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HomeMy WebLinkAboutCC 1982-09-09 MinutesCITY OF MIAMI i A � r�A 44, � iacoa� oReTa� * COMMISSION MINUTES OF MEETING HELD ON Uptamber 1. 1982 CUCULARI PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL, RALPH G... ONGIE CITY CLERK TO NDO 1 2 3 4 5 6 7 8 9 10 13 14 15 16 17 18 19 III REG; 9/9/82 aucT DISCUSSION ITEM: FILMING OF "SCARFACE" PRODUCTION IN Mimi DISCUSSION ITEM: LOW RENT HOUSING IN HAMMOCKS AND CULMER AREAS MOTION OF INTENT: ASSIST SENIOR CITIZENS TO FIND SUITABLE LOCATION FOR "SENIOR CENTER" IN CITY PARK RESOLUTION: STANDARDS FOR POLICE OFFICERS -SOUTHEAST INSTITUTE OF CRIMINAL JUSTICE. DISCUSSION: POLICE OFFICERS WHO LIVE IN THE CITY TAKING POLICE CARS HOME. DISCUSSION ITEM: ESTABLISH 24 HOURS SPANISH SPEAKING COMMUNICATIONS AT POLICE DEPARTMENT ( OTHER THAN 911 ) DISCUSSION ITEM: CANINE TRAINING AREA AND OPEN DOOR GUN RANGE FOR POLICE TRAINING AT VIRGINIA KEY. CONDOLENCES: DEATH OF FERNANDO PUIG. ALLOCATE $2,600.00 TO U.S. MASTERS NATIONAL CHAMPIONSHIP ROWING REGATTA. DISCUSSION ITEM: POSSIBLE CREATION OF CITY COMMUNITY RELATIONS BOARD. DISCUSSION ITEM: NOVEMBER 13 BENEFIT (COMMISSIONEF. PEREZ) COMMISSION TO PROCEED TO ESTABLISH MORAL STANDARD REGARDING CABLE T.V. BASED ON SEPTEMBER 7 REFERENDUM PROJECTED USES OF 1% ADDITIONAL SALES TAR FOR UPGRADING ORANGE BOWL, COLISEUM, BANDSHELL, ETC. DISCUSSION ITEM: APPOINTMENTS TO DISTRICTING COMMITTEE (SEE LATER SAME MEETING) DISCUSSION ITEM: 6.7 MILLION DOLLAR U.M.T.A. GRANT. FORMALIZING RESOLUTION: APPOINTMENTS TO DISTRICTING COMMITTEE. CALL SPECIAL ELECTION: CONFERENCE/CONVENTION FUNDS EXPENDED FOR EVENTS INVOLVING MARXIST COUNTRY PARTICIPATION. GRANT CONTRIBUTION FOR EVENT TO BE HELD NOVEMBER 13th AT BAYFRONT AUDITORIUM -REVEREND MARTIN ANORGA. RECOGNIZE PARTICIPATION.OF HISPANICS IN THE ARMED FORCES OF THE UNITED STATES FOLLOWING EXAMPLE OF PRESIDENT REAGAN. DISCUSSION OF CLARIFICATION OF MIAMI HERALD EXPANSION OF BUILDING (SEE LATER SAME MEETING) LABEL 21. rlNl� V I PAM We SOWTION DISCUSSION 1-7 DISCUSSION 7-8 R-82-769 8-9 R-82-770 9-13 DISCUSSION 14-15 R-82-771 15-16 M-82-772 16- DISCUSSION 17-18 DISCUSSION 18 M-82-773 18-21 LATER 23-25 FORMALIZED R•82-850 DISCUSSION 25-27 DISCUSSION 28-30 LATER FORMALIZED R-82-852 30 R-82-776 30-31 M-82-777 32-33 M-82-778 33-34 DISCUSSION 34-35 • a III C4'RSTl§FfF &DA TO We REG; 9./9/82 SamQ1NANCE OR Riso fim No. PAT NO. 20 PRESENTATIONS AND CONDOLENCES DISCUSSION 35 21 CLARIFICATION OT RES, 82-460 GOVERNING CONSTRUCTION OF MIAMI HERALD 6TH FLOOR ADDITION TO EXISTING BUILDING AT 1 HERALD PLAZA. R-82-779 26-43 22 OPEN SEALED BIDS: CENTRAL SANITARY SEWER IMPROVEMENT SR-5481-C M-82-780 43-45 23 DISCUSSION OF SPECIAL ASSESSMENT DISTRICT -DOWNTOWN PEOPLE MOVER (SEE LABEL 29 SAME MEETING). DISCUSSION 45-48 24 CONSENT AGENDA 48 24.1 PURCHASE OF FIREFIGHTER TURNOUT CLOTHING TOTALLING $23,917. R-82-781 49 24.2 PURCHASE OF SIX FIRE APPARATUS (1250 GPM PUMPERS) TOTALLING $818,706 R-82-782 50 24.3 BID ACCEPTANCE: FOR W.R. GRACE & CO. SOUTHERN MILL CREEK PRODUCTS AND WOODBURY CHEMICAL COMPANY FOR CHEMICALS AND FERTILIZER FOR PARKS DEPARTMENT TOTALLING $9,987.50, $11,875.75, AND $2,007.50 RESPECTIVELY). R-82-783 50 24.4 BID ACCEPTANCE: FOR TEKTRONIX, INC. FOR COMMUNICATIONS MAINTENANCE EQUIPMENT TOTALLING $16,011 FOR BUILDING AND VEHICLE MAINTENANCE. R--82-784 50 24.5 BID ACCEPTANCE: FOR JOSEPH D. VENTURA & ASSOC. FOR TWO POLYGRAPH MACHINES FOR POLICE DEPARTMENT TOTALLING $9,095.00. R-82-785 50 24.6 SECURING INSURANCE FOR THE ORANGE BOWL STADIUM. R-82-786 50 24.7 BID ACCEPTANCE: FOR DOCK 6 MARINE CONSTRUCTION INC. FOR PILING REPLACEMENT AT MIAMARINA AND WATSON ISLAND TOTALLING $29,740. R-82-787 51 24.8 BID ACCEPTANCE: FOR EBSARY FOUNDATION COMPANY FOR PILING REPLACEMENT AT MIAMARINA AND WATSON ISLAND TOTALLING $23,200. R-82-788 51 24.9 BID ACCEPTANCE FOR MET CONSTRUCTION,INC. FOR SAFETY IMPROVEMENTS AT MIAMARINA AND WATSON ISLAND TOTALLING $18,600. R-82-789 51 24.10 BID ACCEPTANCE: OF M. VILA AND ASSOC., INC. FOR LITTLE HAVANA COMMUNITY CENTER MINI -PLAZA TOTALLING $70,752. R-82-790 51 24.11 ORDERING FURHAM SANITARY SEWER IMPROVEMENT. R-82-791 52 24.12 ORDERING EAST ALLAPATTAH HIGHWAY IIPROVEMENT. R-82-792 52 24.13 BID ACCEPTANCE: OF WEEKLEY ASPHALT FOR CITY WIDE PAVIN IR-82-793 PROJECT-OVERTOWN, TOTALLING $53,717.50. 52 t14'sgiaNi i&m .� NO. REG: 9/9/82 S cT 24.14 CLOSING PORTION OF SW 4TH STREET FOR DEVELOPMENT OF JOSE MARTI RIVERFRONT PARK. 24.15 CLOSING NW 2ND STREET DURING CONSTRUCTION OF THE GOVERNMENT CENTER RAPID TRANSIT STATION. 24.16 ACCEPTING THE COMPLETED WORK BY P.N.M. CORPORATION FOR CENTRAL DRAINAGE PROJECT E-49. 24.17 ACCEPTING COMPLETED WORK OF FLORIDA PUMP AND TANK INC. FOR FUELING FACILITY. 24.18 ACCEPTING COMPLETED WORK OF MET CONSTRUCTION,INC. FOR AFRICAN SQUARE RECREATION BUILDING. 24.19 ACCEPTING COMPLETED WORK OF MET CONSTRUCTION,INC. FOR MIAMI SPRINGS GOLF COURSE-IRRIGATICN SYSTEM. 24.20 ACCEPTING COMPLETED WORK OF FRE CONSTRUCTION COMPANY, INC. FOR ALLAPATTAH COMMUNITY DEVELOPMENT PAVING PROJECT. 25 ACCEPT BID: LUMMUS PARK AREA C.D. PAVING PROJECT B-4477. 26 ACCEPT COMPLETED WORK: WYNWOOD COMMUNITY DEVELOPMENT PAVING PROJECT PHASE VI (BID "B")DRAINAGE. 27 DECLARE AND CERTIFY RESULTS OF SPECIAL MUNICIPAL ELECTION SEPTEMBER 7, 1982 OBSCENE MATERIAL ON CABLE T.V. 28 PERSONAL APPEARANCE: SEVERAL MINISTERS OF LATIN AMERICAN NATIONS. 29 AUTHORIZE BOARD OF COUNTY COMMISSIONERS TO ESTABLISH A 15 YEAR NON AD VALOREM SPECIAL ASSESSMENT PROJECT AREA FOR DOWNTOWN COMPONENT OF METRORAIL (DCM). 30 3rd AND FINAL READING OF ORDINANCE: FLORIDA POWER AND LIGHT FRANCHISE. I 31 GRANT REQUEST FOR MATCHING FUNDS: PROMOTIONAL PURPOSES IN THE MIAMI FASHION DISTRICT, 32 GRANT REQUEST FOR REIMBURSEMENT FO FUNDS: QUEEN OF THE ROYAL PONCIANA FESTIVAL 33 PERSONAL APPEARANCE; REPRESENTATIVE OF H.A.V.E. CENTER HAITIAN YOUTH PROGRAM (REF. TO CITY MANAGER). 34 AGREE IN PRINCIPLE; APPLICATION FOR FEDERAL FUNDS TO ACQUIRE LANDS WITHIN BISCAYNE NATIONAL PARK. 35 APPROVE IN PRINCIPLE: REQUEST FOR ASSISTANCE FOR RETIRE EMPLOYEES MANAGER TO INVESTIGATE POSSIBLE PAYMENT OF INSURANCE PREMIUMS BY THE CITY. PAGE # 3 &0SOLUTt NM ONTO. I PAGE M R-82-794 R-82-795 R-82-796 R-82-797 R-82-798 R-82-799 R-82-800 R-82-801 R-82-802 R-82-603 DISCUSSION R-82-805 ORD. 9472 M-82-806 M-82-807 DISCUSSION M-82-808 IM-82-809 52 52 ' j 53 53 53 53 53 54-55 55 56-58 59-60 60-71 72- 75 76 77 78 79-80 180-83 f 0 PAGE # 4 C, 9/9/82 NANCEPAMNO3�NO.REG: rsourfto& 36 GRANT REQUEST FOR FUNDS: DADE COUNTY REVITALIZATION , BOARD WITH PROVISOS. M-82-810 84-85 37 GRANT REQUEST FOR FUNDS: GREATER MIAMI UNITED, INC. WITH PROVISOS. M-82-811 85-87 38 BRIEF DISCUSSION ITEM: BRICKELLBANC. DISCUSSION 88-90 39 GRANT REQUEST FOR CLOSURE OF STREETS: BANYAN FESTIVAL OCTOBER 23, 24, 1982. M-82-812 90 40 GRANT REQUEST FOR IN -KIND SERVICES: GREAT COCONUT GROVE BICYCLE RACE. M-82-813 91-92 41 DISCUSSION ITEM: COLLEGIUM GROUP URGING ORANGE BOWL STAYING IN THE CITY LIMITS. DISCUSSION 92-93 42 GRANT REQUEST FOR FUNDS: MIAMI RIVER FESTIVAL - 5 YEAR RIVER CLEAN-UP PROGRAM. M-82-814 93-95 43 GRANT REQUEST FOR ADDITIONAL FUNDS: UNITED WAY KICK OFF FUNCTION BAYFRONT PARK AUDITORIUM. M-82-815 96-97 44 EXTEND PERIOD FOR RENEWAL: BURGLAR ALARM PERMITS. M-82-816 97-98 45 SECOND READING ORDINANCE: AMEND SEC. 31-48 OF CODE OCCUPATIONAL LICENSES TO PROVIDE FOR TAXING OF BOXING AND WRESTLING PROMOTERS. INCLUDES: APPOINTMENTS TO BOXING/WRESTLING BOARD. ORD. 9476 98-102 M-82-817 46 BRIEF DISCUSSION: REORGANIZATION OF CITIZEN PARTICIPATION PLAN. DISCUSSION 102-103 47 APPOINTMENTS TO BOARD OF DIRECTORS OF DOWNTOWN DEVELOPMENT AUTHORITY. R-82-818 103-104 48 DISCUSSION 6 TEMPORARY DEFERRAL: INCREASE APPROPRIATIONS TO CONVENTION CENTER (SEE LABEL 85). DISCUSSION 104-107 49 SECOND READING ORDINANCE: AMEND SEC. 19 OF CODE - REPEAL BULK STORAGE OF LIQUIFIED GASES ETC. ORD. 9477 106-107 50 FIRST AND SECOND READING ORDINANCE: NEW T & A FUND LEISURE SERVICES -SPECIAL ACTIVITIES. ORD. 9478 107 51 EMERGENCY ORDINANCE: ESTABLISH GUSMAN CULTURAL CENTER AND OLYMPIA BUILDING RENOVATION AS CAPITAL IMPROVEMENT PROJECT. ORD. 9479 108-109 52 EMERGENCY ORDINANCE: INCREASE APPROPRIATION TO DEPARTMENT OF ECONOMIC DEVELOPMENT. ORD. 9480 109-11C 53 EMERGENCY ORDINANCE: APPROPRIATE $9,938,406 FEDERAL REVENUE SHARING FOR FY 1982. ORD. 9481 110-11: 54 EMERGENCY ORDINANCE: INCREASE APPROPRIATION FOR GENERAL FUND -LAW DEPARTMENT $51,000.00. ORD. 9482 114-11. 55 EMERGENCY ORDINANCE: ESTABLISH LAND ACQUISITION AND SITE ASSEMBLY FOR AFFORDABLE RENTAL HOUSING CAPITAL PROJECT. ORD. 9483 115-11, 0 ok Cl'PW TV(;j I) Qa F&DA PAGE # 5 in ND. KEG. 9 /9 /82 SmcT RESOLUTION No, PPE N0. 56 AUTHORIZE AGREEMENT: AFFORDABLE RENTAL HOUSING DEVELOPMENT PROGRAM. R-82-819 119-120 57 NEW FIRST READING ORDINANCE: PROCUREMENT PROCEDURES. (Note: PASSAGE OF THIS ORDINANCE NULIFIED ITEMS 35 & 36 ON 9/9/82 AGENDA). FIRST READING 120-124 58 ESTABLISH PUBLIC HEARING FOR SECOND READING OF CHARTER AMENDMENTS AND DIRECT CITY CLERK TO REMOVE CHARTER AMENDMENT FROM OCTOBER STH ELECTION AND SCHEDULE ALL AMENDMENTS AND STRAW BALLOTS FOR NOVEMBER 2ND. M-82-820 125-127 M-82-821 59 EXPRESS POLICY THAT FORMER F.E.C. PROPERTY ON BISCAYNE BOULEVARD IS NOT AVAILABLE FOR COLISEUM OR CULTURAL ARTS EXHIBITION CENTER. (LATER 127-129 FORMALIZED IN R-82-849) 60 ALLOCATE $114,492. C.D. BLOCK GRANT FUNDS TO METRO FOR ADMINISTRATION OF CERTAIN CITY COMMUNITY DEVELOPMENT ACTIVITIES BY DADE CO. H.U.D. R-82-823 130 61 APPROVE REVISED GUIDELINES: OVERTOWN MULTI -FAMILY REHABILITATION LOAN PROGRAM. R-82-824 131 62 APPROVE PROGRAM GUIDELINES: COMMUNITY DEVELOPMENT TARGET AREA WIDE REHABILITATION LOAN PROGRAM. R-82-825 131 63 WAIVE CONFLICT OF INTEREST REQUIREMENT: CALVIN SMITH PARTICIPATION IN CITY REHABILITATION PROGRAM (C.D.) R-82-826 132 64 APPROVE GUIDELINES: SOLICITING PROPOSALS FOR FOOD 6 BEVERAGE CONCESSIONS IN CITY PARKS. R-82-827 133 65 RATIFY AGREEMENT: ORANGE BOWL STADIUM FOR INT ERNATIONAL LIVE BOXING MATCH-NOVEMBER 12, 1982. R-82-828 133-134 66 SOLICIT BIDS: RENTAL OF GOLF CARTS AND OPERATION OF PRO SHOP AND DRIVING RANGE-MIAMI SPRINGS GOLF COURSE. R-82-829 135 67 APPROVE AGREEMENT: CAMACOL-3RD HEMISPHERIC CONGRESS OF LATIN CHAMBER OF COMMERCE. R-82-830 135-136 68 AUTHORIZE PAYMENT FOR LEGAL SERVICES: BROWN, WOOD, IVEY, MITCHELL AND PETTY. R-82-831 136 69 PROVIDE FOR LOCAL APPROVAL: BIOLOGICAL REPORT FOR CONSTRUCTION OF TWIN 3 LANED BASCULE STRUCTURES MIAMI RIVER. R-82-832 137-138 70 ESTABLISH COMMITTEE: RECOMMEND RELOCATION OF CITY OWNED IR-82-834 LIBRARY IN BAYFRONT PARK. R-82-833 138 71 EXECUTE PROFESSIONAL SERVICE S AGREEMENT: P.F. ENTERPRISES TO ACT AS CONVENTION REPRESENTATIVES IN THE WASHINGTON D.C. AREA. 139-141 0 ILEX CIiYICOt?'li SSIQJ OF MIW11, Fl.DRID4 PAGE # 6 NO, MCT INANCE roultto�y�o. PAGE N0, 72 WAIVE REQUIREMENT FOR FORMAL BIDS: 48 TRANSMITTERS FOR DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE. R-82-835 141-142 73 AUTHORIZE INCREASE IN CONTRACT: SHAFER & MILLER FOR CONSTRUCTION OF DOWNTOWN GOVERNMENT PARKING FACILITY. R-82-836 142-143 74 EXECUTE AGREEMENT: ROBERTO S. ROCHA/PROJECT COORDINATOR DOWNTOWN GOVERNMENT PARKING FACILITY. IR-82-837 143-144 75 AUTHORIZE EXPENDITURE NTE $10,000 LEGAL REPRESENTATION FOR CHALLENGE FOR FEDERAL CENSUS. R-82-838 145-147 76 CLAIM SETTLEMENT: EDUARDO GARRIDO. -82-839 147 77 CLAIM SETTLEMENT: WILLIAM SCHORK. -82-840 147-148 78 APPOINT INDIVIDUALS TO AFFIRMATIVE ACTION ADVISORY BOA. -82-841 49 79 FORMALIZING RESOLUTION: ALLOCATE $2,000 TO CHILDRENS GENETIC DISEASE FOUNDATION. R-82-842 49-150 80 FORMALIZING RESOLUTION: ESTABLISH RULE CABLE COMMUNICATIONS AGENCY INFORMATION TO BE PROVIDED PRIOR TO TRANSFER OF OWNERSHIP. R-82-843 50-151 81 FORMALIZING RESOLUTION: APPROVE REQUEST OF GEORGE KUNDE RO TRANSFER 6% OF OWNERSHIP INTEREST IN AMERICABLE. R-82-844 151 82 FORMALIZING RESOLUTION: CALL AND PROVIDE FOR SPECIAL MUNICIPAL ELECTION RESIDENTIAL GARBAGE COLLECTION. R-82-845 152-160 83 FIRST READING ORDINANCE: CHARTER AMENDMENT #2- DISTRICTS, BOUNDARIES, ELECTION DATES, ETC. FIRST READING 160-163 84 CHANGE DATES OF CITY COMMISSION MEETINGS DURING NOVEMBER 1982. R-82-846 164-166 85 EMERGENCY ORDINANCE: INCREASE APPROPRIATIONS TO CONVENTION CENTER. ORD. 9484 166-168 86 WAIVE REQUIREMENT OF SEALED BIDS: EMERGENCY PURCHASE OF CHAIRS, TABLES, DOLLIES, TRUCK PALLETS, ETC. FOR MIAMI CONVENTION CENTER. R-82-847 168-169 87 EXECUTE AGREEMENT: BRANDT LAURSEN-COMPUTER CONSULTANT SYSTFM PERFORMANCE REVIEW. R-82-848 170-171 88 DISCUSSION ITEM: RECOMMEND TO SENATOR PAULA HAWKINS AN ADDITIOANL PROVISO IN A BILL TO PAY WAGES TO CETA TRAINEES. ISCUSSION 171 ., NO# 89 90 91 92 93 94 95 96 97 98 CI4INhf11SSIQ�FNAMDA REG: 9/9/82 FIRST AND SECOND READING ORDINANCE: INCREASE FUNDING FOR ELIZABETH VIRRICK GYM RENOVATIONS PHASE 11, EMERGENCY ORDINANCE: INCREASE FUNDING FOR PRINT SHOP FOR LEASING OF HIGH VOLUME COPIER FIRST AND SECOND READING ORDINANCE: REVISE FEES CHARGED FOR GOLF COURSES. FIRST READING ORDINANCE: CHARTER AMENDMENT #3- ELECTIONS TO BE CONDUCTED IN EVEN YEARS AND EXTENDING TERMS OF PRESENT COMMISSIOENRS BY ONE YEAR. FIRST READING ORDINANCE: CHARTER AMENDMENT #4- CITY ATTORNEY OPINIONS BINDING ON ALL PERSONNEL. FORMALIZING RESOLUTION: FORMER F.E.C. PROPERTY ON BISCAYNE BOULEVARD IS NOT AVAILABLE FOR COLISEUM OR CULTURAL ARTS EXHIBITION CENTER. FORMALIZING RESOLUTION: INTENDED USES OF ADDITIONAL 1% SALES TAX BY THE CITY IF ENACTED BY THE VOTERS. PERSONAL APPEARANCE: REPRESENTATIVE OF ACORN REGARDING NEW CITIZEN PARTICIPATION PROCESS IN C.D. RESCIND RESOLUTION #82-559 AND SUBSTITUTE NEW RESOLUTION THEREFOR: CUBAN/HAITIAN ENTRANT PROGRAM TRAINING. FORMALIZING RESOLUTION: ESTABLISH INTERIM AND PERMANENT BOUNDARIES COMMITTEE IN ANTICIPATION OF PROPOSED CHARTER AMENDMENT ESTABLISHING DISTRICT WIDE REPRESENTATION. PAGE # 7 rS011MW10A. I PAT NO$ ORD. 9485 ORD. 9486 ORD. 9487 FIRST READING FIRST READING R-82-849 R-82-850 DISCUSSION R-82-851 I R-82-852 171-172 173-174 174 175-176 176-178 178-179 180-182 182-184 184-186 186-18' ld MINUTES OF REGULAR MEETING OF THE CITY COMMISSIOV OF MIAMI, FLORIDA On the 9th day of September, 1982, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session; The meeting was called to order at 9:35 A.M., by Mayor Ferre with the following members of the Commission found to be present: ALSO PRESENT: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre Howard V. Gary, City Manager Jose Garcia -Pedrosa, 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. On motion duly made and seconded by the City Commission, the Minutes for the Regular Meeting of May llth, June 17th, June 24th, July 22nd and the Planning & Zoning Meetings of May 27th and June 24th, and the Special Meeting of July 2nd were approved. 1. DISCUSS1014 ITEM: F1111ING OF "SCARFACE" PRODUCTION III tiIA21'I. Mayor Ferre: It seems that the majority of you here are on Item "H" and "I", so we will get right to that. Now, the question is this. Since the author asking that these items be put on the agenda is Commissioner Demetrio Perez, and since he has now changed his position - I shouldn't say that, he hasn't changed his position - Since he has modified his position with regards to the filming specifically, but, since he has withdrawn because of that modi- fication, the -.Item "H", which is the November 2nd referendum, and he has with- drawn that, then since he was the author asking that this be put on the agenda, he is also entitled to withdraw it, and now the position he is posing to is "Why should there be any discussion, since he wants to withdraw this". Unidentified Speaker: Mr. Mayor... Mayor Ferre: Please, Mr. Mayor, I recognize, but let me try to... Unidentified Speaker: You asked the question I thought I was going to answer. Mayor Ferre: Yes, but it is not you - you are not a member of this Commission, and a member of this Commission has a position which we are about to discuss before we get into the public hearing and of it. I am going to, out of court- esy to my colleague go along with whatever he wishes to do. I would, however, like to recommend to him that we permit a few spokesmen of the groups that are here to express themselves. I don't think it is going to be in any way a negative expression. I think it is going to be a constructive, positive decision, and I think that perhaps some good will come out of it, but, what- ever you want to do, I am going to support your position. 1 SEP _ 9 1982 0 0 Mr. Perez: Mr. Mayor, let me clarify something. You mentioned that I changed my position... Mayor Ferre: Well, I am sorry. I changed... Mr. Perez: Okay. I didn't change my position. I have the same personal position from a personal point of view, but as a elected official of the City Commission, I don't want to bring to the Commission this issue. First, in order to respect what you mentioned about the first amendment, and also I do not try to interfere with this right, but I want to ratify on a personal basis that I didn't change my position. As you remember the other day in the press conference, you mentioned that I received an invitation to go to New York. Okay, I never received that invitation. Mayor Ferre: They did to me! Mr. Perez: They invited through you, but they didn't serve me anything, and I want to make it very clear, because they have a misunderstanding in the media. I want to make it very clear that I didn't have any meetings with Mr. Braman and that I have the same personal position and I don't have any objections that the people make their own expressions. That is why I wanted to propose a referendum or a straw vote at the beginning, but I think that the other party deserves the same courtesy and should you tell me that you try to have this kind of meeting, I would... Mayor Ferre: I didn't have anything to do with it. Mr. Perez: Okay, but I would like you to know that it was withdrawn when we announced it in the press conference and with this matter, I would like to have the courtesy that the Spanish community or the other members of the community have an opportunity to make their own expression here, but you know what is my position. I made public my position and I think that I was very clear on this issue, and that is what I want to ratify. I want to respect, and I respect the decision of the Commission in this matter. Mayor Ferre: All right. Howard, let me address you on this one, to you and the other members and the people that are here. Now, I know you have taken from your busy schedule - some of you have traveled here from North Dade County, some from Broward County to come and be here today. It is not your fault it was... Mr. Howard Neu: Let me suggest... Mayor Ferre: Let me finish, and then I will recognize you. Mr. Neu: Okay. Mayor Ferre: I will recognize the other members of the Commission, and then I will recognize you. I realize that this is a hot issue and that the people that are here want to express themselves. Now, let me see if I can counsel you on this, just for... Mr. Neu: Can I just say one thing. We are not here to debate the issue. That is not why we are here. Mayor Ferre: I know that Howard, and so does Demetrio Perez. I know that you are not here to debate the issue. I know that you are not here to casti- gate anybody. I know that you are not here to be vitriolic and to scream, so I understand all of that. Now, let me finish. Mr. Neu: I just wanted to make that clear. Mayor Ferre: Thank you. Now, let me finish my statement. Now, what I want to say is that I think you have to understand the serious sensitivities that are involved on both sides of the issue, not only on those who are defenders of the First Amendment, and not only those of you, who like most of you here that are in the industry that are promoting an industry that God knows we need in this community, and that I am all in favor of, and all of us are in favor of. The other side of the issue is this - you have a Cuban community and they do live here. They do make up 60% of the City of Miami. They do 2 Id SEP 91982 Id make up 402 of metropolitan Dade County. They have very strong feelings about things and I think that we have to understand. I like to put it, when I am talking to a Black group, and Miller Dawkins put it very well the other day, when he said "I don't know how I would feel if there was a movie being made in Miami about South Africa and Apartheid that would favor the South African gov- erment". And I put it this way - how would people in the Jewish community feel if Vanessa Redgrave came to Miami to make a pro -PLO picture that would be anti -Israel? You know, people do have emotions and they express them. The people, when a film was being made in New York City on cruising$ the gay community in New York City got very upset and they started to picket. You know, they have feelings! I think the First Amendment works both ways. They are allowed to express their misgivings and so, I think you have to be under- standing of the human emotions, whether you are a senior citizen, or you are' a Catholic, or you are a Jew or you are White or you are Black or you Hispanic, or Anglo or whatever. People have feelings that are easily aroused with issues like this. Now, what Commissioner Perez is saving is, that he doesn't think that we should have a public expression today without both sides of the issue being represented. You say that there are no two sidesithere is only one side. That is the only side that you really want to talk about is the filming industry and that you want to talk about creating a film council and you want to go on to progressive ... I agree with you, Howard. You know that I do, and I am supportive of what you are trying to do. I think you are one of the best public officials this community has, and I am fully supportive of the film industry, have been in the past and many of you that I have worked with know that and will be in the future. That is not what we are talking about here. What we are talking about is the expression of one member of this Commission who says he doesn't want to get into a full pledged discussion of anything dealing with the film industry unless he has proper representa- tion. Now, hey, he is entitled to that! I can't deny him that right! Mr. Neu: We are not suggesting that we are going to discuss Cuban vs. Ameri- can or native born feelings. That is not the issue. We see this as an op- portunity to go forward in a positive way. Mayor Ferre: Thank you, I will recognize you after Joe Carollo and anybody else who wants to say something on this Commission. Then it is your turn. Anybody else want to say something here? Mr. Carollo: I would, Mr. Mayor. Mr. Mayor, it is my understanding that Commissioner Perez had previously asked that these two items be withdrawn. Now, I would like to know why they were still placed on the agenda, and not withdrawn? Mayor Ferre: I think the agenda was already published - or maybe it wasn't, because we held that press conference last Tuesday. Why is it on the agenda Mr. Manager? Mr. Gary: This item came on before the agenda was published. This item came as a request before the agenda was published. Mayor Ferre: We had a public session here on Tuesday, Mr. Manager, where Com- missioner Perez publicly announced that he was withdrawing this item from the agenda. Mr. Gary: Mr. Mayor, my staff is telling me that the item was requested to be withdrawn after we had published the agenda. Mayor Ferre: I thought you published the agenda on Saturday. Mr. Gary: Friday. Mayor Ferre: Friday, and his public statement was on Tuesday. Four days? Mr. Perez: The press conference was on Thursday, no? Mayor Ferre: The press conference was on Thursday, well anyway, before Friday. Mr. Gary: No. Mr. Alverez, who is the person involved, Commissioner Perez' aid said he asked for it to be withdrawn on Friday after it was printed. SEP 91982 W Mayor Ferre: Okay. Mr. Carollo: Well, as the case may be, the two items were withdrawn, and it is not these people's fault "that are here today that they were not in- formed and not know that the items were withdrawn. It is my personal feel- ing however, that to get into any kind of discussion on an issue that I think this Commission has put aside already is going to be very counterpro- ductive to this community and it is only going to help to inflame and divide this community even more than it is already. I think that if there are peo- -ple here that feel that they definitely have to express any kind of an opinion, or definitely have to make any kind of statement, then this Commis sion should take the proper steps so they could have that opportunity and anybody else, for that matter, that would like to have that same opportunity to make their statement at a future time, but I don't think that it is cor- rect that part of our community has been told through different medias that these two items had been withdrawn and another segment of the community was not informed and what you have here today is part of a representation of this community and if we have to have discussion or people making statements on this matter, then I think everyone should have the same opportunity at the same time. But, it is my personal opinion that by doing this, it is going to be a step backward, and not forward. Mayor Ferre: Any other members of the Commission? Mr. Plummer: Mr. Mayor, I had the opportunity to talk with my colleague, Howard Neu.prior to the meeting. I am sure that Howard understands. My feeling is that some of these people will not understand the way municipal- ities work. I have to concur that basically as it stands right now, there is no item to discuss. The matter has been withdrawn, and as such, it is not a regular agenda item and would automatically, any discussion go to the end of the agenda, and I doubt that you all want to wait here until midnight. Mr. Neu has expressed to me what he has in mind and what he wants to present, and as he well knows, the proper way to do that after this has been with- drawn, is to make a request to appear on the 24th of September agenda under personal appearances, and I would say to my good friend Howard that is the way he should proceed and I would hope that the request would be for the purposes he indicated to me this morning, but I just don't feel this morn- ing we have anything to discusss, because in effect, there is nothing on the agenda. Mayor Ferre: Okay, anybody else on the Commission? Mr. Carollo: One last statement, Mr. Mayor. I think it should be important to point out that for the most part, items such as these that are placed on the Committee of The Whole are usually items that are for discussion only for the members of the Commission present and when the public would like to express their opinion, it is usually done through Personal Appearances, which that option is always open. Mayor Ferre: That is true. All right, I am taking this item out of the regular agenda as a matter of courtesy to a colleague who is a mayor of another city in this community, and that is the only reason why we are dis- cussing this at this time, otherwise you are technically right, this is not an item before us. Now, the majority of this Commission... Miller, do you want to add anything? All right, you have heard from four members of this Commission on this item and their seems to be unanimity on the point that we are going to ... Commissioner Perez has that right, and now I recog- nize Commissioner Perez and he can decide what he wants to do. Mr. Perez: Mr. Mayor, first let me express my gratitude for the courtesy awarded by the other members of the Commission. Personally, I don't want to be an obstacle for any kind of public expression, but I want to empha- size that it was very clear that we have withdrawn this item at the time. As in the past, I have this experience about other items that have been withdrawn and it was out of consideration, but if the other members of the Commissions do :.not deem it inconvenient, I would likelif it is possible, if you expect to grant two or three minutes to the Mayor, in order that one person can speak on behalf of the group, and you give the same OPPertun- fty during the day to the other party to anyone who want to have two or three minutes on same subject. I don't want to establish any kind of censorship and I don't want to be an obstacle, but I express my gratitude for the other members and I think that they understand my position. 4 SEP 91982 ld Mayor Ferre: Let me, so that people understand - you cannot walk into United States Senate and get up and say that you want to be heard and be heard! You know, we are a country of procedures. This Commission, like any other legis- lative body has a procedure and you are now in a Committee of The Whole meet- ing, which is not a public hearing and it is not the place or the time for the public to express a sentiment on an issue. Now, out of courtesy to Howard New, and those of you that are here with him, and I thank Commissioner Perez for conceding this point; I will recognize you, Mr. Mayor too, and I hope that you can be a spokesman for the people that are here to make an express- ion. If you wish, I will be happy to recognize you at the appropriate time at a public hearing so that you can further this discussion at that time. Mr. Neu: I appreciate that, Mayor, and thank you, Mr. Perez, for this oppor- tunity. I first want to make it clear that we applaud the fact that these items have been removed from the agenda. We are happy that they are removed. I am here as Mayor of North Miami on behalf of the film community and I am sure that you know that everybody here just about, is in that film community, not to point any fingers, not to even talk about the issue, but to say that this gives us a vehicle, an opportunity to make a positive impression in a very important industry in the future and that is really why I am here. It is not to debate the issue, not to say whether or not the movie should be here, should not be here, that is not why we are here. We see this as a positive step for Miami to make a positive statement to the industry for the future. That is why we are here. If you want to hear it, fine. If you don't want to hear it, I understand the procedure, and I appreciate the courtesy. Basically, what we are talking about is two things. And that is number one, giving Miami the opportunity to make that positive statement by advertising the fact that Miami is a good place to film motion pictures in the future. There are vehicles to do that. There are trade magazines and other publications. I brought with me one such magazine, which is the cur- rent issue of On Location magazine, which is a national magazine that has twenty pages of ads for every place in the country except Florida on how great it is to film there. There is nothing for Florida. There in fact, is a full page ad for the City of New York as to why film companies should come to the City of New York to film. We feel that Miami should take the bull by the horns and do something similiar, because the motion picture industry is the growing industry of the future and will be the primary in- dustry of South Florida in ten years, if it is properly handled. We are also recommending that the City go on record (maybe not now, because I under- stand your procedural problems) butithe City go on record as supporting the prospects of a county -wide semi -autonomous South Florida film authority for the purpose of utilizing public funds, be they tourist development funds or other funds to publicize the film industry here, tell the film industry why they should come down here and to point out the positive image and the posi- tive aspects of the City of Miami, and of South Florida. We feel that we have a lot to offer, much more than any place else in the country, and that we should use this opportunity - this publicity that we have received nation- wide. You know, sometimes they say whether it is bad or good, as long as they spell the name right, it is okay. That is important. The publicity is there. We ought to build on that. We ought to use it to our advantage, turn it around, make it a positive statement, so that the industry will view Miami as a place that they want to come and film in the future. That is why we are all here. I think that is really putting it in a nutshell, and we are asking for your support. Mayor Ferre: Howard, first of all, I think that you as the president of the Dade League of Cities should constitute a committee and invite Metropolitan Dade County to appoint some of their members. The committee should be nothing but elected officials. Mr. Neu: The Dade League, by the way, has already endorsed this concept, and Miller Dawkins signed a letter on behalf of the City in support of this type of a concept. Nothing official has been done, but the Dade League has supported it. We are going to the County Commission to ask the County to in fact, set up such a semi -autonomous authority: We need the help and sup- port of the City of Miami. Mayor Ferre: Let me finish. What I am saying is, that you a constitute a committee, not wait for Metropolitan Dade County to constitute a committee. Let me repeat it over again. I guess I didn't express it right. I would .SEP 91982 ld like to recommend to you, as president of the Dade League, that you .... Mr. Neu: I am the immediate past president - I'm sorry. Mayor Ferre:.... that the current president immediately institute a committee that will specifically function to recommend the local governments that are involved and interested, namely, Metro, your city, City of Miami and the other cities, and Hialeah, that may have an interest in this, okay? I think that you ought to jointly address the T.D.C., and ask for substantial monies for this particular industry. I think that is ... least we waste an awful lot of money, in my opinion on a lot of things that are non -essential and as that magazine fully expresses, don't spend any money on things that are vi- tally important! Now, it is time for this community to start growing up, and acting like a big city, which is what we are! Now, I agree with you - I think you ought to get such a committee going right away; it is a major industry, we ought to work closely with our governor, and we ought to really try to see a lot of things that are needed in this community that the govern- ment can be a part of or sponsor, that we should be involved in with the pri- vate sector, to make sure that there is a healthy climate for the film indus- try and our community to prosper. Since you are taking this initiative and I commend you, I would urge you, through the League of Cities, that vehicle, to institute this committee, and I would like to appoint Commissioner Dawkins and Commissioner Carollo to that committee that you appoint right now, and I think they will work in tandum with Commissioner Perez, myself, and Commissioner Plummer. Plummer serves on the T.D.C. and he serves also on the Sports Autho- rity, (which is a dubious honor these days!), but, you might be then the lia- ison between Dawkins and Carollo on this issue, and then we will deal with it at city level when they come back and report, and I would like both of them then to report to the City of Miami Commission as to where we stand on this vital matter and then perhaps at that time, we could have a public hearing where we can all deal with this issue after basic work has been done on it. Mr. Dawkins: Mr. Mayor, I would like to add that I voice the same sentiments that you voice in that we would be happy to participate, but that we would not participate to the extend that we add a penny tax as was suggested to cover this. That was to show that this Commission felt that these funds should come from the T.D.A. These people did come and stay in hotels and the bed tax and etcetera was money that I thought should be used for that. Mayor Ferre: All right, we look forward to having you here... Mr. Neu: Just for the record, Mayor, I would like you to know that the presi- dent of the Florida Motion Picture - Television Association, B. J. Johnson is here. Mayor Ferre: Mr. Johnson, we thank you for your presence. I hope you under- stand why we had to proceed the way we have. We look forward to having you back here at a proper time so that we can have a full fledged public hearing and I think at that time you are going to be very satisified - you are going to find a unanimous Commission that will be very supportive of what is going to be recommended and I hope that we can make some progress. The fact is, that today, the Southeast Florida area and Florida in general, is the third filming area in the country without any help really, from government! Now, can you imagine what we can be if the State of Florida and the City of Miami and Metropolitan Dade County just lifted a little finger to help a little bit! Mr. Neu: Once again Mayor, thank you for your courtesy and thank you, Mr. Perez, for your courtesy. I appreciate it. Thank you. Mayor Ferre: Thank you, Ladies and Gentlemen. Thank you. THEREUPON, THE CITY COMMISSION WENT INTO A BRIEF RECESS at 10:05 A.M., reconvening at 10:10 A.M., with all members of the Commission found to be present. 6 SEP 919Mel 0L 2. DISCUSSIOII ITEM: LOW RENT HOUSING III HAMMOCKS AND CULY:ER AREAS Mayor Ferre: All right, now let's start with the non-scheduled agenda items. All right, Miller? Mr. Dawkins: Okay, I have two or three here. Number one is, I have a letter here that we all received where the county was going to put a thousand units in Hammock. Mayor Ferre: Where? Mr. Dawkins: Hammock. H-A-M-M-O-C-K, five hundred units, and they complained, as usual, that any time there is low -rent housing in the White areas, they don't want it. I also have received a petition here of the Blacks who live around the Culmer area are desirous of not having the seventy-two odd, how many units it is, placed in their area and I will read it: "We undersigned protest the decision of the Dade County HUD to con- struct a public housing project at N. W. 6th Street between 4th, 5th and 6th Avenues, Miami, Florida. We believe the Culmer/Overtown area is already saturated with public housing projects. The construction of the proposed housing project will have a bad effect on the homeowners and businesses and the Dade County HUD has not acted in good faith by trying to construct a public housing project in Culmer/Overtown when the same Dade HUD did not construct public housing in the Kendall area of Dade County." Therefore, I ask Mr. Reid to provide me with the method to defer this until I can have a public hearing and what we can do to stop it, because Dade County HUD, the Dade County Commission is opening bids today, and I for one, do not feel, regardless of what we say, I for one am tired of HUD putting low -rent housing in Black neighborhoods. I don't care what it is, and when you go to the White areas, you don't put them up. But, we, for some reason, do not have the political clout to stop itI So, I would like to go on record here, as saying that these people who live in the City of Miami, who live around this area, are saying to us, there is no reason, they do not object to affordable housing, they do not object to any other housing, other than the low -rent housing units. Now, we have a project to put affordable housing and there is no reason why affordable housing should not be put here to accomodate other affordable housing that is in that area. Mr. Gary, can Mr. Reid explain to me how I can stop this, please? Mayor Ferre: Mr. Reid? Mr. Jim Reid':' Commissioner Dawkins, two points in terms of this project. It is out for bids by Dade County, so it is a County bidding process that has to be dealt with, so any petition from the City Commission would go to Dade County. I would like to say for the record, number one, that we cer- tainly agree with you, that the suburbs ought to carry their share of pro- viding low incoming housing and losing the housing in the Hammocks was a very negative thing for both the County and the City. The point here I think should be stated on the record is - these seventy-five units had been in the mill, if you will, since 1977. They were in the city's environmental impact statement on the Overtown transit plan, and there is a two edged sword here, because in Overtown, we are relocating three hundred twenty-three families in a four block area, that you and Mr. Teal talked about yesterday, and many of those families had said that they want to stay in Overtown. They don't want to move to Kendall or Carol City or whatever. The only hous- ing that can accomodate those families is the housing that is to be construc- ted - the public housing units. So, we can't have it both ways. Mr. Dawkins: Okay, what is the difference between public housing and afford- able housing? Id SEP 91982 Mr. Reid: Affordable housing...it is the income required to get in the hous- ing, Commissioner. Affordable housing is basically for moderate income people. Mr. Dawkins: Well, I am going to tell you... Mr. Reid: People $14,000 to $20,000. Mr. Dawkins: Let me go on record with you now, okay? If the White folks do not want them in the suburbs, then I do not want them in the inner-city, re- gardless of how. You see, it is time that we in this County, let everybody, as you say, take their fair share! And I for one, as an elected official, plan to all I can to see that when White people don't want it - jails, hospi- tals and public housing - when you all don't want it in the suburbs, then I don't want it in the inner city. Mr. Reid: As I said, Commissioner, I agree with that position. The problem here is that we promised to build this housing in an environmental impact statement. Mr. Dawkins: Then, let's unpromise. If there is any way we can unpromise. Here we go again, promising! But, you see, we are promising for that segment of the community which cannot defend itself. Mr. Reid: We can explore that and report back to you, Commissioner. Mr. Dawkins: They are at work now; they can't be down here, like the other people in the suburbs who have the time off to come and be heard. These individuals are trying to earn a living, and if we, sitting up here, do not attempt to protect their interest, then they are lost! Mr. Reid: I will be glad to report back to you with the Manager's suggest- ion to... 3. MOTIO14 OF INTEIiT: ASSIST SENIOR CITIZENS TO FM SUITABLL LOCATIO11 FOR "SENIOR CENTER" III CITY PARK. Mr. Dawkins: The other item, and I will be going to the County Commission after while if I have to... the other one is, Mr. Mayor and Commissioners, I spoke with Mr. Black and Mr. Jose Navarro and the Senior Citizens have the money with which to construct a Senior Center. Mayor Ferre: Howard and Dena, you had better listen to this, because we are going to vote on it in a moment. Mr. Dawkins: And they have some money with which to construct a Senior Center and they have $205,000 available, so we discussed ... we went to Ruth Shack, they couldn't find a place to purchase in the County, or what have you, so we thought in terms of putting a center on with our public building, recreation, so I would like to propose that we put this building in Manor Park or in Morn- ingside Park, or any other park that Staff could come up and recommend, but the point is, that this money has to be encumbered by the 30th of this month. rmr. Mayor, I don't know how to handle it, but we could do some kind of intent to work with them so that the money could be encumbered and then we get with them to decide on the site. Now, the reason I said two sites is, here again, I would not sit up here and say "Let's put this into Morningside Park" and they not want it, or Manor Park, so that is why I am saying, in any park that we could find, because I wouldn't want us to get the money tied up and then have somebody come in and say they don't want the facility near their home. So, I would like to make a motion that we go on record as saying we will work with the Senior Citizens to encumbered this money and put the Senior Center some place. Mayor Ferre: All right, there is a motion on the floor by Commissioner Dawkins, is there a second? Mr. Perez: I second the motion. id 8 SEP 91982 A 1 • f Mayor Ferre: clear? Does time? All right, under discussion - Mr. Manager, is the intent of this the Administration have any recommendation or position at this Mr. Gary: Mr. Mayor, I think that the intent is clear. I would perceive that the funding, we cannot commit it. I think the key issue as to where we should put this type of facility, and usually the opinion of the community with regard to Senior Citizens types of facilities have been very positive so I envision that we can find alternative sites for that if we come back to the City Commission with a recommendation. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 82-769 A RESOLUTION OF INTEITT OF THE CITY COMMISSION STIPULATING THAT THE CITY WILL WORK AND COOPERATE WITH THE SENIOR CENTERS OF DADE COUNTY, INC. IN CONNECTION WITH THE PROPOSED ESTABLISH- MENT OF A SENIOR CITIZENS CENTER AT A CITY PARK YET TO BE IDEN- TIFIED BY THE CITY MANAGER IN ORDER THAT THE SENIOR CITIZENS MAY PRESENT THEIR APPLICATION TO THE STATE FOR FUNDS BEFORE SEPTEMBER 30, 1982, AFTER WHICH DATE SAID FUNDS WOULD BE ENCUMBERED. (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 Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Vice -Mayor Joe Carollo 4. RESOLUTION: STANDARDS FOR POLICE OFFICERS - SOUTHEAST Ii1STITUTE OF CRIMIVAL JUSTICE. DISCUSSION: POLICE OFFICERS 1110 LIVE IN T_IM CITY TAKING POLICE Mr. Dawkins: The other one is, I have a resolution which I would like to present this morning. As you know, we are constantly losing money with the recruits we put into the Police Academy. We are losing money on the recruits that we put into the Academy. It is estimated that each recruit that we put into that Academy and they wash out, it is $15,000 down the drain, so I was talking yesterday during the budget hearing and we came up with the idea that we could pass a resolution that would probably correct that and ?A resolution of the City Commission urging and strongly supporting changes in the standards and procedures presently maintained by the South East Institute of Criminal Justice for the training of police recruits for the position of police offi- cers, further urging all other municipalities participating in the programs conducted by said institute to advocate such changes individually; further directing the City Clerk to forward copies of this resolution to said munici- palities. Whereas, applicants for the position of police officer in local municipalities, including the City of Miami have often been rejected in the past for deficient characteristics of scale performance levels which deficien- cies have proven to be remedied, or is not of such importance as to warrant rejection for employment; and whereas height requirements for the employment of the police officer has been modified, and whereas levels of scale perfor- mances are capable of being significiently increased with proper assistance, such as swimming, running and jumping; and whereas such rejection for employ- ment deprives the City of Miami of potential, capable police officers and the result and the waste of the monies expended on recruitment and training id 9 SEP 91982 IA I r V prior to such rejection and whereas such rejection hamper the ability of the City of Miami to recruit minority police officers, including Blacks and His- panics, now therefore be it resolved by the Commission of Miami, Florida, Section I, the City Commission hereby urges and strongly supports changes in the standards and procedures presently maintained by the South East Institute of Criminal Justice for the training of recruits for the position of police officers, Section II, the City Commission hereby urges all other municipal- ities participating in the program conducted by said Institute to advocate such changes. The City Clerk is hereby directed to forward copies of the resolution to said municipalities." I would like to offer that as a resolution. Mayor Ferre: All right, there is a motion on the floor. Is there a second?., Mr. Plummer: For the purposes of discussion, yes, I will second. Mayor Ferre: All right, this is a resolution now. This is not a motion. Mr. Plummer: I understand. Under discussion, Miller, you understand that the primary standards are not set by the Criminal Justice Board or Institute here, nor are they set by the individual municipality departments. I would say to you that those... they are set by the State of Florida. The State of Florida has minimum standards, (you are going to have to ask exactly someone in the Police Department), but there are minimum standards that are set forth by the State of Florida, as to eligibility for the Police Department. They set the standards, and I would assume... Mayor Ferre: You mean unilaterally they do it without consulting with us or... Mr. Plummer: Well, who is here from the Police Department? Who sets the standards in the State of Florida? Mr. Gary: There is a Law Enforcement Standard Board, and they have member- ship on that board and we have a member from Miami who also sits on that board and they promulgate the rules and regulations. Mr. Plummer: Okay, well, what I am saying is effect is, that I think that for your motion to be effective as I understand it, we would have to go the pressure to that board, because they set it from Tallahassee and I think it is the same as anything else. The local can only be more restrictive, it can- not be more liberal. Mr. Dawkins: Okay, there... Mayor Ferre: Plummer has a point here and let me tell you why I think he is right. Mr. Plummer: I understand what he saying, but I am trying to direct it to the right place. Mayor Ferre: Let me tell you why I think he is right. Where he is right is, that if we instruct our Police Chief that that is the City of Miami's position, and if the other cities that are participants in that board feel the same way, then that is where the pressure will come. Now, I think that as I sense this, what Miller is saying is, that there are a lot of good people who cculd make good officers, that are cut out because they can't swim, for example, and that we all know that supposedly, even though I don't know for sure, because I think it is a lot of hooey, that Blacks don't swim - I tell you I see where lots of them are pretty good and pretty quick in this community, but evidently that causes a problem in the Police Academy and what he is saying is, that if those people who can't swim are helped a little bit, they can swim in a matter of a week or two weeks of training and why should a person be denied the right to be a police officer when he can learn how to swim and he is denied it be- cause he can't swim! Mr. Dawkins: The other item that really gets me ... and the other problem - see, being out there with that Institute, I was closer to it then the rest of you. It is a waste of time. Now, they will take an individual... what does it take to qualify for a police officer with a gun?. Let's say the number is 210 - they will take an individual and keep him in there to qualify with a gun, and the individual will fire 200, and they will flush him out. With just a little training, you could bring him up to the 210, rather than go back and getting a whole new recruit. These are the sort of things that I am saying. id 10 SEP 9 1982 I am not saying drop the standards, because we don't want to drop any standards, but I am saying that if I have wasted $15,000 in an individual, and he fails to become a policeman because he didn't fire 210 and he fired 200 and when he got in there he couldn't fire nothing and I've raised him from nothing to 200. It doesn't take much more to bring him to 210. These are the sort of things that are happening out there that I don't know how to correct. Perhaps somebody up here can help me. Mr. Carollo: Miller, you better talk about swimming again, in concurring, and not about shooting. You might embarrass some people. Mr. Dawkins: (INAUDIBLE COMMENTS - OFF MICROPHONE) Mr. Carollo: Not necessarily replacement,but anyway, I think what you are say- ing is absolutely correct. I think that if this city is going to make an in- vestment on an individual that has been in the Academy for ten, twelve weeks or more, and then because of some minor difficulty they might have in areas such as what Commissioner Dawkins has described where they are just going to wash them out, I don't think it is fair, and frankly I think that leaves a lot of possibilities that can be opened up to personal differences of per- sonality conflicts between maybe people that are instructors at the Academy and particular recruits that they might not like for whatever reasons. I think that it is important to have leeway for reasons that we have stated here and many more. Mr. Dawkins: I will withdraw the resolution and just (INAUDIBLE). Mayor Ferre: I have no problems with it. I would only recommend that you change one word in it and the thing that bothers me is the word "standard". I don't think you want to use that. See, let me tell you what this is. "The City Commission hereby urges and strongly supports", so that is very mild - "urging and strongly supporting". "Changes in the standards" - we don't want to change the standards. "Changes in the procedures". Okay, so strike the word... Mr. Dawkins: Changes in the procedures to acquire those standards. Mayor Ferre: Yes. Changes in the procedures, or acquiring standards pre- sently maintained. Mr. Clark, do you have that? Changing of the procedures, not the standards. We don't want to change the standards. I mean, obviously, police officers have got to shoot a gun, they have got to swim and they have got to run. They have got to do all these different things, but it is the procedures that we are concerned with. Is that correct, Mr. Manager? Mr. Gary: Yes, sir, Mr. Mayor. I think it is important, before you take a vote for us to understand the processes as well as what has occurred. The South Florida Criminal Justice Institute is a consortium of members made up of various municipalities and Dade County. The City of Miami has made strides with regards to improving the assistance that we give to recruits to insure that they are going to be successful. As an example, we did have a problem with Blacks failing the Academy because they could not swim. As a result, we have a remedial swimming program and we don't have that as a problem now. We have a remedial gun shooting program, which assi3ts Blacks and others to shoot. We also have one with regard to remedial education. I think the key is that we have done that to assist our recruits, but what happens is the de- cision with regards to whether a recruit stays in the Academy or not a uni- lateral decision that we make, but a decision that is made by the consortium and we are suggesting, Mr. Mayor, that the other entities be encouraged to do the same thing that we are doing. Mayor Ferre: Okay. Then that is the second change that in portion II we say "that the Commission urges all other municipalities participating in the pro- gram conducted by the Institute to advance some changes individually. Add the word "individually". Is that right? Mr. Gary: Yes, sir. Mayor Ferre: Now, with those two changes, is there any objection to this resolution? Anybody have any objections to it? ld 11 SEP 91982 1 A 1 • V Mr. Perez: Let me ask you something, Mr. Mayor, Something else that I would like to point out - I have received in the past several complaints, especial- ly from Spanish speaking people about cultural tests. These people ... 1 think it would be important that we have the opportunity to request religion, or the cultural test, because for the non-native people, I think that they are not familiar with some kind of questions, for example - what was the most popular film in the 40's in the United States and for a person from South America, it was not easy, but I think that is very important. I don't know if that can be a part of the resolution, or without a resolution, but I would like to call the attention about the cultural tests. I think that we have a lot of Spanish speaking people who have some limitations in the cultural level. , Mayor Ferre: I think the point, and I think it is a valid point, is the validity. I think it has to read "foreign born people who are police officers have got to deal with native born Americans who may be causing a problem and they have got to understand the culture of the community they are dealing with, so I have no problems with that. I think if you are going to be a policeman, you have got to understand what the community and the country is all about. On the other hand, it has to be relevant, because frankly, and Mr. Manager, I think that you will remember, and I am sure Mr. Krause remem- bers that when we went through this whole thing with University of Chicago, that was precisely the problem that case after case, going back to the Cohen consent decree established about Blacks, that there were questions in -the examination for police officers that in effect disenfranchised Blacks, be- cause these were not things that Blacks dealt with at home or educationally, etcetera, etcetera, and therefore obviously they were not —now, why should Latins be any different than Blacks? I mean, they have got these cultural things too, so the point is this - I think that in your investigation of this whole thing, when you come back to the Commission, and I would like for you to make a report by the end of the year, okay? Could we set a specific time, second meeting of November? Mr. Gary: Yes, sir. Mayor Ferre: Could you report back to the Commission as to what, if any ad- vances you have made in what Miller Dawkins has brought out and what Commis- sioner Perez has brought out with regards to relativeness to the cultural portion of the test, for example, what film was popular in the 1940's in the United States. To me it is totally irrelevant to being a good policeman. What the heck is that got to do with it. I mean, there are cultural things that an officer must know about the way our country functions and the culture, but that is not relevant. Mr. Gary: We will get back to you. Mayor Ferre: Okay, further discussion? Mr. Carollo: Yes, Mr. Mayor. For the police related issues now, I would like to request from the Administration to bring up at the next scheduled meeting that we have, if not before - hopefully before we vote upon the new budget - this is something that was brought before by me quite a long time ago and for whatever reasons, I don't know, it was just mute and nothing fur- ther was done about it. Mayor Ferre: What? Mr. Carollo: It has to do with police vehicles to be taken home by police officers who live in the City of Miami. This is something that I discussed on quite a few occasions back when the Police Chief was talking to me. I mean, he was very much in favor of it and what I would like to suggest is that maybe the City of Miami can't afford:to:-give a police vehicle for every police officer who lives in the City to take home. That is approximately'25% to 28% of our sworn police officers. However, what I think we can try to accomplish is that maybe those officers that have been with the Department for three years or longer and live in the City of Miami (I have always made that point clear) can take the vehicle home. I think what it will do is - one, it is going to save us money and it will save us money in the following ways. It has been proven that departments that do let police officers take their ve- hicles home get more lasting mileage out of those cars because officers take much better care of them and number two, it would give an extra plus incentive ld 12 SEP - 9 1982 I A t • f to the police officers that have been around a while to stay with the Miami Police Department. Mayor Ferre: All right, now Joe, these are not the cars that have the $20,000 or $300000 worth of equipment on it. These are just automobiles that don't have a lot of complicated... Mr. Gary: Basic vehicle with the emblem, artificial lights. Mr. Carollo: Just a marked police unit, Mr. Mayor, a marked police unit. Mayor Ferre: Well, I want to reiterate my support and Howard, let me tell you why I think this makes a lot of sense. In the first place, as Joe said, it is a proven way in a neighborhood basis to help on the crime scene, and number two, and I think much more important, it is a major inducement for an officer to live in the City of Miami and I know we can't force people to live anywhere, but I think it is bad news when most of the police officers and other employees of the City of Miami have moved out of the City and I really think we ought to have an incentive and that is a good way to do it, you know, for the guys that want to live in the City of Miami, they have that little extra. Not bad! Mr. Carollo: But, secondly, Mr. Mayor what I think it will do also is it will, I think, go a long way in helping our visibility in the streets, seeing marked police units out in the streets and I think it will go a long way in helping us combat crime in the city. Mayor Ferre: When is it you want this brought up now? Mr. Carollo: I would like it brought up as soon as possible, hopefully before we finish our budget for next year, to see if somehow we could squeeze that in the budget. Mayor Ferre: We now have a resolution before us. Is there any other dis- cussion on the resolution as such, before we move on to other pocket items? If not, call the roll, as amended. And the amendments are, in the title, strike the words "standards and" and substitute "procedures that set the standards as presently maintained" and also add in section II, the word "individually" at the end of the paragraph, so it will read "to advocate such changes individually". Further discussion as amended? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 82-770 A RESOLUTION OF THE CITY COMMISSION URGING AND STRONGLY SUP- PORTING CHANGES IN THE PROCEDURES THAT SET THE STANDARDS PRE- SENTLY MAINTAINED BY THE SOUTHEAST INSTITUTE OF CRIMINAL JUS- TICE FOR THE TRAINING OF POLICE RECRUITS FOR THE POSITION OF POLICE OFFICER; FURTHER URGING ALL OTHER MUNICIPALITIES PAR- TICIPATING IN THE PROGRAMS CONDUCTED BY SAID INSTITUTE TO ADVOCATE SUCH CHANGES INDIVIDUALLY; FURTHER DIRECTING THE CITY CLERK TO FORWARD COPIES OF THIS RESOLUTION TO SAID MUNICIPALITIES. (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 Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None ABSENT: None 13 SEP 91882 ld r ISCUSSION ITEM: ESTABLISH 24 HOUR SPA;;ISH SPEAKING COMMICATIONS AT POLICE DEPARTMENT (OTHER THAN 911) Mayor Ferre: All right, Mr. Dawkins, any other? All right, Mr. Carollo? Mr. Carollo: I have a couple more, Mr. Mayor. The additional request that I would like to have, and again dealt with before we meet again to review our budget for next year, it has to do with a promise that was made to this community at least six months ago or more at the Police Station, where at least three members of this Commission were present. I was present, the Mayor was present, Commissioner Perez and the Police Chief were present. And that had to do with establishing a twenty-four hour a day phone number where Spanish speaking residents could call, and that phone could be answered in Spanish, twenty-four hours a day for emergencies. Mayor Ferre: Other than 911. Mr. Carollo: Right, other than 911. The Chief committed himself to that at that meeting. It was announced that it was going to be done shortly and up to this date, it hasn't been done. The reason, I think, that we need that like I stated back then at the time is as I had discussed with the Chief is that many times when our people call 911, it takes five, ten, fifteen minutes and longer for 911 to be able to get somebody that speaks Spanish, and I think that is just way too long for emergencies to be dealt with, so I would like those two matters to be brought up hopefully before the next Commission meet- ing, so that we can implement them as soon as possible. I think establishing a number such as that would be very cheaply done. I think that the area that we will have to give more consideration to is the police vehicles. Mayor Ferre: Okay. Mr. Carollo: Last, but not least,, I... Mayor Ferre: Where are we leading? You know the problem is, we bring these things out and we kind of leave them hanging. 6. DISCUSSION1 ITEM: CANINE TRAINING AREA .411D OPEN DOOR GUN RANGE FOR POLICE TRAINING AT VI^GIrTA FXY. Mr. Carollo: Well, I made it clear to the Manager that I would like to bring this up before we finalize our budget for next year and last but not least, I would like for the Manager to give me a study of what could be done at Virginia Rey to use part of the facilities there that are presently not being used at Virginia Rey for police use and in particular, for use in the follow- ing areas: additional areas for the training of the canines, horses, and to do a study to see if it is possible to have a gun range for our police officers, an open door gun range at that site. The type of gun range that I am envision- ing is not the type that you are going to spend millions of dollars in building, but the type where you are going to have dirt mounds placed that could be very cheaply done, probably for not such more than $150,000. Mayor Ferre: What do they serve? What purpose do they serve? Mr. Carollo: The purpose that they will serve is that the mounds would be to stop the bullets, of course, from not going any further, but the reason I am suggesting an open door gun range - number one, it is much more practical than the present arrangement we have, this closed door and secondly, you have a problem with the in door gun range with the lead that you are breathing all the time. 4 CEP 91982 id Mayor Ferre: Well, I think we have to kind of study the safety features, because that is a residential... Mr. Plummer: It is not your problem. Joe, we advocated this three years ago and... Mayor Ferre: Can we put the stables out there too? Mr. Plummer: I just wanted to put it so that Ferre understood! The environ- mentalists are the ones that stopped it before. I proposed that instead of people having to drive out thirty miles to the Tamiami Trail out there, that we could put in a recreational facility for those people who enjoy skeet shooting and things of that nature. The environmentalists were the ones who put a stop to it by saying that the buckshot and the stuff in the water would affect the environmental growth. Mayor Ferre: Yes, but he is talking about something else. Mr. Plummer: I understand what he is talking about, okay? But, I am telling you that is where the stop came from before. Mayor Ferre: Yes. Mr. Carollo: Well, this is not going to be going into the water. We are going to be putting mounds of dirt to atop the lead from going into the water. Mayor Ferre: Well, let's look into it, and let the Police Department come back with the report. This time, please, from the beginning, invite Marilyn Reed, Friends of the Everglades, the Audubon Society and others to participate in the discussion from the beginning and not at the end so that we don't have this...you know, at first it sounds like it might be dangerous, but if the range is properly done and all that, there may be ways of doing it so that it is appropriate, okay? Anything else? All right, J. L.? 7. CONDOLENCES: DEATH OF I'MiANDO PUIG Mr. Plummer: Mr. Mayor, we are all aware of the tragedy which struck our community and friends to most all of us, or at least known to all of us with the untimely passing of Fernando Puig. It was a senseless thing. Anytime you take a man's life it is senseless, but in this particular case even further by virtue of the fact that obviously the intent was robbery, which they did after the man had already been shot and was dead and then one block away, took all that they had robbed from him and threv into a trash pile makes it doubly senseless. Fernando was, as most people in the political field, controversial for you or against you, whatever, but basically I think Fernando was a very fine human being. My first resolution would be of course, as this Commission does on numbers of occasions, is formally express to his family our sympathy at his passing. Secondly, Mr. Mayor... Mayor Ferre: Do you want to do that first? Mr. Plummer: Okay, let's do that first. I offer that in the form of a reso- lution. Mayor Ferre: There is a motion on the floor expressing sympathy. Mr. Perez: I second. 15... SEP 91982 i Mayor Ferre: Second by Commissioner Perez. Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-771 A RESOLUTION EXPRESSING THE DEEPEST SYMPATHY AND SINCEREST CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF THE CITY OF MIAMI AND ITS CITIZENS TO THE MEMBERS OF THE FAMILY OF FERNANDO PUIG UPON HIS DEATH. (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 Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None ABSENT: None 8. ALLOCATE $2,600.00 TO U.S. MASTERS NATIO14AL CHAMPIONSHIP R011ING REGATTA. Mr. Plummer: Mr. Mayor, those of us who knew Fernando well knew that the one thing that he was very instrumental in was rowing. Mayor Ferre: What? Mr. Plummer: The rowing of the Big Five club. The rowing community have scheduled this weekend a rowing regatta at the Marine Stadium, which will bring in some three to four hundred individuals from across the United States for the purposes of a regatta. Unfortunately, at the last minute, their sponsor has pulled out, which has put them in unbelievable jeopardy. It has been requested of this Commission that the main race would be in the honor and memory of Fernando Puig. They are asking this Commission, if possible to waive the rental fee for the Saturday and the Sunday so that they can proceed with their regatta. This is a one-time request. It is not by design. I will have to ask what the rental feel amounts to. I think it is about $1300 a day. Mr. Gary: You don't want to waive it - you want to contribute it. Mr. Plummer: Well, we want to contribute, I am sorry, the wording is wrong. Mayor Ferre: All right, Commissioner Plummer has a motion that the City of Miami contribute, what is it $1300?... Mr. Gary: $2600 for the two days. Mayor Ferre: $2600 for two days. Now, I want to support that and the reason why I want to be supportive of it is because rowing and the regattas are of tremendous importance to this community. It is a healthy sports activity, which I think we need to sponsor and I think that anything we can do to help these young people and we can do to further Miami as a boating and regatta center is very important. Now, when they could afford it, fine, but now they have their main supporter has now pulled out on them, so I think we need to go in there and help them, so I want to fully support that. Is there a second to that motion. SEP 91982 f Mr. Perez: Second. Mayor Ferre: It has been seconded. Further discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption. MOTION NO. 82-772 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE AN AMOUNT OF NOT TO EXCEED $2,6000.00 AS A CON- TRIBUTION TOWARDS THE "U. S. MASTERS NATIONAL CHAMPION- SHIP" (ROWING REGATTA) WHICH IS SCHEDULED TO TAKE PLACE ON SEPTEMBER 11 and 12, 1982. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Vice -Mayor Joe Carollo 9. DISCUSSION ITEM: POSSIBLE CREATION OF CITY COMM 41TY RELATIONS BOARD. Mayor Ferre: All right, Demetrio Perez? Mr. Perez: I only have one pocket item. Mr. Mayor, you know the feeling that we have in this community about the Scarface film and that controversial issue. Okay, but I don't want to reopen that case. The only thing, the expedience that I obtained from this matter is I would like to request the support of the Commission in order to instruct the City Manager and the Legal Department to create ... the possibility to create a community relations board in the City of Miami where we have participation of all the different community groups in order that in the future we have the board where all this emotion can be dis- cussed and where we have the opportunity for an open conversation. I would like to request the opportunity to create that board in the future in the City of Miami and that we obtain the experience that they have with the C.R.B. in Dade County and Dade County United and all those efforts. Mayor Ferre: All right, Mr. Manager, the request, as I understand it, of Com- missioner Perez is that the Administration study the possibility of the crea- tion of a City of Miami Community Relations Board. I think that for you to do that properly, you should invite Mr. Bob Sims, the head of the Dade County C.R.B. to come and discuss this with you. I had recommended two years ago, when Mr. Sims requested funding from the City of Miami, that the C.R.B. have specific seats allocated that the City of Miami Commission would fill, as you know they are currently filled by Metropolitan Dade County. I also think that the Dade ... Greater Miami United, which also serves in a similar type of a role should be invited to see if there is any duplication, to see if perhaps there is a void that needs filling, or perhaps if they need to address themselves to issues that are Miami oriented, so when you come back, would you make sure that you discuss it with those two groups. Mr. Gary: Yes, sir. Id 1'7 SEP 91982 10. DISCUSSION ITEM: NOVEMBER 13 BENEFIT (Commissioner Perez) Mr. Perez: I have something. I had a notice that was brought to my atten- tion from Reverend Martin Anorga that on the 13th of November that we have a benefit on behalf of the home for orphaned children in Uruguay. This event would try to promote further relations between our countries. I would like to invite Reverend Anorga later today in order to propose that issue today that they are requesting some kind of support for the auditorium facility. Mayor Ferre: All right. Mr. Perez: Would it be possible to have it in the afternoon? Mayor Ferre: Fine. All right. Any other pocket items? 11. C01424ISSION TO PROCEED TO ESTABLISH MORAL STANDARD P.EGARDING CABLE T.V. BASED ON SEPTEMBER 7 REFERL"NDUM. Mayor Ferre: All right, now I have four pocket items. They are the following things. The porno vote on cable T.V. on Tuesday, the stadium coliseum issue and number three, the November 2nd election on districting, and number four, the UMTA grant that was written up in the newspaper this morning. Mr. Carollo: Mr. Mayor, if I may interrupt you for one second - I don't know if the Administration was going to bring this up, or if they were waiting for us to do it instead, but there is another proposed straw ballot question that is going to be on the November 2nd ballot, having to do with not giving any funding to any convention or activities where you are going to have Communist countries represented. Mayor Ferre: Is that on the agenda? Mr. Gary: No, sir. Mayor Ferre: Well, then I will recognize you. Let me finish with these four items and then I will recognize you for that. All right, Mr. Manager, the people of Miami expressed themselves with regards to obscenity and porno- graphy on cable television. We have not canvassed that vote yet, but I as- sume that once we have canvassed it, it will be the official position of the people of the City of Miami. Now, I would like to ... please forgive me, I am going to take about three minutes in explaining it, but I think it is important. First of all, there are people who say that this was not a valid expression of the voice of the City of Miami because only 13,000 people out of 120,000 voted, therefore it does not represent the majority of the City of Miami. Let me say that we live in a democracy and in the democratic process when people are given the opportunity to express themselves, if they forfeit that opportunity, then they don't have any rights to express them- selves, by their choice. So, those who take the time to vote express the will of the majority. Now, I also through personal experience have found that when there are votes, that sometimes if it is a 35% turnout or a 60% turnout, that there is really not that significant a difference and I might remind you those of us that go through the electoral process, that when pre- cincts start coming in, four, five or six precincts, we come to basic con- clusions as to which way an election is going In the same way we do with polling and that I think that when there is election that is fairly repre- sentative, most of the time, of the will of the majority. Secondly, I would like to point out that Mr. Kuntz and others in the Gay, or the Homosexual community, whatever it is called has claimed that they claimed a major victory. You know, these people amaze me! If the vote had been the reverse, i8 SEP 91982 0 0 I am sure there would have been no doubts about this. It seems to me unbeliev- able that when they lose they have the gall to claim a victory anyway! Now, I would like to point out that there is a First Amendment issue here. I well understand that. I understand that people have a right to express themselves and I would also like to say that the federal courts and the Supreme Court have time and time again expressed themselves with regards to pornography. That is a special part...I am not a constitutional lawyer - I am not a lawyer, but I know that there have been many expressions about pornography and ob- scenity and how the first amendment deals with that. The other day, dealing with Scarface I read a federal case which was the City of Ann Arbor, Michigan vs. Sambo. Now, this was in November of 1981. That issue dealt with a com- munity group, mainly Black, that went to the City Commission and Ann Arbor sued to try to stop a restaurant from putting up a restaurant by the name of-, Sambo's, because that was culturally offensive to Black people. The federal court ruled that as offensive as it was, that those people had a right to name that restaurant Sambo because they were protected by the First Amendment. In that ruling there is a paragraph that says that other than matters of obscenity which have a special condition under the Supreme Court rulings and so I started to read and try to study what that was and there is no question that the Supreme Court has made special exceptions in dealing with obscenity with regards to the First Amendment. And the fact is, that when there had been in the past rulings, the thrust of what I understand the Supreme Court has said is that communities have a right to set standards. Okay, now, the third argument that I want to point, and that comes mainly from my friends in the Miami Herald. My friends in the Miami Herald (I do have some friends in the Miami Herald) keep on asking me and Rick Zaldivar and others and other reporters and other people that come around asking this question that comes from the editors, okay? And the editors keep sending these reporters to ask me this question, "Why do you want to put on the ballot pornography when you were not willing to put cable televison on the ballot?" The difference ... I told them, but they don't want to print that - that part they don't want to print. Let me tell you, on the record now, so that it can be on the record what the difference is. The Supreme Court of Florida has ruled that a City has a right to grant a license. The City of Miami Commission granted a li- cense to a company... two companies, for a cable television license. We don't have to put that on a referendum. There is no Supreme Court of the United States ruling that says that that has to go to a referendum. We, as elected officials, as Holmes Braddock said yesterday when he won, he said "I am not elected to vote on popular issues. I am elected to do what I think is right". That is because we live in a republican form of government, and for you young people that are here, let me tell you, that it is essential that we maintain and we safeguard and we protect this republican form of government, and that is not a party. I am not talking about party republican, I am talking about the form of government, and that is, the people are elected in our country (there are five of us here) to make decisions for this govern- ment and we set the policy. We were elected to make those decisions, and we in our majority elected to give a company a license. That does not have to be put up for a referendum. However, on a constitutional issue, dealing with First Amendment, that is with freedom of speech and freedom of expression and the issue of pornography, we do not have the right, unilaterally, as the Supreme Court has said, to go and unilaterally establish what is right and what is not, and since that cable is being laid on the City of Miami streets, we jointly,*we the people own those streets. We, the City of Miami Commission elected to represent you, can make a decision as to what is laid on those streets, whether it is a sidewalk, or sewage pipes, or whether it is cable television and when that cable television cable is laid, we have a right to decide how it is used, therefore, following those mandates, following the Supreme Court guidance and according to our City Attorney, we put this issue before the people of Miami. The people of Miami have now decided, in their majority, those who voted that they do not want pornography. Now this is my fourth and last point - to those who say "Well, who are you to decide what pornography is, and who are you to decide what is right and what is not?", let me say that somebody has to do it. Somebody has to do that. Now, I am sure it will be challenged. I am sure there will be a lot of challenges to this and we are going to have to be careful about how it is challanged. But, my interpretation, and I think the City's should be, the people of Miami voted in the majority against having pornography on cable television. Now, pornography to me is very simple. We are not talking about nude bodies and we are not talking about nude people being on television. What we are talking about is sexual deviation; what we are talking about is intercourse; what we are talking about is the type of things that I think are fairly easily 1 SEP 919OPI " Mayor Ferre: I would like to recommend the following people to be involved in those discussions with you, Mr. City Attorney: Father Perez Verena, presi- dent of Belen Jesuit Prep School; Dr. Pedro Roi, president of Inter -American Military Academy; Francisca Aldrich, president of the Centro -Meter Day Care Center; Evaristo Marina; Dr. Saul Landau, Rabbi -Emeritus of Beth -David Congre- gation. I will be submitting other names to you in the future. I am sure that the American Civil Liberties Union will be submit names to you. I would recommend that you talk to anybody, uou know, the lawyers that represent all the porno owners, Mr. Hirshhorn and others, that may want some input into this process. Janet, for a very brief 30 second statement... Ms. Janet Cooper: Very brief. Mr. Carollo: If I may, Mr. Mayor, I would like to make a statement before we open it up to people from the public. I think this community should be ex- tremely grateful that we had a Mayor did what maybe was not popular for the bully of the town and brought something forward to this Commission that is for the benefit of not only this community now, but this community in the future. Maybe a lot of us here don't realize the importance of the decision that was made when the Mayor brought this issue out, but I think that is some- thing that is of vital importance to this community. I think if we look at history, history tells us a lot and Rome did not fall from without, it fell from within. This country was founded on the structure of the family and the belief in God and every country that you see that is falling apart, where Communism is rampant, you see that is a country where the family unit is being destroyed, it is a country that has no morals whatsoever. I am a little surprised that Mr. Kuntz after moving to Gainesville decided to come out of the closet again and come back to Miami, especially brag of what a great victory they had at the poll. Well, I would like to answer that state- ment that Mr. Kuntz made with a statement that the prime minister of Israel, Menachen Begin made when another chap that I am sure is in favor of porno- graphy too, Yasser Arafat made, when the PLO were leaving from Beirut, He was also bragging about what a great victory the PLO had. Well, Menachen Begin answered him in the following way. He said he hopes that they keep on having those kind of victories.Well I hope that Mr. Kuntz keeps having those kind of victories. Mayor Ferre: All right, Janet, for a brief statement. Ms. Cooper: Janet Cooper, 169 East Flagler Street. I am not going to add- ress the legal issues as far as First Amendment or what constitutes ob- scenity or pornography, or the wording of the ballot, but I would like to bring this back to the origin for a moment and direct your attention to what caused this entire discussion in the first place, and I believe, if I remember correctly, Mr. Mayor, it was when you went to New York and without your own choosing, you turned on the television and was confronted with a movie in the X-rated category. This can be presented and I think that is a worthy goal to prevent people from being confronted with that situation when they specifically do not want that situation, but I would suggest to the members of this Commission that it is entirely possible to assure that with- out going so far as to completely eliminate this type of programing from cable tele- vision. Specifically because it is on cable, you have the right to enact an ordinance and a condition on the cable operators that would require be- fore this programing be sent into anyone's home that they specifically re- quest it in writing - that violation of sending this into their home... Mayor Ferre: Janet, we are going to have a public hearing and that is the proper time for you to express all of this, you know. Ms. Cooper: Well, I would just like it on the record at this time, because this is the time that this Commission is expressing their views, that it is possible to do this in another way. Mayor Ferre: No, we have expressed our views from the beginning. Ms. Cooper: Well, you have done it by resolution now, I believe it was, or by motion at least, and I would like... Mayor Ferre: Ma'am, I would like to point out to you that this City Commis- sion went on record on this issue. We discussed it. We didn't come to any conclusions. All we did is we let the City of Miami electors have a right to express themselves on a straw ballot which is non -binding. Now, what I Srj 20 9 1982 _ _ Id + , i 0 described and I think that that is a legal matter. Now, to do so, we will hold a public hearing, because I think the only way to do this is to let the civil liberties groups and the owners of pornographic theatres and the owners who are going to make money out of all of this to come up, and they have a right too, to fight us and to express their opinions and then we are going to have to go through the difficult route of ... Mr. City Attorney - of describing, and I think that is something that we can hopefully legally do, what consti- tutes pornography on cable television. Therefore, Mr. Manager, I am request- ing that we do this as quickly as possible and by that I wean before the end of the year. We can't do it in October, but sometime in November or Decem- ber, I think we ought to have a public hearing and I would like to have your input and the recommendation. I would like for you to consult with both sides of this issue. Everybody has their rights here. You contact the Ameri- can Civil Liberties Union. You contact the Moral Rearmament and the Moral Majority groups. You contact the Archbishop. You contact the anti -ERA and the anti -abortion and the pro -abortion and all of the people - the Gay groups and all of the people who want to express themselves on either side - get their input and talk to their lawyers and come back with a recommended word- ing and let's have a public hearing in the next two or three months on this issue. Now, do you need that to be formalized in the form of a motion? I think so to call a public hearing and therefore Mr. Carollo, I pass the gavel to you and I move you sir, that the City of Miami proceed immediately to establish the standards of this community on pornography for cable television and to that end that we instruct the City Attorney to come back with a specific recommendation and that we hold a public hearing on that issue. Mr. Carollo: There is a motion, is there a second? Mr. Plummer: Mr. Mayor, I am going to second it, but I am going to offer a little change of wording which I think will make it more binding, and I think that if you start off your resolution or motion by the wording that says 1pin compliance with the community standards set at the recent referendum" and then use the words of your motion, I think it would be more in order. Mayor Ferre: That is right, and using what words? Mr. Plummer: If you would start off your resolution or motion by stating, "In compliance with the referendum of setting community standards". Mayor Ferre: Yes. Fine, I accept that. All right, any further discussion? Mr. Carollo: Hearing none, can we have roll call. The following motion was introduced by Mayor Ferre, who moved its adoption. MOTION NO. 82-773 A MOTION DELCARING THE CITY COMMISSION'S INTENT TO PROCEED TO ESTABLISH MORAL STANDARDS FOR THE COMMUNITY CONCERNING THE SUBJECT OF PORNO ON CABLE TELEVISION; FURTHER INSTRUC- ING THE CITY ATTORNEY TO COME BACK WITH SPECIFIC RECOMMENDA- TIONS AND A PROPOSED ORDINANCE; FURTHER DECLARING THAT A PUBLIC HEARING SHALL BE HELD CONCERNING THIS SUBJECT; ALL OF THE ABOVE IN COMPLIANCE WITH THE RESULTS OF THE RECENT REFER- ENDUM HELD ON THE SUBJECT OF PORNOGRAPHY ON CABLE TELEVISION. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None ABSENT: None ld 21 ,SEP - 91982 doing is taking the next step in what is obviously a very complicated legal process. You will have the right, along with others to express yourselves. This is not a public hearing and this is not proper, because there are peo- ple here, and if you want, I will ask for a show of hands and I will recog- nize all of them and they will say just the opposite of what you are saying. And I will do that just for the sake of showing you something. How many of you are here because you are against pornography being shown on the tele- vision tubes, or the cable television, or the City of Miami, period? Raise your hands. Okay? Now, do you see that there are others? Now, if I start asking... Ms. Cooper: Well, you should report that there were six people who raised their hands. Mayor Ferre: Do you want me to do it again, because all these children that are here are specifically here for that purpose and I don't think that they... voters, okay. Whether it be voters or otherwise, the point is, and if I recognize you Janet ... hey, if you want me to pack this place, I can show you that I can bring 10,000 people here and I will! At the public hearing, I guarantee you that I will have 10,000 people in... Ms. Cooper: I am sure that you can do that, Mr. Mayor, but I am saying that you can have the beneficial effect of what the people thought they voted for and of what you were raising of the issue without going so far. Mayor Ferre: Don't start telling me what the people thought they voted for. It was very clear and we will address this at the public hearing. If you want, and I don't mean you.... Ms. Cooper: I will defer and I'll not address the issue at this time. _ Mayor Ferre:....personally, but those people who want to see pornography, there are a lot of shops all over this community and in others where you can buy all the tapes you want and you can go home and watch all the pornography you want, but we do not want it on cable television. Ms. Cooper: And that is my second point, Mr. Mayor, that if this were avail- able to those people who in writing choose to have it in their home, which would not be offensive to those people, this would probably cause a reduction in the incidents of adult book shops and X-rated movie theaters. ld Mr. Carollo: Mr. Mayor, may I make a brief statement, since Ms. Cooper is up here already? I would just like to ask her something. You know, Janet, you are for all those things that are destroying this country. You are against prayer in the schools, you are for pornography, all those nice things that the vast majority of Americans are against, but I just want to get in the record for once and for all, since the last time that I asked you this, you refused to answer. Isn't it true that the reason that you feel so strongly for pornography, for these other thingo y2baye come here and defended and championed for is that you don t�e eve Ms. Cooper: I refuse to answer the question. Mr. Carollo: I figured you would! Ms. Cooper: I object very seriously to your asking me, since it is not in any way pertinent to this question. Mayor Ferre: All right, Janet, that is why I didn't want to get into this thing. Thank you very much, and... Mr. Carollo: Thank you, Ms. Cooper. You answered my question. Ms. Cooper: Thank you for your public statement as to your opinion as to what the majority approve of and what you think is good in destroying this community. Mayor Ferre: Janet, you are out of order. I will recognize you at the pub- lic hearing. 22 on .SEP 91994 is 12. PROJECTED USES OF 12 ADDITIONAL SALZS TAX FOP UPGRADING ORAIIGE BOWL, COLISEUM, BANDSHELL, ETC. Mayor Ferre: We are now on the question of the stadium and the coliseum. All right now, members of the Commission, I have a serious concern and I am going to invite first Mr. Plummer to speak to this issue on this ques- tion of the November ballot, since he represents us on the Sports Authority,., and Commissioner Carollo represents us on the sub -committee for the Coliseum. Now, my concern is this - you see that this community is being torn apart. And every day we have a new opinion. Today from the Miami Herald we have another...you know, as if it isn't confused enough, we have another alterna- tive, which by the way, is a pretty good alternative, but it is another opinion. Now, this is about the tenth opinion out there in the community. Now, I don't know what Metropolitan Dade County is going to do. I would like to say that we started out on this thing trying to be supportive of the Sports Authority. I remain supportive of the Sports Authority. I remain supportive of Plummer's vote on the Sports Authority the way he voted, and then went to the County Commission. They chose to ignore most or part of it, so it is all confused now. There is a public hearing on Thursday coming up as to what is going to happen at the County level. Now, I don't want to get into a long discussion on this if we can avoid it, because we really don't have anything to do but to recommend and you know that the County Commission fol- lows our recommendations very, very closely. I am being facetious. Obvious- ly, they are going to ignore it in this like they will ignore it for most other things, but we do have a recourse, and that is what I want to address myself as to what this Commission can do. Now, again let me emphasize that I am totally supportive of what the Sports Authority is recommending. We must however, be prepared for two occurences. Occurence number one is that they end up squabbling, Broward County pulls out, the thing goes into pande- monium and the County Commission decides not to have a vote on November 2nd. Mr. City Attorney, you have to now give us some guidelines, legally, as to how we get prepared, should the County, on Thursday, or subsequently decide not to have a vote on the one -cent sales tax, which I would find unbelievable, where they would commit such a foolish thing and we have got to be prepared not to follow them in their foolhardedness. The second thing that you have to guide us in is, if it goes to a ballot on November 2nd and God forbid it should lose - in other words, if the people of Dade County vote "no", the City of Miami, fortunately through the work of Rick Sisser and especially Barry Kutun and Jack Gordon were able to secure the right to put on a referendum before December 3lst, a one -cent sales tax for the same purpose. Now, as I understand it, we have got to start the legal procedures of voting a resolu- tion.... Mr. Plummer: We already have. Mayor Ferre:....and eventually I guess...no?...but, it has to be formalized legally. Mr. Garcia -Pedrosa, you have to notify the elections board that there will be an election for the City of Miami on November 2nd and what the purpose.... Mr. Gary: If they don't pass it. Mayor Ferre:....if they don't pass it, then we have to have an election. You follow me? On November 2nd. Now, the point of all of this is, I don't know what legal procedures must be established, and Clark Merrill maybe can guide us on this, but we need, I think, to vote on it today for a November 2nd election. The second thing, Mr. Garcia -Pedrosa, is that we must also call for a public hearing. Clark, I want you to listen to this with the Manager. We must call for a public hearing to determine so that the voters know what they are going to be voting on. In other words, we cannot have a resolution out in limbo. What is the one -cent sales tax going to be used for? In other words, we are going to get $60,000,000 out of it, okay? Now, I would recommend, and I don't want to start causing dissension with the Sports Authority or with Metro or Thursday, but I think that we have got to be very specific, very clear and very precise, because what has happened to Metro and to the Sports Authority that they rambled all over the place, that has caused further dissension, further division, and now we have this 23 SEP 91982 "maybe yes, maybe no" thing. For us to avoid that same pitfall, I think we have got say what we are going to do now. I would like to propose that at that public hearing, that we specify the following three objectives for the usage of that $60,000,000. The three objectives are, number one, the re- furbishing of the the existing Orange Bowl by adding 55,000 chair -backed seats. Number two, the addition of escalators and other vertical transporta- tion means, including elevators, so that there will be an improvement on the ingress and egress to the stadium vertically. Number three, that the public facilities be improved, namely bathrooms and the concession areas. Number four, that we purchase additional land with the intent of closing off - streets so that along with what we own and what we will buy and the streets that we will close, we will have a sufficient parking space to park no less than 10,000 cars. Mr. Plummer: It would be 10,000, Mr. Mayor, of our own, but, that does in fact, going to the north, gives us the access to Taj Mahal. Mayor Ferre: Okay. 10,000. Number five, in the specific things that we are to do. That we are to work for a pedestrian draw bridge connector across the Miami River to tie into the parking areas at the hospital Civic Center and specifically the Civic Center Metro Station and that it be in those priorities, that that will be our number one priority and that we will expend up to $35,000,000 to that end. Number two, that an equal priority will be the building of a coliseum in the downtown area that will seat no less than 18,000 people, but hopefully will go up to 22,000, which is the modern standards; that it be somewhere in the downtown area; that the number one choice being the riverfront property next to the Convention Conference Center for the purposes of adding an exhibition hall and that our second choice be somewhere in the vicinity of the meeting of Overtown, the Government Center and Park West, not to be more than two blocks away from either a Metro -rapid transit station and a people mover station in the downtown area and that we commit no less than $25,000,000 for that project. And number three, if there is any money left over for cultural activities, that we dedicate those monies for the reconstruction of an outdoor ampi-theater in the downtown area to be named after Cesar LaMonica to replace the bandshell that was recently torn down by the expansion of the park Now, I therefore move, Mr. Vice -Mayor, that we put those specific items on an agenda for a public hearing depending on the timing addressed by the City Attorney that we notify the Elections Department of our intentions of holding after the public hearings an election either on November 2nd on the 14th of December, which is the second Tuesday of December, should the Metro election for a one -cent sales tax be defeated, and I so move. Mr. Carollo: There is a motion. Is there a second? Mr. Perez: Second. Mr. Carollo: Commissioner Perez seconds. Any further discussion? Mayor Ferre: I want to make sure, because the Press is going to be report- ing this and I want to make sure that it is understood that this in no way indicates my dissatisfaction with the Sports Authority or what Metropolitan Dade County is doing. I am fully supportive. I will publicly campaign for what they are doing. I am just doing this as a precautionary measure so that we are not left totally empty handed, as might be the case the way things are going. Mr. Carollo: Hearing no further discussion, may we have roll call. THEREUPON THE FOREGOING MOTION, duly introduced by Mayor Ferre and seconded by Commissioner Perez was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None ABSENT: None 24 SEP 9 1982 9 (LATER FORMALIZED INTO RESOLUTION NO. 82-850 ON ROLL CALL: Mr. Dawkins: I vote "yes", but I also like to add that if it can be held on November 2nd with the other general election that we do it then to try not to incur any more expenses. 13. DISCUSSION ITEM: APPOINTMENTS TO DISTRICTING COMMITTED: (See later same meeting) Mayor Ferre: All right, now my third item was districts. Now you know we have a November 2nd issue coming up. I remember last time we went into the idea of districting. Clark, you may remember, and I will put it right on the record. Joanna Ragg of the Miami Herald Editorial Board told me that if she had known what the districts were, the Miami Herald would have supported districting, and that is a lot of hogwash, okay? That is just a lot of hogwash. Now, so that Joanna Ragg and the Miami Editorial Board will now have to find another excuse to cop out on something that they just don't want to do and they don't know how to find excuses for doing this. I want to put on the record that we im- mediately constitute the district board and that we instruct the City Attorney to speak to the administrative judge of the circuit court. What is his name? Mr. Garcia -Pedrosa: Eleventh Judicial Circuit. Mayor Ferre: What is his name? Mr. Garcia -Pedrosa: The chief judge? Mayor Ferre: Yes. Mr. Garcia -Pedrosa: Gerald Wetherington. Mayor Ferre: This is Florida court now. I am not talking about Federal court. Mr. Garcia -Pedrosa: Yes, sir. That is the Dade County Circuit Court. Mayor Ferre: Dade County Circuit, right. That immediately contact Judge Wetherington and we constitute that Committee to start functioning forth- with so that when on November 2nd the people of Miami vote for or against districting, they will have the very clear districts so that there won't be any questions in the Black community, or any questions in the Latin commun- ity or any other community as to what they are voting for and that people aren't going to start playing jerrymandering games and disenfranchise the Blacks or'the Cubans or anybody else, so that there will be a very clear specificity for what people are voting on and I would like to urge that the members of this Commission, if you can, by the end of the day, appoint your representative . Now, I might remind you of who the committee is composed of. The committee is composed of the following people, okay?...It is com- posed of the Chief Judge of the Circuit Court, Judge Wetherington; the president of the Dade County Bar Association, Mr. Richard Cole; the president of the Cuban -American Legal Association, Mr. Frank Angones; the president of the Black Lawyers Association, Mr. Eddie Mays and the five members to be appointed by this Commission. Now... Mr. Carollo: Mr. Mayor, excuse me, but, why do we always have to appoint all these attorneys to everything. I mean no offense to anybody, but I think we have other people in this community, professionals, that you know, can give us as good a decision as an attorney can. I don't think this is a question that requires any legal expertise. Mayor Ferre: Yes, but Joe, the problem is that we have already done it that way. We voted for it that way. It is on the ballot that way and so that is where we are at. Now, you can appoint a non -attorney. Now, I will make my appointment right now and I would ask that if you can, by the end of the day you make your appointment. I am going to appoint Mr. Tom McAliley is my 25 SEP 91982 i • . ld appointment to the board and let me explain that Mr. McAliley was retained by the Florida Senate and is one of the recognized experts on legal jerrymandering and reapportionment and districting in the State of Florida. Mr. Dawkins: I make my appointment: Carrie Meek, tentative - Carrie C. Meek. Mayor Ferre: All right, you have two appointments. We are now missing three. I would like - do you have an appointment that you want to make? Mr. Plummer: Mr. Mayor, I think the man that knows as much or more than most people around this community - I will nominate Mr. John Lasserville. Mayor Ferre: Joe, do you have an appointment? Mr. Carollo: Not yet at this point in time. I would like to think a little more. Mayor Ferre: All right, we will have two more appointees, Mr. Garcia -Pedrosa, but those you now have - seven names - if you will inform those seven people and ask the Chief Judge (remember you have to serve on this ad -hoc) - is that what it is called? Mr. Carollo: Mr. Mayor, if Mr. Emilio Milian would accept, I would have to speak to him, but I would like to appoint him. Mayor Ferre: Mr. Emilio Milian has been nominated and you will have to see if he will accept. The only vacancy now is Demetrio Perez' Mr. Perez: I would like to appoint Mr. Tony Ramos. Mayor Ferre: Reverend Antonio Ramos of the Hispanic Baptist Church. Mr. Garcia -Pedrosa: Mr. Mayor, the way we have the matter worded, I don't serve actually on that committee, but merely advise it or make myself avail- able, and I should also point out that we have the nominations set up as you have them here, but then the Commission we have voting on the actual appoint- ment of these persons, so you may want to make a motion to that effect. Mayor Ferre: All right, that is why I have asked, so now, I will move that the Committee as appointed today be formally appointed and request that they start the deliberations so that they can conclude the districts before the November 2nd election. Okay? Mr. Carollo: There is a motion. Is there a second? Mr. Dawkins: Yes, I will second it. Mr. Carollo: There is a motion and a second. Discussion. Mr. Mayor, the only thing that I want to emphasize is that the final decision as to where the boundaries are going to be made, is going to lie in the Commission's hands. I don't want to give away of that final decision to any committee. I would certainly listen to their advice and suggestions, but I, for one am not willing to give the final decision to be made to the committee. Mr. Plummer: Well... Mayor Ferre: Joe, that is not the way it is. Mr. Plummer: You are going to have to change that if that is what you are feeling on. Mayor Ferre: I would like to... Mr. Carollo: Let me tell you what my feelings are. The first guy that is going to play games is going to be John Lasserville. Since the committee that the Mayor appointed.... Mayor Ferre: That is why I didn't nominate him. Mr. Carollo:....for the Administrative Mayor was placed, he changed at least 26 UP 91982 6. 9 three different times the boundaries in one neighborhood where I live. Mr. Plummer: Well, Joe, the only thing that I have to say... Mr. Carollo: When he first started with one place, he changed that precinct to another location and then when he knew where I lived, he changed it again, then again. Mayor Ferre: That is why I nominated Tom McAliley rather than John. Mr. Plummer: Yes, but here again, even if what you were to say, and I don't: agree with - I mean it is possible, of course, we saw that in Tallahassee, but he is only one out of seven, Joe, and please I... Mayor Ferre: One out of nine. Mr. Plummer: One out of nine, okay. Now, all I am saying to you is, I think what you are really coming to is, are we advocating that authority from this Commission to a committee? Mr. Carollo: Hey, J. L., Russia only had 2% Communists when they took over. Mayor Ferre: Yes, but look, I think the point is this. I am not thinking... Mr. Plummer: I understand what he is saying. Mr. Carollo: Yes, the truth of the matter is that all the people that we are appointing, with exception of one that I know of, Mr. Lasserville, are people that don't have the time that he does, so therefore, the people that have the most time to dedicate to something like this are the ones that are most likely going to be more influential. This is the only point I would like to make out. Mayor Ferre: Joe, I think you have got a valid point, but on the other hand, we are doing something that hopefully will last for a long time and it is going to be done every ten years. I think what we are doing now is establish- ing a system that will function and I think that is why we have the members of the Commission appointing a member to that board. If we bring it back to the Commission level, then we are always going to end up with the accusation that politics is going to be played in this and I think it... Mr. Carollo: It is going to be played anyway you look at it! Mayor Ferre: I realize that, but I think it serves our purposes, I mean our purposes as a City better, if we remove at least once from the elected offi- cials because there might be an accusation of being self-serving. I don't think that anybody is going to accuse Tom McAliley of trying to protect the Mayor's interests and I don't think anybody is going to accuse Reverend Ramos of trying to protect Demetrio Perez, or you know, Carry Meek protecting Miller Dawkins. She is going to protect the Black community, just like Emilio Milian is going to protect the Latin community. and there always will be one exception. There will always be one guy who maybe is trying to manipulate the system, but I think we have got to have faith that the major- ity of those nine people will functton in a way tiat will be responsive to best interests of the community, because we have got to pass this in November, otherwise...you know, my interest is in getting it done. Mr. Carollo: Well, let's just bring it back a little later on. Mayor Ferre: All right now, so what do you want me to do on the nominations? Can we vote on the nomination? Mr. Carollo: The nominations have been made. I would just like to hold it off until the afternoon until everybody here can confirm that their nominee will accept if asked. Mayor Ferre: So I would ... we haven't voted, have we? Mr. Ongie: No, sir. ld 27 I( SEP 91982 9 Mayor Ferre: All right, well then, I withdraw my motion until this afternoon, okay? 14. DISCUSSION ITE 1: 6.7 14iLLIO11 DOLLAR U.M.T.A. GIWIT Mayor Ferre: Now, the last thing that I have is the question of U.M.T.A. Miller Dawkins yesterday met with the administrator of U.M.T.A., Arthur Teal. Let me express to the Commission my very serious concerns - Mr. Reid, are you here? Would you come to the microphone? May I thank all of the members of the Miami Aerospace Academy for the whole Commission for your coming down here" to watch your City government in action deliberating. Now, Mr. Reid, here is the question to you. You, sir, were the author of that 6.7 million dollar grant, and I, along with you, and Howard Gary, and Howard's predecessor, fourght hard in Washington, during the Carter Administration to get that 6.7 million chisled in stone. Fact is, that we did that and we were successful. Metropolitan Dade County had nothing to do with that. Nothing! How they got into the picture because because John Dyer said it was U.M.T.A. and that was Metro and they had to get involved in it, etcetera, etcetera, and they got involved in it. Then came the Republican Administration and Mr. Art Teal, almost single handedly, saved that. That thing was going right down the drain and it was Art Teal who intervened and talked to Secretary Drew Lewis and we got Bill Lehman and Danny and Claude and everybody involved and we saved it, which is a miracle, it literally was a minor miracle in this adminis- tration to save that particular grant. Now comes Art Teal and he comes and he looks at it and he says "What the heck is going on, it is a disaster. You haven't made any forward movement. Who is in charge?" Now, the problem is this. We made the application. This is our grant. This is our thing, and now the County is hustling in on it. Now, Mr. Reid, as much as it hurts me, I want to make a motion after we have some discussion here, that the City Commission challenge Metropolitan Dade County to either get on or get off, and if what they are worried about is their typical petty, foolish, divisionary, destructive attitude that Metro assumes and always seems that there is some kind of a rivalry going on between the City of Miami and Metro, let them have it. In other words, let us be magnanimous. Let us be intelli- gent and let us think of the community first. And I am putting it to you this way. I am going to make the motion. You go tell U.M.T.A. through Art Teal that we will back off, or they back off. You go tell, Mr. Manager, Merritt Stierheim, that I am tired of all this small pettiness, you know, for example, back in December, they issued a letter signed by Steve Clark, saying that they had gotten this grant and they were going to appoint a committee and all this stuff, when they didn't have the grant and that is Just pure, intramural, small, jealousy, and pettiness. Let us not fall into that same sin, which Metro is so guilty of. So, let us do this. We give them 30 days and either they let us run this program or they run it and then let them run with it. I don't care! I know it is our program. I know we did all the work, but let us not be small about this, because what we are doing is, we are jeopardizing the grant and my grandfather told me a long time ago that I would get a lot more things done in my life if I did things and let somebody else take credit for it, so let's do it, and let them take the credit and let them have the glory. The Miami Herald is going to give it to them anyway. You see the way they reported it yesterday. You know, there isn't one article in the Herald, in the last year and one-half, since we have b h f een c asing a ter this that tells the truth about this issue, that it was our letter, that it was our application, that is was our work, that we did it. You know, when you read the Miami Herald (typical Miami Herald), Metro- politan Dade County did this and they did that and they did everything. Let them have it! Mr. Dawkins: The reporting of the article was totally wrong. I was there. The issue was raised by Mr. Teal that for eighteen months we have been work- ing with this and hadn't moved off of dead center. And then, Mr. Teal asked, who was in charge of the grant, because he didn't know to whom to refer, and at that times, Mr. Wiggins spoke up (Mr. Higgins, or what ever is name is, Warren Higgins) and he said that they would run the program if the City of Miami would let them, and I told them "No way would we let him run it be- cause U.M.T.A. and the rapid transit had already acquired land from Black people that didn't return to Black people, and my primary concern was two SEP 91982 F1 ld 28 9 2 Id things in that area - Black entrepreneurship and the retention of Black owner- ship". At that time, Mr. Teal asked who was responsible, and I said that Mr. Gary had hired an individual who had placed in charge of Overtown, Park West, and Mr. Teal said if that was true, then have that individual go get in touch with him, and they would handle it from there. I would like to restate my position that regardless of what agency in this municipality, or this area handles this, I am interested in Black retention and ownership, and Black entrepreneurship. Now, he did say, Mr. Mayor, that the point that he did raise was around the four block area, he was interested in acquiring the land from the four block area down to the railroad, so that once you develop the four block area, you do not have the void between the new development and the expressway in there, so he talked in terms of providing more money to ' acquire all of the land, but the thing that was finalized yesterday was it is time for the acquisition and then he could have got land that is constantly going up, so I asked him if he would put up a meeting in Washington with you and Howard and the other guy. He said he would be glad to see you, so that is where we left it, and the paper didn't report it that way. Mayor Ferre: Miller, remember the story about King Solomon and the baby, okay? The woman who was the true mother and loved the baby, said, "Before you cut that baby in half, give it to the other woman, because at least the baby will live and she will care". And King Solomon said "That is the real mother". All right, now, this is our baby. This thing is now going to die, the way things are going. Now, if it requires us to give up the baby so that baby will live, then for God's sake, give it up and let Metro do it and let Wiggins or Higgins or whatever his name is have his way, and let Merritt Stierheim have his way and let Steve Clark put out the press release. We don't care! Mr. Dawkins: I do care! Mayor Ferre: Well look, if it is... Mr. Dawkins: You don't care! I do! Mayor Ferre: Well, I don't want to kill that baby. Mr. Dawkins: I don't want to throw the baby out with the bath water either! But, by the same token, if somewhere along the line, if we are going to develop Park West and Overtown, this is an integral part of our development. Mayor Ferre: I agree with you Miller, but I don't want to jeopardize a 6.7 million grant. Mr. Dawkins: Well, Mr. Teal said yesterday that it wasn't going to be jeopar- dized - that he was going to go ahead and acquire the land and they are going to hold it until we decide what the hell we are doing down here. Mayor Ferre: Mr. Teal is saying he doesn't know who to talk to because who is in charge here! Mr. Reid, would you tell us who is in charge? Mr. Gary: Well, before he does that, Mr. Mayor and Commissioner Dawkins, I would suggest that you give me an opportunity to sit down with County Manager Mer- ritt Stierheim to set up an arrangement similar to our affordable rental housing, because there are certain things that they have to do under the Housing and Urban Development. However, if you notice, under affordable hous- ing, even they do the acquisition and disposition, that we are basically in control. I would recommend that you give me that opportunity to sit down with the Manager and see if we can work out that same relationship whereby it accomplishes what Commissioner Dawkins says that we would have... Mayor Ferre: Okay, that is fine, Mr. Manager. I accept that. Again, I don't want to create any problems. You know, every time Metro wants to.... Mr. Gary: Take credit. Mayor Ferre: .... do something with us, like they want the Orange Bowl, okay? Or, they want to cooperate with us and we ... brotherly love, you know? But, when it something where they have a little control of, then all of a sudden that brotherly love isn't there, you know, and all I am saying is for God's sake, who loses in this is the community, so let's either settle the squabble, and get the authorities straightened, or let them have it! 29 SEP 91982 Mr. Gary: Mr. Mayor, we will report back to the Commission in terms of my discussion with Mr. Stierheim, and I smympathize with what you are saying, particularly in view of the fact that net only when they don't have it, they try to take it, as demonstrated by the jail situation. 15. FORMALIZING RESOLUTIO14: APPOI1M1ENTS TO DISTRICTING COMMITTEE. Mayor Ferre: All right, are we ready now to vote on this committee for... Who is your nomininee, Mr. Carollo? Mr. Carollo: Mr. Mayor, based on the fact that I haven't been able to reach him, I would just like to make a tentative appointment. However, if for any reason my appointee cannot accept and of course, I would like the Commission to give me the perrogative to just name someone without having to bring it up before the Commission again. I will be nominating.... (INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD) Mr. Carollo:.... Luis Fernandez-Caubi. Mayor Ferre: All right. Mr. Carollo: I am sure him and Mr. Lasseville can work very good. Mayor Ferre: So, your nominee is Luis Gernandez-Caubi. All right now, are we ready to vote on this committee now? All right, then I so move this committee as named by the Commission is ... Joe, I make the motion. Mr. Carollo: Okay, there is a motion, is there a second? Mr. Dawkins: Second. Mr. Carollo: Any further discussion? Hearing none - roll call. THEREUPON THE FOREGOING MOTION, duly introduced by Mayor Ferre and seconded by Commissioner Dawkins was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None ABSENT: None (LATER FORMALIZED INTO RESOLUTION NO. 82-852) Mayor Ferre: The Commission appointees are: Johnny Lasseville, Reverend Antonio Ramos, Senator Carry Meek, Luis Fernandez-Caubi and Tom McAliley. 16. CALL SPECIAL ELECTION: CO1TFER%ZCE/CO1MENTIO11 FUNDS EXPENDED FOR EVENTS INVOLVING YARXIST COUNTRY PARTICIPATION. Mr. Carollo: Mr. Mayor, there is one more pocket item, since it was not placed on the agenda. That has to do with the November 2nd ballot again. That is the item that has to do with the use of City funds to finance a multi -national conference attended by Communist countries. The only change Id 30 ,CEP 91982 that I would like to make, Mr. Mayor, is the wording that the City Attorney used is to include "Marxist", which is what was stated in the original motion, so if I may ... 11r. Attorney, are you following me on Page number three of the ... where you have the wording of what is going to appear on the ballot? Mr. Garcia -Pedrosa: Yes. Mr. Carollo: Where it says representatives of Communists bloc countries, substitute "Marxist" for "bloc", so we will have "Communists Marxist coun- tries" Mayor Ferre: Okay. Now, is that up for a vote? Mr. Carollo: We would have to bring that up for a vote, Mr. Mayor. I will make the motion. Mayor Ferre: All right, there is a motion. Do we understand? Repeat your motion now, Commissioner. Mr. Carollo: The motion is to include in the official ballot of November 2, 1982 Special Municipal Election for approval or disapproval of the following question: "Should funds of the City of Miami be expended to finance in whole or in part any multi -national commercial or cultural conference or convention, where representatives of Communist Marxist countries have either been scheduled to participate or invited to attend?" Mayor Ferre: All right, is there a second to that motion? Mr. Perez: I second. Mayor Ferre: Mr. Perez seconds. Mr. Perez: Let me ask you something. Is that a straw ballot or a referendum? Mayor Ferre: It is a straw ballot. Mr. Carollo: Straw ballot. Mayor Ferre: It is a straw ballot. All right, further discussion? It is a straw ballot, isn't it, Mr. City Attorney? Mr. Garcia -Pedrosa: Yes sir, it is. Mayor Ferre: All right, just like pornography. Okay. Futher discussion. Call the roll on that motion. The following resolution was introduced by Vice -Mayor Carollo, who moved its adoption: RESOLUTION NO. 82-776 A RESOLUTION CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 2ND DAY OF NOVEMBER, 1982, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF MIAMI FOR THEIR APPROVAL OR DISAPPROVAL THE EXPENDITURE OF CITY FUNDS TO FINANCE, IN WHOLE OR IN PART, ANY MULTI -NATIONAL COMMERCIAL OR CULTURAL CONFERENCE OR CONVENTION WHERE REPRESEN- TATIVES OF COMMUNIST-MARXIST COUNTRIES HAVE EITHER BEEN SCHE- DULED TO PARTICIPATE OR INVITED TO ATTEND. (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- 31 .SEF 91982 AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Poummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None ABSENT: None 17. GRANT CONTRIBUTION FOR EVENT TO BE HELD NOV. 13 AT BAYFROITT AUDITORIUM - REVEREND MARTIN ANORGA. Mayor Ferre: Do you have Reverend Anorga here? Commissioner Perez, you are recognized for the issue. Mr. Perez: Yes. Reverend Anorga brought to my attention the celebration on November 13th of a festival in favor of the orphans. You want to add some- thing? Reverend Anorga: Mr. Mayor and Commissioners, we respectfully request the use of the Bayfront Park Auditorium free of charge to a group that comes from Uruguay. This group is working to build and open in Uruguay. They have a non-profit organization and they have to be ... for naturalization and immigration to be in the United States, and they are supposed to leave the country at the end of the year and before this short time, they need to raise enough funds to build these orphanages in Uruguay and we request the use of the Bayfront Park Auditorium for a day - November 13th from 2:00 P.M. until 6:00 P.M. Mr. Perez: Do you know what it costs? Rev. Anorga; No, I don't have any idea about costs. Mr. Carollo: Mr. Manager, can we get a total cost of what it would cost the City to waive those fees? Mr. Gary: It is approximately $800 a day just for the rental and not includ- ing the staff. Mr. Carollo: So, how much would you estimate it would be from 2:00 o'clock until 6:00 P.M. in the evening - four hours? Mr. Gary: Let's say roughly*$1200. Mr. Carollo: $1200. Mr. Gary: Including staff, yes, sir. Mr. Carollo: I will make a motion that we waive the fee. Mr. Gary: Excuse me, Mr. Vice -Mayor. I would suggest to the Vice -Mayor that we... Mr. Carollo: That we make a contribution? Mr. Gary: Yes, sir. Mr. Carollo: I make a motion that we make a contribution... Mayor Ferre: Of how much? Mr. Perez: $1200. Mr. Carollo: Well, it is not really $1200. It is $800 if you lease the place for the whole day, so we are not losing out on that. 32 AEP 91982 ld Mayor Ferre: Okay. All right, is there a second to the motion? Mr. Perez: Yes. Mayor Ferre: Second by Commissioner Perez. Further discussion. Call the roll. The following motion was introduced by Vice -Mayor Carollo, who moved its adoption. MOTION NO. 82-777 A MOTION GRANTING A REQUEST FOR FUNDS IN AN AMOUNT NOT TO EXCEED $1,200 MADE BY REV. MARTIN ANORGA ON BEHALF OF A GROUP FROM URUGUAY FOR USE OF BAYFRONT PARK AUDITORIUM FOR AN EVENT TO BE HELD ON NOVEMBER 13, 1982, FROM 2:00 P.M. TO 6:00 P.M. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None ABSENT: None 13. RECOGNIZE PARTICIPATION OF HISPANICS IN THE ARMED FORCES OF THL t7NITED STATES FOLLOWING EXAMPLE OF PRESIDENT REAGAN. Mr. Perez: I want to let it be known that the President proclaimed the week from September 12th to 18th, that week as the National Hispanic Heritage Week, in the Navy and Marine Corps, and I would like that this Commission extend a similar proclamation through a resolution in order to recognize the efforts of the Spanish speaking people in the Navy - Armed Forces. Mayor Ferre: All right, Commissioner Perez moves that the City of Miami fol- lowing the example set by the President of the United States and make a simi- lar proclamation recognizing the participation of Hispanics in the Armed Forces of the United States. Mr. Carollo: Second. Mayor Ferre: Further discussion? Call the roll. The following motion was introduced by Commissioner Perez, who moved its adoption. MOTION NO. 82-778 A MOTION OF THE CITY OF MIAMI COMMISSION RECOGNIZING THE PARTICIPATION OF HISPANICS IN THE ARMED FORCES OF THE UNITED STATES FOLLOWING THE EXAMPLE OF RECOGNITION SET BY PRESIDENT RONALD REAGAN. Upon being seconded by Vice -Mayor Carollo, the motion was passed and adopted by the following vote: SEP 91982 33 - Id 0 AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J.L.Plummer,Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOTE FOR RECORD: Stuart Sorg to be first item on September 23rd agenda on a Zoning matter. NOT E FOR THE RECORD: New Assistant City Manager Herbert Bailey is introduced to the City Commission. Mr. Bailey will be responsible for implementation of Park West/Overtown plan. NOTE FOR RECORD: Ms. Adrian McBeth is introduced to the City Commission. Ms. McBeth will be responsible for implementation of Minority Vendor program. 19. DISCUSSION OF CLARIFICAT_IOI1 OF MIXIII :112-FALD E1.2IAI£I0:? OF BUILDI?'G (See later same meeting) - Label 21. Mayor Ferre: All right, take up Item Number 59. Mr. Davis, you are recognized. Mr. Darry Davis: For the record, I am Derry Davis, Steele, Hector and Davis, Southeast Bank Building, Miami, Florida. This is my fourth appearance be- fore the Commission during the past five months on this particular matter. The Miami Herald has requested permission to add six -story addition to its present existing five -story building. The Commission, you will recall, granted this request subject to a number of conditions - twelve conditions. The Miami Herald has asked that you modify or that you... Mr. Dawkins: Mr. Davis, can we cut through this? Mr. Davis, I went to see the buidling. I think... in fact, I know you need the space. The Herald needs the space. I move that we grant this request of the Miami Herald. Mayor Ferre: With the conditions as outlined. Mr. Dawkins: Yes, by all means. Mr. Plummer: Well, but, I am sorry - I want to see what the modifications Mayor Ferre: We went through those modifications last time, J. L. You were here and then we were ready to vote on it. The only reason we didn't vote on it was because Commissioner Carollo wanted to go down and... Mr. Carollo: Not that I wanted to go down - I wanted to give them the op- portunity to invite me. They called shortly after that meeting and I told them to get back with me (my aide did, rather) the first week of September, and I guess that they felt that their series of articles that have appeared have done their job and they felt there was no used for me to go over there, so that is fine, but the only thing that I want to make sure of is that what- ever commitments they have made here to the Commission that they are going to vote in favor of it, that they are kept, and no additional monkey business is done. Mayor Ferre: What is the Administration's position on this, Mr. Gary? Is the Administration recommending this item? Mr. Gary: Mr. Mayor, Item number "59" addresses the issue of the walkway, which they are talking about $100,000 and the conditions as to how that $100,000 should be utilized. The Administration supports that. Mayor Ferre: One of the questions that are before... 34 .SEP I r P Mr. Plummer: Whoal Whoal Mr. Gary, I asked you, sir, to read the agenda. Mr. McManus, -you don't look like Mr. Garyl Mr. Carollo: Mr. Mayor, we have three minutes before noon and we are breaking. Either Mr. Gary is going to come here and give us the guarantees that we asked for, or i suggest we wait until this afternoon and take care of it - one or the otherl Mayor Ferre: We have a request by... Mr. Carollo: I don't think we should treat the Miami Herald any different than we would treat anybody else. Mayor Ferre: We have a request by a member of the Commission that Mr. Gary be present for these discussions. I think that is a valid request. This item will be taken up, therefore, at 2:00 o'clock at the 2:00 o'clock agenda. Is it all right if we start off with this? All right, does anybody have any ob- jections on our starting off with this item at 2:00 o'clock. If not, this Commission stands adjourned until 2:00 o'clock. THEREUPON, THE CITY COMMISSION WENT INTO A BRIEF RECESS AT 12:00 P.M., reconvening at 2:00 P.M., with all members of the Commission found to be present except for: Vice -Mayor Carollo and Commissioner Perez. 20. PRESEI;TATIO11S AND CONDOLENCES. _ Commendation: Presented to Ms. Clara Dugrot for her efforts and dedication to the 1982 Summer Youth Program of the City of Miami Comprehensive Crime Prevention Program. ld Resolution: Expressing condolences to the family and friends of Joseph Harris. 35 SEP 91982 21. CLARIFICATION OF RE. 82-460 GOVERNING CONSTRUCTION OF MIAMI HERALD 6TH FLOOR ADDITION TO EXISTING BUILDING AT I HERALD Mayor Ferre: We are now back on the issue that we left, which is the Miami Herald. Are we ready to vote on this? Members of the Commission. Do we have a quorum here? Plummer, you are not leaving, are you? Well, there is such a thing as priority. Your old high school teacher and the audience, that comes first. Don't blame him a bit. Is Joe coming? All right, Mr. Davis, we do have a quorum. I'm going to take up the issue as we promised at 2:00 o'clock. There are two members of the Com- mission that are absent. I don't think, Mr. Davis, that it will frankly change the outcome of the vote. It is a guess on my part, but I guess pretty well. Miller Dawkins has not whispered anything into my ear. Neither has J.L. Plummer. And that is for the benefit of the Miami Herald. I guess pretty well. I think that it will not alter the outcome, Mr. Davis. However, out of courtesy to my colleagues I will give them the right to either express themselves or do whatever they wish to cast a vote or whatever. So I would advise for one of your representatives to stay here to make sure that some- thing... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC STATEMENT. Mayor Ferre: Yes, I think so. We said we would take it up at 2:00. It 2:10; let us take it up. Mr. Plummer: Mr. Mayor, if I may. The reason I deferred this item was simply because I had the Administration from one side telling me that this was just to clarify one issue. I'm reading the agenda, and it is in fact the entire issue. I just really don't think ... well, I could say I don't want to and I'm sure Mr. Davis does not want to go through this again. I'd rather get it, take the time, make sure that everything is complete and get it over with. Mr. McManus, I would like for you to, for the record and for me, to go item by item, because when we started out we knew we had twelve, and I think we are down now to nine or seven or whatever number. But I would like to get that clarified, what in fact the motion before this Commission is going to be. And keeping in the back, since I'm doing the talking right now, my greatest concern I want addressed in one of the items and that was the item of parking. I want to make sure that we understand each other. I have always been...and that problem area there is parking is very critical. I want to make sure that in the future one of those lots is always reserved for parking; that they don't come here and pull out a permit to build another building and eliminate a parking lot making the situation even more critical, as I expressed before. Mayor. Ferre: Mr.. McManum. Mr. Joe McManus: Mr. Mayor, Members of the Commission, this Commission passed two resolutions back in May 27, 1982. For the record, I would like to recite very quickly the provisions of those resolutions. The provisions are identical in both resolutions pertaining to the Herald! " The Herald is to provide continuing existance cf a minimum of 917 parking spaces, paying 50Z of the cost for constructing a public connecting walkway between the Miami Herald building baywalk Bicentennial Park, said connector to be designed within six months of May 27, 1982 and constructed within one year of May 27, 1982. Lighting, maintenance, and security, including television monitors for the public connector (should T.V. be utilized on the Herald's building baywalk section) for the public connector; providing for 756of graduated frontage for the entrance feature leading to the baywalk on the no corner of the project as well as an entrance on the southeast corner of the project as proffered by the applicant; a minimum expenditure of $300,000 for landscaping and beautification; a public easement average 36 S E P 9IFI 1 �. Mr. McManus (CON'T): ....giving at least 20 feet in width along and abutting the Bayfront for the entire length of the property; a second public access easement and sidewalk leading to the Bayfront easement with an average width of ten feet, minimum of five feet alont the southern property line, or a pedestrian opening existing fence for public access to Bayfront walkway, upgrading of the set- back area, the landscaping and walls along the north property line as proffered by the applicant; all public easements to be perpetually maintained by the applicant; the City shall be held harmless; public access may be restricted during the time the barge is docked for unloading operations; all development plans for the aforementioned activity be reviewed and approved by the Planning Department prior to commencement of any construction; review by the City Commission in one year." Now, on the end of July, Mr. Davis appeared before you and requested consideration of modifications of two provisions. That item was deferred at that point. It is again before you on this item. It only pertains to two of the items. Mayor Ferre: To what? Mr. McManus: To two of the previous items. In other words, the Herald�is asking for modifications of two of all those preceding items. In lieu of the Herald being subject to a minimum expenditure of $300,000 for landscaping and beautification, the Herald prefers the landguage that the landscaping and beautification in the subject property of 1 Herald Plaza shall be accomplished in accordance to the detailed plans submitted by the Miami Herald and made a part hereof by reference. We have reviewed those plans. In our review we think that meets the intent of what the Commission was saying. Mayor Ferre: Now, wait, wait, wait! This is brand new. Mr. Plummer: See, that is why I asked. Mayor Ferre: This is brand new. I want a specific figure in there that it will be no less than $300,000. That was the condition that we passed this thing on. Mr. Plummer: How much? Mayor Ferre: $300,000. Mr. Plummer: Oh. Mayor Ferre: Now there was a problem of duplication where Mr. Davis said that was in addition to what the plans said. I said, of course not. In other words, that this plan that is before us and that is an exhibit that will be kept by the City, there will be an expenditure in beautification of no less than $300,000. I think that is a reasonable figure. That's the figure:.. I did not get that out of the air. Mr. Davis, you mentioned that figure! In your original presentation you said that between the fountain, the landscaping, and all these beautification, and the bricks, and whatever that you would be spending at least $300,000. All I am doing is taking your figure and memorializing it in this item. Now, is that acceptable, Mr. Davis? Commissioner Carollo entered the meeting at 2:22 P.M. Mr. Darrey Davis: No, sir, the difficulty arises with the fact that in the presentation I pointed out that it would cost the Herald a minimum of $300,000 to provide the baywalk, the parks, and their intended landscaping. The resolution ended up, I think, with a clear meaning and intent that in addition to that, the Herald must spend $300,000 in landscaping. If that is true you would have so much landscaping nobody could walk on it. 3'7 91982 sl SEP Mayor Ferre: Mr. Davis, that was not the intention, nor is it the intention, certainly not of myself and I am sure not of the Commission. Mr. Davis: It just seems to me, Mr. Mayor, we have got Mr. Jonathan Seymor to come up with a detailed landscaping plan.... Mayor Ferre: Then, Mr. Davis, if that is the case, and if it is your opinion and that of your clients, that the Miami Herald will spend at least $300,000 in beautification, I'm not talking about asphalt, I don't consider that to be beautification, in beautification ... and I want to memorialize that in this resolution. Mr. Davis: Well, there is no problem with $300,000 for the project now. We are going to have a waterfall on it. Mayor Ferre: Fine! Mr. Davis: But to say landscaping alone. Mayor Ferre: Hey, look, you put in the language that is acceptable to yourself and your client. I want the figure in there that you will be spending $300,000 to improve.... Mr. Plummer: I think what you are looking for, Mr. Mayor, is $300,000 worth of amenities to the project. Mr. Davis: That's right. If it is our understanding in meeting of the minds that we would spend an absolute minimum of $300,000 to accomplish the baywalk, the landscaping, and everything that goes with it. Mayor Ferre: I accept that. Mr. Davis: That is fine. Mayor Ferre: Provided that we do not count the asphalt or the parking strips, and all that on across the street and everywhere else as part of what you are doing. In other words, let us not play games here. Mr. Davis: No, sir, we don't intend to play any games. Mayor Ferre: In other words, I want you to do what you said you were going to do. That is that you are going to spend $300,000 to improve and beautify that area. Fine, that is acceptable! Mr. Davis: Well, that is what we said that we would do at the outstart. Mayor Ferre: Fine. Mr. Davis: We do not want another $300,000. But I would like to point out.... Mayor Ferre: I don't want you to spend another $300,000. Never intended for that to be. I have said it at least five or six times. I will say it five times more! Mr. Davis: All right, we understand each other on that. But let me point out this: we have plans for the whole project, which have to be submitted in detail. We don't get a building permit until final approval by you and the Planning Department. They are there. We have in addition the landscaping plan. We would like that both of those have to be approved and we would add to that that we will spend a minimum of no less than $300,000. But I think that it would be to the City's benefit, and it certainly would be clarification to have specific plans approved by the City, so we know exactly of our obligation. Mayor Ferre: Fine! You proffer that in addition to putting into to it that you will spend no less than $300,000 in beautification. 38 SEP a2 sl Mr. Davis: May i suggest that we simply add to the end of the language we submitted that it cost a minimum of $300,0007 Mayor Ferre: That is fine. Mr. Plummer: That also carries with it that it will come back to this Commission for final approval before a permit. O.K., the second provision.... Mayor Ferre: Is that standard procedure? Mr. Davis: Well, we don't have now. You have Commission review after a year to see if we have accomplished it. We do not now have a requirement we come back to you. Mr. Plummer: This is a conditional use? Mayor Ferre: Look, as much as I have problems with the Herald editorial department, I do not want...I do not think that we should go out of our way to punish you or do anything with you that we don't do with anybody else. So, for goodness sakes, let us be fair about this. Mr. Davis: Well, let me...I would like to be as clear.... Mayor Ferre: Wait, wait, wait! Darrey, excuse me. Mr. Davis: Yes, sir. Mayor Ferre: David, do other people have to come back to us on things like this? Why should the Herald have to come back? Mr. Plummer: Well, that is why I just asked, was it a conditional use. Mr. Davis: No. Mr. Plummer: And the answer is no, but they are going to come back after a year.... Mayor Ferre: That is fine. Mr. Plummer: ....for a review, which means nothing. The building will be built, completed. If we say no, you did not comply, what is the consequence? Mr. Gary: Well, they have to comply with the conditions which you have. If they have not complied, you take them to court and make them comply. Mr. Plummer: Well, I will tell you how to do it. I do not want to do it. The only way I know you can do it is withhold the CO. Mr. Gary: Right, but that is conditional. Mr. Plummer: Because it will take them six to eight months to build the unit up there. Mayor Ferre: As long as you treat them like we treat anybody else. Mr. Plummer: That is what I am saying. We put a stipulation that the CO is subject to prior approval by this Commission. Mayor Ferre: In other words, Plummer, we have to roll over in zonning in this item for the Miami Herald, like the Herald says we roll over in zoning for everybody else. So, let us be consistent now. Mr. Plummer: O.K., what is the second item, Mr. McManus? Mr. Carollo: What was that comment again, Mr. Mayor? Mayor Ferre: It says that we roll over. You have the editorial there. What does the editorial say? That we roll over? 39 SEP 919001 04 a a Mr. Carollo: I think it is a little bit more precise than that. Mr. Plummer: Be careful, Joe, we have nothing but Church people here. Mayor Ferre: What is the second thing? Mr. Carollo: After all, we are dealing with someone who is in favor of the nudists and the pornography. Mayor Ferre: All right, go on, Mr. Davis. Mr. Davis: Before we pass on to the second, let me suggest, let me read what we would like for you to approve as a clarified condition. Mayor Ferre: I cannot hear, Mr. Davis, I am sorry. Mr. Davis: Let me read what we would like for you to adopt as a modification and clarification of the existing landscaping one. It would read as follows: "The landscaping and beautification of the subject property at 1 Herald Plaza shall be accomplished in accordance with the detailed plan submitted by the Miami Herald and made a part hereof by reference at a minimum cost of $300,000." Is that acceptable? Mayor Ferre: That is acceptable. Mr. Davis: And that would result in the modification of the existing conditions as I read it. Then me come to the second one. Mayor Ferre: Tell us the second issue. Mr. Carollo: How does this differ... excuse me, Mr. McManus ... how does this differ from the original stipulations that they were willing to place? Mr. McManus: Commissioner Carollo, I read into the record all the previous stipulations. The Herald has agreed to that. They are homing in now on two that they are desirous of seeking them out of the cage now. The first of these is the question of the expenditure of $300,000. Through the discussion here the Commission has said they want that figure of $300,000 in there. I think the Herald has now agreed to that. That figure remains in your resolution. Mayor Ferre: Next. Mr. McManus: Now the second item. The original reading on this was that the Herald was subject to paying 50% of the cost for constructing a public connecting walkway between the Miami Herald building and Bicentennial Park to be designed within six months, constructed within one year, lighting, maintenance, and security, including television monitors for the public connector should the T.V. be utilized on the Miami building baywalk section for the public connector. The Herald has now proffered: "When a building permit is issued for construction of a sixth floor addition to the Herald building, the Miami Herald shall pay to the City the sum of $100,000 to be applied towards the cost of constructing a public connecting walkway between the Miami Herald baywalk and Bicentennial Park. If construction of the connector is not commenced within the City within three years of the date hereof, such cast contribution shall be utilized by the City for creating park and recreational facilities in areas of the greatest need." Now that was their original proffer. I discussed this and consulted with the Department of Public Works. We reviewed this. Our recommendation to the Manager was that we continue to include the provision of television monitors for the public connecting walkway (should T.V. be utilized in the Miami Herald baywalk section). Further that the.... Mayor Ferre: Repeat that again, Mr. McManus. PEI ;l SEP 91982 Mr. McManus: That the provision should include T.V. monitors for the public connecting walkway (should T.V. be utilized on the Miami Herald baywalk section). Mayor Ferre: If they, if. Mr. McManus: Yes. Mayor Ferre: O.K. Mr. McManus: Right. Secondly, we recommended that the language in the event that the facility were not built and the money then reverted, that the language be broadened to include pedestrian access in addition to park and recreational facilities in the general area, rather than areas of greatest need. Mayor Ferre: Is that acceptable, Mr. Davis? Mr. McManus: Mr. Davis may respond. Mr. Davis: No, sir. Let us go back just a minute. The condition that was imposed by the Commission was that the Herald should pay 50% of whatever the cost was for the connector. In addition the Herald would be responsible for the security, the maintenance, and the operation including a television camera surveillance if they used it on their own. What we suggested, as a modification to that is that the Herald would deposit or give to the City, contribute to the City, $100,000 to be applied to the cost of the connector. That would be the limit of the Herald's financial obligation. The reason for that is that, and it now appears by the figures that have been reviewed and found reasonable as of now by the City people, it would today cost approximately $200,000 to build that connector, under acceptable work. The herara wisned*to'aVoid writing a blank check as to 50Z of a.... Mayor Ferre: No problems with that, Mr. Davis. I understand. I do have a problem with a question of the T.V. monitoring. Now, follow me. All the City was saying is if the Miami Herald decides in its wisdom to monitor through television monitoring the walkway in front of the Herald building, if, that you also at the same time monitor the connector from the park, which is a couple of hundred feet, which means that you would put one additional television monitor, if you do that. If you don't do it, then you don't do it. If you decide that it does not make any economic sense for the Herald to have T.V. monitors along that walkway, then you have no obligation to do it to the connector. But if you do, and all we are asking you to do is to add one more camera and put it on your screen, then I don't think that is a major request! Mr. Davis: Mr. Mayor, we don't disagree with that. There is no problem with the television camera. The problem is a complete and absolute liability in responsibility of the Herald. Mayor Ferre: No, sir. Mr. Davis: Originally, for the security, the maintenance, and the operation.... Mayor Ferre: No, sir, no, air. I have no qualms, no problem, I do not expect the Herald to maintain, I do not expect the Herald to have any liability for anything that happens on that connector. I do not expect for the Herald to manually have a guard stationed at that connector. The only thing that I am limiting my request to is that if, in the event that you put a television monitoring system along that walkway, that you include also the connector. That's all. Now can we find language to limit it to just that? Mr. Davis: No problem on that. What we do object to is, as I indicated, the complete and absolute responsibility for all security, all maintenance.... Mayor Ferre: I am not asking you to do that, Mr. Davis, on the record, right here. 41 SEP 91982 sl AOL Mr. Davis: That is what we wanted to clarify. Mayor Ferre: It is on the record, we are not asking you to assume any liability. Mr. Davis: All right, one minor thing in conjuction with that, we provided that if for any reason, after three years the City decided.that they did not want the connector, that we said keep our $100,000 for that purpose plus any accrued interest provided that we want you to use it for park and recreation in the most needed areas. Mayor Ferre: Thank you for your generosity. Mr. Davis: We thought you might decide on Little Havana or the Black community that it would be helpful. Mayor Ferre: Thank you sir, for your concern over the Little Havana and the Black communities. I am very grateful. Mr. Davis: I want to point out to you, though, that the proposed change would limit that to a pedestrian access or park or recreational facilities in the general area.... Mayor Ferre: Yes, air. Mr. Davis: ....limiting it to the Bicentennial Park. I simply wanted to point that out. But back to the bottom line.... Mayor Ferre: I understand. Mr. Davis: ....if the modificaton and clarification is as we suggested, that when a building permit is issued the Miami Herald would at that moment contribute to the City $100,000 which is to be utilized towards the construction of the connector. After its construction by the City, we will maintain a television monitor, if we maintain a television monitor in our walkway. Mayor Ferre: Thank you, sir. Are we ready to vote now? Commissioner Perez entered meeting at 2:30 P.M. ------------------------------------------ Mr. Plummer: No. Mayor Ferre: Mr. Plummer. Mr. Plummer: I do not find that the issue of parking is addressed. Mr. Davis: It is, yes, air. That is the one we agreed to, the number one condition is that we shall continue to maintain a minimum of 917 parking spaces. I want to point out for the concern that was voiced in some effect by Commissioner Carollo that before we get a building permit, all of these conditions have to be embodied in a covenant running with the land, binding upon the Herald and its land before we get a building permit. That is the best protection I know. Now, also that will be one of the conditions under which we get a building permit that we cannot have less than 917 parking spaces. If we do, we have to come back to you. Mr. Plummer: Fine. Mayor Ferre: Let's get on with this. Mr. Plummaer: I'll move it. Mr. Robert Clark: Mayor, Mayor. Mayor Ferre: Yes, sir. 42 61 SEP 91982 Mr. Clark: I just want to have on the record the resolution before you, item 59, in the eighth line, and I will ask Mr. Davis to agree with me, those first two words, which are security and the word including based on the concessions and the agreements that have been just reached, those two words would come out so that it will read that "when a building permit is issued for construction of a sixth floor addition to the Herald building, the Miami Herald shall pay to the City the sum of $100,000 to be applied toward the cost of a public connecting walkway between the Miami Herald baywalk and Bicentennial Park; television monitors for the public connecting walkway(should T.V. be utilized on the Herald building baywalk section) shall be the responsibility of the Herald." And then the remainder of the section. Mayor Ferre: Thank you, sir. Mr. Clark: Is that right? Mayor Ferre: Does anybody have any problem with that? Are there any other questions? There is a motion on the floor by.... Mr. Dawkins: Second. Mayor Ferre: ....J.L. Plummer; seconded by Miller Dawkins. Is there further discussion? This is a motion with all of the stipulations and changes that have been discussed here in the past half hour. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-779 A RESOLUTION GRANTING REQUEST OF MIAMI HERALD PUBLISHING COMPANY FOR MODIFICATION AND CLARIFICATION OF CERTAIN CONDITIONS PRESCRIBED IN RESOLUTION NO. 82-460 AND RESOLUTION NO. 82-461 GOVERNING CONSTRUCTION OF A SIXTH FLOOR ADDITION TO EXISTING BUILDING AT ONE HERALD PLAZA. (Here follows body of resolution, omitted herein 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 J. L. Plummer, Jr. Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Mayor Maurice A. Ferre NOES: 'Vice Mayor Joe Carollo ABSENT: None. Mayor Ferro: Thank you, Mr. Davis, for your patience. 22. OPEN SEALED BIDS: CENTRAL SANITARY SEWER IMPROVEME1T SR-5481-C Mayor Ferro: All right, we have a 2:30 bid. Under our laws we have to open bids at the prescribed time. Mr. Clerk, for the record, what time is it? Mr. Ralph Ongie: 2:30, sir. 43 SEP 91982 sl Mayor Ferre: There is an item 2, which is receive and open bids for the Central Sanitary Sewer Improvement (SR-5481-C centerline sewer). Is there a motion that we open the bids? Mr. Plummer: So move. Mayor Ferre: Is there a second? Mr. Dawkins: Second. Mayor Ferre: Moved by Plummer, seconded by Dawkins. Further discussion? Call the roll. This being the date and time advertised for receiving sealed bids ; for Central Sanitary Sewer Improvement (SR-5481-C centerline sewer), the Mayor announced that the City Commission was now ready to receive sealed bids. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 82-780 A MOTION AUTHORIZING AND DIRECTING THE CITY CLERK TO OPEN AND READ INTO THE PUBLIC RECORD BIDS RECEIVED IN CONNECTION WITH THE "CENTRAL SANITARY SEWER IMPROVEMENT" PROJECT SR-5481-C. Upon being seconded by Commissioner Dawkins, the motiom was passed and adopted by the following vote: Commissioner J. L. Plummer, Jr. Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. BIDS WERE RECEIVED FROM THE FOLLOWING FIRMS: 1- Lanzo Construction Co., R.R. #2 Box 904, Pompano Beach, FL 33067 2- Champagne, Webber, Anderson Inc., 1350 N. Powerline Rd., Pompano Beach, FL 33060 3- Goodwin, Inc., 7275 N.W. 61 Street, Miami, FL 33166 4- R.J.L. Trading Co., 7900 N.W. 67 Street, Miami, FL 33166 5- Iacobelli Contracting, Inc., 15271 N.W. 60th Avenue, Suite 203, Miami Lakes, FL 6- Delta Engineering Contracting Corp., and 33014 Delta Plumbing Corp. Joint Venture 7044 S.W. 8th Street, Miami, FL 33144 7- Ocean Bay Inc., 44 Ocean Bay Club Dr., Ft. Lauderdale, FL 33308 8- Interamerican Engineering Construction Corp., 1451 S. Miami Ave., Miami, FL 33130 Mayor Ferre: Is Don around, or Vince? Mr. Gary: We are trying to get the estimate. Mayor Ferre: What was the estimate of what that job was going to cost? Does anybody have an estimate? Mr. Gary: We are trying to find it now. Mayor Ferre: We had eight bids. Mr. Plummer: And a spread difference of $524,860 spread. 44 SEP 91982 sl Mayon Ferre: Yes, but I will tell you the interesting thing is what looks like the low bid was substantially lower than the second bill.lt is at least $100,000 lower. But there are four bids that ate all in the 629 to 750 category. That is not bad. Do we have the estimate? Mr. Clerk, is there anything else we need to do at this time? Mr. Ongie: No, sir. 23. DISCUSSION OF SPECIAL, ASSESSA1NT DISTRICT- DOWNTOWN PEOPLE MOVZR (See label 24 same meeting) Mayor Ferre: Now, ladies and gentlemen, the majority of you are here on this ... what item is it? 'It. Reid, which is the tax? Mr. Perez: Number 3. Mayor Ferre: Item number 3, which is a public hearing. Those of you that are here on item 3, which is the public hearing on establishing a 15 year non -ad valorem special assessment project area for the Downtown Component of the Metrorail, which is the people mover, please raise your hands. I would say that it is fairly safe to conclude that the vast majority of you that are here are on that item. So we will take that out of turn, and we will take that item up next. Mr. Plummer: Mr. Mayor. Mayor Ferre: Yes, sir. Mr. Plummer: Can I try and simplify it for you? At least try? Mayor Ferre: Yes, sir. Mr. Plummer: Mr. Mayor, I would like to move at this time a motion which says that the churches in the downtown area will not be assessed for the downtown people mover. Mayor Ferre: Could we, Mr. Plummer, I will accept your motion in a moment. But the Chair, I think out of courtesy and out of proper procedure, I would like for a statement to be made into the record as to why it is being proposed and what the alternate solutions are so that we do not find ourselves in a legal entanglement, which may occur. I will recognize you after that is done for the purposes of making that motion, once that statement has been made into the record by the Administration. Mr. Plummer: Mr. Mayor, I will be glad to comply with your wishes and in no way will my motion change. But I will be glad to comply for the record. Mayor Ferre: Fine. Mr. Reid, the Chair recognizes you. Mr. Jim Reid: Mr. Mayor, in response to your request.... Mayor Ferre: Hold on, Jim. I see several ladies that are standing back there. There is one seat here. There are five seats over this way. Those of you, ladies, who wish to sit down, there are seats here. Mr. Plummer: Mr. Mayor, I applaud you for your great male attitude, but I was trying to eliminate the need for the seats because I am sure this place is going to empty out the minute the motion passes, if it passes. APPLAUSE. Mayor Ferre: The problem is that there is a very serious legal entanglement that I think we have to make sure we understand before we vote on it. 45 SEP 91982 a 44 Mr. Plummer: All right. Mayor Ferre: Go ahead, Jim. Mr. Reid: To respond to your question, Mr. Mayor, number one, what is before you is a special assessment. It is very much like the case in the City of Miami when we leveled the special assessment in front of a church to build a new street, and the church pays the assessment on a front foot basis, like any other property owner that fronts on that street. So it is a special assessment that is before you today. In the special assessment ordinance it states, and I quote: "the benefit in the case of each real property benefited will be in excess of the amount of the special assessment levied on that property." So even though there is an assessment to the property affected in this case, the churches; the churches will receive benefits. They will receive benefits in terms of increased property values and increased accessibility. Mayor Ferre: He has his right. Let him say it. You have your rights. He has his. Mr. Reid: The second thing that I would like to point out to the Commission is that in terms of the amount of tax, the amount of assessment, rather, that the churches would have to pay, there is a clause in the ordinance which allows the County Assessors to have a very conservative, if you will, treatment in terms of the areas to be covered. I would like to quote that clause in the record. It begins in section 14 of the ordinance on the bottom of page 10. "Less an adjustment for common areas, such as elevator shaft stairwells and other areas not specifically rentable." So from the point of view of the churches, it can be made that this assessment should apply to only those areas they receive rental income from. Mayor Ferre: Thank you, Mr. Reid. Does that conclude your statement? Mr. Reid: Just one other thing, Mr. Mayor. This ordinance was enacted by the County Commission. Mayor Ferre: Yes, sir. Mr. Reid: The City Commission did not vote on the text of this ordinance. The City Commission only votes on its application. In the process of setting up the assessment,there is a public hearing by the County on the assessment role, so if in this process of working with the County appraisers the churches did not satisfy themselves that they were being unfairly assessed, they would have the opportunity in a public hearing on the roll to deal with this issue. Mayor Ferre: Thank you. Now I am going to ask one of the best attorneys in this community who has served with a great deal of honor and diligence as Metropolitan Dade County's Attorney to step forward and I am going to volunteer his services in helping us. I know he has had something to do with drafting some language which might accomplish this. So, Mr. Simon, if you would, sir, would you tell us what you would recommend that would be legally satisfying and not completely But this whole thing when we get into law suits on it. Mr. Stuart Simon: I think, Mr. Mayor, that it is important for the City Commission to recognize and realize that the district to be created is to be created by the County. The County's code of ordinances provides _ that the County may not create a district that lies wholely within the municipal boundaries of any municipality in Dade County without the approval of the governing body. So what the County Commission has asked you to do is to approve the ordinance, which it has enacted, created a special assessment project area through which special assessments will be imposed on properties within the project area. 46 SEP 91982 sl Mayor Ferre: Stuart, that is very nice. I accept that. But I think I know how to count, just like you do. Without talking to my colleagues on the City of Miami Commission for the Miami Herald's benefit, I sense the way this thing is going to go. I sense that there are at least three votes that are going to go with the churches. I guess that it might be five. In fact, I am getting vibrations right now that there are at least four. Now I want you to notice that nobody whispered anything into my ear, but I just had those vibrations, you see. This is government in the sunshine but there is no way we can be stopped from hearing vibrations. Now, what I am telling you is, to expedite matters, that Commissioner Plummer is about to make a motion. I want you to help him make a motion so that we do not get into legal, constitutional, and other problems. The law suits that you know are going to be forthcoming, so that we do not lose the whole thing; so what I want you to do is I know that we cannot amend the ordinance that was passed by Metro Commission, but we can tell them that we could be happier and that we would pass what they are going to pass, if they would amend it as you are going to tell us how to amend it right now. Mr. Simon: I am going to suggest this language, Mr. Mayor. Mayor Ferre: O.K., that is where we are at. Mr. Simon: This is on the assumption that the City Commission wants to approve it, but wants the County Commission to modify the ordinance first. Mayor Ferre: Yes, sir. Mr. Simon: I have been given a copy of the resolution that is before you. With regard to section 1, I would suggest that the last clause, which now reads, "the City Commission hereby approves the creation of said project area pursuant to section 18-2 of the Dade County Code," have added to it this language, "with such approval to become effective only upon the County Commission's amending the ordinance creating the special assessment project area to provide that houses of worship within the project area be exempt from the levy of special assessments imposed by the said ordinance." I think that if you add that to section 1, and retain sections 2 and 3 as they are, you will give effect to Commissioner Plummer's motion. Mayor Ferre: All right. Now, Mr. Plummer, I am not going to recognize for the purposes of making a motion. This is a motion of intent, which our City Attorney... because you are very capable, but you are not our City Attorney... our City Attorney has to approve as to legal content, and we will pass then a resolution. There are however, other issues before us. There are private property owners that are not church related, that wish to address this Commission on an issue other than the churches. But so that these fine ladies and gentlemen and their respective ministers and lawyers and friends that are many, will be able to go back to their respective duties and functions, I think we can probably pass this on a motion basis, Mr. City Attorney. Then you will come back hopefully with an approved, legal format in a resolution form. Is that acceptable? Mr. Jose Garcia -Pedrosa: Yes, sir, it is. I might add that section 2 of the resolution that is before you already specified that the assessment is to be made on commercial, residential, and parking facilities' space, and does not mention houses of worship. Along those same lines.... Mayor Ferre: What are you saying? That it is already clarified? Mr. Garcia -Pedrosa: Well, in secion 2 it is already defined in a way that does not include churches. Mayor Ferre: So what are we arguing about? Mr. Garcia -Pedrosa: Well, let me add this point if I might, Mr. Mayor. In the memorandum from Warren -Higgins to the County Manager Stierheim, there is a reference to the fact that there is currently so many square feet of leaseable, commercial, residential, and parking facilities' space located in the DCM service area, which may mean, and I don't think we have to tools to determine that, but that that was really what the County was doing anyway. �1 4'7 SEP 9198 4 Mayor Ferre: This is all news to me. Mr. Garcia -Pedrosa: Might I add one.... Mayor Ferre: Mr. Fitzgerald and Dr. Willard, do you have anybody who is a lawyer here who represents your group? Let us get a couple of these church lawyers to come over here. Let us have a little pow wow now between Stuart Simon and the church attorneys and our City Attorney to see if... because we have totally contradictory ... over there in the corner. You fellows go over there in the corner and work it out. Now let us see if you all can come to an agreement, and if you can, we can all go home. Mr. Plummer: Can you imagine the cash register running on this group? Mayor Ferre: While we are waiting for the lawyers to do their lawyering let us see if we can get through one or two areas that are non -controversial in nature, and we can expedite matters later on this afternoon. AT THIS POINT THIS DISCUSSION IS MOMENTARILY DEFERRED. 24. CONSENT AGENDA Mayor Ferre: Mr. Manager. Mr. Gary: Yes, sir. Mayor Ferre: What are the items that are not controversial in nature that we could do in the next ten minutes. Mr. Gary: The Consent Agenda. Mayor Ferre: Sir? Mr. Gary: The Consent Agenda. Mayor Ferre: I cannot hear you. Mr. Gary: The Consent Agenda. Mayor Ferre: Really? No, no, let's work now because we want to get out of here early. Mr. Gary: The Consent Agenda, air. Mayor Ferre: Sow about 37, starting with the occupational licenses. Mr. Gary: That is non -controversial. Mayor Ferre: What? Mr. Gary: That is non -controversial. Mr. Plummer: I am scared that it is going to be. There is a big hue and cry by the people in Vizcaya.... Mr. Carollo: The Consent Agenda is fine, Mr. Mayor. Mr. Plummer: ....about occupational licenses. Mayor Ferre: A11 right, in the meantime while we are looking through all this stuff, let's take up the Consent Agenda, which are items 75 through 99. First of all are there any items that any member of this Commission wishes to remove from the Consent Agenda? M, 48 SEP 91982 al Mr. Clark: Mayor, we have a request that item 81, which is the Office Supplies, City wide, that that item not be included in your Consent Agenda. Mayor Ferre: All right, there is a request that item 81 not be included. Remove item 81. Nestor, do we have any items? Do other members of the Commission wish to remove any items from the Consent Agenda? Are there any members of the public that wish to address themselves to any item on the Consent Agenda? Mr. Plummer: Yes, hold on for just one minute please. Mayor Ferre: Is there any member of the public who is an objector or a proponent who wishes to speak to any item in the Consent Agenda? Hearing none, the Mayor will now accept a motion.... Mr. Carollo: Move. Mayor Ferre: ....by Commissioner Carollo and seconded by Commissioner Dawkins. Mr. Dawkins: No, I want to pull 89 and 95 for discussion. Mayor Ferre: All right, pull 89 and 95 and 81, Mr. Clark? Mr. Clark: 81, yes, sir. Mayor Ferre: With the exception of those three.... Mr. Dawkins: I second the motion. Mayor Ferre: There is a second on the Consent Agenda, Mr. Plummer. Going once... Mr. Plummer: Maurice, I can't find it. It is obviously in the other agenda. It is about single bid items. Mayor Ferre: Call the roll. THEREUPON, the following resolutions were introduced by Commissioner Carollo, seconded by Commissioner Dawkins, and were adopted by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT:'. None. 24.1 PURCHASE OF FIREFIGHTER TURNOUT CLOTHING TOTALLING $23,917. RESOLUTION 82-781 A RESOLUTION AUTHORIZING THE PURCHASE OF 100 SETS OF FIREFIGHTER TURNOUT CLOTHING UNDER A METROPOLITAN DADE COUNTY CONTRACT WITH MIDWESTERN SAFETY MANUFACTURING CO. FOR THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES AT A TOTAL COST OF $23,917; WAIVING THE REQUIREMENT FOR SEALED BIDS; ALLOCATING FUNDS THEREFOR FROM THE 1981-82 OPERATING BUDGET OF SAID DEPARTMENT; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS EQUIPMENT. .s SEP 91982 IL 51 8 s ' 9 24.2 PURCHASE OF SIX FIRE APPARATUS (1250 GPM PUMPERS) TOTALLING $818,706. RESOLUTION 82-782 A RESOLUTION AUTHORIZING PURCHASING OF 6 FIRE APPARATUS (1250 GPM PUMPERS) UNDER A METROPOLITAN DADE COUNTY CONTRACT WITH PIERCE MANUFACTURING COMPANY FOR THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES AT A TOTAL COST OF $818,706; WAIVING THE REQUIREMENT FOR FORMAL SEALED BIDS; ALLOCATING FUNDS THEREFOR FROM THE 1981 FIRE FIGHTING, FIRE PREVENTION AND RESCUE FACILITIES BOND FUND; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDERS FOR THIS EQUIPMENT. 24.3 BID ACCEPTANCE: FOR W.R. GRACE & CO., SOUTHERN MILL CREEK „ PRODUCTS AND WOODBURY CHEMICAL COMPANY FOR CHEMICALS AND FERTILIZER FOR PARKS DEPARTMENT TOTALLING $9,987.50, $11,875.75, AND $2,007.50 RESPECTIVELY). RESOLUTION 82-783 A RESOLUTION ACCEPTING THE BIDS OF W.R. GRACE & CO. AT A COST OF $9,987.50; SOUTHERN MILL CREEK PRODUCTS AT A COST OF $119875.75; AND WOODBURY CHEMICAL CO. AT A COST OF $2,007.50; FOR FURNISHING CHEMICALS & FERTILIZER ON A CONTRACT BASIS FOR ONE YEAR TO THE DEPARTMENT OF PARKS; AT A TOTAL COST OF $23,870.75; ALLOCATING FUNDS THEREFOR FROM THE 1981-82 OPERATING BUDGET OF THAT DEPARTMENT AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDERS FOR THESE MATERIALS. 24.4 BID ACCEPTANCE: FOR TEKTRONIX, INC. FOR COMMUNICATIONS MAINTENANCE EQUIPMENT TOTALLING $16,011 FOR BUILDING AND VEHICLE MAINTENANCE. RESOLUTION 82-784 A RESOLUTION ACCEPTING THE BID OF TEKTRONIX, INC. FOR FURNISHING COMMUNICATIONS MAINTENANCE EQUIPMENT TO THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE; AT A TOTAL COST OF $16,011.00; ALLOCATING FUNDS THEREFOR FROM THE 1981-82 OPERATING BUDGET OF THAT DEPARTMENT; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS EQUIPMENT. 24.5 BID ACCEPTANCE: FOR JOSEPH D. VENTURA b ASSOC. FOR 2 POLYGRAPH MACHINES FOR POLICE DEPARTMENT TOTALLING $99095.00. RESOLUTION 82-785 A RESOLUTION ACCEPTING THE BID OF JOSEPH D. VENTURA 6 ASSOCIATES FOR FURNISHING 2 POLYGRAPH MACHINES TO THE DEPARTMENT OF POLICE; AT A TOTAL COST OF $9,095.00; ALLOCATING FUNDS THEREFOR FROM THE 1981-82 OPERATING BUDGET OF THAT DEPARTMENT; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS EQUIPMENT. 24.6 SECURING INSURANCE FOR THE ORANGE BOWL STADIUM. RESOLUTION 82-786 A RESOLUTION RATIFYING, CONFIRMING AND APPROVING THE ACTION OF THE CITY MANAGER IN EXPENDING THE SUM OF $12,000 TO OBTAIN CONTINGENT BUSINESS INTERRUPTION INSURANCE FOR THE ORANGE BOWL STADIUM TO PROTECT THE CITY FROM LOSS IN THE EVENT OF A STRIlM BY THE NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION. 50 SEP 9198Z v 24.7 BID ACCEPTANCE: FOR DOCK & MARINE CONSTRUCTION, INC. FOR PILING REPLACEMENT AT MIAMARINA AND WATSON ISLAND TOTALLING $29,740. RESOLUTION 82-787 A RESOLUTION ACCEPTING THE BID OF DOCK AND MARINE CONSTRUCTION, INC. IN THE PROPOSED AMOUNT OF $29,740, BASE BID "A" OF THE PROPOSAL, PLUS 4 ADDITIONAL UNITS OF ITEM 2, FOR MLAMARINA AND WATSON ISLAND - PILING REPLACEMENT; WITH MONIES THEREFOR ALLOCATED FROM THE ACCOUNT ENTITLED "MIAMARINA AND WATSON ISLAND MARINAS - MAJOR MAINTENANCE" IN THE AMOUNT OF $29,740 TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $3,860 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $600 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. 24.8 BID ACCEPTANCE: FOR EBSARY FOUNDATION COMPANY FOR PILING RAPLACEMENT - AT MIAMARINA AND WATSON ISLAND TOTALLING $23,200. RESOLUTION 82-788 A RESOLUTION ACCEPTING THE BID OF EBSARY FOUNDATION CO. IN THE PROPOSED AMOUNT OF $23,200, BASE BID "B" OF THE PROPOSAL PLUS 8 ADDITIONAL UNITS OF ITEM 6, FOR MIAMARINA AND WATSON ISLAND - PILING REPLACEMENT, WITH MONIES THEREFOR ALLOCATED FROM THE ACCOUNT ENTITLED "MIAMARINA AND WATSON ISLAND MARINAS - MAJOR MAINTENANCE" IN THE AMOUNT OF $23,200 TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $3,000 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $475 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. 24.9 BID ACCEPTANCE: FOR MET CONSTRUCTION, INC. FOR SAFETY IMPROVEMENTS AT MIAMARINA AND WATSON ISLAND TOTALLING $18,600. RESOLUTION 82-789 A RESOLUTION ACCEPTING THE BID OF MET CONSTRUCTION, INC. IN THE PROPOSED AMOUNT OF $18,600, BASE BID OF THE PROPOSAL, FOR MIAMARINA AND WATSON ISLAND - SAFETY IMPROVEMENTS; WITH MONIES THEREFOR ALLOCATED FROM THE ACCOUNT ENTITLED "MIAMARINA AND WATSON ISLAND MARINAS - MAJOR MAINTENANCE" IN THE AMOUNT OF $18,600 TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $2,418 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $372 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. 24.10 BID ACCEPTANCE: OF M. VILA & ASSOC., INC. FOR LITTLE HAVANA COMMUNITY CENTER MINI - PLAZA TOTALLING $70,752. RESOLUTION 82-790 A RESOLUTION ACCEPTING THE BID OF M. VILA AND ASSOCIATES, INC., IN THE PROPOSED AMOUNT OF $70,752, BASE BID AND ADDITIVE ITEM "A" OF THE PROPOSAL, FOR LITTLE HAVANA COMMUNITY CENTER MINI -PLAZA (2ND BIDDING), WITH MONIES THEREFOR ALLOCATED FROM 4TH, 5TH, AND 8TH YEAR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO COVER THE CONTRACT COST; ALLOCATING THE ADDITIONAL AMOUNT OF $500 FROM SAID FUNDS TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. 51 SEP 91982 sl 24.11 ORDERING DURHAM SANITARY SEWER IMPROVEMENT. RESOLUTION 82-791 A RESOLUTION ORDERING DURHAM SANITARY SEWER IMPROVEMENT AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS DURHAM SANITARY SEWER IMPROVEMENT DISTRICT SR-5486-C (CENTERLINE SEWER). 24.12 ORDERING EAST ALLAPATTAH HIGHWAY IMPROVEMENT. RESOLUTION 82-792 A RESOLUTION ORDERING EAST ALLAPATTAH HIGHWAY IMPROVEMENT, H-4481 AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS EAST ALLAPATTAH HIGHWAY IMPROVEMENT DISTRICT, H-4481. 24.13 BID ACCEPTANCE: OF WEEKLEY ASPHALT FOR CITY WIDE PAVING PROJECT- OVERTOWN, TOTALLING $53,717.50. RESOLUTION 82-793 A RESOLUTION ACCEPTING THE BID OF WEEKLEY ASPHALT PAVING, INC. IN THE PROPOSED AMOUNT OF $53,717.50 TOTAL BID OF THE PROPOSAL, FOR CITY WIDE PAVING PROJECT-OVERTOWN- WITH MONIES THEREFOR ALLOCATED FROM THE ACCOUNT ENTITLED CITYWIDE PAVING IMPROVEMENTS IN THE AMOUNT OF $53,717.50 TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $6,983.50 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $1,074.00 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. 24.14 CLOSING PORTION OF S.W. 4TH STREET FOR DEVELOPMENT OF JOSE MARTI RIVERFRONT PARK. RESOLUTION 82-794 A RESOLUTION CLOSING, A PORTION OF SOUTHWEST 4TH STREET BETWEEN SOUTHWEST 3RD AVENUE AND A POINT 100 FEET EAST OF SOUTHWEST 4TH AVENUE, AND SOUTHWEST 5TH STREET BETWEEN SOUTHWEST 3RD AVENUE AND A POINT 150 FEET EAST OF SOUTHWEST 4TH AVENUE, TO VEHICULAR TRAFFIC TO ALLOW DEVELOPMENT OF THE RIGHTS -OF -WAY AS PART OF JOSE MARTI RIVERFRONT PARR. 24.15 CLOSING N.W. 2ND STREET DURING CONSTRUCTION OF THE GOVERNMENT CENTER RAPID TRANSIT STATION. RESOLUTION 82-795 A RESOLUTION AUTHORIZING THE POLICE DEPARTMENT TO ISSUE A PERMIT TO CLOSE NORTHWEST 2ND STREET BETWEEN NORTHWEST 1ST AVENUE AND THE RAPID TRANSIT RIGHT-OF-WAY DURING CONSTRUCTION OF THE GOVERNMENT CENTER RAPID TRANSIT STATION. 52 SEP 91982 sl 24.16 ACCEPTING THE COMPLETED WORK BY P.N.M. CORPORATION FOR CENTRAL DRAINAGE PROJECT E-49. RESOLUTION 82-796 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY P.N.M. CORPORATION AT A TOTAL COST OF $176,156; ASSESSING $1,200 AS LIQUIDATED DAMAGES FOR 15 DAYS OVERRUN OF CONTRACT TIME; FURTHER AUTHORIZING A FINAL PAYMENT OF $13,523,92 FOR CENTRAL DRAINAGE PROJECT E-49; AND RESCINDING RESOLUTION NO. 82-406 ADOPTED MAY 11, 1982 WHICH HAD INCLUDED AUTHORIZATION TO ACCEPT THE COMPLETED WORK PERFORMED BY P.N.M. CORPORATION ON CENTRAL DRAINAGE PROJECT E-49 BUT FAILED TO ACCURATELY DESIGNATE THE DEDUCTION FOR LIQUIDATED DAMAGES. 24.17 ACCEPTING COMPLETED WORK OF FLORIDA PUMP AND TANK, INC. FOR FUELING FACILITY. RESOLUTION 82-797 A RESOLUTION ACCEPTING THE COMPLETED WORK OF FLORIDA PUMP AND TANK, INC. FOR FUELING FACILITY - ADDITIONAL FUEL TANKS - 1980 (2ND BIDDING) AT A TOTAL COST OF $75,994.52; AUTHORIZING AN INCREASE IN THE SCOPE OF THE CONTRACT IN THE NET AMOUNT OF $11,096.80; AND AUTHORIZING A FINAL PAYMENT OF $17,586.57. 24.18 ACCEPTING COMPLETED WORK OF MET CONSTRUCTION, INC. FOR AFRICAN SQUARE RECREATION BUILDING. RESOLUTION 82-798 A RESOLUTION ACCEPTING THE COMPLETED WORK OF MET CONSTRUCTION, INC. AT A TOTAL COST OF $147,650.00 FOR AFRICAN SQUARE RECREATION BUILDING - MODIFICATIONS; AND AUTHORIZING A FINAL PAYMENT OF $14,765.00. 24.19 ACCEPTING COMPLETED WORK OF MET CONSTRUCTION, INC. FOR MIAMI SPRINGS GOLF COURSE - IRRIGATION SYSTEM. RESOLUTION 82-799 A RESOLUTION ACCEPTING THE COMPLETED WORK OF MET CONSTRUCTION, INC. AT A TOTAL COST OF $29,237.00 FOR MIAMI SPRINGS GOLF COURSE - IRRIGATION SYSTEM; AND AUTHORIZING A FINAL PAYMENT OF $4,138.70. 24.20 ACCEPTING COMPLETED WORK OF FRE CONSTRUCTION COMPANY, INC. FOR ALLAPATTAH COMMUNITY DEVELOPMENT PAVING PROJECT. RESOLUTION 82-800 A RESOLUTION ACCEPTING THE COMPLETED WORK OF FRE CONSTRUCTION CO., INC. AT A TOTAL COST OF $63,874.08 FOR ALLAPATTAH COMMUNITY DEVELOPMENT PAVING PROJECT - PHASE IV (BID "B" - SANITARY SEWERS); AND AUTHORIZING A FINAL PAYMENT OF $8,724.17. 53 SEP 91982 al 0 25. ACCEPT BID: LUMMUS PARK AREA C.D. PAVING PROJECT B4477. Mayor Ferre: Do you want to take up item 89 now? Mr. Dawkins: 89, Mr. Manager, and 95, these are items I think and I need' someone from Community Development. You are paving streets. People have been up here from two areas where I live out there and we constantly tell them we have no CD funds to pave streets. Explain to me how we are using Federal Community Development Block Grants to pave these streets and we are not using Community Development Block Grants to pave the other streets. Ms. Spillman: Commissioner, this is a three year old project that was very slow in being implemented. It is only $11,000. It is just something that Public Works could not get to until now. Mr. Dawkins: And the same people who have been up here, their streets have been three and four years old. You see, Mr. Manager, this irritates me. You see, when they come up here and you tell me we have no money to provide streets, these people will have to be assessed. I go along with it and I tell the people that I agree with you. Then you come back with monies.... Mr. Gary: Excuse me, if I can, Commissioner Dawkins, when we make an appropriation, you can only appropriate those funds one time. These appropriations are the result of a couple of years ago. As a result, those funds were not available for any other purpose. Now, just as we had commited these funds for this particular purpose and that particular neighborhood would not be correct or fair to go back then and take the money from them and give to someone else. What we are saying is that this was a past practice. We do not have any money for the present and the present meaning the time you brought the issue up, and therefore, this is why this is done this way. Mr. Dawkins: I hear you but I really do not understand you. But because you, as the Manager, recommends this, I am going to go along.with it. But I still do not understand it. Mr. Mayor, I move 89 and 95 of the Consent Agenda. Mayor Ferre: Have we voted on the Consent Agenda itself? Mr. Carollo: Yes. Mr. Ongie: Yes. Mayor Ferre: So now, you have to do it separately, Miller, technically. There is a motion that you want to make for item number? Mr. Dawkins: Number 89. Mayor Ferre: All right, is there a second on item 89? Mr. Plummer: Yes. Mayor Ferre: Plummer seconds. Is there further discussion? Call the roll. 54 sl SEP 91982 0 0 The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 82-801 A RESOLUTION ACCEPTING THE BID OF P.N.M. CORPORATION IN THE PROPOSED AMOUNT OF $11,385, TOTAL BID OF THE PROPOSAL, FOR LUMMUS PARK AREA COMMUNITY DEVELOPMENT PAVING PROJECT, WITH MONIES THEREFOR ALLOCATED FROM THE FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUND IN THE AMOUNT OF $11,385 TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $1,480 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $228 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (here follows body of resolution, omitted herein 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 J. L. Plummer, Jr. Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. 26. ACCEPT COMPLETED WORK: WYNWOOD COI-24UNITY DEVELOPMENT PAVING PROJECT PHASE VI (BID "B") DRAINAGE Mr. Dawkins: Move 95. Mayor Ferre: Is there a second? Mr. Carollo: Second. Mayor Ferre: Second by Carollo. Further discussion? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 82-802 A RESOLUTION ACCEPTING THE COMPLETED WORK OF JOE REINERTSON EQUIPMENT COMPANY AT A TOTAL COST OF $81,898.36 FOR WYNDWOOD COMMUNITY DEVELOPMENT PAVING PROJECT - PHASE VI (BID "B" - DRAINAGE); AND AUTHORIZING A FINAL PAYMENT OF $8,952.46. (Here follows body of resolution, omitted herein and on file in the Office of the City Clerk). 55 sl SEP 91982 0 7J Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. 27. DECLARE AND CERTIFY RESULTS OF SPECIAL MUNICIPAL ELECTION SEPTEMBER 7, 1982 OBSCENE MATERIAL ON CABLE T.V. Mayor Ferre: Whenever you are ready, you let me know. Mr. Ongie: For the canvas? _ Mayor Ferre: We can do the canvas as item 43, isn't it? We have, ladies and gentlemen, four ministers (and I don't mean religious ministers; these are ministers of government) of four of our hemispheric republics that are here along with four presidents of chambers of commerce of different countries of the Caribbean and Latin America. In a moment, as soon as I get the Keys of the City of Miami, we are going to ask these eight distinguished gentlemen to step forward. But we have to wait for a moment while we get the Keys. In the meantime, maybe we can do the canvasing. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Ferre: We are waiting for the item on the canvasing in 43. Do we need any information on that? Mr. Ongie: You have it in front of you. It has been passed; the resolution together with my certifications. Mayor Ferre: All right, this is item 43,"a resolution declaring and certifying the results of the special municipal election held on September 7, 1982 for the purpose of voting for the approval or disapproval of implementation by the City Commission of Resolution No. 82-593, adopted June 24, 1982, by adopting an ordinance that would make it unlawful for any person or corporation using or making use of the cable communications systems to broadcast, exhibit, display, or show within the City of Miami any material that is obscene or indecent and which ordinances would define the terms "obscene material" and "indecent material"; said election resulting in the approval of the aforesaid implementation." You will notice in the figures that you have that there are 14,638 yes votes for the implementation; and 13,637 no votes. I would like to ask...I would like to, just for the purposes of proper canvasing take a little ... let us take, for example, what is the precinct in the middle of Little Havana? Mr. Carollo: 657-58. 56 s 1saz sl SEP _ sl Mayor Ferre: Let's take up 657-58 and let's see, would you tell us, Mr. Clerk, what the figures were in 657-658? Mr. Ongie: Yes, sir, in precincts 657, 168- yes, 101- no. In precint 658, 167- yes; 107- no. Mayor Ferre: Let's take a precinct in the Culmer area. Mr. Dawkins: 623 and 25. Mayor Ferre: All right, 623, 625. Mr. Ongie: 623: 134- yes; 107- no; 625: 81- yes; 86- no. Mayor Ferre: That is not what I have. You said 134-yes? Mr. Ongie: In precinct 623. Mayor Ferre: Yes. Mr. Ongie: Yes- 134; no- 107. Mayor Ferre: O.K., 625, was that the other one? Mr. Ongie: 625: yes- 81; no- 86. Mayor Ferre: Let's take one up towards the.... Mr. Plummer: It was a negative question, right? Mayor Ferre: No, the question, if you voted yes, you were voting for the ordinance against pornography; if you voted no, you were voting against the ordinance. Mr. Carollo: Mr. Mayor, let me add this. Even though some of the people that were for pornography in cable television try to say that the only reason they did not win this straw ballot was because the way the wording was, I strongly disagree. I think that this would have passed with a much larger vote, I think well over 60-65% if the wording had been a lot clearer. I think in the Spanish speaking precincts, a lot of people voted no because they were against pornography and therefore, they thought they were voting in favor of the ordinance that we placed. I think that happened in a lot of the Black precincts also and other precincts. Mayor Ferre: I think you are right. I tell you, it not only happened there. My sister lives in Coconut Grove, and I hope she is not dumb, she called up my office and she said that she wanted me to know that she had gone early to vote so that she could vote against pornography and that she had voted no. Mr. Plummer: So it was a negative question. Mayor Ferre: What? Mr. Plummer: It was a negative question. Mayor Ferre: Well, she voted backwards. In other words, she meant to vote yes. She voted against pornography, she voted no. Mr. Plummer: In the same way we got pornography, we got Metro Dade County. I wonder if there is any similarity. I'll tell you what is interesting if you look at this. 37 of the precincts voted for pornography out of 86. The greatest portion of those was south of Bayshore Drive. Mayor Ferre: Tell me again. Mr. Plummer: 37 precincts out of 86 voted for the ordinance, for allowing pornography on cable T.V. 57 SEP 9 1982 Mayor Ferre: In other words, they voted no. Mr. Plummer: They voted no. Mayor Ferre: O.K. Mr. Plummer: O.K., the greatest concentration of those no votes, almost solid in Coconut Grove.... Mayor Ferre: And do not forget to say Brickell. Mr. Plummer: I mean you go from precinct 812, it is solid against. Mayor Ferre: See, that's what happens when you white folk.... Mr. Plummer: Tell me about it, boss -man. Mayor Ferre: That's what happens when you white folk get a little freedom. A little bit too much freedom, that's all. Well, O.K., are we ready to vote on this, on the canvasing? Mr. Ongie: Yes, sir. Mayor Ferre: Is there a motion? Mr. Dawkins: Move. Mayor Ferre: Moved by Dawkins. Is there a second? Mr. Plummer: Second. Mayor Ferre: Second by Plummer. Further discussion? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 82-803 A RESOLUTION DECLARING AND CERTIFYING THE RESULTS OF THE SPECIAL MUNICIPAL ELECTION HELD ON SEPTEMBER 7, 1982 FOR THE PURPOSE OF VOTING FOR THE APPROVAL OR DISAPPROVAL OF IMPLEMENTATION BY THE CITY COMMISSION OF RESOLUTION NO. 82-593, ADOPTED JUNE 24, 1982, BY ADOPTION OF ORDINANCES THAT WOULD MAKE IT UNLAWFUL FOR ANY PERSON OR CORPORATION USING OR MAKING USE OF THE CABLE COMMUNICATIONS SYSTEM TO BROADCAST, EXHIBIT, DISPLAY, OR SHOW WITHIN THE CITY OF MIAMI ANY MATERIAL THAT IS OBSCENE OR INDECENT AND WHICH ORDINANCES WOULD DEFINE THE TERMS "OBSCENE MATERIAL" AND "INDECENT MATERIAL"; SAID ELECTION RESULTING IN THE APPROVAL OF THE AFORESAID IMPLEMENTATION. (Here follows body of resolution, omitted herein 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 J. L. Plummer, Jr. Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. SEP 91982 51 0 28. PERSONAL APPEARANCE: SEVERAL MINISTERS OF LATIN AMERICAN NATIONS Mr. Carollo: I guess the people of the Miami Herald are going to have to get on T.V. now. Mayor Ferre: No comment. Are the lawyers ready now, Mr. Garcia -Pedrosa? Mr. Garcia -Pedrosa: Yes, sir, we are. Mayor Ferre: You will have to wait for a few moments. I would like to, at this time, recognize the Chairman of the third Hemispheric Congress of Chambers of Commerce, which we are honored to have in our community. Captain William Alexander of Eastern Airlines, if you would step forward, and bring, if you would, the four ministers and the four presidents. Would you, Mr. Alexander, from this microphone here introduce them and then ask them to join us up here at the podium. Mr. Sabines and Captain Alexander, would you escort the Minister of Agriculture of E1 Salvador, Miguel Mechand, forward. E1 Director del Instituto Exterior de Comercio de Colombia, which is the Foreign Trade Office of Colombia, Gustavo Dobon; Carlos Sequera Yepe, President of the Federation of Chambers of Commerce of Venezuela, Fedecamara; Ronaldo Porta Espana, Executive Director of the Guatemalan Export Corp., Guatemala; Mr. Ronald Dent, President of the Chamber of Commerce of Guatemala; Mr. Jorge Guerrero Cerrano, International Director of the Chamber of Commerce of Chile; Mr. Humberto Prieto Concha, Director of the Chamber of Commerce of Chile; Mr. Luis Sabines, President of Camacol; Mr. William Alexander, who is the President of the Congress; Mr. Eloy Gonzalez, Secretary of Camacol, which is the Latin Chamber of Commerce in Miami; and Orlando Naranjo, the Vice President. Ladies and gentlemen, you have before you a group of important chamber presidents from throughout Latin America and several ministers of agriculture and other departments of government of various of our hemispheric governments. As the Mayor of the City of Miami, it is indeed an honor and a pleasure for me to welcome them. Would you join me in giving them a warm hand of applause. Captain William Alexander: Senor Miguel Mechand, the Minister of Agriculture of the Republic of E1 Salvador; Senor Gustavo Dobon, Director of the Department of the Exterior of the Republic of Colombia; Carlos Sequera Yepe, President of Fedecamara of the Republic of Venezuela (I forgot to say that he will be the next President of the Republic of Venezuela); Mr. Ronaldo Ports Espana, Executive Director of from Guatemala; el Senor Jorge Guerrero Serrano, Director of the Chambers of Commerce of the Republic of Chile; Humberto Prieto Concha, from the Republic of Chile. Mayor Ferre: Ladies and gentlemen, if you will forgive me, I am going to say a few words in Spanish for these distinguished visitors that are Spanish speaking. COMMENTS IN SPANISH. I will try to speak in English, even though I speak Mr. Mayor Ferre, Members of the local government, in the name of my friends, in the names of the countries of America, we thank you for this gift. We are very honored. We receive it in the name of our people and we reciprocate you with the friendship from the bottom of our hearts for this City and the people of Miami. We are very happy to be here with you. We know and hope that the friendship and the strength between our trade will get stronger and stronger every day. So let us say all together, "God bless America." Thank you. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. 59 SEP 9 tsar sl op 29. AUTHORIZE BOARD OF COUNTY COKIISSIONERS TO ESTABLISH A 15 YEAR NON AD VALOREM SPECIAL ASSESSMENT PROJECT AREA FOR DOWNTOWN COMPONENT OF METRORAIL (DCM) Mayor Ferre: Are we ready to hear from the lawyers? All right, Mr. Simon, are you going to report or is the City Attorney going to report to, us? Mr. Garcia -Pedrosa: Why doesn't Mr. Simon give the report, Mr. Mayor. Mayor Ferre: All right, thank you. Mr. Stuart Simon: I think that we are in agreement and we both recommend that section 1 of the resolution before you be amended so that the final phrase beginning with the comma in the middle of the sentence reads: "the City Commission hereby approves the creation of said project area pursuant to section 18-2 of the Dade County Code, such approval to become effective only upon the County Commission's amending the ordinance creating the special assessment project area to provide that houses of worship including their anscelary uses of a non-commercial nature within the project area be exempt from the levy of special assessments imposed by the said ordinance." We also believe that it would clarify the resolution if section 2, that the first sentence in section 2 say: "The Board of County Commissioners of Dade County, Florida, is hereby authorized and urged to levy said 15 year non ad valorem based assessment at the rate of 29C per square foot of net leasable square feet located in the project area." That would cross out the words "floor area of commercial, residential, and parking facilities space". I think this is satisfactory to your City Attorney, the various attorney from the churches, who have been most helpful. Mayor Ferre: Is there anybody from the attorneys' group that disagrees with the wording that has been read? Mr. James Ernest: I would like to state for the record as the Chairman of the committee which represents all three churches, James Ernest, 1897 S.W. 16th Terrace. We accept the amendment that as I understand it, Mr. Simon will have to go back before the County Commission for reapproval with that amendment attached. We accept it. Mayor Ferre: Does anybody have any problems? All right, hearing none, how about the County? Do we have any problems with the County on that? Mr. Warren Higgins: Mr. Mayor, I'm Warren Higgins, the Transportation Coordinator. Mayor Ferre: We were talking about you before, Mr. Higgins. We are happy.... Mr. Higgins: I understand that you were. In fairness to the Commission is that this issue really did not surface at the time it was considered by the Commission. We have checked with several of them and we are prepared to bring this back and I don't think that we will have a problem with this. Mayor Ferre: Thank you, sir. .Does anybody have any further discussion on this particular item? What we are going to do now is make a motion of intent, which will be incorporated in the resolution when we get to do it in the resolution form legally later on in the day. But all of you ladies and gentlemen can go away satisfied that it will be incorporated. : Mr. Mayor, may I just make one statement of thanks to those who have appeared anticipating what your vote is going to be. I would like to thank our Bishop Hunt, who came from Lakeland, who flew just specially for this. I would like to thank Dr. Conrad Willard, from the Central Baptist 60 SEP 91982 1 0 0 (CON'T): ....Church, and well as Derwood McDonald, a former pastor of the first United Methodist Church, who is Assistant to out Methodist Bishop in Lakeland. I would also like to thank Monsignor Bryan Walsh, who came in anticipating having to speak also. Thank you. Mr. Plummer: You have a serious problem because you just forgot my pastor, Father John Edwards. : Yes, but I have his superior. 11, Mayor Ferre: All right. Mr. Plummer: Mr. Mayor. Mayor Ferre: Mr. Plummer. Mr. Plummer: I am glad that Mr. Simon wrote the ordinance exactly as I dictated it. I think that we all are aware of the problems that many people are having in the downtown area and the churches are no exception. They are having hard financial times. We want to keep them in the down- town area, and some of these people, the First Methodist Church went that extra mile to stay downtown. I want you to know that this City should and does appreciate that. In the same vein that churches are exempt from ad valorem taxation, I would just like to remind Mr. Higgins, sir, when you go back to the Dade County Commission, I want you to remind them without the churches in the downtown, they will be exemplifying the old joke that says about the funeral for the atheist. He is all dressed up with no place to go. I move the motion, Mr. Mayor. Mr. Carollo: Second. Mayor Ferre: There is a motion now on the floor by Commissioner Plummer; seconded by Commissioner Joe Carollo. We are now ready to vote on it, unless anybody else has any... this is a motion of intent, which will be incorporated into the final resolution. Ladies and gentlemen, we are going to vote on it in a second. Our thanks to you for taking time from your busy schedules, especially those of you Bishop who came from out of town, Monsignor, who came from Ireland.... Mr. Plummer: He is just visiting here. Mayor Ferre: And all of you who made a special effort to be here today. Thank you very much, ladies and gentlemen. We are going to vote on it in a second. After we finish the vote, we have a long day to go yet, a lot of business. Would you kindly walk out of here quickly and quietly and do your talking outside so that we can get along with our business. All right, without further discussion, then? Call the roll. AT THIS POINT, THE CITY COMMISSION PASSED A MOTION OF INTENT TO INCORPORATE ALL THE HEREINABOVE CHANGES INTO PERTINENT RESOLUTION (AS AMENDED BY THIS MOTION), WHICH WAS PASSED AND ADOPTED HEREINBELOW (See R-82-805) This motion of intent was introduced by Commissioner Plummer and seconded by Commissioner Carollo, and passed by the following vote: AYES: Commissioner J.L. Plummer, Jr. Commissioner Demetrio Perez, Jr. Commissioner Miller'J. Dawkins Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. SEP _ 9 '082 0 Mayor Ferre: All right, now, there are other people who wish to speak on this particular issue, Mr. Reid. Gentlemen and ladies that are left on this issue, would you please raise your hands so that I can see how many other speakers we have? AT THIS POINT MAYOR FERRE TAKES A COUNT OF HANDS. Mayor Ferre: Mr. Reid, would you.... Mr. Jim Reid: Yes, Mr. Mayor, we would like to just very briefly for the. record have the Dade County representative sumarize the project, give the recommendation of the City Administration, and then proceed to the issues raised by the group. Mayor Ferre: All right, let's have the representative of Dade County. Mr. Reid: Warren Higgins. Mayor Ferre: Mr. Warren Higgins to speak to the Commission now. Mr. Warren Higgins: Mr. Mayor, I am sure that the individuals that will speak on the project have a good knowledge of it, but it might be helpful if the project manager, Simon Zwieghaft just hit quickly a few highlights. Mayor Ferre: All right, Mr. Zwieghaft. Mr. Simon Zwieghaft: Mr. Mayor. Mayor Ferre: Yes, sir. Mr. Zwieghaft: Commissioners, my name is Simon Zwieghaft. I am Dade County's Project Manager for the Downtown Component of Metrorail. I will try to be very brief and give a quick description of the proposed special assessment district for the Downtown Component of Metrorail. In front of you I have a chart which breaks down the funding for zbe project. This chart demonstrates that $20 million portion of the $116 million project cost is intended to come from a special assessment district on net leaseable square footage on all properties in the downtown area. This project was originally budgeted at $92 million. At the request of a strong urging of the Urban Mass Transportation Administration and as a condition of the Federal Government putting in some of their funds toward the project, the County Manager appointed a commission of downtown businessmen and local elected public officials to discuss the way in which downtown private property could participate in the project on an equitable basis. Mayor Ferre: Local elected? Mr. Zwieghaft: There were local elected officials on the committee that was established. Mayor Ferre: Who were they? Mr. Zwieghaft: Oh, boy! Mayor Ferre: Just name me one. Mr. Zwieghaft: Bill Oliver was on the committee. He was on the County Commission at the time. Mayor Ferre: I was just wondering if the City was represented on the committee. Mr. Zwieghaft: Jim Reid sat on the meetings, I believe. This committee recommended in its very last meeting that the special assessment district be established at a rate not to exceed 27c, 29c per square foot; and that sufficient funding be established such that the $20 million contribution could be made. This chart contains the boundaries of the special assessment 62 SEP 91982 sl Mr. Zwieghaft (CON'T): ....district. The boundaries are basically North West 6th Street and the Florida East Coast Railway on the north; Biscayne Bay on the east; the Miami River on the South; and I-95 on the west. The next chart.... Mayor Ferre: Sere, would you show me that chart again? I'm sorry. Mr. Zwieghaft: Certainly. The boundaries of the district, as proposed, would include all property bounded by Florida East Coast Railway and North West 6th Street on the north; The Miami River on the South; Biscayne Bay on the east; and I-95 on the west. Mayor Ferre: So the Freedom Tower Building does not...it just missed it. Mr. Zwieghaft: Yes, sir, the Freedom Tower Building is south of the Florida East Coast Railway. Mayor Ferre: So they are included. Mr. Zwieghaft: Yes, they are included in the boundaries of this district. Mayor Ferre: O.K. Mr. Zwieghaft: The next chart that I have shows the assessments required on the varying assumptions of interest rates necessary to raise the $20 million for the project. This chart allows me to make the point that the way the assessment district has been drawn up, the total funding for the project remains at the constant $20 million level, and as new properties are added to downtown, the additional square feet of new properties is used to reduce the assessment of existing properties. We have forecasts here which reflect the Downtown Development Authority's best estimate of the office space currently commited to come on in the downtown area. You can see that the various interest rates in 1983, the assessment may range from 24C to 27C. I might point out that if the interest rates that we are currently experiencing today would be at the low end of this scale. By 1985 that range would be from 14.3C to 16.1C per net leaseable square foot. Mayor Ferre: You mean by '87. Mr. Zwieghaft: Excuse me. Mayor Ferre: When will the tax be over? Mr. Zwieghaft: The taxes are levied for 15 years. The assessment is levied for 15 years. Yes, air. Mayor Ferre: O.K., anything else? Mr. Zwieghaft: O.K., the last chart that I have is an example that we used to show our Commission the probable impact of this tax on a typical office building in the downtown area. Based on a study by Clark Biondi in 1981, downtown office buildings were experiencing an operating cost on an average of $5.49 per square foot. This does not include any of their financing cost for the building, just the electricity, their real estate taxes, their cleaning costs. Mayor Ferre: So what you are saying is that after it is assessed at the height, it is a little bit over 5% of the total. Mr. Zwieghaft: That is exactly right, sir. Mayor Ferre: Is that a new office or an old office? Mr. Zwieghaft: That was the survey of a large number of buildings. I am sure it includes quite a range of new and old office buildings. Mayor Ferre: All right, you don't include the depreciation factor. 63 SEP 9198� sl i 0 Mr. Zwieghaft: No, we are not including any of the financing type costs. I do also want to make the point that the project which is being funded by the special assessment district is the Westinghouse Contract for the Downtown Component of Metrorail. The other funds that we use for that project come from the Federal Government, the State Government, and the City of Miami's contribution for the project. The County is also funding the land acquisition and staff cost, the County's direct cost for the project out of the Decade Progress Bond Program. Mayor Ferre: Thank you. Mr. Zwieghaft: That is all I have. Mayor Ferre: All right, Mr. Reid, for a very short, quick statement about the City of Miami's Administration's position on this. Mr. Reid: Very briefly, Mr. Mayor, we are recommending the approval of the resolution by the City Commission which would create this special assessment district. It is really the key to maintaining the Federal funding because it is one of the representations made to the Federal Government when they granted their money. We already responded to the issues raised in the public hearing. Mayor Ferre: Thank you. Mr. Roy Kenzie, of the D.D.A. Is there a representative of the D.D.A. here? Yes, sir. Mr. Peter Andolino: Peter Andolino, Downtown Development Authority; our Board of Directors passed a resolution at their last meeting recommending approval of the district with consideration for whatever comes out of this public hearing. Mayor Ferre: Was the vote unanimous? Mr. Peter Andolino: It was unanimous, except that Mayor Ferre abstained on this issue. Mayor Ferre: I abstained because I was going to be voting on it at the City of Miami Commission, but I might say that their representatives of not only the merchants such as Tony.... Mr. Andolino: Mr. Alonso, from La Epoca. Mayor Ferre: Tony Alonso of La Epoca and also Dick McEwen of Burdines, and Florida Power and Light and Tom Post who represents property owners, so there are a lot of people that are representative that were there who did vote for it. All right, so the D.D.A. is also on the record. Now, we have four public speakers. The first is Mr. Robert N. Sechen, of the law firm of Smith and I can't read the other one. Mr. Robert Sechen: Smith and Mandler. Mayor Ferre: O.K., yes, sir. Can the four public speakers... does anybody need more than three minutes? Mr. Sechen: Speaking for myself, no, your Honor, I do not believe I need more than three minutes. Mayor Ferre: Does anybody need more than three minutes? All right, would you put on the clock then? Yes, air, go right ahead. Mr. Sechen: I represent the Republic National Bank Building, the First National Bank Building, and the Downtown Center. I think that this Com- mission has already dealt with one part of this ordinance. That part of the ordinance is dealing with churches. I think the Commission appropriately addressed that. But I think that it Would be very, very naive of the Commission to think that only one part of a very critical issue was over- looked by the County Commission. I think the reason why you found this room filled today was because the County Commission did not do their job lu SEP 919Orl " sl Mr. Sechen (CON'T): ....and did not listen to the feedback that was given them by the people of downtown. I think that it is appropriate that this Commission look at that. I would like to submit into the record part of the six page report which I provided to the County Commission at the time of their public hearing of July 23, 1982. Specifically, I am here to represent interests of older buildings. I think that the Commission today must realize that there will be properties which will be severely hampered by the imposition of the tax. Not so much because it is a tax. Not so much because it is funding the people mover in general. But because of the improper way, or the poor way in which the tax is being assessed. The tax is trying to employ a net leaseable square feet basis as a primary basis of the allocation of the bond repayment clause. This leaves some older properties in an extremely disadvantageous position. I think it is important to know why this happens. Number one, older buildings have older rent rolls they don't have the ability to pass through. Number two, the money that could be utilized in the revitalization of properties, such as the properties which I represent, would be zapped up by utilizing this money for the people mover downtown. What we are looking for is an equalization of the benefits and of the costs. The benefits to the newer buildings are far greater than the benefits to the older buildings. They are able to incorporate their parking. They are able to incorporate a lot of other... whether they are building a station as part of their property or whatever... they are able to incorporate these things within the framework of their properties. The older buildings are not able to do that. I think it is time that this Commission stood up and represented the property interests of downtown Miami in order to insure that some of these properties in downtown Miami are not run over by the County Commission. There are some suggested alternatives in my report to the County Commission. None of these were even discussed. It was a very perfunctory public hearing. I would like to see this Commission investigate this matter, listen to some of the speakers today, and give some word to the County Commission as you did in regard to the religious organizations and to the religious properties _ that some other method of utilizing the tax structure should be utilized. Please keep in mind that it is your tax base that the County is encroaching on in this matter. Thank you. Mayor Ferre: All right, thank you, Mr. Sechen. Next speaker is Alan White, Clark Biondi Realtors. Mr. Alan White: Gentlemen, my name is Alan White. I am with Clark Biondi Realtors. I represent two different property owners in downtown Miami, Ground Lease holder for the Trailways Bus Station and also the new owners, the Peninsula Federal Building, located at 200 S.E. First St. In behalf of both ownership groups I would like to comment that we are in support of the DPM program. We are concerned that anything that would be done to undercut the funding that is apparently necessary for this program. At the same time we would like to express the fact that we are concerned that the current proposal is fundamentally unfair. It is unfair for the reasons that Mr. Sechen has outlined. It is fundamentally unfair in the case of the Peninsula Building because of the impact on a private parking garage which would be competing with the DPM. We would like to urge that the formula for assessing the taxes be re-evaluated and a more equitable system determined. I would like to make reference very briefly, if I may, to the Clark Biondi Study that was cited by a representative of the County Commission. The study is correct in that the average expense for down- town office buildings was $5.49 a square foot. I don't have the study with me at present but I would beleive that you will find that there is a substantial range between old buildings and new buildings. The proposed tax for an older office building can easily exceed ten or twelve percent of current expenses. In contrast, for a new office building which will have an operating expense from $7.50 to $8.50 and possibly even $9.00 a square foot. This tax may only be 1%, 2%, or 3%. I think that demonstrates what we believe is the inequality of this proposal. I will conclude by saying that with respect to a privately operated parking garage, this new tax burden in the case of the Peninsula Office Building will represent nearly 20% of our current expense level. We feel that it is unfair and we hope that consideration can be given not to discarding the entire need for bonding, but to come up with a more equitable way of setting up the taxing district. Thank you very much. Mayor Ferre: Thank you. John Farrell. Mr. John Farrell: My name is John Farrell. I represent also the owners of the Peninsula Federal Building. I feel that I am going to be repetitive. But we are very much in favor of the people mover. However, we do feel, as the owner of an older building and a parking garage that it is unfair. We wish the Commission would take this into consideration when they make their vote. Thank you. Mayor Ferre: Mr. Phillip A. Jaffa. Mr. Phillip Jaffa: Good afternoon, Phillip Jaffa, 100 Chopin Plaza, Miami, Florida. I am here on behalf of Miami Center Limited Partnership, Chopin Associates, and the Miami Center Joint Venture, all property owners in downtown Miami. We also are not opposed to the Downtown Component of Metrorail. We just feel that the way this particular district has been formed is unfair. It is unfair in the following ways: first, they put the descriminating burden on downtown properties. The Downtown Component of Metrorail, by its name and by the changing in the funding that was done several months ago by the County to get Federal funding, this system is an integral part of the entire Metrorail System. To say that the DCM benefits solely downtown property owners, we feels descriminates against them, for in fact the benefit is County wide. To have downtown property owners pay for a County -wide benefit we feel violates the law. Secondly, the tax does not differentiate between types of property or the uses to which various types of property are put. Hotels, for instance, and parking lots would be taxed the same way as retail and commercial space would be taxed. Obviously there would be a greater benefit to a retail tenant doing business, than it would be, for instance, to a parking lot owner. Thirdly, as the previous speakers have already mentioned, new buildings would be taxed the same rate that older buildings are taxed at. This certainly puts a heavier burden on older buildings who might not have the ability to pass through these taxes to tenants in their leases, or older buildings that are presently on long-term leases with no relief. Finally, well, not quite finally, we have taken care of the church properties. I felt there was a serious problem with church and governmental properties. I am not sure that the County or the City realizes that by this tax we could actually affect the apraisable values of downtown properties. Since net income is one of the factors the appraiser considers in assessing taxes and creating the tax base for the County and the City, a decrease in net income by the increase in taxes might eventually affect the budgets for both the City and the County. In addition, governmental properties are included; thus further reducing the taxes available for public services. We feel that an increase in the tax burden on the downtown properties would give an unfair advantage to the properties located to the south of us on Brickell Avenue and to the north in the OMNI area. 66 SEP 91982 Cont'd ..... The assessment district is for 15 years. This in effect is nothing more than increasing the real estate taxes for downtown property owners for a 15 year Special Assessment District. In our partic- ular instance our analysis shows that the Miami Center Project will pay $15,492,705 in additional taxes during this 15 year period. It would seem that there are alternatives to the way that this particular district has been set up and we stand ready, willing and able to help in any way we can in forther formulating a more equitable way of funding the DCM. Thank you. Mayor Ferre: The next speaker is Mr. Linton R. Lovett. Mr. Linton R. Lovett: Mr. Mayor and members of the Commission, I am representing Mr. William R. Watts who is the owner of two parking lots on the south side of Southwest First Street between South Miami Avenue and Southwest First Avenue. We are objecting on two grounds, a very speci- fic ground concerning these two lots and a general ground that an assess- ment of parking. In 1955 the City started to condemn Mr. Watts' lots for parking. Mr. Watts objected, he entered into an agreement with the City by which he agreed that for 30 years until July 27, 1985, these lots would be used only for parking. Mr. Watts realized that he would have to pay taxes. He did not realize that anything of this sort would ever come up. This makes it economically highly undesirable to use the lots for parking but because of his contract with the City for the next three years, he must use the lots for parking or permit the City to buy these lots at their 1955 evaluation which, of course, he wouldn't do. So, in effect, I am representing a property owner who made an agreement with the City and now this assessment is putting him into very deep trouble. For last year his square footage income, the gross from the lots wax $2.97 per square foot. His taxes were $1.57 a square foot, leaving him $1.40 a square foot, you're leaving gross receipts of $1.40 a square foot. Now, after other expenses he is getting only $.51 a square foot net. Now, we have a tax of $.29 a square foot minus whatever is not leasable, let's say $.09 which will leave him maybe $.30 a square foot. So this tax is not taking 5% of his revenues or 5% of his income but it will be taking well over a third of the little income he is getting left on this property. Now, I want to say something about the general subject of parking. Other speakers have already mentioned it but the whole concept of a special assessment is to balance benefits and burdens. Parking is not benefitted at all by a pro- gram designed to keep cars out of downtown Miami. We would certainly like to reiterate and emphasize what has already been said that there should be differential assessments for different types of property. If a retail store benefits let it pay. All parking facilities suffer, they should be exempt. Mayor Ferre: Are there any other speakers now in this public hearing that wish to address the Commission on this issue? Are there any other public speakers? Yes, sir. Mr. Stuart Simon: My name is Stuart Simon and I'm representing the County today as their bond counsel on the DPM Project. I want this City Commis- sion to be aware of my role when I address you on the County's behalf. I think it is important for you to realize the procedure that the County must set up in accordance with its Code of Ordinances and the Ordinance that it has already enacted. Assuming that the ordinance goes into affect, it becomes the duty of the County Manager to prepare a prelimin- ary assessment roll in which he determines in each one of the years for the next 15 years what the assessment will be on each of the properties involved based on the number of net leasable square feet within that prop- erty. He is charged with doing one thing, however, and in section 18-14 of the County Code it says this: "In preparing the preliminary assessment roll, the County Manager shall take into consideration increased or dimin- ished benefits which individual lots or parcels may receive and hardships which may result from unusual shapes, depths or other characteristics..." So the County Manager in determining what the assessment shall be in each property may take into consideration individual properties such as unusual shapes, restricted uses, as Mr. Lovett pointed out to you where a property is limited in its use to parking only and could be adversely affected. So each property owner may come to the County Manager first, make a presenta- tion to him while he is preparing the preliminary assessment roll. If they're dissatisfied with the County Manager's decision, they can then come to the County Commission and ask the County Commission to reduce the assess- ment, and the last line of the ordinance I read to you says this: "The preliminary roll shall be advisory only and shall be subject to the action of the board", meaning the Board of County Commissioners, "...as herein- after provided." So that there is adm►ii}nistrative relief that is given to 6 SEP 82 these people. I'm very sympathetic to some of the arguments that have been made with regard to the older buildings and properties that are re- stricted to parking only but I think that under the County's ordinance there is a procedure whereby each of these properties that has a special case to present can be heard, an equalization process must be put into affect under the County's ordinance and I think the County will treat them fairly. Mayor Ferro: Mr. Mc Cuen and then Mr. Stuart Simon, I'm going to come back to you, Stuart, to ask some specific questions as presented by the attorneys on the other side. Yes, sir. Mr. Richard Mc Cuen: My name is Richard Mc Cuen, I am Chairman of the Board of Burdines and I happened to stroll in for other reasons but I - would like to make a comment on this issue. In our downtown store which has had for the last two or three years a declining volume because of the drop in tourist trade from Europe as well as Latin America, we're very much concerned with doing those things that bring business back into the downtown and our downtown building will be taxed per square foot well over $100,000, it will cover a parking lot that we have, it will cover kitchens, it will cover bakeries, it will cover offices, it will cover many things of special interest as well as retail space. As more garages are built in the downtown as are planned over the next few years the abundance of business that is falling into Mr. Watts' garage or some of the other garages at this point are parking lots that are taking very good advantage of the lack of parking at the present time. That abund- ance won't be there and unless we do the things in the downtown of Miami to bring the traffic back to Miami we're not going to be happy with what we have down there and I will guarantee you like everything else, ten years from now we will think this is the greatest bargain that was ever placed upon us even though it is very difficult at this point to understand how our downtown store will absorb $125,000 in additional expenses the first year of this special assessment - it's not a happy thing, it is a long range thing. Thank you. Mayor Ferre: Are there any other members of the public that wish to ad- dress this Commission? If not, seeing none I have some questions for you but I'll do that after the public hearing portion is closed. Is there a motion to close this public hearing? Mr. Plummer: So moved. Mayor Ferre: Moved by Plummer, is there a second? Seconded by Perez, further discussion? Call the roll on the closing of the public hearing. The preceding motion introduced by Commissioner Plummer and seconded by Commissioner Perez was passed and adopted by the following vote - AYES: Mr. Plummer, Mr. Perez and Mayor Ferro. NOES: None. ABSENT: Mr. Carollo and Mr. Dawkins. Mayor Ferro: Now, Mr. Simon, let me ask you, if you would. The attorneys that made a presentation here, if they'll permit me to paraphrase what they said, complained, as I understood it, about three things: The first thing they said is it's not fair for you to assess new buildings and old build- ings the same, that just isn't right. The second thing they said was that it is not the same for Burdines to pay for this or for Southeast Bank and for somebody who doesn't get quite the same usage or revenue out of their property, so it is unfair to assess all these different buildings in the same way. The third issue that was brought up, and I think these are the three main basic issues, the third issue was that people from Kendall and South Dade and other parts of the community that will be riding Metrorail will also be beneficiaries of the downtown component. As a matter of fact, the County has gone out of its way in Washington, and I've been present, I've been one of those making a statement tha in effect the rapid transit system will not work without the downtown component and if that is the case that means that the beneficiaries of it are not only downtown properties but the people of Coral Gables and Kendal and what have you. Now, those are the three main issues. Would you address briefly those three issues, and you made an argument to me which I thought was a very persuading argu- ment, to me it was the pursuading argument which you have not made today and that is that when we have sewer assessments and other sort of payments for services rendered by government, would you give us that reasoning? Mr. Simon: Yes. Philosophically, Mr. Mayor, if I can refer to our dis- on cussion..... _ 68 p 4 4 Mayor Ferre: You know, I could hear perfectly well with the old system and I'm having a hard time following all of these people. Darrey Davis speaks very low, but I had a hard time listening to that man. Go ahead. Mr. Simon: There is, in terms of these properties a basic, and I think philosophically, Mr. Mayor, that if you and I could design the system and the method of paying for it, we would probably conclude that the fairest and the best method would be an ad valorem tax. Let's assess each prop- erty on the basis of its value. There are certain very practical diffic- ulgies that come about with this regard. If the County were to impose an ad valorem tax it could only do it after and election and the election in the area would be a very difficult thing to conduct and the reason is there are virtually no residents in the area. You know it is a downtown commercial area. We do, unfortunately have a few people who sleep on benches but to limit the election to the residents in the area, as the Supreme Court says we would have to do, would be turn it into almost a travesty, a joke of an election, and the County Commission for this reason is very anxious not to go to the people with a referendum imposing another ad valorem tax. I've turned to the State Law and particularly Chapter 170 which allows counties and municipalities to make certain local municipal improvements and there are several basis that are set forth. One is you do it on a front foot basis and normally, for example, when electricity lines or water and sewer lines are put down it done on a basis of a front foot assessment but there are certain inherent difficulties with that too and that would pertain to new buildings and old buildings. If we had a front foot assessment old buildings would be assessed on the same basis as new buildings and no more. Another way of doing it would be square footage where particularly you're putting in a drainage area. You some- times assess on the basis of the number of square feet to be drained. This also would not make any difference between old buildings and new build- ings or valuable properties and less valuable properties. So we've tried to come up with something innovative and we've come up with a new concept the number of net leasable square feet. Mr. Bob Harmon is here today, he is the County's economic conduitant on this matter and he was the man who originally suggested the number of net leasable square feet. I think it might be helpful to the City Commission if he very briefly, and I know you are anxious for brevity, gave you an explanation of why he suggested that criteria. Mayor Ferre: Mr. Harman, do it very briefly, please, we're very way behind schedule. Mr. Bob Harmon: Thank you, Mr. Mayor. Very briefly, we, prior to doing the evaluation of financing modes conducted a benefit assessment of the system itself, there is in effect a phase system of benefits, the same older building property owners that would have a period where the proportion compared to their current operating cost would be larger will also be larger gainers in the capital gains which accrue later on. ...important legal function that are an evaluation from economics which was the basis of my testimony to the County is that in a benefit assessment program the individual vehicle used must be sure that the quantified monetary benefit to the payor is at least equal to the amount that is being asked and that is true in this particular case. Mayor Ferre: Now talk to the economic issue, if you will, of the differ- ence between a building that has a hotel and one that has a parking lot since you're charging them all the same, how about the unfairness of that? Mr. Harmon: Well, our report is public. In the comparison to the hotels where the benefit there is the connection, the ability of linking up with other hotels, added convention business, added retail sales benefits, and the same way into looking at the retailers. Overall, the differences on a comparable basis going back to net leasable square feet is very close. Mayor Ferre: All right, now lastly, Mr. Simon, to the argument that the people in Metropolitan Dade County, Coral Gables and others outside the City of Miami are not paying their fair share, isn't there a contribution? Mr. Simon: Of course, there is. 69 SEP 91982 r 10 V Mayor Ferre: How much is the contribution from the tax roles of Metro for this? Mr. Simon: I can't tell you that exactly, Mr. Mayor, let me explain it this way. The value of the Westinghouse contract is $116,000,000,.... It's $86,000,000? And a tremendous amount of that..... Mayor Ferre: But that's paid for mostly by the federal government. Mr. Simon: A tremendous amount is being funded by the federal government, a tremendous amount, approximately 12h% is being funded by the State of Florida, the City of Miami is making a contribution and Dade County is mak- ing a contribution. That is all coming from ad valorem taxes. Mayor Ferre: Address the question. Mr. Simon: There is an attempt to segregate and say how much greater a benefit is downtown receiving..... Mayor Ferre: The question is does the outlying area other than the down- town area pay any portion, are they contributing anything to this system for rapid transit for the whole benefit that is going to be approved? Mr. Simon: In the form of general community taxes the whole community is contributing. Mayor Ferre: That's what I want to say, in other words the answer to Mr. Yaffe and to you and through you to Mr. Gould is that the community is contributing, perhaps obviously not as much but it is certainly contribut- ing a major portion, it's contributing tremendously in the capital expendi- ture portion of it, it is going to contribute definitely in the deficit of the rapid transit and it certainly is going to contribute into this. Go ahead. Mr. Harmon: Yes, I happen to have to numbers on the top of my head so I can give them to you. The Decade of Progress Bond funds which for the DPM Project are being used for the land acquisition and accounting costs is 17.6 million dollars and the City of Miami's contribution is also 2.3 mil- lion so together they are about the same, that is the local tax dollars are about the same as the Special Assessment District. Mayor Ferre: Thank you, sir, that's what I was looking for. Further ques- tions of members of the staff or representatives of the County? Further discussion on the part of the City of Miami Commission? Is there a motion? Everybody wants to go to heaven, nobody wants to die. Come on. No takers, huh? That's very interesting. I'll make the motion. Here you are. Mr. Plummer: What is his name? Mayor Ferre: What's his name moves that the City of Miami Commission pass the resolution as amended and read into the record by Mr. Stuart Simon and approved by the City Attorney which is Item 3 which establishes a 1S year non -ad valorem special assessment project area for the downtown component of Metrorailr DCM, stipulating rates and net proceeds and prescribing project area boundaries with a recommendation of the City Manager and as discussed here for the past hour. Mr. Plummer: Moved by Fulanito. Mr. Dawkins: Seconded by Dawkins for the simple reason that I too feel as the Mayor that we and all of Dade County have supported the Metrorail and the people in my neighborhood are not benefitting from that and now you're putting a people mover downtown which I will not benefit from and I definitely feel that those who receive the most benefit from it should pay the most taxes and, therefore, I second the motion. Mr. Plummer: Any further discussion? Hearing none, call the roll. 4 4 The following resolution was introduced by Mayor Ferre, who moved its adoption: RESOLUTION NO. 82-805 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI AUTHORIZING THE BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, FLORIDA, TO ESTABLISH A FIFTEEN (15) YEAR NON -AD VALOREM SPECIAL ASSESSMENT PROJECT AREA FOR THE DOWNTOWN COMPONENT OF METRORAIL (DCM); STIPULATING RATES AND NET PROCEEDS; AND PRESCRIBING PROJECT AREA BOUNDARIES. (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 Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Joe Carolio Mayor Ferre: Now that we've gone through that painful experience, let me make my 30 second speech here. Mr. Higgins, I'm addressing this to you, sir. I want you to know that I did not want to mix apples and oranges or oil and vinegar together but you were the subject of discussion this morning. I wish to inform you, sir, even though it seems that there is a tremendous reluctance, and I'm happy to see Ray Goode here because as a matter of fact, it was Ray Goode when he was Manager of Metropolitan Dade County who along with Jack Orr, and Ray, you may remember when I sat down with Jack and came to the County Commission for an extension of the orig- inal engineering study by Kaiser Engineers to study something that Maurice Alpert had come up with called the Downtown People Mover which I had never heard of but he was dead set to get on the agenda because he thought that rapid transit was going to be a disaster, etc., etc. At the outset, your predecessor, a fellow by the name of John Dyer, said that he was opposed to the Downtown People Mover because he saw it as an attack on rapid transit, you remember that, Ray. And so, therefore, he wasn't supporting it. So Jack Orr said, "Well, you come up before the Commission and ex- plain it anyway." and I went up and it was voted down. The County Commis- sion voted down the request by Ray Goode for $35,000 as sponsored by Jack Orr to make a preliminary study by Kaiser Engineers for a People Mover. The matter died. We persisted, we the City. I finally convinced John Dyer that this was not Alpert and others that were out to gut, that Richard what's his name, the lawyer who wanted to gut rapid transit... Mr. Plummer: Richard Friedman Mayor Ferre: And the fact is that we finally got it done. Okay? The City of Miami was responsible, in my opinion, for securing the funds for getting all of this, this is a3 much our project as it is your's. Mr. Goode: Absolutely. Mayor Ferre: Now, it doesn't seem that way some times. Now, that man over there, Jim Reed, was responsible for thinking up a way to get 6.7 million dollars and this man here along with Marty Fine and others went up to Wash- ington and got the Carter administration to secure 6.7 million dollars. Now this man over here, Commissioner Dawkins yesterday met with the head of UMTA and Mrs. Range was there, Art Teale. And I want to tell you, and I recognize that Art Teale will save the day again for us but Art Teale says in his simple language, "Who the hell is in charge around here? I can't get answers, the County, who is doing this? Is it the City or the County?" Now look, Mr. Higgifts, as far as I'm concerned we're either going to get this thing straight or you give it up or we give it up but you know we're playing a very stupid game of let's cut up the baby and divide it in half. I want to tell you something, I want this project and that 6.7 sail - lion dollars is in jeopardy and it is important to us so let's stop all of this division and foolishness and let's get on with solving the problem. 71 SEP 91982 Mr. Higgins: I agree completely and I thought yesterday's meeting was an unfortunate meeting. We have got a joint agreement, Jim Reid and myself have worked out, we are taking it before our County Commissioners, I think that there is no disagreement between Jim Reid, the City of Miami and the County as to roles and missions on this project. I think that our job is to clear the property and get the property and then turn it over to the City of Miami for development and I made this statement at the meeting that I felt that the feasibility plan and the development of this property should be and is the responsibility of the City of Miami. Mayor Ferre: Thank you, sir, and I sure hope we can get Mr. Teale and others, you know, settled down a little bit on this. r3O.3rd AND FINAL READING OF OPMINANCE: FLOPSDA PO'lER VID LIGHT F^At7CHISE. Mayor Ferre: We're now on Item #4 which is the final reading and public hearing on an ordinance for Florida Power and Light and its successors and assigns, an electric franchise and Mr. Manager, would you address the issue and let's hear from Bernie and then let's vote. Mr. Clark Merrill. Mr. Clark Merrill: Mr. Mayor and Commissioners, the City Commission on the 22nd of July passed on First Reading the ordinance granting to Florida Power and Light a 30 year electric franchise and on the 29th passed it on a Second Reading. There was a technical change that had to occur in the advertising and I was hoping the City Attorney would be here, he may want to address that, but we have complied with all of the state laws and the local laws in the advertising process and the issue now is before you for a final adoption of that franchise and we have advertised the public hearing. Mayor Ferre: All right, on the public hearing, is there any member of the public that wishes to be heard at this time? All right, would you, Bernie, come on. Is there anybody else here who wishes to be heard? All right, we have two other speakers. While he is speaking, give your names and addresses to the Clerk and I'll recognize you. You each have 3 minutes to speak. Mr. Bernie Lazarus: Mr. Mayor and members of the Commission, you have voted on an awful lot of issues in the past and you'll probably vote on a lot more in the future but there is no issue that comes close to being as important as the issue that is being discussed right now because in dollars and cents value it will run from a minimum of 5 billion to 10 billion dollars and it is all going to be paid by the people who live in the City of Miami and it is all going to be paid in addition to that by the biggest payer which is the City of Miami which last year paid approximately $6,000,000 to Florida Power and Light. Now, because of the fact that this is such an important issue, I wish that every member of the Commission were here because I can assure you that at the next City election, regardless with respect to what is being done here today it is going to be a major if not the major issue and I wish that Commissioner Carollo was here so that he could sit in on what is going on. Now, this was recommended by the City Manager, so seeing that the City Manager was recommending it I spoke to the City Manager's Office and I asked the gentleman that answered the phone what had been done to cause this recommendation. I said, have you contacted any of the 51 communities in the State of Florida which run their run energy set-up? He 3 said, "No, we haven't." I said, "Do you know that one of them is only in Homestead, just a mashy shot from here?" "Why didn't you contact them, their rates are cheaper than our's?" He said, "No, I didn't." I said, "Do you know that Jacksonville has their own power? Do you know that Ocala does? Do you know that Gainesville does? Do you know that Pensacola does and in all 51? Why don't you find out what their experience is?" You're trying to tie the City up to a 30 year contract. In addition to that, the uses of energy today are being examined worldwide. Have you checked into the American Public Power Association which speaks for over 2300 communit- ies in the United States on public power? Do you know that the City of Los Angeles has its own power set up? Do you know that the City of Seattle which has a concentration of the biggest electric company that uses electric power in the United States in the form of the Boeing company? He said no, he hasn't. I said, did you ever hear of co -generation which is an important factor in energy? He said no. I said, did you ever hear of a solar pond situation that is being operated successfully in several places arS Ep thS 1982 7 2 world? He said no. I said, did you ever hear of water power in the form of the tides? He said no. I said, did you ever hear of the Gulf Stream? He said no. I said did you ever hear of the wind? He said no. So I say that the City Manager's recommendation is written on the wind and that the City Manager's Office should be severely condemned for making light of an issue that is of such importance that I don't know of anything that could be more important than this. In addition to that, here is something that doesn't expire until 1984. This is 1982. 1 insisted at the last time that I was here that all the people of Miami are entitled to is a feasibility study, gentlemen, we insist that you defer this action until we get a feasibility study because thi might not only save the City of Miami millions of dollars a year but the people in the City of Miami who have to pay these bills hundreds of millions and running into the bil- lions over a 30 year deal. You are not giving the people a fair shake and if you don't I can assure you the consequences could be very fatal in the next City election. Mayor Ferre: Thank you, sir. Mr. Ronald C. Harvey. Mr. Ronald C. Harvey: Honorable Mayor, Commissioners, City Manager, City Attorney, I'm Ron Harvey, Executive Vice -President of the Miami -Dade Cham- ber of Commerce. I spoke to you in July in support of renewal of the franchise agreement with Florida Power and Light. The Miami -Dade Chamber still feels that this agreement should be renewed as soon as possible. Florida Power and Light has been very active in contributing to the eco- nomic and community development in the black area. We also feel that the contract would be financially beneficial to the City of Miami. Thank you. Mayor Ferre: Thank you. Mr. Eloy S. Gonzalez. Mr. Eloy B. Gonzalez: My name is Eloy Gonzalez, I'm the Secretary of the Latin Chamber of Commerce. I was here also on July the 29th and the Latin Chamber of Commerce understands that the City Manager and your staff has recommended renewal of the franchise agreement under the terms agreed upon by both sides. While the Latin Chamber of Commerce cannot evaluate the merit of the individual franchise agreement items, the Latin Chamber of Commerce understands that the financial significance of having the fran- chise renewed for the City of Miami, recognizing the excellent service provided by Florida Power and Light and the significant contribution that it makes to this community, the Latin Chamber of Commerce wishes to endorse the recommendation made by the City Manager that we at the Chamber of Com- merce are very proud of their skill, the City Manager's skill and knowledge and make the statement that it would be a disaster for the City of Miami and this community to change for another franchise. So we support 100% to approve the franchise. Thank you very much. Mayor Ferre: Thank you. All right, any other public speakers? Is there a motion, therefore, that the public portion of this public hearing on Item 4 be closed? Mr. Plummer: So move. Mr. Dawkins: Second. Mayor Ferre: Moved and seconded. Further discussion? Call the roll. The preceding motion introduced by Commissioner Plummer and seconded by Commissioner Dawkins was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ASSENT: Vice -Mayor Joe Carollo Mayor Ferre: Now, questions from the members of the Commission or statements? Mr. Dawkins: I have a statement, Mr. Mayor. Mr. Fannatto, like I told you before, I agree wholeheartedly with you and I will tell you again I cannot for the life of me understand why Florida Power and Light can build a nuclear generator, put it on my bill, your bill and the other citizens' bill and when the generator is paid for it becomes the property of Florida Power and 73 SEP 91982 1 A Light and its investors but as I told you before, I didn't do that. This was done by the Public Service Commission in Tallahassee. And any time that you are desirous of going to Tallahassee to argue that point I'm for going with you. That's where we have to attack that. Secondly, as I sit here I have to do what I think is best for the City of Miami. Now, I am deadly against a 30 year contract but that is what the Manager feels was needed for the City of Miami and that's what he is paid for. The third thing I would like to say to you, and I say this with no malace in my heart, but I have yet to see where you and the Homestead Exemption or whoever that group is that you have down there, have ever endorsed any blacks so I don't think I should have any fear of you in the next election, thank you. Mr. Lazarus: Mr. Mayor, I'd like to make a rebuttal. I don't know what the gentleman said, but I also represent the Grey Panthers at this partic- ular meeting. Mayor Ferre: Bernie, Grey Panther, hold on. Mr. Lazarus: This is ridiculous. Mayor Ferre: I realize that we all have our personal opinions.... He mentioned your name, I'll give you 30 seconds on personal priviledge but make it quick and then we're going to vote. Mr. Lazarus: Thank you. A few short months ago Florida Power and Light was given a $257,000,000 increase in their rates. Now they're before the Commission again for $281,000,000 more. One of their executives said that for the next ten years they're going to need four billion, one hundred million dollars and they're going to have to get it from the people. Now, I didn't say that we shouldn't give them a franchise but I say that we need a feasibility study and believe me if we don't get a feasibility study we are going to do something about it. Mr. Dawkins: I apologize to you, it's not Bernie Lazarus, you, it's the other gentleman, Ernie Fannatto, so I apologize. Mr. Lazarus: I'm sorry, I thought that you were...... Mr. Dawkins: No, I apologize. Mr. Lazarus: Thank you. Mr. Perez: Mr. Mayor, could I ask him something? Mayor Ferre: Yes, sir. Mr. Perez: Why the resolution that we approved at the first time that we discussed this issue - you remember that I introduced that resolution that was approved, why it's not part of the record? Mayor Ferre: All right, Mr. City Attorney, you were not, I think sitting as the City Attorney at the time but there was a portion that Commissioner Perez inserted into the record, it wasn't part of the ordinance, as I re- call, it was a motion that was not part of the ordinance, it was a request on your part but it wasn't part of the ordinance. It was apples and oranges, you're talking about green here and this is orange.... It was approved, but it wasn't part of this ordinance. Mr. Perez: Yes, but I want to know, I would like to have included in the public record, not in the contract but as part of the public record. Mayor Ferre: Mr. Manager, would you make sure that Commissioner Perez gets a copy of the resolution that he passed and if there is any question as to what the intent of it was bring it back for discussion so that we can re- view it again? Mr. Gary: Yes, sir. Mayor Ferre: It'snot part of this ordinance as such, but it was part of the record. Let the record reflect that you are by order by this Commis- sion to pursue that. All right, now, are we ready to vote on this thing? Mr. Plummer: Do you want a motion? Mayor Ferre: Yes, sir. SCp 9 99on Mr. Plummer: Mr. Mayor, sometimes we get far afield, I guess too many tunes. My good friend Barney, and I respect him for what he does and the people that he represents, Mr. Mayor, we are not about the business here today of adjusting rates, talking about nuclear generators or any other facet other than that which is before us. That before us is a franchise to Florida Power and Light to use the City right-of-way. That's the only thing that we are speaking to. For the right of using the pub- lic right-of-ways they will pay this City a franchise fee. That is what is before us and, Mr. Mayor, that is what I move in the form of a motion today. Mr. Dawkins: I second. Mayor Ferre: It has been moved by Plummer, seconded by Miller Dawkins, is there further discussion on this item? Mr. Plummer: That is the Black Ready Kilowatt. Mayor Ferro: Further discussion? Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COM- PANY, ITS SUCCESSORS ANS ASSIGNS AN ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO, PROVIDING FOR MONTHLY PAYMENTS TO THE CITY OF MIAMI, AND PROVIDING FOR AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of July 22, was passed on its second reading at the meeting of July 29, and was taken up for its third and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Dawkins, the Ordinance was thereupon given its third and final reading by title and passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Joe Carollo. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9472. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ON ROLL CALL: Mr. Perez: I vote yes, but I would like to explain my position very clear. we don't have any property here to increase the rate or to giving a benefit to the customer. What we are discussing is a contract that we have to dis- cuss in the benefit of the City of Miami and that is why I vote yes. Mayor Ferro: we're now through with Item #4, is there anything else, Mr. Garcia -Pedrosa, that we have to do to legally comply in your opinion, or is this matter now concluded? Mr. Garcia -Pedrosa: No, this is it, Mr. Mayor. .. 75 SEP 91982 31. GRANT REQUEST FOR MATCHING FUNDS: PROMOTIONAL PURPOSES IN THE KMIT FASHION DISTRICT Mayor Ferret We're now on personal items Is Jean Whipple still here? All right, the Chair recognizes Jeal Whipple of the Miami Fashion District Association requesting matching funds for promotional purposes for the Miami Fashion District. Mr. Manager, I'm going to be asking you for your recommendation after she concludes. Can you do it in three min- utes? Ms. Whipple: I'll do it in two minutes. Mr. Plummer: This is something we've already done. Mayor Ferret We have. Mr. Gary: Yes, you've done it. Mr. Plummer: It' just ratifying, that's all it is. I move it. Mr. Dawkins: Second. Mayor Ferret Moved and seconded by Plummer, further discussion? Do you need any clarification of this? Mr. Gary: No. Mayor Ferret Call the roll. The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 82-806 A MOTION GRANTING A REQUEST FOR FL14DS MADE BY G. WHIPPLE, REPRESENTING THE MIAMI FASHION DISTRICT ASSOCIATION AND GRANTING MATCHING FUNDS FOR PROMOTIONAL PURPOSES IN THE MIAMI FASHION DISTRICT. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Joe Carollo. 76 SEP 91982 0 32. GXCIT =2UEST FOR =-I:!BU_°SE!W_;T OF 15V=3: DUEL; OF THE FAYAL POINCIANV: FESTIVAL Mayor Ferre: The next personal appearance is Betty Walder of the City of Miami Committee on Ecology and Beautification regarding reimbursement of funds used for the gifts presented to the queen of the Royal Poinciana Festival and the nine members of her court. Is Ms. Betty Walder here? Mr. Plummer: How much was the money? Mr. Gary: $315.00. Mr. Plummer: I move it. Mr. Dawkins: Second. I don't like it because she spent it without our prior approval but that little bit of money won't make any difference. Mayor Ferre: Further discussion? Call the roll. The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 82-807 A MOTION GRANTING A REQUEST MADE BY THE CITY OF MIAMI COM- MITTEE ON ECOLOGY AND BEAUTIFICATION REGARDING REIMBURSEMENT OF FUNDS WHICH ARE TO BE USED IN CONNECTION WITH THE "QUEEN OF THE ROYAL POINCIANA FIESTA" IN THE AMOUNT OF $315.00. 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. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. Vice -Mayor Joe Carollo 77 S E P 91982 33. PERSONAL APPEARANCE: IMP:2ESEIITATIVE OF H.A.V.E. CENTER HAIRIAN YOUTH PROGRA`! (Ref. to City !tanager). ( R Mayor Ferre: Representatives of the H.A.V.E. Center, Inc. regarding funding in the amount of $25,000 for the Haitian Youth Program. Is there somebody here that represents the Haitian Youth Program, H.A.V.E. Center? All right, sir. Has this item been scrutinized by the administration? Has the adminis- tration looked at this? Mr. Gary: No, sir. Mayor Ferre: Yes, sir, your name and address for the record. Mr. Jacques Despinos: Yes, good afternoon, Mr. Mayor and Commissioners, my name is Mr. Jacques Despinos. Mayor Ferro: All right, Mr. Despinos, in the City of Miami Commission there is a procedure. The procedure is very simple. When you want money from the City of Miami you must go through the administration first otherwise we would have 5,000 people standing where you're standing asking for moneys and there is no way I can give you an answer on this or Miller Dawkins or J. L. Plummer or anybody else. Mr. Manager, you assign the proper people to talk to the program for the Edison Little River Tri-Ethnic, American, Hispanic and Haitian, they've got very fine objectives but we cannot obviously vote on this and would you have someone talk to Mr. Jack Despinos of H.A.V.E. Center and return with a recommendation and if at that time, Mr. Despinos, you wish to address the Commission after you've concluded your discussions and your request for $67,000 or whatever they are, then we will address them at that time. Mr. Plummer: Well, Mr. Mayor, let me, somewhere we're losing something here. The policy of this Commission is that no one is to be placed on an agenda for a personal appearance without first the administration receiving that request. So what I'm trying to say to you is these items shouldn't even be on the agenda, Mr. Gary, if you haven't received the program. He's just received it like we have. What I'm saying is that he should have a copy before this item is put on the agenda. Mr. Dawkins: He has this letter here, the letter we got. Mr. Gary: Mr. Mayor and members of the Commission, the problem is , it is not so much as me not getting the information as me getting adequate informa- tion in terms of back up and that is the problem that I addressed earlier today with regard to the Stuart Sorg issue. Mr. Plummer: We're just doing everything double. Mr. Gary: I understand the City Commission's intent, it will be followed. Mr. Despinos: Okay, I will get together with the City Manager. Mr. Plummier: There is no way that we can discuss it unless we have all the information available. Mayor Ferro: All right, we're now on the next item. 09 SEP 91982 0 0 34. AGREE IN PRINCIPLE: APPLICATIOM FOR FEDE-"tAL FUNDS TO ACQUI:2E LANDS WITHIN BISCAYNE NATIONAL PAR:C. Mayor Ferro: All right, we're now on the next item. Mr. Lazarus. Now we've got the better half of the Lazarus family. Mr. W. R. Lazarus: You always ask me where is my brother, we came together,, today, it's a coincidence. Mayor Ferre: .... You told me yourself that your better is better than you are. Mr. Lazarus: I'm speaking to you in reference to Biscayne National Park. I see Mr. Goode is here, when it was first proposed he was the County Man- ager and he helped us get this through. For you who are not familiar, Bis- cayne National Park encompasses practically all of South Biscayne Bay below Rickenbacker Causeway, the land that is not in the park is protected by the Biscayne Bay Acquatic Preserve Act, a State resolution and what is known as Stiltsville which is the land just below Cape Florida running down to the Ragged Keys, we have everything in the park except some of the islands in the Ragged Keys. The Congress last year passed a law appropriating eight and a half million dollars for the purchase of these private islands known as the Ragged Keys. Unfortunately, it was given to the Department of the Interior to administer and somehow or other they decided to use it for some other purpose and we never got it. Congressman Fascell who has been our great friend on conservation here tells us that we now have an excellent chance to get the money. This is the last appearance before our luncheon tomorrow where the entire project will be explained and all we ask you to do is pass a resolution asking for the balance of the funds to purchase the remaining private lands inside of Biscayne National Park. This money comes from the federal government, it is in funds that have already been allocated for these type of purposes. So all we want from you is a resolution saying that you agree with us and incidentally, we are all invited to the luncheon we're having at the DuPont Plaza, our treat, it doesn't cost anything, tomorrow at noon where Congressman Fascell will go over the whole thing. Mr. Plummer: Say again, now you want this Commission to back.... Mr. Lazarus: Yes, just a back up so that Dante when he goes to Washington will have the unanimous help of everybody, every municipality. Mr. Plummer: I move it. Mr. Dawkins: Second. Mr. Plummer: Any further discussion, call the roll. The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 82-808 A MOTION AGREEING IN PRINCIPLE WITH A REQUEST MADE BY W. R. LAZARUS IN CONNECTION WITH HIS APPLICATION FOR FEDERAL FUND- ING FOR THE ACQUISITION OF THE REMAINING PRIVATELY -OWNED LAND WITHIN THE ESTABLISHED BOUNDARIES OF BISCAYNE NATIONAL PARK. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Dom trio Perez, Jr. Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Joe Carollo. "• 79 5EP 9198Z qb 0 Mr. Lazarus: Thank you, and I wish you would send this resolution to Congressman Fascell's Office and he will take care of it. Mayor Ferre: I really, because we kid around a lot here, but I want to say something publicly now. W. R. Lazarus and Bernie Lazarus, his brother, are two of the most conscientious and hard working and public oriented citizens that we have in this community and both of you are always out there, I've never seen you doing anything for yourselves but you're always out there defending public issues that are very worthy. We joke around a lot around here but I want both you and your brother to know that we really admire and appreciate the time and effort that you take. We don't always agree but wherever we can we do but we do respect you. Mr. Lazarus: Fortunately, I've never had any disagreement with the City of Miami. Mayor Ferre: But your brother does once in a while. 35. APPROVE IN PRINCIPLE: REQUEST FOR ASSIATANCE FOR RETIRED EZIPLOYEES MANAGER TO INVESTIGATE POSSIBLE PAYk1ENT OF INSURANCE PREHIMIS BY THE CITY. Mayor Ferre: Mr. Edward Rawls, President of the City of Miami's Retired City Employees regarding the 1% increase. Mr. Manager, I've got to tell you I'm embarrassed. These people keep coming back here and keep coming back here always on the same issue. .... Now, for the Retired City Employees, yes, sir. Mr. Gary: Mr. Mayor, in response to your statement about them coming and we never address the issue, the first time they came to you was with re- gards to the insurance which we addressed. This is another issue and that is with regard to their pension benefits. Mayor Ferre: I stand corrected, I thought it was the same thing with the is increase on pension checks. Okay, go ahead. Mr. E. K. Rawls: I'm E. K. Rawls, President of the Retired Employees Assoc- iation of the City of Miami. Your honor, I wrote to the City Commission in regards to increase in pay. Every year we have to come back to get it on the agenda and this last year it runs out in October which is a half of a percent of the first $300. That amounts to a dollar and a half a month. So I've put in for 1% which will make three dollars a month. So I also put in for the increase in life insurance which the City took away from us about three years ago. Excuse me a minute, will you, please? Mayor Ferre: Well, Mr. Rawls, this is the thing that Father Gibson used to just have a fit every time this came went on. Mr. Manager, I know it's not your fauIt and it's not anybody's fault here but the fact is that these poor people, and Athalie Range served on the Commission, you know, and we've been going through this. These are Feople, and I don't mean any disrespect for Mr. Reese the City Manager for 13 years, but you know we've let all these people retire on just a pittance in the days when that was all they were to get, and you know, the unfortunate, you know, they're still alive 20 years later, they've got to live, they have a bad habit, it's called eating and the problem is that they just can't make it and I know that we don't have any legal obligation as such but I've got to concur with Father Gibson's sense of indignity that these people have to come down here and beg for these one percents and they have to live on $180 a month or some damned thing like that, it just.... Is there anything we can do now to help these people in their request? Mr. Gary: Mr. Mayor, I sympathize with the problem that is before us now but I must inform you as I guess the hired bad guy that runs City Hall that when we passed this which was 4 years ago we funded it out of the General Fund and we passed it and funded it based on the fact that it would only occur one time. we've done this three or four years. As a result of us doing this, we have been in constant jeopardy of getting our pension system decertified by the state for the mere fact that they consider this a subtre- fuge in terms of us trying to by-pass the proper accounting procedure with regard to the actuarial study for pension purposes. If we include this in 80 SEP s 1982 w % 0 our pension plan it would exceed $1,000,000 per year in addition to $300,000 because of the contribution to the unfunded liability. If we continue this, Mr. Mayor, we will constantly be in jeopardy. If we move it over to the pension plan we're not going to be able to afford it either. We have $300,000 budgeted in the budget for this purpose, it is my recommendation that we continue the $300,000 and no more. Mr. Dawkins: Mr. Manager, as the Mayor said, these are trying times and as a union man, have we ever, the City that is, tried to work out some- thing with the union where those who are working would attempt to pick up a part of the cost and the City pick up a part of the cost? Because we are at a standstill here where something is just not equal. Mr. Gary: Well, one of the reasons that this $300,000 is in..... Mr. Dawkins: And the unions weren't sympathetic? Mr. Gary: No. Mr. Plummer: Well, back when I was more active or active on the board, we tried to get it as a part of the Pension Fund and the employees, not the union, but the employees who sat on that Pension Board at the time were opposed. Now, you know, I cannot disagree with their opposition. Well, you know, Maurice, the problem was that they were going to be faced with 182 million, as I recall at that time, of unfunded liability and they were concerned about their own pension and then, of course, in comes the State and the State says that you can't do it and it wasn't a matter of what we wanted, we did, in fact, we went, it was the only time I knew Father to go in through the back door when he couldn't get in the front as he so much professed the other way but we took it out of the General Fund. You see, your problem, Miller, with Pension, is that you build up that unfunded liability which is like another 30 years and the problem is that if you do it the State is going to mandate that you put those kind of funds in to compensate. Mayor Ferre: Plummer, how many people are involved? What we're talking about is people that retired -nd, thank God, they're still alive but that weren't covered by these modern pension systems.... Mr. Plummer: Let me ask a question. Mr. Rawls, what are you personally drawing a month, sir? Mr. Rawls: Six hundred a month. Mr. Plummer: Six hundred a month. Are you also drawing Social Security? Mr. Rawls: So you're then drawing.... Mr. Rawls: One hundred and sixty-two dollars. Mr. Plummer: So you're getting roughly seven hundred and fifty dollars. See, one of the things that Father tried to address, and I think that he really was able to work upon, we do have some people that I think are making under three hundred dollars. Mr. Rawls: We have 900 that receive less than $600 a month. Mayor Ferro: Nine hundred former employees? It's that much? Mr. Rawls: Yes, sir. Mayor Ferro: That receive less than $600 a month. Mr. Rawls: Yes. Now, we also have 787 who receive less than $300 a month. Mayor Ferro: Seven hundred and eighty-seven. Mr. Plummer: Less than 300. Mayor Ferre: They receive less than $300 a month. Mr. Plummer: What Father's argument was that we're here to help the needy and the needy was those that he was concerned about under the $300 level. Mayor Ferre: That's right, I remember. P 81 _ GN; i 2 Mayor Ferre: And what he did was, as I recall, and that to me was the fairest thing, that any of those under the $300 level would be brought up to $300 but we got into a jam. Then they went to court or there was some ruling by PERC that you can't do that, you have to be uniform, you have to be across the board. Don Teems..... Mayor Ferre: Go ahead, Don. Mr. Don Teems: May I say something, please? I'm Don Teems, I'm President of the Miami Firefighters. You're right about three-quarters of the way, I don't think the unions would ever disagree with bargaining any kind of a pension supplement for retirees, I just don't believe that would ever happen. The problem was coming from the retirees coming before the Com- mission asking for the rate increase, the rate increase was given by the Commission, it was coming back as a one time charge to the pension and the City and it was no benefit to the active employee ever when he got out there. That's what the guy on the Pension Board was saying, he was saying yes, I want the increase but what we need is some kind of an escalator in the pension that's there, you know, when you get out there it's going to be there, you're going to pay for it when you're here but when you get out there it's going to be there for you. I think that was a problem with the Pension Board members at that time versus the retirees. The unions were on the side of the retirees saying, "We've got to get them something." One of the, and the way it was addressed before was based on the first $300 because of what you're saying, Commissioner Plummer, that Father Gibson was saying, that the $300 are the people who have got to have it so the half a percent and the percents were based on the first $300 of the retired income and it was trying to hit that low income person. You're absolutely right though, that the.... Commissioner Dawkins is right, the answer is at the table and for both of us to look at it at the table and understand if you've got to increase your payments, City or employee that we have to do that and carve it in stone, but I do think that there is one way that the City Commission is remiss if they don't reincorporate and that deals with their insurance for the retirees. Several years ago the City used to pay three dollars, and I forgot how many cents, for the retirees' portion of the insurance. Okay? Mr. Plummer: Don, the State says we can't. Mr. Teems: But let me finish, J. L. You can do this on the insurance. The State passed a law and in that law it made it where you could. Okay? So the City said "Look, we're sorry we can't do that, you know, if we can get the law changed we'll do it but right now we can't do that." So we went to Tallahassee, got the law changed back on insurance, not on pension, on insurance. And we got the law changed back so that now you can, I think Mr. Knox said that the last time we were up here talking about insur- ance, that he had made one statement and said it was against the law and then he came back and said no it isn't, that the law was changed and I know that for a fact because I helped put the bill together and lobby it so I know it was passed, that you can. And that might be one way that you can help the retirees other than maybe pension but you could reinstate that three dollars and something per month. Mayor Ferre: What is the cost of that going to be, Howard? Mr. Gary: Well, first of all, when that decision was made at that meeting, this City Commission approved the allocation of $150,000 for insurance purposes. Mayor Ferre: That's right. Mr. Gary: Mr. Mayor, I think it is important to note the consequences of us doing this, and I don't want to make you think this is something light that we should not consider. When we do our financial statement because of the fact that we are coming in the back door on this particular benefit we're going to have an unfunded liability which is going to be negative on our financial statement. Secondly, it could affect the certification of both pension plans. Mayor Ferre: How is that when we're not over -doing it on a yearly basis? Mr. Gary: What they're saying is that something that is temporary that becomes, you know, if it looks like a duck, quacks like a duck, it is a duck and we've been doing it now for three or four years so, therefore, in the State's mind it is permanent. S2 SEP - 919�2 0 0 Mr. Plummer: Nothing more permanent around City Hall than something temporary. Mr. Gary: Now the two pension funds could also be in jeopardy because we may not get our certification for the mere fact that we don't have it through the normal pension system and paying it as though it was a continued benefit on an on -going basis and we're not funding it properly. Mayor Ferre: Howard, is there anyway to cut through all of this? Mr. Gary: There are two things that we can do. I was just talking to the Finance Director in terms of whether or not we can take this money and pay their insurance other than dependents because the law excludes dependents, ' and, therefore, give them some benefits or relief on another end as opposed to the end we've been giving to in terms of their retirement check. Mayor Ferre: Can we do it? Mr. Gary: We will review that matter, Mr. Mayor, and I would ask that the City Commission approve this in principle. Mayor Ferre: In principle, provided that it does no harm to either the certification or our financial statement. Mr. Plummer: I'll move it. Mr. Dawkins: Second. Mayor Ferre: Anything else now? Mr. Rawls? Mr. Teems: I think it is a very fair statement. Mayor Ferre: Okay, are we all set now? Are we ready to vote? Call the roll. The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 82-809 A MOTION APPROVING IN PRINCIPLE A REQUEST FOR ASSISTANCE MADE BY ED K. RAWLS, REPRESENTING THE CITY OF MIAMI RETIRED EMPLOYEES ASSOCIATION AND INSTRUCTING THE CITY MANAGER TO INVESTIGATE THE FEASIBILITY OF THE CITY FUNDING PAYMENT OF INDIVIDUAL INSURANCE PREMIUMS (EXCLUDING DEPENDENTS' COVER- AGE); PROVIDED, HOWEVER, THAT SUCH ACTION DOES NOT CONSTI- TUTE ANY JEOPARDY TO THE CERTIFICATION PROCESS BY THE STATE OR TO THE CITY'S FINANCIAL STATEMENT. 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. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio Perez and Vice -Mayor Carollo. Mr. Gary: Mr. Mayor, I'd like to put on the record that Mr. Teems and I agreed on something. Mr. Teems: Once a year whether we need it or not. Mayor Ferre: All right, Mr. Teems, thanks for being here and helping out. Mr. Rawls, see you next year. • rt SEP 9198Z 0 36. GRANT REQUEST FOA FUNDS: DADE COUNTY REVITALIZATION BOARD WITH PROVISOS. Mr. Ray Goode: Mr. Mayor and members of the Commission, it is my priviledge to serve on a couple of community organizations, both are relatively new. Mr. Mc Cuen will be handling the presentation next for Greater Miami United. I am currently serving as the Chairman of the Dade Community Revitalization Board created by the State Legislature after the riots of 1980. I have asked George Miles who is a member of our board, and who is the Manager for Sears at the Northside Center to just make a brief statement in behalf of the Revitalization Board. Mr. George Miles: Honorable Mayor Ferre and City Commissioners, I need approximately 90 seconds of your time, I have a prepared text. In addition to being employed by Sears I was appointed by the Governor to the Revitaliza- tion Board. Again, my text is: Our black community is experiencing serious difficulties at the present time in maintaining an acceptable base as well as exhibiting high rates of unemployment and low levels of personal income. It is clear that there is great potential for economic development in these areas and that efforts by public and private entities working with neigh- borhood groups and individuals will produce significant changes in the lives of the people living in these neighborhoods. There can be no doubt that new businesses, new jobs and better access to appropriate services will have a very positive affect on our community. The Dade Community Revitalization Board has had an extremely good working relationship with the City since the 1980 Civil Disturbances. Together we have moved several programs for- ward. You have been represented by the City Manager in an ex-officio cap- acity. The Dade Community Revitalization Board has received notice that this funding by the State for the coming year will be cut by 50%. This is a drastic reduction for the Revitalization Board and will not provide enough funding for some of our existing projects. It is the feeling of the Board that now more than ever our efforts should be continued and we're asking that this Commission be sensitive to the drastic cuts imposed upon the Dade Community Revitalization Board through the influence of the northern legis- lators. Specifically, we're using this opportunity to request an alloca- tion of $33,000 to assist the Revitalization Board in pursuing its goals. we have discussed this item with our City Manager and per his suggestion and recommendation, we are presenting this request to you today. I would like to take this time to thank you for your time, attention and your sup- port. Are there any questions? Mayor Ferro: All right, Mr. Manager, are you ready to react to the request for $33,0007 Mr. Gary: Mr. Mayor, I totally support this request subject, however, on the condition that the other two-thirds as demonstrated or as written in the letter from Mr. Ray Goode come from Dade County and the School Board. I think it is important to note that efforts made by this organization to date has been tremendous under insurmountable odds in view of the fact that the Liberty City area is probably the worst area in terms of economic development and other social ills not only within Dade County but probably within the country. I think the efforts that Dade County as well as Mr. Ray Goode himself personally and Babcock have put into this effort and their commitment continuously not only in terms of revitalization and in terms of their time but also money, that we need to begin to support this effort so I support it 100%. Mr. Plummer: In spite of Mr. Ray Goode I move it. Mr. Perez: I second. Mayor Ferro: Further discussion? Call the roll. SEP 91982 11 0 The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 82-810 A MOTION GRANTING A REQUEST FOR FUNDS MADE BY THE CHAIRMAN OF THE DADE COUNTY REVITALIZATION BOARD; FURTHER INSTRUCTING THE CITY MANAGER TO ALLOCATE AN AMOUNT OF NOT TO EXCEED $33,000, SUBJECT TO SAID BOARD OBTAINING THE OTHER TWO THIRDS OF THEIR REQUESTED CONTRIBUTION FROM (a) METROPOLITAN DADE COUNTY, AND FROM (b) THE DADE COUNTY SCHOOL BOARD. 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. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins and Vice -Mayor Joe Carollo. 37. GRANT REQUEST FOR FUNDS: GREATER MIAMI UNITED, INC. WITH PROVISOS. Mayor Ferre: All right, Mr. Mc Ewen of Greater Miami United. Mr. Plummer: You're getting to be a regular down here. Mr. Richard Mc Ewen: Commissioners, well, I hope I don't have to but I tell you I enjoy being with this group. Mayor Ferre: Things at Burdines must be just fine, you can afford to come down here and spend a couple of hours with us. Mr. Plummer: Just think, you could get on this other side of the table and make all of $5,000 and give up that Burdines. Mr. Mc Ewen: I'm willing to sacrifice but there's a limit. I'm one of the three co-chairmen of Greater Miami United, Dr. Padron is not here, he is away, Ms. Athalie Range is here, a Commissioner originally that you all know and Charlie Johnson is here from Greater Miami United. I presume you have this article in front of you so I'm not going to go down through it. But I did want to tell you that this was a group of people brought out of the tri-ethnic population of Miami by the private enterprise basically and we were founded by them and funded by them initially. Our task was to antici- pate the community problems and provide accurate information on what was happening in the community and facilitate constructive solutions to problems where we thought it was necessary to have a tri-ethnic voice. And we've done a pretty good job of that, we were the first group in this area to go before the State Legislature and establish single district members as being represented by the private enterprise group as being good for the community. We have testified before the boards of the Federal Board of immigration and Natural- ization and International Law on the refugee laws. We were the first group to get into the Krome Avenue Camp situation and get the Immigration and Naturalization Service to award several million dollars to upgrade the camp so that it was a liveable facility. We were the group that helped the INS develop the release program for the Haitians that was announced one week before judge Spellman came out with his program. We just completed a study on the impact of New Federalism in this community, on what it is doing in the form of lack of funds to the many social agencies, it is written up extensively in this morning's paper. We also interestingly enough with the group who did the background work and probably made the final impres- sion with the Federal Government that got this community $31,000,000 Impact Funds when I traveled to Washington with members of our staff and the County, so we have been fairly effective. It is a big task, funds are needed to do the job and we have approached the United Way to receive $35,000, we are going before the Metro Commission tonight for $35,000, the private enter- prise has already this year given $37,000 toward it, we are going to go SEP 9192 to other cities in Dade and ask for funds and we're here today to ask the City of Miami to contribute $25,000 toward the operation of Greater Miami United. Much of what we do actually becomes resource work for the City and the County as we complete our task and are able to give you good evaluations of what the real problems are in the community and what the tri-ethnic community thinks the solution should be. So we are here today to ask the City to include $25,000 in its budget in the next fiscal year to support Greater Miami United. Mayor Ferre: Mr. Manager, has the administration had the opportunity to review this? Mr. Gary: Well, we talk about review, I'm on both of those boards as your hired hand.... Mr. Plummer: Hired gun. Mr. Gary: Hired gun, Okay. I'd like to say that I view this operation a little differently than I view the revitalization efforts in that the fun- ctions of this body is a county -wide function and I feel that the City's contribution should be a little less than $25,000 in view of the fact that I think that Coral Gables, Homestead, Miami Beach begin to pick up their fair share.... Mayor Ferre: Well, Metropolitan Dade County is supposed to represent Homestead but by proportion. See, as I recall it, what Mr. Mc Ewen said was that he is requesting it, Greater United is requesting $25,000... Mr. Mc Ewen: 35 from the County and 25 from the City. Mayor Ferre: 35 from the County and 25 from the City and, you know, you have heard my rabbit burger story, you know, where the judge says you're selling rabbit burgers and he says, your honor, it is a 50-50 deal. He says, well, what do you mean? He says, well, I get one rabbit and one cow. Well, we happen to be the rabbit and Dade County is the cow and I don't know whether the 25-35 is quite fair and I would recommend perhaps that you might ask them for 40 and us for 20 or something like that and I think even that is a little bit.... Mr. Gary: Well, that's my point. Mr. Plummer: Mr. Mayor, I think it is only fair that they come back here after they have been to the County and let's discuss it then. Mayor Ferre: Let's not do that to them, J. L. Look, Dick Mc Ewen and the other people that are involved in this are very busy conscientious well-meaning citizens doing a hell of a good job for this community and I think in the Haitian issues and other issues they've shown a tremendous leadership, they have taken it, they have gone up front on these things, they've had courage, they've impacted the conscience of this community, we shouldn't make them come back here and I think as far as I'm concerned, Mr. Manager, I'd like your recommendation, I'm ready to vote on it today, one way or the other we can decide what is fair or what isn't. What is your recommendation? Mr. Gary: I recommend $15,000. Mayor Ferre: All right, I would like to make a motion, Mr. Plummer, that the City of Miami give Greater United $20,000 on the basis that they re- ceive no less than 35 and hopefully $40,000 from Metropolitan Dade County and I so move. Mr. Perez: I second. Mr. Dawkins: If they receive less than 35 what would be our share? Mr. Plummer: They don't get the money here. Mayor Ferre: If they don't get 35 from the County then they don't get anything from us, then they've got to come back to us. Mr. Plummer: There is a second by Commissioner Perez. Under discussion, Mr. Mayor, my only concern, if you give them this money you will completely stifle any initiative to go after those other cities. Now I'ia not talking about the County, I'm talking about as Howard said, Coral Gables, South Miami, El Portal. You see, that's wh I said if they come back here and §6 SEP 91982 0 0 we can wrap it up for them at the end. Look, I'm not going to argue, I'm just.... Mayor Ferre: J. L., you and I know that the City of E1 Portal with all 38 citizens that live there and their budget of $312 is going to give you 2 cents. Mr. Plummer: Well, that's two more than they have been giving. Mayor Ferre: They're not going to give you anything. You might have a chance of getting something out of Hialeah, I doubt it, you might have a chance of getting something from Miami Beach, I doubt that too. Mr. Plummer: The reason why is because all of those cities say go to the City of Miami, they've got a bottomless pit. Okay? Mr. Mc Ewen, look, I'm going to vote for you but I'm just saying it is high time, it is past time that some of these other cities realize that they've got an obligation, that the City of Coral Gables can no longer continue to push all their prob- lems over across Dixie Highway and say that's apart of Coral Gables, that Miami Beach can no longer push their problems across the causeway and say hey, that's on the mainland side. It is true, the only place that people go for funding are the City of Miami, Metro and maybe one other that per- tains to their particular locale. Howard Neu, my good friend, my dear friend was here today, the City of North Miami. Do you know how much they give out in Charity? Ha, ha. Mayor Ferre: None. Mr. Plummer: You know, and all I'm saying is I think every one of the 27 of the municipalities should have the right to refuse. Mr. Mc Ewen: I would like to say that I agree with you. We have in here $25,000 from other cities, hopefully we'll get 50 out of them before we're done. Mr. Plummer: Well, may I make a suggestion to you, sir, after you get this motion passed here? That whether it is you or someone else of your organization, petition the Dade League of Cities which is the council for all of the cities and make your pitch there and then make individual pitches before the different municipalities. Mr. Mc Ewen: That's a good point. Mayor Ferre: Mr. Chairman, I call the question. Mr. Plummer: You're out of order. Call the question. The following motion was introduced by Mayor Ferre who moved its adoption: MOTION NO. 82-811 A MOTION GRANTING A REQUEST FOR FUNDS MADE BY MESSRS. RAY GOODE AND RICHARD W. McEWEN, REPRESENTING "GREATER MIAMI UNITED, INC."; FURTHER INSTRUCTING THE CITY MANAGER TO ALLOCATE AN AMOUNT OF NOT TO EXCEED $20,000 ON THE CONDI- TION THAT SAID GROUP OBTAIN AN ALLOCATION OF NOT LESS THAN $35,000 FROM METROPOLITAN DARE COUNTY. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Joe Carollo 8'7 SEP 91982 t 38. BELIEF DISCUSSION ITEM: BRIOMLLBANC. Mayor Ferre: Yes, Janet. Ms. Janet Cooper: If you're done with that issue, I need to address the Commission for a brief moment. Mayor Ferre: On this issue? Ms. Cooper: No, on another issue. Mayor Ferre: No ma'am, we have an agenda series and we're going to follow it and then I'll take you up later. Ms. Cooper: It's just a matter of timing. I've been here since 9 O'Clock this morning. Mayor Ferre: So have I. Ms. Cooper: I know you have, sir. And I have another obligation that I have to be at at 5:30. Mayor Ferre: When can you come back? Ms. Cooper: I can't come back until after 9 O'Clock tonight. I can come back next Commission Meeting. Mayor Ferre: Are you on the agenda here? Ms. Cooper: No, I had requested to be on the agenda about Brickellbanc but I was informed by Mr. Gary that it was not his policy to allow that issue on the agenda. Mayor Ferre: Mr. Gary? Mr. Gary: There are two reasons why she was not on the agenda, the first is the fact that the State Attorney had an investigation on -going with regard to Brickellbanc and we requested of the State Attorney's Office whether or not a discussion of this issue would compromise her activities. Unfortunately, we haven't received a response from the State Attorney's Office as of yet to that fact. Secondly, it was my intention to insure that the City Commission was adequately as a result of your inquiry prior to our speaking on this item. Mayor Ferre: Janet, I'm going to let you speak, not now because I think it is unfair, to other people that have been waiting and I've told David Block, he has been sitting here all afternoon and he wanted to go on earlier and I said, David, I can't do that. It is unfair. Ms. Cooper: Mr. Mayor, all I'm asking you is that you not hear the item today so that everyone will have the opportunity to have it heard when it is on the agenda and prepared. Mayor Ferre: I cannot assure you that the City Attorney has a memorandum that he is going to release and I can't assure you that there won't be discussion on this. And so I can't, just because you happen to have a con- flict at 5:30, assure you that this won't come up for discussion or for action. I will not bring it up for action but I cannot speak for anybody else but myself and I can't impose my will on somebody else on this Com- mission. Ms. Cooper: All right, may I ask from each of the Commissioners to have this put over? Mayor Ferre: How about Joe Carollo who is not here and may walk in any moment. Ms. Cooper: I think he would be abstaining in any event on this issue. 88 SEP 91982 Mayor Ferre: Okay, I mean that's a fair question and if anybody wants to address it, that's their right. I will address it to you personally, I will not bring up any action, I'm not going to tell you that I won't bring up any discussion once I get that memorandum. Ms. Cooper: And if you have discussion amongst the Commission and staff will you at least not allow discussion from the audience in the event there are any members present from Brickellbanc? Mayor Ferre: Hey, there's no public hearing here, it is not my intention to do any of that but I can't guarantee you that somebody on this Com- mission won't want to discuss this. Ms. Cooper: Okay, well, I would appreciate it because..... Mr. Plummer: Let me ask a question now, because somewhere I'm losing. You've seen a memo from the City Attorney, the City Attorney says he has a memo, I haven't seen it. Mayor Ferre: I have not seen it. I asked him where is his memorandum and he says it is being finished and he will be ready to distribute it sometime as soon as he is finished it, I have not seen it. Mr. Dawkins: I may call the rule of 5 because I haven't seen it. Mayor Ferre: I haven't either. Mr. Dawkins: I'm going to invoke the rule 5. Ms. Cooper: I would appreciate that so that we would have an oppor- tunity..... Mr. Dawkins: I've been telling you I'm tired of getting things up here. Like the Mayor said, I've been here since 9 O'clock and if the City At- torney had a memo it should have been in here at 9 O'clock. Mayor Ferre: Look, for the third time, the man does not have a memo, he told me as I walked by........... Mr. Plummer: Wait a minute, the man just sat here and told me himself he had a memo. Mayor Ferre: Let me finish my statement, please. Mr. Plummer: What the hell is this? I can understand English. Mayor Ferre: Mr. Plummer, out of courtesy to me would you let me fin- ish my statement? My statement again is, was and is the City Attorney said, "I am finalizing a memorandum, when it is finished I will distri- bute it." I have not received, I do not have, I have not seen, I have not discussed with the City Attorney today any memorandum other than the statement that he made to me as I passed by 15 minutes ago. Now that is what I said and that is what I meant. Please don't change words and put words into my mouth. Mr. Plummer: The man has said to me that he does have a memo pertaining to this and that's what I'm asking for. Mayor Ferre: Okay, that's fine but I mean I don't like the implications that I have a memorandum that the rest of this Commission does not have and I do not. Mr. Plummer: Your statement stood on its own that you knew that the City Attorney had a memo, that statements stands on its own. Mayor Ferre: The City Attorney said he is preparing a memo. I didn't say he had a memo. Mr. Plummer: Well, as far as I'm concerned he's got until the 23rd to distribute it anyhow. Mayor Ferre: Now, Janet, does that clear up the issue? 89 SEP 919E2 Ms. Janet Cooper: I think so. Then three members of the Commission have said that they would not bring it up for action or even discussion and I appreciate it. Mayor Ferre: I said Janet, that I will not bring it up for action. It may be discussed. Ms. Janet Cooper: Well, I would again, reiterate my request that it not be if it's at all possible. Thank you. 39. GRANT REQUEST FOR CLOSURE OF STREETS: BANYAN FESTIVAL OCTOBER 23, 24, 1982 Mayor Ferre: We are now on Item 13, Joe Bardinella, Chairman of the Banyan Festival requesting street closure for Fuller Street. Mr. Joe Avalos: Mr. Mayor, I'm not Joe Bardinella was called out of town. I'm Joe Avalos, a member of the Board of Directors of the Coconut Grove Chamber of Commerce. Mayor Ferre: Joe, have you asked the Manager or the Administration? Is there a recommendation, Mr. Manager. Mr. Gary: Mr. Mayor, I would recommend that the City Commission authorize the closing of the street subject to the Manager reveiwing the item with the Police Department with regard to the details for safety and security. Mayor Ferre: As we have done in the past. Mr. Plummer: So, move. Mayor Ferre: Plummer moves. Mr. Perez: Second. Mayor Ferre: Perez seconds, further discussion, call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 82-812 A MOTION GRANTING A REQUEST MADE BY A REPRESENTATIVE OF THE -BANYAN FESTIVAL FOR CLOSURE OF FULLER STREET AND POSSIBLY COMMODORE PLAZA ON OCTOBER 23, 24, 1982; SUBJECT TO THE APPROVAL OF THE POLICE DEPARTMENT. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None 90 SEP 9 ING AB 9M, Vice -Mayor Joe Carollo. 0 0 NOTE FOR THE RECORD: PERSONS SCHEDULED IN AGENDA ITEMS 14, 15, 16 DID NOT APPEAR AGENDA ITEMS 17 & 18 WERE WITHDRAWN 40. GRANT REQUEST FOR IN -KIND SERVICES: GREAT COCONUT GROVE BICYCLE RACE Mayor Ferre: 19, Mr. Joe Avalos, Race Director of the Greater Coconut Grove Bicycle Race, in -kind services for said race on October 6th. Mr. Joe Avalos: Yes, sir we are running the usual five days of events this year and in the past the City has seen fit to provide on duty police officers to help us reduce the expenses in that area. Mayor Ferre: How many police officers are involved, Mr. Avalos? iMr. Avalos: We are asking for two on duty police officers from nine to noon Wednesday, Thursday and Friday. Mayor Ferre: Have we provided these officers in the past? Mr. Avalos: Yes, sir. Mayor Ferre: For how many years? Mr. Avalos: Not last year, but the two years previous. Mayor Ferre: Why didn't we do it last year? Mr. Avalos: Last year we were in a big hurry when we were discussing the matter and the Commission saw fit to give me P.S.A.'s and they unfortunately were not able... they don't fit into the particular format that we use particular on a Saturday race. Mayor Ferre: Did you have any problems? Mr. Avalos: No, sir. Mayor Ferre: Why do you want police officers on... Mr. Avalos: Well, we have to have them for traffic control because we close various streets and the City of Miami Police Department insist that we do have certain policemen. Mr. Gary: Mr. Mayor, we recommend supporting this event, but with the Police Chief deciding whether P.S.A.'s or police officers will be used and the number. Mayor Ferre: And how many P.S.A.'s? Mr. Gary: He will also decide that too. Mayor Ferre: Alright, do you need a motion on this? Mr. Plummer: I move it. Mayor Ferre: Alright, Plummer moves, seconded by Dawkins, further discussion, call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption. MOTION NO. 82-813 A MOTION GRANTING A REQUEST MADE BY A REPRESENTATIVE OF THE GREAT COCONUT GROVE BICYCLE RACE FOR IN -KIND SERVICES, SPECIFICALLY, TWO POLICE OFFICERS, TO BE USED FOR TRAFFIC CONTROL IN CONNECTION WITH THE AFORESAID EVENT WHICH IS TO 91 SEP 9 Igor. gl BE HELD OCTOBER 6-10, 1982; ON THE CONDITION THAT IT SHALL BE UP TO THE CHIEF OF POLICE TO DETERMINE WHETHER SWORN POLICE OFFICERS OR PSA'S WILL BE ASSIGNED. 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. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Joe Carollo FURTHER DISCUSSION: Mr. Avalos: Yes, I just want to mention one other thing. We are adding an event on Saturday which will be a criterion or a closed course race with a start/finish line in front of your front door out here in the City Hall. The course will go through the backside of Dinner Key out 27th Avenue up Bayshore Drive and down Pan American Drive. Any of you that would like to attend, we would love to have you. 41. DISCUSSION ITEM: COLLEGIUM GROUP URGING ORANGE BOWL STAYING IN THE CITY LIMITS Mayor Ferre: 21 is Dr. German Munoz, of the Collegium Group concerning the Orange Bowl Stadium. Mr. Luis Ayala: Dr. Munoz is not here today. He had to leave. My name is Luis Ayala. I'm a representative of the Collegium. The Collegium is a multi -cultural non-profit organization which is mainly composed by university students, senior citizens, businessmen and professors of Dade County. Our main goal is to protect the interest of the individual in our community. If I may, I would like to read this resolution to you. (AT THIS POINT MR. AYALA READS THE RESOLUTION INTO THE RECORD). Therefore, the Executive Board of the Collegium recommends that any new sports stadium built or reconstructed remains within the City of Miami. For part one, tourist revenues up to two million per year. Right now I would like to have another colleague of mine from the Collegium speak to you. UNIDENTIFIED SPEAKER: Hello, Honorable Commissioners,... Mayor Ferre: I wonder if I might save a little bit of time for you and for us, by informing you that we have already taken a position similar to what you have and so therefore, we have said that if Metropolitan Dade County does not put this item for a vote on the November 2nd ballot and if they do put it and it is defeated, then the City of Miami will put it on the ballot by December 14th for the purposes of revamping the Orange Bowl which is what you have been requesting. UNIDENTIFIED SPEAKER: Yes, but we not only want the stadium... we want to be sure that the stadium is within the City of Miami. I mean, how many jobs will we get if the stadium is built in Lake Lucerne. I mean, how many Cubans and Black Americans are in Liberty City and Little Havana waiting for a job and they cannot get one. if they move the stadium up there how many people will be able to travel up there just to get a... Mayor Ferre: Well, I think you are going to have your wish, ok. UNIDENTIFIED SPEAKER: Ok, let's hope so. Thank you. ql - 92 S E P 91982 Mayor Ferre: Thank you. Mr. Ayala: Mayor Ferre? Mayor Ferre: Yes, sir. Mr. Ayala: I would like to thank Commissioner Perez, Commissioner Dawkins and yourself which yourself has made one of the very finest influence here in Dade County. Mayor Ferre: Thank you, thank you, sir. Thank you very much. 42. GRANT REQUEST FOR FUNDS: MIAMI RIVER FESTIVAL - 5 YEAR RIVER CLEAN-UP PROGRAM Mayor Ferre: Alright, we are now on Item #22, which is the Miami River Festival regarding its funding on their September 12th event. Block. Mr. David Block: Mayor Ferre and members of the Commission, I'm... Mayor Ferre: Wait a minute, we only got two members David, so we can't even get your resolution. Oh, no here is J. L., I'm sorry. Alright, go ahead you got three. Mr. Davide Block: By the way, the reason I wanted to get to this item early is because I'm on the Blue Ribbon Committee appointed by the Governor and the Cabinet and the only member of the Committee that's looking after the City of Miami's interest and without pay. Mayor Ferre: To do what? Mr. Block: On the Blue Ribbon Committee. The... representing... it's involved with state wide marina policy, submerged land policy. They will be setting lease fees, which includes lease fees for Dinner Key. Mayor Ferre: You are the only one from this community on that board? Mr. Block: I'm the only one sympathetic to the City of Miami. Mayor Ferre: Ok. Mr. Block: I'm Chairman of the Miami River Revival and several members of the Miami River Revival Committee have been here today. Dick Briggs is here with me. He is the Executive Director of the Marine Council. Marilyn Reed is on the Committee. She is an environmentalist. I notice Richard Mc uen was just here who is on the Committee. The Committee represents a broad cross section of the community, environmentalists, businessmen, developers, community leaders and including yourselves and our goal is to revitalize the Miami River, including cleaning up derelict vessels. We are going... The City is assisting us tomorrow as a matter of fact in removing a derelict vessel. We want as members of the City of Miami and the marine coamlunity, we want to voluntarily begin the clean up process to encourage parks, more parks on the River, to encourage the City of Miami police boat to patrol the River for pollution. The kick off event is the clean up tomorrow, followed by the boat parade on Sunday. There will be a water taxi demonstration by the Quayside water taxi going from the Hyatt to the Sheraton River House indicating that water transportation from Downtown to the Airport is feasible now. Mayor Ferre: I will tell you what, I may give Plummer an alternative since I know he can't do too well in bicycles and may be I will challenge him to a canoe race. Mr. Block: He can enter the canoe race. Mayor Ferre: Ok, what is it you want from us Mr. Block? 93 SEP 91982 gl Mr. Block: We need ten thousand dollars to begin our five year program to begin our funding. We have fifteen thousand dollars from the local community, the marine community and also the hotels on the River. Mr. Plummer: So, move. Mayor Ferre: Is there a second? Mr. Perez: I second. Let me ask you something. What is the idea that you have to have an attraction as the San Antonio Line or is bring industry to the River? Mr. Block: I was in San Antonio about a month ago and they have a River there that's two feet deep and about as wide as this chamber that's one of the major attractions in the Southwest with a beautiful river walk and restaurants and so forth. Our River is potentially is much prettier and much more exciting with big freighters and yachts and so forth. We want to do that to the Miami River and finally we have got the whole community ready to begin to do something actively. Mayor Ferre: Alright, Mr. Block, let me make sure now. We have a motion and a second. Let me make sure we understand this. In the first place, the request for ten thousand dollars is based on the fact that you are going to have a contribution that will be no less than fifteen thousand dollars cash, not in -kind from the local business community. And number two, that what we are talking about is the Miami River in Miami, not in Hialeah, not in you know, in Miami Springs. We are talking about the Miami River in Miami. Mr. Block: That's correct, sir. Mayor Ferre: And that where the border stops that's where funds or the use of the funds stop. Mr. Block: That's correct. Mr. Gary: Mr. Mayor? Mayor Ferre: Yes, sir. Mr. Gary: Do you want the City Manager to give you an opinion on this one as it did on others? Mr. Plummer: Not especially. Mayor Ferre: You noticed that one of the members of the Commission moved very quickly before I asked the usual question and it was very quickly seconded and I'm ready to vote on it, but if you insist on giving an opinion... Mr. Dawkins: The only thing I would like to add is that every year you clean up the River and every year you go back you got to reclean it. Now, what can we do to police the area to see that the freighters that come up there do not pump the bilges, that they do not flush the toilets into the River, that they do not dump the garbage in the River and that they don't pollute the River. Now, because if you don't irregardless of what your efforts are now next year this time we will have the same situation. Mr. Block: On the Fisher Island Ferry which will leave the Miami Marina at 1 O'clock on Sunday will not only be yourselves hopefully, but Elton Gissendanner who is head of the Department of Natural Resources... Mr. Dawkins: Thanks to the Governor. _ Mr. Block: Thanks to the Governor and the Marine Patrol is under the D.N.R. and we are getting the Marine Patrol actively involved in policing State and Federal Laws. They can enforce Federal Laws. The Coast Guard is involved. The Coast Guard cutter is going to go up the River so that they can begin to enforce Federal Pollution Laws up the River and hopefully the City of Miami will have a boat that works that can go up the River and the City of Miami Police has been actively involved in our Committee. So, Sergeant Wesby who is head of the Marine Patrol for the City is actively involved in our Committee. As a matter of fact his boat was going to be in the boat parade and it broke down. 94 SEP 91982 gl 0 Mayor Ferre: Alright, David we got to move along now. So, I need to tell you your letter is confusing, it says at a brief ceremony at 2:30 with Governor Graham, is it at the Florida Yacht Basin or at Curtiss Park? Mr. Block: Well, the freighter is the largest boat ever to go up the River. It's forty-seven feet wide. It will dock at Florida Yacht, but the Governor and yourself, hopefully will speak to both the general public and Curtiss Park and the Yachtsmen tied up at Florida Yacht. It will actually be from the middle of the River because it's forty-seven feet wide from the ferry. Mayor Ferre: Look, I think the point I needed to make to you is that I have to be at a function at 3 O'clock and therefore, I have got to leave at 2:30, 2:35. So, I will be there at 2 O'clock and I'm just going to go to Curtiss Park. Is that the place to go? Mr. Block: We would prefer that you go up the River in the ferry. The ferry will arrive before 2:30. There will be a bus there or another... Mayor Ferre: Would you just answer a simple question, where and what time? Mr. Block: The ferry will be a Miamarina 1 O'clock. It will leave about 1:15 from Miamarina. It will arrive about 2:15 at Florida Yacht, you will make the speech and you can get off the boat there and proceed to your... Mayor Ferre: I will try to make it, if not I will see you at the Florida Marine at 2:15. Mr. Plummer: I think we need to appoint Mayor Ferre as head of the ferry and go on the ferry... Mr. Block: We will get you to your event Mr. Mayor. Mayor Ferre: Yes, sir, thank you very much. Further discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 82-814 A MOTION GRANTING A REQUEST MADE BY MR. DAVID BLOCK, REPRESENTING THE "MIAMI RIVER FESTIVAL" AND FURTHER INSTRUCTING THE CITY MANAGER TO ALLOCATE AN AMOUNT OF NOT TO EXCEED $10,000 TO ENABLE SAID ORGANIZATION TO BEGIN A 5-YEAR RIVER CLEAN-UP PROGRAM, CONDITIONED UPON THIS ORGANIZATION RAISING AN AMOUNT OF NOT LESS THAN $15,000 FROM THE LOCAL BUSINESS COMMUNITY. 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. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Joe Carollo. NOTE FOR THE RECORD: ITEM 23 WAS WITHDRAWN PERSON SCHEDULED ON ITEM 24 DID NOT APPEAR ITEMS 25 a 26 WERE WITHDRAWN 95 SEP 91982 91 • ! ' r 43. GRANT REQUEST FOR ADDITIONAL FUNDS: UNITED WAY KICK OFF FUNCTION BAYFRONT PARK AUDITORIUM Mayor Ferre: The United Way Campaign. Representatives of the United Way. This Item 27, kick off function on September 14th. Mr. Gary: Mr. Mayor, they are going to need a decision on this. Mayor Ferre: What? Mr. Gary: They are going to need a decision on this. i — I Mr. Dawkins: Ok, well, the decision is that we gave them ten thousand dollars and each one of our employees has contributed, let them pay for it. i Mayor Ferre: Where is the kick off function going to be? What do they want a waiver? Mr. Gary: We polled the Commission, this is a ratification. We already polled you and you agreed to this. Mr. Dawkins: Well, I'm disagreeing now. I'm disagreeing now. I will just be one in the disagreement, but I just got... you got three to one. Mr. Gary: I think you were one of the three votes. Mr. Dawkins: One of the three. Then you really have a problem. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mr. Dawkins: We gave them ten thousand dollars, now, and he thanked you so graciously in the letter. Each one of the City of Miami employees contributed to the United Way. Mayor Ferre: Well, where is this and how much is it... Mr. Gary: It's going to be at the Bayfront Park Auditorium. Mayor Ferre: Bayfront Park. Is this the kick off? Mr. Plummer: How much? Mayor Ferre: Are you moving it Plummer? Mr. Plummer: No. Mr. Odio: Four thousand. Mayor Ferre: How much? Mr. Odio: Four thousand. Mayor Ferre: Four thousand. Well, let me ask you a question, will they pay for cleaning up?, for the police officers? and for the electrical expense? Mr. Odio: Yes. Mayor Ferre: I move it. Mr. Plummer: There is a motion made, is there a second? Mayor Ferre: This is for the United Way. Mr. Plummer: Is there a second? Mr. Perez: I second it. 96 � is SEP & gl _ r , V I 0 0 Mr. Plummer: Is there any further discussion? Mr. Gary: The check is gone. Mr. Plummer: Call the roll, the motion has failed, it's a two to two vote. ON ROLL CALL: t Mr. Plummer: Let me put it on the record, alright. On the record Mr. Mayor I happen to agree that we have done our fair share. Now, what really bothers me is, is the fact that we have supposedly made a commitment and not living up to the commitment, that bothers me. I got to tell you that, ok. I want to tell you, I am going to let them get away with it this time, but I'm going tti go ahead and vote "yes" to give it to them and I want it fully understood the reason I'm doing it is to live up to our commitment that supposedly was made. The following motion was introduced by Commissioner Ferre, who moved its adoption: MOTION NO. 82-815 A MOTION GRANTING AN ADDITIONAL REQUEST FOR FUNDS MADE BY THE "UNITED WAY CAMPAIGN" GROUP; FURTHER INSTRUCTING THE CITY MANAGER TO ALLOCATE AN AMOUNT OF NOT TO EXCEED $4,000 TO OFF -SET THE COSTS ASSOCIATED WITH THE "UNITED WAY KICK-OFF FUNCTION", WHICH IS TO BE HELD ON SEPTEMBER 14, 1982 AT BAYFRONT PARK AUDITORIUM. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Demetrio Perez, Jr. Mayor Maurice A. Ferre NOES: Commissioner Miller J. Dawkins ABSENT: Vice -Mayor Joe Carollo 44. EXTEND PERIOD FOR RENEWAL: BURGLAR ALARM PERMITS Mayor Ferre: Mr. Manager, are there any other issues that you can identifv that are people issues that we have citizens waiting on at this time? Mr. Plummer: Mr. Mayor, I don't have a citizens issue, but I got to bring this issue up. It's a quick one, I hope. Mr. Manager, I have talked with members of the Police Department, not as a Commissioner, but as a citizen who owns a burglar alarm. I received in the mail today a letter which was addressed in August stating that if I don't get my renewal fee in by the 30th of September which is ten days, I will be put on a no response alarm. I am aware that half of the letters haven't even gone out as of today. I am told it will take Commission action to extend the no response for non renewal and I will so Mr. Mayor make a motion at this time that, that be granted an additional thirty days before that becomes effective. Mayor Ferre: Now, what's that again, J. L.? You are going to motion for thirty days... Mr. Plummer: Maurice, it is to... they have had a goof up in the burglar alarm mail outs, ok. I would offer that in the form of a motion be extended to November 1, 1982. Mayor Ferre: Alright, is there a second to the motion? Commissioner Perez seconds, further discussion, call the roll. 91 91"4 SEP 91982 i � t 0 0 The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 82-816 A MOTION EXTENDING THE DEADLINE FOR RENEWAL OF BURGLARY ALARM PERMITS TO NOVEMBER 1, 1982. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Demetrio Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Joe Carollo FURTHER DISCUSSION: Mr. Plummer: Mr. Mayor, I would ask that you designate me to meet with the proper authorities. There are some real problems in this renewal form and if Mr. Gary has no problems I would like to work with the Police Department on this form. Mayor Ferret You are appointed as a Committee of one to work with... _ 45. SECOND READING ORDINANCE: AMEND SEC. 31-48 OF CODE -OCCUPATIONAL LICENSES TO PROVIDE FOR TAXING OF BOXING AND WRESTLING PROMOTERS includes: APPOINTMENTS TO BOXING/WRESTLING BOARD Mayor Ferret 37, ok. Mr. Plummer: Wait a minute. Al are we taking the Boxing Board appointments today? Mr. Al. Goodman: Yes, that's what I thought. Mr. Plummer: Are they on the agenda? Mr. Gary: No. Mr. Plummer: Why? Mr. Al. Goodman: They said that it was going to be the last time. So, I thought it was going to be brought up under this ordinance 37, because that was a second reading. Mayor Ferret I told you "no" this morning Al when you asked me that. I said I couldn't guarantee you that it wouldn't happen, but I don't know... Mr. Al. Goodman: Oh, I didn't say that, no. Mr. Mayor, we have an event coming up very shortly as you know. We have no Boxing Comission meeting. So, I think that there should b no reason why it shouldn't be brought up today now while I'm here. The last time you said that it was going to be on the agenda today. So,... Mr. Plummer: Can you have a championship fight without a Boxing Board? Mr. Gary: No. Mr. Al. Goodman: I think that... I don't think that, that would be very good for you to do... Mr. Dawkins: You could have it, but it probably wouldn't have no legitimacy. Mr. Al Goodman: ...have it without a Boxing Board, I mean, a board has got to be the one to regular the fWight. That's the problem that you have. gl Mayor Ferre: Alright, ladies and gentlemen, the issue before us on Item 37 is an ordinance on second reading that would create as I see it taxes charged by occupational license. Is that what you are here on? Al Goodman: Mr. Mayor, no. Mayor Ferre: I didn't think so. Al Goodman: No, I am here on that, yes, also. That was the rules that we put through the last time that was given to this Commission from the Boxing Board and I think you have already read it and this was on the second time and the appointment of the Commission was suppose to be on it at the same time. Mayor Ferre: Alright, now, can we talk to the item that's before us now, which is Item 37 on the occupational license for the boxing and wrestling match promoters. Mr. Gary: We are going to have a fight about it. Mayor Ferre: Is there a fight on that? Mr. Plummer, do you want to move Item 377 Mr. Plummer: Well, it's in accordance with State Law as I understand it. So, I move it. Mayor Ferre: Mr. Dawkins, do you want to second it? Item 37 has now been moved and seconded, would you read the ordinance? Mr. Plummer: Somebody read 37. Mayor Ferre: Would you read the ordinance please on Item 377 Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 31-48 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING CERTAIN TAXES CHARGED FOR OCCUPATIONAL LICENSES WHICH ARE LEVIED AT A GRADUATED OR PER UNIT RATE; FURTHER PROVIDING FOR THE TAXING OF BOXING AND WRESTLING MATCH PROMOTERS WHETHER OR NOT REGULATED BY THE CITY CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of July 22, 1982-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. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Joe Carollo. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9476. 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. gl 99 SEP 91982 0 0 FURTHER DISCUSSION: Mayor Ferre: Now, with regards to the appointment to a Boxing Board. Mr. P11"mser, you had some comments on that. Mr. Plummer: Mr. Mayor, the only thing I would like to ask is that each... we make it a board of eleven, that each Commissioner have two appointments and the Mayor have three. Mayor Ferre: That's fine. Mr. Al. Goodman: I think that would be a good board. Mayor Ferre: Alright, now, you want to make that into a motion? Mr. Plummer: If you wish, I will be happy to, sir. Mr. Dawkins: second. Mayor Ferre: Further discussion, call the roll. Mayor Ferre: Make your appointments Plummer. Mr. Plummer: Mr. Mayor, I nominate for appointment to the Boxing Board Mr. Al Goodman and Mr. Gene Marks. Mayor Ferre: Make your appointments. Mr. Dawkins: Mr. Mayor, I appoint Mr. Jeffrey Watson of 1150 Northwest 47th Terrace and Mr. George Sands of 3120 Elizabeth Street, Coconut Grove. Mayor Ferre: What was the name of the first one? Mr. Dawkins: Jeffrey Watson. Mayor Ferre: Watson. Alright, Commissioner Perez, do you have your appointments? Mr. Perez: Yes. Mayor Ferre: And Nestor are you around? Mr. Dawkins: The attorney is trying to say something, Mr. Mayor. Mayor Ferre: Yes, sir, I'm sorry. Mr. Jose Garcia Pedrosa: Mr. Mayor, I'm sorry, the ordinance provides for a five member board. Mr. Plummer: And we changed it by motion just now. Mayor Ferre: And we are just changing it. So, you do the ordinance over again. Mr. Plummer: You redo it. gl ; -10o SEP 91982 r Mayor Ferre: In the meantime you are going to have a board appointed for a change. Al, you want to help Nestor make up the list for my two or three or whatever it is? Demetrio, you got your appointments? Mr. Perez: Yes, I have... you want the names? Mayor Ferre: Sure. Mr. Perez: Orlando Sanchez,... Mayor Ferre: Orlando Sanchez,... Mr. Perez: I will give you the other one in an hour. Mayor Ferre: Ok. Orlando Sanchez is one, you've got another one in an ., hour and I will appoint mine when Nestor gets down and discuss it. We need to redo the ordinance, Mr. City Attorney to provide for an eleven member board, rather than a five member board. UNIDENTIFIED SPEAKER: I think that would be a lot better, because we will have a lot more cooperation and a lot more people showing up for the meetings So, I think that's very clever. Mayor Ferre: Good. Mr. Perez: Let me ask you something, Mr. Mayor, did we approve in the last two or three meetings something that the Commission will be able to replace a board member at any time? (COMMENTS INAUDIBLE, NOT SPEAKING INTO THE MIKE) Mayor Ferre: Speak up. (COMMENTS INAUDIBLE, NOT SPEAKING INTO THE MIKE) Mayor Ferre: Alright, Walter, is there anything else on this now? Ok. Alright, Mr. Turkell, we are going to wait until Dan Paul gets here. He asked me to... He asked for a specific time. I told him 6 o'clock. So, out of courtesy to him, let's wait until he gets here and then we will take up this item. Alright, now... Mr. Plummer: Alright, well, suppose I make a motion incorporating the appointments to the Boxing Board an eleven member board, three to be added by you one by Demetrio and two by Commissioner Carollo. Mayor Ferre: Do it anyway you want. Mr. Plummer: I so move. Mr. Dawkins: Second. Mayor Ferre: Moved and seconded, further discussion, call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: gl MOTION NO. 82-817 A MOTION STIPULATING THE STRUCTURE OF THE CITY OF MIAMI WRESTLING AND BOXING BOARD, DECLARING THAT SAID BOARD SHALL CONSIST OF ELEVEN (11) MEMBERS, TWO TO BE APPOINTED BY EACH COMMISSIONER AND THREE TO BE APPOINTED BY THE MAYOR; AND FURTHER APPOINTING THE FOLLOWING INDIVIDUALS TO SAID BOARD: MAYOR FERRE: 1. DR. JOSE RODRIGUEZ ACOSTA 2. ARMANDO MERINO 3. (one appointment pending to be made) COMMISSIONER PEREZ: 1. OPJJU= SANCHEZ 2. (one appointment pending to be made) COMMISSIONER CAROLLO: 1. ARMANDO GALVAN 2. SANTIAGO VILLAZON COMMISSIONER J. L. PLUMMER; 1. AL GOODMAN 2. GENE MARKS COMMISSIONER M. DAWKINS: 1. JEFFREY WATSON 2. GEORGE SANDS � 101 SET 91982 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. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Joe Carollo. Mr. Plummer: You will so notify, Mr. Clerk, those members that they have been appointed. 46. BRIEF DISCUSSION: REORGANIZATION OF CITIZEN PARTICIPATION PLAN Mr. Dawkins: While he is doing that Mr. Mayor, may I take a personal privilege... Mayor Ferre: Yes, sir. Mr. Dawkins: ... and have Mr. Calhoun come to the mike. I have been telling the Commission that the people in the Model Cities area were not satisfied with the reorganization of the CD component of citizen participation and I would just like for him to spend five minutes telling the Commission the things that I already know as to why they were dissatisfied... Mayor Ferre: Alright, Mr. Calhoun. Mr. Willie Calhoun: Good evening Mr. Mayor and Commissioners, ladies and gentlemen. Mr. Dawkins: Give your name please, Mr. Calhoun. Mr. Calhoun: My name is Willie Calhoun. I live at 1090 Northwest 53rd Street, Miami, which is in the Model Cities area. I am also Chairman of your Model Cities Community Development Board. Mr. Dawkins: That was dissolved. Mr. Calhoun: Yes. At the last meeting that you formally held we advised your staff at that time at our disagreement at begin dissolved as a board for three major reasons. Number one, is that we have three major redevelopment plans going on in the Model Cities area. We have the Charles Hadley Park, which was a million dollar project. We have the King Heights redevelopment plan which you have implemented and in this plan it calls for, I think on page 78, it calls for a group of local citizens to oversee the implementation of this plan and we at this turn couldn't see and staff recommendation of a city wide board where there would be anyone capable at that time organized and to oversee the implementation of this plan in the package that is presented. We at that time gave staff some alternatives as far as recommending an adhoc committee from the area, if not that, then maybe the board as it was structured could consider still participating in the process, if they had to do their own mailing or their own contacts, these things was presented to your staff at that meeting. As I was understanding at that time that staff would, from the minutes, send you inserts or send you a letter advising you of these arrangements. I was notified a day ago that staff did not do this. Their reason was because of the cost and that staff did not want to present to you our views because they were contrary to the views that staff had. They in turn refused to do this even after we recommended that we would undertake the cost of mailing if the cost was too much for staff to bear. We have another group that was involved 102 gl SEP 919" and attended our meeting is the ACORN group and it seems as if the only assistant we would begin to get in this matter is with the assistance of our ACORN. And to refer you back to your King Heights redevelopment plan as of July of 1982 that you adopted on page 78. If you would have someone refer back to it you will see that even staff at this time recommended that the board as structured be continued and they gave the reasons that it would be needed to continue to check the implementation of certain items in this plan. Mayor Ferre: Miller, what do you want to do on this. Mr. Dawkins: Ok, thank you. I just... nothing. I just wanted him to get it into the records and... because all we are going to do is get into a discussion that we don't need. I'm aware. Thank you, Mr. Calhoun. Mr. Calhoun: Thank you very much. 47. APPOINTMENTS TO BOARD OF DIRECTORS OF DOWNTOWN DEVELOPMENT AUTHORITY Mayor Ferre: Alright, Mr. Manager, let's take up this item on the DDA now and the reappointment of the appointment Bill Klein,... Mr. Plummer: I move Item 71. Mayor Ferre: Ok. The recommendations are Bill Klein for reappointment... who is the other guy? Amando Codina and Eli Feinberg. Alright, there is a motion on the floor, is there a second? (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) Mayor Ferre: This is Armando Codina in the place of... what's the name of the... Alberto Vadia was on the... you know, was the Cuban member and now Armando Codina is the recommended member. Bill Klein has been there and this is the reappointment of Bill Klein. The other person was Eli Feinberg who you know. Mr. Dawkins: Ok, the only thing... my only concern is that there is a spot reserved for a Black. Mayor Ferre: Oh, yes, sir. You have my assurance on that on the record. Mr. Dawkins: I second. Mayor Ferre: Further discussion,... and I wish you would get involve and help us solve that problem... Alright, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-818 A RESOLUTION REAPPOINTING WILLIAM KLEIN AND APPOINTING ARMANDO CODINA AND ELI FEINBERG TO EA CS SERVE AS MEMBERS OF THE BOARD OF DIRECTORS OF THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI FOR TERMS EXPIRING JUNE 30, 1986. (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: '103 SEP 919o2 AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. Vice -Mayor Joe Carollo 48. DISCUSSION & TEMP. DEFERRAL: INCREASE APPROPRIATIONS TO CONVENTION CENTER (See Label 85) Mayor Ferre: Take up Item #29. Mr. Gary: Mr. Mayor, this is a request for an appropriation increase for the James L. Knight Conference Center. Mayor Ferre: Sir, may I stop you? May I stop you? Mr. Gary: Yes, sir. Mayor Ferre: Mr. Manager, I don't want to get into an argument with you. I see Tony Pajares is here, ok. There is an arguement going on between this administration and I wanted to let Mr. Plummer know this. Mr. Plummer, Rose Gordon were the authors of this whole thing, ok. You just did the same thing inadvertently. It is not the James L. Knight Convention Center. It is the City of Miami's Convention Center. Now, Mr. Knight does not own it and it's named after him, but it's the City of Miami's Convention Center. Now, I would like to tell you where the problem comes. I received from the Department of Conventions or whatever it's called a letter for me to sign to the American Institute of Ultrasonics in medicine. Ok, Mr. Pajares you are the author of the letter or Kay Hollander or somebody was. And in it there it is, you know, coupled with our new James L. Knight International Center. When my office received it, they called up and they said don't you know the name of it is the City of Miami's. Oh, no, we have been instructed to call it the James L. Knight Center. Mr. Tony Pajares which happens to be here and others. Now, this Commission has gone on record on at least that I can remember two occasions specifically instructing the administrations not to call it the James Knight Center. That's not the name of the center. It's called the City of Miami/University of Miami James L. Knight International Convention and Conference Center. Also ... Now, the simple... if you want to short cut it. The short cut is City of Miami's International Center. Is that correct? No. What's it called Bob. Mr. Clark: It's the City of Miami/University of Miami James L. Knight International Center. And we have all agreed early on that, that would be the name. We spent many hours. Mayor Ferre: But is there a short version of it? Mr. Grimm: Yes, Miami Convention Center. That's the sign we put on the building Mr. Mayor. Mayor Ferre: Mr. Manager? Mr. Plummer: Wait a minute, wait a minute, don't conclude because I'm sending to all of you a copy of the Hyatt Hotel's ads. It doesn't even mention the City of Miami and they are a part of it. Mayor Ferre: What does it say? Mr. Plummer: The Knight Convention Center as I recall. The ad doesn't even give credit to the City of Miami. gl .104 SEP 91992 Mayor Ferre: Well, ok, that's another issue. Mr. Plummer: Oh, yes. Mayor Ferre: But Mr. Manager, we will deal with Hyatt next time, but today we can deal with the administration. Would you please instruct Mr. Tony Pajares and his boss and Mr. Hofineister and Aida Levitan and Charlotte Gallogly and everybody else who is... and Vince Grimm and I don't know who else, Bob Clark, J. L. Plummer, everybody around here that the name of this is... What is is again, Vince? Mr. Plummer: Miami Convention Center. Mayor Ferre: Miami Convention Center. Mr. Grimm: That's the short term, yes. Mayor Ferre: Ok, that's the short... Now, if you want to use the long version of it, it is the City of Miami -University of Miami James L. Knight International Center, ok. Now, you... Cesar, is that clear now? Ok. Please Tony don't send me anymore letters about the James L. Knight International Center. I don't know what that is. Mr. Plummer: Oh, I hope he does send them to you that way and then he can go to them for funding. Mayor Ferre: Alright, now we are on Item 29 about the... what is it again? Miami... Mr. Gary: Miami Convention Center. Mayor Ferre: Miami Convention Center. Mr. Gary: By the way it was right on the agenda. Mayor Ferre: Yes, it is right on the agenda. I wasn't talking about that you referred to it as the James L. Knight Center. Mr. Gary: I like him. Mr. Mayor, we are requesting and I will let Vince Grimm explain the details of what we are requesting, an increase in appropriation for the James L. Knight Center as stipulated in the memorandum. But I would like to clarify up front that what has been recommended does not include the Miro Statue and at this time I would like Mr. Vince Grimm to explain the details of what we are requesting. Mr. Grimm: I think that's the important thing to call to your attention Mr. Mayor. we hope that this is the last time we have to come to the Commission for money to finish this project. We are asking for an additional 2.7 million dollars. 1.3 from funds that we have already available for the Downtown People Mover which are not necessary immediately and 1.4 plus from funds that are... have already been appropriated for capital improvement as of 1981 but not spent. In other words we may have appropriated a hundred thousand dollars for a job and we had twenty left over. Mayor Ferre: Vince, are you recommending this? Mr. Grimm: Yes, sir. But please now keep in mind, Mr. Mayor, because of your letter to the Manager before, if you want the Miro Statue you have to provide not 2.7, but 3.3 million dollars. Mayor Ferre: Look, this Commission in it's majority and I forget... I think you didn't vote with us on that, but I think... and I don't know whether you did or not J. L. and I don't have the other two members of the Commission. Mr. Grimm: But we have a problem right now, because this is an emergency ordinance and there is only three of you here. Mr. Plummer: Demetrio is still in the building. Mr. Grimm: Ok, but we have got to get him back for a vote. gl . lot AEP 91982 Mayor Ferre: Alright, well, whenever he gets back we will vote on this one. We got to wait for Joe so I can get a third vote on the other one, because I intend to pass that on that statue. That man is going to die one of these days and we are going to miss an opportunity that we are not going to ever have again. Mr. Plummer: That's what, a million dollars for the statue? Mr. Grimm- Six hundred thousand dollars. Mayor Ferre: No, six hundred thousand dollars, everything included and it's worth twice that. As a matter of fact it may not be a bad idea to get it and then sell it. Ok. Huh? Alright, but we don't have the fourth vote anyway, so we got to wait. We will then take up the next one. As soon as I get Demetrio back here we will do that. 49. SECOND READING ORDINANCE: AMEND SEC 19 OF CODE - REPEAL BULK STORAGE OF LIQUIFIED GASES ETC. Mayor Ferre: How about 38, can we do that one? Fire protection. Mr. Gary: Yes, that's second reading. That's on... Mayor Ferre: And that's not controversal is it? Mr. Gary: No, it's just regulation by the Fire Department of... Mr. Plummer: Move it. Mayor Ferre: Plummer moves Item 38. Mr. Dawkins: Second. Mayor Ferre: Dawkins seconds, read the ordinance. Call the roll. Ali ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTIONS 19-9, 19-438 AND 19-442 OF CHAPTER 19, ENTITLED "FIRE PROTECTION," OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, IN THE FOLLOWING RESPECTS: BY REPEAL OF SECTION 19-9 , "BULK STORAGE OF LIQUEFIED PETROLEUM GASES; BY ADDING TO SECTION 19-438, "DEFINITIONS," THE NEW TERMS OF "DISTRIBUTING PLANT" AND "DISTRIBUTING POINT"; BY REPEAL OF SECTION 19-442, "LOCATION OF CONTAINERS AND LIMITS," AND SUBSTITUTING A NEW SECTION 19-422 TO PROVIDE FOR THE ESTABLISHMENT OF LIQUEFIED PETROLEUM GAS STORAGE AND DISTRIBUTION FACILITIES AND HANDLING; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of July 22, 1982 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 Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. vice -Mayor Joe Carollo. 91 106 SEP 91982 0 , THE ORDINANCE WAS DESIGNATED ORDINANCE No. 9477 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. 50. 1ST & SECOND READING ORDINANCE: NEW T. &.A. FUND LEISURE SERVICES - SPECIAL ACTIVITIES Mayor Ferre: How about 39, can we do that on first and second reading with. three members? Mr. Gary: Yes. It's merely an accounting procedure. Mayor Ferre: Ok. Alright, this is a non -controversial item. Leisure Services special activities. Mr. Plummer: Move it. Mayor Ferre: Plummer moves. Mr. Dawkins: Second. Mayor Ferre: Dawkins seconds, read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE REPEALING THE FOLLOWING ORDI- NANCES: NO. 9247, ADOPTED MAY 8, 1981, ESTAB- LISHING A TRUST AND AGENCY FUND ENTITLED "LEISURE SERVICES -SPECIAL ACTIVITIES"= NO. 8817, ADOPTED DUNE 22, 1978, ESTABLISHING THE TRUST AND AGENCY FUND ENTITLED "SENIOR ADULT SPECIAL RECREATION CLASSES"; AND NO. 8887, ADOPTED JANUARYIB, 1978, ESTABLISHING THE TRUST AND AGENCY FUND ENTITLED "CHILDREN'S CREATIVE EXPERIENCE"; FURTHER, ESTABLISHING A NEW TRUST AND AGENCY FUND ENTITLED "RECREATION ACTIVITY" FOR IMPLEMENTATION IN FISCAL YEAR 1982-83, WITH THE APPROPRIATION THEREFOR OF $50,000 IN REVENUES RESULTING FROM ALL EXISTING FUND BALANCES IN THE ABOVE THREE TRUST AND AGENCY FUNDS, TOGETHER WITH ALL FUNDS COLLECTED FROM PROGRAM PARTICIPANT FEES, FOR THE PURPOSE OF PROVIDING A UNIFIED SPECIALIZED RECREATION PRO- GRAM ACCOUNTING SYSTEMi CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND DISPENS- ING WITH THE REQUIREMENT OF READING SAME ON TWO SEPARATE SAYS BY A VOTE OF NOT LESS THAN FOUR - FIFTHS OF THE MEMBERS OF THE COMMISSION. } Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins for adoption pursuant to Section 4, Paragraph (f) of the City Charter, f dispensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the Commission - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Joe Carollo. 1W SEP 91982 gl Whereupon the Commission, on motion of Commissioner Plummer and seconded by Commissioner Dawkins, adopted said ordinance by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice Mayor Joe Carollo. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9478 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and copies were available to the public. i 51. EMERGENCY ORDINANCE: ESTABLISH GUSMAN CULTURAL CENTER/OLYMPIA BLDG. RENOVATION AS CAPITAL IMPROVEMENT PROJECT Mayor Ferre: How about 30, is that a problem? Mr. Gary: No, sir, this is... this action has already been taken in terms of the emergency renovation to the roof of Gusman Cultural Center and we just need to appropriate the money now. Mayor Ferre: Is there a motion? Is there a motion? Mr. Perez: I move. Mayor Ferre: Moved by Commissioner Perez, is there a second? Mr. Dawkins: Second. Mayor Ferre: Seconded by Dawkins, read the ordinance. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 9353, ADOPTED NOVEMBER 19, 1981, THE CITY`S CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE FOR FISCAL YEAR 1981-82; AS AMENDED; BY APPROPRIATING AN AMOUNT OF $75,000 AS A LOAN FROM THE CAPITAL IMPROVEMENT FUND FY 1981 FUND BALANCE TO ESTABLISH GUSMAN CULTURAL CENTER/OLYMPIA BUILDING RENOVATION (ITEM IX.C.(ii)13.) AS A PROJECT IN THE CAPITAL IMPROVEMENT FUND; AND BY INCREASING APPROPRIATIONS FOR THE FOLLOWING GENERAL OBLIGATION (G.O.) BOND FUNDS FROM RE- SPECTIVE FUND BALANCES AND ANTICIPATED BOND SALES IN THE FOLLOWING AMOUNTS TO RECORD AND ESTABLISH AS NEW PROJECTS THE FOLLOWING FY 182 INDIRECT COST ALLOCATIONS: 1970.POLLUTION CONTROL AND INCINERATOR FACILITIES G.O. BOND FUND (ITEM I.), $30,300; 1970 AND 1980 HIGHWAY G.O. BOND FUND (ITEM II.) $31,600; 1976 FIRE FIGHTING, FIRE PREVENTION AND RESCUE FACILITIES G.O. BOND FUND (ITEM $31,800 FROM ANTICIPATED BOND SALES; 1975, 1976, AND 1980 SANITARY SEWER G.O. BOND FUND (ITEM IV.), $30,600; 1970 AND 1978 STOPJ1 SEWER G.O. BOND FUND (ITEM V.), $30,600p 1972 PARK AND RECREATIONAL FACILITIES G.O. BOND FUND (ITEM VI.), $31,600; AND, 1970 POLICE HEADOUARTERS AND CRUSE PREVENTION FACILITIES G.O. BOND FUND (ITEM VIM.) , $30,600; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND DISPENSING WITH THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF S�• NOT LESS THAN FOUR-FIFT,J('�i�Q�' THE MEMBERS OF THE MMMISS ION . j, IN , -��' i �i! `�- gl 0 Was introduced by Commissioner Perez and seconded by Commissioner Dawkins, 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 Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Joe Carollo. Whereupon the Commission on motion of Commissioner Perez and seconded by Commissioner Dawkins, adopted said ordinance by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Joe Carollo. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9479 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. 52. EMERGENCY ORDINANCE: INCREASE APPROPRIATION TO DEPARTMENT OF ECONOMIC DEVELOPMENT Mayor Ferre: Take up 31, Mr. Manager. Mr. Gary: This is merely a correction of the budget appropriation as a result of the separation of the department of Trade and Commerce into two departments. Mayor Ferre: Is there a motion? Mr. Plummer: Move it. Mayor Ferre: Plummer moves, is there a second? Mr. Dawkins: Second. Mayor Ferre: Dawkins seconds, further discussion, read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 9321 ADOPTED SEPTEMBER 24, 1981, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1982, AS AMENDED, BY DECREASING THE APPROPRIATIONS FOR THE DEPARTMENT OF INTERNATIONAL TRADE PROMOTION IN THE AMOUNT OF $22,000 AND BY INCREASING THE APPROPRIATION FOR THE DEPARTMENT OF ECONOMIC DEVELOPMENT IN THE SAME AMOUNT FOR THE PURPOSE OF FUNDING THE OPERATIONS OF THE LATTER DEPARTMENT FROM JUNE 28 THROUGH SEPTEM- BER 30, 1982; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins, 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- 91 SEP 91982 AYES: Commissioner Miller J. Dawkins C-i issioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ASSENT: Vice -Mayor Joe Carollo. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Dawkins, adopted said ordinance by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ASSENT: Vice -Mayor Joe Carollo. SAID ORDINANCE WAS DESIGNATED ORDINANCE N0. 9480 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. 53. EMERGENCY ORDINANCE: APPROPRIATE $9,938,406 FEDERAL REVENUE SHARING FOR FY 1982 Mr. Gary: Mr. Mayor, Item 32 is merely an accounting procedure required by the Federal Government and State Government. Mayor Ferre: Is there a motion? Mr. Plummer: Say that again. Mr. Gary: It's merely an accounting procedure... Mayor Ferre: It's a revenue sharing. We get the money from the Federal Government and what this does it appropriates. Mr. Gary: And we got to put it in a special fund. Just putting it in a special funds. Mr. Perez: I move. Mayor Ferre: Demetrio Perez moves, is there a second? Mr. Dawkins: Second. Mayor Ferre: Seconded by Dawkins, further discussion, read the ordinance. Mr. Plummer: Hold on under discussion. You do have here as part of the backup material of how this money is going to be delegated. Mr. Gary: This is a requirement according to the local Fiscal Accounting Act which is Revenue Sharing that says that the City of Miami and any other city must determine how it's going to spend it's monies. It's merely an accounting procedure so that they can say so much money was spent on public safety, so much was... Mr. Plummer: Well, but what I'm saying is I want it clearly understood that you know, at this particular point as I look at this thing, I'm in no way... Miller, have you looked at this thing? How this money is being delegated out. gl SEP 91982 110 - Mr. Gary: First of all, let me... this is for this current year Commissioner. Mr. Plummer: I understand. Mr. Gary: Secondly, the money goes into a general pot, the general fund, everything but social services and merely in terms of technicality we have to say in essence how much of it goes to Police, how much goes to Fire when it goes basically in the total general fund pot. Mr. Plummer: I understand, but let me tell you what you are doing, what you have done to us before and I told you last year and the year before the next time you brought this thing up as an emergency I wasn't going to vote for it. You've known about this action needed for over six months that this had to _ be done and now to bring it up as an emergency matter is ridiculous. Mayor Ferre: What's the difference J. L. Mr. Gary: This is the first time we have brought this kind of item up. Mr. Plummer: You bring it up every year. Mr. Gary: No, sir. Mr. Plummer: Every year you do it. You bring it on an emergency basis. Now, let me tell you what my fear is, ok, you know and I know Maurice, that the demand is going to be made upon this Commission this year under social services are going to bigger, better, louder than we ever heard in our life and they get worse every year. Now, what you are doing here and I want you to understand that I see it, you are locking yourselves in that you set a cap before you have even heard the applications. There is one million five dollars or one million five thousand a hundred thirty-eight. I don't know what's in that figure yet. Mr. Gary: Mr. Mayor? Mayor Ferre: I understand it differently. I understand that the City of Miami in the future if it wishes this Commission can change that figure, is that correct? Mr. Gary: No, Mr. Mayor, this is the appropriation for the fiscal year we are in right now. Mayor Ferre: Which ends in twenty days. Mr. Gary: Which ends September 30th of this year. This is what you have allocated to social service programs. This is not the 1983 budget figure Commissioner. If you will look at your cover memo... Mayor Ferre: For the fiscal year 1982. Mr. Gary: ... it says federal revenue sharing for fiscal year 1982. It's for the current year. Mayor Ferre: Is there further discussion on this, read the ordinance please. Mr. Perez: Mr. Manager, what is the total amount of the federal revenue? Mr. Plummer: Nine million nine hundred thirty-eight thousand four zero six. Mr. Gary: 9.9 million dollars. Mayor Ferre: For last year. Mr. Perez: No, for next year. Mr. Gary: For next year it's going to be approximately 8.9 million or 9 million dollars approximately. Mr. Perez: Ok, can we use a part of this federal revenue for housing? Mr. Gary: Commissioner, you can't use it for housing and this is not the time to bring it up because we are not talking about that part of the money for next, that's during the budget process. Mayor Ferre: Yes, but the question is valid and the answer is that the ll SEP 9190ro gl federal regulations on revenue sharing strictly prohibits any of this money to be used for housing. Is that correct? Dena Spillman? Mr. Gary: No, no. That's CD you are thinking about, for federal revenue sharing, no. Mayor Ferre: Oh, this is... there is a difference between the CD regulations rnd the federal revenue sharing? Mr. Gary: Right. Mayor Ferre: I stand... I'm sorry. Mr. Dawkins: Along the lines of what J. L. said after looking at this in the next years budget since everybody is yelling and screaming to use that tax dollars for police work, I would like to if you get that move some of this police... the money you got allocated for the Police Department into social services. Mayor Ferre: That's something we will be dealing with when we deal with the budget very soon. Mr. Plummer: Ok, well, let's understand and I'm going to move it so I can incorporate the motion. Mayor Ferre: It's already been moved and seconded. You can amend it. Mr. Dawkins: I withdraw my motion. Mayor Ferre: You can amend it. Mr. Plummer: We approve Item 33 with the full and complete understanding that anytime the majority of this Commission wishes it can alter. Mayor Ferre: Plummer, for the fourth time. You are voting on something that was for last year that is ended in twenty days. Mr. Dawkins: He may want to change his mind in twenty days, that's all he is saying. Mr. Plummer: And let me remind you, Mr. Mayor... Mayor Ferre: Retroactively you cannot change your mind, the year is over in twenty days. Mr. Plummer: Mr. Mayor, let me... Mayor Ferre: This is for the year that is now eleven months and nine days into the year. We are about to finish the year we are going to vote on. What are we arguing about. Mr. Plummer: Mr. Mayor, we had a very good friend who got indicted in the last seventy-two hours for three hundred fifty thousand dollars he had to spend or lose. That was in the last three days. Now, my motion and my addition to the motion is not out of line. We only are reserving the right to change our minds. Mayor Ferre: Ok, is that legal Mr. City Attorney. Mr. Pedrosa: I'm sorry Mr. Mayor. Mayor Ferre: We got a question is... look, this is Item 32 and not 33. The question on Item 32 is the appropriation of nine million nine hundred thirty- eight for the fiscal year ending in twenty days, ok, 1982. The question simply is whether or not we can vote on this with qualifications that we can change our mind? Change our mind for what? You know, I understand Plummer putting that into next year's budget, but that's not before us, that's not what we are voting on. Mr. Pedrosa: Sir, my concern would be that you are also declaring an emergency and if you leave something open that sort of contradicts that notion. Mayor Ferre: Look, the question simply is this, Plummer wants to put a rider that he can change his mind. It doesn't really mean anything because we are not going to meet until the 23rd, at that point hs is goinha p� seven days to change his mind. 112 SO � 19� 14 A f 0 0 Mayor Ferre (Cont'nd) I am just saying to Commissioner Plummer that he hold that and reserve that clause for the budget year that we are dealing with now, and not to insert it and confuse the issue in this particular item. I will vote with you on the other one. I think it makes sense if it is legal. Mr. Garcia -Pedrosa: It is legal. Mayor Ferre: Is is legal or not? Mr. Plummer: Research the issue and bring it back at the next meeting. Mayor Ferre: Howard, do you need this, or are you going to be in trouble with Washington? Mr. Gary: Yes, we have got to get this up to Washington, as you said before, so it is the current fiscal year. It does not cast anything in stone with regards to next year's appropriation. Mayor Ferre: Hey, look, unless I hear otherwise, we are Just wasting time here. Demetrio Perez made the motion. Miller Dawkins seconded. Read the dams ordinance and call the roll, please. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE APPROPRIATING $9,938,406 INTO A SPECIAL REVENUE FUND ENTITLED: "FEDERAL REVENUE SHARING" FOR FISCAL YEAR 1982; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Perez and seconded by Commissioner Dawkins 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 Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Vice -Mayor Joe Carollo Whereupon the Commission on motion of Commissioner Perez and seconded by Commissioner Dawkins, adopted said ordinance by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Vice -Mayor Joe Carollo SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9481 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ON ROLL FIRST ROLL CALL: Mr. Plummer: I am going to vote "yes", but I want to revisit it at the next meeting. i 54. EMERGEVCY ORDTVANCE: IldCREASE APPROPRIATION FOR GW-1 AL FUND -LAW DEPAP.71MIT $51,000. Mayor Ferre: Take up Item No. 33 - "Amending section 1, the annual appropriations ordinance...", what is this about, Howard? Mr. Manager? Mr. Gary: Well, it would be more appropriately responded to by the Law Depart- ment, but basically, it is an adjustment to their budget, based on some addi- tional items that they want. Mr. Dawkins: But, didn't you guys tell me, when he moved and all, that it wouldn't be no extra cost? Mayor Ferre: What is this for, Jose? Mr. Garcia -Pedrosa: Mr. Mayor, this does not relate to the move. Mayor Ferre: What does it relate to? Mr. Garcia -Pedrosa: Primarily, sir, we discovered. a short -fall in the total compensation line and fringe benefits, and that really is the bulk of what this is. Mayor Ferre: Compensation for what? Mr. Garcia -Pedrosa: Total compensation for all the personnel in the depart- ment. When I came on board, we discovered that there was a short -fall. Mr. Gary: Well, let me... Mr. Dawkins: Now wait, run that by me again. Are you saying that you did not give any raises, or you did not do anything that would cause this short -fall? You are saying that when you arrived, that this short -fall was there. Mr. Gary: No, that is not the case. The way it is, Commissioner, and Mayor, is that we have the employment of an additional depuV-q rer aeryJ's "lusd8apriPdated are some other ancilary needs of the Law Department 8 To furniture and also need for dictating equipment, but the majority of it is for an additional deputy attorney, who is Ms. Lucia Allen. Mayor Ferre: Okay, I get it. Mr. Plummer: I move it. Mayor Ferre: Plummer moves. Is there a second? Mr. Perez, Second, yes. Mayor Ferre: Further discussion? Do you have a problem, Miller? It is an emergency and you only have three votes now, Mr. Garcia -Pedrosa. So, either you convince Mr. Miller Dawkins of it, or we have to vote on it as a ... Mr. Garcia -Pedrosa; Mayor, the problem I am having is, that there was a short -fall on compensation of $29,000 when I came on board. The figure that you have before you, if it is $51,000, would correspond exactly to what the City Manager has reported. I think there is another... there must be another ordinance covering that short -fall, but that would be $48,000 salary and $3,000 car allowance for that additional deputy. Mayor Ferre: Okay, there is a motion made and a second. Further discussion? Read the ordinance. -114 ld SEP 91992 j AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTIONS 1 AND 5 OF ORDINANCE NO. 9321, ADOPTED SEPTEMBER 24, 1981, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1982, AS AMENDED, BY INCREASING THE APPROPRIATION FOR THE GENERAL FUND LAW DEPARTMENT, IN THE AMOUNT OF $51,000, AND BY INCREASING REVENUES IN THE SAME AMOUNT FROM MISCELLANEOUS REVENUES TO COVER UNANTICIPATED INCREASED OPERATING COSTS OF SAID DEPART- MENT: CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. -� Was introduced by Commissioner Plummer and seconded by Commissioner Perez.. 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 Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Vice -Mayor Joe Carollo Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Perez, adopted said ordinance by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Vice -Mayor Joe Carollo SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9482 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. 55. EMERGENCY ORDINANCE: ESTABLISH LARD ACQUISITION AND SITE ASSEMBLY FOR AFFORDABLE RENTAL HOUSING CAPITAL PROJECT. Mayor Ferre: Take up "34". This is land acquisition, site assembly for affordable rental housing capital project, and so on. Mr. Plummer: Move it. Mayor Ferre: This is a long complicated ordinance that we have been working hard on for two years now, right? Plummer moves. Is there a second? Mr. Perez: Yes, I second, Mr. Mayor, but let me ask Dena Spillman if any effort has been made to make land available in Little Havana area. Ms. Dena Spillman: Commissioner, as a result of your request, we placed an ad in the newspaper in an attempt to find sites, and we have gotten... Mayor Ferre: In Little Havana? Did you place it in the Miami Times? ld SEP 9Igor. Ms. Spillman: In the Miami Times? Mayor Ferre: That is why I am asking you, where did you place it? Mr. Plummer: In Little Havana? Mayor Ferre: What newspaper did you advertise in? Ms. Spillman: In the Miami News. Mayor Ferre: Miami News. There are a lot of people that live in Little Havana that read the Miami News. That is real good. Mr. Perez: Why did you... Ms. Spillman: I think people who own property though read it. I mean, we are talking about major property owners. Mayor Ferre: Why don't you put it in a newspaper where... Mr. Perez: Sure, in Spanish in the Diaro Las Americas and any Spanish news- papers. Ms. Spillman: Well, we will do that. Mayor Ferre: That is like Father Gibson used to say you want to... Ms. Spillman: It was in the Diaro, I am sorry. Mayor Ferre: It was in there, okay. Ms. Spillman: Yes. We got no response. We are going to keep looking. Mr. Plummer: Let me ask a question. Mr. Perez: But, do you have a copy of the ad? Ms. Spillman: I don't have it with me. I can supply... Mayor Ferre: Would you have a copy delivered to Commissioner Perez' office? Ms. Spillman: Certainly. Mr. Plummer: Yes, it was in French in the Diaro Las Americas. Hey, don't laugh! In the Cuban newspapers they put all our ads in English! What difference does it make? Mayor Ferre: All right, is there anything else? Mr. Plummer: I want to question. Dena... Ms Spillman: Yes, sir. Mr. Plummer: Let me vote for this with the full understanding that the sites are to be approved by this Commission. Ms. Spillman: You have already approved the sites. Individually we will come back to you with the option amounts so that you can approve each site as it... Mr. Plummer: Okay, give me the three sites again. Ms. Spillman: Well, there were... Mr. Plummer: I remember the P.H.A. park as one Ms. Spillman: The P.B.A. site, the Melrose Nursery site, that site in the Civic Center at N. W. 18th Street and 14th Avenue, the Highland Park site - we already own half of this one, this is the other half - N. W. llth Street and 7th Avenue and the Little River Nursery at 400 N. E. 82nd Terrace. Id -116 SEP * 91982 10 Mr. Plummer: Okay. Mayor Perre: Read the ordinance and call the roll. AN ORDIXMCE ENTITLED- AN EME7K== ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 9353, ADOPTED NOVEMBER 19, 19811 THE CITY'S CAPITAL IMPROVEMENT APPRO- PRIATIONS ORDINANCE FOR FISCAL YEAR 1981-1982; AS AMENDED; BY APPROPRIATING AN AMOUNT OF $500,000 TO ESTABLISH LAND ACQUISITION AND SITE ASSEMBLY FOR AFFORDABLE RENTAL HOUSING CAPITAL PROJECT AS ITEM IX.B. (11) 21. AS A LOAN FROM CAPITAL IMPROVEMENT FUND FY 1981 FUND BALANCE FURTHER TRANSFERRING SAID APPROPRIATION TO INCREASE APPROPRIATIONS FOR LAND ACQUISITION AND SITE ASSEMBLY FOR AFFORDABLE RENTAL HOUSING PROJECT IN THE 1976 HOUSING GENERAL OBLIGATION BOND FUND (ITEM VIII.C.1.) BY $500,000; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY AND DISPENSING WITH THE READING OF THIS ORDINANCE ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE COMMISSION. Was introduced by Commissioner Plummer and seconded by Commissioner Perez 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 Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Vice -Mayor Joe Carollo Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Perez, adopted said ordinance by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Vice -Mayor Joe Carollo SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9483 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ON SECOND ROLL CALL: Mr. Perez: Is it possible to hold for the next Commission meeting, because at the last tvo Commission meetings, ve have tried to find a place, a lot, in Little Havana. Ms. Spillman: We can add sites. Mayor Ferre: Look, don't hold this up to do that. You can do this, you can find it. Mr. Perez: But, why can't you hold until the next Commission meeting, because I know that it is easy to find a lot in Little Havana, and I think... 14 !117 9 t9io SEP 2 N 4 Mayor Ferre: Well, find onet Mr. Perez: Yes, but are waiting for two months for that one. Ms. Spillman: We can't find one. Mayor Ferre: Do what you want, but I think it is unfair to hold up an important project for three... Mr. Perez: Well, but, I think that... Mayor Ferre: If you feel strongly about it, follow your convictions. Mr. Perez: Yes, but, Mr. Mayor, I think that it is very important...that is the feeling of this Commission at the last meeting. It is very important to give consideration to the Little Havana area and I would like to... Mr. Dawkins: Are you deferring it to the next meeting? Mr. Perez: Yes, or maybe to the Zoning meeting of the 26th of this month. Mayor Ferre: Okay, look, I am going to tell you the same thing I told Joe Grassie and I told Dick Fosmoen, I cannot lobby for you, because the sunshine i laws, the stupid sunshine law precludes me from talking to any of these people. You have got to do your own lobbying, Dena. You have have got to go visit... and I know that it is not easy to see, but I guarantee you that if you go out and you go to his school, you are going to catch him, and there is no way you are going to get these things passed unless you go out and convince him of itt See, then we have these things in the middle of a vote. He has _ a whim that you haven't done and he is right! You haven't, you tried, but —' you haven't answered what he wants. He wants some housing in Little Havana. Now, I think what he is doing is wrong, because he is holding up three im- portant projects, but he is entitled to do that. I can't tell him not to do it. Mr. Perez: And we are receiving a lot of calls and a lot of complaints from the people from the people in Little Havana about the housing. I think that the housing is very important. I am asking about the Black community, but Little Havana is not included. I received a call in my office that I don't think that you received in your office that is why I am very concerned about the Little Havana project. I would like to personally hold for the next Commission meeting. Mayor Ferre: All right, then you are going to have to do it on first reading. Can you amend it to make it on first reading? Mr. Gary: Land is not getting any cheaper. Mayor Ferre: See, Demetrio, let me see if I can do Dena's job here on these open microphones. By your not voting for this, what you are going to do is you are going to hold up three very important projects which should get under way. You are holding them hostage for something which you are right on, but I don't think that is the way to accomplish it. i Mr. Perez: That is right, but I think when we have the complaints from the citizens it deserves an answer. Mayor Ferre: I agree with you, but why hold this project hostage? Mr. Perez: But, why can't we wait two weeks if we if wait for two months? I don't think it would make any difference, we are not obstructing anything. (INAUDIBLE COMMENTS NOT PLACED INTO THE PUBLIC RECORD) Mayor Ferre: Mr. Manager, what is your recommendation, again?...and... Mr. Gary: Well, my recommendation is what is before you. Obviously, you know, I just got chewed out yesterday by you in terms of how long this pro- ject is taking. It has been three City Managers now, and obviously with inflation and the cost of land. as well as the whole process that you have got to go through ... you know, we talk every day about the amount of housing Id SEP 91982 r 11 that we need in the City of Miami for moderate and low income people. I would recommend, Mr. Mayor, that this does not close the door. It still gives us an opportunity... Mayor Ferre: Mr. Manager, will you commit personally, publicly to Demetrio Perez that you personally will follow up to see that land in Little Havana is secured and will you bring it up for discussion at the next Commission meeting? Mr. Dawkins:. ....you have to secure it within reason ..... (OFF MICROPHONE) Mayor Ferre: Oh, obviously, I mean I Mr. Perez: Maybe she doesn't find the land. Mayor Ferre: No, but I am putting the burden on the Manager now. Maybe that will satisfy Commissioner Perez and we can get on with this vote. Will you pledge that too him, personally? Mr. Gary: Yes, sir. You have my guarantee. Mr. Perez: But, I don't want the answer. What I want is the solution, you know? Mr. Gary: I am going to give you a solution. Mayor Ferre: Continue the roll call. THEREUPON, second roll call was completed. Mayor kerre: Now listen, I am not going to pull your chestnuts out of the fire anymore, do you understand? Ms. Spillman: I hear you. Mayor Ferre: Okay, you do your own lobbying. 56. AUTHORIZE AGREEMENT: AFFORDABLE RENTAL HOUSING DEVELOPMENT PROGRAM. Mayor Ferre: All right, now we have got Item Number "40". What is the other one that is related? Mr. Plummer: 1144". Me.yor Ferre: "44". Mr. Plummer: Move it. Mayor Ferre: Plummer moves Item Number "44". Is there a second to 114411. This is approval of a resolution authorizing the Manager to enter into an agreement with Dade County for the purpose of implementing affordable rental housing. Is there a second? Is there a second? I will second it for the purposes of getting a vote. Call the roll. (INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD) Mr. Garcia -Pedrosa: It is a resolution, Commissioner. Mayor Ferre: It is a resolution. -119 ld SEP 91982 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-819 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT OF COOPERATION, IN ESSENTIALLY THE FORM ATTACHED HERETO, WITH METROPOLITAN DADE COUNTY FOR THE PURPOSE OF IMPLEMENTING THE AFFORDABLE RENTAL HOUSING DEVELOPMENT PROGRAM; AND ALLOCATING AN AMOUNT, NOT TO EXCEED FIFTY THREE THOUSAND DOLLARS ($53,000) IN GENERAL OBLIGATION HOUSING BOND FUNDS FOR SERVICES PROVIDED UNDER SAID AGREEMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Mayor Ferre, the resolution was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: Commissioner Miller J. Dawkins ABSENT: Vice -Mayor Joe Carollo ON ROLL CALL: Mr. Dawkins: You don't need no four -fifths vote? "No". 57. NEW FIRST READING ORDINANCE: PROCUREMENT PROCEDURES Note: Passage of this ordinance nulified items 35 & 36 on 9/9 agenda. Mayor Ferre: We are now on Item Number "35". Mr. City Attorney, do you want to explain what the "35" and 36" is all about? Mr. Garcia -Pedrosa: Yes. Mr. Mayor, I would recommend that you delete or withdraw Item Number "3511, which is the second reading of a proposed amend- ment to the previous formulation of the Charter Amendment on procurement procedures and that you go directly to Number "36". Mayor Ferre: Let me understand the legal of this. Is "36" substantially different from "35"?... because this is a second reading. Can we substitute "36" for "35", legally? Mr. Garcia -Pedrosa: Well sir, let me do it this way, if I might. I think you should not do either 1135" or "36" and in lieu thereof, substitute the proposed Charter Amendment that we have prepared for you, which is before you, which does constitute a radical departure from the previous formulation. Mayor Ferre: The question therefore is, if it is a radical departure, is this first reading, or second reading? Mr. Garcia -Pedrosa: It would be first reading, sir. i Mayor Ferre: I understand. So in other words, we wouldn't vote on Item Number "35" or "36". Mr. Garcia -Pedrosa: That is correct. Mayor Ferre: But, we would then vote on the item that is prepared by your office, that you have now submitted and this is the thing that you and Lucia, and others have been working on. �120 sP 9 19s2 ld - ld Mr. Garcia -Pedrosa: That is correct. Mayor Ferre: Okay, now, Mr. Turkell and Mr. Paul want to speak to this issue. I will take either one of you, or first of all, why don't you describe what you have done. Let's see if we have questions from the Commission, then I will recognize the two of you to speak. Mr. Garcia -Pedrosa: Mr. Mayor, very briefly, the ordinance number 9459 was the previous formulation of the Charter Amendment on procurement procedures. A number of criticisms were levied and concerns were raised concerning that ordinance and its perceived problems - lack of safeguards and so forth and so on and at your request, Mr. Mayor, I undertook as really the top priority' when I began this job to take a fresh look and see if we could not come up with a new formulation which would cure the problems and solve the problems that have been identified previously with respect to ordinance 9459. What I have placed before you constitutes the product of that effort and I believe takes into account really all of the criticisms and suggestions made with the caveat that it also entails a repeal of ordinance 9459 and undoing of the time table previously agreed to by this Commission and the placing of this matter on the November 2nd ballot instead of the October 5 ballot, as is currently scheduled. Mayor Ferre: Now, that creates (Gilcrest, is he around?) a special problem with the City of Miami with the Governor and the Cabinet., and if we adopt this and do it this way, we now, as I understand it, we have got to do this, the time constraints are very tight on this. We have got to vote on this today. We also have got to notify the Governor and the Cabinet that we now moved it from September to October, and from October to November. We have got to notify the Dade County Elections Board. (No, I guess it doesn't change the elections, oh yes, it does.) The wording does. Mr. Garcia -Pedrosa: We have to pull it off the October ballot and put it on the November ballot with different wording. Yes, sir. Mayor Ferre: Do we have that before us now? Mr. Garcia -Pedrosa: Yes, sir. Mayor Feer: Okay. Mr. Garcia -Pedrosa: And you have to call, Mr. Mayor, as I indicated earlier, a meeting of this Commission for the 17th for a second reading. Mayor Ferre: I understand. Okay, now, questions from the Commission of either Mr. Pedrosa or Ms. Allen, for purposes of what is before us. Mr. Plummer: Well, I am not ready, so let's go ahead and hear it from the public. Mayor Ferre: Okay, now, I will recognize the both of you, or either one of you, and if you want or... Mr. Dan Paul: Mr. Mayor, I didn't come really to speak on that item. I pre- fer to wait and speak on that on the 17th, because I understand that there are still revisions to be made in this proposal, so that... Mayor Ferre: Yes. I will tell you, just for the record, I do accept the recommendation on Page 16, which reads as follows: "To be added", and then we will discuss on second reading, which is the reading where we have to get the discussion of all these things, and it is in small double "ii" and would read as follows: "All persons contracting with the City under this section shall be obligated to pay whichever is the greater of the following: 1. All applicable ad valorem taxes that are lawfully assessed against the property involved, (or) 2. An amount to be paid to the City equal to what the ad valorem taxes would be if the property were privately owned and used for a profit making purpose. Now, that is the only change that I would submit that we insert, which is, as -121 SEP _ 9 1982 0 0 I recall, this is something that you had discussed with the City Attorney. Now, just for the record, I asked the City Attorney to speak with those people who were attorneys or knowledgeable in this whole thing, that have shown either interest or knowledge. And to wit he has spoken to Mr. Turkell. Is that right, Mr. City Attorney? Mr. Garcia -Pedrosa: Yes, sir, I have. Mayor Ferre: To Dan Paul, to Sandy D'Alemberte and other members of the Steele, Hector and Davis law firm, to George Knox, to.... Mr. Garcia -Pedrosa: Marty Fine and Stuart Simon. Mayor Ferre:.... Marty Fine and Stuart Simon, and I think that covers every- body and anybody who has shown any interest or knowledge in the past. Mr. Garcia -Pedrosa: And the New World Action Committee, sir, of the Chamber of Commerce. Mayor Ferre: And the New World Action Committee. And I can represent here that with this change, as I understand it now, other than this particular change which may deal with the problem that Sandy D'Alemberte may or may not have, but he is out of town today and I have been unable to reach him on this issue, but my sense of it is that it is not going to create a problem. Other than this, everything has been agreed to as I understand it by every- body. There is no disagreement. Is that correct? Mr. Garcia -Pedrosa: I hope so, sir. Mayor Ferre: Okay now, Mr. Turkell, you do have a disagreement? Mr. Leonard Turkell: Yes. Mayor Ferre: Okay, he is gcing to express it, and it has to do with Watson Island, is that right? That is what I thought. Mr. Turkell: Mr. Mayor, I think that this approach is much better than the: one that is represented by the ordinance in the amendment which is on your agenda today, and I endorse the new approach wholeheartedly. I have not had a chance to review carefully the very latest draft which I just got late yes- terday afternoon, but I did review an earlier one and there were very few suggestions that I had. Between now and the 17th, I will review this one carefully, but I think that it is certainly in proper form to be passed on first reading. Mr. Paul: I actually came down here not to speak on that. I was told that you were going to discuss item I'm" at 6:00 o'clock. Mayor Ferre: All right, well, we will get to that after this. Now, the problem, Dan, that we have, and Mr. Turkell, is that we are under a very, very tight and serious time constraint because we have to put this on the ballot and for us to go back and deal with the Cabinet, as you know, and the Governor had actually, personally, when I talked to him said that he had no objections to our rolling it over to October. Now we are rolling it over to November and we are going to have to get a waiver again. But, the problem is for us to get it on time for the polls, it had got to be voted on second read- ing by the 17th, so I am ready to vote on it, and if you all are, and then we will have a full pledged public hearing on the 17th. I don't frankly think it will take that much time, but...Mr. Turkell. Mr. Turkell: My name is Leonard Turkell, 227 N. E. 17th Street. I just want to say this. I have met with the New World Center Action Committee in attempt- ing to come up with an ordinance and an amendment that would make sense for everybody and I really have to commend both the City Attorney and Jim Reid for their understanding of what the objectives are in working toward the kind of an amendment and the kind of a rule that would attract the great projects to the City of Miami that we all need. I think that this ordinance is the kind of ordinance that we have to have. It gives the public access to the conceptual process, it gives us safeguards, but I have to tell you that if you want to encourage great developers and great developments in the City of Miami, that you are going to stub your toe on Watson Island. Now, in your ordinance, and ld 1�2 SET the City Attorney and I discussed this, when you talk about protection for the waterfront, you say that nothing contained herein shall affect the City of Miami/University of Miami James L. Knight International Center. That is under- standable. The building is there, and then (2) any project, the financing of which has been provided by the authorization of bonds to be issued by the City of Miami ... That kind of mystical, serious illusion, some things that are out there and when I asked the City Attorney what those projects were, he could not give me a definitive answer. Mayor Ferre: All right, I will tell you right now. Watson Island is one of them. Mr. Turkell: He told me that and said that there was something else, but he was not sure what it was. Mayor Ferre: Well, I will tell you what it is. Mr. Turkell: I think, first of all, that we ought to know what it is, and what those projects are that you are excluding from this waterfront protection, number one, and number two, I say again - Mr. Mayor, I have to quote you on your comments to Commissioner Perez, and you said that Commissioner Perez was holding those three projects hostage, if he didn't vote, because they had not... Mayor Ferre: Look, Mr. Turkell... Mr. Turkell: Let me finish the story. Mayor Ferre: I thought I would help you cut through. Mr. Turkell: I think you are doing the same thing. This is a marvelous ordi- nance and it changes the whole way that projects will be built in the City of Miami and give you opportunity to attract the best developers in the world to come here and you insist on holding this ordinance hostage by including Watson Island. I think you are making a mistake. I really do, and do not go to the public with this ordinance as long as Watson Island is attached to it. Then, I am really trying to be as positive as I can in somehow everybody together coming up with a marvelous ordinance that we can all live with. Mayor Ferre: Mr. Turkell, you and I have been doing battle on Watson Island for well over five years. Now, I have said, and I will say again today publicly, if these Charter Amendments pass and there is a new day on how we go about the procedure, I am commiting myself publicly here, that we will revisit (we, this Commission) I will vote for a revisit on the whole issue and start all over again on Watson Island. In other words, the project, as it has been done up until now will be dead. I have said that publicly and I will say it again today. Now, if this does not pass, then my vote remains constant to proceed, and there have been three votes on this Commission to proceed with Watson Island, constantly. Now, then we are going to go ahead with Watson Island as it has been proposed and projected and done. Now, I tell you and the other property owners on the islands - Palm Island, Hibiscus, and all you people, I assure you, I absolutely assure you that you will not prevail in keeping that island as a vacant piece of property. It is not going to happen! There will be something there, whether it is a cultural center, or a historic... Mr. Turkell: I think you are making a mistake by projecting what ... we have no intention of telling you how to develop the island. Don't make that mistake. Mayor Ferre: Okay, I won't get into a discussion with you on that, but look, again, let me put it to you this way. The people of Miami, when Mr. Dan Paul, two and one-half years ago came up with this provision, voted for this. Mr. City Attorney, this was the exact language that was put up before the electorate of Miami and was voted upon, is that correct? Mr. Garcia -Pedrosa: Yes, sir. Mayor Ferre: I am not going to tamper with that. The people of Miami have expressed their will. They have voted on that exact language, and as far as I am concerned, you don't have my vote to pull it out, because the people of Miami voted on that and they expressed themselves on that - Id -123 SEP 91982 1 that exact, identical language. That is the language they voted on and I am not going to change it. Now you know, you talk to ... he might want to votel _f Be may want to vote and he may want to vote, but, you do not have my vote on that, because that is what the people in Miami voted for. .d Mr- Turkell: I've expressed my opinion. I just think that you are making a mistake if you incumber this Charter Amendment with that dead issue. I really dot Mayor Ferre: I do not want to get myself into a legal involvement on some- thing which the people of Miami have already voted on and I don't feel that I have any right to change that at this point. The people of Miami have voted on that language two years ago, and that is the issue. Nov, any other state- ments, any other questions. Where do we stand? What do you want to do, Plummer? We have got to go on this thing. We have got to go, or we can't make it by November 2nd. Mr. Plummer: We are talking about having first reading today? Mayor Ferre: Yes. Mr. Plummer: Then fine. We can always change it on second reading.. Mayor Ferre: Plummer moves. Is there a second? Mr. Perez: I second. Mayor Ferre: Perez seconds. Further discussion on first reading only. Read the ordinance by title. AN ORDINANCE ENTITLED - AN ORDINANCE SETTING FORTH A PROPOSED CHARTER AMENDMENT, KNOWN AS CHARTER -AMENDMENT NO. 1, AMENDING SECTIONS 3, 52, AND 53 OF THE CITY CHARTER TO PROVIDE A COMPREHENSIVE PROCUREMENT PROCE- DURE; PROVIDING FOR THE POWER TO ACQUIRE AND DISPOSE OF ALL REAL AND PERSONAL PROPERTY AND SERVICES; DEFINING, AUTHORIZING AND PROVIDING A PROCEDURE FOR UNIFIED DEVELOPMENT PROJECTS; PROVIDING FOR PROCUREMENT METHODS TO BE IMPLEMENTED BY ORDI- NANCE FOR THE ACQUISITION AND DISPOSITION OF PERSONAL PROPERTY, REAL PROPERTY INCLUDING WATERFRONT PROPERTY, PUBLIC WORKS AND IMPROVEMENTS, AND UNIFIED DEVELOPMENT PROJECTS; RENAMING AND REDEFINING THE DUTIES OF THE PURCHASING AGENT; PROVIDING FOR AFFIRMATIVE ACTION, NON-DISCRIMINATION, AND MINORITY PARTICI- PATION IN TRANSACTIONS WITH THE CITY; PROVIDNG FOR SAFEGUARDS; REPEALING ALL CHARTER SECTIONS OR PARTS THEREOF IN CONFLICT; REPEALING ORDINANCE NO. 9459 CONTAINING PROPOSED CHARTER AMEND- MENTS; AND CONTAINING A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Perez and passed on its first reading by title by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Peres, Jr. Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: -None ABSENT: Vice -Mayor Joe Carollo 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 members of the public. j. -124 SU 9 1982 0 58. ESTABLISH PUBLIC HEARIVG FOR 214-D READING OF CHARTER AME11D- MENTS b DIRECT CITY CLERK TO REMOVE CHARTER AMENDMENT FROM OCTOBER 5 ELECTION &M SCHEDULE ALL AMEIDMEI4TS & STRAW Mayor Ferre: Mr. City Attorney, the 2nd reading of the public hearing will be at 7:00 P.M. on the 17th of September. , Mr. Garcia -Pedrosa: September 17th, yes. Mr. Dawkins: September 17th? Mayor Ferre: Carol Anne? Mr. Plummer: Where is Carol Anne? Mayor Ferre: There goes the Black Caucus. Mayor Ferre: It can only be on the 17th? Mr. Garcia -Pedrosa: Sir, we don't have a single day to spare. Mr. Dawkins: Move back to the 16th. Mr. Plummer: What about the 16th? Mr. Garcia -Pedrosa: We need seven days, Commissioner. Mayor Ferre: Well, I can't go to Washington, then. Where is Carol Anne Taylor? My problem is this that I have got to go to Washington for the congressional Hispanic Caucus on the 16th and then I have got the Black congressional Caucus on the 18th. That means I have to fly back to Miami to fly back to Washington. I hate to do that, but I guess I have got no choice. We have no choice, is that right? Mr. Plummer: No. Mayor Ferre: Mr. City Attorney, do we have any... Mr. Garcia -Pedrosa: While we look that up, Mr. Mayor, we are trying to see if we have enough time with the 16th. Let me just check the exact language. Mr. Plummer: We have the same problem. Mr. Garcia -Pedrosa: Oh, you have the same problem with the 16th? Mayor Ferre:, Yes, sir. Mr. Garcia -Pedrosa: Well, it has got to be certainly the 17th, perhaps the 16th, but we can't do it any other time and comply with the... Mayor Ferre: That means I have to fly to Washington twice or don't go to the Hispanic caucus. Well, okay, fine. Leave it on the 17th. That is okay. That is the way it has to be. Now, you know, you have Yom Kippur the next day. Here we go again! It doesn't affect you and me, but it affects all these people that when we have these meetings... Mr. Dawkins: I won't be here. I will be in Washington at the Caucus. Mayor Ferre: The Caucus is on the 18th. Mr. Dawkins: But they start at 6:00 P.M. They start services. Mr. Plummer: Wait a minute, the sun doesn't go down until 8:00 P.M. Mayor Ferre: Hey, let's not play around with that. — ld i25 4F Mr. Plummer: No, no. I am saying that it is sundown on the 17th. Mayor Ferre: Look, can we do it on the 16th? Mr. Garcia -Pedrosa: No, sir, We cannot. Mayor Ferre: Plummer, can you leave on a little bit later flight, 9:00 o'clock or something like that? Mr. Plummer: I can be back earlier. Mayor Ferre: When can you be back? Mr. Plummer: Maurice, I am scheduled on a 5:00 o'clock flight. I could maybe be out of there by like 2:00 P.M., but I am not sure. Mayor Ferre: Carol Anne, I can't go to Washington until the evening of the 17th, so that means I may not even go, because I have got to be here for a meeting on the 17th. There is no way I can... (INAUDIBLE COMMENTS NOT PLACED INTO THE PUBLIC RECORD) Mayor Ferre: I know, but how about the Hispanic Caucus? I have got to go to that too. I can't be going and coming and going, so... Mr. Dawkins: He is going to the Hispanic and I am going to the Black, so we have got a problem. Mayor Ferre: I will be here on the 17th. I won't go, but the problem is with you. Mr. Dawkins: I am going. Mayor Ferre: You are going? Mr. Dawkins: But, you will still have four! Mayor Ferre: Yes, but... It is in the evening. I can go. I can make the Black Caucus on the 18th, but I can't make...okay, that is my problem. I will deal with it. The 17th then, at 7:00 o'clock? You can't do it at 7:00 o'clock, Plummer, because you are going to have , C000per and... Mr. Plummer: Make it 6:00 o'clock and you might have to wait for me. Mayor Ferre: All right, we will convene at 6:00 P.M. on that date. Can you make it? Mike, call Joe Carollo, because we are going to have Miller Dawkins absent. I am talking about the 17th at 6:00 P.M. Can he be here at that time? You see no problems? The 17th of September, Friday, at 6:00 P.M. Mr. Garcia -Pedrosa: Mr. Mayor, I think it would be in order for you to have a motion to instruct the City Clerk to pull the item that is currently on the October ballot and to schedule this one on the November ballot in anticipation of an adoption on the second reading simply because the time table is so short. Mayor Ferre: All right, we need also a motion that a public hearing be held for the second reading on the 17th of September at 6%00 P.M. Plummer moves. Dawkins seconds. Further discussion. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption. MOTION NO. 82-820 A MOTION INSTRUCTING THE CITY CLERK TO ADVERTISE A PUBLIC BEARING WHICH WILL BE HELD AT CITY MALL, ON FRIDAY, SEPTEM- BER 17, 1982, AT 6:00 P.M., IN CONNECTION WITH PROPOSED CHARTER AMENDMENTS. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: -126 SEP 9 =2 Id AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Vice -Mayor Joe Carollo Mayor Ferre: Now we need a motion instructing the City Clerk to instruct the Dade County Elections Board, Mr. Clerk to strike the October election on this issue and to reserve the appropriate place on the November election. Mr. Ongie: Right. Mayor Ferre: Plummer moves. Perez seconds. Further discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption. MOTION NO. 82-821 A MOTION AUTHORIZING AND DIRECTING THE CITY CLERK TO RE- QUEST FROM THE METROPOLITAN DADE COUNTY ELECTIONS DEPART- MENT TO REMOVE CHARTER AMENDMENT #1 FROM THE OCTOBER BALLOT AND TO RESERVE THE APPROPRIATE SPACE ON THE BALLOT OF THE NOVEMBER ELECTION. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Vice -Mayor Joe Carollo 59. EXPRESS POLICY THAT FORMER F.E.C. PROPERTY ON BISCAYNE BLVD. IS NOT AVAILABLE FOR COLISEUM OR CULTURAL ARTS EXHIBITION CENTER. Mayor Ferre: Mr. Paul, you came down here on Item "M". Item "M" deals with the Florida East Coast property - alright. Gentlemen, the question is, that since the Sports Authority seems to be wandering all over the place, and now the Commission and the all of the community seems to be wandering upon both the stadium site and the coliseum site, I think that it is important to make it abundantly clear to the Sports Authority and to the Metropolitan Dade County Commission that the hard fought and not yet won F.E.C. property (not won because it hasn't been finalized as of yet) taking that land is simply, nor is any other of the Bayfront Park land is simply not available to put a major stadium or colesium or theatre there, because it is just not the location for it, and I asked that this be put on, because I think it is something that we need to make an expression of right now and would really like to move it or have one of you move it if you agree, and if not, I will be happy to move it and see if we can get the votes on it. Just so that we can get that behind use Mr. Plummer: Well, what about Mr. Paul, is going to speak? Mayor Ferre: Not if anybody disagrees. ld � -127 SEP 919a2 Mr. Dan Paul: Well, but Mr. Mayor, the way you have it on the agenda, it needs to include Bayfront Park and Bicentennial in the F.E.C. lands. Mayor Ferre: Fine. Mr. Plummer: So moved. Mayor Ferre: Is there a second? Mr. Perez: I second. Mayor Ferre: Further discussion? Call the roll. THEREUPON THE FOREGOING MOTION, duly introduced by Commissioner Plummer and seconded by Commissioner Perez was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Vice -Mayor Joe Carollo (LATER FORMALIZED INTO RESOLUTION NO. 82-849) ON ROLL CALL: Mr. Plummer: To save Danny Paul's voice, I have got to vote "yes". Mr. Paul: Mr. Mayor, it is important that you let the Metro Commission know. The Sports Authority has already adopted a similiar resolution at the last meeting I attended as a policy matter and it is not really the Sports Author- ity. It is several other groups who have been wandering around and attempting to build a pourpresture on the public land, and those trespasses and the Metro Commission that you need to advise that these lands are not available, and particularly through admission so that we don't get on the ballot wrong. Mayor Ferre: Mr. City Attorney, would you interpret to us what a pourpresture means? Mr. Plummer: Yes, it is treated with Preparation "H", I am told. Mr. Paul: You have a Harvard educated lawyer now as a City Attorney, so I thought there was no problem in describing these things in their legally accurate terms. Mayor Ferre: All right, now that we have settled what a pourpresture is, I would like now like to request the City Clerk, Ralph, if you would, to send by messenger tomorrow to the County Metro Attorney for their meeting on Thurs- day, a copy of this motion, so that it will be clear. Do you need to prepare it in the form of a resolution? I would prefer that so that we could pass it tonight and then the Clerk can deliver it tomorrow, or certainly before Thurs- day. Mr. Garcia -Pedrosa: We can do that, sir. Mr. Plummer: Let me ask a question. Something has just come to my mind, and maybe I've lost something today. Mr. Mayor, on of the things in the Sports Authority that has been talked about, is that Dade County might go alone on the sales tax if Broward County doesn't properly fund from theirs. Mr. City Attorney, I think you need to find out for this Commission... it is projected that Dade County portion of that sales tax would be about $134,000,000. My concern is there would not be money there for the building of the Miami Arena. We are talking about a Sports Stadium of 115, and you know it will run over that before it is finished. I would want you to check the legislative act to make certain (you understand what I am saying, Maurice?) that... Mayor Ferre: No. Id -128 SEP 919$2 Mr. Plummer: I am concerned that Dade County's threat to Broward - if they ' don't do what they are supposed to, they are going to do it alone - it is _! purported and projected that the Dade County portion 1.9 only going to be $130,000,000. ld Mayor Ferre: See, but the problem... Mr. Plummer: If they do it alone, we might not have the money for the Miami Arena. Mayor Ferre: For the what? Mr. Plummer: For the Miami Arena - Coliseum exibition. Mayor Ferre: Miami Arena? Mr. Plummer: Miami Exhibition & Coliseum. Mayor Ferre: Ah! Ah! Ah! I'll tell you why. That is where we snookered them. They haven't found out yet, but the way the law reads, okay? ... the way that was passed, is they cannot begin to construct the new football stadium with our simultaneously beginning to construct the Coliseum, That is the law. Mr. Plummer: Well, I think somebody needs to remind them of that. Mayor Ferre: They just haven't read the law. Mr. Plummer: Well, I will tell you. Their intent, from what I have been made to understand is, that if Broward County doesn't do what they are supposed to do, they are going to go it alone. Mr. Mayor, there is not sufficient funds to do both. Mayor Ferre: They can go it alone, J. L., but what they cannot do is, they can't build a football stadium without also building the Coliseum. There is a specific clause that specifically says that. It was drafted by Jack Gordon, and it.was legally approved by our City staff. It was drafted by George Knox. Mr. Plummer: Okay, but here again, we are talking about a Coliseum downtown of $45,000,000. Mayor Ferre: I wish I had the law before me, but I assure you... Mr. Plummer: If you are not concerned, I am! Mayor Ferre: I just want to tell you that the law specifically says "In the event that this thing goes on and on, the County cannot begin construction of the football stadium without simutaneously, or prior to, commence con- struction after full funding of the Coliseum. Mr. Plummer: What figure or what size? Mayor Ferre: Full funding. It doesn't say. Now, that they can do. They can snooker us and build a 10,000 seat Colesium. That they can do! Mr. Plummer: That is my concern. "'Mayor Ferre: That they can do, but I doubt it. That would be asinine for them to build an obsolete thing. Mr. Plummer: Well, okay. I am a little concerned about that. Mayor Ferre: That they could do, but that doesn't make much sense. Can we move along now, Mr. Manager? You only have three people here, so you tell me. I told you to call the shots. You tell me what you want to take up next. Mr. Gary: Let's just go down the list starting with "40". Mayor Ferre: All right, you need four votes on "40" and you only have three people. You need four on "41". You need four on "42". We can start with "43". `129 VSEP 9WQ(" Mr. Gary: "43" has been done. Mayor Ferre: "44"? Mr. Ongie: That is done. Mayor Ferre: All right, take up "45 ". 60. ALLOCATE $114,492 C.D. BLOCK GRANT FUITDS TO METRO FOR ADMIVIS- TRATION OF CERTAIN CITY COMMUNITY DEVELOPMENT ACTIVITIES BY DADE CO. H.U.D. Mayor Ferre: This is the Community Development Block Grant Funds for Metro- politan Dade County for the administration of certain cities, prepared by Dade County Department of Housing and Urban, so on. Dena? Ms. Dena Spillman: This is an annual agreement that we execute with Dade County H.U.D. to carry out activities that they are responsible for doing and this is for the garment center and the Little Havana Lummus Park N.S.A. Mayor Ferre: Is there a motion? Mr. Plummer: Move it. Mayor Ferre: Moved by Plummer, is there a second? Mr. Dawkins: Okay, I second. Mayor Ferre: Dawkins seconds "45" Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-823 A RESOLUTION ALLOCATING $114,492 OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO METROPOLITAN DADE COUNTY FOR THE AD- MINISTRATION OF CERTAIN CITY OF MIAMI COMMUNITY DEVELOPMENT ACTIVITIES PERFORMED BY THE DADE COUNTY DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ON BEHALF OF THE CITY FOR THE CONTRACT PERIOD WHICH COMMENCED JUNE 16, 1982 AND EXPIRES JUNE 15, 1983; FURTHER, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN ESSENTIALLY THE FORM ATTACHED HERETO, WITH METROPOLITAN DADE COUNTY FOR THIS PURPOSE. (Here follows body of resolution, omitted here and on file on 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 Perez, Jr. Vice -Mayor Joe Carollo -130 SEP 9 198 2 ld 0 61. APPROVE REVISED GUIDELINES: OVE7TOWi1 IiULTI-FA11ILY REHABILITATION LOAN PROGRAM. Mayor Ferre: How about "46", Dena? Ms. Dena Spillman: This is basically revising the guidlines on a multi -family rehab programs that make the interest rate higher to the owners of building% and also to allow co-ops to apply for refinancing as part of their loan package. Mayor Ferre: Anyone want to move that? Mr. Plummer: Move it. Mayor Ferre: Plummers moves. Mr. Dawkins: Second. Mayor Ferre: Dawkins seconds. Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-824 A RESOLUTION APPROVING REVISED PROGRAM GUIDELINES, ATTACHED HERETO AND INCORPORATED BY REFERENCE, FOR THE OVERTOWN MULTI- FAMILY REHABILITATION LOAN PROGRAM, AND AUTHORIZING THE CITY MANAGER TO IMPLEMENT THE PROGRAM IN ACCORDANCE HEREWITH. (Here follows body of resolution, omitted here and on file on 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 Perez, Jr. Vice -Mayor Joe Carollo 762.APPROVE PROGRAM GUIDELINES: COMMUNITY DEVELOPMENT TARGET AREA WIDE REHABILITATION LOAN PROGRAM. Mayor Ferre: "47" Dena. Ms. Spillman: Same for the City-wide program. Mayor Ferre: Plummer moves. Dawkins seconds. Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-825 A RESOLUTION APPROVING PROGRAM GUIDELINES, ATTACHED HERETO AND INCORPORATED BY REFERENCE, FOR THE COMMUNITY DEVELOP- MENT TARGET AREA -WIDE REHABILITATION LOAN PROGRAM, AND AUTHORIZING THE CITY MANAGER TO IMPLEMENT THE PROGRAM IN ACCORDANCE HEREWITH. -131 SEP 91982 Iq 1i 1 ld 11 11 (Here follows body of resolution, omitted here and on file on 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 Perez, Jr. Vice -Mayor Joe Carollo 63. WAIVE CONFLICT OF INTEREST REQUIREMENT: CALVIiI SMITH PARTICIPATION IN CITY REHABILITATIONt PROGRAM (C.D.) Mayor Ferre: Calvin Smith. Mr. Plummer: Move it. Mr. Dawkins: Second Mayor Ferre: Plummer moves, Dawkins seconds. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-826 A RESOLUTION WAIVING BY AT LEAST A FOUR -FIFTHS VOTE, THE REQUIREMENTS OF CHAPTER 2, ARTICLE V, SECTION 2-302 (CON- FLICT OF INTEREST) OF THE CODE OF THE CITY OF MIAMI, FLORI- DA, AS AMENDED, BY FINDING THAT IT IS IN THE BEST INTEREST OF THE CITY TO PERMIT CALVIN SMITH, AN EMPLOYEE OF THE SOLID WASTE DEPARTMENT, TO PARTICIPATE IN THE CITY'S HOUS- ING REHABILITATION PROGRAM ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPARTMENT. (Here follows body of resolution, omitted here and on file on 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 Perez, Jr. Vice -Mayor Joe Carollo '132 SEP 91932 4 , 64. APPROVE GUIDELINES: SOLICITING PROPOSALS FOR FOOD & BEVERAGE CONCESSIONS IN CITY PARES. Mayor Ferre: "49". Mr. Dawkins: Move it. Mayor Ferre: Dawkins moves. Mr. Plummer: Is this Queenie's Weenie? Mayor Ferre: Plummer seconds. Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 82-827 A RESOLUTION OF INTENT APPROVING THE ATTACHED GUIDELINES FOR USE BY THE CITY MANAGER AND THE PURCHASING AGENT IN SOLICITING PROPOSALS FOR FOOD AND BEVERAGE CONCESSIONS AT VARIOUS CITY PARKS. (Here follows body of resolution, omitted here and on file on 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. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Demetrio Perez, Jr. Vice -Mayor .toe Carollo 65. RATIFY AGREEMENT: ORANGE BOWL STADIUM FOR 111TERIIATIONAL LIVE BOXING MATCH - NOVEMBER 12, 1982. Mayor Ferre: ' Now this is the resolution of the motion you made last time on the boxing thing. Mr. Gary: This is the contract. Mayor Ferre: Yes, that is what I said, for the Orange Bowl Stadium for the boxing match on November 12th. Now, Howard, you were away when this all happened. Have you had a chance to look at this contract? Mr. Gary: Yes. Mayor Ferre: Are you in agreement with it? Mr. Gary: Yes, I am. Mr. Dawkins: What is the rental? Mr. Plummer: What kind of performance bond? -133 SEP 91982 Id ld i r Mayor Ferre: That is the motion we voted on last time, and Vince Grimm des- cribed it to us. Vince, describe it again. Mr. Vince Grimm: There is no performance bond, Commissioner. Mr. Plummer: Where is our $30,000 guarantee? Is it up front? Mayor Ferre: We are taking a chance. Mr. Vince Grimm: No, it comes on the Tuesday after the fight, at 5:00 o'clock at night. Mr. Plummer: How are you going to pay the policeman? Mr. Grimm: Well, the City will pay him the way they always pay him. Out of their pocket. Mayor Ferre: Don't you remember what this is all about? This is these two big fighters, I forgot the name of them. Mr. Dawkins: Pryor and Arguello. Mayor Ferre: And they are coming here to fight and this is a big, big thing for Miami and we went through all this hassle as to whether or not it made any sense. You recommended it after... Mr. Plummer: Howard... Mr. Dawkins: I was under the impression when you recommended it, that we got our $30,000 guarantee up front. Mr. Grimm: No, sir, we did not get a guarantee up front. That was some- thing we attempted to negotiate, but we were not successful in doing that. Now, we will have approximately $30,000 at the end of that evening by virtue of the concessions in the parking, but not as a result of the gate. Mr. Dawkins: Okay. If the gate does not make the half million dollars, then we don't have the $30,000 guarantee. Mr. Plummer: No, no. That was my big bitch! The guarantee... Mr. Grimm: Oh yes we do! We do. We have a $30,000 guarnatee based on the membership of the group that is promoting the fight, and that is what we are accepting... their standing and their position in this community. They couldn't hold their heads up afterwards if they reneged on that. Mr. Plummer: I move it. Mayor Ferre: Plummer moves. Mr. Dawkins: Second. Mayor Ferre: Dawkins seconds. Call the roll on '150". The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-828 A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE ACTION OF THE CITY MANAGER IN EXECUTING THE ATTACHED AGREEMENT BETWEEN THE CITY OF MIAMI AND SOUTH FLORIDA BOXING PROMOTIONS, INC., FOR USE OF THE ORANGE BOWL STADIUM IN PRESENTING AN INTERNATIONAL LIVE BOXING MATCH ON NOVEMBER 12, 1982. (Here follows body of resolution, omitted here and on file on the Office of the City Clerk). Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: -134 SEP 91982 i t YES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Demetrio Perez, Jr. Vice -Mayor Joe Carollo 66. SOLICIT BIDS: RENTAL OF GOLF CARTS ATD OPERATION OF PRO SHOP AND DRIVING RA14GE - MIAMI SPRINGS GOLF COURSE. Mayor Ferre: Plummer moves "51" Mr. Dawkins: Second. Mayor Ferre: Dawkins seconds. Further discussion. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-829 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SOLICIT BIDS FOR THE RENTAL OF ELECTRIC GOLF CARTS AND OPERATION OF THE PRO -SHOP AND DRIVING RANGE AT THE CITY OF MIAMI SPRINGS GOLF COURSE AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY CONTRACTS(S) AND/OR AGREEMENT(S) TO IMPLEMENT THIS PROGRAM. (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 Perez, Jr. Vice -Mayor Joe Carollo 67. APPROVE AGREEMENT: CAMACOL - 3RD HEMISPHERIC CONGRESS OF LATIN CHAMBER OF COMMERCE. Mayor Ferre: Plummer, do you want to move "52"? Mr. Plummer: Yes. Mayor Ferre: Is there a second? Mr. Dawkins: What is it? Mayor Ferre: That is the conference that is going on right now. Mr. Dawkins: Right now, that is what I thought. Okay - yes. ld 135 .SEP 9 �� 0 0 Mayor Ferre: All right, it has been moved and seconded on "52". Call the roll on "52". The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-830 A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE ACTION OF THE CITY MANAGER IN EXECUTING THE ATTACHED AGREEMENT DATED AUGUST 1, 1982 BETWEEN THE CITY OF MIAMI AND THE LATIN CHAMBER OF COMMERCE OF THE UNITED STATES (CAMACOL) TO PRE- PARE, COORDINATE AND SUPERVISE THE THIRD HEMISPHERIC CONGRESS OF LATIN CHAMBERS OF COMMERCE HELD SEPTEMBER 8 THROUGH 11, 1982 IN MIAMI, FLORIDA. (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 Perez, Jr. Vice -Mayor Joe Carollo 68. AUTHORIZE PAYMENT FOR LEGAL SERVICES: BROWN, WOOD, IVEY, MITCHELL 6 PETTY. Mayor Ferre: "54". Mr. Gary: Mr. Mayor, these are legal fees to our bond counselor who gave us legal advice and bond validation services with regard to selling our bonds. Mr. Dawkins: Move it. Mr. Plummer: Charge it to George Knox. Mayor Ferre: All right, Dawkins moves. Plummer seconds. Is there further discussion? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 82-831 A RESOLUTION AUTHORIZING THE CITY MANAGER TO PAY THE AMOUNT OF $22,900 TO THE LAW FIRM OF BROWN, WOOD, IVEY, MITCHELL AND PETTY FOR LEGAL SERVICES RELATED TO THE PREPARATION AND VALIDA- TION OF $21,000,000 FIRE FIGHTING, FIRE PREVENTION AND RESCUE FACILITIES BONDS; $45,000,000 SANITARY SEWER SYSTEM BONDS AND $30,000,000 STREET AND HIGHWAYS IMPROVEMENT BONDS. (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- 136 SEP 91982 0 w ld AYES: Comissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Demetrio Perez, Jr. Vice -Mayor Joe Carollo 69. PROVIDE FOR LOCAL APPROVAL: BIOLOGICAL REPORT "ZOR CONSTRUCTION OF TWIN 3 LAMED BASCULE STRUCTURES MIAMI RIVER. Mayor Ferre: Take up 115519. Mr. Dawkins: It says that the report has to be read, whatever report it is. There is a note at the bottom, Mr. Mayor. Mayor Ferre: All right, read the report into the record. Mr. Gary: Mr. Mayor, you have to read the biological report into the record. Mayor Ferre: Read it. Mr. Gary: Do you want me to read it? Mayor Ferre: Or whoever! Mr. Gary: I will let the Law Department read it. Mr. Garcia -Pedrosa: "Biological Report (a) Description of the proposed pro- ject and construction techniques: The applicant proposes to replace a wooden pile bascule bridge with twin three -lane steel bascule structures. Construc- tion in the river includes the placement of four concrete piers (52 feet by 41 feet) and back filling behind the piers to eliminate the debris traps. The project is located at the Miami Avenue and the Miami River, Miami, Dade County, Florida. (b) Biophysical features of the general area: The general is a highly developed portion of downtown Miami. Numerous commercial and private highrise structures are located in the area. (c) Biophysical features of specific projects sites and spoil site if applicable: The specific site is the location of the previous wooden bascule bridge. At the time of in- spection, a crew was working to remove the old bascule bridge. No emergent or submergent vegetation was observed. (d) Potential impact of project on biological resources and water quality: This project is not expected to have any significant long or short-term adverse impact on the biological or water quality resources of Biscayne Bay." Mayor Ferrel All right. Plummer moves. Dawkins seconds. Further discussion. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-832 A RESOLUTION APPROVING THE BIOLOGICAL REPORT RELATED TO THE PERMIT FOR THE CONSTRUCTION OF TWIN THREE -LAMED STEEL BASCULE STRUCTURES INCLUDING THE PLACEMENT OF FOUR CON- CRETE PIERS (52' x 411) AND BACK FILLING BEHIND SAID PIERS AT MIAMI AVENUE AND THE MIAMI RIVER, CITY OF MIAMI, DADE COUNTY, FLORIDA, PURSUANT TO FLORIDA STATUTES 253.124 (3) (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- _-13'7 .SEP 91982 1 AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Demetrio Perez, Jr. Vice -Mayor Joe Carollo . ■ 70. ESTABLISH COMMITTEE: RECOMMi.ZQD RELOCATION OF CITY OWNED LIBRARY IN BAYFRONT PARK. Mayor Ferre: On "56", this establishes this committee. Mr. Plummer: Move it. Mr. Dawkins: Second. Mayor Ferre: Plummer moves. Dawkins seconds. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-833 A RESOLUTION ESTABLISHING A COMMITTEE TO MAKE RECOMMENDA- TIONS FOR THE RELOCATION AND UTILIZATION OF THE CITY OWNED BUILDING CURRENTLY OCCUPIED AS THE DADE COUNTY MAIN LIBRARY IN BAYFRONT PARK; FURTHER ESTABLISHING A TIME LIMIT OF 18 MONTHS FROM JULY 29, 1982, THE DATE OF RESOLUTION NO. 82-740 WHICH EXPRESSED THE INTENT OF THE CITY COMMISSION TO HAVE SAID BUILDING MOVED, ALLOCATING FUNDS FOR REMOVAL AND REFURBISHING AND SET- TING A TIME LIMIT AFTER WHICH, IF NO ACCEPTABLE RELOCA- TION SITE AND TENANT IS FOUND, SAID BUILDING IS TO BE DEMOLISHED. (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 Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None ABSENT: None ON ROLL CALL: Mr. Dawkins: I vote "yes" and I want you to explain to that committee that there is no way in hell for then to condense that library and get it under the expressway to get it in Overtowa, so we can forget Overtown. Mayor Ferre: Why? Mr. Dawkins: You can't get it under... Mayor Ferre: It won't fit. Mr. Dawkins: You can't get it under... 138 SEP 91982 Mayor Ferre: Oh, you can't get it under the expressway. Mr. Gary: Carry it over! Mayor Ferre: Well, you would have to put it on a barge and barge it up the river and that of course, is too complicated. I would like to appoint to the committee the following people: James Church, Mariano Cruz, Stanley Dodd, Ronald Frazier, Patricia Holmes and Albert Veliky. These are all the people that came here and talked about it, don't you remember? ... except for Ron Frazier, who we added. This gentleman must be one of those. He is a Director of Development at the Rosenstiel School, University of Miami. Do you want to add anybody else? Does anybody have any other names. Plummer, do you have any other names? Okay. Who is Mr. Velicky, I don't remember him? Mr. John Gilcrist: Mr. Feliky is the director... Mayor Ferre: I can read. Who is he? Mr. Gilcrist: ...and he represents the interests in the Maritime Museum. Mayor Ferre: Oh, yes. Okay, now I remember Mr. Gilcrist: Do you want me to go down these? Mayor Ferre: No, I don't want you to go down. Do you want to add anybody? Is that a good enough committee? Mr. Gilcrist: No, no. This is fine. Mayor Ferre: We are now on Item Number "57". Mr. Gilcrist, while you are here, I called for you before. You are going to have to call the Cabinet now, and tell them that we... -i Mr. Gilcrist: It is going to require a postponement. E I Mayor Ferre: I realize that, so you are going to have to ask the Cabinet to { put it on the next agenda item and we have got to go up there and explain to them that it is got to be put off until November. Mr. Gilcrist: I understand the implication of that. 71. EXECUTE PROFESSIONAL SERVICES AGREDM;T: P. F. ENTERPRISES TO ACT AS CONVENTION REPRESENTATIVES IN THE WASHINGTOIv D.C. AREA. Mayor Ferre: Okay. Now we have "57". Who is P. F. Enterprises? Mr. Tony Pajares: That is Pat Fish Enterprises, Mr. Mayor. Mr. Plummer: Move it. Mr. Dawkins: I second it with the stipulation that we get a monthly report of their activities, and if they are not producing, then we cut it out. Mr. Plummer: (INAUDIBLE - OFF MIKE) recommended, a way of getting conven- tions out of Washington, w1.1ch I am told, is one of the best sources around. Mayor Ferre: What? Mr. Gary: Mr. Mayor, we are recommending that we enter into an agreement with Pat Fisher and Company. Mayor Ferre: Who is Pat Fisher? Mr. Pajares: She is a lady that used to work for Sheraton Corporation out of Miami and now has a consultant firm in Washington, D. C. i � -139 �on SAP Mayor Ferre: And how did we end up getting her? Mr. Paj area: We ask for four bids for different consultant firms in Wash- ington. We felt that because she knows the area, and it is one of the best known firms in Washington. Mayor Ferre: Who evaluated the presentation? Mr. Pajares: We did, sir. Mayor Ferre: You did? Mr. Pajares: Yes, sir. Mayor Ferre: You, personally? Mr. Pajares: Well, all of us in the Convention Bureau. Mayor Ferre: Well, who is all of is in the Convention Bureau? Mr. Pajares: Me and my staff. Mayor Ferre: How many people? Mr. Pajares: That is me, Kay Hollander, four people. Mayor Ferre: And this is your conclusion? Mr. Dawkins: And this was the lowest bid, or just the better bid? Mr. Pajares: No sir, we felt this was the best firm available to us, because they know this. Mayor Ferre: Do they represent other cities? Mr. Pajares: Yes, sir. Mayor Ferre: Who do they represent? Mr. Pajares: Cincinnati, Montreal, Long Beach, New Orleans and Puerto Rico, right now. Mayor Ferre: Well, what makes you think that they are going to give us preference to Long Beach, Cincinnati, Montreal, and Puerto Rico? Mr. Pajares: Mr. Mayor, we would be just another one of their clients and we feel we need this kind of consultant service. Mr. Dawkins: You didn't feel that they would get us the stuff during the winter? That they would sell Miami during the winter months, that wouldn't be one of the considerations? Mayor Ferre: Howard, you are satisfied with this? Mr. Gary: Yes, sir. Mayor Ferre: You move it, Plummer? Mr. Plummer: Yes. Mr. Dawkins: Second, yes. Mayor Ferre: Call the roll. The following resolution was introduced by Commissioner Plumffier, who moved its adoption:- 140 s 1s .SEP 82 Id r 0 ld RESOLUTION NO. 82-834 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, WITH P. F. ENTERPRISES, TO ACT AS CONVENTION REPRESENTATIVES IN THE WASHINGTON, D. C. AREA, FOR THE PURPOSE OF SOLICITING CONVENTIONS FOR THE CITY: FURTHER AUTHORIZING PAYMENT OF $20,400 IN 12 EQUAL MONTHLY INSTALLMENTS FOR SAID SERVICES FOR ONE YEAR COM- MENCING OCTOBER 1, 1982 USING FUNDS BUDGETED FROM FISCAL YEAR 1982-83 CONVENTION BUREAU - PROMOTIONS ACCOUNT; SUBJECT TO THE AVAILABILITY OF FUNDS. (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 Perez, Jr. Vice -Mayor Joe Carollo NOTE FOR THE RECORD: Agenda Item "58" was withdrawn. 72. WAIVE REQUIREMENT FOR FORMAL BIDS: 48 TRANSMITTERS FOR DEPART- MENT OF BUILDING & VEHICLE MAINTENANCE. Mayor Ferre: Item 1159a". Mr. Gary: This provides forty-eight transmitters to open up the fire door garages at the Fire Station. Mr. Plummer: Oh yes, I move it. Mayor Ferre: Plummer moves. Mr. Dawkins: Second. Mayor Ferre: Dawkins second. Further discussion. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-835 A RESOLUTION WAIVING THE REQUIREMENT FOR FORMAL SEALED BIDS FOR FURNISHING 48 TRANSMITTERS TO THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE; AUTHORIZING THE PURCHASE FROM TELECTRON SOUTH, THE ONLY KNOWN SUPPLIER: AT A TOTAL COST OF $9,360.00; ALLOCATING FUNDS THEREFOR FROM THE 1981-82 OPERATING BUDGET OF THAT DEPARTMENT; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PUR- CHASE ORDER FOR THIS EQUIPMENT. �141 SEP 9ISQ2 n (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 Perez, Jr. Vice -Mayor Joe Carollo 73. AUTHORIZE IIJCREASE IN CONTRACT: SHAFER 6 MILLER FOR CON- STRUCTIOU OF DOWNTOWN GOV"aR TENT PARXIiIG FACILITY. Mayor Ferre: Take up Item Number "61", the Downtown Government Center Park- ing Facility. Mr. Gary: Mr. Mayor, when we first planned the construction of downtown parking garage, the first plan included the first floor being retail space. As a result of analysis and my presentation, the City Commission agreed that it was not economically feasible to do so. However, we had a condition of the bid, that if we decided to make that as a decision, that we would modify the first floor to make it parking spaces. In order to do that, we need the $230,000 now, which is coming out of the bond money. Mayor Ferre: They haven't snookered us, have they? Mr. Gary: No, sir. Mayor Ferre: All right. Mr. Dawkins: Move it. Who wants to move that? Mayor Ferre: Dawkins moves. Plummer, you want to second that? Mr. Plummer: This is item "61"? Mayor Ferre: $250,000 - a quarter of a million dollar increase? Mr. Gary: No, remember, when we talked about constructing the garage, we talked about constructing lease spaces for ... it would cost about a million and one-half dollars. Mr. Plummer: Yes. Mr. Gary: In order to proceed, we recommend to the City Commission that they not do that, and we awarded the contract with the condition that we would come back and award the... Mr. Plummer: Has this come before the Off Street Parking Authority for their recommendation? Mr. Gary: Oh, yes, they signed off on it. Mr. Plummer: Okay, I will move it. Mayor Ferre: Okay, it has been moved and seconded. Call the roll. 142 SEP 9 on Id The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 82-836 A RESOLUTION AUTHORIZING AN INCREASE OF $250,000 IN THE CONTRACT BETWEEN THE CITY OF MIAMI AND SHAFER AND MILLER, INC. FOR THE CONSTRUCTION OF THE DOWNTOWN GOVERNMENT CENTER PARKING FACILITY, WITH FUNDS FOR THE INCREASE TO BE PRO- VIDED FROM PARKING REVENUE BOND FUNDS. (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. Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Demetrio Perez, Jr. Vice -Mayor Joe Carollo 74. EXECUTE AGREEtMIIT: ROBERTO S. ROCHA - PFCJECT COOP.DIiIATOP. DOWNTOWN; GOVERI?MErIT PARKING FACILITY. Mayor Ferre: Who is this Roberto Rocha? Who is he, and how did you get him? This is the project coordinator for the Downtown Government Parking Facility. Mr. Cather : He is a construction engineer that we have found to work on the supervision of the construction of the construction of this garage for which you just appropriated the extra $250,000. We found him through ads in the Taper and interviewed by twelve people and finally got him to accept the job. Mayor Ferre: Is he Miami based? Mr. Cather : Yes. Mayor Ferre: He is from Miami? Mr. Cather Yes. Mayor Ferre: What is that? Mr. Cather: He is living in Miami now. Mayor Ferre: Was he Cuban? Cuban -American? Mr. Cather: I don't have his resume in front of me right now. Do you have his resume? Mayor Ferre: Did you interview the man? Mr. Cather: No, Mr. Luther Long, our construction engineer interviewed all of them. Mr. Plummer: Move that we defer it. Mayor Ferre: But, I mean, it just seems to me that this is an important job and don't you think that you ought to at least...is he going to work for you? -143 ld SEP 9 1982 t Mr. Gary: Well, look, you know, you will be penny-wise and dollar foolish, because you are talking about a small sum. Mayor Ferre: Howard, I am not arguing with that! That is terrific. I just want... Mr. Gary: Well, what I am saying is, if you defer it, you know, we need to have somebody out there protecting our interests at the garage. Mayor Ferre: I don't want to defer it. I disagree with J. L. I think that before you hire this guy, the guy he is going to be working for, the boss... I guess you are the boss there, aren't you, Don? Mr. Cather: Yes, sir. Mayor Ferre: You ought to meet this guy before you put him on the payroll. Mr. Cather : I have met him, but I did not interview him and I haven't got my resume in front me. We interviewed tweleve different people, and I reviewed twelve different interviews. I don't remember his exact background, but Mr. Long, who is in charge; who will be his direct supervisor, has interviewed all of them to determine this was the candidate for the job. We have looked for three months for this man. Mayor Ferre: Okay, are you ready to go on that, J. L., or do you want to delay it? Mr. Plummer: Go! Mayor Ferre: Plummer moves. You okay? Mr. Dawkins: I just fail to see how you could have a man, and you interviewed him, and you don't know what the hell he looks like and who he is or what he was, and then somebody else interviewed him and then he recommended to you that this is the best choice, but yet, you don't know who you interviewed! Mr. Gary: Commissioner Dawkins, there are a lot of things that a director has to do, and one of the things that makes a good director is that he has to delegate authority to competent people. What he is saying to is that the person he has resronsible for this is a person who did the interviewing. He has confidence in that person that he would hire the right person to do the job on a professional basis for the City and we are now recommending it. Mr. Dawkins: Well, he didn't interview him and he reviewed the resumes. Mayor Ferre: The only problem that I have on this is that that thing is under construction right now and you should have had a man on that job site at the beginning. Mr. Cather : We had a man on that job site from the beginning and that was Mr. Luther Long, who is overworked now, and that is why he was looking to get this man to take over the work he is now doing. Mayor Ferre: All right, it has been moved and seconded. Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-837 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, HIRING ROBERTO S. ROCHA AS PROJECT COORDINATOR FOR THE DOWNTOWN GOVERNMENT CENTER PARKING FACILITY FOR A PERIOD NOT TO EXCEED ONE YEAR AND AT A COST NOT TO EXCEED $32,263; SAID COST TO BE PAID FROM FUNDS ALREADY ALLO- CATED TO COVER ADMINISTRATION OF THE PROJECT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) -144 SEP 91982 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 Perez, Jr. Vice -Mayor Joe Carollo ON ROLL CALL: Mr. Dawkins: "Yes", and I hope when I can see some Black names and you can move like this in a hell of a hurry and get somebody. NOTE FOR THE RECORD: Agenda Item 63 was withdrawn. Agenda Item 64 b 65 were deferred. 75. AUTHORIZE EXPENDITURE aTE $10,000 LEGAL REPRESENTATION FOR CHALLENGE OF FEDERAL CENSUS. Mayor Ferre: "66". Mr. Gary: That is yours. Mr. Garcia -Pedrosa: That is the formula set out by the court and the order on the consent decree. Mr. Plummer: This is where we have got to pay to defend Ferre, right? Mr. Garcia -Pedrosa: Or prosecuting in his name. Mayor Ferre: Is the one that we are prosecuting against the census...? Mr. Garcia -Pedrosa: This is the census litigation, yes, sir. Mayor Ferre: All right, I want to tell you something, Mr. City Attorney, I am all for it, but this has been a year now, and maybe a few months, and we need to know where we stand on this, because if this thing keeps dragging and dragging and George Knox used to go up there and talk to these lawyers and they consolidated the lawsuit up in New York, or someplace? I mean, you know, that judge can't hold this lawsuit forever, so would you report back to us where we stand? Mr. Garcia -Pedrosa: Yes, sir, I will. Mayor Ferre: Who is defending this on this? Is that the firm that... Mr. Garcia -Pedrosa: Dechert, Price & Rhoads. Mayor Ferre: Who are they? Mr. Garcia -Pedrosa: That is the special league counsel that was appointed by the court in the order to be the league counsel for all the consolidated plantiffs. Mayor Ferre: Is that a well known firm? Mr. Garcia -Pedrosa: It is a Philadelphia firm. Mayor Ferre: Do you know these people? Have you discussed this with them? Mr. Garcia -Pedrosa: No, sir, I don't.... �� A 9�A4� Mayor Ferre: All right, I will tell you. I am willing..... 78 Id Mr. Garcia -Pedrosa: We had no choice-Ana�kat.... "' Mayor Ferre: I understand. I want him to go over it because the judge appointed him and we have no choice. Mr. Garcia -Pedrosa: Yes, sir, the appointment is by the court and the lack of progress is due to the court. Mayor Ferre: Would you report back to us? They are just playing games with us. Would you report back to us? Mr. Garcia -Pedrosa: Yes, sir. Mayor Ferre: And maybe we might ask for the Federal Court to change venue or do something to get this thing off dead center. Mr. Plummer: What are you doing, deferring it? Mayor Ferre: No, I think we have to move. We have to pay. We have no choice. Mr. Garcia -Pedrosa: I think we have an obligation under the order, yes, sir; but I will report back. Mayor Ferre: Is there a motion then on that? Mr. Carollo: Move. Mayor Ferre: It is moved by Commissioner Carollo. Seconded by Plummer. Further discussion? Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 82-838 A RESOLUTION APPROVING AND AUTHORIZING THE EXPENDITURE OF AN AMOUNT NOT TO EXCEED $10,000 FOR EXPENSES INCURRED IN CONNECTION WITH THE LEGAL REPRESENTATION OF THE CITY BY THE SPECIAL LEAD COUNSEL APPOINTED BY THE COURT, JOHN E. FLAHERTY OF THE FIRM OF DECHERT PRICE & RHOADS, IN THE CASE OF FERRE, ETC., ET AL. V. KLUTZNICK, ETC., ET AL., PRESENTLY PENDING AS CONSOLIDATED MULTI -DISTRICT LITIGATION IN THE U.S. DISTRICT COURT FOR THE DISTRICT OF MARYLAND (CASE #MDL 444) WHERE THE CITY HAS CHALLENGED THE FEDERAL CENSUS BUREAU'S DECENNIAL CENSUS FIGURES; SAID SUM BEING IN ADDITION TO THE $3,986.46 PREVIOUSLY PAID SAID LEAD COUNSEL FOR SERVICES FROM MARCH 18, 1981 THROUGH MAY 31, 1982, USING MONIES THEREFOR FROM SPECIAL PROGRAMS AND ACCOUNTS - CONTINGENT FUND. (Here follows body of resolution, omitted herein 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 J.L. Plummer, Jr. Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Mr. Plummer: Why are we paying the attorney direct? Mr. Garcia -Pedrosa: Statutory, Commissioner 61 SEP 9 )qu _ 76. CLAIM SETTLEMENT: EDUARDO GARRIDO Mr. Dawkins: I move 67. Mayor Ferre: All right, Dawkins moved it. Is there a second? Mr. Carollo: Second. Mayor Ferre: Carollo seconds. Further discussion? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 82-839 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO EDUARDO GARRIDO THE SUM OF $35,000 AND TO PETER S. SCHWEDOCK, HIS ATTORNEY, THE SUM OF $9,500 FOR STATUTORY ATTORNEY FEES AND COSTS, IN FULL AND COMPLETE SETTLEMENT OF ALL WORKERS' COMPENSATION CLAIMS OR DEMANDS AGAINST THE CITY OF MIAMI UPON EXECUTION OF A RELEASE RELEASING THE CITY OF MZAMI FROM ALL CLAIMS AND DEMANDS. (Here follows body of resolution, omitted herein 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. Commissioner Miller J. Dawkins Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. 77. CLAIM SETTLEMENT: WILLIAM SCHORK Mayor Ferre: Take up 68. Mr. Carollo: Move. Mayor Ferre: It has been moved. Is there a second? Mr. Dawkins: Second. Mayor Ferre: All right, Carollo moved; Dawkins seconded. Further discussion? Call the roll. -14'7 sl .SEP 91982 El a The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 82-840 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO WILLIAM SCHORK THE SUM OF $30,000 AND TO PETER S. SCHWEDOCK, HIS ATTORNEY, THE SUM OF $7,500 FOR STATUTORY ATTORNEY FEES AND COSTS, IN FULL AND COMPLETE SETTLEMENT OF ALL WORKERS' COMPENSATION CLAIMS OR DEMANDS AGAINST THE CITY OF MIAMI UPON EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS. (Here follows body of resolution, omitted herein 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 J. L. Plummer, Jr. Commissioner Miller J. Dawkins Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. 78. APPOINT INDIVIDUALS TO AFFIRMATIVE ACTION ADVISORY BOARD Mayor Ferre: Now we have the City Affirmative Action Advisory Board. What is this? Mr. Gary: Mr. Mayor, this is merely appointing to the Affirmative Action Advisory Board those bargaining representatives that have been selected. Mayor Ferre: Sergeant Jimmy Burke, F.O.P. representative; Robert Mack, ASCME representative, Hines Breeden, S.E.A. to the Affirmative Action Board. Is there a motion? Mr. Plummer: Move. Mayor Ferre: Moved by Plummer. Mr. Dawkins: Second. Mayor Ferre: Seconded by Dawkins. Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-841 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO THE CITY AFFIRMATIVE ACTION ADVISORY BOARD AND CONFIRMING THE DESIGNATION OF EACH INDIVIDUAL AS BEING SELECTED BY A CERTIFIED BARGAINING REPRESENTATIVE OF CITY EMPLOYEES. (Here follows body of resolution, omitted herein and on file in the Office ofthe City Clerk). EP 9 1982 148 �7G v�. sl Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miller J. Dawkins Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. - -- --------------- NOTE FOR THE RECORD: AGENDA ITEM 70 WAS WITHDRAWN ----------------------------------------------------------------- 79. FORMALIZING RESOLUTION: ALLOCATE $2,000 TO CHILDRENS GENETIC DISEASE. FOUNDATION Mr. Gary: Right, 72 is a formalization of previous action. Mayor Ferre: 72 is the allocation of $2,000 for Special Programs and Accounts for the Children's Genetic Disease Foundation. Mr. Gary: You have already approved it. You are just formalizing by resolution. Mayor Ferre: Oh, I see, O.K. Who wants to move that? Mr. Plummer: I moved it. Mayor Ferre: Plummer moves, Dawkins.... Mr. Dawkins: Second. Mayor Ferre: ....seconds. Further discussion? Call the roll. Mr. Dawkins: What item did I second? Mr. Gary: 72. Mayor Ferre: 72. Mr. Dawkins: O.K. -149 51 SEP 9 igon " r The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-842 A RESOLUTION ALLOCATING $2,000 FROM SPECIAL PROGRAMS & ACCOUNTS - CONTINGENT FUND TO THE CHILDREN'S GENETIC DISEASE FOUNDATION. (Here follows body of resolution, omitted herein 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 J. L. Plummer, Jr. Commissioner Miller J. Dawkins Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. 30. FORMALIZING RESOLUTION: ESTABLISH RULE CABLE COMMUNICATIONS AGENCY INFORMATION TO BE PROVIDED PRIOR TO TRANSFER OF OWNERSHIP Mr. Gary: 73 is a formalization.... Mayor Ferre: Of what? Mr. Gary: .....of previous action. Mayor Ferre: Oh, yes. All right, who wants to move that? Plummer? Mr. Plummer: Move. Mayor Ferre: Plummer moves. Mr. Dawkins: Second. Mayor Ferre: Dawkins seconds. Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-843 A RESOLUTION ESTABLISHING A RULE OF THE CABLE COMMUNICATIONS AGENCY REGARDING INFORMATION TO BE PROVIDED TO THE CITY OF MIAMI PRIOR TO THE TRANSFER OF OWNERSHIP INTEREST IN THE CABLE TELEVISION LICENSEE; PROVIDING FOR A TIME WHEN OWNERSHIP TRANSFERS ARE PRESENTED TO THE CITY MANAGER; PROVIDING FOR WRITTEN DISCLOSURE INFOR- MATION; PROVIDING FOR CONDITIONS UNDER WHICH APPROVAL BY THE CITY COMMISSION IS REQUIRED AND PROVIDING FOR THE FORMS ON WHICH SUCH INFORMATION IS TO BE PRESENTED. (Here follows body of resolution, omitted herein and on file in the Office of the City Clerk). 150 SEP 9IsQ4 •1 _ f Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Miller J. Dawkins Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. 81. FORMALIZING RESOLUTION: APPROVE REQUEST OF GEORGE KUNDE TO TRANSFER 6% OF OWNERSHIP INTEREST IN AMERICABLE Mr. Gary: 74 is formalization of the transfer of stock by Kunde. Mayor Ferre: All right, who wants to move that? Mr. Plummer: Move it. Mayor Ferre: Plummer moves. Mr. Dawkins: Second. Mayor Ferre: Dawkins seconds. Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-844 A RESOLUTION APPROVING THE REQUEST OF GEORGE KUNDE TO TRANSFER SIX PERCENT (6Z) OF HIS OWNERSHIP INTEREST IN AMERICABLE OF GREATER MIAMI, LTD. AS FOLLOWS: (a) FIVE PERCENT (5%) TO AMERICABLE OF GREATER MIAMI, LTD.; AND (b) ONE PERCENT (1%) TO THE WILLIAM HOFFMAN TRUST ACCOUNT. (Here follows body of resolution, omitted herein 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 J. L. Plummer, Jr. Commissioner Miller J. Dawkins Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. -151 SEP 9 Mr. sl 82. FORMALIZING RESOLUTION: CALL & PROVIDE FOR SPECIAL MUNICIPAL ELECTION RESIDENTIAL GARBAGE COLLECTION ' Mayor Ferre: Pick up 74-a. This options as to wording of straw ballot west city.... Mr. Carollo: Move. Mr. Dawkins: Hold it, hold it, hold it. Mayor Ferre: This is your thing, Joe. Mr. Carollo: That is 74-a. Mr. Dawkins: O.K., now, Mr. Manager, I have a copy of the memo from Mr. Patterson. It says: "Shall the City of Miami institute residential combined curb -side garbage, trash, and collection in regular containers with no increase in the waste fee as opposed to an increase of $30 per year under the present system?" Does that mean that we will not raise the $25 fee? Mayor Ferre: That is a good question. ---------------------------------------------------------------------- COMMISSIONER DEMETRIO PEREZ ENTERED THE MEETING AT 7:35 P.M. -------------------------------------------------------------------- Mr. Gary: Yes, beginning in 183-184 and '84-'85. Mr. Dawkins: But nowhere here do you tell them that their fee is going up $25 regardless of how they vote on this. Mayor Ferre: But that...I see your point. But what it is that is in '82. Mr. Gary: That is in .... Mayor Ferre: '82, right now. Mr. Gary: ' 82-' 83. Mayor Ferre: That's right. Mr. Gary: This says '83-184 and '84-'85. Mayor Ferre: Shall the City of Miami ... the only question that I have is, is that enough? By that time Metro will be up to 250 or 230 and you are going to limit yourself to $30 for a two year period? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: Well, this is establishing curb -side, right? Mayor Ferre: Yes. But look, Plummer, look. See, this is the thing that puts the burden on the people of Miami to decide. They decide, now that is their problem. Let them decide, for God's sakes! They want it... they don't want it... let the people of Miami decide. I am not going to get in the middle of this thing. Mr. Carollo: One of the problems that I have with this is the following, Mr. Mayor. The last sentence of Mr. Patterson's proposed wording. Mayor Ferre: Large bulky items, furniture and large appliances and tree cuttings would be collected three times per year? -152 SEP 919" al { i i Mr. Carollo: Right, now there is no way in the world.... Mayor Ferre: Why should we address that issue, Mr. Patterson? Mr. City Attorney, it seems to me this is a straw ballot. Why in the world, Mr. Patterson, are you addressing something like that on a straw ballot? That is something that you decide administratively. What the hell are you putting that on the ballot for? Mr. Gary: Are you talking about the last sentence? Mr. Carollo: What it is doing is ringing a think bell for me. Mayor Ferre: Absolutely! God! Mr. Carollo: If I am going to pay all this money and all these taxes and old Patterson is going to want to collect my trash only three times a year, you are crazy, Patterson! No wayl Mayor Ferre: I'm going to vote against it. Mr. Carollo: I would be going to your door and dumping it there! There is no wayl Mayor Ferre: You had better get yourself another political consultant, Mr. Patterson. Mr. Carollo: Yes, I double the motion, like somebody else would say. Mayor Ferre: You had better get yourself another political consultant, Mr. Patterson. Mr. Carollo: Yes, one that will stay with you the hours he is supposed to. I think you read me, Patterson. Mr. Gary: Would you like to suggest, Mayor.... Mayor Ferre: Yes. Mr. Gary: ....that the last sentence come out? Mayor Ferre: I do suggest that Mr. Carollo's premonition be followed. Mr. Patterson: We will have no problem with that, Mr. Mayor. Mayor Ferre: Then the ballot will read: "Shall the City of Miami institute residential combined curb- side garbage and trash collection in regular containers with no increase in the waste fee as opposed to an increase of $30 per year under the present system during the fiscal '83-'84 and '84-185." Mr. Dawkins: There is nowhere here that says I can vote if I don't want curb -side. Mr. Gary: Yes, it does. Mr. Dawkins: Where? Mayor Ferre: Yes or no; it is a yes, no question. Mr. Gary: You vote no. Mr. Carollo: You put no. Mr. Dawkins: No, no, no. Shall the City of Miami institute residential combined curb -side garbage collection in the regular containers with no increase in the waste fee? -153 SEP 9 1982 1 Mr. Gary: If you don't want it, vote no. Mr. Dawkins: O.K., and if I vote no, I vote no against increases; I'm not voting no against curb -side service. Mr. Gary: No, you are voting no against curb -side. Mr. Dawkins: O.K., I'm going with it. You're right. I'm through. Mayor Ferre: Well, what are we going to do? Mr. Dawkins: Whatever it is I am voting no. Mayor Ferre: Well, do you want to get... Mr. Carollo: No need to, there's Mayor Ferre: ....J.L. Plummer and Demetrio Perez in here. Let's get this over with one way or the other. Let's vote on it. All right, Mr. Perez, I might remind you this is something of your interest. I think you campaigned on a clean City. Mr. Perez: Yes, did you approve it already? Mayor Ferre: No, we are waiting for you to approve it. It is your issue, you and Carollo. Plummer, there he is, come onl You can vote no on this too. Mr. Perez: I already read it. Mayor Ferre: Do you accept that? Make your motion. Or Joe, are you ready to put in a motion? What are you voting on this? Mr. Carollo: I will make my motion. Before I do, I want to make it clear on the record that I am against this trash collection three times a year. There is no way in the world that we are going to be able to limit to that in the City of Miami, Mr. Mayor. Mayor Ferre: That is scratched. Mr. Carollo: Yes, but I don't want to scratch it here, then the minute that this passes, if it does, have Patterson come back and try to do the same thing again. Mayor Ferre: Joe, that is something that this Commission can always control. We have the final say on that. It is a policy matter. I don't think it is an issue right now. Mr. Perez: What is Commissioner Carollo suggesting? Mayor Ferre: Carollo suggested that be scratched because that isn't proper. I think he is totally right. Mr. Carollo: The only change I would make here would be in the area where he puts "under the present systems", just put "under the present back yard collection system". Mayor Ferre: Fine, I accept that. Mr. Carollo: Si its understood clearly. Mayor Ferre: I understand that. "Under the present" and add.... Mr. Carollo: Back yard collection system. Mayor Ferre: What line is that? Mr. Carollo: That is the fourth line, Mr. Mayor. Mayor Ferre: Under the present back yard, what was the other word? -�154 SEP s Is82 sl l } i Mr. Carollo: Collection system. Mayor Ferre: Collection system. I accept that. Mr. Plummer: Wait a minute. Are we reading from the same.... Mayor Ferre: Yes. It would then read as follows: "Shall the City of Miami institute residential combined curb -side garbage and trash collection in regular containers with no increase in the waste fee as opposed to an increase of $30 per year under the present back yard collection system during fiscal year 183-'84 and '84-'857 This system would provide collection of garbage and trash curb -side twice a week." Mr. Plummer: So, in other words, this would be a curb -side system. Mayor Ferre: I think this "proposed" system. Would you add the word "proposed"? Mr. Garcia -Pedrosa: Mr. Mayor, could we take the last sentence and incorporate it into the question? Mayor Ferre: I think that is absolutely much better. Tell me how it would read now. Mr. Garcia -Pedrosa: "Shall the City of Miami institute residential combined curb -side garbage and trash collection twice a week in regular containers with no increase in the waste fee as opposed to an increase of $30 per year under the present back yard collection system during fiscal year 1983-84 and 1984-85? —{ Mayor Ferre: Is that acceptable? That sounds good to me. Mr. Dawkins: No, you are still telling me that if I keep the back yard system, it is going to cost me $30. If I go to the curb -side pick up, it is going to cost me nothing. That is what you are telling me. Mr. Plummer: The way this reads, we are going to a curb -side system, right? Mr. Garcia -Pedrosa: We can take the $30 thing out, but then, you know... that is part of the sales pitch. Mr. Dawkins: But why can't we say: "Do you want to retain your back yard service, or do you want to the curb -side service for $30 a year?" Mayor Ferre: It has to be yes or no. Mr. Dawkins: Yes or not Mr. Gary: No, but what you are saying is not a yes or no question. Mr. Dawkins: But what you have here to me is no, I mean... it is a matter of semantics, you know, and interpretation. Mayor Ferre: You are voting no anyway. Mr. Dawkins: That's right. And I will be out there campaigning in the streets for everybody else to vote no. Mayor Ferre: Just tell the fellows that are going to run next year who are going to worry about this. All right, what is the will of this Commission? Let's go. Mr. Perez: O.R., I move. Mayor Ferre: Wait, it isn't yours. It is Joe's. That is his baby. I know that it is your issue, but it is.... 155 SEP 9 1982 sl Mr. Perez: No, he already rectified, no? Mr. Carollo: Well, I thought I was anti -abortion, until I saw this. My God! They have aborted my motion! Mayor Ferre: Come on, what do you want to do? Mr. Carollo: If I recall what I first... Mayor Ferre: To put it into the vernacular, fish or get off the pot, would you? Mr. Plummer: Well, Ferre was chopping up babies this morning. So, what difference does.... Mayor Ferre: Come on. Let's go! What were the other...? Let's go! Move it! Move whatever you want. But let's move something. Mr. Carollo: Even if I may be voting against this, and campaigning against it.... Mr. Plummer: Don't do it and save your time. Mr. Carollo: I will let the people decide whether they want to vote for this or against it. Mayor Ferre: Commissioner Carollo moves; Commissioner Perez seconds. Further discussion? Read what we are voting on, would you please Mr. City Attorney, one more time? Mr. Garcia -Pedrosa: Yes, sir. The question is: "Shall the City of Miami institute residential combined curb -side garbage and trash collection in regular containers...." I'm sorry. Let me start again. "Shall the City of Miami institute residential combined curb -side garbage and trash collection twice per week in regular containers with no increase in the waste fee as opposed to an increase of $30 per year...." Mayor Ferre: I don't like that "as opposed". Could we not say "or"? Isn't that better English? Or. Mr. Garcia -Pedrosa: Well, see, sir, what we are doing is we are combining the systems.... Mayor Ferre: O.K., I got you, O.R., as opposed to an increase of $30 per year. Mr. Garcia -Pedrosa: "....under the present system during fiscal year 1983-84 and 1984-85." Mayor Ferre: As opposed.... Mr. Garcia -Pedrosa: Under the present back yard collection system. Mayor Ferre: ....to an increase of $30 per year under the present back yard collection system during fiscal year. See, I don't like the sequence of that because it is not clear. It is not good English. As opposed to an increase during the...of $30.... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Ferre: Hey, Mr. Garcia -Pedrosa, as opposed to an increase under the present back yard collection system of $30 per year during the fiscal '83-'84 and '84-'85. That is much better. That is much clearer. Do you follow me? Mr. Garcia -Pedrosa: Yes, sir. 156 SEP 91982 I Mayor Ferre: As opposed to an increase under the present system, back yard collection system of $30 a year during fiscal year '83-'84 and '84-'85. Now, is that a total of or $30 per year? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Ferre: What? Unidentified Speaker: Per year, for the year. Mayor Ferre: Then why did you not say that? Oh, per year. Mr. Garcia -Pedrosa: We have, sir. Mayor Ferre: O.K., I got you. All right, is that acceptable now in King's English? Mr. Carollo: King or Ween? Mayor Ferre: Call the roll. Well, it is the Queen's English now. You are right. That is the proper way, it is the Queen's English. Mr. Carollo: I would just like to... did somebody second it? Mayor Ferre: Yes. Mr. Perez: Yes. Mr. Carollo: Then we are all open for discussion. I'd like to give Peter the opportunity to.... Mayor Ferre: O.K. Peter. Are you going to vote for or against it? Mr. Peter Jeoffrey: Peter Jeoffrey. I'm going against it for very simple... But what you are doing now is going to give me better service. You are saying you are going to give me trash twice a week pick up. Correct? Mayor Ferre: Right. Mr. Jeoffrey: No matter how much I put out there. If I cut three trees, you are going to pick them up. Correct? Mayor Ferre: That is the way it says it. Mr. Jeoffrey: O.K. You can't even pick it up now, but once every four weeks. How are you going to get to pick it up twice a week? Mr. Gary: Well, we will remember that when we negotiate your salaries. Mr. Mayor, the City Commission has asked us to give a management decision in terms of what we think is the best way to manage the Sanitation Department. This is our recommendation. Mr. Carollo: Are you going to trade with Clarence Patterson for a year? Mayor Ferre: Are we ready to vote now? Are we ready to vote? Plummer, are you ready? Mr. Plummer: I have been ready for the past four years. I am not changing my vote. Mayor Ferre: Ah, really? O.K. Call the roll. You are running next year, let me remind you. Mr. Plummer: I am well aware of that. 157 SEP 91982 sl r The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 82-845 A RESOLUTION CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 2ND DAY OF NOVEMBER, 1982, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF MIAMI FOR THEIR APPROVAL OR DISAPPROVAL THE CITY'S INSTI- TUTION OF RESIDENTIAL COMBINED CURBSIDE GARBAGE AND TRASH COLLECTION, TWICE PER WEEK, IN REGULAR CONTAINERS, WITH NO INCREASE IN THE WASTE FEE, AS OPPOSED TO AN INCREASE UNDER THE PRESENT BACKYARD COLLECTION SYSTEM OF $30 PER YEAR DURING FISCAL YEARS 1983-84 AND 1984-85. (Here follows body of resolution, omitted herein 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. Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: *Commissioner J.L. Plummer, Jr. Commissioner Miller J. Dawkins i i ABSENT: None. ON ROLL CALL: * Mr. Plummer: I have been opposed to curb -side pick up for four years. I am continuously opposed to curb -side pick up. Mayor Ferre: Before I vote I want to quote a Commissioner who I think for about 15 or 20 times in the past since I have served with him for a long time, used to say: "Hey, I don't know whether I like the idea, but I am always for letting the people of Miami have a right to make a decision." Mr. Plummer: No, I have always made the statement... Mayor Ferre: I did not say who that person was. Mr. Plummer: Well, if the shoe fits, wear it. It fits. And let me tell you something. Now, under rebuttal, I have always served with the Mayor who has had a short memory and he still does. If there is any one thing that the people of this community have three times that I know of, spoken very loudly and long to this Commission in the past, they have spoken: no curb -side pick up. Mayor Ferre: Plummer, I'm pretty sure that.... Mr. Plummer: All you are doing is going with a straw ballot. Mayor Ferre: That's right. Mr. Plummer: O.K.? As far as I am concerned the people have had more than ample opportunity. I happen to agree with them. I am voting against the motion. Mayor Ferre: Plummer, let me tell you what that does. I hate to do this on the record, but it is so obvious that I'm sure that anybody can figure it out. I intend to run for public office next year. As I understand it, I think you do too. 1 .SEA 919o,% sl Mr. Dawkins: I thought you were not running anymore. Mayor Ferre: well, I say that every year. Mr. Plummer: Now, oh, no, no, no, I have the article that says that if the districts pass, you are filing a motion with the Clerk that you will not run. Mayor Ferre: No, that was for strong mayor. That's why I withdrew that. Mr. Plummer: No, no, not Gjebre and I wrote that article correctly. Mayor Ferre: No, not That was for strong mayor. That is why I withdrew it, so that I could run again. So anyway.... Mr. Plummer: Oh, no, I have the Clerk's office staying open late at night. Go ahead. Mayor Ferre: Now, the point I'm trying to make to you is that when you and I run next year, the people will have decided this issue. Either they are going to be paying $30 more and when they get the bill, they are going to say: "Bey, don't get angry with me, you guys voted for that." Now, O.K.? Mr. Plummer: No, I am not going to tell them that, Mr. Mayor. You might tell them that and get defeated, but I'm going to tell them the truth. Mayor Ferre: What is the truth? Mr. Plummer: The truth of the matter is that we are giving much superior service for about $100 less than what they will pay in an increased fee in the City of Miami. Mayor Ferre: O.K. Mr. Plummer: I think the people in this community have spoken very, very long.... _ Mayor Ferre: O.K., I think that is a good line. I might use that one too. Can we, can we.... Mr. Plummer: Stick around. Mayor Ferre: Can we move along now? NOTE FOR THE RECORD: Agenda item 74a (2) was not considered. ----- ------------------- ----------------------- ------- -- Mr. Dawkins: While we are on the garbage, may I ask a question? Mayor Ferre: No, we have already voted on that. Mr. Dawkins: I said I wanted to ask a question. Mayor Ferre: Go ahead. Mr. Dawkins: Why is it that we, the City of Miami, does not collect from private entities that will pay for having their garbage picked up? I heard Commissioner Plummer say constantly in the budget hearings that we need to find ways for departments to supplement the general fund. Is there any written law that prohibits us from collecting garbage from private ... like condominiums and hotels and what have you? Mr. Plummer: I think, Miller, I was around when we voted the downtown area to switch form City operation to private haulers. I think one of the reasons was economics to begin with. They could do it cheaper and we would get out cheaper. But I think also the hours of collection could be regulated more with.a private hauler. They could provide bigger bins, if you did not want 37 bags on the sidewalk where one gar -bin could be established and they had...we did not have the facility to pick up a gar bin except a given size which we use in apartments. I believe that was the strength of the argument that switched us over to the downtown, ato the private hawlers.0 Mr. Carollo: I just have one more request and I would rather make it in the open, so there are no mistakes later on. Mr. Patterson, I would like for every member of the Commission to be informed if you happen to go on a campaign promoting this.... Mr. Patterson: I have no objections to that, Mr.... Mr. Carollo: By that I mean if you go to radio stations, newspapers, television stations. I would like to have ample opportunity given to each member of the Commission before you go there, so that we can be listening in or maybe stop by. Mr. Patterson: Be there with us to help support it. I have no problem with that, Commissioner Carollo. Mr. Carollo: Very good. Thank you. Mr. Plummer: Yes, call me. 83. FIRST READING ORDINANCE: CHARTER AMENDMENT #2 DISTRICTS, BOUNDARIES, ELECTION DATES, ETC. Mayor Ferre: We are now on 74b. We are on 74b, gentlemen. Is this acceptable to you? Are we ready to go? Mr. Plummer: Well, I have a question, Mr. Mayor. Mayor Ferre: Yes, sir? Mr. Plummer: This is the one, the 'a' portion relates to the boundaries, correct? Mayor Ferre: Mr. City Attorney? Mr. Garcia -Pedrosa: Yes, sir. Mr. Plummer: Mr. Mayor, I am not prepared to vote on that until I see the boundaries. Mr. Carollo: The boundaries to what? Mayor Ferre: See, you are going to kill the whole thing, J.L. because we are up against a time constraint. This is the way we voted for this thing. The way this thing actually states it, and I don't think we can change it, frankly, because of the time constraints, is that boundary committee won't meet for nine months. Since it won't come into effect until next year. Mr. Garcia -Pedrosa: Let me remind the Mayor that you appointed an interim committee this morning and directed that it come back with a proposed boundary recommendation prior to the November 2nd election. Although that will not be anything other than a recommendation of a proposal at that point. Mayor Ferre: This is going to be the same committee that is going to be dealing with it later on. I assume that the Miami Herald editorial board, the Miami News editorial board, and the people are going to be voting and will be satisfied that we are not going to be gerrymandering. Are we ready to vote on this, or not? 160 sl SEP 919" i Mr. Carollo: Out of the three mentioned I only care about one group, being assured that we are not going to gerrymander. Mayor Ferre: Yes, but I want to pass this. We need to get the districting in this City. I mean having partial district elections. Are you ready to go so that we can move along? Mr. Plummer: What is this second portion? What does that relate? Mr. Garcia -Pedrosa: Which portion, Commissioner? Mr. Plummer: The second resolution. Mr. Garcia -Pedrosa: Charter Amendment number 3? Mr. Plummer: No. This speaks of the boundaries. Of what does this speak? Mr. Garcia -Pedrosa: That is Charter Amendment number 3, which sets up the even numbered years for municipal elections to coincide with Federal and State general elections; and extends by one year the current terms of office of the Mayor and Commissioners in order to fall into pattern. Otherwise we would not be able to implement the purpose of the amendment. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. AT THIS POINT THIS DISCUSSION IS MOMENTARILY DEFERRED. Mr. Carollo: Mr. Mayor, while we are deciding on that, I understand that I have two members to the Boxing and Wrestling Board to name? I have the names here, if I may read them. Armando Galvan and Santiago Villazon. Mayor Ferre: Santiago Villazon is the one you recommend. Mr. Carollo: And Armando Galvan. Mayor Ferre: All right, and I will proffer Dr. Jose Rodriguez Acosta and Armando Merino. I have one more and to appoint. Do you have a name? Does anybody have a recommendation? Mr. Carollo: How big of a board? Mayor Ferre: I will give you another name whenever I can.. Mayor Ferre: Now, Mr. City Attorney, where are we now? Do you want....? Mr. Garcia -Pedrosa: We are on the three Charter amendments, Mr. Mayor, which implement this Commission's prior ordinance.... Mayor Ferre: Is that an ordinance or a resolution? Mr. Garcia -Pedrosa: These are ordinances, sir, because these will be going on as Charter amendments, if you adopt and pass them today and have a second reading of them on the 17th as well, they will go on the November.... Mayor Ferre: So we have an opportunity to discuss this on the second.... Mr. Garcia -Pedrosa: Yes, sir. You must, like the procurement one, you must pass this today and on the 17th, if it is going to go on the November ballot. Mayor Ferre: All right, does somebody want to move these things? Does anybody want to move these things? Mr. Carollo: Move. Sl SEP 91982 Mayor Ferre: Carollo moves. Do you want to second? Mr. Perez: I second. Mayor Ferre: Perez seconds. Further discussion? Read the ordinance on first reading only. Mr. Plummer: Let the record reflect that I do not have a copy of that ordinance before me. Mr. Perez: And I do not have a copy also. Mr. Plummer: You have one? Mr. Perez: No. Mr. Plummer: The City Clerk does not have one. Mayor Ferre: The problem is that if you make that statement into the record, J.L., somebody could challenge this thing legally. Mr. Garcia -Pedrosa: Why don't I show you, Commissioner.... Mayor Ferre: Would you make sure that everybody has a copy of this, so that we can be legal? Mr. Garcia -Pedrosa: Mr. Mayor, it is all under a cover memorandum that I sent to the Commission.... Mayor Ferre: The problem, look, Jose, you are new to this Commission, so let me explain to you. That is nice. I am glad you sent me a _ memorandum. Now, I guarantee you that nobody in my office right now or even tomorrow could find out where the hell it is. It is probably sitting on top of a stack of things to be read. In the future, when you have something like this, send your memorandum to the Members of the Commission, but also deliver it to Mr. Jack Eads section for the insertion into the packet the exact ordinance which is going to be read. Because otherwise what happens is this. Miller Dawkins, Carollo, and everybody else here has it somewhere in their office but it is not before us right now. And then, when Plummer makes the statement he just made in effect, if somebody were to challenge this, this would be illegal, because there have been Supreme Court of Florida rulings that an ordinance must be before the Commission when it votes it and it must be available to members of the public. That is the legal interpretation of every City Attorney that we have dealt with in the last 15 years that I know of. So would you get a copy of it, Mr. Clark. You know better. Get a copy before the Members of the Commission before we vote now that Plummer has made that statement into the record. Mr. Garcia -Pedrosa: Let's just put it in front of them. Mayor Ferre: Have it copied! If you don't have any other copies, go to the machine and copy it; and copy enough for members of the press. Mr. Garcia -Pedrosa: Why don't we defer until we get the copies made, Mr. Mayor. Mayor Ferre: We are in the middle of a vote. There is a motion and a second on the floor. Mr. Plummer: There has been no vote. Mr. Garcia -Pedrosa: I think all I did was read the first one. Mayor Ferre: Fine, that's wonderful. Pass this so I have posession of it. Mr. PLummer: Mr. City Attorney, page 3; item 3, terms of office and recall. Bring to my attention the area pertaining to recall. 162 1982 SEP 9 .l a 04 31 Mayor Ferre: That has not changed. We did not vote on that. Mr. Robert Clark: One sentence refers to vacancies. It does not go at all into the procedure but the original Charter mentions the word 'recall' and has one line with reference to it. It does not treat the recall, but says that.... Mayor Ferre: Say it into the record, Bob. Mr. Clark: The term recall is simply provided for in the existing Charter section. There is nothing more than a reference as to vacancies., resulting from recall. It does not go into recall procedure. It does not treat the recall process at all. Mayor Ferre: Mr. Clark, into the record, does this ordinance do anything,•. I mean anything different than what was moved by a motion by this Commission after the conclusion of all those public hearings. Mr. Clark: Nothing, nothing more. It exactly mirrors and reflects the action of the City Commission, the prior action. Mayor Ferre: All right, there is nothing new or different. Mr. Clark: No, sir. Mayor Ferre: All right, we will also have an opportunity to vote on it on second hearing on the 17th. Is that correct? Mr. Garcia -Pedrosa: Yes, sir, that is right. Mayor Ferre: Can we now vote on this item? Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE SETTING FORTH A PROPOSED CHARTER AMENDMENT, KNOWN AS "CHARTER AMENDMENT NO. 2", AMENDING SECTIONS 4, 8, 18-A AND 13-B OF THE CITY CHARTER; INCORPORATING THE METHOD OF DISTRICT ELECTIONS FOR MEMBERS OF THE CITY COMMISSION OF THE CITY OF MIAMI; ESTABLISHING A BOUNDARIES COMMITTEE WHICH SHALL BE INITIALLY IMPANELLED NINE (9) MONTHS PRIOR TO THE NEXT GENERAL ELECTION TO DETERMINE THE ORIGINAL DISTRICTS, AND WHICH COMMITTEE SHALL BE REIIMPANELLED AGAIN IMMEDIATELY AFTER THE OFFICIAL RESULTS OF EACH FEDERAL DECENNIAL CENSUS TO REDEFINE SUCH DISTRICTS; INCREASING THE NUMBER OF COMMISSIONERS FROM FIVE (5) TO SEVEN (7); AND ESTABLISHING THE TERMS OF EACH COMMISSIONER AND THE DATE AND MANNER OF THEIR ELECTION; REPEALING ALL CHARTER SECTIONS OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY CLAUSE. Was introduced by Commissioner Carollo, and seconded by Commissioner Perez and passed on its first reading by title by the following vote: AYES: Commissioner Demetrio Perez, Jr. Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: Commissioner J.L. Plummer, Jr. Commissioner Miller J. Dawkins ABSENT: None. Mayor Ferre: Let the record reflect that a copy of this ordinance is before us and available to any member of the public who requests it. Mr. Perez: This is on first reading? 153 SEP 91982 0 A Mayor Ferre: This is on first reading. It will come up on second reading on the 17th. You will have plenty of time to read it and if you want to amend it, you will have the opportunity to amend it on second reading. All right, now, are we through? Mr. Garcia -Pedrosa: No, air. That is only Charter amendment number 2; we have 3 and 4 to go. Mayor Ferre: All right, where are 3 and 4? All right, we will come r back to 3 and 4 in a little while. 84. CHANGE DATES OF CITY COMMISSION MEETINGS DURING NOVEMBER 1982 Mayor Ferre: Mr. Manager, what item do you want us to take up? Mr. Gary: Item J. Mayor Ferre: Item J is the rescheduling the City Commission meetings in November 4th and 18th. Is that because of Thanksgiving? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Ferre: Would you explain to me why we are doing this, Mr. Manager? Explain to me why we are changing the dates. Mr. Gary: Because of holidays. Mayor Ferre: Why November the 4th? Mr. Gary: November Ilth is a holiday, so we moved it one week up both times. November 25th is a holiday, so we moved it up one week. Mayor Ferre: What is November the llth? Mr. Ongie: Veterans' Day. Mayor Ferre: Howard, aren't we going to Africa? Mr. Gary: I just found that out. Mayor Ferre: When is it we are going to Africa? Unidentified Speaker: The tentative departure date will be the 13th. That is a Saturday. Mr. Dawkins: We depart the 13th? Unidentified Speaker: November the 13th. Mr. Dawkins: And return when? Mayor Ferre: After Thanksgiving. Unidentified Speaker: We will be back before Thanksgiving. Mayor Ferre: Before or after. Some of us may want to stay a little bit longer and take advantage of the fact that we have a holiday. Mr. Gary: When is it? From when to when? -164 sl SEP 91982 0 0 Mayor Ferre: Can we have the meeting on the 4th and the llth. Oh, the llth is a holiday. How about the 4th and the 12th? They have to have time its between. Mr. Gary: How about the 4th and the loth or the 4th and the 12th? Mayor Ferre: Does anybody have any problems with that? Plummer, would you rather have it on a Wednesday or on a Friday? INAUDIBLE BACKGROUND CONSENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Ferre: We are talking about November the 12th. So when do you want to have it? The 4th and the 12th; is that it? Mr. Gary: Yes. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Ferre: All right, there is a motion on the floor that the two meetings of November be held on the 4th and the 12th. Is that correct? Plummer moved. Who seconds? Mr. Dawkins: I second. Mayor Ferre: All right, further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-846 A RESOLUTION RESCHEDULING THE REGULAR CITY COMMISSION MEETING OF NOVE!4BER 11, 1982 TO TAKE PLACE ON NOVEMBER 4, 1982 AT 9:00 A.M.; FURTHER RESCHEDULING THE REGULAR CITY COMMISSION MEETING OF NOVEMBER 25, 1982 TO TAKE PLACE ON NOVEMBER 10, 1982 AT 9:00 A.M. (Here follows body of resolution, omitted herein 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 J. L. Plummer, Jr. Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. ON ROLL CALL: Mayor Ferre: Excuse me, I have a conflict on the 12th. There is no way I can do it. Can we do it on the 4th and the loth? Can we do it on the loth? Mr. Gary: Yes, sir. Mayor Ferre: All right, I vote yes for the 4th and the 10th. 165 SEP 91982 Mr. Plummer: That's both meetings for November? Mayor Ferre: Yes, the 4th and the loth. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. 85: EMERGENCY ORDINANCE: INCREASE APPROPRIATIONS TO CONVENTION Mayor Ferre: While we are waiting for the typist, Joe, we were waiting for you on item number 29, and Demetrio. Mr. Dawkins: Can we get to 20? Because we have some people sitting out there for 20 before you get to 29. Mayor Ferre: Item 29 is the increase in appropriation, Mr. Grimm. This is the City of Miami/University of Miami/James L. Center, blah, blah, blah. The only change that we need to have on this is instead of being $2 million.... Mr. Garcia -Pedrosa: I'll change anything you want but that is not what was moved. Mr. Vince Grimm: Seven, you need three million three if you include the Miro. Mayor Ferre: $3,322,000. Do you want to move it that way, Demetrio? Mr. Perez: What is the total over all $10 million? Mr. Gary: Hold it, now. Mayor Ferre: $3,322,000. Mr. Gary: The only problem is, where are you getting the money from? You have to identify that. Mayor Ferre: Well, you have to get it from the same sources you got this one.. Mr. Gary: No, that same source.... Mayor Ferre: What? Mr. Gary: No. Mr. Perez: Why did the Manager recommend? Mr. Plummer: He didn't. Mr. Gary: Mr. Mayor. Mr. Plummer: No, he recommended the two million some.... Mayor Ferre: I know, but the Manager, you and Dawkins voted agaist it, Plummer, but.... Mr. Plummer: Are you recommending the statue be included? Mr. Gary: In this? 166 SEP 9 1980 31 f Mr. Plummer: Yes. Mayor Ferre: No, because he is not for it. But this Cofmmission in its majority is for it. Mr. Plummer: No, he said he had to have the money. Mr. Gary: No, that's not my position...that I'm not for it. My position is that we ought to make sure that we take care of the facility and essentials first before we.... Mayor Ferre: Fine, I'm willing to do it that way. That the first $20722,000 can be for this and that the subsequent $600,000 be for the statue. I will go along with that. Mr. Gary: I will recommend.... Mr. Plummer: I move the agenda item as is. Mayor Ferre: Hey, Howard, let's not play games. You tell me what you recommend and I will follow your advice. Mr. Gary: I recommend that you pass it as is. At the next City Commission Meeting we will have another one to deal with the statue. Mayor Ferre: Fine. I mean I do not want to be snookered on this thing. As long as you tell me that up front you are doing this on a good faith basis, I an with you. All right, is there a motion on this as is? Mr. Perez: I move. Mr. Plummer: The motion as in the agenda? Yes, I will move it. Mayor Ferre: Plummer moves, Demetrio Perez seconds. Further discussion on the emergency ordinance? Call the roll. Yes, sir, on item 29. AN ORDINANCE ENTITLED AM EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 9353, ADOPTED NOVEMBER 19, 1981, THE CITY'S CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE FOR FISCAL YEAR 1981-1982; AS AMENDED; BY INCREASING APPROPRIATIONS FOR CITY OF MIAMI/UNIVERSITY OF MIAMI--JAMES L. KNIGHT INTERNATIONAL CENTER AND PARKING GARAGE (7034) (ITEM X.B.I.) IN THE AMOUNT OF $2,722,000 FROM A TRANSFER FROM DOWNTOWN PEOPLE MOVER PROJECT (ITEM IX.B.(i)18.)-- $1,300,000, AND FROM CAPITAL IMPROVEMENT FUND FY 1981 FUND BALANCE-41,422,000; AND INCREASING THE APPROPRIA- TION OF UNAPPROPRIATED FUNDS THAT WERE ON DEPOSIT WITH THE CITY AT THE TIME OF BOND SALE OF $1,730,000, AND FROM DADE SAVINGS ESCROW ACCOUNT-44,854,000, AND FROM A LOAN FROM THE CAPITAL IMPROVEMENT FUND--$750,000 (THEREBY INCREASING THE APPROPRIATION FOR THE CITY OF MIAMINNIVERSITY OF MIAMI--DAMES L. KNIGHT INTERNA- TIONAL CENTER AND PARKING GARAGE IN THE TOTAL AMOUNT OF $10,056,000); CONTAINING A REPEALER PFOVISION AND SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY AND DISPENSING KITH THE READING OF THIS ORDINANCE ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE COMMISSION. Was introduced by Commissioner Plummer and seconded by Commissioner Perez for adoption as an emergency measure and dispensing with the require- ment of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor Joe Carollo Mayor Maurice A. Terre NOES: None. ABSENT: Commissioner J.L. Plummer, Jr; �6ry SEP 91982 i r • sl Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Perez , adopted said Ordinance 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. SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9484 The City Attorney read the ordinance into the public record and an- nounced that copies were available to the members of the City Commission and to the public. Mayor Ferre: Now, Howard, you are bringing this up at the next meeting which is on the 23rd, on that Miro statue. Mr. Gary: Yes. Mayor Ferre: O.K. 86. WAIVE REQUIREMENT OF SEALED BIDS: EMERGENCY PURCHASE OF CHAIRS, TABLES, DOLLIES, TRUCK PALLETS, ETC. FOR MIAMI CONVENTION CENTER Mr. Gary: Item 60, please. Mr. Dawkins: Can we get 20 because I have some people sitting here. Mayor Ferre: I thought we had done 20. Do you want to do that? Mr. Dawkins: After the one the Manager has. Mayor Ferre: Howard, what do you want to do now? Mr. Gary: Item 60, please. Mayor Ferre: 60? Mr. Gary: Yes, sir. Mayor Ferre: We also have not done 58, or did we do 58? Mr. Ongie: Yes. Mayor Ferre: 60 we have done. Mr. Gary: No, we have not. Mayor Ferre: All right, are we ready to vote on this? Mr. Gary: Yes, we have four. Mr. Carollo: 63 or 587 Mayor Ferre: 60. Is somebody going to make a motion on that? 168 SEP 91982 Mr. Dawkins: I move it. Mayor Ferre: All right, Dawkins moves. Is there a second? Mr. Gary: We need this for the convention. Mr. Perez: What is the legal recommendation of waiving the requirement for sealed bids? Mayor Ferre; Is this O.K. legally? Mr. Garcia -Pedrosa: There is no problem with this. Mr. Perez: All right, I second it. Mayor Ferre: Seconded. Further discussion? Call the roll on 60 before Plummer gets here. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 82-847 A RESOLVTION WAIVING THE REQUIREMENT FOR FORMAL SEALED BIDS AND AUTHORIZING THE E MMM PU1UiASE OF 1,100 FOLDING CHAIRS, 717 TABLES, 43 DOLLIE TRUCKS AND 22 TRUCK PALT= FROM KRUEGGER MANUFACTURING CO. AT A COST OF $106,260.80; 1600 STACKING CHAIRS AND 6 DOLLIES FR34 SOUTHEAST OFFICE IR=ORS AT A COST OF $108, 946.00; 108 TABLES FROM THQMAS RUFF 6 CO. AT A COST OF $8, 360.00; 6 TURNSTILES F 0.4 PEKEY MANUFACTURING 00. AT A COST OF $7,650.00; 500 ITEMS OF pORTATABLE STAGING F W SI00, INC. AT A COST OF $108,838.00; FOR THE CITY OF bUAMI/UNIVERSITY OF MIA!C JAMES L. KNIGHT INTE MTIONAL CENTER; AT A TOM COST OF $340,054.88; AISA- CATING FUNDS THEREFOR FROM THE CCNVFNl'ICN CENTER BOND FUM; AUTHORIZING 00 CITY MANAGER AND THE PUPOWING AGENT 70 ISSUE THE PURCHASE ORDER FOR THIS EQUIPMENT. (Here follows body of resolution, omitted herein 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 Vice Mayor Joe Carollo Mayor Maurice A. Ferre HOES: None. ABSENT: Commissioner J.L. Plummer, Jr. ­169 i1 SEP 91982 87. EXECUTE AGREEMENT: BRANDT LAURSEN - COMPUTER CONSULTANT SYSTEM PERFORMANCE REVIEW Mr. Gary: Can I get mine in first? 53? Mr. Dawkins: O.K. Mayor Ferre: Take up 53. Mr. Dawkins: Go ahead. Mayor Ferre: Is there a motion on that? Mr. Dawkins: Move it, whatever it is. Mayor Ferre: Is there a second? Mr. Dawkins: No, wait a minute. Plummer, we are going with computers. Mr. Plummer: No, no, no, no, no, no. Mr. Dawkins: Plummer, we are going with computers. Mr. Plummer: I did you a favor and walked out of the room one time. Don't you zap me. No, sir. Mayor Ferre: Is that being withdrawn? Mr. Plummer: That's right. 53 and 63. Wait a minute, I might stand corrected, hold on. Mayor Ferre: We already did 63. Mr. Plummer: O.K., go with 63. Mayor Ferre: All right, Plummer moves 53. Mr. Plummer: No, no! Mayor Ferre: Miller Dawkins moves 53. Demetrio Perez seconds it. Is there further discussion? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 82-848 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, SUBJECT TO THE APPROVAL OF THE CITY ATTORNEY AS TO FORM AND CORRECTNESS, WITH BRANDT LAURSEN, A COMPUTER CONSULTANT, TO PROVIDE "SYSTEMS PERFORMANCE REVIEW" AT AN HOURLY FEE OF $45, SAID FEE NOT TO EXCEED A TOTAL COST OF $35,000; ALLOCATING FUNDS THEREFOR FROM THE 1981-82 OPERATING BUDGET OF THE DEPARTMENT OF COMPUTERS. (Here follows body of resolution, omitted herein and on file in the Office of the City Clerk). -1'70 SEP 9 »82 1 0 j F sl 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. Ferre NOES: Commissioner J.L. Plummer, Jr. ABSENT: None. 88. DISCUSSION ITEM: RECOMMEND TO SENATOR PAULA HAWKINS AN ADDITIONA PROVISO IN A BILL TO PAY WAGES TO CETA TRAINEES Mayor Ferre: Is there anything else now that you need Howard, before we Ret to acorn? Mr. Gary: Only one other thing that I think is important. We would like to get the City Commission to recommend to Senator Paula Hawkins to, as she considers the CETA bill, that she continues to add the provision that we will pay wages or stipend to the trainees. Mayor Ferre: To the what? Mr. Gary: To the trainees. She is recommending that we reduce the stipend, which we think will jeopardize the program. E Mayor Ferre: I would recommend that you use Commissioner Carollo as a committee of one to talk to Paula Hawkins. I am afraid that a resolution from this Commission is not going to impress Paula Hawkins very much. Joe might be able to get through, but I don't know of anybody else on this Commission. I tell you, I don't think she is going to pay much attention to Miller Dawkins or Maurice Ferre. I know she won't pay any attention to Plummer or Demetrio Perez. 89. 1ST AND 2ND READING ORDINANCE: INCREASE FUNDING FOR ELIZABETH VIRRICK GYM RENOVATIONS PHASE II Mayor Ferre: What else do you have, Howard? Mr. Gary: We want to comply with the City Commission's directive, particularly Commissioner Plummer's, for item 41 to provide air circulation at Virrick Gym. Mr. Plummer: You know how I feel. I'm very much in favor of that. Do you think that is going to do it? That is the question? Unidentified Speaker (OFF MIKE); That will help. Mr. Plummer: Yes, but I don't want to do a band aid to a serious problem. Mayor Ferre: A band aid is better than nothing. Mr. Gary: Well, appropriate $100,000. .' 1'71 SEP 91982 Mr. Plummer: But what I don't want to spend the 25 and come back later and spend 70 and throw out the 25. Mr. Grimm: We are not going to air condition that place. Mr. Plummer: I understand you are not air conditioning. Mr. Grimm: We are going to try to do is to move as much air as we possibly can through there mechanically with big fans. Mr. Plummer: Do you feel all right with that? I will move it. Mayor Ferre: Move what? Mr. Plummer: 41. Mayor Ferre: You move item 41. Is there a second? Seconded by Commissioner Demetrio Perez. Mr. Dawkins: Yes, second. Mayor Ferre: Q.K., it has been moved and seconded. Read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE 9353, ADOPTED NOVEMBER 12, 1981, THE CAPITAL IMPROVEMENT APPROPRIATION ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1982, AS AMENDED, BY INCREASING THE FUNDING FOR IX.B.ii.4 ELIZABETH VIRRICK GYM RENO- VATIONS - PHASE II BY $25,000 AND DECREASING AND TRANSFERRING FROM IX.B.ii.15 HENDERSON PARK BUILDING RENOVATIONS IN THE SAME AMOUNT CONTAINING A REPEALER PROVISION AND/OR SEVERABILITY CLAUSE; AND DISPENSING WITH THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins, for adoption pursuant to Section 4, Paragraph (f) of the City Charter dispensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the Commission; AYES: Commissioner J. L. Plummer, Jr. Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. Whereupon the Commission, on motion of Commissioner Plummer and seconded by Commissioner Dawkins, adopted said ordinance by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor Joe Csrollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9485 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Com- mission and to the public. `1'72 SEP 919bpi " J 90. EMERGENCY ORDINANCE: INCREASE FUNDING FOR PRINT SHOP FOR LEASING OF HIGH VOLUME COPIER Mr. Gary: Items 40 and 42, please. Mr. Plummer: Move it. Mayor Ferre: Plummer moves 40. Mr. PLummer: The Eddie Cox heart bill. Mayor Ferre: Dawkins seconds it. Further discussion? Read the ordinance. Call the roll. Mr. Ongie: That was supposed to be item 40, and I think you read 42. Mayor Ferre: No, sir. Mr. Plummer: No, it is 42. Mayor Ferre: That was item 42, that was moved.... Mr. Ongie: O.K. AN ORDINANCE ENTITLED AN EMERGENCY ORDINANCE AMENDING SECTIONS 2 AND 5 OF ORDINANCE NO. 9321,.kDOPTED SEPTEMBER 24, 1981, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1982, AS AMENDED, BY APPROPRIATING THE AMOUNT OF $55,000 INTO THE INTERNAL SERVICE FUNDS, BUILDING AND VEHICLE MAINTENANCE DEPARTMENT, THE PRINT SHOP DIVISION, FOR THE PURPOSE OF PROVIDING FUNDS TO LEASE A HIGH VOLUME COPIER, FUNDING IN A LIKE AMOUNT IS AVAILABLE FROM THE MOTOR POOL MAINTENANCE DIVISION BUDGET AND CAN BE TRANSFERRED TO THE PRINT SHOP DIVISION FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins for adoption as an emergency measure and dispensing with the require- ment of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Dawkins , adopted said Ordinance by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED. AIQWCY ORDINANCE NO. it 9486 - SEP �9 2 � a } 04 The City Attorney read the ordinance into the public record and an- nounced that copies were available to the members of the City Commission and to the public. 91. 1ST & 2ND READING ORDINANCE: REVISE FEES CHARGED FOR GOLF COURSE Mayor Ferre: Now take up item 40. Plummer moves. Dawkins seconds. Read the ordinance on item 40. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 30-53 SUBSECTIONS (A) (1) AND (2) AND (B) (1) AND (2), SECTION 30-54 SUBSECTIONS (A) (2) AND (B), AND SECTION 30-55, SUBSECTION (a) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE PURPOSE OF REVISING THE FEES CHARGED FOR THE CITY OF MIAMI GOLF COURSES; FURTHER ADDING A NEW SUBSECTION (e) TO SECTION 30-55 OF SAID CODE PROVIDING FOR AN ADVANCED STARTING TIME RESERVATION GREEN FEE OF $2; CONAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND DISPENSING WITH THE REQUIREMEENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins, for adoption pursuant to Section 4, Paragraph (f) of the City Charter dispensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the Commission; AYES: Commissioner J. L. Plummer, Jr. Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. Whereupon the Commission, on motion of Commissioner Plummer and seconded by Commissioner Dawkins, adopted said ordinance by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9487 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Com- mission and to the public. sl SEA 919= 92. FIRST READING ORDINANCE: CHARTER AMENDMENT #3 - ELECTIONS TO BE CONDUCTED IN EVEN YEARS & EXTENDING TERMS OF PRESENT COMMIS-. SIONERS BY 1 YEAR. Mayor Ferre: Is the Law Department ready now with 74b? Mr. Garcia -Pedrosa: Yes, sir. Mayor Ferre: All right, would you pass them out please? Mr. Garcia -Pedrosa: They have been distributed before you, Mr. Mayor. Mayor Ferre: This is setting forth a proposed...this is again on first reading, right? Mr. Garcia -Pedrosa: Yes, sir. We have done two and now we are with Charter amendment number 3, which is the one that implements the even numbered years for municipal elections to coincide with the Federal and State general elections. In order to bring everybody into sequence, this provides for an extension of one year of the terms of office of the Mayor and Commissioners. Mayor Ferre: All right, are we ready to vote on it on first reading? Who moves that? Mr. Carollo: Move. Mayor Ferre: Moved by Carollo. Is there a second? Mr. Perez: I second. Mayor Ferre: Second by Perez. Read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE SETTING FORTH A PROPOSED CHARTER AMENDMENT, MOWN AS "CHARTER AMENDMENT NO. 311, AMENDING THE CITY CHARTER: ADDING THERETO A NEW SECTION NUMBERED 4-A ENTITLED "TIME OF ELECTION" PROVIDING FOR MUNICIPAL GENERAL ELECTIONS TO TAKE PLACE ON EVEN -NUMBERED YEARS TO COINCIDE WITH FEDERAL AND STATE GENERAL ELECTIONS, EXTENDING BY ONE YEAR THE CURRENT TERMS OF OFFICE OF THE MAYOR AND COMMISSIONERS; REPEALING ALL CHARTER SECTIONS OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY CLAUSE. Was introduced by Commissioner Carollo, and seconded by Commissioner Perez and passed on its first reading by title by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Demetrio Perez, Jr. Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: Commissioner Miller J. Dawkins 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. 1 ,SEP 91982 Mayor Ferre: Let me understand this now. Mr. Clark. Mr. Robert Clark: Yes, sir. Mayor Ferre: You are the author of this, aren't you? Mr. Clark: Among other, yes. Mayor Ferre: Well, the question is, "shall the measure known as ordinance no. , posing amendments proposing amendments to the City Charter by adding a new section, providing for municipal general elections to take place on even numbered years to coincide with Federal and State general elections, thereby extending by one year the current terms of office of Mayor and Commissioners be approved"? It could not be clearer. Mr. Plummer: Well, let me tell you what is missing. Mayor Ferre: What is missing? Mr. Plummer: The implementation. Mayor Ferre: What? Mr. Plummer: The implementation date. That is not brought out. Mayor Ferre: To be implemented in the election of 1984. Mr. Plummer: Do you read that in there? Mayor Ferre: No. Why is that not in there? Mr. Clark: That is. Mayor Ferre: Where? Mr. Clark: When you read Section 1. Mr. Plummer: Section 1 is not on the ballot. Mr. Clark: And this is 1982, which means that when this is elected.... Mayor Ferre: You are telling me that on a legal basis you say this is clear as a bell. I mean, it just could not be clearer. Mr. Clark: Yes, sir. The City Attorney and I agree on that. Mayor Ferre: O.R. Did we vote? 93. FIRST READING ORDINANCE: CHARTER AMENDMENT #4 - CITY ATTORNEY OPINIONS BINDING ON ALL PERSONNEL Mayor Ferre: All right, let us take up amendment #4. Do you want to explain it, Mr. City Attorney? Mr. Garcia -Pedrosa: Yes, sir, this is the Charter amendment that makes the legal opinions of the City Attorney designated as such by the City Attorney binding on all Members and personnel of the Commission, Manager and so forth. -1'76 al SEP 91982 Mayor Ferre: Is this similar in nature to ... are you making this as a separate ballot? I thought these things were going to be together. Mr. Garcia -Pedrosa: Well, the reason two and three were separate, Mr. Mayor.... Mayor Ferre: I understand that. Mr. Garcia -Pedrosa: ....is to avoid inconsistent results on the referendum. Mayor Ferre: I know that. I am asking you about four now. Why is....? Mr. Garcia -Pedrosa: This is a completely different subject matter, really. Mayor Ferre: You cannot put all these charter changes? Mr. Clark: You can only have one subject in an ordinance. Mr. Garcia -Pedrosa: One subject. Mayor Ferre: I see, all right, I got you. Is this in any way different than what exists with Metropolitan Dade County or the State of Florida and the Cabinet? Mr. Garcia -Pedrosa: It is a little bit sharper, if you will, because in order to avoid any question as to what is a legal opinion, which question has arisen in the past as you know, we have provided for a designation of legal opinion so that there be no question. Mr. Dawkins: So what you are saying is that if you give a legal opinion, and I do not think it is correct, I cannot go to another lawyer and get another opinion. Yours is binding. Mayor Ferre: No, sir. You can take it to court and challenge, sue the City of Miami. But you cannot challenge it as a Commissioner here no more than the Governor can challenge the ruling by the Attorney General on legal matters. Is that correct? Mr. Garcia -Pedrosa: That's right. Mr. Dawkins: If it has always been the case, then why do we have to change it? Mayor Ferre: I think it gives confidence in this government. It is standard operating procedure at all levels of government in the State of Florida, including the Cabinet. Mr. Dawkins: Well, if it is standard operation, why do we have to do what we are doing? Mayor Ferre: Because in the City of Miami Charter drafted in 1935 they did not put that in there and we are putting it in. But yet, we have been operating with it out of there the way we are doing it. Mr. Dawkins: But yet, we have been operating with it out of there the way we are doing it. Mayor Ferre: We have been operating without it. All this does is, I frankly think it is a motherhood issue because it is something we have been doing all along. In the thirteen years that I have been in this Commission, I do not remember once... do you,Plummer? ... when we have overridden the City Attorney's.... Mr. Plummer: No, because when you do, you become personally liable. Mr. Dawkins; And you are paying ... that is what you are paying for, a legal opinion. 1'7'7 SEP 91982 31 N INAUDIBLE BACKGROUND COV14ENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Ferre: All right, who moved this? Did anybody move this? Mr. Dawkins: I will move it. Mayor Ferre: Dawkins moves it. Is there a second? Mr. Perez: Yes, I second. Mayor Ferre: Perez seconds. Further discussion? Call the roll, please:' Read the ordinance, I'm sorry. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE SETTING FORTH A PROPOSED CHARTER AMENDMENT, KNOWN AS "CHARTER AMENDMENT NO. 4", AMENDING SECTION 21 OF THE CITY CHARTER BY MAKING THE WRITTEN LEGAL OPINIONS OF THE CITY ATTORNEY, DESIGNATED AS SUCH BY THE CITY AT- TORNEY, BINDING ON ALL MEMBERS AND PERSONNEL OF THE COMMISSION, OF THE OFFICE OF THE CITY MANAGER, OF THE OFFICE OF THE CITY CLERK, AND OF THE CITY DEPARTMENTS, OFFICES, BOARDS, AND COMMITTEES NOT INCLUDED WITHIN ANY DEPARTMENT; REPEALING ALL CHARTER SECTIONS OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABIL1 Y CLAUSE. Was introduced by Commissioner Dawkins, and seconded by Commissioner Perez and passed on its first reading by title by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins 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. 94. FORMALIZING RESOLUTION: FORMER F.E.C. PROPERTY ON BISCAYNE BOULEVARD IS NOT AVAILABLE FOR COLISEUM OR CULTURAL ARTS MMIBITION CENTER. Mr. Dawkins: Can we do 20 before I leave, please? Mayor Ferre: The next thing that comes before us is the memorializing this thing that we took up on item K or J, or whatever it is. "A resolution expressing the policy of the City Commission regarding the placement of a coliseum or a cultural arts exhibition center on the Florida East Coast Railway property." Mr. Plummer: What number? Mayor Ferre: This is a motion that we passed and I said let us put it in a resolution so that the City Clerk can deliver it to the Commission on Thursday. Mr. Dawkins: To the Commission? _1'78 1 SEP 9 1982 \�I Mayor Ferre: To the County Commission. "...further directing the City Clerk to forward a copy of this resolution to the Board of County Commissioners of Dade County." Mr. Plummer: I moved it before. Mayor Ferre: It has been moved. Is there a second? Mr. Dawkins: Second. Mayor Ferre: Seconded. Under discussion, Mr. City Attorney, I think the wording here is a little bit...who drafted this? Mr. Garcia -Pedrosa: Which one are you looking at? Mayor Ferre: Somebody gave me this. Is this a new one? "A resolution expressing the policy of the City Commission regarding..." Oh, it is the same title, right? Mr. Garcia -Pedrosa: Yes, sir. Mayor Ferre: The only change is in the text. It does what I tried to do in that one. It says: "The City Commission hereby determines the Florida Eastcoast Railroad property, the Bayfront Park or the Bicentennial Park shall not be available as proposed sites for a cultural arts exhibition center or a coliseum." That is what we passed this afternoon. Mr. Plummer: Move it. Mayor Ferre: Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-849 A RESOLUTION EXPRESSING THE POLICY OF THE CITY COMMISSION REGARDING THE PLACEMENT OF A CULTURAL ARTX EXHIBITION CENTER OR A COLISEUM ON THE FLORIDA EAST COAST RAILWAY PROPERTY, BAYFRONT PARK OR BICENTENNIAL PARK; FURTHER DIRECTING THE CITY CLERK TO FORWARD A COPY OF THIS RESOLUTION TO THE BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted herein 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 J. L. Plummer, Jr. Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. -1'79 SEP 9 Mfl FA if 95. FORMALIZING RESOLUTION: INTENDED USES OF ADDITIONAL 1% SALES TAX BY THE CITY IF ENACTED BY THE VOTERS Mr. Dawkins: May I hear 20, please? I have asked for six times if we could hear item 20. Mayor Ferre: Let me do this one. It is the last one that we have here. This is a resolution of intent relating to the use of funds generated by the sales tax authorized under the arts and recreation centers act of Florida Statutes. This is the resolution that we were talking about this morning with regard to the November 2nd election or the December 14th election. I have some minor grammatical or claratory things that I have here, but it basically is the same motion that we passed this morning. Is that correct? Do you want to wait? Mr. Clark: Just read section 1. Mayor Ferre: I have already read Section 1. Mr. Clark: I will read it in the body. You read the title. If you will, just start reading section 1. We want to make sure that.... Mayor Ferre: "It shall be the policy of the City Commission that if the sales tax provided for in Section 212.057, Florida Statutes, is not authorized by the voters of Dade County, on November 2nd, a referendum will be held on December 14th in the City of Miami to allow the imposition of the said sales tax within the City of Miami with the revenues thereon to be used for the following purposes." Mr. Garcia -Pedrosa: It should be "therefrom", Mr. Mayor. Mayor Ferre: Therefrom. "a.(i) Refurbishing of the Orange Bowl Stadium to include installation of 55,000 chairback seats, addition of escalators (and I have added "and elevators") for improved patron ingress and egress, improvement of public restrooms, improvement of concession facilities, acquisition of fee simple title to such land and closing of streets ( I have added) in the vicinity of the Stadium to allow off-street parking for 10,000 automobiles, construction of a pedestrian draw -bridge across the Miami River providing access to the Stadium area from the Hospital/ Civic Center Metrorail Station; '(ii) The revenues to be used for these purposes shall not exceed $33,000,000 'b.(i) Construction of a coliseum in the downtown area to seat at least 18,000 but not more than 22,000" You don't want to limit that. Mr. Plummer: Minimum is the point. Mayor Ferre: at least 18,000 (and then scratch 'not more than 22,000') with the first preferred site being the Miami Riverfront adjacent to the City of Miami/University of Miami James L. Knight...." Mr. Garcia -Pedrosa: It says property there, Mayor. Mayor Ferre: What? Mr. Garcia -Pedrosa: Miami Riverfront property. w180 si SEP 91982 3 Mayor Ferre: "Miami Riverfront (add property) adjacent to the City Convention Center and the second preferred location being a site in the vicinity of the Overtown-Government Center - Park West and not more than 2 blocks from a Metrorail Station or a Downtown People Mover Station." It leaves it a little bit broad. "(ii) The revenues to be used for these purposes shall not exceed $25,000,000." Is that sufficient, Howard? I think you had better put in $30,000,000, just in case. Mr. Gary: If it is like the Convention Center, maybe put $40,000,000. Mayor Ferre: That is precisely the point. You better put $30,000,000. Is that all right with you, Plummer? Mr. Plummer: Well, you are talking about $60,000,000 total. Mayor Ferre: That is why you give yourself a little room. Mr. Plummer: Fine. Mayor Ferre: It can always be less than that. This just says it will not be more than... "Construction of an outdoor amphitheater in the vicinity of the former bandshell will serve as memorial to the late Cesar Lamonica;" Now, you have to...does that specify the money? Because we may not have the money for this. Mr. Garcia -Pedrosa: I thought you said you wanted these to be equal priorities. Mayor Ferre: No, no, no. Mr. Plummer: A, B, and C. Mr. Garcia -Pedrosa: A, B, and C. Mayor Ferre: First I said equal priority means the football stadium and the coliseum are the same. But if we have any money left over we will do the Cesar Lamonica. Mr. Garcia -Pedrosa: Oh, I'm sorry. That is on item 2, yes, sir. "Revenues for this purpose will only be available if the said sales tax..." Mayor Ferre: O.K., I got you. "If the said sales tax generates revenues is in excess of $60,000,000." Mr. Garcia -Pedrosa: Now we have to change that, Mayor, if you change the $25,000,000 to $30,000,000. Mayor Ferre: No, sir, because, look, it says here you shall not spend more than. You can spend less. Mr. Garcia -Pedrosa: I just want to point out that you have $35 million. Mayor Ferre: And 30 which makes 65. Mr. Garcia -Pedrosa: Right. Mayor Ferre: And all of this is you are putting the top figure, not the bottom figure. "The decision on the above proposed expenditure of revenues generated by the said sales tax will only be made after a public hearing on the above expenditures is duly held." O.K.? Does that cover it? Plummer, does that cover it? 181 sl ,SEP 1982 Mr. Plummer: As far as I know. Mayor Ferre: Do you want to move it? Mr. Plummer: I would prefer not to. Mayor Ferre: Because you are on the committee. Do you want to move it? All right, Demetrio Perez moves it. Is there a second on this sports thing? Is that O.K. with you now? Is everybody ready on this now? Perez moves. Carollo seconds. Further discussion on the resolution? Call the roll. The following resolution was introduced by Commissioner Perez, who moved its adoption: RESOLUTION NO. 82-850 A RESOLUTION OF INTENT RELATING TO THE USE OF FUNDS GENERATED BY THE SALES TAX AUTHORIZED UNDER THE ARTS AND RECREATION CENTERS ACT, SECTION 212.057, FLORIDA STATUTES. (Here follows body of resolution, omitted herein 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. Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor Joe Carollo Mayor :Maurice A. Ferre NOES: None. ABSENT: None. Mayor Ferre: Just for the record, Clark, I know that 30 and 35 don't make 60, but it gives you flexibility, O.K.. It says up to. So you might spend 28 on one and 30. You can follow me? 96. PERSONAL APPEARANCE: REPRESFA;TATIVE OF ACORN REGARDING 14EW CITIZEN PARTICIPATION PROCESS IN C.D. Mr. Samuel G. Jones: In order to expedite time, I will read this instead of going into my long discourse. My name is Samuel G. Jones, U.S. Customs, retired. I am a member of ACORN. ACORN stands for the Association of Community Organizations for Reform Now. We are located in 26 states across the country helping low and moderate income people gain a voice for their community and for the betterment of their community. This dialogue concerns new citizen participation process, a memorandum from Dena Spillman, Director of the Department of Community Development, copies to Community Development Chairperson, Vice -Chairperson, and Board members. What we are saying is, in essense, since the 13% reduction by the City of Miami, the Commission abolished current citizen participation and created a 21 member City-wide community development advisory board in its place. This was done without any citizen input at all. The board consisted of the following: two representatives...in other words, you have 12 people appointed by the City Commission, only 8 people elected by the Commission and one Park West Civic Association which do their own thing. We see an imbalance in the people who are to help represent us. �Bz SEP 91982 sl Mr. Jones (CON'T): ....What we see is a board watered down, diluted, dismantled and controlled by the City with very little citizen input to the point of not being effective. We voted unanimously at the August 9th public meeting held at the Liberty Square Community Center not to elect an area representative. We feel that this representation, as set up by the City Commission, is not in the best interest of the target areas. And, of course, you know where the target areas are: downtown, Coconut Grove, etc. We request that a more structured neighborhood citizen participation process, rather than one appointed mostly by the City Commission, we were satisfied by the neighborhood concept. We need more local citizens, not bureaucrats, in the decision -making. Dade County has enacted a block ordinance that applies to funds which the County receives under the Community Development Act of 1974, and amended in 1982 and in a year thereafter. You have copies of that ordinance before you. We would ask that you give this every consideration possible. The Community Development Block Grant Program was created in 1974. Members of Congress, however, were concerned that citizens were not using the Block Grant Funds for their intended purpose. In closing, ACORN would like to stress the need for most citizen participation, not more. We have a budget that Mrs. Spillman has sent but according to this budget, we don't come near. All we want is citizen participation in the eight target areas as was set up originally and not form a 21 member group that is being advocated by the City Commission. Thank you for your time. I would like for Theresa to give a little input on the ordinance that is before you. Mr. Dawkins: Then we will have a rebuttal from Mrs. Spillman. Ms. Theresa Conroe: My name is Theresa Conroe, 561 N.E. 79 Street, Suite 220. The ordinance was passed already by Metro Dade Commission. It is a simple ordinance. It basically puts back in the same regulations that were in 1981 allowing for neighborhood participation and that the Community Development Block Grant Funds be used in a manner which they always have been, which is 75% going directly in low and moderate income neighborhoods. The issue came up because of removing neighborhood participation boards. That is the reason we would like to see this ordinance introduced. What we would like tonight is an actual date or else a vote by the Commission in favor of this ordinance; or else an agreement by the Commission to look it over. Do whatever you have to do, but we would like a date when this ordinance would be introduced. Mayor Ferre: Dena. Ms. Spillman: Is this a copy of the ordinance passed by the Metro Dade Commission? Because it has nothing to do with citizen participation. If I may respond to the ordinance, the only thing that it says in here about citizen participation is that all plans and reports relating to the program shall be on file at the office and available to the public, which has always been our situation. Ms. Conroe: You should look at the item that says on it that the neighborhood participation process as of Dade Metro County, 1981. So what we are asking, basically, that the citizen participation process be the same in the City of Miami as it was last year and that that be continued. Ms. Spillman: Let me respond in this way, if I may. I think it is unfair to people to build expectations for things where there is no money. We discussed this yesterday. First of all we have no funds for the staff required to do what they are asking us to do. My budget was cut, as we discussed. There is no staff available. Secondly, there is no C.D. monies to start new projects. There are no new social service programs. If you recall, we have to cut back our social service programs. We are dealing basically with on -going programs. I think it is unfair to create a board to deal with something that does not exist. That is the case. Mayor Ferre: Amen. -183 al SEP 9 im 0 Ms. Spillman: Let me respond to one other thing in the ordinance, if I may. This ordinance deals to a great degree with the amount of benefit to low and moderate income people. This Commission passed earlier this year a resolution which stated that we would keep our same planning process and our same low income neighborhoods. There has been no attempt by the City Commission to broaden the C.D. program, to go into new neighborhoods. We have every intention of staying where we are, which are low income neighborhoods, which meets the requirements of this ordinance already. Mayor Ferre: O.K., who wants to make any kind of a statement about this, or ask any questions? Mr. Plummer: She has made it all, from what I have heard. Mayor Ferre: My position stands: I will not change my vote. I just don't think it is.... Mr. Plummer: Sir, where did you get any idea that there was any money available? Mr. Jones: In order to have a neighborhood meeting for the type of neighborhood meetings that we have had and continue to have, we don't need typists. We usually have them in the area in our neighborhoods. We don't need all of these funds that Mrs. Spillman is saying that she is spending for neighborhood meetings. You don't need typists. You don't need five or six specialists; not for a neighborhood meeting. Mr. Plummer: Well, air, you are talking about eight target areas. Mr. Jones: Yes, I know. Mr. Plummer: Well, where did you come up with the idea, that is what I am trying to find out, that there was money available. Mr. Jones: I never said anything about money being available. Mayor Ferre: Mr. Manager, we are going to refer this matter to you for further consideration. Mr. Gary: Yes, sir, I think that would be appropriate, sir. We will come back to you with a report. Mayor Ferre: Thank you very much, ladies and gentlemen, for being here tonight. 97. RESCIND RESOLUTION 82-559 AND SUBSTITUTE NEW RESOLUTION THEREFOR: CUBAN - HAITIAN ENTRANT PROGRAM TRAINING Mr. Gary: Mr. Mayor, one last item. Mayor Ferre: Yes, sir. Mr. Gary: If you recall, we appropriated ... well, we passed a resolution allocating monies to various C.B.O.s with regard to the Haitian and Cuban entrant program. Mayor Ferre: For the Haitian? Mr. Gary: Haitian and Cuban entrant program. Mayor Ferre: Yes. -184 sl SEP gig" 0 Mr. Gary: We had money from the Federal Government to provide services. Mayor Ferre: Oh, yes. Mr. Gary: Now, the City Clerk picked up the wrong copy and he thinks he has the right copy of the actual allocation. I would like to pass this around so that everybody can see. I certify this is what we had recom- mended to the City Commission. I would like for the City Commission to confirm what I am providing to you so this.... Mayor Ferre: Well, read it into the record, Plummer, that way there is no question. Just read right down the line. Mr. Plummer: "Coalition for Progress, Inc. - $98,611 for 36 slots Dade County Public Schools - $298,211 for 63 slots Garces Commercial College, Inc. - $265,005 for 155 Haitian American Community Assoc. of Dade County - $23,239 for 8 James E. Scott Community Assoc. - $100,041 for 35 Little Havana Activities & Nutrition Centers of Dade County - $100,668 for 38 Saber, Inc. - $183,144 for 68 Saber - $76,860 for 45 TOTAL - $260,004 for 113 SER-Jobs for Progress, Inc. - $75,000 for 32 South Florida Young Adult Program - $92,845 for 33 Tri-City Community Assoc. - $117,600 for 42 Youth Co -Op, Inc. - $131.755 for 48 YWCA - $23,221 for 8 Mr. Gary: I certify that is what we recommend and that is what you voted on. We need to hurry up and get that approved so we can sign these contracts with people that are providing services with Cuban and Haitians. Mr. Plummer: So move. Mr. Robert Clark: Wait, wait. Mr. Dawkins: Second. Mayor Ferre: There is a motion and a second. Yes, sir. Mr. Clark: Mr. Mayor, what we need from the City Commission is a motion identifying what was just read into the record as constituting the correct and acurate resolution no. 82-683. Mayor Ferre: Would you read the title there, Mr. Manager? Read the title. Mr. Clark: "A resolution rescinding Resolution No. 82-559, adopted June 17, 1982, relating to the negotiation of agreements for professional job training services for the City's participants in the entrants impact aid program; and authorizing the City Manager to negotiate and execute agreements, subject to the City Attorney's approval as to form and correctuess, with specified training agencies, to provide professional job training services for the City's participants in the Cuban - Haitian entrants impact aid program with funds expended for the cost of said agreements to be reimbursed under the City's contract with the South Florida Employment and Training Consortium." Mr. Plummer: Call the roll. Mayor Ferre: Call the roll. -185 SEP 919on " 1 (01 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-851 A RESOLUTION RESCINDING RESOLUTION NO. 82-559, ADOPTED JUNE 17, 1982, RELATING TO THE NEGOTIATION OF AGREEMENTS FOR PROFESSIONAL JOB TRAINING SERVICES FOR THE CITY'S PARTICIPANTS IN THE ENTRANTS IMPACT AID PROGRAM; AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AGREEMETTS, SUBJECT TO THE CITY ATTORNEY'S APPROVAL AS TO FORM AND CORRECTNESS, WITH SPECIFIED TRAINING AGENCIES, TO PROVIDE PROFESSIONAL JOB TRAINING SERVICES FOR THE CITY'S PARTICIPANTS IN THE CUBAN-HAITIAN ENTRANTS IMPACT AID PROGRAM WITH FUNDS EXPENDED FOR THE COST OF SAID AGREEMENTS TO BE REIMBURSED UNDER THE CITY'S CONTRACT WITH THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. (Here follows body of resolution, omitted herein 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 J. L. Plummer, Jr. Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. 98. FORMALIZLiG RESOLUTION: ESTABLISH INTERIM & PERMANENT BOUNDARIES COMMITTEE IN ANTICIPATION OF PROPOSED CHARTER AMENDMENT ESTABLISHING DISTRICT WIDE REPRESENTATION Mayor Ferre: Interim boundaries for the districts. No, but it was a motion. This is a resolution. I knew we had slipped on something. We are back in session. A resolution establishing an interim and permanent boundaries committee for the purpose of determining appropriate geographical districts within the City of Miami for the purpose of electing members to the City Commission in anticipation of a proposed Charter amendment establishing district wide representation. It says the same thing that the Charter amendment would say, which is it will be the chief judge of the Eleventh Circuit Court, the Chairperson of the Dade Bar, Black Lawyers Association, Cuban -American, and the five people we appoint. Is there a motion to that effect? Joe? Mr. Carollo: Move. Mayor Ferre: Anybody? Mr. Dawkins: All right, I second. Mayor Ferre: Carollo moves; Dawkins seconds. Further discussion on this motion? Mr. Plummer: What is the motion? Mayor Ferre: Establishing the boundaries committee. SEP 9 1orl 99 sl 4 Mr. Plummer: The committee. Mayor Ferre: On a temporary basis. Mr. Plummer: What do you mean temporary? Mayor Ferre: Well, because we have to take the chance that people may not pass it. Suppose they vote no, then what do we need a committee for? Interim. Mr. Plummer: They are not named. Mayor Ferre: You named them already, Plummer. Mr. Plummer: This is just establishing.... Mayor Ferre: This is legalizing. O.K., further discussion? Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 82-852 A RESOLUTION ESTABLISHING AN INTERIM AND PERMANENT BOUNDARIES COMMITTEE FOR THE PURPOSE OF DETERMINING APPROPRIATE GEOGRAPHICAL DISTRICTS WITHIN THE CITY OF MIAMI FOR THE PURPOSE OF ELECTING MEMBERS TO THE CITY COMMISSION IN ANTICIPATION OF A PROPOSED CHARTER AMENDMENT ESTABLISHING DISTRICT WIDE REPRESENTATION. (Here follows body of resolution, omitted herein 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 J. L. Plummer, Jr. AYES: Commissioner Miller J. Dawkins Vice Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. ADJOURNMENT: There being no further business to come before the City Commission, on motion duly made and seconded, the meeting was adjourned at 8:45 P.M.. ,. Mayor ATTEST: RALPH G. ONGIE City Clark Assistant City Clark 187 PQ*y / Y„' • 1 �� „� AGENDA ITEM "58" - CONTROLLING & REGULATION OF JITNEYS. (WITHDRAWN BY CITY MANAGER) THIS ITEM WAS WITHDRAWN, BUT LATER TRANSCRIBED FOR AN OUTSIDE ATTORNEY AND IS INCLUDED HEREIN FOR INFORMATIONAL PURPOSES ONLY. end vehicles - that is the one we lost, ty forgot in the ordinance when they jitneys. No need of us handling just to move it? t? We have got to move it, don't we? to move it, because... anything to Metro. t. s and lost it in court. Are we hurting anybody by doing this?... drivers and all of that? ather have us set the rates than Metro. get involved really in setting of rates VIL. ua1Ly. aco, t,=.,o---..a...-6x.�s us the responsibility for monitoring those activities whereas Metro gets all the money, so it really doesn't make any sense for us to keep something for which Metro gets the money to do it. Mayor Ferre That is a pain in the neck. All you are going to do is get people upset. Mr. Gary: Plus we are not going to be given safeguards to the public anyway. Mayor Ferre: Jitney drivers are going to want increases and we don't give... Mr. Plummer: Let's defer it to the next meeting. We can think about it. Mayor Ferre: Hey, look, the jitney drivers are going to want increases. If we don't give it to them, they are going to get upset. If we give it to them, the Black people who ride the jitneys are going to get upset. Anyway you slice it, we lose! Who the heck wants to be involved in setting rates for jitneys, come on! Get out of that business. Mr. Gary: We are not going to regulate them, because we are so busy fighting crime. Mayor Ferre: That is a loser! That is a losing business. We lost the taxies. Let's go, come on! Mr. Gary: (LAUGHTER) J. L., move. Mayor Ferre: Do you want to Skip it? Mr. Plummer: Defer it. Mayor Ferre: Okay. Manager withdraws it. X AGENDA ITEM "58" - CONTROLLING & REGULATION OF JITNEYS. 1_ (WITHDRAWN BY CITY MANAGER) C Mayor Ferre: That is the taxicab and vehicles - that is the one we lost, right? Mr. Gary: Yes, we lost it, but they forgot in the ordinance when they took control of taxicabs to include jitneys. No need of us handling just jitneys. Mayor Ferre: Plummer, do you want to move it? Mr. Plummer: No. Mayor Ferre: Do you want to move it? We have got to move it, don't we? Mr. Dawkins: (INAUDIBLE) Mayor Ferre: Well, he doesn't want to move it, because... Mr. Plummer: I don't want to give anything to Metro. Mr. Gary: Fine, we will withdraw it. Mayor Ferre: We fought hard on this and lost it in court. Mr. Plummer: I am a sore loser! Mayor Ferre: Wait, wait a minute. Are we hurting anybody by doing this?... the Black community and the jitney drivers and all of that? Mr. Plummer: No, they would much rather have us set the rates than Metro. Mayor Ferre: Well, are we going to get involved really in setting of rates for jitneys and ... Mr. Gary: Yes, plus too, that gives us the responsibility for monitoring those activities whereas Metro gets all the money, so it really doesn't make any sense for us to keep something for which Metro gets the money to do it. Mayor Ferre That is a pain in the neck. All you are going to do is get people upset. Mr. Gary: Plus we are not going to be given safeguards to the public anyway. Mayor Ferre: Jitney drivers are going to want increases and we don't give... Mr. Plummer: Let's defer it to the next meeting. We can think about it. Mayor Ferre: Hey, look, the jitney drivers are going to want increases. If we don't give it to them, they are going to get upset. If we give it to them, the Black people who ride the jitneys are going to get upset. Anyway you slice it, we lose! Who the heck wants to be involved in setting rates for jitneys, come on! Get out of that business. Mr. Gary: We are not going to regulate them, because we are so busy fighting crime. Mayor Ferre: That is a loser! That is a losing business. We lost the taxies. Let's go, come on! Mr. Gary: (LAUGHTER) J. L., move. Mayor Ferre: Do you want to pkip it? Mr. Plummer: Defer it. Mayor Ferre: Okay. Manager withdraws it. Id u DOCUMENT DOCUMEtrr IDWIFICATION 1 MOTION OF INTENT: ASSIST SENIOR CITIZENS TO FIND SUITABLE LOCATION FOR "SENIOR CENTERS" IN CITY PARK 2 STANDARDS FOR POLICE OFFICERS -SOUTHEAST INSTITUTE OF CRIMINAL JUSTICE. 3 CONDOLENCES;DEATH OF FERNANDO PUIG. 4 PROJECTED USES OF 1% ADDITIONAL SALES TAX FOR UPGRADING ORANGE BOWL. COLISEUM, BANDSHELL, ETC. (LATER FORMALIZED) 5 FORMALIZING RESOLUTION: APPOINTMENT'S TO DISTRICTING COMMITTEE. (LATER FORMALIZED) 6 SPECIAL ELECTION: CONFERENCE/CONVENTION FUNDS EXPENDED FOR EVENTS INVOLVING MARXIST COUNTRY PARTICIPATION. 7 RESOLUTION 82-460 GOVERNING CONSTRUCTION OF MIAMI HERALD 6TH FLOOR ADDITION TO EXISTING BUILDING AT ONE HERALD PLAZA. 8 PURCHASE OF FIREFIGHTER TURNOUT: CLOTHING TOTALLING $23,917. , 9 PURCHASE OF SIX FIRE APPARATUS (1250 GPM PUMPERS) TOTALLING $818,706. 10 BID ACCEPTANCE FOR W.R. GRACE AND COMPANY SOUTHERN MILL CREEK PRODUCTS AND WOODBURY CHEMICAL COMPANY FOR CHEMICALS AND FERTILIZER FOR PARKS DEPARTMENT TOTALLING $9,987.50, $11,875.75 AND $2,007.50 RESPECTIVELY). 11 BID ACCEPTANCE FOR TEKTRONIX, INC. FOR COMMUNICATIONS MAINTENANCE EQUIPMENT TOTALLING $16,011 FOR BUILDING AND VEHICLE MAINTENANCE. 12 BID ACCEPTANCE: FOR JOSEPH D. VENTURA AND ASSOCIATES FOR TWO POLYGRAPH MACHINES FOR POLICE DEPARTMENT TOTALLING $9,095.00. 13 SECURING INSURANCE FOR THE ORANGE BOWL STADIUM. 14 BID ACCEPTANCE FOR DOCK AND MARINE CONSTRUCTION INC. FOR PILING REPLACEMENT AT MIAMARINA AND WATSON ISLAND TOTALLING $29,740. 15 BID ACCEPTANCE FOR EBSARY FOUNDATION COMPANY FOR PILING REPLACEMENT AT MIAMARINA AND WATSON ISLAND TOTALLING $23,200. 16 BID ACCEPTANCE FOR MET CONSTRUCTION INC. FOR SAFETY IMPROVEMENTS AT MIAMARINA AND I4ATSON ISLAND TOTALLING $18,600. MEETING DATE: September 9, 1982 COMMISSION R-82-769 R-82-770 R-82-771 R-82-850 R-82-852 R-82-776 R-82-779 R-82-781 R-82-782 E-82-783 R-82-784 R-82- 785 R-82-786 R-82-787 R-82-788 IEVAL 82-769 82-770 82-771 82-850 82-852 82-776 82-779 82-781 82-782 82-783 82-784 82-785 82-786 82-787 82-788 R-82-789 • A2-789 ITEM NO. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 CONTINUED PACE#= DOCUMENT IDENTIFICATION BID ACCEPTANCE OF M.VILA AND ASSOC. INC. FOR LITTLE HAVANA COMMUNITY CENTER MINI PLAZA TOTALLI1 $70,752. ORDERING FURHAM SANITARY SEWER IMPROVEMENT. ORDERING EAST ALLAPATTAH HIGHWAY IMPROVEMENT. BID ACCEPTANCE OF WEEKLEY ASPHALT FOR CITY WIDE PAVING PROJECT OF OVERTOWN, TOTALLING $53,71-7.50. CLOSING PORTION OF SW 4TH STREET FOR DEVELOPMENT OF JOSE MARTI RIVERFRONT PARK. CLOSING NW SECOND STREET DURING CONSTRUCTION OF THE GOVERNMENT CENTER RAPID TRANSIT STATION. ACCEPTING THE COMPLETED WORK BY P.N.M. CORPORATIO. FOR CENTRAI. DRAINAGE PROJL•'CT E-49 ACCEPTING COMPLETED WORK OF FLORIDA PUMP AND TANK INC. FOR FUELING FACILITY. ACCEPTING COMPLETED WORK OF MET CONSTRUCTION,INC. FOR AFRICAN SQUARE RECREATION BUILDING. ACCEPTING COMPLETED WORK OF MET CONSTRUCTION,INC. FOR MIAMI SPRINGS GOLF COURSE IRRIGATION SYSTEM. ACCEPTING COMPLETED WORK OF FRE CONSTRUCTION COMP, INC. FOR ALLAPATTAH COMMUNITY DEVELOPMENT PAVING PROJECT. ACCEPT BID: LUMMUS PARK AREA C.D. PAVING PROJECT. B-4477. ACCEPT COMPLETED WORK: WYLWOOD COMMUNITY DEVELOP. PAVING PROJECT PHASE VI (BID "B") DRAINAGE. DECLARE AND CERTIFY RESULTS OF SPECIAL MUNICIPAL ELECTION OF SEPTEMBER 7TH 1982 OBSCENE MATERIAL ON CABLE T.V. AUTHORIZE BOARD OF COUNTY COMMISSIONERS TO ESTABLISH A FIFTEEN YEAR NON AD VALOREM SPECIAL ASSESSMENT PROJECT AREA FOR DOWNTOWN COMPONENT OF METRORAIL (D.C.M.). APPOINTMENTS TO BOARD OF DIRECTORS OF DOWNTOWN DEVELOPMENT AUTHORITY. AUTHORIZE AGREEMENT: AFFORDABLE RENTAI. HOUSING DEVELOPMENT PROGRAM. EXPRESS POLICY THAT FORMER FEC PROPERTY ON BISCAYNE BOULEVARD IS NbT AVAILABLE FOR COLISEUM OR CULTURAL ARTS EXHIBITION CENTER. (LATER FORMALIZED) R-82-790 R-82-791 R-82-792 R-82-793 R-82-794 R-82-795 R-82-796 R-82-797 R-82-798 R-82-799 R-82-800 R-82-801 R-82-802 R-82-803 R-82-805 R-82-818 R-82-819 R-82-849 82-790 82-791 82-792 82-793 82-794 82-795 82-796 82-797 82-798 82-799 82-800 82-801 82-802 82-803 82-805 82-818 82-819 82-849 Docu(WENToND-EX CONTINUED PaGE# 3 IM NO. DOCUMENT IDENTIFICATION UUMMIZZIUn ACTlf)N mQfmlQvm" CODE NO. 35 ALLOCATE $114,492 C.D. BLOCK GRANT FUNDS TO METRO FOR ADMINISTRATION OF CERTAIN CITY COMMUNITY DEVELOPMENT ACTIVITIES FOR DADE CO. HUD. R-82-823 82-823 36 REVISED GUIDELINES: OVERTOWN MULTI FAMILY REHABILITATION LOAN PROGRAM. R-82-824 82-824 37 APPROVE PROGRAM GUIDELINES: COMMUNITY DEVELOPMENT TARGET AREA WIDE REHABILITATION LOAN PROGRAM. R-82-825 82-825 38 WAIVE CONFLICT OF INTEREST REQUIREMENT: CALVIN SMITH PARTICIPATION IN CITY REHABILITATION PROGRAM (C.D.). R-82-826 82-826 39 GUIDELINES SOLICITING PROPOSALS FOR FOOD AND BEVERAGES CONCESSIONS IN CITY PARKS. R-82-827 82-827 40 AGREEMENT ORANGE BOWL STADIUM FOR INTERNATIONAI. LIVE BOXING MATCH IN NOVEMBER 12, 1982. R-82-829 82-828 41 BIDS:RENTAL OF GOLF CARTS AND OPERATION OF PRO SHOP AND DRIVING RANG E MIAMI SPRINGS GOLF COURSE. R-82-829 82-829 42 AGREEMENT CAMACOL THIRD HEMISPHERIC CONGRESS OF LATIN CHAMBER OF COMMERCE. R-82-830 82-830 43 PAYMENT FOR LEGAL SERVICES TO BROWN,WOOD,TVEY, I MITCHELL AND PETTY. R-82-831 82-831 44 APPROVAL BIOLOGICAL REPORT FOR CONSTRUCTION OF TWIN THREE LANED BASCULE STRUCTURES IN MIAMI RIVER. R-82-832 82-832 45 ESTABLISH COMMITTEE: RECOMMEND RELOCATION OF CITY OWNED LIBRARY IN BAYFRONT PARK. R-82-833 82-833 46 PROFESSIONAL SERVICE AGREEMENT: P.F. ENTERPRISES TO ACT AS CONVENTION REPRESENTATIVES IN THE WASHINGTON D.C. AREA. R-82-834 82-834 47 IJAIVE REQUIREMENT FOR FORMAL BIDS: 48 TRANSMITTERS FOR DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE. R-82-835 82-835 48 INCREASE IN CONTRACT: SHAFFER AND MILLER FOR CONSTRUCTION OF DOWNTOWN GOVERNMENT PARKING FACILIT R-82-836 82-836 49 EXECUTE AGREEMENT: ROBERTO S. ROCHA IN PROJECT COORDINATOR DOINTOWN GOVERNMENT PARKING FACILITY. R-82-837 82-837 50 EXPENDITURE N.T.E. $10,000 LEGAL REPRESENTATION FOR CHALLENGE FOR FEDERAL CENSUS. R-82-838 82-838 51 CLAIM SETTLEMENT: EDUARDO GARRIDO. R-82-839 82-839 52 CLAIM SETTLEMENT: WILLIA14 SCHORK. R-82-840 82-840 ■ DU CUMENT•I NDEX- i i 1 i ItEM N0. DOCUMENT IDENTIFICATION CCONTINUED MISSION w r'r r n►,l 53 54 55 56 57 58 59 60 61 62 63 64 APPOINT INDIVIDUALS TO AFFIRMATIVE ACTION ADVISORY BOARD. RESOLUTION TO ALLOCATE $2,000 TO CHILDRENS GENETIC DISEASE FOUNDATION. RESOLUTION ESTABLISHING RULE CABLE COMMUNICATIONS AGENCY INFORMATION TO BE PROVIDED PRIOR TO TRANSFER OF OWNERSHIP. RESOLUTION TO APPROVE REQUEST OF GEORGE KUNDE TO TRANSFER 6% OF OWNERSHIP INTEREST IN AMERTCABLE RESOLUTOIN TO CALL AND PROVIDE FOR SPECIAL MUNICIPAL ELECTION TO RESIDENTIAL GARBAGE COLLECTION. CHANGE DATES FO CITY CO!,DIISSION MEETINGS DURING NOVEMBER 1982. WAIVE REQUIERMENTS OF SEALED BIDS: EMERGENCY PURCHASE OF CHAIRS, TABLES, DOLLIES, TRUCK PALLETS ETC. FOR MIA11I CONVENTION CENTER. AGREEMENT WITH BRANDT LAURSEN, COMPUTER CONSULTANT SYSTEM PERFORMANCE REVIEW. RESOLUTION WITH FORMER F.E.C. PROPERTY ON BISCAYNE BOULEVARD IS NOT AVAILABLE FOR COLISEUM OR CULTURAL ARTS EXHIBITION CENTER. RESOLUTION INTENDED USES OF ADDITIOANL 1% SALES TAX BY THE CITY IF ENACTED BY THE VOTERS. RESCIND RESOLUTION 82-559 AND SUBSTITUTE NEW RESOLUTION THEREFOR: CUBAN/HAITIAN ENTRANT PROGRAM TRAINING. FORMALIZING RESOLUTION ESTABLISHING INTERIM AND PERMANENT BOUNDARIES COMMITTEE IN ANTICIPATION OF PROPOSED CHARTER AMENDMENT ESTABLISING DISTRICT WIDE REPRESENTATION. R-82-841 R-82-842 R-82-84 3 R-82-844 R-82-845 R-82-846 R-82-847 R-82-848 R-82-849 R-82-850 R-82-851 R-82-852 PAGE #4 82-841 82-842 82-843 82-844 82-845 82-846 82-847 82-848 82-849 82-850 82-851 82-852