HomeMy WebLinkAboutCC 1982-07-02 MinutesCITY OF MIAMI
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COMMISSION
MINUTES
JULY 2, 1982
OF MEETING HELD ON
(SPECIAL)
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
RALPH G.. ONGIE
CITY CLERK
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CI4'PSSIONflANIT; &IDA
M ND' SPECIAL-JULY 2, 1982 S«L7
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4-B
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PRESENTATIONS TO CARLOS ARAUZ AND VICTOR LOGAN.
SECOND READING ORDINANCE:,AMD. 6872-ADDING (SPD-5) TO
ART, III AND ADD NEW ARTICLE XXI-8 (SPD-6).
SELECTION OF NEW CITY ATTORNEY
DISCUSSION IN CONNECTION WITH PROPOSED REVISIONS
TO THE CITY CHARTER, TO BE PLACED ON THE NOVEMBER
'82 BALLOT.
REQUEST MDC TO ALSO CONSIDER GIVING THE PEOPLE SOME
SORT OF MEMBER DISTRICT REPRESENTATION.
REQUEST CITY ATTORNEY TO PREPARE ADDITIONAL 1 C
SALES TAX QUESTION FOR'NOVEMBER BALLOT IF METRO
FAILS TO SUBMIT QUESTION TO VOTERS.
PROVIDE FOR SPECIAL ELECTION:SEPTEMBER 7, 1982
FOR INSTANT POLLING THROUGH USE OF CABLE T.V.
SYSTEM.
PROVIDE FOR SPECIAL ELECTION: NOVEMBER 2, 1982 FOR
EXPENDITURE OF CITY FUNDS CONFERENCES OR CONVENTIONS
WHERE COMMUNIST BLOC COUNTRIES ARE INVITED AS
PARTICIPANTS.
INFORM METRO THAT $100,000 APPROPIATION TO CITY
FROM T.D.C. FOR CONVENTION BUREAU, THAT THE
APPROPRIATION BE GIVEN TO CITY TO DISTRIBUTE IN
MANNER TO SERVE BEST INTERESTS OF CITIZENS.
PERSONAL APPEARANCE: REPRESENTATIVES OF PUERTO
RICAN DEMOCRATS ORGANIZATION TO REQUEST THE
FLYING OF THE PUERTO RICAN FLAG TO MARK
AN OCCASION.
ALLOCATE $2,000.00 FOR TRAVEL TO SPAIN TO INVITE
"FEDERATION OF IBERO AMERICAN PRESS ASSOCIATION"
TO HOLD ANNUAL CONVENTION IN MIAMI.
APPROVE IN PRINCIPLE REQUESTS -LITTLE HAVANA
ACTIVITIES AND NUTRITION CENTERS FOR FUNDING.
DISCUSSION ITEM: WORDING OF BALLOT REGARDING SOLID
WASTE COLLECTING ALTERNATIVES.
DISCUSSION IN CONNECTION WITH THE FULLER AND SADAO
CONTRACT FOR ARCHITECTURAL DESIGN SERVICES IN THE
BAYFRONT PARK DEVELOPMENT PROJECT.
LANCE o
PAGE
SOUlTJ ON
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DISCUSSION
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ORD. 9460
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M-82-604
2-5
M-82-605
6-22
M-82-606
I M-82-607
M-82-608
R-82-609
R-82-610
M-82-611
DISCUSSION
M-82-612
M-82-613
DISCUSSION
DISCUSSION
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24-25
%I&V:
26-27
49K.1
29-30
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31-33
33-34
35-38
MINUTES OF SPECIAL MEETING
CITY COMMISSION OF MIAMI, FLORIDA
On the 2nd day of July, 1982, the City Commission of Miami, Florida
met at its regular meeting place in the City Hall, 3500 Pan American Drive,
Miami, Florida in Special Session.
The meeting was called to order at 6.15'P.M. by Mayor Maurice A. Ferre
with the following members of the Commission found to be present.
ALSO PRESENT:
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
Howard V. Gary, City Manager
George F. Knox, City Attorney
Matty Hirai, Assistant City Clerk
An invocation was delivered by Mayor Maurice Ferre, who then led those
present in a pledge of allegiance to the flag.
1 - PRESE11TATIOVS TO CARLOS ARAUZ AND VICTOR LOGAN.
Presentation 1. Presentation of a Plague to Mr. Carolos Arauz, Assistant
Director for the Recreation Department.
Presentation 2. Presentation of a Proclamation to Mr. Victor Logan desig-
nating the week of July 5 and 12 as MIAMI'S SUMMER BOAT
SHOW WEEK.
NOTE FOR THE RECORD: Commissioner Miller J. Dawkins enters at 6:20 P.M.
2 - SECOI4D READING ORDINANCE: AMD. 6872-Adding (SPD-5) TO ArT. III
AND ADD NEW ARTICLE XXI-8 (SPD-6).
Mayor Ferre: Item No. 3, amending Ordinance 6871, Second Reading. by adding
"SPD-5" to ARTICLE III, and adding a new ARTICLE XXI-8 (SPD-6)
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY
AMENDING ARTICLE III -ZONING DISTRICTS, SECTION 1-CLASSES
AND SYMBOLS, BY ADDING "SPD-6 COCONUT GROVE RAPID TRANSIT
DISTRICT AFTER "SPD-5 HERITAGE CONSERVATION: RESIDENTIAL -
OFFICE SPECIAL OVERLAY DISTRICT", AND BY ADDING A NEW
ARTICLE XXI-8; COCONUT GROVE RAPID TRANSIT DISTRICT (SPD-6);
PROVIDING FOR INTENT, USE REGULATIONS, LIMITATIONS ON USES,
FLOOR AREA RATION, YARDS, HEIGHT, MINIMUM FLOOR AREA, USE-
ABLE OPEN SPACE, PARKING, LANDSCAPING, AND SITE AND DEVELOP-
MENT PLAN APPROVAL; BY MAKING ALL THE NECESSARY CHANGES IN
Id 01 JUL 219M
THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO.
68710 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION
20 THEREOF: BY REPEALING ALL ORDINANCES, CODE SECTIONS OR
PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of May 27, 1982, it
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Perez, 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 Demetrio.Perez, Jr.
-.Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9460
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
3 - SELECTION OF IIEW CITY ATTORNEY.
Mayor Ferre: All right, now, Item # 1 is the selection of the Cipy Attorney
and I think the way to proceed on that, I would like to ask the Chairman
of the Selection Committee, Mr. Knox, to give us a brief report then I will
open it up for any discussion and if not, we can just vote.
Mr. George Knox: Mr. Mayor and members of the Commission, the City Attorney
Selection Committee has submitted a report to you of its deliberations which
took place from time to time over a period of about three months. After our
deliberations, we submitted a report to you containing our recommendations as
to the persons who would be finally considered by the City Commission. Those
persons were: Lucia Allen, Jose Garcia Pedrosa, Terry Percy and Lee Weissen-
born. The Committee completed its work and as planned submitted report reflect-
ing the names of individuals that we just outlined.
Mayor Ferre: All right, I think the Commission has had ample opportunity to re-
flect on the recommendation....
Mr. Dawkins: Questions for the attorney, Mr. Mayor, please.
Mayor Ferre: (I will be right with you in a second.)....of the committee, and
I think that we have all had the opportunity to interview most of the finalists,
and at least I know I have, and I think that most of you have had that oppor-
tunity. Now, I will open it up for comments, and I think we can vote. All
right, Mr. Dawkins.
Mr. Dawkins: Mr. Knox, as the chairman of that committee, what was the charge
given that committee?
Mr. Knox: The charge given to that committee was to review all applications,
conduct interviews, and select those persons that the committee felt were most
likely to be effective City Attorneys.
Mr. Dawkins: Was the charge to that committee to send back to the Commission
a recommendation of who was most and less qualified?
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Mr. Knox: No, sir.
Mr. Dawkins: So, the persons who sent in two names, saying that these two were
more qualified than the other two are out of order. Am I correct, or wrong?
Mr. Knox: Well, those persons reflected what took place in the deliberations.
Mr. Dawkins: That is not what I asked you, Mr. Knox.
Mr. Knox: I am suggesting...
Mr. Dawkins: No, Mr. Knox, hold it now. The charge was one thing, and the
results was another; is that proper?
Mr. Knox: Well, it was inconsistent with the charge.
Mr. Dawkins: Thank you. Thank you. Okay, the other thing that I would like
to say to all the Commissioners. We have a procedure. We have names, and
we were given them. I am not going to complain because Mr. Cruz was submitted
after the close of whatever deliberations were given, or whatever was given
us. I am going to go along with Mr. Cruz. But, I think it is highly irregular
that we would have, in our possession the recommendations from the committee
which we charged with the responsibility of providing us with those individuals
whom they felt qualified, and then we come up with one at the last minute.
Mayor Ferre: All right, further comments from members of the Commission, or
Questions. If not, I think we are ready to vote, then? Is everybody ready to
vote?
Mr. Dawkins: Yes.
Mr. Carollo: Mr. Mayor, are we going to make nominations, or just write the
names down?
Mayor Ferre: I think, as far as ... we can do it any way you want.
Mr. Carollo: I would like to make a nomination. I would like to nominate
Jose Garcia Pedrosa.
Mayor Ferre: All right, we have a nomination for Jose Garcia Pedrosa. Are
there any other nominations?
Mr. Dawkins: I nominate Mr. Percy.
Mayor Ferre: All right, Mr. Terry Percy. All right, are there any other nomi-
nations?
Mr. Plummer: I nominate Lucia Allen.
Mayor Ferre: Lucia Allen. Are there any other nominations? All right, one
last time. Are there any further nominations? All right, the nominations are
closed. Will somebody make a motion to that effect?
Mr. Carollo: Moved.
Mr. Plummer: Second.
Mayor Ferre: It has been moved and seconded. Further discussion on the closing
of the nominations. Call the roll on the closing of the nominations.
A MOTION TO CLOSE THE NOMINATIONS WAS MADE BY Vice Mayor Carollo and
seconded by Commissioner Plummer and was approved by the following vote:
AYES: Commissioner Miller J. Dawkins, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
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Mayor Ferre: All right, you will each take your ballot, mark it Number one
and then...
Ms. Hirai: Mr. Mayor...
Mayor Ferre: Read the ballots.
Ms. Hirai: Commissioner Plummer voted for Lucia Allen. Commissioner Dawkins
voted for Mr. Terry Percy, and Mr. Jose Garcia Pedrosa got three votes from
Vice -Mayor Carollo, Commissioner Perez and Mayor Ferre.
Mayor Ferre: All right....
Mr. Plummer: So be it. Mr. Mayor, I move that the ballot be unanimous.
Mayor Ferre: .... the results are obvious.
Mr. Dawkins: Second.
Mayor Ferre: I will accept a motion from Commissioner Plummer, seconded by
Commissioner Dawkins in the best tradition of the City of Miami, that this be
unanimous. Is there further discussion on the motion? If not, I would like
to ask Mr. Garcia Pedrosa to step forward, please. as the vote is made unani-
mously, and address the Commission, but call the roll first.
The following motion was introduced by Commissioner Plummer, who
moved its adoption.
MOTION NO. 82-604
A MOTION OF THE CITY COMMISSION APPOINTING MR. JOSE GARCIA
PEDROSA AS CITY ATTORNEY OF THE CITY OF MIAMI, FLORIDA.
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.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
AFTER ROLL CALL:
Mayor Ferre: Mr. City Attorney -to -be, on what day George?
Mr. Dawkins: Tomorrow.
Mr. Knox: Whenever he says!
Mr. Pedrosa: I don't know how to take that, George!
Mayor Ferre: August.
Mr. Pedrosa: Mr. Mavor. members of the Commission....
Mavor Ferre: Congratulations!
Mr. Pedrosa:....thank you sir. I iust want to sav that I vroudly accent. and
I look forward to serving you with distinction. I iust hove I can do as good
a iob as my vredecessor. and I know in my heart that in a few weeks. or ver-
hays a few months time. I will do you vroud. Thank you very much.
Mavor Ferre: Thank vou. I would like to make a statement into the record. I
know that Mr. Terry Pertv (I thought I saw Terry a little while ago, I guess he
is not here) ... I know that Mr. Nester Cruz is here. and I don't think Lucia
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Allen is here. but I would like to just say,...or Senator Weissenborn. First
of all, I think, that even though I had some concern about politics in the
selection process, I have since overcome that reluctance, and I think that the
selction process proved a balanced and thorough selection process. I think
that the four finalists that were chosen by the committee were all exceptionally
qualified attorneys, anyone of whom could have served with great distinction in
this job. I think they each had something to recommend them, and it really was,
at least for me, and I am sure for all of the Commissioners, a difficult choice,
but it is a nice difficult type of choice that one enjoys being in that kind of
a predicament where we have four good choices. I might say that in my opinion,
we had five good choices. Nester Cruz was someone that I really had not had
the pleasure of meeting that well before. In talking to him, he struck me as
an exceptionally qualified attorney. He graduated from Cornell Law School, and
an individual who has distinguished himself in a career of Public Service, in-
cluding the City of Miami as an, Assistant City Attorney. He read to me, by
the way,.George, this morning a copy of a letter of recommendation that you sent
to a law school, and it was indeed one of the better recommendations that I have
heard you give anybody. It was a wonderful recommendation, and I just wanted to
say on the record that Nester Cruz,in my opinion, would have made an excellent
City Attorney. I don't frankly understand how he did not make the finalist.
It is hard for me to understand why there were not five, and why he was not one
of them, but that is the way it was. I just wanted to say, because he has, out
of his own pocket, spent a lot of money to come down here from Washington. He
has made three trips. He has shown a tremendous amount of perserverence, a
tremendous amount of positive aggressiveness, and I just wanted to say to you,
Nester, that I am sorry that this is the way it went. I told you how I was
going to vote before. I think that you are to be commended for your sincerity
and for the strong, strong showing that you made. I am sure that our paths
will cross again, and I want to tell you that I am very proud that you are part
of this community and I am sure that you will be involved in other things in the
future, so my very best wishes to you, and if you wish to say another to the
Commission...
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mayor Ferre: I want to say one last thing about Nester Cruz. In very diffi-
cult circumstances, because I know that he was really anxious, and was really
trying hard. Some of the people that came with him, and some of the people
that talked to me, were trying, with all good intentions, you know, in a nice
way, but they were trying to maybe to cut up his opponents a little bit, and
in every occasion, Nester Cruz said "No, no, stop. I don't want to hear that".
He is a qualified individual. He is deserving of consideration, and if he is.
selected, he would make a very, very exceptionally good City Attorney, and I
think that certainly speaks highly of the quality of the man, and I would
like just to ask all of you to share with me by perhaps giving Nester Cruz a
hand for hard fight that he put up. (APPLAUSE)
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4-A. DISCUSSION III CONNECTION WITH PROPOSED REVISIONS TO THL CITY
CHARTER, TO BE PLACED ON THE NOVEIMER '82 BALLOT. 0 M
Mayor Ferre: All right, now we are on to Item Number two. I will tell you
what, since I think people are going to be leaving for this, do you want to
take a two -minute break? Let's take a real short break.
THEREUPON, THE CITY COMMISSION WENT INTO A BRIEF RECESS.
Upon reconvening, all members of the Commission were found
.f.o be present. -
Mayor Ferre: We are back in session. Please take your seats. All right,
we have got several Charter things we have got to talk about. One of them,
Joe, is the garbage collection thing which has been pending. See, the
problem is, and George, you stop me now if I am wrong, but we have some
time constraints, so we really in effect need to move on these Charter changes
if they indeed our going to be dealt with at all electorally September -October -
November. The other thing that we have got to deal with is the porno....
Mr. Plummer: We have done that.
Mr. Knox: We did the porno. We have to deal with the public opinion polling.
Mayor Ferre: Is that before us now?
Mr. Knox: Yes, sir.
Mayor Ferre: All right, that is the second thing, the porno thing. The
third thing that we have got to deal with is the one cent sales tax for the
Sports Arena. Let me tell you why we have to deal with that now, and Plummer
is the guy who thought of this. If we don't vote on it now, and later on
the County decides not to vote on it, that is,not to put it on the ballot
on the 6th of November, we would be precluded from doing it, so we need to
vote on it now, and then wait for the County, and if the County doesn't
vote in November, then we are ready to go. The last thing that we need to
deal with, which is the first issue that I called the meeting on, is some
proposed Charter changes. Now, I have passed around to each of you, and I
apologize for having done it so late, a copy of the report that Mr. Stuart
Simon gave, and I would like Mr. Simon, out of courtesy to you, sir and
thank you for being here, Stuart, I know Friday afternoon, it is difficult
on long weekend but, Stuart-, I would like to first of all, thank you. Mr.
Simon, would you step forward, and Dan Paul, who is the chairman of the
committee, and Darry Davis - both you and Darry, former County Attorneys,
and Tom McAliley, who was the lawyer for the Florida Senate in apportionment
George Knox, who is our very fine City Attorney and ...who else is on that?
Oh, Jesse McCreary, who is a former Attorney General, and Al Cardenas, who
is a very prominent Cuban -American attorney. You met, as I recall, on
four or five different occasions, and we have a copy of your report, which
I have passed out to all members of the Commission. Perhaps you might want
to very, veYy quickly, give us the highlights of it,. Can you do it in five
minutes or less?
Mr. Stuart Simon: Yes, Mr. Mayor.
Mayor Ferre: Thank you.
Mr. Simon: Rather then review all fifteen of the proposals that are coming
forth from the committee, I think I should talk about the two principal
proposals and give you a review of these, because these two proposals go to
the heart of the recommendations. The first recommendation of the committee
was that there be a nine -member City Commission, and eight of the Commis-
sioners were suggested to be chosen from eight single member districts,
each approximately equal in population,and the City was to be divided into
these eight single member districts. Each one of the single member dis-
tricts would elect a resident of that district to serve as a City Commissioner.
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The Mayor would be the ninth member of the Commission and would be elected by
the voters of the City in an at -large election. The Mayor would thus be the
only City official who would be elected in an at -large election, in which all
City voters would participate. Each of the other eight members of the Commis-
sion would come from an individual district. You perhaps wonder why this
recommendation was made by the committee. I think the committee was aware of
the divisions, the ethnic divisions in the City, and they wanted to insure
that there would be a representative from each of the major ethnic groups,
at least one member of each major ethnic group to serve on the Commission,
and they felt that by dividing the City into single member districts, eight
of them, there would be a virtual assurance that each one of the City's major
ethnic groups would be elected, or would have a representative on the City
Commission. I think the second recommendation of importance that was made,
was that the Mayor should remain essentially a member of the legislative branch
of government. The Mayor should preside at City Commission meetings and should _
vote as a member of the Commission, as each one of the other members. In
effect, the group is recommending to you that the Mayor not be part of the
executive branch of government, but remain the leader of the legislative
branch of government, and that is in a sense the way it is now. The one
other significant proposal that came forth from the committee that I would
recommend to you, was the incorporation of the so-called Missouri Plan. It
was felt that with eight members, each elected from a single -member district,
and the Mayor elected from the City at large, there should be some mechanism
to insure that each of the Commissioners was acceptable to the community as
a whole, and it was suggested, therefore, that two years after the election
in the individual single -member districts there should be a city-wide election,
and each of the Commissioners should appear on the ballot with the ballot
language in this form: "Shall Commissioner So-and-so be retained in office",
and the entire City should vote on the issue of whether or not Commissioner
So-and-so should be retained in office. If it was decided that a particular
Commissioner was unacceptable to the majority of the City's electors, he would
be immediately terminated in office, and there would be a special election
held in the individual district - the individual single -member district from
which that Commissioner came, and the Commissioner would be allowed to run
in his individual district. This is a rather unique proposal. I don't know
that it is in effect anywhere else in the United States. I would tell you
that it was, this third proposal, that is,the off-year elections in which the
entire community would vote on whether individual Commissioners should be
retained in office, caused a lot of discussion, and I would tell you that
Mr. Cardenas, Mr. Knox, and Mr. Paul voted for that measure. Mr. Darry Davis
and I voted against that measure. We voted against that measure on the
ground that we thought it would cause some ethnic tension in the City, and
we were anxious to avoid that. I think this is the heart of the proposal from
the committee. I think you all have reports. If you don't, I have other
copies here and would be...
Mayor Ferre: I personally passed them all out.
Mr. Simon: I think we have reviewed in written form each of the other pro-
posals from the committee, but I have verbally reviewed the major proposals.
Mayor Ferre: Thank you very much.
Mr. Simon: Thank you, Mr. Mayor.
Mayor Ferre:. I will tell you Stuart, let me...and rather than make a speech,
let me just read this out very quickly, and I think it tells you...and I am
sorry that I didn't have the time to respond to the committee fully before
this time, but let me tell you what my response was on this. This is to the
members of the Commission, and I have attached a copy of your report. I
also sent him a copy of the recommendations for the County Charter changes
of the Greater Miami United, which is a compromise position to the Metro
Charter Review Board's recommendations. You will see the similarity between
the intent of both the City and the County proposals, yet with completely
different recommendations for the City and the County. Mr. Manager, can we
send somebody out there to keep the new City Attorney quiet?
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JUL 21982
"I am grateful for the recommendations of the Charter
Committee chaired by Dan Paul."
And then I name all of the members.
"This report was well thought out, carefully balanced and
responsible. After much thought, however, the two main
areas of concern; i•e• the proper representation of
all segments of the community, and the added responsibi-
lity for the Mayor, are not sufficiently covered. There-
fore, I prefer the recommendations that the Metro Charter
Review Board proposed to the County Commission, also
chaired by Dan Paul. The Missouri Plan mid-term referen-
dum of elected officials is cumbersome in a tense
community like Miami,1and it is a built-in recall, which
.fill destabilize the proper functioning of the City's
legislative bodv. Furthermore, as a device to protect
against regionalism or ward politics, it might not func-
tion. because after the mid-term referendum, for four
vears until the next referendum, the elected official
can vote for his neighborhood and against the City's
best interests without fear of electoral repercussions.
In other words, that Missouri Plan referendum in mid-term, the next one is
four years later, so the moment you pass that one for four years, you are
free to vote your neighborhood, and not your city.
"However, the plan sponsored by Greater Miami United,
Inc., and backed by a dozen or more community -based
civic associations,"
And, by the way, I attached a copy of the associations; -and I see the for-
mer president of the N.A.A.C.P. was here a little while ago, and that is
sponsored by the Democratic Party, the Republican Party, the N.A.A.C.P.,
the Conservative Caucus, the Dade League of Cities, the Miami -Hialeah
Chamber of Commerce, the Hialeah -Northwest Dade Chamber of Commerce, the
Real Estate Council of Dade County, the Committee for Fair Representation,
the Kendall Chamber of Commerce, the Organization of Democratic Puerto
Ricans, the Dade County Bar Association, the North Dade Chamber of Commerce,
and on and on and on. I mean, a pretty heavy list of supporters, and I want to
see the County Commissioners vote against their proposal, but anyway...
"The plan sponsored by The Greater Miami United, Inc., and
backed by a dozen or more community -based civic asso-
ciations, is simpler and more Affective. As can be
seen from the proposal. the City of Miami Commission
will be divided into four districts; two districts
elected in 1984 and every four years thereafter,
and two districts elected in 1986 and every four
years thereafter. There would also be three members
_ elected at -large; the Mayor and two commissioners.
The Mayor and one at -large commissioner would be
elected in 1984 and every four years thereafter.
The second at -large commissioner would be elected
in 1986 and every four years thereafter. Because of
the fact that the Commission elections would occur
in even rather than odd years, the 1986 at -large
Commissioner would have to be elected to a two-year
period in 1984; and subsequently, in 1986 and every
four years thereafter.
'Regarding the boundary changes, I propose a Boundaries
Committee to be established and that in the Charter
we define the starting point of one of the districts;
i.e., along the bayside. Now, the people who live near
the water in Miami, whether it be in Belle Meade Isle
or Coconut Grove, have special environmental and pre-
servation viewpoints that require a specific voice, in
my opinion. In addition to which, the three remaining
districts, therefore, automatically divide themselves
de -facto into one predominantly Black and two predomi-
nantly Cuban districts. Therefore, it is my feeling,
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JUL 21982
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in this form, if constitutional, that we can assure under
legal requirement that both on a neighborhood and on an
ethnic basis, there will always be representation on the
City of Miami Commission of this tri-etnic community.
'With regard to the Mayor's role, I accept the recommen-
dation of the Charter Committee on the hiring and dis-
missal of the City Manager. But since the Committee
did not recommend veto powers for the Mayor, I would
recommend that it be the Mayor who introduces the bud-
get before the City Commission. Unquestionably, the
Commission, as a legislative body, can with a simple
majority, decide a different budget. But with these ad-
ditional powers of the Mayors there would would be a clear
responsibility established. Also, every four years, the
voters of Miami would have the opportunity to remove the
Mayor; an opportunity they do not have today in removing
the City Manager.
'I accept the recommendations of the salaries of the Mayor
and the Commissioners as expressed in your memo:
'I also accept Paragraphs 10 and 11 that the election
should be held during state primaries and general elec-
tions and that there be no limit to the terms.
'I accept both Paragraphs 12 and 13 because they are com-
parable to what the State and County presently have. In
other words, that the County Attorney's opinions are bind-
ing on the County Commission, as are the State Attorney
General's binding on the Cabinet.
'I further accept Paragraph 14 in that the City Manager
should appoint all department heads and staff, with the
consent of the Commission."
And by the way, that is a major change that you didn't mention in your
report. And I understand that you did that yesterday.
Mr. Simon: That is correct, Mr. Mayor.
"All of the items adopted should be placed as one vote,
except for the salary increase, and that item should be
in a separate question."
Now, I would recommend members of the Commission that...and I would like to
actually make a motion that this be placed on the ballot in November so
that we can comply with the legal aspects of it. However, I would like to
recommend the following. and Mr. City Attorney, I need your guidance on
this. I would like to have three public hearings on these recommendations.
One, in the Black community, and I would like to have it ... I hate to have
it outside of the City of Miami, but the Joseph Caleb Center, I think would
be the best place, don't you think, Miller?
Mr. Dawkins: Yes.
Mayor Ferre:, Do you mind having it outside the City of Miami?
Mr. Dawkins: I have something to say after you have finished. No, I don't
care where we have it. I have no problem with that, Mr. Mayor.
Mayor Ferre: All right, so I would say that one should be at the Joseph
Caleb Center, properly advertised. The second one should be in Little
Havana, and I would like to make that in, I would say probably in the Little
Havana Community Center there, which I think would be a good location. And
the third one I think we should have right here for the community along the
Bay, I guess is a new term, which is the, for the most part, the White Anglo-
Saxon community of Miami that lives mostly along the Bay area. More than
half of the so-called Anglo-Saxon White, or non -Latin White, or whatever
you wish to call it, live along the precincts that border on the Bay side.
I would therefore, Mr. City Attorney, like to have those three public hear-
ings.properly advertised, and then the Commission would come back and make a
09 JUL 21982
final vote after those public hearings. Now, can we do that legally, and
change the language or the conditions, or are we...I mean, what is the legal
of this?
Mr. Knox: The final language must be prepared for delivery to the supervisor
of elections, not later than September 18th in order to get on the November
ballot.
Mayor Ferre: In other words, we can have up until September 18th to have
these public hearings. Is that correct?
Mr. Knox: Yes, sir. ?low, you must have ordinances ready for first reading on the
9th of September, which is very shortly after your recess.
Mayor Ferris. So what is the legal procedure for me to follow.? Would I make -
a motion now, pass it as a motion of intent, and then hold public hearings,
and then hold the ordinance until sometime in September?
Mr. Knox: Yes, air. You can do that. Now, what you need to do, the City
Commission needs to....
Mayor Ferre: You can modify it.
Mr. Knox: .... adopt a resolution, which directs the City Attorney to draft
language which will amend the Charter, and at that point, we will have satisfied
one of the requirements of law. And then we have until September in order to
draft the ordinances, have first and second reading, and get them to the
Supervisor of Elections.
Mayor Ferre: Now, let me remind you again that the only reason why we are
doing any of this is because of the legal constraints of time, but we will
have plenty of time, once beyond the ninth, between now and September 18th to
_ deliberate on all these things, hold public hearings, and then in the end,
at the last result, you can vote for or against it, or change it or modify
it. Is that right, George?
Mr. Knox: Yes, sir.
Mayor Ferre: Now, before I make the motion, obviously, let's see if we
can get with ... I will recognize you. Do you want to be heard first? All
right, Mr. Dawkins.
Mr. Dawkins: Okay, Mr. Mayor, I agree with you that the Charter does need
revision. I too, had a committee that studied the Charter. That committee
reported back to me that it was too much of a job to attempt to analyze any
Charter amendments in the short time. I also see, and I read from the
report from your committee which says "The committee finds that the City of
Miami Charter is in need of in depth examination and modification in many
other areas, but such changes were beyond the charge of the present committee
and therefore not undertaken". Now to me. this says that this is too
serious a iob For us to run into. I agree with vou. the Charter needs
changing. 1 also realize that we have an election in '82. but we also have
an election in 183. We also...
(INAUDIBLE*BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mr. Dawkins: Whv not? Whv?
Mavor Ferre: The Charter precludes...George. help me on this. The Charter
says that there will be no changes in the Charter during an odd year, and that
there will be .... no sianatures, must be collected for any Charter changes during
an ndA veAr...
Mr. Dawkins:.While he is looking, will you give us an opinion? You are the
Charter expert. While he is looking it up, just give me off the top of your
head...
Mr. Simon: I don't know the answer to that, Commissioner Dawkins, and I
don't want to mislead you.
Mr. Dawkins: Okay, thank you, then. Let's wait until George looks it up.
14
ld JUL 21982
rl
Mayor Ferre: Yes. As I recall, and the reason why we always stuck on these things,
let me tell you what happens, Miller, while he is looking it up. What happens
is this: that everytime there is an electoral year here, like next year,
everybody gets uptight, because everybody is running for office, and the Mayor
is running and the commissioners, and everybody has an election to run. We
don't want to get into these side issues, and so therefore, we avoid them.
And that is why tradionally, whenever there has been Charter changes, and
Plummer, you correct me if I am wrong, we have always done them on even years,
or tried to do them on even years.
Mr. Dawkins: Okay, let's go back to the Charter. Let's get a reading from
George not what is traditional, but what is legal.
Mr. Knox: We are going to have to check the State Statute, because we are
now operating under the State Statute, State Home Rule Powers Act, regardless
of what the -Charter says, so we will have th check the...
Mayor Ferre: The Charter says...read the provision in the Charter.
Mr. Dawkins: But he says the State makes this null and void - our Charter,
is that correct?
Mr. Knox: The Home Rule Powers Act has provisions which relate to amendments
to municipal charters, and that is we are required to adhere to, and
this is a recent development within the last ninety days, based upon a
decision in the Florida Supreme Court.
Mr. Dawkins: So I am just saying that I feel, in my opinion, that this is
too serious an affair to rush into, and I feel that my constituents who.
supported me dearly, would rather that we have hearings in the communities
and then have public hearings and come back here and then everybody would be
aware for what is happening, and what we are doing, but that is my opinion.
Mayor Ferre: All right, anybody else want to get into this?
Mr. Plummer: Well, Mr. Mayor, I think what we need to do - Commissioner
Dawkins has made his position very clear. If I understand what he is saying,
he would be opposed to putting anything on this November ballot, so I think
what we really have to do, before we go into working on the documents that
you and the committee have proffered to us, I think we should first take a
vote of this Commission as to whether or not we are going this November or
not, because if we are not, then let's don't take up the time tonight.
Mayor Ferre: I think that is wise counsel. All right then, on the issue
do you want to make a motion then that it be next year, if you get a second
on that?
Mr. Dawkins: Mr. Mayor, I feel that the Miami Charter does need revisions,
but I feel that it is too serious an issue to jump into it, therefore I make
a motion that we study the issue for one year, have public hearings on it,
and put it on the ballot in 184.
Mayor Ferre: All right, is there a second? Is there a second?
Mr. Perez:"15utting it on the ballot in '84?
Mayor Ferre: Rather than in '83.
Mr. Plummer: '83 rather than 182.
Mayor Ferre: I beg your pardon. '83 rather than 182. Let's get our years
straightened out.
Mr. Plummer: Well, there is no second, that is why I didn't...
Mayor Ferre: Is there a second? All right, hearing none now, let's hear
the reverse motion then. You want to make the other motion? Somebody here?
All right.
Mr. Carollo: Mr. Mayor, I make a motion that we put it on the ballot this
coming election.
1�
d JUL 21982
Mayor Ferre: In November?
Mr. Carollo: In November, of course.
Mayor Ferre: In November of '82. Is there a second to that motion?
Mr. Perez: I second.
Mayor Ferre: All right. second by Demetrio Perez. Is there further dis-
cussion. All right, call the roll.
The following motion was introduced by Vice -Mayor Joe Carollo, who
moved its adoption:
MOTION NO. 82-605
A MOTION OF THE CITY COMMISSION STIPULATING THAT ALL THE
PROPOSED CHARTER REVISIONS AS ITEMIZED BY THE MAYOR AND
AS MORE FULLY DISCUSSED BY THE MEMBERS OF THE CITY COMMIS-
SION DURING THE DELIBERATIONS OF THIS DATE SHALL BE PLACED
ON THE NOVEMBER, 1982 BALLOT.
Upon being seconded by Commissioner Perez, the motion was passed
and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: Commissioner Miller J. Dawkins
ABSENT: None
Mayor Ferre: All right now, that means we are going to discuss these issues.
There is only one thing missing, and I apologize to the members of the Com-
mission. There should be an Item Number VII.' If you will look on the third
page of the memo I wrote you, I have got six things I outlined, which are
basically the things that I discussed in the memo. Now, there is an Item
Number VII missing, and Item Number VII that is missing is the statment...is
Item Number 14 in Stuart Simon's report which says, and I will read it to
you...specifically it says: "The City Manager will appoint department heads
and assistant city managers subject to the approval of the Commission." And
I would like to incorporate that also. That would be Number
Mr. Plummer: But incorporate it how?
Mayor Ferre: Well, that would be Item Number VII. In•bther words, it would
say just what that says: "The City Manager appoints department heads and
assistant city managers, subject to the approval of the Commission". Now
the Charter, I might remind you at the present time, does not give the Commis-
sion the approval of the City department heads or the assistant city managers.
Why don't you explain that a little bit, Stuart. because that frankly, was a
surprise to me.
Mr. Plummer: Excuse me. Let me ask this question. Is that the majority of
the Commission?
Mayor Ferre: Of course that it has to be the majority.
Mr. Plummer: Well, it doesn't say, it is silent, and it could be read as
Commission could mean the unanimous vote.
Mayor Ferre: No, no, the majority of the Commission, as everything else.
Why don't you explain how you came to that. I'll be curious to know the vote.
Did Dan Paul vote for that?
Mr. Plummer: Yes.
Id
12
JUL 21982
Mr. Simon: Yes. I think that this was a unanimous proposal.
Mayor Ferre: Well, tell me what the thrust of it is. I mean, I think I under-
stand, but I am surprised that it didn't come up. Why didn't it come up in
the beginning, and why did it come up at the last minute?
Mr. Simon: It happened this way, Mr. Mayor. It was suggested that the City
Manager should appoint department heads and assistant city managers, and that
was the recommendation, and the language was without the approval of the Com-
mission, and without the approval of the Mayor. There was not detailed dis-
cussion of that issue. It was felt that the head of the executive branch of
government, if he was going to carry out the policy, it was felt generally
that the City Commission should serve the policy making function, that all
policy was to be made at the Commission level, and the Manager's function
was then tV carry out the Commisssion's policy. It was felt originally that
the department heads and assistant city managers should be named by the -
City Manager, because it was the City Manager's function and duty and res-
ponsibility to carry out this Commission's policy. and he should carry it
out with people that he trusted and felt comfortable with.
Mayor Ferre: That is not the thrust of my question. The thrust of my ques-
tion is, you are not giving the Commission the power to approve the Manager's
appointment, so for example, if the Manager appoints a new head of the Build-
ing Department, or the Fire Department, a new Fire Chief, the Commission has
to concur with his appointment.
Mr. Simon: What I was saying, Mr. Mayor, I understood your question to be:
"Why did the committee originally take the position that it did".
Mayor Ferre: No, no, no ....
Mr. Simon: And I was trying to explain that position, and then I was going
to explain why it changed.
Mayor Ferre: No, I don't need an explanation, I don't think anybody iteeus an
explanation to that for a very simple reason, that is the way it is now. The Aarger
chooses whoever he wants to for department heads. See, there is precedent
for this. The precedent, of course, is that when the President appoints...
the Chief Administrator of the country appoints a cabinet member or the head
of the F.B.I., or a sensitive position in government, it must be approved
by a legislative branch, in other words, it must be a concurrence of that
nomination. I mean, we are going to go through that now with the new Secre-
tary of State. But, ...were you involves in those deliberations, George?
Mr. Knox: Yes, sir.
Mayor Ferre: Did you vote for that?
Mr. Knox: Yes, sir, and I will tell you what my recollection of that portion
of the meeting deal with. It was felt that there was a series of checks and
balances that were trying to be created. In other words, to have the City
Manager, without concurrence or affirmance appoint department heads and
assistants, may be an imbalance of power on behalf of the City Manager. To
have the city managers appointments be approved of or concurred in by the
Mayor, could.have represented an imbalance of power in the Mayor, and to
have the Commission to approve appointments was a balance, or a check on the
power of the Mayor, who had the power to appoint the Manager, so that the
Mayor couldn't indirectly dictate the appointment of assistant city managers
and department heads, so it is a three-part kind of check and balances.
Mr. Simon: This change was made yesterday, and it was the only change that
the committee made in its original recommendation.
Mayor Ferre: I would like to then go over the seven points. We have just
gone over point number seven. The point number one is the Commission will...
Mr. Simon: Are these the numbers in your ...?
Mayor Ferre: Yes, these are my numbers. This is the motion that I am going
to make: Number one, Item A. The Commission will be composed of a Mayor and six
Commissioners. They will be elected as follows: In the 1984 Presidential
election and every four years thereafter, the Mayor will be elected at large.
Id 13 JUL 21962
e
Two Commissioners will be elected from districts, and one at -large. In 1966,
and every four years thereafter, two Commissioners will be elected from districts
and one at -large. Item B. The Boundaries Committee will be impanelled every
ten years after the decennial census for the purpose of establishing the
boundaries. The four districts will be equally divided to meet the one-man,
one -vote, constitutional mandate, but will legally gerrymander so as to main-
tain representation both on a neighborhood and on an ethnic basis. Item C.
The Chief Judge of the Circuit Court of Dade County will serve as chairman,
or appoint the chairperson of the committee. The committee will be composed
of the president of the Dade County Bar Association, The Black Lawyers Associa-
tion, and the Cuban -American Lawyer's Association. Each member of the Commission,
including the Mayor will appoint a representative. Number II. The Mayor
will select the City Manager. After written notification of the selection to
the Commission, the Commission will have thirty days to reject the selection
with a simple majority vote. If`the Commissioners reject, the Mayor must
submit a newname within thirty days and that process is to continue until
the Manager is selected. The same procedure will work for the dismissal of
the City Manager, i.e., the Mayor can remove, and if the Commission rejects,
it must be by a simple majority vote within thirty days. Number III. Annually
on August 1st, the Mayor will submit the budget to the City of Miami Commission
for deliberations and passage of the budget ordinance by October 1st, as in
the present Charter, which is the beginning of the fiscal year for the City
of Miami. The Commission, with or without the budget submittal of the Mayor,
will begin budget deliberations on September 1st. The reason they put that
in, is so that there is no hiatus, or situation where the Mayor has not sub-
mitted the budget, and then there is no budget to deal with. In other words,
the Commission was the ultimate responsibility of approving the budget, would
therefore start deliberations as we always do, the first week in September.
Number IV.' The salaries and expenses of the Mayor and the Commissioners, as
currently outlined in the Charter, will be increased to account for the cost
of living increases since 1960. The Mayor's salary will always be twice
that of the Commissioners. Number V. Elections shall be held at the time
set for state primary system and general elections. Number VI. The City
Attorney shall serve at the pleasure of the Commission. His opinions will
be binding on the Commission.i.correct "should" and it will read "will" or "shall"..
"be binding on the Commission, and the City Administrative staff", and Number
VII, which I have read into the record before, and let me re -read it. It says:
"The City Manager shall appoint department heads and assistant city managers,
subject to the approval of the majority of the Commission". I to move --these
seven items, just for discussion purposes, or do you want to just..? I will
pass_the gavel to you, and if you don't get a second, or whatever, I don't care.
Do you want to discuss it first? I don't care, J. L.
Mr. Plummer: Mr. Mayor, I have some questions, really, or discussion, how-
ever you want to go about it.
Mayor Ferre: I don't care how you do it, and again....
Mr. Plummer: Mr. Mayor, on Item Number 2...
Mayor Ferre: J, L., I want, for'tbe benefit of.those that are present here, so
that we understand, there will be a series of public hearings, if this gets three
votes tonight, All this does is...I am going to simplify the motion by say-
ing, it is the intent of the City of Miami Commission to have public hearings
on this, or, related matters, to instruct the City Attorney to prepare the
proper legal documents, and that it is the intention to put something of
this nature on the ballot in November, without saying what exactly it is.
And we will then, after the public hearings, where I am sure many of the
people of civic groups of this community will speak - after we have these
three public hearings, we will come back for final action, and we may or
may not vote for any of these things. I am sorry, J. L.
Mr. Plummer: Well, I am at a loss to know whether to go into it this evening.
Let me just go at it very quickly, here, Mr. Mayor. Item No. II, I would like
to see the wording in the committee's report to replace that in yours.
Mayor Ferre: Fine.
Mr. Plummer: Instead of "the Mayor will select", I want the terminology, or
my thinking on this matter is "shall nominate". "After written notification
of this nomination." There is a difference between selecting and nominating.
14
JUL 21982
id
A
4
Mayor Ferre: Stuart, do you want to clarify that a little bit?
Mr. Simon: Yes. I think there is a difference. If you select, it would
mean that the person would begin serving as City Manager immediately upon
the selection.
Mayor Ferre: Okay, I stand corrected, and Plummer is right. In other words,
the Mayor would nominate, and the person would not be confirmed until after
the period of acceptance or rejection had occurred. Am I right, George?
Mr. Plummer: And likewise, conversely, if he is leaving
Mayor Ferrel Yes.
Mr. Plummer: I would like to see...
Mayor Ferre: Plummer, I accept that as a correction.
Mr. Plummer: All right. Down at the bottom, it would then read "the Mayor
can recommend the removal of the City Manager", but the way it reads in your -
report, Mr. Mayor...
Mayor Ferre: Look, let's do it this way. I accept the wording as established
by the legal committee.
Mr. Plummer: Okay, in other words, you would recommend the removal of the
City Manager to the Commission.
Mayor Ferre: Precisely. Precisely. Well, no, I think the way it would work,
_ -and it isn't me necessarily, it is whoever is the Mayor, okay? -The Mayor,
okay...would recommend the selection, but that person, if there is no negative
vote, within thirty days then becomes the City Manager.
Mr. Plummer: But, the way it reads here...
Mayor Ferre: And I stand corrected on the way it reads here. In reverse,
it would be, if the Mayor says "There is a dismissal" he so states, and I
think the legal language, George, you are going to have to draft up the legal
language, is that the Mayor would have to send a formal letter in writing
signed to the Clerk, and that the Clerk would distribute to the Commission
and that in thirty days after, the Commission at a meeting called by any
member of the Commission, did not vote in its majority to over -rule the
Mayor, then it would...
Mr. Plummer: Such letter to the Clerk would then also contain the reasons
for dismissal.
"Mayor Ferre: of course, I think that -is all legal language that nas to be.....
I think that is that case, the Manager would nave the -right. to a public hearing.
Mr. Plummer=, Yes, the same as is presently there. That is not eliminated.
I question,. Mr. Mayor, why in Item Number IV, speaking to the cost of living
increase, you only went back to 1960, but the committee went to 1951.
Mr. Simon: I think I can clarify that. The committee...
Mayor Ferre: Did the committee go back to '51?
Mr. Plummer: Yes.
%fr. Simon: Yes.
Mayor Ferre: Well. I stand corrected then. I am sorry. I did this in a
hurry, and I apologize, it is 1951.
Mr. Simon: In the initial report submitted by the committee. it was 1960.
The committee changed that yesterday and decided to go back to 151.
15 JUL 21982
Id
4 '0
Mayor Ferre: Well then you...The reason why I did this, is when I wrote this
thing originally, that is why seven is missing, as I was using your June 23rd
recommendation. And now what you did, is you switched on me yesterday. You
didn't tell me about it on the phone today, and I apologize, and I stand
corrected. It is 1951.
Mr. Plummer: Mr. Simon, may I ask of you sir, we are in receipt of a letter
from the Supervisor of Elections, questioning the proposal, if it were to go
on this November ballot, that they are indicating that it would be impossible,
as a normal City election one week later for a runoff, that in 1984, Presi-
dential year, how would you propose, sir, that ... I guess really that the
hiatus here is, City elections, by Charter, are one week (seven days) after
the primary. We are non -bipartisan, so we don't have the problem there of
primaries. They are saying that.if your elections were the Presidential
elections fn 184, that they can't be ready to hold another election seven _
days thereafter. Also, what I am also reading, is that that would cause, if run-
offs, and usually we do, that it would be called for a special election,
which is, as we know, is eighty to one hundred thousand dollars. I think
that problem has to be addressed.
Mr. Simon: I think that the committee intended in its proposal that elections
be held in tandem with State primary elections and with the national general
election....
Mr. Plummer: What you are saying then is...
Mr. Simon:....to avoid the expense of a general election. and it may be that
the suggestion of the committee is, although we did not specifically address
this issue that you have raised, but I would say that it was the committee's
intent to hold the elections as economically as possible. and to hold them
in conjunction with other state and national elections, and if it was....
Mr. Plummer: So what you are then...
Mr. Simon:....necessary to do away with that...
Mr. Plummer: Stuart, what you are saying then, if I understand you, because
we do not have primary elections, we only have the two. Would it be in
September and November? What is the mechanics of that?
Mr. Simon: I think that it could be either way that you chose to go in terms
of amending your Charter.
Mr. Plummer: But I think that it has to be clarified here for an official
document. Do you understand, Maurice?
Mayor Ferre: Yes, well clarify it.
Mr. Plummer: Well, I am not trying to pick the date. Would it be, in your
estimation, should October - the primary? I think everybody would agree that
November should be the runoff.
Mr. Simon: I notice that 2'.r. Leahy, the Supervisor of Elections is here. and
perhaps, I would certainly suggest that the election be held in a way that
would be cdavenient for the County and so the matters could be placed on the
ballot and -the people could vote on them.
Mr. Plummer: Okay, Mr. Knox, you will address ... you will look into that
matter?
Mr. Robert Clark: I have a commitment from Mr. Simon that he and I will go
over this with a fine tooth comb.
Mr. Plummer: ,Mr. Simon, excuse my ignorance. If this were to be passed in
November, when does it actually take effect?
Mayor Ferre: In '84.
Mr. Plummer: I see the elections take place in 184. There is no clarifying
language as to...
Id
16 JUL 21982
C
Mayor Ferre: Since I am the maker of the motion, I will clarify. The intent
of this motion is that everything remains as is until after the election of
November of the year 1984.
Mr. Plummer: All right, so the provisions relating to the Mayor would not
take effect until that time.
Mayor Ferre: None of these provisions would take effect until 1984.
Mr. Plummer: Okay. Mr. Mayor, that is all the...
Mr. Simon: May I just make a suggestion, Mr. Mayor? You will want the
election to be conducted in accordance with the new rules, rather than the
old rules.
Mayor Ferri: I am sorry, well, I mean,...the elections would take place
in 1984. Precisely. I stand corrected. That is what I mean.
Mr. Plummer: Yes, okay.
Mayor Ferre: In other words, the first thing that will happen here is the
election in 184.
Mr. Plummer: That is not spelled out is why I am asking.
Mayor Ferre: Yes, okay, so as the maker....
Mr. Plummer: That is all I have right now, and just for my edification, Mr.
Clark, voting favorably on this motion as made by the Mayor this evening,
does not preclude my maybe wanting to bring in one of the other articles at
at later time.
Mr. Clark: Not in the least.
Mr. Plummer: Thank you, sir.
Mayor Ferre: Are you ready for the motion, then?
Mr. Plummer: Unless somebody else has discussion.
Mr. Perez: May I ask a question? Mr. Mayor, in Number one (a), how would
you decide what districts go to election in 1984?
Mayor Ferre: I would say that the districts that go to the election would be
the district that would be on the bay side, now that has to be spelled out.
In 1984, the bay side district would go on the ballot, and the one that covers
Little Havana .... not Little Havana, it's called Flagami. What is it called, Plummer?
Mr. Plummer: Flagami.
Mayor Ferre: Yes, but it is more than Flagami. It is Flagami coming into...
Mr. Carollo: Flagami, and really southern Little Havana.
Mayor Ferre:, And it was called southern Little Havana.
Mr. Carollo: Extreme southern.
Mr. Perez: The north side of Little Havana.
Mayor Ferre: It is southwest Little Havana. It is marked yellow in this
map here, okay?
Mr. Perez: Is that the official map?
Mayor Ferre: In 1986, the districts would be the Central District, which
would be composed of Allapattah, south to eastern Little Havana, and the
precincts west of the bay, that would take most of the Black community
into effect. That would be in 186. There would also be, in both 184 and 186,
an at -large seat. In other words, in each election year, there would be
three positions to fill in the Commission: two from districts, one at -large,
17 JUL 21982
1d J
Okay? The first one would be the bay side, and the western Latin community
and in '86 it would be the Black district and eastern Little Havana.
Mr. Plummer: I am not buying that.
Mrs. Grace Rockafellar: May I ask one question?
Mayor Ferre: Yes, Ma'am.
Mrs. Rockafellar: I have been asked this a number of times here today. How
about the elections of '83, if this takes effect in '84.
Mayor Ferre: There would be no elections in 183.
Mrs. Rockafellar: What do you mean? The people that are coming up for
election iti '83 were only elected, the Commissioners for four years and the -
Mayor for two years. Are you giving them another year gratis?
Mayor Ferre: Yes.
Mrs. Rockafellar: Can you do that legally when they are only elected for a
certain length of time?
Mayor Ferre: Yes.
Mr. Plummer: I think, Grace, what the Charter reads, until their successors
have been elected.
Mayor Ferre: That obviously has to be addressed legally,too.
Mr. Plummer: Four years or until their successors are elected.
Mrs. Rockafellar: It doesn't seem legal, and I don't think it is fair.
Mr. Plummer: Well, of course. It has got to be legal and it has got to be
voted favorably.
Mayor Ferre: Okay - yes?
Mr. Simon: Mr. Mayor, I was just going to mention that the recent opinion
of the Florida Supreme Court, from the Florida Senate, in which half their
Senators had their terms shortened by two years,is an indication that this
would be valid.
Mayor Ferre: Well, I guess you won't get a crack at some of us until '84
then. Okay.
Mr. Plummer: No, no. She will get it this November.
Mayor Ferre: Oh yes. All right. Any other questions. Now, I want to re-
mind you again that we are going to go through three public hearings, and
I am sure a lot of changes and deliberations before we finalize. My motion,
are you ready for the motion so I won't have to do it twice?
Mr. Perez: Let me ask you something else, Mayor. In Number II. do you
have any limitations in the power for the Mayor for the nomination of the
City Manager?
Mayor Ferre: Well, that has been corrected now by Plummer. The Mayor
recommends...
Mr. Plummer: Nominates.
Mayor Ferre: Nominates.
Mr. Perez: Nominates, yes but how many times? Don't you think it would be
healthy, for example, to have this power to be limited to two or three
recommendations and thereafter, the City Commission make their own recommen-
dations?
Mayor Ferre: I think that is reasonable. I would accept that as an amendment.
18 2198
Id JUL 2
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If the Mayor can't come up with a proper City Manager after three or four
recommendations, then he shouldn't come up with any further recommendations.
I accept that. I have got no problems with that. I would accept that as an
amendment, Mr. City Attorney. On the record, this is Item Number II, as
further amended, that after, let's say, four recommendations, the Manager...
(inaudible comment)three, that after three recommendations the Mayor's proposals are
not accepted, that is, they are rejected by the Commission, that from then on,
it will be the selection of the Commission. That is fair.
Mr. Perez: And it is clear that the position will be a part-time
position or full-time?
Mayor Ferre: Part-time. The Commissioners and the Mayor will be part-time.
Anything else? Any other questions? Well, I am ready to make the motion
then. I would like to move that the City of Miami Commission in principle
adopt Charter changes as outlined during these deliberations to be further -
refined, expanded or changed after a series of three public hearings, one to
be held geographically in an area in the Hispanic community, one to be held
in an area geographically in the Black community, and a third to be held at
City Hall, between now and the first week of September, and that the City
Attorney is instructed to legally research and perfect and come back with
the proper ordinance to be adopted at a final City of Miami Commission meet-
ing sometime in the first two weeks of September, and I accept all of the
amendments as I stated into the record to the memorandum that I previously
passed out, and I so move.
Mr. Carollo: There is a motion. Is there a second?
Mr. Perez: I second.
Mr. Carollo: It has been seconded by Commissioner Perez. Is there any
further discussion? Hearing none, may we have roll call.
The following motion was introduced by Mayor Ferre, who moved its
adoption:
MOTION NO. 82-606
A MOTION OF INTENT OF THE CITY COMMISSION TO ADOPT PROPOSED CHARTER
REVISIONS, AS MORE FULLY OUTLINED DURING ITS DELIBERATIONS OF THIS SAME
DATE, WHICH ARE BASICALLY AS FOLLOWS:
I. (a) THE COMMISSION WILL BE COMPOSED OF A MAYOR AND SIX COMMIS-
SIONERS. THEY WILL 8E ELECTED AS FOLLOWS: IN THE 1984
PRESIDENTIAL ELECTION AND EVERY FOUR YEARS THEREAFTER, THE
MAYOR WILL BE ELECTED AT -LARGE. TWO COMMISSIONERS WILL BE
ELECTED FROM DISTRICTS AND ONE AT -LARGE. IN 1986, AND EVERY
FOUR YEARS THEREAFTER, TWO COMMISSIONERS WILL BE ELECTED
FROM DISTRICTS AND ONE AT -LARGE. THE FIRST DISTRICTS TO GO
TO ELECTION, TENTATIVELY, HAVE BEEN DESCRIBED AS FOLLOWS:
IN 1984- (J) THE BAY SIDE DISTRICT (ALL PRECINCTS
ALONG THE BAY),INCLUDING THE CORAL GATE
AREA;
(JI) FLAGAMI TO SOUTHWEST LITTLE HAVANA.
I11 1986 (1) THE CENTRAL DISTRICT (INCLUDING THE
CIVIC CENTER, ORANGE BOWL, EAST LITTLE
HAVANA, AND THE SHANANDOAH AREA);
(ii) THE NORTHWEST DISTRICT (INCLUDING LIBERTY
CITY, BUENA VISTA, MANOR PARK, AND THE
ALLAPATTAH AREA).
(b) A BOUNDARIES COMMITTEE WILL BE IMPANELLED EVERY TEN YEARS
AFTER THE DECENNIAL CENSUS FOR THE PURPOSE OF ESTABLISHING
THE BOUNDARIES. THE FOUR DISTRICTS WILL BE EQUALLY DIVIDED
TO MEET THE ONE-MAN, ONE -VOTE, CONSTITUTIONAL MANDATE BUT
WILL LEGALLY GERRYMANDER SO AS TO MAINTAIN REPRESENTATION
BOTH ON A NEIGHBORHOOD AND ON AN ETHNIC BASIS-
(c) THE CHIEF JUDGE OF THE CIRCUIT COURT OF DADE COUNTY WILL
EITHER SERVE AS CHAIRPERSON OR APPOINT THE CHAIRPERSON OF
THE COMMITTEE. THE COMMITTEE WILL BE COMPOSED OF THE
PRESIDENTS OF THE DADE COUNTY BAR ASSN., THE BLACK LAWYERS
ASSN., AND THE CUBAN-AMERICAN LAWYERS ASSN. EACH MEMBER OF
THE COMMISSION, INCLUDING THE MAYOR, WILL APPOINT A
REPRESENTATIVE. 19 s7 ..
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11- THE MAYOR SHALL NOMINATE THE CITY MANAGER. AFTER WRITTEN NOTIFICATION
OF THIS NOMINATION TO THE COMMISSIONERS, THE COMMISSIONERS WILL HAVE
THIRTY (30) DAYS TO REJECT THE NOMINATION BY SIMPLE MAJORITY VOTE. IF
THE COMMISSIONERS REJECT, THE MAYOR MUST SUBMIT A NEW NAME WITHIN
THIRTY (30) DAYS. IF, AFTER THREE (3) CONSECUTIVE NOMINATIONS BY THE
MAYOR, SAID PROPOSED NOMINATIONS ARE REJECTED BY THE CITY COMMISSION,
FROM THAT POINT ON, IT WILL BE THE CITY COMMISSION'S RESPONSIBILITY
TO SELECT A CITY MANAGER.
THE SAME PROCEDURE WILL WORK FOR THE DISMISSAL OF THE CITY
MANAGER; i.e., THE MAYOR CAN REMOVE, AND IF THE COMMISSIONERS REJECT,
IT MUST BE BY A SIMPLE MAJORITY VOTE WITHIN THIRTY (30) DAYS. UPON
A DECISION BY THE MAYOR TO HAVE THE CITY MANAGER DISMISSED, THE
FOLLOWING PROCEDURE SHALL BE FOLLOWED:
(a) THE MAYOR SHALL SEND A WRITTEN FORMAL COMMUNICATION TO THE
CITY CLERK CLEARLY STATING THE REASONS FOR THE DISMISSAL;
(b)7 THE CITY CLERK WOULD THEN DISTRIBUTE SAID COMMUNICATIONS TO -
THE MEMBERS OF THE CITY COMMISSION;
(c) IF THIRTY (30) DAYS AFTER THE CITY COMMISSION, WHILE IN SESSION,
DOES NOT VOTE IN ITS MAJORITY TO OVERIDE THE MAYOR, THE DISMISSAL
WOULD THEN BE CONSIDERED OFFICIAL.
III. ANNUALLY, ON AUGUST 1ST, THE MAYOR WILL SUBMIT THE BUDGET TO THE CITY
OF MIAMI COMMISSION FOR DELIBERATION AND PASSAGE OF THE BUDGET
ORDINANCE BY OCTOBER 1ST, WHICH IS THE BEGINNING OF THE FISCAL YEAR
FOR THE CITY OF MIAMI. THE COMMISSION, WITH OR WITHOUT THE BUDGET
SUBMITTAL OF THE MAYOR, WILL BEGIN BUDGET DELIBERATIONS ON SEPTEMBER
1ST.
IV. THE SALARIES AND EXPENSES FOR THE MAYOR AND THE COMMISSIONERS, AS
CURRENTLY OUTLINED IN THE CHARTER, WILL BE INCREASED TO ACCOUNT FOR
THE COST OF LIVING INCREASE SINCE 1951. THE MAYOR'S SALARY WILL
ALWAYS BE TWICE THAT OF THE COMMISSIONERS.
V. THE ELECTIONS SHOULD BE HELD AT THE TIMES SET FOR STATE PRIMARY
SYSTEM AND GENERAL ELECTIONS.
VI. THE CITY ATTORNEY SHALL SERVE AT THE PLEASURE OF THE COMMISSION.
HIS OPINIONS SHALL BE BINDING ON THE COMMISSION AND THE ADMINISTRATIVE
STAFF.
VII. THE CITY MANAGER SHALL APPOINT DEPARTMENT HEADS AND ASSISTANT CITY
MANAGERS, SUBJECT TO THE APPROVAL OF THE CITY COMMISSION.
IT IF FURTHER STIPULATED THAT ALL THESE ITEMS SHALL BE PLACED ON THE
NOVEMBER, 1982 BALLOT AS ONE VOTE, EXCEPT THE SALARY INCREASE ITEM WHICH
ITEM SHALL STAND AS A SEPARATE QUESTION. PREVIOUS TO THE PLACING OF ALL
THESE ITEMS IN THE NOVEMBER BALLOT, THE CITY CLERK SHALL PROPERLY ADVERTISE
FOR THE HOLDING OF A SERIES OF PUBLIC HEARINGS (NAMELY THREE [31) TO BE
HELD IN THE FOLLOWING GEOGRAPHICALLY CHOSEN AREAS:
(a) ONE PUBLIC HEARING IN THE BLACK COMMUNITY, AT THE JOSEPH CALEB
CENTER;
(b) ONE IN THE LATIN COMMUNITY, AT THE LITTLE HAVANA COMMUNITY
CENTER; AND
(c) ONE PUBLIC HEARING AT CITY HALL, AT DINNER KEY.
ALL THE HERINABOVE PROPOSED CHARTER REVISIONS TO BE FURTHER REFINED,
EXPANDED AND/OR CHANGED SUBSEQUENT TO THE HOLDING OF THE THREE (3) PUBLIC
HEARINGS. THE CITY ATTORNEY IS HEREBY INSTRUCTED TO LEGALLY RESEARCH,
PERFECT, AND COME BACK WITH THE APPROPRIATE ORDINANCE FOR FINAL PASSAGE
AND ADOPTION AT A COMMISSION MEETING TO BE HELD SOMETIME BEFORE THE SECOND
WEEK OF SEPTEMBER.
Upon being seconded by Commissioner Perez, the motion was passed
and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: Commissioner Miller J. Dawkins
ABSENT: None
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JUL 2 i982
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Mayor Ferre: All right now, Plummer, do you want to move on the one -cent sales
tax, then? Yes, sir?
Mr. Clark: Mayor, David Leahy is here, and just for the record, he did write
a memorandum. I haven't analyzed it, but if there is anything that he would
like to add, I think now is the time to.
Mayor Ferre: Mr. Leahy, would you step forward? Are there any problems or
anything you want to add to vour memo. or you want to warn us about?
Mr. David Leahv: Mr. Mavor. members of the Commission, there were two other
points in my memorandum. The first being that what it would do, would be
literally bury the Citv of Miami Commission race in the November ballot.
whether it be a Governor's election, or a Presidential election. and I Rave
the example that in 1980. the Commission candidates would be on Pages 8
and 9 of a 12 page election ballot.
Mayor Ferrer Why can't we be on Page twelve?
Mr. Leahy: That is where your City of Miami question was in 1980.
Mayor Ferre: Oh, okay.
Mr. Leahy: The other point that I brought up was that it is a crowded ballot
in a general election with candidates, constitutional amendments, County
questions and municipal questions, and there is the potential that if the
City of Miami Commission races are on the general ballot, there would be no
room on the votomatic ballot for County or municipal questions, and if the
County or any municipality wished to place a question on the November
ballot, it would go on a paper ballot.
Mayor Ferre: I understand the problem. Let me tell you what the problem
is the way it is now, okay? When you go to an odd year election, like we
have now, tradionally, turnouts have very, very seldom gone over 30%. so
we don't really have a true turnout of the people of Miami. They don't
vote! Now, the last time around, they did vote, but I want you to know,
that the candidates, and there are three of us sitting up here, collectively
spent close to $1,750,000 dollars. Now, that is for a job that pays $5,000
a year, we spent almost two million dollars. That is unheard of: It is
wasteful; it is sinful. I think it is just terrible that we spent...In
the second place, it is my opinion, after having having been through this
many times, that the way you get the ethnic communities, whether it be Latin
or Black to go out and vote, is to spend a hell of a lot of money. And
frankly, I would rather see the Black community and the Cuban and Latin
community vote when they normally come out to vote anyway, which is in Presi-
dential and gubernatorial races, rather than having candidates... and I want
to tell you that I was happy to do it, because it meant my success, to spend
the money that we had to spend to get the minority communties to come out
and vote. As T. Willard Fair told me one time, he said, "You know, you com-
plain about the Blacks not turning out to vote, and you say the Cubans get
out and vote better, if you'd spend as much money in the Black community as
you spend in the Cuban community, the Blacks will vote the same". Well, I
have got news for you. He is right. That is exactly the way it works, but
I think it is unfair on candidates to have to go spend a half million dollars
like the two Mayoral candidates had to spend and a couple hundred thousand
dollars, like the Commissioners had to spend, to get elected. I just think
that is wrong, so you know, what is sauce for the goose is sauce for the
gander, and if the County Commissioners can be elected in an even year, so
can we.
Mr. Leahy: Mr. Mayor, your points are valid. There is one other point
I would like to make for your consideration that was not part of the memoran-
dum. All of the supervisors throughout the State will be trying to get the
Legislature to change the election schedule. The elections are too tight and
they disenfranchise overseas and military absentee voters. There is a
federal court order requiring that the Legislature take up this issue in 1983,
so what I am saying is, the second primary may not be in October in 1984. It
may be in September,and the first primary may be in July. Thank you.
Mayor Ferre: All right, thank you very much, Mr. Leahy. ,Any questions? Oh,
I want to say into the record; I forgot to mention it - Mr. City Attorney, I
Id 21
JUL 2 1982
.i
want to split - the intent of my motion was to have it a0 in one ballot, ex-
cept the money question, and the money question should be a separate question,
the salary.
Mr. Knox: That is the compensation question.
Mayor Ferre: Compensation, yes.
Mr. Plummer: Can we also split the Mayor getting twice what a Commissioner
gets?
Mayor Ferre: Ahem! Anything else?
Mr. Carollo: Well, he spent five times more.
Mr. Simon: Mr. Mayor, the traditional language as used is "revision" as
opposed to "amendment".
Mr. Plummer: I thought it was.:.
.i
Mayor Ferre: What is that?
Mr. Simon: The traditional language that is used in the legal profession
is "revision" as opposed to "amendment".
Mayor Ferre: Oh, I am sorry.
Mr. Simon: An amendment refers generally to an individual change. You are
suggesting a revision.
Mayor Ferre: Okay. Thank you. I stand corrected. A revision, thank you.
Mr. Simon: You are suggesting a revision, and the people would vote on a
revision of the Charter, rather than an amendment.
Mayor Ferre: All right. Thank you. George, do you concur with that?
Mr. Knox: Yes, sir.
4-B. REQUEST MDC TO ALSO CONSIDER GIVIVG TI_E PEOPLE SOIL SORT OF
2IE?BER DIST:tICT REPRESMITATIO11.
Mayor Ferre: Okay. Now, ohj thereis one other thing on this thing. I would
just like to, on the record...I think we ought to make a motion to the Metro-
politan Dade County Commission, and I am sure Clark Merrill will be very
grateful, that we advise them that when the deliberate on the 6th of July, on
similar issues as petitioned by these community groups, that they also pass
a resolution of intent to give better representation to the community by
going to districts of some sort, and that they also hold a series of public
hearings before putting it on the ballot. The reason that I want to go on
record on this, because some members of the Cuban community have told me that
"Why should we do this in the City when we are not going to do it in the
County".? Well, I think we should go on record saying that we are for it in
the Legislature; we are for it in the County and we are for it in the City.
I am talking about only the issue of some sort of single -member district
representation, so that both geographically and ethnically people will have
some kind of a voice on the Metro Com®ission. The people of Homestead are
different from the people of Hialeah. The people of Coral Gables are different
from the people of North Miami. The Black community and the Latin community
should have some sort of a voice in this community that is more guaranteed
than it is at the present time, and I would like to frankly... if you one of
you would like to make that into a motion, otherwise I will make it into a
motion.
Mr. Carollo: I will make it into a motion, Mr. Mayor. So move it.
Mayor Ferre: All right, does somebody want to second it?
Mr. Perez: I second.
Mayor Ferre: All right, we have a motion and a second. Under discussion?
Mr. Plummer: Question. Are we recomending to Metropolitan Dade County
that they proffer in the referendum, giving the people of Dade County the
right to a voice in the matter? 00
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Mayor Ferre: That is right.
Mr. Plummier: All right, I have no problem with that.
Mayor Ferre: Well, they can't do it unilaterally.
Mr. Plummer: Okay.
Mayor Ferre: Like us they have got to go through the Charter change -
revision, I am sorry - Charter revision.
Mr. Plummer: Well, what I am saying is, Mr. Mayor, that they give the
people of the County the opportunity to speak and to express their opinions....
Mayor Ferro: Yes, air.
Mr. Plummer:.... as it relates to the elections.
Mr. Simon: I wanted to bring to your attention a significant U. S. Supreme
Court decision that was rendered the day before yesterday. In that opinion,
for the first time, the U. S. Supreme Court held that at -large elections in
a particular community could be per se, racially discriminatory, and in a
particular community in Georgia, they held that where there had been no
elected official who was Black returned since the Civil War, and all the
people who were selected, were selected from the community at large, that
this constituted racial discrimination per se, and they had ordered that
there be single -member district elections. They didn't go so far as to say
in all cases at -large elections would be racially discriminatory,
Mayor Ferre: Would you get me a copy bf-that?
Mr. Simon: Yes, I will, Mr. Mayor.
Mayor Ferre: And send it to members of the Commission.
Mr. Simon: I will be happy to.
Mayor Ferre: All right, we have a vote now before us on our position with
the County. Further discussion? Now, I want to make sure that this is pro-
perly understood this is dealing only on teh issue of single -member districts.
We are not taking a position on strengthening the Mayor's role, or what have
you. This is only representation. Okay? Call the roll.
Tre following motion was introduced by Vice -Mayor Joe Carollo, who
moved its adoption.
MOTION NO. 82-607
A MOTION OF THE CITY OF MIAMI COMMISSION REQUESTING OF THE
METRO DADE COUNTY BOARD OF COUNTY COMMISSIONERS THAT WHEN,
ON JULY 6TH9 THEY DELIBERATE ON THE ISSUE OF PROPOSED SINGLE
MEMBER DISTRICTS, AS PETITIONED BY SEVERAL COMMUNITY GROUPS,
TR,AT THEY PASS A RESOLUTION OF INTENT AGREEING TO GIVE THE
COMMUNITY BETTER REPRESENTATION, BY GOING TO SOME SORT OF
REPRESENTATION BY DISTRICT AT ELECTION TIME; FURTHER SUG-
GESTING THAT THE METRO COMMISSION ALSO HOLD A SERIES OF
PUBLIC HEARINGS BEFORE PUTTING SUCH ISSUE ON THE BALLOT IN
ORDER THAT THE CITIZENRY, BOTH GEOGRAPHICALLY AND ETHNIC-
ALLY, MAY HAVE A VOICE IN THE METRO COMMISSION.
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. Plumer, Jr.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None 23
JUL 2I�z
& a
5 - REQUEST CITY ATTORNEY TO PREPARE ADDITIONAL 1C SA:ES TAX QUESTTC
FOR NOVEMBER BALLOT IF ISTRO FAILS TO SUBMIT QUESTION TO VOTERS.
Mayor Ferre: Okay, now, J. L., we have that one -cent sales tax for the...
Mr. Plummer: Well, I would have to ask for assistance from the City Attorney
as to the proper terminology of the motion, but, what I am trying to accomplish
is to the City's responsibility of putting the six -cents sales tax on the bal-
lot in November for the people to decide "yea" or "no".
Mr. Knox:-. We can have the appropriate ordinances prepared for the July 22nd
meeting.
Mayor Ferre: You have got to make a motion.
Mr. Plummer: Well, I make a motion of intent, or a motion that we instruct the
City Attorney to prepare such a motion for the 22nd of July.
Mayor Ferre: With the intention of adopting it at that time.
Mr. Plummer: Well, yes.
Mr. Dawkins: Second.
Mayor Ferre: Second? All right. Now, let's be sure that we understand what
we are voting on. The State Legislature passed a bill, and it was amended in
the last session, and the Governor, two days ago signed the bill into law,
which specifically says that if the County does not put on the ballot this
November the issue of an additional one -cent sales tax for the purposes out-
lined in the bill, that is, to build stadiums, coliseums, sports arenas,
cultural centers, etcetera, that the largest city in the County can do so for
the same purposes, and what we are doing here is, we are saying, on the record,
if it passes, what we are saying on the record is, we are going to go ahead
with it, and we are taking the lead, so that if Metro does not, we are already
in place to put it on. Mr. Leahy, we will then instruct you - it will be
formalized in that motion so that if the County does not, then we will.
Okay? And Joe, I hope you voted for it. He did. Good.
Mr. Plummer: My brother voted against it.
Mayor Ferre: I am not going to mention that, Plummer. I am not going to men-
tion those who voted against it. Further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who
moved its adoption.
MOTION NO. 82-608
A MOTION OF THE CITY COMMISSION INSTRUCTING THE CITY ATTORNEY
TO HAVE THE APPROPRIATE ORDINANCE DRAFTED AND PREPARED TO BE
PRESENTED TO THE COMMISSION FOR FINAL ACTION AT ITS MEETING
OF JULY 22ND IN ORDER TO INSURE THAT, SHOULD METROPOLITAN
DADE COUNTY FAIL TO PLACE ON THE BALLOT, THIS COMING NOVEMBER
THE ISSUE OF AN ADDITIONAL 10,% SALES TAX (FOR PURPOSES OF
BUILDING STADIUMS, COLISEUMS, A SPORTS ARENA, CULTURAL CEN-
TERS, ETC.) THAT THEN, THE LARGEST CITY IN THE COUNTY (THE
CITY OF MIAMI) CAN DO SO FOR THE SAME PURPOSES.
Upon being seconded by Commissioner Dawkins, the motion was passed
and adopted by the following vote:
24 J U L 21982
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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
6 - PROVIDE FOR SPECIAL ELECTION: SEPTEMBER 7, 1982
FOR INSTANT POLLIIIG THROUGH USE OF CABLE T.V. SYSTEM.
Mr. Knox: What we have is the question relating to whether or not the Cable
T.V. licensee should also subscribe to this instant public opinion polling,
using the cable system.
Mayor Ferre: I though we voted on that last time.
Mr. Knox: No, sir....
Mr. Plummer: No, no.
Mr. Knox:....we didn't vote on it last time. We have to have a resolution
which will authorize that measure to be placed on the ballot.
Mayor Ferre: Let me put the issue quickly on the table. There are many
people, and I am not talking about the American Civil Liberties Union. I am
talking about a lot of other people throughout this country that are very
concerned to what happens when government has the ability to get instant
pollings and opinions, because what you end up with is the potential of 1984.
A lot of people are worried about that. It is not that clear-cut an issue.
I, for one, would not like to live, and I know that we are ending up in that
kind of a world, where you know, my opinion on everything is tested all the
time, and my privacy is invaded, and I just don't like the idea of somebody
pushing the button and locking a television set or asking me to vote on an
issue. You know, we have republican democracy, and it has worked pretty good
for two hundred years, and I am not overly anxious to get into one of these
situations where the whim of the day is what runs the world. I for one, just
don't...
Mr. Plummer: It is called an instant Missouri Plan.
Mayor Ferre: Yes, and I have been around long enough to know that the whims
of people change very quickly, depending on headlines and emotional reactions.
I am for the American system the way it functions now. I am scared to death
of moving into a world where somebody can punch a botton and have eight -hund-
red and forty-two thousand television sets reply that they don't want me to
smoke, or that they don't want Plummer to do this, or do something else, or
that they don't like his latest statement in the newspaper, or what have you.
They can have their crack at him, or Joe Carollo, or Maurice Ferre every
two or four years or whatever, but I don't want them to have a crack at me
or my successors, because it will be when I am no longer around, you know,
every day. So, I think this is a major issue and it has to be...I am sure it
will be debated, and let the people decide. If they want it fine. I don't
have any problems, if the people of this community want to have that kind of
access, fine, but I want them to have that choice, and I would like to so move.
(INAUDIBLE COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mr. Carollo: There is a motion. Is there a second?
Mayor Ferre: Is this it here? (MAYOR FERRE READS RESOLUTION)
Mr. Carollo: There is a motion. Is there a second?
ld 25 A 21982
4 a
Mr. Perez: I second.
Mr. Carollo: There is a second. Any further discussion? Hearing none, Madam
Clerk, can we have roll call.
The following resolution was introduced by Mayor Ferre, who moved
its adoption:
RESOLUTION NO. 82-609
A RESOLUTION CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON THE 7TH DAY OF SEPTEMBER, 1982, FOR
THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE
CITY OF MIAMI FOR THEIR APPROVAL OR DISAPPROVAL THE CABLE
TELEVISION CITY LICENSEE OFFERING SUBSCRIBERS THE SERVICE
.-OF INSTANT PUBLIC OPINION POLLING THROUGH USE OF THE CABLE
SYSTEM
(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
7 - PROVIDE FOR SPECIAL ELECTION: NOVEMBEI? 2, 1982 FOR EXPENDITURE
OF CITY FUNDS CONFERENCES OR CONVENTIONS WEERE COM!!UNIST BLOC
COUNTRIES ARE INVITED AS PARTICIPANTS.
Mr. Knox: The next item, Mr. Mayor, is relating to the question or whether
or not funds of the City of Miami should be expended to finance in whole or
part a multi -national commercial or cultural conference or convention where
representatives of Communist -bloc countries have either been scheduled to
participate or invited to attend.
Mr. Carollo: George, can you go over that again, please?
Mr. Knox: Yes, sir. This was pursuant to a motion....
Mr. Carollo: I remember, yes.
Mr. Knox: .... that the City Commission adopted, which directed us to prepare
language to placed on the ballot in order to receive the public attitude as
to whether or not City of Miami should extend public funds for conferences
and conventions where members of Communist -bloc countries have been invited to
participate or attend.
Mr. Carollo: That is correct. That would be for the November ballot.
Mr. Knox: November, or September.
Mr. Carollo: Well, we would have it on the November ballot.
Mr. Knox: All right.
Mayor Ferre: Are you moving that?
26
d JUL 21982
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Mr. Carollo: I certainly am moving.
Mayor Ferre: Is there a second? Demetrio Perez seconds. Further discussion?
The following resolution was introduced by Vice Mayor Joe Carollo, who
moved its adoption:
RESOLUTION NO. 82-610
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 BHE QUALIFIED ELECTORS OF THE
CITY OF MIAMI FOR THEIR APPROVAL OR DISAPPROVAL THE EXPENDI-
TURE OF CITY FUNDS TO FINANCE, IN WHOLE OR IN PART, ANY MULTI-
NATIONAL COMMERCIAL OR CULTURAL CONFERENCE OR CONVENTION WHERE
REPRESENTATATIVES OF COMMUNIST -BLOC COUNTRIES HAVE EITHER BEEN
SCHEDULED 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 -
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 - INFORM METRO THAT $100,000 APPROPRIATION TO CITY FROM T.D.C. FOP.
CONVENTION BUREAU, THAT THE APPROPRIATION BE GIVEN TO CITY TO
DISTRIBUTE IN MANNER TO SERVE BEST INTERESTS OF CITIZENS.
Mr. Dawkins: Mr. Mayor, we received a memo from the Manager stating that we
were given $100,000 allocated from the T.D. funds and for some reason, the
County only gives us a portion of it, and they withhold $45,000, which says
that they are holding for marketing and promotion, but that the $45,000 would
be managed by Dade County with input from the City. I would like to pass a
resolution that if the $100,000 is due us from T.D.C., that this money be
given to the City and let the City determine how to manage and how to...
Mayor Ferre: Is there a second?
Mr. Carollo: Second.
Mayor Ferre: Further discussion?
Mr. Plummer: Discussion.
Mayor Ferre: Go ahead.
Mr. Plummer: Mr. Dawkins, I would hope that that would be a motion of intent;
let me tell you why. That money is to be used, and it was felt, and I think
this is unanimous, and I voted for it, as a member of the T.D.C. They are
going to engage F.I.U. for purposes of a study to determine the entire tourist
situation here in Dade County. I don't think that it would be right that
the City would in fact be involved in that study. The T.D.C. really is going
to be the receiving study. It was felt by the members of that authority that
it is most important that a unified report be done. They would take certain
amounts of money from the City. They are going to be taking money from the
County allocations.
27 JUL Z 1982
ld
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Mayor Ferre: Well, what are you saying, that we shouldn't do this?
Mr. Plummer: I want you to fully understand what is to be accomplished by that
study? We have the right of input.
Mayor Ferre: Howard wants to talk about it.
Mr. Plummer: We have the right to, you know our participation.
Mayor Ferre: Howard.
Mr. Gary: Mr. Mayor, Commissioner Plummer is talking about a separate set of
funds. Annually, they appropriate $100,000 for our Convention Bureau.
Mr. Plummer: I understand that.
Mr. Gary:'•Of the $100,000, $55,000 comes to us. $45,000 is maintained by
Dade County for marketing and promotion. We have gone through this process
for two years....
Mr. Plummer: I understand.
Mr. Gary: .... with the understanding that the City of Miami would have input
in terms of how those monies are utilized. Our experiences with Dade County
has revealed that, first of all, they have not spent all of our money. Second
of all, they are not receptive to us having any input. However, yet again, we
have the responsibility without the authority for managing the money, and I am
very concerned that we are now being in some sense, held accountable for ex-
penditures of those monies without authority for determining how they be used.
Now, if the program that you are talking about is the rcent appropriation from
Dade County T.D.C. authorizing us to utilize Orange Bowl monies in the amount
of $250,000, $150,000 of which would augment our staff, and $100,000 of which
would be for the study you are talking about. We are talking about two pots of
money. I am not talking about the $100,000 for the unified study to be done
by F.I.U. I am talking about the annual appropriations for their Convention
Bureau operation, which is $55,000 for staff and operating expenses, $45,000
being retained by Dade County.
Mayor Ferre: Okay, can we move along now?
Mr. Plummer: Sure.
Mayor Ferre: Call the roll.
The following motion was introduced by Commissioner Dawkins, who
moved its adoption:
MOTION NO. 82-611
A MOTION OF THE CITY OF MIAMI COMMISSION AUTHORIZING AND
DIRECTING THE CITY MANAGER TO INFORM THE METROPOLITAN
DADE COUNTY BOARD OF COUNTY COMMISSIONERS THAT, IN CON-
NECTION WITH THE $100,000 ANNUALLY APPROPRIATED TO THIS
CITY FROM T.D.C. FUNDS FOR OUR CONVENTION BUREAU, THAT
THE CITY OF MIAMI EARNESTLY URGES THE BOARD OF COUNTY
COMMISSIONERS TO GIVE TO THE CITY THE TOTAL SUM OF $100,000
IN ORDER THAT THE CITY MAY DECIDE HOW TO DISTRIBUTE SAID
FUNDS IN A MANNER THAT WILL BEST SERVE THE INTERESTS OF
ITS CITIZENS.
Upon being seconded by Commissioner Carollo, the motion was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None
ld 28 J U L 21982
a
9 - PERSONAL APPEARANCE: REPRESEITTATIVES OF PUERTO RICAN DEMOCRATS
ORGANIZATION TO REQUEST THE FLYING OF TUE PUERTO RICAN FLAG TO
AN OCCASION.
Mayor Ferre: All right, we have a request by the Puerto Rican Democrats organ-
ization that the City of Miami fly on one its flagpoles the flag of Puerto Rico for
the weekend of July 23rd to further emphasize the imports of these activities
and Alicia Baro, president, wants us to know that the State of New Jersey
adapted this procedure many years ago during the Puerto Rican celebration and
so on and so forth in New Jersey.
Mr. Carollo: So moved.
Mayor Ferre: It has been moved by Joe Carollo. Is there a second? Seconc by
Demetrio Perez that the Puerto Rican flag be flown on, obviously not on the
American flagpole, on the other flapole.
Mr. Gary: I didn't know we had two. Okay.
Mayor Ferre: Yes, we do. Just put another flag up, you know.
Mr. Plummer: Under discussion.
Mayor Ferre: Yes.
Mr. Plummer: Are you going to afford the same privilege to the Conch Republic?
Mayor Ferre: Absolutely.
Mr. Dawkins: By all means.
Mr. Carollo: Wait a minute! You have the Ambassador here.
Mr. Plummer: Okay I just want to make it! Hey, hey, hey!
Mr. Carollo: I am the Ambassador there.
Mr. Plummer: Cane pole, get up there!
Mayor Ferre: Now, I will tell you, Mr. Manager, just so I don't have any
flack from a lot of my good American friends, okay? - would you have another
flagpole put up there so that we can also fly the flag of the City of Miami,
and then the Puerto Rican flag off on the side.
Mr. Gary: You want two more flagpoles.
Mayor Ferre: We already have an American flagpole, and that will be the
American flag.
Mr. Gary: You want two more.
Mayor Ferre: Just two little poles so that we can...
Mr. Plummer: Do you know how much the last two little poles...
Mayor Ferre: I am talking about a ten foot pole, J. L. Go down to Lindsley
Lumber and buy one.
Mr. Plummer: Oh, Mr. Mayor, they don't know how to go to Lindsley Lumber!
It has got to anodized gold, eighty-eight feet high.
ld 2 JUL 21982
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10 - ALLOCATE $2,000.00 FOR TRAVEL TO SPAIN TO INVITE 'FI:nERATIOId
OF IBERO AMERICAN PRESS ASSOCIATION'7. TO HOLD AN14UAL COVVENT
IN 111AMI .
Mayor Ferre: I have one small thing here. Fausto La Villa, would you please
stand please? He is the Dean of the Cuban Newspapermen in Exile and has been
invited by the Inter -American Federation of Newspapermen to attend their annual
convention in Spain. Now, this is part of part of "F". "F" is the Spanish
news agency like AP -UPI. They have put together what is without any question
becoming the single most important meeting of Spanish speaking newspapermen
throughout the world. They come from Argentina, Chile, Mexico, Los Angeles,
Miami, New"York. They all go to this. Now, I would like to ask that Mr.
Fausto La Villa represent - he has been invited in his capacity as Dean of
the Cuban Newspapermen. But, I would like for him to additionally represent
the City of Miami for the purposes of inviting the Federation of Ibero-American
Press Association, which includes Brazil, to have their annual convention next
year in Miami. Now, it is my understanding from the president that if we in-
vite them, they will seriously consider coming here, and you are talking about
bring here three or four thousand newspapermen to the City. Now, I think it
would be front page in every Latin newspaper and Spanish speaking newspaper
in the world. Therefore, I would like to do two things. One, I think we have
to pay for his trip and his stay over there, which should not exceed $2,000
and number two, that he represent the City of Miami and officially...
Mr. Dawkins: So move, Mr. Mayor. So moved.
Mr. Carollo: Second, Mr. Mayor.
Mayor Ferre: Is there a second?
Mr Dawkins: Yes, Carollo seconded it.
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Commissioner Dawkins, who
moved its adoption.
MOTION NO. 82-612
A MOTION OF THE CITY COMMISSION APPOINTING MR. FAUSTO LA
VILLA (DEAN OF THE CUBAN NEWSPAPERMEN IN EXILE) AS OFFICIAL
REPRESENTATIVE OF THE CITY OF MIAMI SO THAT ON THE OCCASION
OF HIS FORTHCOMING TRIP TO SPAIN TO ATTEND THE ANNUAL CON-
VENTION OF THE "FEDERATION OF IBERO-AMERICAN-PRESS ASSOC."
IN ORDER THAT HE MAY, ON BEHALF OF THE CITY OF MIAMI, INVITE
THE MEMBERS OF THE FEDERATION OF IBERO-AMERICAN-PRESS ASSOC.
TO HOLD THEIR ANNUAL CONVENTION NEXT YEAR IN MIAMI; FURTHER
AUTHORIZING THE CITY MANAGER TO ALLOCATE A SUM OF NOT TO
EXCEED $2,000 IN ORDER TO COVER FOR MR. LA VILLA'S TRAVEL-
ING EXPENSES.
Upon being seconded by Commissioner Carollo, 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
Id
ld
30
J U L 21982
0
11 - APPROVE IN PRINCIPLE REQUESTS -LITTLE F.AVANA ACTIVITIES AND
NUTRITION CENTERS FOR FU11DING.
Mayor Ferre: Now we have the Little Havana people here on this Haitian Pro-
gram. Would you step forward and explain what this is all about?
Mr. Wilfredo Allen: Good Evening. Mr. Mayor, City Commissioners, I am here
representing the Little Havana...
Mayor Ferre: Name and address for the record. Make your statement, please.
Mr. Allen:.. My name is Wilfredo Allen. I am representing Little Havana
Activity and Nutrition Centers of Dade County, 819 S. W. 12th Avenue. We
are requesting tonight from you an additional financial help to help us put
together a pilot project and expansion of our current assistance to the entire
population of the City of Miami. Currently we are operating several different
enter projects for there located in the Little Havana area, and we have
not been able to reach successfully a large number of the Haitian community.
We are requesting a total sum of $22,000 to rent a building at 630 N. W. 1st
Avenue.
Mr. Dawkins: N. E.
Mr. Allen: N. E. lst Avenue, excuse me. At that building location... it is a
two-story location.
Mayor Ferre: Is that Little Haiti, or not?
Mr. Allen: It is on the borderline between... it is in the northern side of
downtown Miami. It is out of the Little Havana area.
Mayor Ferre: Little Haiti, the way I know Little Haiti, is up in 79th Street
over by the railroad tracks.
Mr. Allen: But it would help us, it is located closer to the Little Haiti
area than the projects that we have now, which are in the Little Havana area.
Mayor Ferre: Who owns this building?
Mr. Allen: Who owns the building?
Mayor Ferre: I mean, is it s government building?
Mr. Allen: It is not a government building. It is a building that we are
renting.
Mr. Dawkins: Well, Haitians are in the 54th Street area, so how are they
going to get to N. E. 1st?
Mr. Gary: I recommend... Mr. Blanco has a transportation program, and I am
sure with the additional buses we gave him, and additional money, he would
be happy to transport the Haitians to that area, if necessary.
Mr. Plummer: But why transport them there? Why not get a building in the area?
Mayor Ferre: Wait, wait, wait.
Mr. Dawkins: Or we could put the program in that area!
Mayor Ferre: Are you in favor of this?
Mr. Gary: I am in favor of doing something for the Haitians.
Mr. Dawkins: Well then, let's put it in the Haitian area!
Mr. Plummer: Fine. Let's do them a favor.
ld 31 JUL 2 1982
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Mayor Ferre: All right, look, let's do it this way. I would like to do, so
we can get out of here....
Mr. Dawkins: You can find a place up there in Little Haiti.
Mayor Ferre: .... is that we pass it in principle and let the Manager come up
with a recommendation as to how to...
Mr. Carollo: So moved.
Mr. Dawkins: Second.
Mayor Ferre: Okay, this is for $20,000. Wait, wait, we have two other
things.
Mr. Allen: $22,000.
Mayor Ferre: $22,000. All right, is there anything else?
Mr. Allen: We are also requesting...
(INAUDIBLE STATEMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mayor Ferre: Well, hurry up and make your statement.
Mr. Allen: We are requesting $69.000 also to be able to provide 160 daily
meals for elderly.residents of St. Dominic's Gardens.
Mayor Ferre: They are really in trouble. I want to tell you for sure that I
know that that is crime. You know where St. Dominic's...
Mr. Plummer: Well aware!
Mayor Ferre: Howard, do you recommend that?
Mr. Gary: I would take the City Commissioner's recommendation that I study
this and come back to the...
Mayor Ferre: Okay, I will tell you what I would like to do. I would like to
pass in principle along with this, and let you deal with it and come back with
a specific recommendation.
Mr. Dawkins: So moved.
Mr. Gary: And Mr. Mayor, I would like to add one other thing to that. In
view of the urgency of it, give me authorization; I will talk to you individ-
ually about the location.
Mayor Ferre: You got it. Is that all right with you?
Mr. Plummer: Let me move it.
Mayor Ferre: All right, Plummer wants to move St. Dominic's. Now, this is
St. Dominic's and the Little Haiti thing, both together.
Mr. Plummer: Fine.
Mayor Ferre: Okay, at the Manager's discretion...
Mr. Plummer: I am more interested in this thing.
Mayor Ferre: All right, seconded by....
Mr. Carollo: Second.
Mayor Ferre: .... Joe Carollo. Further discussion? Call the roll.
l32 d
J U L 21982
0
The following motion was introduced by Commissioner Plummer, who
moved its adoption.
MOTION NO. 82-613
A MOTION OF THE CITY COMMISSION APPROVING IN PRINCIPLE TWO
REQUESTS FOR ADDITIONAL FINANCIAL ASSISTANCE PRESENTED BY
WILFREDO ALLEN, LITTLE HAVANA ACTIVITIES AND NUTRITION
CENTER OF DADE COUNTY, AS FOLLOWS:
(a) $22,000 TO HELP PUT TOGETHER A PILOT PROGRAM AND
TO FACILITATE EXPANSION OF CITY ASSISTANCE
GIVEN TO THE HAITIAN POPULATION OF MIAMI;
(b) $69,000 IN ORDER TO PROVIDE 160 HOT DAILY MEALS FOR
THE ELDERLY RESIDENTS AT ST. DOMINIC'S;
'FURTHER STIPULATING THAT THIS TENTATIVE APPROVAL IS SUBJECT
TO THE CITY MANAGER CLOSELY REVIEWING THESE REQUESTS, BEING
ABLE TO IDENTIFY A SOURCE OF FUNDING, AND GRANTING THESE
REQUESTS FINAL APPROVAL AT HIS SOLE DISCRETION.
Upon being seconded by Vice -Mayor Carollo, 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
Mr. 0. Blanco: Mr. Mayor, please, I wanted to tell you people that as the
City Manager says, I think we can help the Haitian people and give them
transportation without cost to the City of Miami.
12 - DISCUSSION ITEM: WORDING OF BALLOT REGA:ZDING SOLID WASTE
COLLECTIN ALTER11ATIVES.
Mayor Ferre: All right, we have the solid waste ballot question. Mr. City
Attorney?
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mr. Gary: Oh, this one is important to me. I would like to...
Mr. Dawkins: Five day rule.
Mr. Plummer: That cuts off discussion.
Mr. Dawkins: Five day rule.
Mr. Carollo: Let me tell you what has happened. We, based on my motion, made
three three different things to vote on. Now, we finally get something new
that I don't know who made up. I am sure that Mr. Patterson had a lot of
influence in, which I really haven't had a chance to read or study, and it is
not what the intention of the Commission was.
Mayor Ferre: All right, can we do it this way, Mr. City Attorney? Can we
- pass, like we did on the other issue, saying that it is our intention to put
on the ballot in September something dealing with the trash and garbage
pickup without being specific on it now, or do we have to have specific
language?
It
ld 33
J U L 21982
0 0
Mr. Bob Clark: You have to have the specific language to hand to the Super-
visor of Elections Tuesday morning in order for any item to get on the Sep-
tember 7th...
Mr. Carollo: Well, Mr. Mayor...
Mayor Ferre: I am just asking a question. You want to let it go?
Mr. Carollo: What I am in favor of placing on the ballot is the original
statement that the City Manager gave to us. If we cannot place that, then I
will let it go, because I think there are three votes in this Commission to
- stop that curbside pickup.
Mr. Plummer: Excuse me. Joe, you know how I stand on curbside pickup. I am
opposed to it. Mr. Mayor, there is a Commissioner who has invoked the rule
which cuts off conversation! Now, you know, I am all for what you are talking
about, Joe, and...
Mayor Ferre: I realize that, but you have got to give people the right to
have a little discussion on it.
Mr. Plummer: Well, Mr. Mayor, the Charter says "No", okay? And I am only
saying to you, sir, that...
Mayor Ferre: Hey, let's not be that strict on this thing. It is only a matter
of a minute or two. Okay, he has invoked the five day rule, and unless some-
body ... I mean there is no way to over -ride this thing unless I call a Special
Commission Meeting to over -ride it, and I am not going to do that.
Mr. Plummer: Well, Mr. Mayor, it is my understanding that as long as
we come
up before September 9th,...George, if we go on the 22nd of July, won't
it be
sufficient time?
Mr. Knox: Not for the September ballot. It would be sufficient for
the Nov-
ember ballot.
Mayor Ferre: How about the October ballot?
Mr. Plummer: The October or the November.
Mayor Ferre: We can't do it in November, J. L. It is...
Mr. Plummer: Okay, then in September...October.
Mayor Ferre: October. Can we do it for the October ballot?
Mr. Plummer: Where is Mr. Leahy?
Mr. Knox: Yes, sir, you would still have to do it before you recess.
You
could take it up at the...
Mayor Ferre: Okay, so then, Joe, bring it up on the next Commission
meeting,
okay? Wait, wait, we have got...
Mr. Carollo: Mr. Manager, can you bring it up, and then we will go over the
original proposal that was made.
`ter
ld 34 J u L 2198
13. DISCUSSI014 IN CONNECTION WITH THE FULLER AND SADAO
CONTRACT FOR ARCHITECTURAL DESIGII SERVICLS IN THE
BAYFROI4T PARK DEVELOPMENT PROJECT.
Mayor Ferre: We have one other thing.
Mr. Gary: Yes, sir.
Mayor Ferre: In Bayfront Park, where is Kitty Roedel, or anybody from the
D.D.A.? As I understand it, now, and I think that Dena Hills talked to you
about it,_that, Mr. Manager, you need a vote from the Commission again to tell
you to go Ahead and let this contract out to Lester Pancoast. Where is Les-
ter? Is it Lester Pancoast?
Mr. Gary: Yes, sir.
Mayor Ferre: Mr. Pancoast, come over here. You tell us how many members in
your...
Mr. Dawkins: Mr. Mayor, let me ask a question before I get carried away here.
Didn't we pass a motion that if this gentlemen did not comply with the motion
that we passed, that he would not get the contract? Wasn't that the motion?
Mr. Gary: Mr. Mayor, the resolution that was passed placed a conditon upon
the expenditure of certain funds to continue services of Mr. Sadao, with
condition being that a minority firm with revenues of $250,000 or less, would
have to be selected to assist in this particular project. Since that time,
I have had meetings with...
Mayor Ferre: What do we do now?
Mr. Dawkins: We have already said that we want to give minority...
Mayor Ferre: On the other hand, I don't want to kill this project, now...
Mr. Dawkins: I know, but okay, Mr. Mayor, I don't mind killing it if Mr.
Pancoast...
Mayor Ferre: I don't think that is the answer.
Mr. Dawkins: Wait a minute now, Mr. Pancoast stood up here and told me he
is not going to have no Black minority participation and now you are going
to let him tell me that? And I must let him go ahead because he thinks
going to stop ... he is not going to do what I want to do, because he thinks
that you and I don't want to stop the project? Hell not Let the project
stop if he doesn't want to give Blacks a fair share. I mean, somewhere
along the line you have got to draw the line and let the Black community
know that you are committed!
Mayor Ferre: Yes, but I...
Mr. Dawkins: Either you are committed, or you are not.
Mayor Ferre: I am committed, but I find it strange that we are drawing the
line on this particular project, you know.
Mr. Dawkins: Mr. Mayor, you cannot talk out of both sides of our mouth!
Mayor Ferre: No, sir!
Mr. Dawkins: Either we are sincere, and this man is going to have to conform like
everybody else, or he doesn't. Now, he stood right up here, and you asked
him yourself. You said: "You have got to be out of your mind, you can't
give the man what he wants." You told him that and he said "No". Now he
is going to come back....
Mayor Ferre: Lester...
ld
35 JUL 219"
Mr. Dawkins:....after he thinks that we have settled down and he is going to
come back and tell us "Well, we don't want the project to stop." Let it stopl
Mayor Ferre: Lester?
Mr. Lester Pancoast: Mr. Mayor and Commissioners, this is not the time when
that kind of condition is normally imposed. These are contracts heavily di-
vided between a number of firms. We are, in fact, legally minority. What we
are talking about is Black participation and we agree that there should be
Black participation. We are also talking about a contract which is already
well under way. We are through schematics and we are into design development.
We can't help it.
Mr. Dawkins: Well, all you are doing is designing the park. That is all you
are doing and there we stood - right up here and -as long as the City of 2iiami
has been incorporated, there has never been a Black prime contractor and you
and all the other White A.I.A. contractors refuse. to let the Blacks in, and
I am going to help them in if I can.
Mayor Ferre: All right now, look. Marie, do you want to let me speak with
the Manager? Is there another contract coming up that we can...? Because,
you see, I think what Miller is saying is right and I want to help or. that. On
the other hand, I don't want to stop this...i don't want to kill this park project.
Mr. Gary: Mr. Mayor, I have a solution.
Mr. Dawkins: I don't want any solution, Mr. Manager.
Mayor Ferre: Sure you want a solution.
Mr. Dawkins: No, I don't want...I want a solution from him. I don't want
the Manager making excuses for him. Let him make a solution.
Mr. Pancoast: Mr. Mayor, 20% of what is left - is that what we are talking
about?
Mayor Ferre: Just wait a moment.
Mr. Dawkins: 20% of the five million dollars.
Mr. Gary: Five hundred...
Mr. Dawkins: 20% of the five hundred thousand dollars.
Mayor Ferre: Well, let the Manager come up with a solution.
Mr. Dawkins: No. The Manager doesn't get paid to make no solutions for him.
Mayor Ferre: Well...
Mr. Dawkins: Well, let's take a vote on it. I make a motion that I do not
want a solution from the Manager.
Mayor Ferre: But if it solves the problem, Miller, and we get some work for
a Black architect, then why don't you want...?
Mr. Dawkins: I am not going to sit here and let this man dictate...
Mayor Ferre: Look, look, lookl We are not going to stop this project. This
prof ect...the majority of this Commission wants to move along on this project.
Now, Mr. Manager, unless I am overridden by three members of this Commission,
I am instructing you to give us a solution to this.
Mr. Gary: Mr. Mayor and members of the Commission, I would recommend two
things. First of all, this is the design phase of the project. There is the
construction phase ahead to be accomplished. I would suggest that the con-
struction phase will give us an opportunity to get Blacks and Latins involved
in that particular project and that the authority for that selection process
should be given to the City Manager to insure that that occurs.
ii JUL �9�
.d
Mayor Ferre: I think we ought to make a motion just like that. IF that
solves it, I am willing to do that.
(INAUDIBLE BACKGROUND COMMENT NOT PLACED INTO THE PUBLIC RECORD)
Mayor Ferre: Is there a legal problem on that?
Mr. Gary: No, sir.
Mr. Plummer: George is choking on a cigarette.
Mayor Ferre: He wants to know if private lawyers were able to get involved
in this.
Mr. Plummere George just got his first private case, I believe.
Mr. Gary: What I have proffered, Mr. Mayor, is that this is the architectural
design phase, and there has to be the construction phase to implement and con-
struct what has been designed, which leaves an opportunity for us to have
Blacks involved in development of this park and I would further state
that the construction phase process be turned over to the City Manager to
insure that the will of the City Commission with regard to minority partici-
pation is fulfilled.
Mr. Dawkins: Mr. Knox, since this was a motion and was made up here and
passed, what is the legal means of changing that, or going to do what they are
getting ready to do here?
Mr. Gary: Rescind it.
Mr. Plummer: It has to be reconsidered.
Mr. Knox: You have to reconsider the resolution. A member of the prevailing
side could introduce a motion to reconsider that matter, or in the alterna-
tive....
Mr. Plummer: I think it was unanimous.
Mr. Knox:.... any member of the Commission could make a motion to rescind the
resolution.
Mr. Plummer: I believe it was unanimous.
Mayor Ferre: It was.
Mr. Dawkins: It was unanimous. What do we do now?
Mr. Plummer: Well, they are all on the prevailing side.
Mr. Knox: You were all on the prevailing side.
Mr. Dawkins: Okay, well, those of you who wish to go ahead along with him, go
ahead and make the motion, but I still say "no".
Mr. Gary: Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Garv: I have another solution.
Mr. Plummer: Oh, boy!
Mayor Ferre: I will tell you, I am beginning to like this City Manager!
Mr. Plummer: Hey, Ferre. Remind him who the politicians are around here.
Mr. Gary: No, I em not playing politics right now.
Mr. Plummer; Noll
Mr. Carollo; It is about time!
ld 37
J UL 2 1902
Mr. Gary: Another solution is that we are in the process now of selecting an
architect to develop Virginia Key, which would also obviously give us another
opportunity to select a Black or Latin to get involved in that, so there will
be opportunities that will be coming up in the immediate near future, in
addition to this one.
Mayor Ferre: All right then, I will tell you, I will take the burden of all
of this, so that in the interest of not holding up the design plans of the
Bayfront Park, I would make a motion that we simutaneously...I don't want to
rescind; I want to override the previous motion so that we can get along with
the finalizing of this project with the provision however, that the Manager
be given the authority to insure, number one, that Black contractors will
be involved, as well as Latin contractors in the actual construction of the
park and number two, that in the next major job, that comes along, namely
Virg.inia Rey, that a Black architectural firm be given priority, if possible.
Is that within the law?
Mr. Knox: Yes, sir. You have to satisfy the State law, but we have the
power to exercise affirmative action.
Mayor Ferre: Affirmative action with a professional firm and that the Manager
be instructed to select, or to recommend for contract, a Black firm and that
at that time, Lester Pancoast be totally orecltided frrm doing any work.
Mr. Knox: Middlebrooks is well qualified.
Mayor Ferre: Okay. I so move.
Mr. Carollo: There is a motion. Is there a second? Motion, is there a second?
Mr. Plummer: I think that speaks highly of what we think of the Manager's
solution.
Mr. Perez: Mr. Mayor, I would like that we call these people from the D.D.A.
and all the people involved in this project to the next Commission meeting and
to have the project for public discussion.
Mr. Carollo: Is there a motion for a committee to be formed?
Mr. Plummer: Mr. Vice -Mayor, have you declared the motion dead?
Mr. Carollo: The motion is dead at this point in time.
AT THIS POINT, THE MOTION DIES FOR LACK OF A SECOND.
Mr. Plummer: Thank you, sir. Mr. Mayor, it would seem logical that what
Commissioner Perez is saying, we are in fact, holding a public hearing on
22nd of July in relation to the park, that it would be logical that at that
time we could discuss the same matter as it is a companion to the public
hearing.
END OF DISCUSSION.
ADJOURNMENT
There being no further business to come before the City Commission, on
motion duly made and seconded, the meeting was adjourned at 8:15 P.M.
ATTEST: MATTY HIRAI
Acting City Clerk
•
.r
MAURICE A. FERRE
Mayor
1a - - JUL21882
CITY F lk ba AM[
hi
RIM
ITEM NO DOCUMENT IDENTIFICATION
1 PROVIDE FOR SPECIAL ELECTION
_ I SEPTEriBER 7, 1982 FOR INSTANT
POLLING THROUGH USE OF CABLE TELEVISION
SYSTEM
2 PROVIDE FOR SPECIAL ELECTION:
NOVEMBER 2, 1982 FOR EXPENDITURE OF CITY
FUNDS CONFERENCES OR CONVENTIONS
WHERE COMMUNIST BLOC COUNTRIES ARE INVITED
AS PARTICIPANTS.
MEETING DATE:
JULY 2, 1982 (SPECIAL)
COMMISSION RETRIEVAL
R-82-609 1 82-609
R-82-610 1 82-610