. Mr. Gary: Yes, sir. Mr. Plummer: Okay. When are the other workshops? Mayor Ferre: Wait a minute, let's do it one at a time. Mr. Manager, we are talking about Monday, the 10th, from 9:00 A.M. TO 3:00 P.M., at the Mair.tenarce Building, right? Now let me ask you a question. Do you have a schedule for what you are going to take up first, and all of that? Have you distributed that, yet? Mr. Gary: Yes, sir, it is goirg out to all of the members of the Commission. Mayor Ferre: Manny, have I received that? Mr. Plummer: It went out yesterday. Mayor Ferro: What are we going to do on Monday? Mr. Gary: Monday we will meet in the same facility from 9:00 A.M. TO 5:00 P.M. Mayor Ferre: 9:00 A.M. TO 5:00 P.M, NOT 9:00 A.M. TO 3:00 P.M.? Mr. Gary: Yes, sir. First day is 9:00 to 3:00, second day is 9:00 to 5:00. Mr. Plummer: What is the second day. Mr. Gary: The llth. Mr . Plummer: On Tuesday? Mr. Gary: I will remind you that the City Commission agreed on these date& at a Commission meeting. Mr. Plummer: Yes, I understand. Mayor Ferro: Yes, but so I understand it, on the loth, which is Monday, are we going to take up the police? Mr. Gary: Police, Fire, Solid Waste, Public Works, Parks and Recreation.. IT ! Per 5 • 1 Mayor Ferre: In other words, the heavy ones come up first. Okay, now Tuesday we have a meeting ... Mr. Plummer: Excuse me, Mr. Mayor, wherv. you say the heavi- est one, I think without question this year the heaviest one Is going to be Sanitation. Where is that? On the first day? Mr. Gary: Yes, sir. Mr. Plummer: May I suggest that that be the first item of the first workshop, because 1 see that as very crucial. Mr. Gary: That's fine. Mayor Ferre: It is all right with me. You got any problems with that? Mr. Dawkins: No. Mr. Plummer: I think we have got to make some determina- tions there. For example, if the Commission kills curbside and kills the $160, you know, we can call a temporary halt until you go back and drive all of the management people crazy. Mr. Dawkins: And you got two votes for that now. I don't know about anything else. Mayor Ferre: To do what? Mr. Dawkins: To kill curbside and kill the $160. I am not going to let the Manager push roe in a corner when. I've got to be re-elected and tell people that I am pushing up their taxes by $160. He is going to have to do something better than that, so I am going to tell the Manager that he has to go find some money and I am not going to go out and tell the people who have to vote for me that they have got to find $160. Mr. Plummer: Mr. Mayor, I want to ask one other question, which I was going to ask before and 1 am going to want a recommendation., Mr. Gary. What disturbs me is State law, and I have to be disturbed from a City level, but it is State law and I understand State law. Over $1,000,000 of our budget in General Fund is now having to be recouped of the D.D.A. I would like an evaluation by the Administra- tion. It perturbs me - how much exactly is it? Mr. Gary: Well, it is $600,000 probably about $800,000. Mr. Plummer: I think you show more than, that in the budget. Okay, that money is coming out of General Fund, and I as a Commissioner, and I think everyone sitting here has to do some evaluation. I realize we cannot touch that D.D.A money, but I do also realize that we cannot increase our budget because of the 10 mill cap because of that not being included. Mr. Gary: Yes, and no. You can't touch the D.D.A. budget. Mr. Plummer: That's correot. We can't touch their money, but we can touch their budget. Mr. Gary: You can touch the budget and touch the money. Mr. Plummer: Fund. No, we can't take their money for General IT 7 340,0ar So Mr. Gary: No, but you can say to them, just as you do with us ... Mr. Plummer: Mr. Gary, here is my problem. Let me try to be a little bit clearer. Let's just hypothetically - right now there is a 10 mill cap with one-half a mill dedicated to D.D.A. which now has to be included in our budget. That really in effect, puts our budget at a millage cap of 9 and one-half, okay? Now, I am concerned about that. Mr. Gary: But you are making one mistake, and I agree with you - it technically puts us at 9 and one-half, but you can say that I will only give D.D.A. .2 mills, and therefore we have 9.8 mills, okay? Mr. Plummer:I understand that, all right, but effectively, what you are doing is dilling D.D.A., or strangling them to death without putting them out of business. I think each Commissioner sitting up here and there have been some as myself who have expressed their views about D.D.A. as to whether or not we wart to equate that $600,000 in a Police and Fire Department, which do we think is the greatest priority? And I want your administrative opinion as to that problem in. particular. Mayor Ferre: When you do your analysis, Mr. Manager, also include in it the increase in the property values in the downtown area over the past few years for Brickell and downtown, and how much that has contributed to the total welfare of the community and how much tax dollars and the millage that gives us, as compared to what we had and as compared to what the D.D.A. would be requiring. Mr. Plummer: I think that is a fair ... Mayor Ferre: I think you also reed, even though I think Miami may be unique ir, this, but I know that there are other - I was looking at the Charters now, and I was looking at the Charter of Portland, Oregon., and their downtown development authority is financed directly through General Funds, under the premise that business of Portland is down- town, and the more they can get builders to build, the more ad valorum taxes and sales taxes they get, and the more the coffers of the city fills up, and yet the expense of render- ing services there is not as great as the money coming in, and therefore there is a net revenue. I think it is impor- tant that you ask someone in your administration or at the D.D.A. to submit to you those cities around the nation where the D.D.A. budget comes from the General Fund. Mr. Plummer: And likewise, Mr. City Manager, I would like to have an evaluation of those D.D.A. monies that come only from the private sector or a combination thereof, because I think that is a legitimate situation. If their budget, for example, is $600,000 a year, we have the great Downtown Chamber who just raised $500,O0O for an advertising cam- paign. I think it would be will to think about the possi- bility the private sector, who benefits most in the downtown area could in fact come up either with partial, or total funding of the D.D.A. I think that is legitimate. My main ooncern still remains the same. By virtue of State law, the D.D.A budget now has to be included in our 10 will cap, which gives us less leeway to do the things that need to be done in this particular city. And I think there has to be a point of evaluation,. Mayor Ferre: I think you have a valid point, and the point, of oourse, comes to play when we get to the 10 mill cap. Until we get to the 10 will cap, it is a philosophical discussion, but when we get to the 10 will cap, then I think It becomes a practical problem. By that time, Mr. Manager, } as you know, we have a commitment from several people in the Y' d a IT 8epts t t+� Legislature to change the law, including the Governor, and we are going to work that or. that - the Legislators, the next legislative session. Mr. Plummer: Well, Mr. Mayor, I wart to put it on the record, I have no problems with approaching the private sector for possible funding. Mayor Ferre: As a matter of fact, J. L., in some American cities, it is the private sector that runs this downtown development authority, and government puts money into it, like a third or a half of the budget. I would have no objections to doing it that way, but then, I think we would have to totally drop whatever millage there is in the down- town area. Mr. Plummer: No question, but that eliminates my first problem. Mayor Ferre: And then we would have to, whatever monies we give then would not come out of the general budget. Mr. Plummer: Yes, but we still have that extra half a mill leeway for our general budget. Mayor Ferre: Okay, Mr. Manager, or the question, of Monday and Tuesday ... NOTE FOR THE REWORD: COMMISSIONER PEREZ ARRIVED AT 10:54 A.M. Mr. Plummer 10th & 11th. Mayor Ferre: I would prefer or. Monday, if it is all right with other members of the Commission, to work heavier or Monday, and the reason is, that I am going to have to be in Washington on Tuesday. I don't think that the budget work- shop should be postponed because of that. I think you all should all continue on that, but I would like to get as much in on Monday as possible. By the way, the reason. I am going is because the President is having a memorial ceremony for Hubert Humphery, who was a personal friend of mine and Mrs. Humphery has invited me, and Skip Humphery, his son. They made special invitation and they invited me to be here at the White House at 11:00 o'clock, so I really feel that I need to go to that. I apologize for not being here on the 11th, but I would like to work from 9:00 to 5:00 on Monday rather than 9:00 to 3:00. Is that all right with you, J. L.? Miller? Mr. Plummer: That means put all the important items or Tuesday and take the fluff on Monday! Mayor Ferre: Well, don't forget, you also have a third meeting, which is on the 18th, okay? Mr. Plummer: Our regular Commission is 13th and 20th. Mayor Ferre: Is the budget workshop on Tuesday at the sate place? Mr. Gary: Yes, air. Mr. Plummer: They are all three at the same place? Mr. Gary: Yes, sir. Mr. Plummer: Okay, and when are our public hearings on the budget? Mayor Ferre: On the 10th. Mr. Plummer: The 10th is also a public hearing? Mr. Gary: Yes, at 5:00 P.M. Mr. Plummer: Is that here or there? You have to leave over there and come here? Mayor Ferre: What is the purpose of that? Mr. Plummer: That is why we were quitting at 3:00 o'clock. Mayor Ferre: Well, could I recommend then, that we just have the meeting here? Is that a problem? Mr. Gary: Yes, I think it is. You are all geared up to do it there? Mr. Gary: Yes, can we take the meeting from September 10th from 9:00 o'clock to 4:30 o'clock, Mr. Mayor? That gives us time to come back over here. Mayor Ferre: That will be all right. I've no problem with that, do you? Mr. Plummer: 4:30? We've never be here by 5:00 P.M. 4 Mr. Gary: Oh yes, traffic - 4:00 P.M. Mayor Ferre: All right, on the 11th. Or, the 12th we have nothing, correct? Why did we choose the 12th over the 11th? Any reason.? Mr. Gary: You all were going through your calendars. Somebody had a problem. Mayor Ferre: I will not be here on the 1th, and I will be on the 10th and the 18th, which is the last one. On the 18th, Mr. Manager, where is that meeting going to be? Mr. Gary: Same place, Mr. Mayor, the Building A Vehicle Maintenance Conference Room. Mayor Ferre: That is from 12:00 noon to 3:00 P.M.? Mr. Gary: 9:00 A.M. until 3:00 P.M. Mayor Ferre: It says 10:00 A.M. Mr. Gary: Yes, sorry. 10:00 A.M. until 3:00 F.M. Mayor Ferre: So it is 10:00 A.M. TO 3:00 P.N., right? Mr. Gary: Yes, sir. Mr. Plummer: When is the second Public Hearing? Mr. On the 18th. Mayor Ferre: At 5:00 P.M., right? Mr. Gary: Yes, sir. F Mr. Plummer: That gives us 12 days to work it before adop. tion on the tat. x Mayor Ferre: Anything else on the scheduled seating? IT 10 Septe"Or . �'� Mr. Gary I just wondered - you said it was all of the meetings. On the schedule I put in all of your meetings for that month of September, and as an example or. September 18th at 4:00 P.M. you have a Special City Commission meeting which you have called. It is the Second Reading of the bond issue - the Parks A Recreation bond issue, as well as the housing bond issue. It is all in the schedule. Mayor Ferre: Any questions or any problems? 5. DISCUSSION AND FI23T READING ORDINANCE: 3TRONG MAYOR FORM OF GOVERNMENT TO BE PLACED ON NOVEMBER BALLOT. ------------------------------------------------------------ Mayor Ferre: All right, we have before us now an ordinance on First Reading, and I would like to Lucia Dougherty to kindly guide us through it, and I asked you to prepare it. Lucia, would you take us through the proposed Charter Amend- ment on First Reading? Assuming that there are three votes on this, you will have an opportunity then., to read this today and to meet tomorrow again. for Second Reading? Mrs. Dougherty: Yes sir, Mr. Mayor. You have before you two ordinances on. believe - one that was passed out by the Administration. ar.d I can briefly run through it. It is described in an memorandum dated August 28th from me, and you have a second ordinance that was prepared last evening with a memorandum described by September Uth. The second ordinance encompasses the first ordinance with some modifi- cations. Essentially, the first ordinance provides that commencing in. 1987, the Commission is expanded to nine members. Now, it is to be called - six will be elected from districts for two year terms and three will be elected at large for four year staggered terms. A boundary committee will be established in. January, 1986 to establish the ini- tial districts. The Mayor will appoint four people. You will appoint, first of all, a Director of Administration who will supervise the provision of services such as fire, police, sanitation and zoning; a Director of Finance and Budget to oversee the fiscal requirements of the City and a Director of Development to implement long range and communi- ty development and the City Attorney. This will be with the ratification of the Commission. Mayor Ferre: Let me explain where that comes from. In going over all these different cities - Philadelphia, Newark, Boston, Cleveland, Atlanta, so on., no two of them are the same. They all have a different format, but most of these cities, I think the better ones, anyway, have what is called a Chief Administrative Officer, or a City Administra- tor. Now, in some places, like for example, Philadelphia, Wilson Goode, who is now the Mayor of Philadlephia was the City Administrator before he ran for Mayor and won. But, in Philadelphia, you have a City Administrator. You also have a head of finance and budget, and now, Howard, when you and I talked about this and the way it works in Newark and what have you, the difference between. Philadelphia is that in Philadelphia, there is a clear out distinction between the financial function and budgetary function., and if you have it one on one, then there is a question as to the , whereas this in effect, puts the thrust of that responsibil- ity onto two people, in other words, a Director of Admin.i- stration and a Director of Finance, and separates those functions, and in the corporate world, that is the way it is basically done. And the third position that I inserted in there, Director of Development, the thought there is that Miami must become a pro -active city in development both in RT 11 September §, 19$4 trade and commerce, international trade, high-tech, movie industry, garment industry, and all the things that we presently have - international trade and commerce banking. The thought there is that that should really be a separate entity all by itself, and in discussing this with some of the people in the Chamber of Commerce, the idea was rather than to have one on one, it would be one on three, and there would be three distinct functions. The fourth function would be the City Attorney, who traditionally reports in strong Mayor communities to the Mayor, so in effect, the Mayor would have four people reporting to him, one for services to the Administration, one for Finance & Budget, one for development of future items, and one person that would deal with the legal matters of the City. That is not too un.similar to what Philadelphia has, and that is just an explanation as to how that came about. Go ahead, Lucia. Mrs. Dougherty: The Mayor. would appoint one or more people to fill those director positions. Each such director would have at least five years of high level governmental experience or equivalent private sector experience. The Clerk would be appointed and supervised by the Commission.. Mayor Ferre: Let me interrupt in that. In. the previous draft, you had the Clerk reporting to the Mayor, and in every one of these charters that I have read, the Clerk always reports to the legislative body, because in effect, it is the secretary. It does the secretarial function of the legislative body and therefore really should report to the Commission. Mr. Dawkins: Since we are getting clarification, can I go back to districts, since we seem to reed clarification. Under the districts, in the first place I have to say that I don't think that as important as this is, that we should be voting before districts are outlined. That is my first concern.. The second concern is, why is it that as costly as elections are costing and becoming, that we are deciding that Commissioners must run every two years. What is the logic to that? Mrs. Dougherty: The way that this is set up now is you will have six district Commissioners which will run for two years, and three at -large Commissioners which would be staggered four year terms. The district Commissioners will serve part time and the four year staggered at -large Commis- sioners will be full-time Commissioners. Mr. Dawkins: What is the logic that makes us, since we are going to change to another form of government, would make becoming a Commissioner more expensive for a CO®missioner to run every two years. By the time the Commissioner gets entrenched and able to do something, he has got to stop and start campaigning. I mean, I just don't see - why must we change from a Commissioner for four years? Mayor Ferre: Let me give you, since I am the author of it, would you like to hear it from me or do you want to hear it . . . Mr. Dawkins: I don't care who. I mean, anybody who can enlighten me on it, I would appreciate it. Mrs. Dougherty: Well, those are policy decisions and I would have to defer that to the Mayor. Mayor Ferre: I will give you the logic of the process. My initial reaction, looking at the demographics of Miami the way they are now, is to divide it into five. It is my intentions, so that we understand each other very clearly, RT 12 Septemb*r , that out of those five, if you will notice, it give prefer- ence within the constitution and the laws of United States in the State of Florida, within the constitution and the laws, to give preference to neighborhood and ethnic divi- sions and it emphasizes ethnicity over neighborhoods. Now, the reason why I am writing it that way as a clear mandate in our constitution, is so that the people who will be making the districts will have a clear mandate that they must give priority to ethnicity, and the reason for that is so that of the five votes, it was my opinion that one would definitely be the Black seat, because the majority of the voters would be Black, and a second would be an An.glo White seat, if you will, so that there would be a guaranteed balance in the Commission.. In discussing this with people who are very knowledgeable in politics in this community, it was recommended to me that I should re -look at the figures and that perhaps six would be better than five, because there would be a clearer guarantee of at least two, and perhaps three of those seats being balanced. The reason why then the at large seats went from four to three is because a nine person. Commission is considered large enough for a city the size of Miami - and by the way, over 90% of cities this size have Commissions of nine, seven or nine. There are very few Commissions in. America that are five, of any city of any consequence. In. fact, I think we are the only one. Therefore, it would leave three at large, and the difference between at large and districts - ore of the things that I have noticed wherever I go, whether it be Boston, or Atlanta or San. Francisco, is that when you have full time adminis- trative and legislative policy makers, you have a better Commission. Now, this would give an individual an opportu- nity, if he wishes to run from a district to be part time, so if for example a prominent lawyer or doctor, educator, admininistrator, professional, wants to be a part time Commissioner, he or she can do so by running in a district. Now, if on the other hand, he or she wants to be paid full time, and work full time on the job, then that person would have the opportunity to run on a full time basis but he or she would have to submit themselves to a city-wide electoral process. Now, that would then give us a balance of six and three. Now, the salary, which has not been discussed yet. My first thought was to have it on a more flexible kind of a basis. Several of the people again I consider knowledgeable in politics and government in this community recommended that it should be a clear type of thing so as to avoid confusion, and as a consequence to that, it goes like this - the Mayor, who would now be the elected Manager, if you will, would make up to 100% of what the County Manager makes. The president of the council, who would be full time (and Lucia, you have to put that in there) would make 60% of whatever the elected Manager makes. Mr. Plummer: Can you stop there for a minute? You need to stop there and we will come back to it. Mr. Mayor, I have a real problem with that, and the reason I have a problem with that, is let's just use the present numbers of what we are looking at. For round figures, $100,000 for the Mayor, $60,000 for President of Council, which means that he would be making less than most of the Assistant City Managers. Now, if you are going to have a good, full time President of Council, I have the feeling that he should make, as a full time person, as much as the Mayor. Now, that is my feeling, Mayor Ferro: I'll tell you, J. L., I think if you go around cities in America, what you find is this. where the Presi- dent of Council has as much power as the Mayor, you have a ■ess. Mr. Plummer: I am not saying powerl IT 13 ? 1 O Q Mayor Ferre: I'm not saying power, I am saying salaries. Mayor Ferre: Yes, but you see ... I think if you want to make it SOX, I would accept that, but I don't think that we ought to go much over that. Now, the full time members of the Commission, who would then make, under this proposal, 40%, in other words, $40,000, and the part time would make 20x, which would be $20,000. So, a part time member of this Commission would make $20,000. Mr. Plummer: I agree with that, with the exception of the President of the Council. Mayor Ferre: What do you think the President should get? Mr. Plummer: I think he should make as much as the Mayor. Mayor Ferre: No. I think that is going to create a real confrontation„ Mr. Dawkins: I think the whole thing is going to create a problem. How many members would get $40,000? Mayor Ferre: Three. Mr. Dawkins: Three?...anal the other six make $20,000? Mayor Ferre: Yes. Mr. Dawkins: So, three times $40,000 is $120,000 and six times $20,000 is another $120,000, so right there we are adding $240,000 and you have got to raise taxes, the millage, right? Mayor Ferre: You also have to remember that you no longer have a City Manager. Mr. Dawkins: No, no, I am talking about what the raising for the nine Commission members will cost. If you are going to nine, you are just talking about the Commission members alone, $240,000. That does not include their staff, and other incidentals, so in order for this to go, you are talking about $500,000 just for the Commissions Mayor Ferre: And the question that goes with that is, what other efficiencies and savings would come .. . Mr. Dawkins: Would be projected. Mayor Ferre: ... would we have in that form of a government, and in those places where it works, like Boston, New York, Philadelphia, Houston, San Francisco... you know, Seattle, etc., how does it function there? Mr. Dawkins: Mr. Mayor, I only asked one question, and I haven't gotten an answer yet. What was the logic for going to two year Commissioners, and it would coat money. I haven't gotten an answer to that. NOTE FOR RECORD: COMMISSIONER CAROLLO ARRIVED 11:32 A.M. Mayor Ferre: It is the some logic that the founding fathers used in having congressmen go up every two years. If you are asking people to represent a neighborhood, which if You go to some sort of a district you would, then I think it is important that the electorate have the opportunity to change those people, if they are not happy with them, within a two year period. Now, if you are going on a regional, like if you go for U. S. Senate, or if you go for Mayer, then the whole city is voting, and therefore in those cases, you IT 14 3opto"w 5 would be a four year Commissioner. The logic of that is that in one case you represent one -fifth or one -sixth of the city in a neighborhood; in the other case, you represent the whole city, and therefore you should be full time, and you should run for a four year seat. You would have the choice. You as a Commissioner would have the choice to either run for a district, or run at large. Mr. Dawkins: By the same token, wouldn't it be logical for the Mayor the run every two years so if the people were rot satisfied with him, they could vote him out too? Mayor Ferre: Yes. Mr, Dawkins: That would be logical, if we are going for logic. Mayor Ferre: In every city except Cleveland, it is four years. The only two year city in America, the only large two year city is the City of Cieveland. The City of Cleveland is a mess. Mr. Carollo: Mr. Mayor, I think what the Commissioner is trying to say is really the $200,000 plus that we would be spending on the salaries of nine Commissioners is really going to be the same as what we are spending right now on the salaries plus benefits that we are giving a City Manag- er. You are talking approximately a little over $200,000 for each. The only difference is we are changing the $200,000 plus that the Manager makes in salary and benefits and we are going to transfer it to the Cormissioners. Now, I think Miami is rot the small town that it used to be, 30, 40 years ago, 50 years ago. Miami is becoming ore of the major cities in these United States. And if we are going to make sure that Miami progresses to truly become one of the ten major cities in these United States, then Miami is going to have rot a small town government with a small town mentality, then we are going to have to make sure that we can open up the electoral process to as many people as we can and right now, the system that we have really discriminates against the majority of Miamians. Why do I say discriminates? Because it is a full time job that doesn't ever pay a part time salary. It is sickening when you see that aides (our aides) are making $20,000, $20,000 Plus, $30,000 plus and the Commissioners still make $5,000. What does that do? That limits to a very small group of people, the people that can run for office, and what we need to do is open the whole process up so that anybody that would like to serve this community and would want to run for public office and put themselves up as a sacrificial lamb, which is what we do when we run for office, have that opportunity and would not be held back because of the economics of it, because then won't be able to work full time in the Commission., and hold a full time job somewhere else. Mayor Ferre: This is a document which I would hope between now and tomorrow you would have time to read and comment on, and I will of course open it up for any changes or modifica- tions or discussions that you might want. What I would like to do is just to get this on at First Reading, and then subject to changes that we would make tomorrow, as long as they are not substantive changes. We could vote on any changes tomorrow, and I would imagine that most of these changes we could ... Lucia, tell me, legally we could change this tomorrow, right? Mrs. Dougherty: 3o long as it doesn't so convert the ordi- nance to a new ordinance by making substantial changes. Mayor Ferre: Well, tell me what that means. In other words, if we want to go from the five to six districts, is that a substantial change? Mrs. Dougherty: I think that you should decide today how many districts you wart. Mayor Ferre: I see. Mrs. Dougherty: Shall I proceed? Mayor Ferre: Please. Mrs. Dougherty: All Commissioners are required to attend 75% of the regular meetings and 75% of each such meeting, or forfeit his office. City Clerk will certify the attendance of every meeting. Mr. Plummer: Question.. A Commissioner is in the hospital. Mayor Ferre: Other than ... Mr. Plummer: It doesn't say that. Mr. Dougherty: It does not provide for that. You are right. Mayor Ferre: Well, I think there has to be a provision for Mr. Carollo: Mr. Mayor, what I see about that is that if it is 75% in one month, in one week, in one year? Mrs. Dougherty: Every year, but every fiscal year. Mr. Plummer: Oh, you are talking about the 75% of the meetings. Mr. Carollo: Yes, how do you start timing the 75%? Mr. Carollo: She is saying every year. Mayor Ferre: In other words, the purpose of this is to enforce attendance at meetings, and it gives you a 25% leeway not to attend. In other words, you would have to be present at 75% of the meetings at the end of the fiscal Year. At the end of that fiscal year, you will have had to be at 75% of the meetings and be 75% of the time at those 75%. Mr. Plummer: Well, I think two provisions, Mr. Mayor, have to be written into the 75% attendance at a particular meet- ing. One, illness, and second, out of town on City busi- ness. Mayor Ferre: I accept that. Mr. Carollo: Third, funerals and security business! Mr. Plummer: Third, funerals and security. Very important! Mayor Ferre: All right, go ahead. I accept that. Mr. Dougherty: Mayor, City Attorney, and Directors of Administration, Finance A Budget and Development are re- quiried to attend all regular Commission meetings. Subjeoct to Commission ratification, the Mayor may select from one of those the four ... g"t 16t. : f 1 It Mayor Ferre: Or their substitute. I mean., suppose the Mayor is out of town and obviously it would be the Deputy Mayor, or the Director is out ... Mr. Carollo: If the Mayor is out of town, that is 25x, right? Mrs. Dougherty: Subject to Commission ratification, the Mayor may select from one of the aforementioned directors, a Deputy Mayor to serve in his or her absence. The Mayor is required to present an operating budget message at the same time he presents a budget. The Commission may make line item changes in the budget as presented. The Mayor may veto the line item changes, except for audit or personnel appro- priations and the Commission may override such veto by two- thirds vote. Mr. Plummer: Well, okay, hold on a minute. Maybe that is because of the two different things that I have here. Are we going radically different than the way budget is done today? In other words, budget is done today, the Mayor ... as I envisioned, the Mayor would present the budget, a balanced budget. The Commission would be the sole determi- nation as to that budget. As it stands today, the Manager has no say. He presents a budget, we the Commission., make the decision.. Mayor Ferre: The answer is no, it isn't radically differ- ent. This is the typical executive legislative body in. form. The same as the President and Congress, the same as Bob Graham and the Legislature, the same as Raul Martinez and council. The Mayor presents the budget, the Council. deliberates on it and it can change it on a line basis. the Mayor can veto on a lire basis. The Commission can override or a two-thirds basis. The same as Congress. Mr. Perez: But he mentioned forty-five days for the veto power. Mayor Ferre: It has to be a time lag. The reason why Lucia put forty-five days in. - I questioned her on why not thir- ty - is because sometimes we don't meet in thirty days, for example, in August. Mr. Perez: I think it would be logical no more than fifteen days. The President has that power for ten days. Mayor Ferre: I have no objections to doing it that way, and the Commission would have to call a Special Commission meeting. Mrs. Dougherty: We are talking about the veto now of a budget. I believe he is referring to the veto of the ordi- nance. Mr. Perez: I am talking about the budget, about the full veto power. Mayor Ferre: I have no problems with the veto being within fifteen days, provided however, that the override be at the next regular meeting. Mr. Dougherty: So, if you had a non -zoning item, you could bring it up on the zoning item agenda. Mayor Ferre: No, next regular meeting. If it is a zoning item, then it would be aT-£Fie _next zoning meeting. If it is a regular item, it would be at the next regular aeeting. In other words, what he is saying is, and that is the tradi- tional way of most cities, it is 15 days - fifteen calendar days. RT 17 gept►er So I Mrs. Dougherty: So, in other words, you have to veto within fifteen days and bring it back on the next agenda. Mayor Ferre: That is correct. Mrs. Dougherty: All right. The Mayor will establish the salaries for the above named directors, the City Attorney and all department heads. The Mayor and the majority of the Commission may call a special meeting ... Mayor Ferre: The Mayor, and/or. Mrs. Dougherty: ... anal/or the majority of the Commission. At large Commissioners ... Mr. Dawkins: Hold it right there. If the Mayor, or whoever calls a Special Meeting and the Commissioner does not at- tend, does that count for his 25% absence? Mrs. Dougherty: No, sir. Mr. Plummer: Just regular meetings. Mr. Dawkins: Okay, thank you. Mrs. Dougherty: All boards and committees, subject to the ratification of the Commission., will be appointed by the Mayor. The Mayor is further permitted to remove all City employees, directors ar.d City Attorney at will. The Mayor has a right to veto any ordinance passed by the nine member Commission. In the event of a veto ... Mr. Mayor, at this time I am going to have to charge this. We will have to veto within fifteen days and return it to the next appropri- ate agenda, whether it be zoning or regular agenda. Mayor Ferre: Lucia, I have two questions on qualifications. The first one is in. "Subject to Commission ratification, the Mayor may select from the among the aforementioned directors a Deputy Mayor." There has to be a comma after that. At the Republican Convention I learned the importance of a comma. Ms. Dougherty: Are you talking about at the memo or in, the ordinance itself? Mayor Ferre: I'm talking about the memo, I haven't read the ordinance language. In other words there has to be a provi- so in there that there is going to be a Deputy Mayor. Mr. Carollo: I have a problem with that word "Deputy May- or". Mayor Ferre: What do you want to call it? Mr. Carollo: Anything but Deputy Mayor because I think that you're going to start falling into an area that we don't want to get into. You're going to be calling a Deputy Mayor and individual that hasn't been elected by the public. Mayor Ferre: Well, what do you want to call it? Mr, Carollo: Deputy Director, Senior Director... Mayor Ferre: Okay, I accept that, I think that is good. I think he is right. Mr. Carollo: Or even Director of Administration like you had a top.... IT 1 Sptsb+�r►, 1 is Mayor Ferre: Well, there is already a Director of Admini- stration - Senior Director. In other words that there would be a clear out, one person would be chosen as the senior amongst them. Ms. Dougherty: So the Deputy Mayor will be referred to as Senior Director. Mayor Ferre: Senior Director. The Mayor will chose, subject to the Commission's ratification., the Mayor will select from among the aforementioned directors a Senior Director. Mr. Plummer: How about Assistant Mayor? Mr. Carollo: Assistant Mayor is the same thing as Deputy Mayor, you could get into that same grey area. Mr. Plummer: Assistant to the Mayor. Ms. Dougherty: We have already discussed the salaries for the Chairman of the Commission and the Mayor... Mayor Ferre: I will accept Plummer's recommendation that the President of the Commission ought to make more than. 60%, I would go up as high as 75, I don't think we should go up to 100%. Ms. Dougherty: And subject to those, subject to what I have earlier discussed, that is the six districts with two year terms and the three at large with four year terms the Dis- trict Commissioners fulfilling part time positions and the at large Commissioners being full time positions and the salaries as earlier discussed, those are the total charges. Mr. Carollo: What are the total changes again, to be sure? Ms. Dougherty: The charges from the two documents that you have before you, that I have interlineated on this one document, and will go through them if you prefer, are that there will be 6 districts instead of 5, 3 at large districts which will be staggered 4 year terms and the 6 district ones will be 2 year terms. The districts will serve part time, the at large Commissioners will be full time and the sala- ries are specifically delineated as 40% of the full time Commissioners and 20% of the Mayor's salary for the part time Commissioners. Mr. Carollo: Okay, the Mayor's salary will be again? Ms. Dougherty: It will be a maximum of 100% of the Dade County Manager's salary. Mr. Plummer: Who sets that? Ms. Dougherty: The Commission. Mr. Plummer: In other words that figure, in effect, is it shall not exceed. Ms. Dougherty: Correct. Mr. Plummer: Well, I mean let's be ridiculous. To the extent, the Commission could say - Okay, the Mayor makes $10,000 a year. Ma. Dougherty: That's right. Mr. Carollo: Okay, so it is 40% for the at large, whatever the Mayor makes and 20%.... !t? 19�1r Mr. Plummer: No, not of what the Mayor makes is it? Mayor Ferre: Yes. Mr. Plummer: It is of the Mayor rather than the Metro Manager? Ms. Dougherty: Yes. The Mayor makes up to 100% of what the Manager makes. Mayor Ferre: They're tied so you won't be able to do that, J. L. In. other words unless you out your own salary down. See, if Demetrio Perez or Joe are making $100,000 and you're making $75,000, and if you wart to play games with the Mayor and you out it down to $25,000 you're cutting your own down. Ms. Dougherty: I have those in.terlin.eations of those dis- tricts and the full time and part time on this document, I can run through them or we can pass it on First Reading with this document as being the official document. Mr. Dawkins: Madame City Attorney, usually what is a quorum usually? Ms. Dougherty: It is a majority usually. Mr. Dawkins: Okay, well why is it of the nine member com- mission we are saying here that a quorum is 7? Ms. Dougherty: I don't recall that being in here. Mr. Dawkins: Turn to page 5, in the middle of the page. Ms. Dougherty: That is the quorum of the Boundaries Commit- tee. And the reason. I left it at 7 is because depending on whether or not this Charter Amendment gets passed it is going to increase. For example, presently you've got 5 Commissioners and you each appoint one person and then there is 4 at large or 4 that are delineated, that would be 9. However, if you are increased by 9 you'll have 9 appoint- ments plus 4 others and that is the reason that is left there. Mr. Carollo: The only area, Mr. Mayor, that lets discuss in the open, when officially, I mean we're supposed to be part time now but we all know we're all full time. But when you place the official title that you are full time that means that people rightly so are going to expect double full time work from you. Instead of putting maybe 40 hours a week at this or more, you're going to be putting double. So, I don't know if 40x of what the Mayor makes, I would say at least 50%, Mr. Mayor. Mayor Ferre: Okay, I accept 50%. Mr. Plummer: Well, let me tell you another problem, and I thin we'd better talk about it. Mayor Ferre: Look, let's talk about what you're talking about. In all probability, to attract the kind of people, you know, I told Francina Thomas who was asking me who was going to run for Mayor in 1987, and I told her, you're sure you won't change your mind, I tell you right now and I will ask* a sworn statement I will not run for that office. Mr. Plummer: What does never mean never? Mr. Carollo: You've said it before, Maurice. IT 20 �k St �eNlb�r aM N Mayor Ferre: Yes, but I didn't swear to it. Anyway, I said it all depends on what you pay. If you pay $60,000 or $70,000 - let's take, for example, someone like George Knox. I think if you pay $1000000 a person like George would be interested in running for that office. And if you pay less than that I don't think it is reasonable. Why? Because that's what he makes in his private practice. Anybody, the kind of person that you want you're going to have to pay that kind of money to get the kind of people you're going to want to be the chief executive of this community. Mr. Plummer: But Maurice, let me go a little further. Let me use myself as an example. Maurice, there is no way in my scale of living today that I could accept a full time Com- mission job where it is the 40% or 50%. Okay? As I just told Demetrio, I could afford it, my children_ wouldn't stand still for it. Mayor Ferre: Would you accept 75%? Mr. Plummer: No, sir, I couldn't. Mayor Ferre: Would accept 100%? Mr. Plummer: 100%, yes, I say. Mayor Ferre: Well then run. for Mayor, Plummer. Mr. Plummer: No, Maurice, listen to me. What I am saying to you is this. Mr. Carollo: Plummer, the funeral business over at Bird Road or Flagler isn't that good. Mayor Ferre: It's that good. Mr. Plummer: Well, that's the second point I wanted to go into in this same area. When you say a mar, is full time, does that bar a second employment? Mayor Ferre: J. L., does the Governor have a second employ- ment? Mr. Plummer: Is he prohibited from it? I don't know. Mayor Ferre: No, of course not. As you know, he has in- vestments in Sengra and all kinds of different things. But what he is prohibited from doing is being a vice-president for Sangre like he was before he got elected. Mr. Plummer: Okay, you will recall when they made the City Attorney full time with no other outside employment - it was definitely prohibited. Mayor Ferre: Listen, I would imagine that anyone who is going to administer this City is going to have to dedicate more than 40 hours and cannot get involved. Now that does- n't mean that that person can't have investments. You know Mel Reese had investments. Paul Andrews had investments. Howard Gary has investments. Mr. Plummer: I'm not saying investments, you buy stocks that's investments, Mr. Mayor. I'm saying about drawing a second salary, is it the intent of this ordinance to prohib- it that or not? Because it is not in there. Mayor Ferre: Madame City Attorney? Ms. Dougherty: It is not prohibited in this ordinance. RT 21 3opteebor 5, 198 Plummer: Okay. Dougherty: Full time is described as 40 hours per week it does not specifically prohibit... Mr. Carollo: Madame City Attorney, a scenario. Let's say that you have an official who is supposed to be a full time City Official, paid by the City for full time but during some of that time in the mornings or afternoons that they're supposed to be full time, at the same time they're getting paid by the City let's say they are a board member or what- ever and are also getting paid. Does that construe a con- flict of interest in your opinion? Ms. Dougherty: separate. A conflict of interest is something totally Mr. Carollo: In. other words getting paid by the city at same time for time that they're supposed to be working, the same they're working as a board member or what have at another location., also getting paid for that time at other location. the at you the Ms. Dougherty: No, that is not a conflict of interest unless that board appointment somehow conflicts with your City business, not in terms of time but in terms of sub- stance... Mr. Carollo: rect? Ms. Dougherty: You're referring to elected officials, cor- Yes. Mr. Carollo: Now, how about nor -elected officials, would that also apply to them? In other words they are paid full time, at the same time, mornings or afternoons, 8 to 5 they are supposed to be working and getting paid for it. Ms. Dougherty: Well, that goes into City policy and that I don't wart to necessarily.... Mr. Carollo: If they are also working at another location., would that, in your opinion be a conflict? Mayor Ferro: Well, before you answer, may I inject into this conversation? Henry Milander was the Mayor of Hialeah, he was a full time Mayor. He also had a butcher shop. Most of the time, if you wanted to talk to Mayor Milander you'd have to go to the butcher shop and he was cutting seat. Okay? Raul Martinez, as I recall, owns a newspaper, he has other businesses that he also is involved in. He is not precluded from doing that. Andy Young has a corporation called Young Ideas which Stoney Cooke is the President of and he, for example, travels sometimes to the third world for that corporation. The corporation pays the trips and gives his a payment. Mr. Carollo: And even the fourth world sometimes. Mayor Ferro: And he travels, he takes a leave of absence from his City job and does that. Now, I think on the other hand, to be perfectly candid, I don't think you could be Mayor and also be a vice-president of Florida Power and Light. I think that would be a direct conflict, I don't think you could do that. I don't think you could be Mayor and make this kind of money and also be a lawyer and have a legal operation. like Bob High used to have. Mr. Plummer: Well, ghat we're getting to a bottom line is, this, as written, does not prohibit, whereas the City Attor.. AT 22 3eptt#r ►• # ney, when we made that, that was spelled out clearly they cannot accept a second employment. Mayor Ferre: I would imagine we would also be guided by State law on this. I think State law would probably govern as to what would be or wouldn't be a conflict. The inten- tion of this is to pay a man high enough, in this case it would be close to $100,000, to be full time on the job. And I think in the case of the President of the Council, he would be also full time and he would get $75,000. Mr. Plummer: But Maurice, the Commissioners at large are making 50%, are they precluded from having a second pay- check? Mayor Ferre: Lucia, you have to answer that, I don't know. Ms. Dougherty: They are not precluded from having a second paycheck. Mayor Ferre: Any other questions? Joe, do you have any- thing else? Mr. Carollo: not right now. Mayor Ferre: All right, if you do, then tomorrow would you please read this document carefully tonight and we'll go over it again. tomorrow. Ms. Dougherty: Remember that this document, the one you have before you does not have the 6 districts, 3 at large, it has... Mayor Ferre: Well, Lucia, I would like to insert it that way. Ms. Dougherty: It will be inserted that way, I have the master copy and if you want it before you leave, I'll make those changes. Mayor Ferre: Wellington likes to put in. lawsuits, I don't want Wellington to catch us on a legal technicality so I want to make sure that what we do today is totally legal and you're telling us that reading it this way it will be legal when we read it tomorrow with 6 districts. Ms. Dougherty: That's right. Mayor Ferre: All right, is there a motion on this on First Reading? Is there a second on First Reading? Further discussion? Read the ordinance. Before we vote, Lucia, the only other comment that I had here is there is some confu- sion about the Mayor may veto the line item changes except for audit or personnel appropriations. I got that from Philadelphia, I'd like to delete that, I think that is going to get very confusing. Ms. Dougherty: The portion about the part that he cannot veto? Mayor Ferre: In Philadelphia it says the Mayor can veto and the C*Mi33lon can change anything but the audit and person- nel appropriations and I think that is going to get very oompliosted so I think we ought to have just an open thing that the Commission can change anything they want and the Mayor can veto anything he wants. Mr. Plummer: thirds. And the Commission can override that by two - IT 23 s • 1�� Ic Mayor Ferre: Can override that by two-thirds. Mr. Perez: How are we going to ask the people of Miami about this issue, one question or two different questions? Mayor Ferre: One question. Mr. Perez: But why? It has to be one question. Mayor Ferre: Because if you get into two questions, Demetrio, what is going to happen is this: All the, and I say this with all due respects to all of us, but you know, Miami is no different from Chicago or Boston and people vote ethnically. Yesterday, as the Spanish International Network survey showed, Jewish districts, there were some Jewish precincts that voted 90% for Ruth Shack. So, you know, people vote ethnically and that is the way life in. America functions and the Cubans are no different from anybody else. Now, if you make it into two questions what is going to happen is this: You're going to have the Cuban community vote overwhelmingly ... They've got to go hand in glove, if you go with one you've got to go with the other. Mr. Carollo: I don't necessarily agree with that, Mr. Mayor, and let me say why. I think that the Cuban community will vote, at least a substantial portion of it, for dis- tricts if it would be placed as a separate item and for a strong mayor also. Mayor Ferre: Joe, I would rot wart to take that chance - let me tell you why. The last two times we did it, the last time we did this there was not ore single black precinct that did not vote overwhelmingly, by that I mean. over 60% for districting. Every single black precinct voted for districting. Every single Cuban district voted against it without one exception. It was that clear cut, it was really black and white. Mr. Carollo: But it wasn't they voted against it substan- tially, by that I mean 70, 80, 90 per cent. 55% - 60%, 40% for. Mayor Ferre: That's right. The vote against districting in the Cuban precincts was as strong as the vote for it in the black precincts. Mr. Carollo: Maurice, let me tell you the problems that I'm having. The problems that I'm having are very simple. I have been hearing for quite some time certain scare tactics by different people, different groups at different times including the Miami Herald in their own discreet and some- times not too discreet ways of Cuban take-over. the Cubans are taking over everything. Well, let me say this to you, for a City that is approximately 62% Hispanic, the majority Cubans, for a County that is somewhere between 43 to 45% Hispanic, the majority of that being Cuban, I don't sea where the Cuban, the Hispanic power is. You have very few seats across the board - very few. And what I'm seeing is that the only time that you hear some of these people talk about wanting to go to districts 1s when they lose control. For instance, why don't some of these same elements push for districts in the School Board, push for districts in Dade County government. Why? Because there it's not to their benefit because there you're going to get a couple sore Cubans elected, a couple more blacks elected. So that's why I have a problem. Sure, in the long run, maybe in the short run the vast majority of voters in the City of Miami are going to be Hispanics. I have no problems into going into districts in the City of Miami to sake sure that every ethnic racial religious group is represented in this Commis. IT 24 Sspt*nbtr 5, 1# Sion. A way of doing that is by expanding the Commission and making districts. However, it concerns me that other bodies wouldn't ever contemplate that. In fact, what the Miami Herald would like to do so that the majority of His- panies, the majority of Cubans in the City of Miami don't have the limited power that it is visioned that we have is to do away with the City of Miami. This is why you con- stantly see a constant attack on the City of Miami. You constantly see a constant attack on the City of Miami elect- ed officials when you don't see the same thing of other bodies because they would like to do away with the City of Miami because they don't have the power here anymore. They have lost their power in the City of Miami. They come out with editorials saying vote for this guy, the majority of Miamians vote against him, whereas, if we were incorporated with Dade County there would be a different story then. So that a is why, Mr. Mayor, I'm concerned with that and I'm going to vote on this First Reading but I wart it reconsid- ered, breaking it up into two items tomorrow. Mayor Ferre: All right, Joe, I would recommend to you, and this is just my personal opinion both philosophically and pragmatically. I cannot ask another government to do that which I am not willing to do. Okay? And I think what is sauce for the goose is sauce for the gander. Now, I have been for districting at a State level and have strongly campaigned for it. Mr. rarollo: Well, we both worked together on that, that's Why in 1980 I went to Houston. Mayor Ferre: And we finally got it after a lot of effort. I am strongly for districting in the rounty and I don't think that we can ask the County to do something that we're unwilling to do for ourselves because what is sauce for the goose is sauce for the gander. Now, the other aspect of it is pragmatically and practically. In those cities where there is both at large and districting representation, in my opinion, you get the best of two worlds. That's why we have a bicameral legislature in the Federal Government, that's why we have a House and a Senate. Some of these people will run at large and others will run from districts. The people who are against districting think that we get too parochial but that's not necessarily bad. I'm not too sure that Gwen Margolis didn't really improve the senatorial relationship by being as strong an advocate for Surfside, Bal Harbor, Sunny Isles... She says, well, you've got to check with Chuck Rosen.. What is this Chuck Rosen stuff? Well, what she is doing is she is representing her constituency. I don't think it is bad that Carey Meek comes and says, "Well, wait a moment, I don't agree with that because the black community isn't sufficiently represented in that." or we're not getting enough, or I want this. And who does she have to worry to be re-elected? Well, her black constituency. I think it is healthy that there be a representative in the Florida Senate that looks upon a black constituency as the people she has to answer to. There isn't anything wrong with that. There's nothing wrong with Gwen. Margolis doing that for her constituency. There's nothing wrong with Jack Gordon doing that. See, Sy Eisenberg ran against him at- tacking him on that issue and he said that's the syste®. Now, I was against d13trictirg but I'm going to represent this district and that includes Little Havana and that includes South Beach. So I personally think that district- ing whether it is here or anywhere else works best. There was a Supreme Court ruling last week in New York City. New York City has had a field day - and I don't mean to criti- cite Ed Koch who ruth Shack admires so much, but let me tell y u that Ed Koch was being and is and has been - in my 3 op.nion - discriminatory to blacks and Puerto Ricans. Why? RT 25 September 5. 19#4 Because, how many boroughs are there in New York, 5 or 8? In the Borough system, if you'll notice, the white boroughs had a lot more representation than the nor. -white boroughs. Why? Well, that's the way it was in 1930. But this isn't the 1930's. This is 1984. Mr. Carollo: Excuse me, Mr. Mayor, Mayor Koch is not one of the mayors you're planning on having come down and speak in favor of a strong mayor is it? Mayor Ferre: No, I don't think so, ever. though I'm sure he would if we asked him, but I don't know how many votes he would get for us. But you know, Ed Koch, the City of New York, the Court said you can't do that. Brooklyn must have as much representation and Harlem must have as much as Queens and that is the way it is. Now, you know, the last reason is practical. If we wart to get a vote on this matter I think they have to be put together. I could not vote for this on this Commission unless districting was a part of it. That's the only way I could vote for it, if we were going for a strong mayor period I just could not vote for that in good conscience. Are these the corrections now, Lucia? Ms. Dougherty: lies, sir, Mr. Mayor. Let the record reflect that we have interlineated all the charges made for First Reading and we will have that document typed and in the Clerk's hand today and presented for you for Second Reading. Mayor Ferre: And let the record reflect that this is avail- able to all members of the public that are here present and to members of the Commission. Mr. Plummer: Including Wellington. IT 26 3spOebtr So 1104 Mayor Ferre: Are we ready to vote now? vote? Call the roll, please. AN ORDINANCE ENTITLED - Everybody ready to AN ORDINANCE SETTING FORTH A PROPOSED CHARTER AMENDMENT, KNOWN AS "CHARTER AMENDMENT NO. 2", TO BE SUBMITTED TO THE ELECTORATE AT A SPECIAL MUNICIPAL ELEC- TION ON NOVEMBER 6, 1984, SAID AMENDMENT OF THE CITY CHARTER TO PROVIDE FOR THE CREATION OF AN EXECUTIVE MAYOR FORM OF GOVERNMENT FOR THE CITY OF MIAMI AND DEFINING QUALIFICATIONS, FUNCTIONS AND COMPENSATION OF THE MAYOR, DIRECTOR OF ADMINISTRATION, DIRECTOR OF FINANCE AND BUDGET AND DIRECTOR OF DEVELOPMENT; EXPANDING THE COMMISSION FROM FIVE TO NINE MEMBERS, SIX OF WHICH ARE TO BE ELECTED ON SINGLE -MEMBER DISTRICTS AND THREE OF WHICH ARE TO BE ELECTED AT LARGE, AND DEFINING THE QUALIFICATIONS, RESPONSIBILITIES, AND COMPENSATION OF SAID COMMISSION WHICH SHALL SELECT ITS OWN CHAIRMAN; ESTABLISHING A BOUNDARIES COMMITTEE WHICH SHALL BE IMPANELLED JANUARY 1, 1986 TO DETERMINE THE ORIGI- NAL DISTRICTS AND WHICH COMMITTEE SHALL BE REIMPANELLED AGAIN IMMEDIATELY AFTER EACH FEDERAL DECENNIAL CENSUS TO REDEFINE SUCH DISTRICTS; REPEALING ALL CHARTER SECTIONS OR PARTS THEREOF IN CONFLICT; CONTAINING AN EFFECTIVE DATE OF AUGUST 1, 1987, EXCEPT FOR THE PROVISIONS DEALING WITH TH BOUNDARIES COMMITTEE, WHICH SHALL BE EFFECTIVE JANUARY 1, 1986, AND CONTAINING A SEVERABILITY CLAUSE. Was introduced by Commissioner Carollo and seconded by Commissioner Perez and was passed on its first reading by title by the following vote - AYES: Commissioner Joe Carollo Vice -Mayor Demetrio Perez, Jr. Mayor Maurice A. Ferre NOES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. 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. Mayor Ferre: All right, our Second Reading will be when? Mr. Plummer: Tomorrow morning at 10:00 O'clock. Mayor Ferre: All right. Mr. Manager, we have other things to take up tonorrow, right? The Bond Issues? First Reading or Second Reading? RT 27 Sept•wbstr 5. 1" Mr. Gary: First Reading on the Housing Bonds. Mayor Ferro: How about Parks? Mr. Gary: No. Mayor Ferro: A11 right, thank you very much. THMRE BEING NO FURTHER BUSINESS TO ►T COME 12:10 P.M. THE CITY COMMISSION, THE MEETING WAS ADJOURNED Maurice A. Ferre M A Y 0 R ATTEST: Re1pb G. Onsie CITY CLERK Matty Hirai ►SSISTANT CITY CLERK