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HomeMy WebLinkAboutCC 1982-02-25 MinutesTY OF MI M /_ - • \,\,'III 1t y r Jill - COMMISSION MIN- UT ES FEBRUARY 25, 1982 OF MEETING HELD ON (REGULAR - P & Z) PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL RALPH G.. ONGIE CITY CLERK 0 - 0 M NO# 1 2 3 4 5 0 7 0 9 12 13 14 15 16 17 18 it y � � `� 1 1� + �r 11• 1� REGULAR - P 6 Z SMCT FEBRUARY 25, 1982 DECLARE IBIZA, SPAIN, SISTER CITY AND APPEARANCE OF SEVERAL VISITING DIGNITARIES. DEFERRAL OF CONSIDERATION OF APPLICATION FOR CHANGE OF ZONING - 2661-2665 SOUTH BAYSHORE DRIVE (PENDING FILING OF COVENANT.) PERSONAL APPERANCE: JOANNE HOLZHAUSER REGARDING RECENT COCONUT GROVE ARTS FESTIVAL. SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION R-4 TO R-C, 195 S.W. 15TH ROAD. OFFICIALLY VACATE, CLOSE N.S. ALLEY LOCATED BETWEEN N.W. 22/33 STS., NO. MIAMI AVENUE, N.W. 1ST STREET- "A.C. SUBDIVISION". ACCEPT PLAT: "OAKVIEW ESTATES". "OAKVIEW ESTATES"- -DIRECT PLANNING DEPARTMENT TO RE- STUDY THE AREA: PLACE MORATORIUM ON AREA UNTIL STUDY IS COMPLETE WITH CONDITIONS-ALATKA, 27 AVENUE, BAYSHO DRIVE AND THE BAY. EXPRESS DISSATISFACTION OF PRESENT PROCEDURES OF PLAT AND STREET COMMITTEE INSOFAR AS CITY COMMISSI ACTION IS CONCERNED. DISCUSSION AND TEMPORARY DEFERRAL OF ACCEPTANCE OF "MAYFAIR SUBDIVISION PLAT" -(PASSED LATER SAME MEETING ACCEPT PLAT: BRICKELL KEY ON CLAUGHTON ISLAND. DEFER ACCEPTANCE OF PLAT: IZQUIERDO PLAT (APPLICANT TO APPEAR). ALLOCATE $10,000 FOR CALLE OCHO, CLOSE STREETS FOR OPEN HOUSE AND PASEO CARNIVAL DISCUSSION OF APPEAL FEES -NO ACTION TAKEN PENDING FURTHER STUDY. DEFER FOR PUBLIC HEARING -PROPOSED RENAMING OF MANOR PARK. ESTABLISH DATE OF MAY 13, 1982 AS DATE OF PUBLIC HEARING WORLD TRADE CENTER (A DEVELOPMENT OF REGIONAL IMPACT . ) AUTHORIZE LAW DEPARTMENT TO PAY TRAVEL COSTS FOR MR. LEITNER FREILICH TO EXPLAIN STRATEGY PLANS FOR THE EVENTUAL ORDINANCE ESTABLISHING IMPACT FEES. OFFICIAL CONDEMNATION OF THE MIAMI HERALD FOR ACCEPTANCE OF ADS PROMOTING TRAVEL TO COMUNIST CUBA. (LATER FORMALIZED -SEE RESOLUTION NO. 82-191). THANKING PRESIDENT REAGAN FOR HIS ANNOUNCED POLICY AGAINST COMMUNIST CUBA. tDINANCE o� o, PACE H0, SOLUTION R-82-153 1-2 M-82-154 DISCUSSION ORD. 9376 R-82-155 M-82-156 R-82-157 M-82-158 M-82-159 DISCUSSION R-82-161 M-82-162 M-82-163 M-82-164 M-82-165 M-82-166 M-82-167 R-82-168 M-82-169 DISCUSSION M-82-171 3-4 4-6 w 6-7 8-14 14-15 15-16 16-17 17 18 18-24 25-28 29 1 29-30 1 30- 31 1 31-35 1 35- 36 Em 16 19 PLO] 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 ill REGULAR - P & Z &UCT FEBRUARY 25, 1982 MISCELLANEOUS DISCUSSION ITEMS: SOVIET BUILDUP IN CUBAJREFUGEE PROBLEMS,)J.M.H. TREATMENT OF INDIGENTS. OFFER TO JOIN HANDS WITH GOVERNOR GRAHAM IN HIS SUIT AGAINST THE FEDERAL GOVERNMENT OVER THEIR HANDLING OF THE REFUGEE CRISIS. COMMISSIONER DEffETRIO PEREZ REPORT ON CONDITIONS AT KROME AVENUE DETENTION CENTER; COMMISSION POSITION ON I.N.S. POLICY AND RELEASE OF HAITIANS. PERSONAL APPEARANCE: TONY CANTILLO REGARDING AGENDA ITEM 5. DISCUSSION AND DEFERRAL TO MARCH 25 - RENAMING OF 20TH STREET TO BOULEVARD OF THE AMERICAS GRANT RIGHT AND PERMISSION FOR CONSTRUCTION OF BRIDGE - TYPE STRUCTURES ETC., FOR RAPID TRANSIT SYSTEM -STAGE I-. BLUE RIBBON COMMITTEE TO INVESTIGATE WHETHER JACKSON MEMORIAL HOSPITAL IS DISCHARGING ITS COMMITMENT TO TREATING INDIGENTS UNDER THE AGREEMENT TRANSFERRING THE FACILITY TO THE COUNTY FROM PRIOR CITY OWNERSHIP. ESTABLISH CITY COMMISSION OPERATING PROCEDURES. ACCEPT PLAT: "MAYFAIR SUBDIVISION" -AS AMENDED. ISSUE VARIOUS WASTE COLLECTION LICENSES. ALLOCATE $8,000 IN SUPPORT OF FUND RAISING WEEKEND DEPARTMENT OF RECREATION, CULTURAL DIVISION. VIZCAYA MUSEUM AND THE INTERNATIONAL RESCUE COMMITTEE. DISPOSE OF NO -LONGER SERVICABLE EQUIPMENT: FOUR MOTOR VEHICLES DISPOSE OF NO-LONGER-SERVICABLE EQUIPMENT- 1974 RESCUE AMBULANCE. DOWNTOWN COMMUNITY DEVELOPMENT ADVISORY BOARD- APPOINTMENTS- EN"VIROMENTAL PRESERVATION REVIEW BOARD - APPOINTMENTS. APPOINT TO BOARD OF DIRECTORS MIAMI CAPITAL DEVELOPMENT INC. DEFER APPOINTMENTS:COM. U OF M - J.L. KNIGHT ADVISORY COMMITTEE. DEFER APPOINTMENTS: AFFIRMATIVE ACTION ADVISORY BOARD. PAGE # 2 INANCE O SOLUTION CVO, PAGE NO, DISCUSSION M-82-172 M-82-173 DISCUSSION DISCUSSION R-82-174 R-82-175 M-82-176 R-82-177 R-82-178 I R-82-179 R-82-180 R-82-181 R-82-182 R-82-183 R-82-184 DISCUSSION DISCUSSION 37•-39 39 40-43 43 44 45 45-46 46-59 59-62 62-63 63-64 65 65-66 66-67 67-68 69 70-72 72- 73 4. 0 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Ala PAGE # 3 ���p� rsOLUTION INANCE0R REGULAR - P & Z aui CT FEBRUARY 25, 1982 NO. PAGE N0, *DESIGNATE NEWSPAPERS FOR PUBLICATION OF NOTICE OF DELINQUENT LIENS. POLICY ON DISPLAY ADVERTISING BY ALL CITY DEPARTMENTS, CITY CLERK AND LAW DEPARTMENT. POLICY OF NO FURTHER ADVERTISING IN THE MIAMI HERALD AS LONG AS THEY ACCEPT ADVERTISING ADVOCATING TRAVEL TO COMMUNIST CUBA. APPOINT STUART PATTON TO COMM, UM, J.L. KNIGHT ADVISORY COMMITTEE (CITY APPOINTMENTS WILL BE MADE IN THE FUTURE). FORMALIZING:, P,ESOLUTION: "CITY UNDER GOD" PROGRAM. REFER TO MEMORIAL COMMITTEE: RENAMING OF PORTION OF 9 AVENUE "BOB HOPE BOULEVARD) -REQUEST OF NATIONAL PARKINSO2: FOUND. FORMALIZING RESOLUTION: CONDEMNATION TO THE MIAMI HERALD DUE TO ADVERTISING OF TRAVEL TO CUBA. INVITE RON FRAZIER TO APPEAR BEFORE THE CITY COMMISSION TO DISCUSS HIS PLANS FOR THE COURTYARD AREA OF COCONUT GROVE EXHIBITION CENTER. DISCUSSION ITEM: REQUEST OF RED CROSS FOR WAIVER OF FEES. WAIVE GREEN FEES FOR MIAMI SPRINGS GOLF COURSE FOR GREATER MIAMI WOMENS GOLF ASSOCIATION. WAIVE COST OF A SINGLE GREEN FEE FOR ONE ROUND OF GOLF TO EACH 1982 AMERICAN CANCER SOCIETY GOLF CARD HOLDER DURING SUMMER SEASON AT THE MELREESE GOLF COURSE AND CITY OF MIAMI COUNTRY CLUB IN MIAMI SPRINGS. INCREASE SALARY OF MARIE PETIT, ASSISTANT TO THE MAYOR DECLARE INTENT OF COMMISSION TO SELL FIRE STATION NO. 14 TO THE INTER-AMERICAN CHAMBER OF COMMERCE OR TO BRIGADE 2506 MAYOR CARLAY FOUNDATION CORP.INC. EITHER INDIVIDUALLY OR JOINTLY AFTER ALL LEGAL DUE PUBLIC PROCESS. LETTER FROM CENTRO MATER AND DISCUSSION OF DAY CARE OPERATIONS AND HOT MEALS FOR CHILDREN AS WELL AS THE ELDERLY. BRIEF DISCUSSION: SPORTS AUTHORITY. MARCH 12, 1982 DEADLINE FOR CITY WITHDRAWAL IF SPORTS AUTHORITY REJECTS TERMS. ACCIDENTS ON SOUTH DIXIE HIGHWAY DUE TO CONCERETE POLES, REQUEST F.P. & P. TO APPEAR TO EXPLAIN POSSIBLE REPLACEMENT WITH BREAKAWAY POLES. R-82-185 M-82-186 M-82-187 R-82-188 R-82-189 M-82-190 R-82-191 M-82-192 DISCUSSION 1 R-82-19 3 R-82-194 M-82-195 1 M-82-196 (DISCUSSION (DISCUSSION 1 M-82-197 73-75 75-77 77-81 82-84 85-86 87 87-88 88 I 89-90 90-91 91 92 1 93-95 95-98 98-99 99-100 J PAGE # 4 CI llff F flAMI; &IDA QRDINANCE OR Yj N08 REGULAR- P & Z SmcT FEBRUARY 25 1982 "zJOLijTION No, PAGE N0, 53 MISCELLANEOUS DISCUSSION ITEMS: DINNER KEY CONTRACT: JOB TRAINING MONIES: PARK WEST & OVERTOWN DEVELOPMENT; DIRECTOR OF TRADE AND COMMERCE; AUDIT COMMITTEE; REVIEW OF OUTSIDE COUNSEL BY THE LAW DEPARTMENT. DISCUSSION 100-10 54 CONDOLENCES TO THE FAMILY OF MEL REESE, FORMER CITY MANAGER AND PREPARATION OF BRONZE PLAQUE FOR THE GOLF COURSE. M-82-198 103-10 0 MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 25th day of February, 1982, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 9:15 A.M., by Mayor Ferre with the following members of the Commission found to be present: ALSO PRESENT: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre Howard V. Gary, City Manager George F. Knox, City Attorney Ralph G. Ongie, City Clerk Matty Hirai, Assistant City Clerk An invocation was delivered by Commissioner Dawkins who then led those present in a pledge of allegiance to the flag. 1. nECLARE IBIZA, SPAIN SISTER CITY AYD APPEARANCE OF SEVERAL VISITING DIGNITARIES. Mayor Ferre: Good morning Ladies b Gentlemen. This is a regular City of Miami Commission meeting, but before we start our official agenda, we have some ceremonial duties that we must do and the first one of which is a reso- lution designating the city of Ibiza, Spain a sister city. It reads as follows: (THEREUPON MAYOR FERRE READ THE RESOLUTION INTO THE RECORD) The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 82-153 A RESOLUTION DESIGNATING THE CITY OF IBIZA, SPAIN, AS A "SISTER CITY" OF THE CITY OF MIAMI, FLORIDA. (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: J1 FEB 2 5198Z Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre 1. Proclamation presented to Juan Trats Bonet, Mayor of Ibiza, distinguished guest. Also presentation of Keys to the City was made to Antonia Tur-Turns Vice -Mayor of Ibiza, distinguished guest. 2. Commendation presented to Mariana Lopez Dufour and Jose Luis Robles De aAcufia who were mainly responsible for making this trip to Miami possible. 3. Resolution presented to Ibiza's Mayor making Ibiza a "Sister City". 4. Presentation of officla Key to the City to Jorge Vargas Estrada, Mayor of Montes de Oca, Costa Rica. Proclamation and a Key to the City presented to Arthur Ramirez, attorney. 5. Commendation presented to Jose De Lima for having made this trip possible. 2. DEFERRAL OF CONSIDERATION OF APPLICATION FOR CHANGE OF ZONING 2661-2665*SOUTH BAYSHORE DRIVE (Pending filing of Covenant) Mayor Ferre: We now have the regular agenda. We have an ordinance for second reading. It is an application by the Central Bank and Irvona Properties to change the zoning of 2661 to 2665 South Bayshore Drive from R-4 to R-C. Is there anybody here who wishes to speak on this? Good morning to you. Ms: Holzhauser: Good morning. I am Joanne Holzhauser. I live at 4230 Ingram HIghway, Coconut Grove. I am here representing myself, but I believe express- ing the sentiments of a few other people. This one got by us because it started way back in June or July and it has come up before the Zoning Board and before the Commission and been deferred several times. I would respectfully ask that the Second Reading be postponed until the Coconut Grove Civic Club and several other groups and individuals have a chance to comment on this. We believe that this has an unbelievably far reaching effect on Coconut Grove zoning. You all have protected this particular area specifically in the past and we believe that this is something that will take away some of the protection you have given to an orderly zoning pattern. Mayor Ferre: What is the question of this item being deferred for another meet- ing, - we couldn't defer it longer than that. Ms. Holzhauser: yes sir. Mayor Ferre: And the purpose is so that we can have input from the different organizations. Is that correct? Ms. Holzhauser: Yes. Mayor Ferre: What is the will of the Commission on this? Mr. Whipple: Mr. Mayor, if I may also add, at the last meeting I believe there was going to be a covenant proffered and.... Mayor Ferre: A covenant offered? Has that been offered? Mr. Whipple: No sir, it hasn't. Mayor Ferre: Well then, unless I am over -ruled, the Chair will rule as follows: Since the covenant has not been offered at this time, would you please .... is there a representative of the Central Bank and Irvona Properties here? Is there anybody here that represents the applicant? Mr. Whipple: There was a representative the last time by Mrs. Christie, I be- lieve. Mayor Ferre: By who? Mr. Whipple: Mrs. Christie. Mayor Ferre: But I mean, you would think that they would have a representative here. Would you call Mrs. Christie and let her know that perhaps - I am sure she didn't read her mail or something - and tell her that there was a Second Read- ing and that she was not present or any representative of the Central Bank and Irvona Properties that we had a request for postponement so that the civic and different organizations in Coconut Grove would have input and I am going to rule that we are going to put it off until the next meeting, which will be the meeting of March 25, at which time we expect them to proffer the covenant that they previously recommended and at which time .... now Joanne, out of courtesy to you and to the civic groups we are going to do this, but no more postponements now; don't come back in March and say....if you can't get your people organized by then, there is nothing we can do about it. ' Ms. Holzhauser: Absolutely not. We are very sorry about this. Absolutely. We will sir. I am very sorry. We understood months go there was to be a covenant and I didn't discover until yesterday afternoon that there was none. .33 F E B 2 51982 r 0 Mayor Ferre: Terry, do we need any kind of a motion on this? Mr. Percy: I think it would be appropriate. Yes sir. Mayor Ferre: Would somebody make the motion? The following motion was introduced by Commissioner Plummer, who moved its adoption: ' MOTION NO. 82-154 A MOTION DEFERRING CONSIDERATION OF A REQUEST FOR A CHANGE OF ZONING AT 2661-2065 SOUTH BAY DRIVE FROM R-4 TO RC, IN ORDER TO OBTAIN INPUT FROM THE COCONUT GROVE CIVIC CLUB AND FOR THE FILING OF A COVENANT WHICH HAD BEEN PREVIOUSLY OFFERED BY APPLICANT. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Vice -Mayor Joe Carollo 3. PERSO'NAL APPEARANCE: JOANNE HOLZHAUSER REGARDING RECENT COCONUT GROVE ARTS FESTIVAL. Mayor Ferre: Joanne, before you go, would you give us a 2 second or 2 minute briefing on what happened in Coconut Grove this past weekend at your art show? Did it go well? I was out of town, so I don't...... Ms. Holzhauser: It went beautifully and one of the most exciting things that happened is - I talked to Lt. Riggs who is head of the Police Swat Team and was one of our 2 Commanding Officers with us yesterday afternoon - and he tells me that this is the largest crowd that he has ever seen at any event in this particular type of space. Mayor Ferre: How many people did we have? Ms. Holzhauser: We don't even... hundreds of thousands. There is no way.to tell. Mayor Ferre: But it went over 200,000? Ms. Holzhauser: It went well over 200,000, but the thing that is really signifi- cent, the 2 things that are significent to me in this idea is my first thing that the people be safe. He says there was no purse snatching. There were no chain snatching. There were no crimes reported to the police. They had 3 minor fist fights over the 3 days which was settled quickly. We had 2 serious accidents, 1 of them, I am not sure, it may have been a heart attack and the man was gotten out within 5 minutes by the Rescue Squad and a young woman skating with a beer bottle or a wine, whatever, in her hand severed an artery and hemorhaged and she was out within 5 minutes by the Rescue Squad. We are very pleased. Mayor Ferre: How about the merchants, did they end up being happy? Ms. Holzhauser: I have not asked the merchants. We are doing a questionnaire which will be circulated this week, one to the merchants of Coconut Grove and one to all of our artists, because we do want to know about it. 34 F E B 2 51982 Mayor Ferre: I was asking you about the merchants. Did the merchants end up happy or did their business suffer? Ms. Holzhauser: We are circulating a questionnaire which we are preparing now. We will be circulating it to the local merchants. We also are preparing a cir- cular for our artists to participate in. The detrimental feature was that.I mis- calculated the lack of rainfall; and the artists who were down here in this area suffered because of the dust. They did not suffer because of bhe change in loca- tijn. They did suffer because of the dust which is something we couldn't remedy once it started. The only negative comment that I have had all along that was a serious one for the City of Miami is that the "Miami Is For Me" campaign has given us bumper stickers and buttons for all of our artists and the artists who protested the license fee were turning the buttons upside down. They also tell me that in their home cities they were turning off their TV sets because they are very angry about the license fee. They really are very angry about that. _ Mayor Ferre: They were turning off their TV what? Ms. Holzhauser: When the "Miami Is For Me" commercials which are now being aired in northern cities come on, they are turning off the TV sets, and they were turning — the buttons upside down. It is just that the $12,000 the city made for the license fee, as I tried to warn everybody, bought an enormous amount of disfavor with the artists. Mayor Ferre: I'll tell you how much disfavor it has got with them, because they are not ever going to come back here again, right? I mean, they are never going to come to another Coconut Grove Festival. Ms. Holzhauser: No, they didn't say that. They just say that they aren't used to being treated that way. I would like to say one thing, because I was going to ask for an appearance later. Mayor Ferre: Maybe we can not invite them next year and they can go to another fair and we can get people who are more appreciative of the City of Miami. Ms. Holzhauser: Well you see, that license fee doesn't do anything for the artists that they can see, that is the point, and it is not charged in most other areas. But if I could say, end on one note that I really think is important - all over the country these artists come in contact with police officers, and I want to tell you, even the ones who were angry about the license fee, this is unprecedented for them to seek out the show director, or marshall to say this, but they did. They say that Miami has the nicest police officers they have ever encountered any- where, and I think this is an enormous thing for the city to realize we have got officers who are on the job and the artists love them. Mayor Ferre: Well thank you Joanne, but I just want to mention to you and to these artists - you tell them the next time they want to protest and turn their buttons upside down, that they do not have to return; that we have a quarter of a million people who come to this festival and this is without a doubt one of the most successful art festivals in the country and you and your associates and your mother before you assured, and that what they have to pay is really minimal in comparison to the success of this show. I am sure they all had a financial suc- cess, didn't they? Ms. Holzhauser: No, not all of them. Some are down because middle income, if you can call it that, aren't. The big spenders are still spending big. We have several artists that sold over $30,000 worth and had multiple commissions. It is just that they don't understand why the license fee is there. Mayor Ferre: Well, they can sell $30,000, that is why. Ms. Holzhauser: Well, if you could explain to them sir, what the license fee goes for, they would appreciate it, is all that I am saying. They really don't under- stand why it is done. Mayor Ferre: It goes for the payment of the expense that the city goes through in cleaning up the junk that they leave. Ms. Holzhauser: No sir, I paid - wait a minute - I paid over $6,000 last year for sanitation. I haven't even gotten the bill for sanitation this year. pay the bill. Mayor Ferre: And for the other services and the usage of the park.. Mr. Dawkins: For the police... M.q. Holzhauser: I pay for all of it;,5 FEB 2 519$2 Mayor Ferre: For the usage of all of the facilities of the City of Miami and for the pleasure and honor of their coming down here and selling their art to an audience of 250,000 people. Ms. Holzhauser: The pleasure and honor I appreciate, Maurice, but the bills I pay and I am going to send you copies. ' Mayor Ferre: I see. Well, let me put it to you this way. They come together. Ms. Holzhauser: They come together, but I do pay for it. I am not going to let you get away. I got $9,000 and you got $12,000. Somebody made money and it wasn't me. Thank you very much sir, for letting me speak about it. Sorry you weren't there. 4. SECOND READING ORDINANCE: CHANGE ZO11II1G CLASSIFICATION R-4 to R-C, 195 S.W. 15TH ROAD. Mayor Ferre: We are now on Item No. 2, which is the the application by Marvin J. Rauzi.n to change the zoning of 195 S. W. 15th Road. Is the applicant here? Alright. Are there any questions on this? Any other statements to be made? Do you want to move it again? Perez moves, Dawkins seconds. Further discus- sion. Read the ordinance and call the roll. AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOTS 3 AND 4 LESS FEC RIGHT-OF-WAY: BLOCK 97S; MIAMI (B-41), BEING 195 SOUTHWEST 15TH ROAD, FROM R-4 (MEDIUM DENSITY MULTIPLE) TO R-C (RESIDENTIAL OFFICE), AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTI- CLE II1, SECTION 2, 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 January 28, 1982, it was taken up for its second and final reading by title and adoption. On motion of Commissioner Perez, seconded by Commissioner Dawkins, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. ViceMayor Joe Carollo Mayor Maurice A. Ferre NOES: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9376 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 5. 01171CIALLY VACATE, CLOSE N.S. ALLEY LOCATED BETWhE1, N. V. 22/33 STS., NO. MIAN.I AVENUE, N.W. 1ST ST. - "A. C. SUBDIVISION" Mayor Ferre: We are on Item No. 3, which is A. C. Investments 6 Seymour Leh- man, vacation and closing. Yes sir? Mr. Dawkins: I was the one who had the objection. I have been assured that the residents and etcetora are not opposed to it, so therefore I move. -36 FEB982 EB 25 Mayor Ferre: There is a motion and a second. Now, there were some covenants involved in this, weren't there? Mr. Whipple: I just presented a letter, Mr. Mayor from Mr. Klein, the president of A. C. Electric who is donating 10 trees for a project up in Culmer-Overtown area. Mayor Ferre: 10 trees? Mr. Whipple: Yes sir. Mayor Ferre: 10 trees! Let me understand this right now. Does the applicant own the property that surrounds this alley? Mr. Whipple: Mr. Mayor, let me remind the Commission that the application is actually to move the alley from approximately 50 feet. He is not gaining any property, he is not giving any additional property. He is just moving the alley 50 feet to the west. Mr. Plummer: No, much to the contrary. I am sorry Mr. Whipple - that alley that presently exists, as I recall is 10 ft. wide. Your department has put de- mands that the new alley must be, I think, 13 ft. wide, so in fact he is giving up property. It is a loss of total square footage, as I recall. Mayor Ferre: Is the applicant here? Mr. Plummer: Yes. Mayor Ferre: Alright. There is a motion. Is there a second? Further discussion. Alright, call the roll on Item No. 3. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 82-155 A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCONTINUING THE PUBLIC USE OF THE NORTH -SOUTH ALLEY SOUTH OF THE SOUTH RIGHT-OF-WAY LINE OF N. W. 33RD STREET AND NORTH OF THE NORTH RIGHT-OF-WAY LINE OF N. W. 32ND STREET, FOR A DISTANCE OF + 216'; TN CONJUNCTION WITH TENTATIVE PLAT 111124-A "A. C. SUBDIVISION". (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ON ROLL CALL: Mr. Dawkins: I vote yes, and I didn't vote yes on the strength of no 10 trees. The trees, I don't even know, Mr. Mayor, how the trees got involved, but I would not look a gift horse in the mouth. Mr. Plummer: I don't know anything about the trees. 137 FEB 25 1982 6. ACCEPT PLAT: "OAKVIEW ESTATES" Mayor Ferre: We are on Item No. 4 which is the plat on Oakview Estates. The committee recommends approval and the zoning board recommends approval. Is there a motion on Oakview Estates? It has been moved and seconded. Is there further discussion? Mr. Plummer: Mr. Mayor, I have been in opposition to this. I will continue to be in opposition. I don't think that what they are proposing for this particular neighborhood - it is a very, very well established neighborhood in which it is all single family residences. Mavor Ferre: Wait, wait a minute. This is ..... Mr. Plummer: This is the one you have to abstain on sir. Mavor Ferre: Wait a moment - yes. Mr. Plummer: It is well established. Mr. Percy: Mr. Mayor, Commissioner Plununer... Mayor Ferre: Well you know, you guys in the administration better..you know 'hese things zip by unless you say so. Mr. Plummer: This is the 3rd time it has been up. Mr. Percy: That is the point, Commissioner. If this plat clear the technical plat street committee, the law requires the governing body to approve the plat and it has been before the plat street committee twice, I believe and it has cleared their review. It has met all the technical legal requirements and they could compel this Commission through court action to approve this plat. They have done everything our code, the state statute and the county code requires. Mayor Ferre: Alright, excuse me for the interruption. Let the record reflect that since my wife owns some property within 300 feet of one of the corners of this particular plat, and I definitely think that this would .... I would be financially involved one way or the other, I am abstaining from voting on this and pass the eavel to the Vice-Mavor. Mr. Carollo: Any further discussion from the members of the Commission? Mr. Dawkins: Yes. I need clarification. If we have no power to determine "yes" or "no", why is it here? Mr. Plummer: Exactly. Mr. Percy: The state law requires that the governing body approve all plats within your jurisdiction and this plat has gone through committees that this Commission has established and it has met all of the technical reviews, so if there is a problem with what this plat allows, then we would have to adjust our subdivision code in order to strengthen it, but once that..it is a minis- terial function at this point, Commissioner. Once it clears the prior com- mittee, you are obliged to approve it. Mr. Dawkins: Okay, I follow you, but really and truly then, I am a figure- head as a Commissioner regardless of... Mr. Percy: As to this type of application, yes sir. Mr. Dawkins: Well then okay, but don't bring, as long as I sit on the Commission, don't bring any more before me that I cannot vote against and be heard. Just put it on tale agenda and say "You can't touch this, it is already passed. It is just on the agenda". Mr. f'ercv: I understand, yes sir. is FEB 2 51982 0 PA Mr. Plummer: Well, of course, that doesn't preclude us using this as a test case either, does it? Mr. Percy: I believe the case law is pretty clear. There are some recent cases on it and I can give you a memorandum on it that sets forth that. I believe that Mr. Dawkins suggest that these type applications be on a consent type agenda. Mr. Plummer: That is not what he suggested. You had better ask him. Look, my objection is simple. This will be the first planned unit development in this area. You are inviting and encouraging something that that neighborhood has been trying to stop, and that is, more than a single family residence. It doesn't exist in that area. Bayshore Drive is crying out for all of those large estates. You don't recall, you weren't here. On the corner of Halissee and Bayshore Drive, the old Burdines home, directly across from Mercy Hospital came into this Commission with a plan for 8 units on that single piece of pro- perty under a PUD. This will be the 1st one, if it is approved. Mr. Percy: The plat, Commissioner, simply just shows how the land is to be divided on a map or atlas. Do you suggest that they have to come before this Commission for seperate permits to build a PAD? Mr. Plummer: It is not a PAD. Mr. Percy: PUN, I am sorry. Mr. Plummer: It is not a PUN, is it? Is the application? Mr. Percy: This is just a plat. Mr. Plummer: Yes, but if you don't allow them to split the property; if you don't let them divide the property, they can't build more than one unit on a piece of property, is what I am telling you. Mr. Percy: You can't.... Mr. Plummer: All I am saying to you is, that you are opening the door for this thing to spread like wildfire right down Bayshore Drive. It was the Mayor who was so objecting to this before, that he even suggested at the time we consider establishing this area as embassy row, so it couldn't happen. Mr. Percy: Commissioner, I suggest that the vehicle to correct that would be through zoning changes - through a zoning change. You cannot deny them the plat. The plat is dealing in a separate process and once they go through your technical requirements of review, you are obliged to approve their plat. They can compel that. Mr. Carollo: Is there a motion for or against? Mr. Plummer: There was a motion that was made before. You made the motion and Demetrio seconded it. Mr. Carollo: There is a motion and a second. Is there any further discussion. Hearing none, call the roll, Mr. Clerk. MOTION DEFEATED. On motion by Commissioner Carollo and seconded by Commissioner Perez, the foregoing motion was defeated by the following vote: AYES: Vice -Mayor Joe Carollo NOES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. ABSTAINED: Mayor Maurice A. Ferre ON ROLL CALL: Mr. Carollo: Yes, when they sue, they can sue these gentlemen here. )9 .F F B 2 51982 AFTER ROLL CALL: r P Mr. Percy: Mr. Vice -Mayor, for the record, the Commission is advised that state law requires that plats that meet technical requirements must be approved by the governing body. SPEAKER NOT ON MICROPHONE: What was the vote, Mr. Plummer: Mr. Plummer: 3 to 1. Mr. Carollo: Sir, I voted yes, they voted no. They ccn take the papers and the court serves it. Mr. Plummer: Mr. Mayor, I make a motion at this time. INAOIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayer Ferre:.' Go ahead. I think the way to do this is, I will tell you. You have got to be careful about the legality and the illegality of all of this. I think the way to do this is for us to go through the zoning process, okay? And I think what we ought to do is defer this item rather than deny it. So what you ought to do is, how about sleeping on it? Mr. Dawkins: We cannot deny it. I mean, Mr. Mayor, the attorney has already said it is cut and dried. Mayor Ferre: But see, you voted 3 to 1 against it. What I am saying is, do not vote against it. Mr. Dawkins: But I am against it. Mayor Ferre: I know. Mr. Percy: So what is likely to happen, Mr. Mayor, if I may interrupt at this time, is that the applicant is going to petition the Circuit Court and they are going to get an order commanding this Commission to approve this plat be- cause it has met all of the technical requirements. And what you are object- ing to can be cured through the zoning process, through amending our code, but not at the expense of this particular application, is what I am suggesting. Mayor Ferre: Yes, but see Terry, what I am saying is, following up and agree- ing with you, the way to avoid this thing from going to Circuit Court is to defer it - get into the zoning process and then, you know, eventually bring it back, vote for it, but by that time you have.... Mr. Plummer: Okay, I will tell you what. Let's do, okay? Let's reconsider the last vote. Let's pass it and immediately put in a moratorium. Is that within the code? Mr. Percy: Yes, you could.... Mr. Plummer: I move to reconsider the last vote. I was on the prevailing side. Mayor Ferre: Wait a minute. What kind of a moratorium? Mr. Plummer: We put a moratorium for the, as he says.... Mr. Percy: I suggest that you order the department to study and come back with a recommendation. Until that study is complete you have to make some findings for a moratorium. Mr. Plummer: That is fine. I move to reconsider the last vote. (INAUDIBLE COMMENT - NOT ON MICROPHONE) Mr. Plummer: No, not with a moratorium, they can't. Mr. Altman: Excuse me. My name is Robert Altman, 4061 Ponce de Leon Blvd. I have been representing my client partially on and off through the course of the last several years, considering this piece of land. Just last month when we were deferred, an instance of a project came about in 3 units on 22nd Avenue in this immediate neighborhood - 3 units for a PUN. What, I believe you, Mr. Plummer asked for was to prove that they could have a re -plat. If they could re -plat into 3 units, they would be given their PUN. They have done that, there- fore their re -plat, rather PUN is going ahead. It is a 3 unit project on a piece of land so much smaller than ours. 10 FEB 251982 Mr. Plummer: That is on 22nd Avenue Mr. Altman: That is on 22nd Avenue. Mr. Plummer: That is not on Tigertail, backing to Bayshore. There is a dif- ference. Mr. Altman: This does not back... this is on what would be the north side of the street, so it is in the same basic neighborhood as this other piece that I am talking about. Mr. Plummer: I understand what you are talking about. I understand that com- pletely. Mr. Altman: And these are single family houses that we will be putting up here. These are on the same size lots as 50% of the lots that are within the 375 feet of .bur parcel on Tigertail and 17th. Mr. Plummer: Sir, you are well aware that Bayshore Drive is complete with huge lots. Most of them run from Bayshore back to Micanopy on one side and on the other side a great deal of them run from Bayshore to Tigertail. It is the domi- no theory that says if you get it, then we are going to see a rash and complete- ly destroying in what I believe to be the beauty of South Bayshore Drive. Mayor Ferre: Mr. Plummer, can I interrupt you. Excuse me sir. It is the will of this Commission, as I sense it, the majority, that we - we as a city, the city fathers - do not want for large lots in that general area to be split up into dinky little lots and that area downgraded and I don't care how you slice it. Now, Mr. Reid, I want from you, and Walter, you are an expert on this type of thing and I want ... I know, I am going to listen to Mr. Reid...I want you to give us a little bit of your advice and I would like Terry, all of you to tell us how we can accomplish this stopping of what I think is going to be a disaster in that area. Mr. Reid, we will start with you. How would you sug- gest that we go about this? Mr. Reid: Mr. Mayor, about 2 years age, we came up with the same question on South Bayshore Drive itself when the Gemini project was being developed and the developers put in a private road. What we did at that time was create a new category in the zoning ordinance, R-l(b) which moves a minimum lot size in Bayshore and in adjoining properties to 10,000 sq. ft. for redevelopment, so it didn't preclude entirely what Commissioner Plummer is concerned about taking place, but it made it that any redevelopment had to occur on a much larger lot size, so one possibility here is to go back and re -map areas like the one in question to the R-l(b) zoning category, requiring developers who wish to re -plat, to re -plat their lots to at least 10,000 sq. ft. in terms of the size of the individual units. Mayor Ferre: That doesn't do the trick. Mr. Reid: That is what we did to protect the South Bayshore area. Mayor Ferre: Alright, what do we have to do to get that going? Mr. Reid: Just order the department to study the area and come back with a recommendation and re -mapping. Mayor Ferre: Is there a motion to that effect? Mr. Plummer: Do we have to reconsider the last motion first? Mayor Ferre: I don't think at this point you ought to... let's go through the process of what we need to do with regards to correcting this in the future so that it really has nothing —because I would like to vote on this and I can't vote on the Oak View Estates issue because I think I would be affected, but in the general sense I can vote on it because I don't think.... Mr. Percy: But this is perfunctory, Mr. Mayor, that is, the discretion of the Commission in this limited. The law requires the approval if all of the technical points have been met. Mayor Ferre: Sir, we are not talking about that. We are not talking about this specific issue and item #4 that is before us, and I am not voting on that. We are talking about the general area. There is a motion that has been made by Mr. Plummer. seconded by Mr. Dawkins based on the statement made by Mr. Reid and his advirv. Now, is there further discussion? Call the roll. 11 FEB 2 5 1982 V e The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 82-156 A MOTION DIRECTING THE PLANNING DEPARTMENT TO RESTUDY AN AREA GENERALLY DESCRIBED AS BORDERED BY ALATKA ON THE NORTHEAST, 27TH AVE. ON THE WEST, DIXIE HIGHWAY ON THE NORTHWEST, AND THE BAY ON THE SOUTH, AND FURTHER REQUESTING THAT A REPORT BE SUB- MITTED TO THE CITY COMMISSION SPECIFICALLY RELATING TO PLATS AND REPLATS IN THE AFOREMENTIONED AREA. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following'vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Vice -Mayor Joe Carollo AFTER ROLL CALL: Mayor Ferre: Now with regards to the specifics, Walter. You just made a state- ment to me and even though I know that this is not within your specific purview and I apologize, but I think you made a lot of sense. From a practical point of view, these people have got to come back after they get their plat and they have got to get a variance, don't they? Mr. Pierce: For PUN, for planned unit nature they do have to come back for conditional use approval to develop it. I am not that far into the city code yet, so I can't answer too many questions on that. Mayor Ferre: So, in other words now, for them to get a PUN, they cannot pull a building permit tomorrow on this property, can they? Mr. Perez-Lugones: There are 2 ways to go about it I will refer to the PUN first. PUNS and R1 and R1(b) require City Commission approval. Therefore, if they intend to develop the project on the property, using tnat device, they will have to come in front of this Commission. Now, when the property is re -platted, they can build one house on each one of those lots without going anywhere. Mayor Ferre: So, now that is something that you are going to have to deal with. Specifically, I cannot get involved with this issue. Mr. Plummer: Yes, but you see, that is speculation: Mayor Ferre: I will tell y,u, all I would say just in a general sense, it is a procedural matter. What yL.,i could do, since Terry Percy has brought out the legal aspects of this, you could reconsider and then defer this item for what- ever reason you might find. Mr. Dawkins: But, according to Mr. Percy, our hands are tied. There is nothing we can do, so I would follow his advice, since I am paying him for it anyhow, and go ahead and give these gentlemen, this, whatever it is we got to give them and close the door legally on that and also find out how to amend the law so that I do not sit up here and have things come before me that I am supposed to be able to vote on and be told I can't and thirdly, I would hope that these developers knowing the distasteful taste we have in our mouths for what they are doing, that they would in turn work with us knowing they have got to come back again for something else and would not abuse this privilege. Mr. Perez-Lugones: Commissioners, if I may, I would like to go a little bit into what are the required requirements for somebody to plat a piece of property be- caust, then you will be talking about the basics of why this is here. In the city 12 FEB 25 1982 10 4 zoning ordinance right now, what we have is that you provide a minimum of 30 ft. frontage and average width of 60 feet and R-1, 6,000 sq. ft. of lot area. If you can come up with that piece of land automatically, it is ac- ceptable of being re -platted. And once that is there, really, those are the conditions. It is going to sail through. Mr. Plummer: Alright, look. Follow me on this one. We approve this plat. We immediately instigate an action that says that this Commission wants to consider a minimum special district of 10,000 sq. ft. buildable lot amd im- pose a moratorium until the completion of that study. Can I do that legally? Xpvor Ferre: Repeat_the question. Mr. Plummer: The question is, we approve this plat as presented; immediately instigate a study of this area to create a special district with minimum sized lots, buildable lots of 10,000 sq. ft. and place a moratorium on them until the completion of that study. Is that legal? Mr. Perez-Lugones: Yes. Mr. Plummer: Okay. Mr. Perez-Lugones: Let me add a little something else there, Mr. Plummer. Mr. Plummer: Okay, so legally then, we reconsider the motion on the plat. We approve the plat. Then we make an immediate motion to instruct the department to conduct a study on this area bounded by the boundaries that we set for a minimum 10,000 sq. ft. buildable lot and then that will go through its process and come back here. Is that correct? Mr. Dawkins: You were trying to say something, Walter. What were you trying to say, Wal t�.,r? Mr. Pierce: I only want to point out to the Commission that the City of Miami zoning code and public works ordinances right now contain very few standards for subdivisions. They are so few in fact that you may as well not address them and the new proposed code as well do not have them in there. To attack this problem through just zoning alone, this is a bandaid approach. Mr. Plummer, Well, you know, I could be... Mr. Dawkins: Alright, I will be back with you to get the operational procedures so we won't need the bandaid. Mr. Pierce: I would also point out that we have already started looking into that. Mr. Plummer: Well, that is what I was going to say. Obviously it cries out for something; when something is presented to this Commission and we don't have the right to say no - why the hell even present it? That is ridiculous. I move to reconsider Item No. 4. Mr. Altman: Excuse me, may I interject for a moment? I would like to say that something that I brought up earlier, that about 50% - I did a study on this about 2 years ago - about 50% of the lots within the 375 feet of our pro- ject are presently between 5000 and 6000 sq. ft. If your code does go through that would preclude people from building on their lots, that they do own. Mr. Plummer: Sir, you are right and you are wrong. You are right, it would pre- clude, but you are wrong, because probably 98% of the lots are already built. What you are saying is, re -built. Mr. Altman: So that means that, well... Mr. Plummer: That means that we are going to demand that high quality situation remain in that area, at least as it is now. That is what we are trying to do, is to preserve the integrity of that particular area. (INAUDIBLE COMMENTS NOT PLACED INTO THE PUBLIC RECORD) Mr. Plummer: Where..Carollo is not here either? You move to reconsider? You second it? Call the roll. .FEB 2 51982 THEREUPON, THE CITY COMMISSION ON MOTION DULY MADE AND SECONDED VOTED TO RECONSIDER THEIR PREVIOUS VOTE ON THIS ISSUE. Mr. Plummer: Now you make a motion to immediately have the department insti- gate a study.. Mr. Ongie: Approve the plat first. Mr. Plummer: Oh, I am sorry. You move to approve the plat, and you seconded? Alright, call the roll on approving the plat. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 82-157 A RESOLUTION ACCEPTING THE PLAT ENTITLED OAK VIEW ESTATES, A SUBDIVISION ON THE CITY OF MIAMI; AND ACCEPTING THE DEDICA- TIONS SHOWN ON SAID PLAT; AND ACCEPTING THE COVENANT TO RUN WITH THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF CER- TAIN IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (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: APES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. NOES: None ABSENT: Vice -Mayor Joe Carollo ABSTAINED: Mayor Maurice A. Ferre 7. "OAKVIEW ESTATES" - DIRECT PLANNIIIG DEPARTMENT TO RE -STUDY THE AREA: PLACE MORATORIUM ON AREA UNTIL STUDY IS COMPLETE WITc, CONDITIONS - ALATKA, 27 AV-.NUE, BAYSHORE DRIVE AND THE BAY. Mr. Dawkins: Now I need to make a motion to have the departments do what- ever study is necessary to have a moratorium... Mr. Plummer: Use your microphone. Mr. Dawkins: To bring any study back that will create a moratorium so that WV can .. stop .. what am I trying to say? Mr. Plummer: No. What you are really wanting to say and you have got to de- liniate boundaries to be legal. Might I proffer an idea, that the Planning De- partment immediatley be instructed to study the area for the possibility of a special district with a proposed minimum sized building lot of 10,000 sq. ft. in the area bounded by Alatka on the north, 27th Avenue on the west, Dixie High- way on the north and the Bay on the south, and that a moratorium be placed on that area deliniated until the study is completed and action by this Commission. Mr. Dawkins: That's my motion. Mr. Plummer: Seconded by Mr. Perez, and I want to tell you, this is not prece- dent setting. We did this on 22nd Avenue, S. W. You remember? I remember very well, so this is not precedent setting. It has been done before, but it was done in piece -meal before and now what we are trying to do is to establish the entire area, rather than just ..... this is all prompted, Dick, if you will rL•cn11 by the vacating of the old fire station. Do you remember that? -} 14 F E B 2 51982 Mr. Whipple: Yes sir. But Commissioner, I have a concern here, If I could express that. Mr. Plummer: Yes sir. Mr. Whipple: Can the moratorium be such that it applies only with respect to buildings that involve lot areas. In other words, I am suggesting that you don't have a moratorium on all building permits in this area, unless they re- late directly to... Mr. Plummer: Any of them under 10,000 sq. ft. Mr. Dawkins: Does anyone else in the department have anything to say before we vote? Mr. Plummer: Further discussion? Hearing none, call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 82-158 A MOTION DIRECTING THE PLANNING DEPARTMENT TO IMMEDIATELY INITIATE THE STUDY OF THE AREA GENERALLY BOUNDED BY ALATKA ON THE NORTHEAST, 27TH AVENUE ON THE WEST,•DIXIE HIGHWAY ON THE NORTHWEST AND ON THE BAY ON THE SOUTH, TO CONSIDER THE FEASIBILITY OF A SPECIAL DISTRICT WITH A PROPOSED MINI- MUM SIZE BUILDING LOT OF 10,000 SQUARE FEET: AND FURTHER DIRECTING THE CITY MANAGER TO PLACE A MORATORIUM ON SUCH UNTIL THE STUDY IS COMPLETED AND ACTION IS TAKEN BY THE CITY 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. Plummer, Jr. NOES: None ABSENT: Vice -Mayor Joe Carollo ABSTAINED. Mayor Maurice A. Ferre 8. EXPRESS DISSATISFACTION OF PRESENT PROCEDURES OF PLAT AND STREET COMMITTEE INSOFAR AS CITY C0124ISSIOII ACTION IS CONCERNED. Mr. Plummer: I would like to also...Mr. Dawkins... well, where is the Mayor? I think a motion would be in order at this time expressing the policy of this Commission that we are very unhappy with the present procedures of plat and street approvals mandated only for approvals by this Commission and that the administration be instructed to completely review, revamp and recommend to this Commission more tightening procedures that we can follow in the future since we are in the present time, under a total city-wide comprehensive zoning revision, that we wish that that be included with the new recommendations in the revision. I think that would be in order. Mr. Dawkins: So moved. Mr. Plummer: Seconded by Commissioner Perez, call the roll. 15 F E B 2 51982 The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 82-159 A MOTION EXPRESSING THE POLICY OF THE CITY COMMISSION THAT THEY ARE VERY UNHAPPY WITH THE PRESENT PROCEDURES FOR PLATS AND STREETS APPROVAL AND INSTRUCTING THE ADMINISTRATION TO REVIEW, REVAMP AND RECOMMEND TO THE CITH COMMISSION MORE TIGHTENING PROCEDURES THAT CAN BE FOLLOWED IN THE FUTURE; AND THAT SINCE WE ARE, AT THE PRESENT TIME, UNDER A TOTALLY NEW CITY-WIDE COMPREHENSIVE ORDINANCE REVISION THAT THESE s CONSIDERATIONS BE INCLUDED IN THE NEW COMPREHENSIVE ZONING ORDINANCE. Upon being seconded by Commissioner Perer,, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. NOES: None ABSENT: Vice -Mayor Joe Carollo Mayor Maurice A. Ferre 9. DISCUSSION: S TEMPORARY DEFERRAL OF ACCEPTANCE OF "MAYFAIR SUB- DIVISION PLAT" - passed later same meeting. Mr. Plummer: Call back the Mayor for Item No. 5, and Mr. Carollo for Item No. 5, but let's go ahead and proceed with Item No. 5, as long as they know we are on that. Item 5.... Mr. Dawkins: "Mayfair Subdivision Plat" Mayor Ferre: Anybody have a problem with that? Mr. Whipple Mr. Mayor, we thought you ought to know the facts regarding this plat. This is a resubmission, if you will. The original plat came through incorporating all the property from Florida down to Virginia. This plat is processed by which to leave out those platted lots that are on the westerly, or Virginia Street end. The reason for doing this is that under the new plat, radiuses had to be provided at the intersections of Florida and Grand and Virginia, but by deleting the lots by this plat, that radius is not re- quired and therefore will permit the structure to come out over the corner, or the intersection, so to speak. Mr. Plummer: Question, Mr. Whipple. What did I read, somewhere sir, that they were having to redo the closure of Rice Street. Was there something that has changed from the original application about Rice Street? Mr. Whipple: Not to my knowledge sir, I believe that enclosure... Mr. Plummer: So this only addresses the problem existing on Virginia? Mr. Whipple: Yes, sir. And by deleting then, that end of the site from re - platting, this does allow them a 93 corner and does not provide the radius which was originally provided in the initial plat. Mr. Plummer: Mr. Whipple, something in the back of my mind recalls of their donating a certain amount of that property on the westerly portion. Was it for street widening, or what? There was something in my mind.... Mr. Whipple: Mr. Plummer, there was a dedication required under the plat on Florida Avenue and on Virginia Street and I believe also on Grand Avenue. We ha%�e discussed this with the owner and he has agreed to dedicate by deed the n,-, «are• right-of-w.iv and we have sent him the deeds. We have not yet 16 FEB 25 1982 received them, tetfted executed. i Mr. Plummer: Would it be proper that we defer until those are received? I mean, I have a problem when somebody offers to do something, predicated on this Commission's action, and they don't do it. Mayor Ferre: It is the same problem that we had with Item No. 1. Mr. Whipple: We would have no objection to that. Mr. Plummer: I move to defer Item No. 5 until the owners come forth with their proffer as they volunteered to do. Mayor Ferre: Further discussion? Call the roll on the deferral of Item No. 5. THEREUPON,THE CITY COMMISSION, ON MOTION BY COMMISSIONER PLUMMER AND SECONDEDBY COMMISSIONER DAWKINS DEFERRED THIS ITEM BY MOTION NO. 82-160. HOWEVER, THIS ITEM WAS TAKEN UP AGAIN AND VOTED AND PASSED BY THE CITY COMMISSION. (SEE RESOLUTION 82-177 6 LABEL 27.) 10. ACCEPT PLAT: BRICKELL KEY ON CLAUGHTON ISLAND. Mayor Ferre: Is there any problem with Item No. 6? Mr. Plummer: Is there anyone here in objection to Item No. 6? Mayor Ferre: Any objectors? Mr. Plummer: I move it. Mayor Ferre: It has been moved by Plummer. Is there a second? Further dis- cussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-161 A RESOLUTION ACCEPTING THE PLAT ENTITLED "BRICKELL KEY ON CLAUGHTON ISLAND SECTION THREE", A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE THE PLAT AND TO PROVIDE FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Vice -Mayor Joe Carollo 17 FEB 2 51982 W- V 11. DEFER ACCEPTANCE OF PLAT: IZQUIERDO PLAT (Applicant to appear). Mayor Ferre: We are now on Item No. 7. Mr. Plummer: Is the applicant here on Item No. 7? I have some questions. The item here is Izquierdo Subdivision. I move that Item No. 7 be deferred and the applicant be invited to attend. Mayor Ferre: This is a plat where the Plat -street Committee recommended ap- proval and the Zoning Board recommended approval. Have we in the past re- quired in plats that the applicant be present? J. L, this is the first time in 11 years .hat I heard you do this. Is there a reason for it? Mr. Plummer: Yes. Mayor Ferre: Okay, there is a motion and a second. Further discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 82-162 A MOTION TO DEFER CONSIDERATION OF THE ACCEPTANCE OF A PLAT ENTITLED "IZQUIERDO SUBDIVISION", PENDING THE APPEARANCE OF THE APPLICANT BEFORE THE CITY COMMISSION. 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. Ma,;or Maurice A. Ferre NOES: None ABSENT: Vice -Mayor Joe Carollo 12. ALLOCATE $10,000 FOR CALLE OCHO, CLOSE STREETS FOR OPEC! HOUSE AND PASEO CARNIVAL. Mayor Ferre: We have Leslie Pantin, Jr., who represents the Little Havana Kiwanis Club and the Little Havana Development Authority and all the other people who are involved. Would you step forward? Mr. Plummer: What item is this on the agenda? Mayor Ferre: It is a pocket item. He has a problem, J. L. He has to get to a meeting and I told him I would try to get to him by 10:00 o'clock, and it is 10:30, so since we are waiting for Carollo now, why don't you go ahead and ex- plain what your situation is? Mr. Pantin: We are basically requesting 2 things. Last year we requested for TV money, $10,000, which was approved by the Commission and then we could not work out a deal with the PBS network on the market they were going to give us, so we turned it down. This year, like we did last year, we have the Siempre En Domingo show, which is the most watched Spanish tradition show in the United States and also � sown in Mexico & Latin America 60 million hpeople. Last year we had 2 to 21'. hours of show time. The show runs for 5 hours every Sunday, 51, liours. This year we had an opportunity to do it for the whole 5� hours, ['Lill' Ocho un March 14th. 18 FEB 2 5 1982 Mr. Plummer: How"T.'ch? of Mr. Pantin: $10,000. Mr. Plummer: Wow! Mayor Ferre: Yes, but let me tell you what that $10,000 buys for you. Mr. Plummer: I know what it buys. Mayor Ferre: No wait a minute, and I want to, because I know Janet Cooper is here and she is going to start telling me "here we are giving away City money to all these Micky Mouse operations". Let me tell you what.. Mr. Plummer: I wish it was Micky Mouse - the amount of revenue they bring in! Mayor Ferre: Let me tell you about this. How many people are going to watch this program on television? Mr. Pantin: 60,000,000 people. Mayor Ferre: 60,000,000 people: Now, do you think... can you tell me where you can get 60,000,000 people to watch something - anything - about Miami for $10,000? Mr. Plummer: Super Bowl. Mayor Ferre: Do you know how much we spend on the Super Bowl? Mr. Plummer: $2500. Mayor Ferre: We spend a lot more than $2500. Mr. Plummer: We spend $2500 on the brochures. Mayor Ferre: We spend $250,000 to get a Super Bowl here, and it is well worth it. Mr. Plummer: They sure changed the format of the committee since I was on it. They only gave me $2500. Mr. Pantin: We are requesting, we are requiring 2 specials, one on Miami, on the City of Miami, and 1 on Little Havana documentary, inside the program that is being produced now. Mr. Plummer: I move it. Mayor Ferre: Plummer moves it with the condition that he be on the two. (LAUGHTER) He wants 60,000,000 people... Mr. Plummer: I volunteer to do such as long as Bozo the Clown appears and... Mayor Ferre: Bozo lost, buddy! Mr. Plummer: That isn't what he says. Mayor Ferre: Alright, and I thank you for setting that one up for me. Mr. Pantin: The second part is.. Mayor Ferre: Oh, you mean there is more? Mr. Pantin: No, it is the closing of the street and all of that... Mayor Ferre: Oh, the closing of the street. Mr. Pantin: You know, that bureaucratic stuff. Mayor Ferre: Alright, let's take it one at a time. Plummer, you moved $10,000. Is there a second? Further discussion? One at a time. Call the roll. FEB19 2 5 1982 c The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 82-163 A MOTION ALLOCATING AN AMOUNT NOT TO EXCEED $10,000 FOR THE "CALLE OCHO FESTIVAL" TO BE USED IN CONNECTION WITH THE TELE- VISION BROADCASTING TO BE CARRIED ON NATIONAL TELEVISION. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins * Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None ABSENT: Vice -Mayor Joe Carollo Mayor Ferre: Alright,, now, what else do you want? The closing of the streets. Mr. Pantin: The closing and all that stuff you have to approve. Mayor Ferre: Well, that is very descriptive. Mr. Plummer: I move to approve —no, if it is outside of this, we don't do it. Mr. Pantin: I don't know exactly the way it is. (LAUGHTER) Mayor Ferre: Wait a minute. I will read it into the record. "The closing of 8th Street between 12th and 27th Avenue on Sunday March 14th, during the hours of 10:00 A.M. to 11:00 P.M. in order that we may hold Calle Ocho Open House as part of the Carnival Miami." Secondly,"A request that licensing fees be waived as in prior years with the arts S crafts" - 'where is Joanne?' "participants, since they only show their work during a few hours of that day" Well that is plausible, isn't it? How many hours in the day? Mr. Pantin: From 1:00 P.M. until 1:00 P.M. or so. Now, the difference is that you know, we charge $10.00. Mayor Ferre: Well, why should we treat you differently than Coconut Grove? Mr. Pantin: I am not saying to treat it differently, you know. We charge $10.00 It is not really an art show. Nobody in the place sells $30,000. Maybe the way that it could be worked out - when you get a universal licensing fee for everybody. You know, we charge the artists $10.00. then the fees are charged to whatever... Mayor Ferre: Let me tell you where I am at so that I...of course I am waiting for the closing of the street, because otherwise you don't have a festival. Mr. Plummer: Well, excuse me, I have a point there, Mr. Mayor. I don't have any problems with closing the street as long as two of the main arterials north and south do remain open - 17th Avenue and 22nd Avenue for crossing. Mr. Pantin: Well, talking to the police, the police said that they don't want that. What we do is I think we leave 50... Mr. Plummer: Yes, but the Police Department don't get thousands of phone calls as these Commissioners do, because people can't get from one area of town to the other. Now, as long as you leave the street, the arterials... Mr. Gary: Yes, we did it that way last year. Mr. Plummer: That is right. Is this on Sunday? Mr. Pantin: That is right. 20 w u FEB 2 5 1982 Mr. Plummer: Ler me tell you something. The whole church at 17th Avenue & Coral Way called my office - the whole church! ' Mayor Ferre: Are you talking about the Presbyterian Church; Mr. Plummer: That is right. And they made a good point. The only way they could get to their church if they lived north of 8th Street was either I-95, or Douglas Road. And all I am saying is, close the street and have your open house. Mayor Ferre: Have you ever seen the crowds that go on that street when this thing —how many people are you going to have on this street? Mr. Pantin: 500,000 people. We don't care, J. L., but the police is the one that, you know, requested that we close those streets off. Mayor Ferre: 500,000 people! Mr. Pantin: Now, if the church on 17th Avenue and... Mr. Plummer: Coral Way. Mr.. Pantin: Coral Way. Mayor Ferre: That is right in the middle of your celebration. Mr. Plummer: No, no. It is south of there, but to get to there, Maurice.. Mayor Ferre: It is not south of there. 17th Avenue is heart and soul of 8th Street's celebration and that is where 300,000 people are shoving and pushing. Mr. Pantin: We worked out something with the church on 8th Street and 22nd Avenue, okay? Mr. Plummer: That is another Presbyterian Church. Mr. Pantin: But, you know, because they are right there and we gave them special police so they can park in and out, but the police is the ones who suggested that we close 17th & 22nd, because so many people going across the street. You know, we donit care. It is just, you know, safety part of it, those people... Mr. Plummer: Might I suggest that we add to it that the Police Department try to devise a method of keeping main arterial... Mr. Carollo: You had better reach a compromise, Plummer. Those preachers are not going to recommend your funeral place anymore. Mr. Plummer: You got a point there, you know. Mayor Ferre: Alright, Mr. Plummer moves the closing of S. W. 8th Street be- tween 12th and 27th Avenue Sunday March 14, 1982 between the hours of 10:00 A.M. to 11 P.M., provided however, that this meet with the full approval of the Police Department so that all due consideration can be given to the churches and other people that need to cross 8th Street on that Sunday. Mr. Dawkins: Do you have any trouble with that, Mr. Gary? Mr. Gary: No, sir. Mr. Pantin: Excuse me, What we do is we leave it open until the last possible moment. Mr. Dawkins: No, you are going to leave it open all day. Mayor Ferre: Is there a second? Mr. Plummer: Or, open and closed, I have got no problem with. Mayor Ferre: Further discussion? In other words, we are leaving this in the hands of the administration This is what we are doing, asking that you please consider all those churches and users. Mr. Gary: Yes, sir. 21 FEB 2 519a2 r. C Mayor Ferre: Alright, call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 82-164 A MOTION AUTHORIZING THE CLOSING OF S.W. BT14 STREET BETWEEN 12TH AND 27TH AVENUES ON SUNDAY, MARCH 14, 1982, BETWEEN THE HOURS OF 10:00 A.M. AND 11:00 A.M. FOR THE "CALLS 8 OPEN HOUSE CARNIVAL OF MIAMI" CONDITIONED UPON THE FULL APPROVAL OF THE CHIEF OF POLICE SO THAT ALL DUE CONSIDERATION CAN BE GIVEN TO a THE CHURCHES AND ALL OTHER PEOPLE WHO NEED TO CROSS THROUGH THOSE ARTERIALS: FURTHER STIPULATING THAT THIS WHOLE ISSUE SHALL BE LEFT IN THE HANDS OF THE CITY MANAGER TO BE HANDLED AT HIS DISCRETION. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote: APES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. ViceMayor Joe Carollo Manor Maurice A. Ferre. NOES: None. Mavor Ferre: Now we are at the license fees. What do you want to do on that? Mr. Gary: Mr. Mayor, may I inform you that the issue came up with regard to license fees last year or the year before last when I had the responsibility for it with the Coconut Grove Art Festival and by State law and local law, we are prohibited from waiving license fees. Mr. Dawkins: That kills that. Mr. Plummer: Amen. Mr. Pantin: Okay, can they license us? Can we pay one license? Mr. Plummer: No, each individual vendor. Mr. Pantin: You are going to kill that part of the festival. Mr. Plummer: State law kills it, not us. Mr. Dawkins: That is the same thing she said, and then she ended up with $9000. Joanne said "oh, you are going to kill that festival if you get the fees" and she ended up with $9000. Mr. Gary: Yes, but we have given them all that cash Mayor Ferre: I think we probably have to be consistent, see. We can't do one thing in Coconut Grove and another in Little Havana. Mr. Plummer: You have got to be consistent with a state law that says you can't waive them. Mayer Ferre: Oh, yes. Well then... Mr. Pantin: Well, is there a way that we can get one license fee, not $30. That is okay, I understand that it is not going to be one, but something that we average out and ...,. Mr. Gary: There is State criteria for the application of licenses which must be applied uniformly within the City. Mayer Ferre: Y3u pay for it; you got a lot of money. Mr. Pantin: He doesn't have a lot of money, but they are going to have to pay for it, you know... U FEB 25 1982 00 4 Mayor Ferre: I don't think there is anything we can do; is there anything else before us?,� Mr. Pantin: Well, we also have to close the street for the "El Paseo" day on Sunday. - Mayor Ferre: Alright then, we need on March Mr. Pantin: On the 21st. Mr. Plummer: That is for Carnival? Mayor Ferre: It is the next..aow, what they are doing, J. L., they got it 2 weeks. Mr. Plummer: So moved. It is a duplication and.. Mayor Ferre: With the same motion as made before, except that this is for March 21st. Mr. Pantin: That is from the 22nd to, I mean, it is in the afternoon and it is different. Mayor Ferre: The previous one is March 14th. This is Flagler Street and S.W. 1st Street - it is different -- between 12th Avenue & 22nd Avenue on Sunday, March 21st during the hours of 2:00 P.M. to 11:00 P.M., with... Mr. Pantin: We are not closing 12th or 22nd in that case.. Mayor Ferre: Alright, Mr. Plummer: You are starting at 12th & Flagler? Mr. Pantin: 13th, really. Mr. Plummer: and Flagler? Mr. Pantin: Right. Mr. Plummer: Okay, then you are going west? Mr. Pantin: Right. Mayor Ferre: They just missed you. Mr. Plummer: No, they do hit me exactly. They are right in front of me. What happens if I have a viewing at the Funeral Home? Mr. Pantin: Send them to Bird Road. (LAUGHTER) Mr. Plummer: Move to deny; you can't put me out of business. (LAUGHTER) Effectively, that is what you are doing. Effectively, you are putting me out of business. I cannot vote for such. Mayor Ferre: Mr. Leslie Pantin, Jr., I would respectfully recommend that you start this parade a block above, what is it, 14th Street? Mr. Plummer: 14th Avenue. Mayor Ferre: I would recommend that you limit this "El Paseo" from 17th Avenue, west. Mr. Pantin: Can we use 14th Avenue? Mr. Plummer: As long as..you know..I don't know if I am going to have a viewing. 1 don't know who is going to cash in by then, okay? But, you can't put me out of business. Mr. Pantin: Well, let me tell you, that is what we do with Caballero. Mayor Ferre: You sound like the merchants in Coconut Grove. As I recall, you didn't vote that way in Coconut Grove. Are you going to inconsistent now? Mr. Pantin: We do exactly the same with Caballero., your competitor. Mi . Plununer: Who^. 23 FEB 2 5 1982 6% 0 Mr. Pantin: On the 8th Street date they have exactly the same problem and they send their people to Coral Way. Mr. Plummer: No, they don't have exactly the same problem, because that par- ticular firm has an entrance on the side and the rear; I do not. Mr. Carollo: You have a conflict of interest, Plummer. Mayor Ferre: May I...Plummer, so you don't end up having a nice little story in the newspaper, why don't you move it in such a way as you did last time and let the Police Department decide and I am sure the Police Department will be very concerned and aware of the needs of the community there - churches, funeral parlors and other community needs. Mr. Carollo: If that is the case, Maurice, they might close the whole parade down so that Plummer's funeral home might be able to work. I would be careful with that. I would be careful with that. Mr. Pantin: If you change it to the 14th, there is no problem. Mayor Ferre: The 14th? Mr. Pantin: You know, one block. Mayor Ferre: Alright, Mr. Plummer moves. Mr. Plummer: No, no, no. Mayor Ferre: You don't want to move? Mr. Plummer: Let somebody else move. Mayor Ferre: What? Mr. Plummer: Let somebody else move it. Mayor Ferre: Listen, Larry is out of town anyway. What are you worried about? Mr. Plummer: No, he is back on Sunday, that is my problem. Mayor Ferre: Alright, Demetrio, do you want to move it? For the closing of the street for "El Paseo", on 14th. Mr. Perez: On 14th Avenue? Yes, I will move it. Mayor Ferre: It has been moved and seconded by ... this is the closing of Flagler Street and S.W. from 14th to 22nd Avenue on Sunday, March 21, 1982 during the hours of 2:00 P.M. until 11:00 P.M., provided however, that all the requirements and approval of the police be met, and that the maximum consideration be given to the businesses, churches and residents of the area for ingress and egress. dead or alive. Alright, further discussion? Call the roll. The following motion was introduced by Commissioner Perez, who moved its adoption: MOTION NO. B2-165 A MOTION AUTHORIZING THE CLOSING OF FLAGLER STREET AND S.W. 1ST ST. BETWEEN 14TH AVENUE AND 22ND AVENUE BETWEEN THE HOURS OF 2:00 P.M. TO ll:)) P.M. IN ORDER TO HOLD THE "EL PASEO" PORTION OF THE CALLE 8 FESTIVAL TO BE HELD SUNDAY, MARCH 21, 1982, PROVIDED HOWEVER THAT ALL THE REQUIREMENTS OF THE POLICE DEPARTMENT ARE MET AND THAT CONSIDERATION BE GIVEN TO BUSI- NESSES, CHURCHES 6 RESIDENTS OF THE AREA FOR EGRESS AND IN- GRESS PURPOSES. 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 `BS'IaINED: Commissioner J. L. Plummer, Jr. 24 FEE 2 51962 13. DISCUSSION OF APPEAL FEES - NO ACTION TAI:E11 PENDING FURTHER STUDY. Mayor Ferre: Alright, we are now on Item No. 8. Mr. Carollo. Mr. Carollo: Mr. Mayor, Mr. McManus, before we proceed on Item 8, I understand that your department is against the intent of what we are trying to do with these fees. But, before we proceed, for the record, can I have your home ad- dress? Mr. 1.1cManus: My address is 1410 Mantua, Coral Gables. Mr. Carollo: In Coral Gables, okay. Who else from your department worked on this opinion that you gave us for item o. Mr. McManus: That would be Mr. Whipple. Mr. Carollo: Mr. Whipple, can you come up here sir? Can you give me your home address? Mr. Whipple: 10330 S. W. 199th Street. Mr. Carollo: In South Dade, right? Mr. Whipple: Yes, sir. Mr. Carollo: And Mr. McManus lives in Coral Gables. Well, now I find it very hard to stomach that someone that lives in Coral Gables and South Dade is going to understand the problems that the people and citizens of Miami have, as well as I do, someone that lives in the heart of the City of Miami. Are you going to tell me that it is perfectly feasible for some poor soul to have to pay up to $500 because some big developer wants to build whatever he wants to build next door to them and they don't want to pay the $500, well they can collect 10'/0 of the signatures, especially when in a town like this, the vast majority of the people have to work extremely hard. This is a very poor town, regard- less of what people think. I think that neither you, nor Mr. McManus really understand Miami, like someone that lives here does. Therefore sir, I strongly disagree with the opinion that you are giving me, and this is something that this City, it is -about time should take a stand in. It seems to me that we go through all of our departments, and the vast majority of our department heads and key people in our departments don't live in the City of Miami. I think that Miami should be for Miamians. If Miami is good enough to pay your salaries at $40,000 to $50,000 and above, Miami should be good enough for you to live here. Maybe then, when someone calls your office, you would be a little more responsive if that someone might be a neighbor of yours, or someone that you have to see every day. Mr. Plummer: Mr. Mayor, may I...Mr. Carollo, I fully understand what you say, and only Mayor Ferre and I were here at the time that this matter was brought before the Commission. Might I suggest to you that you understand the reason why in the past this particular rule was put into place. What happened in the past, Joe, was that if any single individual wished to appeal by a single sig- nature, they could do such. As you are well aware, we have people who are down here, who are here every week to complain on 3, 4, 5 different matters. (INAUDIBLE COMMENT NOT PLACED INTO THE PUBLIC RECORD) Mr. Plummer: No, I am not; no I am not. All I am saying to you is, Joe, we were experiencing here at this Commission, that almost every item was being appealed by a single disident individual. Now, what I think..excuse me, that was also coupled with the fact that that department was running because of those problems on a tremendous deficiency of funds. We completely revamped; we said, okay, set a $500 fee, but at least give them an alternate shot of going out and getting 10% signatures". If in fact, what you are planning to do is to reduce the fee to a more reasonable one, I have no problem. I think a very viable alternative to the situation would to be not reduce, the fee, but re- duce the percentage of signatures needed, and we still accomplish the same thing. Let me give you an example. That which brought it to your attention was that of Trinity Episcopal Church. and 1 likewise, the church had to pay a 25 FEB 2 5 1982 w fee I thought was ridiculous. But, keep in mind that if Trinity Episcopal Church had to go out and get 10% of the residents within 375 feet, how many do you have? Very few. You are probably talking about a dozen people in that particular instance. 5? 1., God in the church. (COMMENTS NOT ON MICROPHONE) Mr. Plummer: Well, okay, what I am saying to you is, you can reduce the fee if you want, and I have no problem with that, to something more reasonable, but I think the best way to do it Joe, is to make sure that we are not constantly plagued here with a single disident individual who will take advantage of the situation and abuse it, which we found happening before and I would suggest to you rather than reducing the fee, that you reduce the percentage of the needed signa- tures. That is strictly...I wanted to bring up on the history of why it was put in place, what was trying to be accomplished, and you take it from there. Mr. Carollo: J. L., what your intentions were at that time I. can understand However, the way this ordinance stands now, it is only helping and protecting the big developers. I am more concerned about the right of individual residents of this City than of any big developer here. Now, let me tell you what I have in mind. What I am looking for is not to waive the fee for someone like Janet or Joanne or Dan Paul, or anybody else that does not live in an affected area. They may want to protest in some valid reasons. What I am trying to do is change an ordinance so that people that live in an area that they are going to be directly affected by a zoning change, do not have to pay a single penny. In other words, I would be limiting this to people that live in the area that is being affected, neighbors of that area and if someone other than they, in another part of town want to protest a variance that might be granted by the Zoning Board, well that is fine; I am not going to be against charging these people a fee. But, I will be against charging people in an area that live in an area or have property in an area, that they are going to affected, a fee. I am not against charging the developers a fee if they want to appeal something either. They can well afford it, and whatever variance they might be getting is going to be much, much more than whatever they are spending. What I am try- ing to limit this is to, is solely to people who might live in the neighbor- hood. Let us say your funeral place over on Flagler; let us say they are going to build some huge skyscrapers all around you, blocking you in. You are going to be screaming bloody murder, J. L. Should it be fair for you to have to pay $500 to maybe the appeal the decision that the Zoning Board made? I don't think it would be. You are just protecting your rights, so in essense, what I am saying is, that I want to make a new ordinance that would give any resident that lives in the area where they are going to be affected by a vari- ance or zoning change, the right to appeal any decision of the Zoning Board without having to pay any fees whatsoever. The developers still will pay the fees. People or groups from other areas that are not directly affected will still have to pay the fees, but the residents that will be affected that live in those areas will not have to pay those fees. Mr. Plummer: Are you transferring that $500 off of the residents to the deve- loper, if in fact an appeal is applied for? Mr. Carollo: If that would be the only way that I could get this passed. I would say, fine. Mr. Plummer: Well, what I am looking at in practicalities, is the fact that we were told for all of the mailings and the advertising and things of that nature, you are talking about a minimum of $500 worth of costs, okay? Now, I could go along with it, if in fact that $500 were to be charged to the developer or the applicant, okay? Charge it over there. Mr. Carollo: I will go along with that. They can sure as heck afford it. Mr, Ot•rezl, 11ow would you define neighborhood, what area.... Mr. Plumm(-r: Within 375 feet, that is what the book defines now. Mr. Carollo: That is one way we could define it, but I would rather be a little broad in the definition; someone who would directly be affected, either by living in the area, ter owning property in the area. Mr. Plummer: Protected property owners. What are your distance requirements? Mr. Carollo: The distance requirements that we usually use are 375 feet. MI'. Plummer: Part of a broad area. )1s FEB 25 198 Mr. Carollo: That is also the distance requirement that we have been using for the 10% of the signatures, right? Mr. McManus: That is correct. Mr. Carollo: We will use that. Mr. Plummer: Fine. Will you make it in the form of a motion? Mr. Carollo: That will be made in the form of a motion, that only property owners that are affected within 375 ft. will not have to pay to challenge any ruling that the Zoning Board has made, and that that fee will be transferred to the developers. Mr. Plummer: To the applicant. Mr. Carollo:' To the applicant. Mr. Perez-Lugones: Commissioner, it implies a change of the City code. I guess that you will be directing administration to implement that through the proper procedures. Mr. Carollo: You guessed correctly, Mr. Perez. Mr. Plummer. I second the motion. Mayor Ferre: There is a motion and a second. Is there further discussion? Mr. Plummer: Let me only bring out one other thing, Joe. At the same time that was passed is when we ran into a new concept of charging fees for applications. I am aware that within the past 30 or 60 days, a single application has been filed by an individual and that fee that they paid to the City of Miami for that hearing is $131,000, just for that application, so, I think we did some good as far as revenue is concerned in that particular area. Mr. Carollo: 1 guess the bottom line, J. L., the reason I brought this change about is that up to now, what I have seen is that everyone is all concerned about the applicants, the developers, but I haven't seen the real interest that we should have seen from our staff concerning the residents, the poor guy that lives in the City and this is why I want to make this change. Mayor Ferre: Further discussion? Janet? Ms. Cooper: Janet Cooper, 1901 Brickell. There is definitely 2 sides to this issue. It is a problem; there have been times when appeals should have been taken, but could not have been taken because some money could not be raised. And the other problem that results from the way the ordinance is, if you want to get the signatures to prevent having to pay the money, you only have 15 days to appeal it. In many cases, that is not sufficient time to accumulate the signatures that are needed to avoid having to pay the fee. Also, 15 days is a relatively short period of time to get together the information that you need to file your appeal and substantiate it properly. I would suggest that you also consider lengthening the time within which a person may appeal, for 15 days to 30 days, which is what is for example, in the court system. You need, I think, some fee to protect developers from frivolous appeals which do occur. But, there has got to be some relief for the proper owner who really has a genuine complaint and who cannot afford to do this, to pay this kind of fee. And since the greater the impact - the way the fee works, I understand - is that you have to pay the same amount as the application, so let's say that one person wanted to put a porch on his house and go into a yard setback. If the original fee were only $50 to do that, they the appeal fee would only be $50, but those projects with the greater impact, the high-rise developments, or large develop- ments, where the application fee is significantly more, the person would have to pay more money, the $500 appeal fee, so for the greater impact on his property, he would have to pay more to appeal it, and that is a little unjust, so I would suggest that there would be some reduction in the fee for people who are affected by it, and I would ask you to consider the 375 feet is not always a sufficient radius; for example, many projectf have front footage of over 400 feet ana so you ar(: only talking about 1 property away, whereas you are still affected by property more than 375 feet, so I would ask you to consider increasing the square footage. Thank you. Mr. Plummer: Square footage? Ms. cooper: The distance - the footage as to how far away from the property; 27 FEB 2 5 1982 but not necessarily+ eliminate the cost of the fee. There are charges author- izing those expenses and having an appeal and we recognize that. Mr. Plummer: We are transferring those expenses from the objector over back on to the applicant. Ms. Cooper: I am not authorized to speak for any developers, but I am sure if you do that, you are going to hear some squawking, but I think there should be a fee; it should be more of a nominal type fee. You shouldn't charge nothing. For example, when trees are torn down improperly, there is a $25 appeal fee; whereas I couldn't afford - and my organization could not afford - to appeal the variances that were granted the corner of 25th Road and Brickell Avenue be- cause that would have been $500. I was able to afford to pay the $25 fee where a tree was illegally cut down without a permit, so a nominal fee would afford someaprotection from totally frivolous lawsuits and yet will provide access to the Commission. Mr. Plummer: You have a motion, call the roll. Mayor Ferre: Would you repeat the motion, the sense of the motion. Mr. Plummer: Mr. Ongie. Mr. Ongie: The motion would be to instruct the City Attorney to prepare the necessary ordinance amendment to allow a resident or a property owner of an area that is directly affected by an adverse decision that would adversely af- fect them within 375 feet, to be able to appeal the decision without having to pay a fee and that the $500 fee... Mr. Carollo: Or whatever the fee would be.. Mr. Ongie: Would be transferred to the developer or the applicant. Mayor Ferre: Alright now, would you also take Janet's comments into considera- tion and have the administration consult her on the drafting cf this so that all of the xiewpoints can be... Mr. Carollo: Especially in two areas, the areas which she pointed out which are truly valid - 15 days, in my estimation is a loophole to again protect the applicant developer even moreso, and the other area, in as far as the study, whether in certain large projects, the radius should be expanded beyond the 375 feet. Mayor Ferre. Alright, call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 82-166 A MOTION INSTRUCTING THE CITY ATTORNEY TO PREPARE THE NECESSARY ORDINANCE AMENDMENT TO ALLOW RESIDENTS OR PROPERTY OWNERS OF AN AREA DIRECTLY AFFECTED BY AN ADVERSE DECISION TAKEN BY THE ZONING BOARD TO APPEAL THE DECISION WITHOUT HAING TO PAY THE FEE AND THAT THE $500.00 FEE (OR WHATEVER THE AMOUNT OF THE APPEAL WOULD TURN i OUT TO BE) WOULD BE TRANSFERRED TO THE DEVELOPER OR THE APPLICANT; FURTHER DIRECTING THE ADMINISTRATION TO SPECIFICALLY RESEARCH (a) THE PERIOD OF TIME PRESENTLY ALLOWED FOR THE GATHERING OF THE NECESSARY SIGNATURES IN ORDER TO AVOID PAYING THE FEE IN THE APPEAL PROCESS WITH A VIEW TOWARDS POSSIBLY EXTENDING SUCH PERIOD OF TIME, AND (b) A RECOMMENDATION CONCERNING THE NOTIFICATION SENT TO AF- FECTED RESIDENTS AND/OR PROPERTY OWNERS WHICH PRESENTLY COVERS THOSE WITHIN A 375-FOOT RADIUS, WITH A VIEW TOWARDS POSSIBLY EXTENDING SUCH RADIUS. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES; Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. ViceMayor Joe Carollo Mu,;nr Maurice A. Ferre. NOFIS: None. FEB 25 1982 14. DEFER FOR PUBLIC HEARING - PROPOSED RENAMING OF MANOR PARK. Mayor Ferre: We are on Item No. 9, the renaming of Manor Park. Mr. Dawkins: Mr. Mayor, Mr. Mayor, hold it - hold it. I will have to move for a deferral in that I live in that area and the residents who frequent that park and also my neighbors have asked to be heard on the changing of this park and that they are not in favor of it, so I would move that we do' nothing until there is a public hearing so that those individuals can ex- press their... Mayor Ferre: I think that is a valid request that this be done through a public hearing process. Would you then make the motion that a public hearing be held as soon as possible on this particular recommendation? Mr. Dawkins: I move that a public hearing be held as soon as possible on this particular hearing. Mayor Ferre: Further discussion? Call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 82-167 A MOTION DEFERRING CONSIDERATION OF A PROPOSED RECOMMENDATION TO RENAME THE CITY OF MIAMI MANOR PARK THE "CHARLIE HADLEY PARK" LOCATED AT 1300 N. W. 50TH STREET, UNTIL THERE IS A PUBLIC HEAR- ING PROCESS ON THIS ISSUE AS SOON AS POSSIBLE. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. ViceMayor Joe Carollo Mayor Maurice A. Ferre. NOES: None. 15. ESTABLISK DATE 0V MAY 13, 1982 AS DATE OF PUBLIC HEARING WORLD TRADE CENTER - a development of regional impact. Mayor Ferre: We are now on Item No. 10. Mr. Plummer: What date do you recommend? May 13, I move. Mayor Ferre: Further discussion? Call the roll. n e following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-168 A RESOLUTION ESTABLISHING MAY 13, 1982 AS THE DATE FOR A PUBLIC HEARING CONCERNING ISSUANCE OF A DEVELOPMENT ORDER FOR THE WORLD TRADE CENTER, A DEVELOPMENT OF REGIONAL IMPACT, TO BE LOCATED IN DOWNTOWN MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote- 29 FEB 25 1982 r AYES. Commi.-aioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None 16. AUTHORIZE LAW DEPARTMENT TO PAY TRAVEL COSTS FOR MR. LEITNER FREILICH TO EXPLAIN STRATEGY PLANS FOR THE EVE'_1TUAL OP.DI11ANCE ESTABLISHING IMPACT FEES. Mayor Ferre:. Take up Item No. 11. Mr. Plummer: What is the cost involved? Mr. McManus: Up to $30,000. Mayor Ferre: Who is Leitner Freilich anyway? Mr. Percy: Bob Freilich is a law professor, land use consultant attorney, University of Missouri at Kansas City and he is a renowned, nationally reputed land use.... Mayor Ferre: Who recommended him? Mr. Percy. Our office, in conjunction with the City Manager's office. You gave us a mandate of producing an impact fee ordinance and the impact fee area is a legal quagmire at this juncture, given the time constraints that we are operatin; - under we.... Mayor Ferre: This is a lawyer from where? Kansas City? Mr. Percy: University of Missouri at Kansas City, and the urban law centers is where he is headquartered. Mr. Plummer. Why didn't you get Bartley? Bartley i= already working on the com- prehensive for the City. Mr. Percy. Bartley is not an attorney. Mr. Plummer: You don't have to have an attorney to make impact fees. Mr. Percy. Well, to read the court decisions and to predict what is going to be constitutionally sound, I think you would. Mr. Plummer: Are you saying that we are prececent setting, that no else in the United States impact fees exist? Mr. Percy: Just this state, and this particular consultant is working in Orange County right now with an impact fee type ordinance that has some promise. Mr. Gary: You are being penny-wise and dollar foolish. Look how much money you are going to get. Mr. Plummer. Let me tell you how I look at it. I am very much opposed to pay- ing $30,000, but if that what it takes, and if that is what we have got to do, then we have got to do it, because that is $30,000 that I see is going to bring back millions, and you know, I am unhappy that we can't handle it in house. Mayor Ferre: I will tell you what I would like to do. I think Plummer has got a valid point. I would perfectly willing to pay for Mr. Leitner Freilich's trip down to Miami and let him come sit down and visit with all the members of the Commission individually before we hire him. I want to make sure this guy knows and can get this job done, okay? So, I would like to recommend, Plum- mer, that you move it this way, that we authorize the Law Department to pay for Mr. Frelich's trip down to Miami on a day that is mutually acceptable to the members of the Commission and the City Manager, so that we will all have an opportunity... MI. 1'1uffmct-. Why don't you just have him come right here before the Commission? 30 FEB 2 5198 Mayor Ferre: Well, that is fine too. Mr. Plummer: Have him come down on the llth of March. Mayor Ferre: I want to see him -face to face in my office, do have him come down the day before the next Commission meeting and then we will have it as an agenda item at the next Commission meeting. Mr. Plummer: Next presentation, so move it that way. Mayor Ferre: Alright, Plummer moves, is there a second? Further discussion. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 82-169 A MOTION OF THE CITY COMMISSION AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO PAY ALL TRAVEL EXPENDITURES FOR MR. LEIT- NER FREILICH, ESQ., TO COME TO THE CITY OF MIAMI TO APPEAR BEFORE THE CITY OF MIAMI COMMISSION TO PERSONALLY DELINEATE HIS PLAN FOR THE DRAFTING OF AN ORDINANCE DEALING WITH "IMPACT FEES" FOR THE CITY OF MIAMI. 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. ViceMayor Joe Carollo Mayor Maurice A. Ferre. NOES: None. 17. OFFICIAL CONDE 1,1ATION OF THE MIAMI HLRALD FCR ACCEPTANCE OF ADS PROMOTING TRAVEL TO COIIIA_UNIST CUBA (Later formalized - See Resolution 11o. 82-191. Mr. Carollo: Can I bring up an item here that I would like to make some state- ments on? This is in reference to some ads that have been appearing in the Miami Herald. If I may read it for the record. These are ads that have been placed by American Airway Charters, Inc., an advertisement that talks about vacations to Cuba. It says "Now you can travel to Cuba", and it has different packages. One says "Tropicana - spend Saturday night at the world famous Tropicana - Havana's legendary nightclub, possibly the finest show that you have ever seen. Package includes everything - air fare, tour of Havana, cock- tails, dinner, drinks, show, tax and tips. $120 per person" Another one is entitled "Havana. Week in Havana. 3 days, 2 night package includes air fares, transfers, accomodations, 3 meals a day, shows at Tropicana and Copa nightclubs, tours of Colonial modern Havana, visit the Hemingway Museum And lunch at his favorite "Floridita" restaurant, tour of national parks, tax and tips, $299 per person, double occupancy" The last one they were advertising was "Cuba, 8 day, 7 night package includes round trip air fare from Miami, transfers, accomodations, mels, 6 days of diving, one night dives, 2 tanks of air per day, tanks and weight belts, internationally certified master divers accompany each diver, $599 per person, all inclusive." This ad was placed in the Miami Herald by American Airways Charters, Inc., a firm that is under indictment now by our Federal Government, and rightly so. Mr. Mayor, it is an insult to me, as a citizen of Miami, a citizen that at a very young age had to leave my country to come to my new country because of Communism, that a paper such as this would accept ads that are against every decent thing this country stands for, when they know darn well that there are few people in Cuba today that have 3 meals a day - where they know darn well of the thousands of people that have been shot by firing squads and the other thousands that are rotting in prisons and this Communist tyranny. And what shocks me even more is that in a Miami Herald article of February 17th of this year, the State Department, 31 FEB 2 51982 and I read from that paragraph, "In an early February interview with the Herald, Mastieu, he is an executive of this firm, acknowledged that his firm had been aware of an investigation for some time. He acknowledged to the Herald that the was aware that the Federal Government of the Ulftited States is investigating them. And still then, the Miami Herald, being aware that our government was investigating this firm for trading with the enemy, trea- son, they would still go ahead and accept ads from a firm such as this, and the last paragraph of this same article states from the same representative of this American Airways Charter, Inc. "Just in case it gets too hot here, he said at that time, I can always move to Canada". Mr. Mayor, I think this shows once again the hypocrisy, the type of mentality that is running this paper, that they would place the dollar bill ahead of pride of their own country, and ahead of something they know is completely false. Cuba is not a paradise. Cuba is a hell today, a hell made so by the present Communist dictgtorship that island has. As a Miamian, as an elected official, I am ashamed that the largest paper that we have in this city would place a dollar bill ahead human rights, human dignity. I would hope that by some strange miricle some of the owners of that paper will see fit to have a little pride and give a damn a little bit about America and what we stand for so that these ads will no longer be placed in that paper. There are things in life that are important than dollar bills. Mayor Ferre: What do you want to do? Do you want to make a motion to move to Canada including the editor? Mr. Carollo: I would sure like to do that, however, I do not think it is practical. What I would like to do is make a motion so that this Commission will take a firm stand in condemming these kind of false advertisements that our being placed in the Herald. We all know that Cuba is not a paradise. Cuba is a hell, and what the Miami Herald is doing is an injustice to this country, this city and an insult to all the people that have come to this great country that have had to live under Communist tyranny. 0 Mayor Ferre: Well, let me in supporting the motion which you're making stress that the Miami Herald itself does not take ads from everybody. You cannot, there are a lot of people and entities that the Miami Herald will not take an ad from. Mr. Plummer: Yes, those without money. Mayor Ferre: No, this is serious now, there are people who will go there and try to place an ad and the Miami Herald will scrutinize it and say it "We will not accept this ad because it is defamatory, because it goes against our vision of what morality should be in this community" and an individual in the Herald makes a judgement. Now, it is a judgement based on his or her perception of morality or his or her perception of what is right or wrong. Now, I think that if the Herald did not do that then I think that the position that Joe Carollo has taken would be less, it would be difficult for us to sustain that position. But since the Herald does discriminate for what they consider to be just reason and cause and the fact that they did not distinguish this particular ad is by implication an acceptance of the statement made in the ad. Now, I think that, therefore, that is inconsistent with their policy as stated publicly and editorially when they are accepting money for an ad that they know is not only, it is aside of the truth. Now, I know that there are some serious First Amend- ment considerations with regards to freedom of the press but I don't think that we are in any way playing with freedom of the press in this particular issue because we are expressing an editorial position against what a major source of information in this town is doing. We have no control over it and we have no authority over it but we certainly can express our disgust and disdain that they to make a little money would utilize their newspaper for something which is patently against the best interests of this community. So I support the motion. Is there a second? Mr. Perez: What is the formal motion? I would like to include something, I don't know as part of that motion or in another motion, but it has some relation with the same matter. As you know, we had yesterday the President's speech pledging his support to the nations of the Caribbean. I think that this is an opportunity to send a letter to President Reagan supporting the feeling of freedom.... Mayor Ferre: I think that is a very valid thing but I think it is important enough to have a separate motion just for that. So now the motion at this point, eo you want to reiterate it in brief language again? Mr. Carollo: Mr. Clerk, do you have it written down yet, sir? Mr. Ongie: Yes, sir, it would be a motion that the City Commission would go on record in condemnation of the Miami Herald's acceptance of these kinds of advertisements which is inconsistent with their editorial policy.... Mr. Carollo: I disagree, it is consistent with their editorial policy since for the last few years or as long as I can remember especially as of late that the Miami Herald keeps condemning every single American ally and every single American ally that is anti -communist and all they do is praise and bow down to communists. Nicaragua, even though it is a community state and thousands of people are being murdered there and are thrown in jail, they are praising. Our allies in San Salvador are not being praised, on the con- trary, they would like to see a similar regime like Nicaragua and Cuba has in San Salvador so that really is not accurate, Mr. Clerk, Mayor Ferre: You're the maker of the motion, so you.... Mr. Carollo: The only area that we would like to amend is the part about being consistent with their editorials, Mr. Mayor, just a motion condemning and showing our appall to these distasteful and immoral type of advertisements. Mayor Ferre: And you want it sent by the Clerk to the President of the Knight Ridder Newspapers? Mr. Carollo: And the main editor, Mr. Mc Mullen. And if I may, before we 33 FEB 2 51982 take a vote read some %�ing else into the record. In Aday's Miami Herald, while they're still accepting these ads it states in their own paper that a Federal Grand Jury in Miami accused companies and individuals of conspir- ing and supplying merchandise to a Cuban operated agency without authoriza- tion. It says that this firm along with three others and eight persons were indicted yesterday on charges of trading with the enemy. Havanatur and its officers alledgedly shipped supplies bought in the United States, such things as photocopiers and spare airplane parts to its offices in Cuba aboard planes chartered from American Airways Charters. The indicted indi- viduals include 4 Havanatur officials who were based in Chile during the tenure of President Salvador Allende. And if I may read this for the record, Mr. Mayor, because seeing as the Miami Herald has always in the past defended Mr. Allende, and there is still the type of mentality that communism does not exist and that we don't have any communist agents in the United States, this it the Federal Government speaking printed in their own newspaper. The indicted individuals include 4 Havanatur officials who were based in Chile during the tenure of President Salvador Allende. They are Miria Contreras Ropert, nicknamed "La Payita", Allende's personal secretary, Carlos Alfonso Gonzalez, the self -described owner of Havanatur, identified by the State Department as a Cuban intelligence agent. This is the Federal Government speaking now. Charles Romeo, the compan's Chilean -born president and Jorge Debasa, a Cuban citizen who directed the transfer of Havanatur operations to Hialeah -based Travel Services after Havanatur was expelled. American Airway Charters took over from Havanaturs after these people were dissolved several years ago and two of their people that were indicted were Fernando Guentes-Coba and Roger Dooley of American Airways Charter. Mayor Ferre: Are you ready to vote? Mr. Carollo: Yes, Mr. Mayor. Mr. Plummer: Mr. Mayor under discussion, I think one of the things that was not touched upon that is very significant, and I was hoping Mr. Carollo would bring in, I think it is ads such as this that unfortunately publicized and made known to this community these kinds of operations that prompted two or three bombings last week in this community who were directly aimed at this kind of company who was trying to promote and I- think that it is unfortunate that these companies were not known about or did not exist this community would not be faced with that kind of terrorist activity. Mayor Ferre: I would just like to make another brief comment and then I hope we can vote on this thing. You know, this is part of the problem and part of the way our country works and thank God it works that way. The First Amend- ment is not applied, as I see it, equally between the radio and television stations and the newspapers and the reason is that there is a provision which the Supreme Court has upheld that since the radio and TV networks in effect have a license then the Federal Government can have a certain say as to how they use the common good which is the airwaves. The press because of the press -lords of America and the millions of dollars that the Hearsts and the others of this country have been able to wield with the best layers in the country over the past century have successfully maintained that they do not have a license of any sort and that they can print anything they want and, therefore, there is no handle that any governmental agency can have on what is the printed word. So whereas radio and television stations have to adhere to certain standards, the printed word does not. Now, I know there are a lot of First Amendment arguments on this and there is nothing we can do about it except just to pass a motion condemning it. There is nothing we can do. They are entitled to use their newspaper and make money off of the misery of others and all we can do is condemn it verbally. Mr. Carollo: If I may add one additional thing to the motion, Mr. Mayor, if Mr. Perez will second it that way, and that is that advertisements like this undermine our country, help undermine our country against the main instigator and supplier of terrorism in this hemisphere. Mayor Ferre: And then, they complain about terrorism. All right, let's cull the roll on the motion.. 34 FEB 25 1982 The preceding motion introduced by Commissioner Carollo and seconded by Commissioner Perez was passed and adopted by a unanimous vote. Said Motion was designated Motion 82-170. See later Confirming Resolution No. 82-191. 18. THANKING PRESIDENT REAGAN FOR HIS ANNOUNCED POLICY AGAINST COMMUNIST CUBA. Mayor Ferre: All right, Mr. Perez, if you will make your motion. Mr. Perez: Yes, I would like to have a motion in reference to the statement of President Reagan yesterday trying to send a message to the President supporting the feeling of thousands of Cubans in Miami. Mayor Ferre: I would recommend that you do it, the President has already made the statement, if you make your motion as a memorial to our congressional delegation that the City of Miami is in support of the President's statement. Mr. Carollo: Second the motion. Mr. Plummer: Mr. Mayor, under discussion, I am all in favor of the motion and I think what the Federal Government is doing is to be applauded as Commissioner Demetrio is proffering here this morning. I do have to take exception, as T picked up this morning and read the blaring headlines, I could only imagine that if I was a person in this community or in this state or in this United States and I saw that $1,000,000,000 of my money, and this is money that we're reading about in the newspapers that is being taken away from the people who are being fed and the people are receiving aide, I am speaking of the needy, not the greedy. And I just wonder how those people must feel that $1,000,000,000 of their money is going out of this country as well and as great as the cause is, it is still tax dollars that Washington is telling us are going to be taken away from the local communities and I can only wonder if that money taken away is the $1,000,000,000 that is being sent out of this United States. I think that what they are doing to maintain the integrity of these countries is tremendous but I still have to wonder if that is the money that was going to feed the hungry and to take care of the sick. Mr. Carollo: J. L., I can appreciate what you're saying but I would much rather spend $1,000,000,000 needy dollars that our people need in helping others become strong to fight the wrath of communism in their countries than to spend billions more having to try to stop them from coming up Biscayne Boulevard. Mr. Plummer: Joe, I understand, but I was brought up under a theory that says that charity starts at home and anything left over we'll talk about for others and that's the only thing I'm saying. what they're doing I have no problem with, I think it is great but I just wonder. Somebody has to sacri- fice that billion dollars and I'm just wondering if it is our people locally that are having to do that and I have to wonder. Mr. Dawkins: It's not our people locally, it is our nation. You have a President whose mouth runs constantly for big business and who is concerned for the type of individuals whom you are talking about, the elderly who need services, the poor who need services and all he knows is big business. If you make munitions then you are his friend, if you make tanks you are a friend of the President's and now out of his generosity I too would like to know where the money is coming from in that my President constantly tells me that he has to cut social services in the United States, he has to cut Social Security where people have worked all their life to defend and produce in this country and yet he is going to send a billion dollars to foreign aid and don't give a damned about domestic aid. Mayor Ferre: Well, I don't think that is quite the issue as I understood Demetrio Perez's statement. Mr. Plummer: I will vote for the motion. Mr. Pere:: I think th"t we have a misunderstanding, let me clarify something. 35 FEB 2 51982 43 0 Mayor Ferre: Explain, Mr. Perez: What I propose.... Mr. Carollo: Want to change parties? Mr. Perez: No. Yes, but what I proposed at the beginning was to send a letter to President Reagan supporting the feeling of thousands of Cubans in Miami condemning the government of Castro in Cuba. I am not making a motion support- ing the budget, I think that the Mayor made a compromise but my original motion was to send a letter to President Reagan in order to support the ideal of freedom of thousands of Cubans in Miami. Yesterday he made several statements, you know. Mayor Ferre: Well, I don't think you should limit it to Cubans, I think what you should say,' and please, this is your motion.... Mr. Perez: Yes, but my motion is specifically Cuban because he mentioned yesterday Cuba, Nicaragua and Granada and I would like to make a motion support- ing the idea of thousands of Cubans in Miami against communism. Mr. Carollo: I second the motion. Mayor Ferre: So in other words this is the motion that you're presenting to us. Okay, I understand. It has been moved and seconded, I don't think there is any question on that, that has nothing to do with the monetary thing. Mr. Plummer: No, it doesn't, Mr. Mayor, but, you know, I didn't hear the President speak yesterday but I heard a news broadcast the night before and what I heard I have to ask a serious question - what did he say? Because what I heard in the news.... Mayor Ferre: Well, Mr. Plummer, with all due respects, you're not talking to the motion that Commissioner Perez has made, I'll recognize you later on if you want to make another motion about the fact that the President didn't say anything or about your opposition but he has now narrowed it to a very simple statement. All he is saying is "Thank you, Mr. President, for recog- nizing the plight of millions of Cubans who have lost their freedom because of communism and we thank you for.... That's all the man is saying and he has limited it to that on behalf of the Cuban community, the Cuban -American community and I don't think it speaks to anything else. Call the roll. The following motion was introduced by Commissioner Perez who moved its adoption: MOTION NO. 82-171 A MOTION OF THE CITY OF MIAMI CITY COMMISSION THANKING PRESIDENT REAGAN ON BEHALF OF THE HUNDREDS OF THOUSANDS OF CUBANS LIVING IN THIS COMMUNITY,'FOR RECOGNIZING THE PLIGHT OF MILLIONS OF CUBANS WHO HAVE IAST THEIR FREEDOM BECAUSE OF COMMUNISM. 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. 19. MISCELLANEOUS DISCUSSION ITEMS: SOVIET BUILDUP IN CUBA REFUGEE PROBLEMS J.M.H. TREATMENT OF INDIGENTS Mayor Ferre: Now, Mr. Plummer, if you wish to expand on the issue of honey or the domestic versus.... Mr.'Plummer: No, Mr. Mayor..... Mr. Carollo: J. L., if you make a motion that we should send flowers to San Salvador instead of the arms while the guerillas are getting arms from Cuba and the Soviet Union I would not second that. We would save a lot of money but I would not second that. Mr. Plummer: Mr. Mayor, the only thing I was questioning was that we were told on national TV that, in fact, he was recognizinq, for example, the 200 war planes given to Cuba by Russia but then, in fact, he was doing nothing more in his speech but recognizing, was not taking any definitive action to say hey, get those damned things out of there. He didn't say anything like that. So what he did was recognize the problem but from what I understand did not offer any solution other than to say yes, we know it is there. Mayor Ferre: And much worse, what.... Mr. Plummer: And I would hope it would have been to say yes, we know what the problem is and I think he should have had a press conference to say here is what I think we should do and the solution to rectify the problem. Mayor Ferre: You see, it is actually a lot worse than that because what happened was that the President in effect by making the statement that he made abbrogated Kennedy's previously signed Kruschev agreement which speci- fically even though we have never had the priviledge of seeing it because it has never been publicly released, but the Kruschev-Kennedy Agreement specifically prohibited this type of offensive armament and as you have seen the armament is able to fly from east of Puerto Rico up into Alabama and Georgia as I understand it and so, in effect, by the President rattling his sabre and then doing nothing else he, in effect, abbrogates publicly the Kennedy-Kruschev Agreement, accepts the presence of offensive armament in Cuba and does nothing about it. Mr. Carollo: Give him a couple of months, Maurice, you'll see. Mayor Ferre: Well, you see, it is the same... At least before now it may have been pure hypocresy but the administration has never recognized the presence in Cuba of any aggressive forces. Now, you may recall that Stone, Senator Stone came out with a statement about the 3,000 soviet brigade and the administration never had public hearings on it in the Senate Foreign Relations Committee, it never came to a conclusion other than to say that those soldiers have been there before. So the previous administration never accepted the responsibility. Now, of course, this administration has done that and then does nothing about it. So I don't think that I agree with my colleague Plummer on this, we've taken one step forward and three steps back. Now with regards to the economic aide, we're not voting on this and obviously it's not within our purview but just let me, so that we don't get off on a tangent on this say that we are suffering right now the impact of refugees that we can ill afford to pay for. I'm not for or against the refugees, as a matter of fact, I happen to believe in a much more open policy for refugees. On the other hand, the federal government has shirked its responsibility and as a matter of fact, is affecting the well-being of this community. For example, we have a hospital here in Miami that is being affected and I think this is totally contrary to the well-being of our community when we have a governmental agency namely Dade County, refus- ing to pay for indigent services because of the impact of Haitian and Cuban refugees that we are not able to take care of. I think that this is a repre- hensible thing, I think it is a situation that we are living under. Now, the president I think has recognized that unless we in America do something about helping these countries to help themselve then we're going to have millions of refugees here and the federal government is going to be dumping on us, not picking up the tabs as they should. Now, we're not going to vote 37 DES 2 51982 0 V on this today, and I'm not going to recommend it today, but I am going to offer, Mr. City Attorney, if you would prepare for me, sir, for the next meeting in March a resolution, and I want to tell you what this is about. We have already voted on the other one haven't we? Mr. Ongie: Yes, sir. Mr. Carollo: With the exception, Mr. Mayor, that if we could send a telegram to the effect of the motion that we passed on the President's plan. Mayor Ferre: That's part of the motion. Now, back in 1949 the City of Miami turned over to the County Jackson Memorial Hospital and I would like to say, I would like to read to you paragraph II of when we turned over the hospital. It says, "The County agrees to accept a conveyance of said described property on January 1, 1949 subject to the indebtedness of foresaid and further agrees to protide, take care of and accept full responsibility for the care of the sick and the indigent and all charities," I stress all. "...and welfare cases of all of Dade County." Whereas, anywhere in Dade County, including all the municipalities within the County. Now, it further says in the deed conveying Jackson Memorial Hospital from the City of Miami to Dade County it contains the following clause: "In the event the County fails to operate a hospital on the premises or on other premises within Dade County offering comparable hospital facilities, the above described property and facilities shall revert to the City." Now, I am in no way intending, Mr. Manager, to get the County to revert Jackson Memorial Hospital back to the City, on the other hand, they do have fiduciary responsibilities which I am not sure are being adhered to. Therefore, before we get deeper into this, I would like for you to assign somebody in your administration staff to discuss this matter specifically with the County and unless we get this thing clarified it would be my intention to ask that a committee be appointed in March to report back after discussions with Dade County of whether or not they're discharging their obligations under the deed and under the provisions when we turned over this property to Dade. And furthermore, I think in the same way that we have asked Dade County to account for their library which we also turned over gratuitously to the County, we would like to ask Dade County in the same way that we have in the past asked them abou_ the library to come before this Commission and give us an accounting of what they have done since 1949 and I would like to know what percentage from the Dade County Trust or Jackson Memorial Hospital, of their total work is for indigent, how much is private because it was never the intention of the City of Miami when we turned over Jackson Memorial Hospital for it to become a competing private entity to compete with all the private hospitals of this community. Now, I think because of economic reasons they have had to do so and I think we've got to be understanding of that but what we cannot be tolerant in our understanding of is that they refuse to take in indigent American citizens, at the same time I understand that they have serious pressures because of the Cuban and Haitian community that is forcing them to absorb economic costs that they're not prepared to do. But I don't think it is fair for them to take it out on poor American citizens, black or white, Latin or Anglo, or whatever you want to call it, I think it is un- fair for the hospital system of Dade County to be refusing to take in American citizens and the poor and using technicalities such as a squabble that they may have with one or two or ten private hospitals refusing to ba9k them in their repayment of their expenses, follow me, from the federal government such as health care and Medicare and the other available sources, and at the same time refusing to take these patients from the private hospitals and I think that is a clear violation of their legal obligation that they have with this community and I think that I don't want to get into it today, as I said I'm not going to make a motion but I'm going to give this to the City Attorney and the City Manager and ask them to put it on for discussion in the March meeting. Mr. Dawkins: I agree with the Mayor wholeheartedly, I have concerns also that the Jackson Memorial Hospital is not serving the poor and I have difficulty understanding how as being a teaching institution with interns and etc. of the University of Miami that it cannot meet more of the needs of the community so I too will welcome a discussion on this issue at the next meeting. Mr. Plummer: Mr. Dawkins, and to the Mayor, unfortunately I am very much award of what. the Mayor is stating and let me emphasize a case that is close to the home of both the Mayor and myself. God rest her soul, Mrs. Helen Hickman, the now deceased wife of our Fire Chief, had to have an operation that could only be performed at Jackson Hospital and because of the tremendous overload that was at Jackson Hospital she had to wait some three weeks to get surgery only because there were no rooms available and that unavailability of rooms was predicated upon the fact of the tremendous overload of immigrants 38 FEs 2 51982 0 01 and aliens that the hospital was having to take care of. So it is not just the needs of the poor people of this community, it is the needs of the total community and I think that has to be addressed. 20. OFFER TO JOIN HANDS WITH GOVERNOR GRAHAM IN HIS SUIT AGAINST THE FEDERAL GOVERNMENT OVER THEIR HANDLING OF THE REFUGEE CRISIS. Mr. Plummer: Mr. Mayor, may I get back to the point of what we were talking very quickly? I think erroneously so, Mr. Knox, I have been informed that this City supposedly has not joined in with the Governor in his suit against the Federal Government. I thought that we had, in fact, joined. Mr. Mayor, I would like to make a motion that this City join hands with the Governor in his suit against the Federal Government for the purposes of making the Federal Goverhment reimburse this state and this community for the expenses out of pocket created by a federal problem. And I would make a motion at this time that this Commission join hands with the Governor in that suit. Mr. Dawkins: I second. Mayor Ferre: All right, now under discussion, J. L., I think that the record will show that we have already passed that. I think what you want to do is reiterate.... Mr. Plummer: Mr. Mayor, I think what is, in fact, is that we passed a resolu- tion agreeing with the suit. I am now saying that the Governor has expressed according to what I am told, that the City join hands with him. Mr. Knox: All right, we had been in conversation with the Governor's Office as a matter of fact, and it was on their suggestion at that time that we not join in the lawsuit.... Mr. Plummer: Well, let's make a motion then that if it is advantageous to the Governor's position and so appreciated we will join hands with him. Mr. Knox: Yes, sir. Mr. Plummer: We'll leave you that latitude, and I offer that in the form of a motion. The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 82-172 A MOTION INSTRUCTING THE CITY ATTORNEY TO COMMUNICATE WITH THE GOVERNOR'S OFFICE TO INQUITE IF IT WOULD BE ADVANTAGEOUS FOR THE GOVERNOR AND THE STATE OF FLORIDA THAT THE CITY OF MIAMI WOULD JOIN HANDS IN THE LAWSUIT ALREADY FILED BY THE STATE OF FLORIDA AGAINST THE FEDERAL GOVERNMENT IN CONNECTION WITH OUT-OF-POCKET EXPENSES INCURRED BY THE CITY AND STATE DUE TO PROBLEMS CREATED BY THE REFUGEES IN THIS AREA. 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. .FErb 25 198' 4 21. COMMISSIONER DEMETRIO PEREZ' REPORT ON CONDITIONS AT KROME AVENUE DETENTION CENTER; COMMISSION POSITION ON I.N.S. POLICY AND RELEASE OF HAITIANS. Mr. Perez: Mr. Mayor, let me share a copy of the report of the visit that we made last week to the Krome Avenue facility. I have several recommendations there and also I have two questions that I received on Saturday when I testi- fied here before the State Select Committee on Refugees. The Chairman of the Committee asked me two questions, one about the amount of money spent by the City og refugee related expenses, a projection of how much the City is expect- ing to spend in the near future and the second one, the reason why minimum housing standards are not being enforced by the City inspectors. Those are the two questions that I received last Saturday in the hearing that they had here in the City Commission Chambers. I would like that the City administra- tion try to give an answer to these two questions and also to share with all of your our recommendations, and I think, Mr. Mayor, that it is too important that as a City Commission we try to appeal to the whole community and espec- ially to the Dade County Bar Association, to the Latin Bar, Black attorneys, in order to try to get legal support for the people at Krome Avenue. We have about 631 persons there at Krome Avenue and I think it is very important that we try to appeal to the legal institution in this community to try to get support for these people. Mayor Ferre: I'll tell you, I've read your memorandum now and I'd like to respond to it in this way. In the first place, to Barry Kutun's question, Mr. City Attorney, the City of Miami has no responsibility for housing stand- ards, that's a function of Metropolitan Dade County, is that correct? Mr. Knox: Yes, sir. Mayor Ferre: So the City has nothing to do with that, Commissioner Perez, we would have to refer that to the County. With regards to Item (1), I think that that is something that we can come up with in the past, when you come up with a memorandum, Mr. Manager, would you also tell us how much has been reimbursed and how much has not? And I think you're going to have to estimate the indirect costs, I mean there is a tangible cost and there is an intangible cost. For example, police I think you have documented fairly well but have you documented the time of the administration? See, these are indirect costs that we have not really been reimbursed for. I would like to go a little bit stronger, we're playing a poker game here and I'm not upping the anty, but let me put it to you this way. I cannot remember a time in the history of America other than during war times when we have a sad history of incarcerat- ing people of another race, we did that with the Japanese - we didn't do it with the Germans but we did it with the Japanese and that tells you an awful lot about the way we look at things in this country. I cannot think of a time in the history of this country other than at war when people have been incarcerated without due process. In my opinion, and I have to say it because they happen to be poor and they happen to be black. We didn't do that with Soviet Jews. We didn't do it with the Hungarian Freedom Fighters, we haven't done it with the Cuban community. Why should people who come into this country be put into a barbed wire prison system where the barbed wires dre on the inside rather than on t'he outside? Now I ask you, I've been to Cape Canaveral, I've been to military installations and what you see is you see walls with barbed wire and the barbed wire goes to the outside. Have you in America ever seen any governmental entity where the barbed wires are pointed to the inside other than in a prison? So I don't care what you call it, if you want to call it a detention camp or otherwise, when you see barbed wire pointing in that is a prison, my friend. And I think it is totally against th(• grain of America to have people incarcerated that way. We don't do that with Mexicans. Mexicans are detained and they are sent right back to Mexico. Now, we don't have detention camps for any other people that I know of that are kept over a reasonable amount of time. We have detention camps in the southwest, those people are very quickly dispatched. Now, I think that it. is not in the best interest of our country and certainly not of our commun- ity to keep these people in a jail without due process. I would like to again, and I'd be happy to make it in the form of a resolution, I'll pass the gavel to my colleague, J. L. Plummer and I would like to move that this City vigorously go on record with the President of the United States and with the Attorney General, Mr. Smith, ,and with his associate, the Associate Attor- ney General, Mr. Juliarii, that we are totally against the detention and U FEB 25 1982 incarceration of innocent people who are entrants to immigration and that these people be released on their own recognizance in the same way that we do with thousands and millions of other people who come here and that they should not be treated any differently from any other people that come into this country and I so move. Mr. Dawkins: Second. Mr. Plummer: Motion made and seconded. Mr. Mayor, let me just for purposes of discussion, I understand what you're saying and I realize the impact. Mr. Mayor, if, in fact, what your motion states, what would you do with these people? Let's assume that there would be no more Krome Avenue. Mayor Ferre: In the same thing that we do with a lot of other Cuban entrants, for example, they are let out in the community under their own recognizance. In other words, if there is an entrant here of the thousands that have come into this country, they are let out into the community on their own recognizance. In other words that we trust them to come back before immigration authorities to be properly processed. mean we do that with everybody else. Why should we treat Haitians differently than we treat Cubans? Mr. Plummer: Mr. Mayor, excuse me, please, don't slight my remarks. Mayor Ferre: I'm not slighting your remarks, I'm just saying that that is the issue. Mr. Plummer: No, it's not the issue. You didn't specifically state the Haitians. All right? Mayor Ferre: Oh yes, I did. Mr. Plummer: Well Okay, then let me speak to it in the more broader sense of the term. Mayor Ferre: The motion is very specific, J. L., very very specific. Mr. Plummer: See, I have a concern, Mr. Mayor, and my concern is this: If we have an immigration policy then first and foremost we must adhere to that policy or change it. Now.... Mayor Ferre: But the point is that it must be adhered to equally. Mr. Plummer: Oh, if that's what you're speaking to then I have no problem, that it must be uniformly applied, enforce the law and whatever subsequent consequences arise that it will be treated uniformly, yes, sir, I'll vote for that motion. Mayor Ferre: I'll tell you what, just for the interest, just so that we hopefully would have unity here, my motion, I will change it and reiterate it. I move that this Commission go on record with the administration, mainly the President, Mr. Smith and Mr. Juliani in the Justice Department, that we would hope that the laws of the United States, whatever they may be on immi- gration policy, that people would be dealt with equally and that there would not be any distinction amongst the people because of their color or because of their economic condition and that based on that premise that as we have done in the past with other immigrants who have been released on their own recognizance, that we not detain in detention camps any people unless there is a criminal consideration or something that will be detrimental to society as a whole. obviously, if a person has an infection or a communicable disease that would be harmful to society, if a person is a known criminal that has, or there is a question of the safety of people then I think there is cause and reason to detain that person as those persons that are being detained, for exmple, in Atlanta to a certain degree. But unless there is something that is underlying and overriding, why should we treat one group of people different from other groups? And that's all the motion says. And based on that, I think that we should ask the government to release the people that are in the Krome Camp on their own recognizance as we have done with others. In other words, this assumes sponsorship, this assumes the involvement of agencies and so on. This is no different than what was requested by Monsig- nor Brian Walsh and the Catholic Archdiocese and other, I think, responsible groups in this community. Mr. Dawkins: I second the motion and I'm in complete accord with the motion. My uj,ly problem is that there is no doubt in my mind that if the Haitians had ►wen anything othol than black people such a problem would not exist. 11 FEB 2 5 1982 The other problem I have with it is being a black man in America I also realize that if those individuals are released on their own recognizance in this area it will only compound the problem. The Federal Government has to accept its fair share of the responsibility. When others come, other boat people came, Vietnam, they did not dump them all in Dade County. Mayor Ferre: I accept that as an amendment. Mr. Dawkins: Mr. Mayor, I'd like to amend your motion that the Federal Government, once they release these people also move them to other areas with the supportive services needed for them to survive in those areas. Mayor Ferre: Okay, I accept that as an amendment. Mr. Plummer: Any further discussion? Call the roll. The following motion was introduced by 1'ayor Ferre who moved its adoption: MOTION NO. 82-173 A MOTION THAT THE CITY OF MIAMI COMMISSION GO ON RECORE WITH THE PRESIDENT OF THE UNITED STATES, THE ATTORNEY GENERAL, THE ASSISTANT ATTORNEY GENERAL AND THE JUSTICE DEPARTMENT REGARD- ING THE PRESENT UNITED STATES IMMIGRATION POLICY AND REQUEST- ING THAT ALL REFUGEES BE DEALT WITH ON A FAIR AND EQUITABLE BASIS AND THAT THERE BE NO DISCRIMINATION DUE TO SEX, CREED OR COLOR, AND BASED ON THAT, THAT WE DO AS WE HAVE DONE IN THE PAST, AND DO NOT RETAIN PERSONS IN DETENTION CAMPS EXCEPT IN INSTANCES WHERE THERE WOULD BE OTHER REASONS (e.g., INDIVIDUALS WITH A CRIMINAL RECORD, OR WITH COMMUNICATIVE DISEASES) WHICH WOULD BE DETRIMENTAL TO SOCIETY AS A WHOLE; FURTHER REQUESTING THE FEDERAL GOVERNMENT THAT ONCE THESE PEOPLE HAVE BEEN RE- LEASED TO ARRANGE FOR SUPPORTIVE SERVICES AND THEIR RELOCATION TO OTHER PARTS OF THE COUNTRY. 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. Mayor Ferre: We've got to worry about the breast enlargement of the male. Mr. Perez: Yes, that's genetic.... Mr. Plummer: You won't be able to tell the...... Mr. Perez: I think, Mr. Mayor, something very important is the syphilitic test, you know, I think it will affect the image and the medical record and the opportunity of employment of these people. We had a discussion with the medical director of the center and he recognized that factor and I think that that is very important that we try to transfer to the Health.... Mayor Ferre: But I think the point that you make here is that many people are being labeled or have been labeled syphilitics erroneously with all the consequences of the lable that that carries and that is a very unfair thing. Mr. Perez: That's what we clarified with the medical doctor there and I think that that is very important. That's a way of discrimination for these people. Mayor Ferre: I realize that, but on the other hand, I think we also have to be very careful, and I want to make sure that the motion speaks very clearly to that, that we're not in any way recommending that people who have syphilis or any other diseases of this nature be released, I mean that's not what we're saying. We're saying those.... Mr. Perez: I don't plan to make a motion with that one, I think it is impor- taiit to make an investigation or to try to clarify, you know, in order to get more d„t�i.!, but I don't think that is part of the motion, that's part 42 1� U- 5_ _ _- of fay recommendation. That's what I want to call to the attention of all the members of the Commission. Mayor Ferre: All right. I further think that you should make a motion. Have we voted on this? You're making two specific recommendations, one is that more telephones be installed.:... Mr. Perez: I already tried to get that from Southern Bell but they say that is illegal. Mayor Ferre: Yes, but the Federal Government can certainly pay for it. In other words, I think it is patently wrong to take people that are totally without any money and install phones and then expect them to pay twenty-five cents when they don't have twenty-five cents. I think that is just a travesty, an injustice. Mr. Perez: And I think, Mr. Mayor, something very important i3 to try to accelerate the proceedings. I found people there with 8, 10 and 12 months there. They don't know the reason why. Mayor Ferre: Well, I think you have some specific recommendations and I think that we ought to adopt these formally at this point. Do you want to move them? I'll tell you what, I think the way to do it is to give everybody an opportun- ity to read your report because I don't think we should vote on this without having read it. So would you bring this up for a vote this afternoon? 22. PERSONAL APPEARANCE: TONY CANTILLO REGARDING AGENDA ITEM 5 Mayor Ferre: Is there anyone here who needs to speak before 2:00 O'Clock? Mr. Tony Cantillo: If I may prior to your lunch break, my name is Tony Cantillo, I live at 20 Sevilla and I am here to petition your willingness to bring Item 5 on your agenda up again. Mr. Ongie: Sir, we can't hear you, would you speak a little bit louder? Mayor Ferre: We haven't heard a word you said. All I heard was that you were Tony Cantillo. Mr. Cantillo: Twenty Sevilla is my address. Can you hear me now? Mayor Ferre: Yes. Is that Coral Gables? Mr. Cantillo: Yes, it is. If you would look again at Item 5 on the agenda which is the Mayfair Subdivision, I have brought back with me executed Warranty Deeds for the property which is to go back to the City right-of- way, I think that was your concern, Mr. Plummer. Mr. Plummer: It was one of the concerns, no, it wasn't mine. Mayor Ferre: Who do you represent, Mr. Cantillo? Mr. Cantillo: I am with Kenneth Treister, I'm his associate in the archi- tectural firm. Mayor Ferre: I see. Mr. Plummer: Well, has the Law Department had the opportunity to go over those covenants? Mr. Percy: (INAUDIBLE, NOT USING MICROPHONE) Mr. Plummer: Well, then.... Mr. Cantillo: I'm sorry, was there a problem with it, you said? May�,L Ferre: Bvident j y. Mr. {Mummer: Se•e you on March 25th. 13 F E B 2 5 1982 0-1 f 23. DTSCUSSION AND DEFERRAL TO MARCH 25 - RENAMING OF 20th STREET TO BOULEVARD OF THE kMR;ICAS . Mayor Ferre: Now, I tell you, we have Morey Pressman here and the people from Allapattah, and as you know, they have been after us now for months and months to have 20th Street renamed the Avenue of the Americas. Now we passed a resolution doing so and I don't know what..... Marie, are you listening? We have already passed a resolution renaming 20th Street as the Avenue of the Americas - Boulevard of the Americas. Now, you keep telling me that we have to pass this motion and I don't understand why since we've already done it. Well, Mr. Pressman, this City Commission has already made a motion that 20th Street by renamed "20th Street - Boulevard of the Americas". Do you recall that? Mr. Gary: Yes. Mayor Ferre: The problem is that it hasn't been done. Mr. Gary: Well, the problem is that I think we instructed it to go to the Plat and Street Committee. Mr. Plummer: And a public hearing as I recall. Mr. Gary: And a public hearing with the Planning Advisory Board and it is going through that process. Mayor Ferre: See, we have to follow an orderly process, there has to be a public hearing and it has to go to the Plat Committee and all of that. I assume that that will be done very soon now. When is it? INAUDIBLE RESPONSE FROM AUDIENCE Mayor Ferre: Oh, it was recommended denial at the Planning Advisory Board? Is it coming before the Commission? Mr. Perez-Lugones: It will be coming in front of this Commission. Mayor Ferre: When? Mr. Perez-Lugoiies: At the end of March. UNIDENTIFIED SPEAKER: Your honor, I was at the meeting of the Planning Board when they took a vote and denied it but it was denied on the basis that, and it appears in all the papers here that it was to be dual named Avenue of the Americas. Now we never asked for and it was never approved Avenue, Boulevard of the Americas. And based on the Avenue of the Americas it was ridiculous because the Avenues run south and north and this runs east and west. Mayor Ferre: All right, I'm pretty sure that there is more to it than that but this will all come, eventually this will all come before the City of Miami Commission fora public hearing on March 25th. Legally, we cannot do anything but follow the law. That's the law. Okay? We'll see you at that time. UNIDENTIFIED SPEAKER: I just wanted you to know that it was published as "Avenue of the Americas". Morey Pellsman. 14 FEB 2 51982 0 24. GRANT RIGHT AND PERMISSION FOR CONSTRUCTION OF BRIDGE -TYPE STRUCTURES ETC., FOR RAPID TRANSIT SYSTEM - STAGE I. Mr. Alan Wulkan: Mr. Mayor, my name is Alan Wulkan, I'm representing Warren Higgins from Dade County's Transportation Administration Office. Item 22 on your agenda which happens to also be one that I know Commissioner Plummer is concerned with is one that if at all possible, we also have a conflict this afternoon that we would have a very difficult time in coming back. Mr. Plummer: Mr. Mayor, I have no problem with 22, I have a letter here dated February 23rd from Warren Higgins that alleviates my fears and I offer it as part of the record and whenever it is appropriate I will move Item 22. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-174 A RESOLUTION GRANTING A RIGHT AND A PERMIT AND GIVING AUTHOR- ITY TO METROPOLITAN DADE COUNTY TO CONSTRUCT AND MAINTAIN BRIDGE -TYPE STRUCTURES AND FOUNDATIONS TO SUPPORT AERIAL GUIDEWAYS FOR THE RAPID TRANSIT SYSTEM - STAGE I OVER AND ABOVE THE PUBLIC STREETS OF THE CITY OF MIAMI AT THREE (3) LOCATIONS AS CONTAINED HEREIN AND MADE A PART THEREOF, SUB- JECT TO THE REQUIREMENTS OF THE DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Perez the resolution was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins. THEREUPON, THE CITY COMMISSION RECESSED FOR LUNCH AT 12:06 P.M. AND RECONVENED AT 3:10 P.M. 25. BLUE RIBBON COMMITTEE TO INVESTIGATE WHETHER JACKSON MEMORIAL HOSPITAL IS DISCHARGING ITS COMMITMENT TO TREATING INDIGENTS UNDER THE AGREEMENT TRANSFERRING THE FACILITY TO THE COUNTY FROM PRIOR CITY OWNERSHIP. Mayor Ferre: Mr. Knox, did you have the opportunity to review the paper that I gave you on the resolution on the hospital? Mr. Knox: Yes, sir. Mayor Ferre: Did you see anything in any way wrong substantively with that, or legally? Mr. Clark? INAUDIBLE CONVERSATION Mayor Ferre: That's all right, it's good enough. All right, I would like to at this time like to move the following resolution: (THEREUPON THE MAYOR READ THE TEXT OF THE PROPOSED RESOLUTION INTO THE RECORD) 15 FEB 2 5 1982 The following resolution was introduced by Mayor Ferre, who moved its adoption: RESOLUTION NO. 82--175 A RESOLUTION ESTABLISHING A BLUE RIBBON COMMITTEE CONSISTING OF SEVEN (7) CITIZENS OF THE CITY OF MIAMI TO BE APPOINTED BY THE MAYOR AND THE CITY COMMISSION TO INVESTIGATE AND REPORT ON WHETHER METROPOLITAN-DADE COUNTY IS DISCHARGING ITS OBLIGA- TIONS UNDER THE AGREEMENT WHICH RESULTED IN THE CITY OF MIAMI'S CONVEYANCE OF JACKSON MEMORIAL HOSPITAL TO DADE COUNTY AND THE CITY ATTORNEY SHALL BE AN EX-OFFICIO MEMBER OF SAID COMMITTEE; FURTHER PROVIDING THAT SAID COMMITTEE SHALL REQUEST AN ACCOUNT- ING OF DADE COUNTY AND THE PUBLIC HEALTH TRUST AS TO THE a EXTENT OF COMPLIANCE WITH THE COVENANT IN SAID AGREEMENT TO PROVIDE MEDICAL CARE FOR THE INDIGENTS OF DADE COUNTY; FURTHER PROVIDING THAT SAID COMMITTEE SHALL ASCERTAIN THE PERCENTAGE OF PRIVATE AND PUBLIC PATIENTS TREATED BY JACKSON MEMORIAL HOSPITAL FOR THE PERIOD BEGINNING JANUARY 1, 1949 TO DATE; AND FURTHER PROVIDING THAT SAID COMMITTEE SHALL COMPLETE ITS INVESTIGATION AND RENDER ITS REPORT TO THE CITY COMMISSION WITHIN NINETY (90) DAYS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. Mayor Ferre: I would like for each one of you to submit one or two names, as you wish, so that these people will be appointed automatically to this Committee. Mr. Plummer: That's 10 members? Mayor Ferre: 7 members, you can .appoint 1 or 2, I don't really care. Each one of us would have 1 appointment but if there is any one person that wants to appoint 2 I have no objections to you doing that. Mr. Carollo: Okay, I'll appoint 2, Mr. Mayor. Mayor Ferre: Okay, fine. Just let me know when you have your names and I will submit them to the Clerk, the Clerk will then circulate to each member the appointments. Okay? And we will take it from there. 26. ESTABLISH CITY COMMISSION OPERATING PROCEDURES. Mayor Ferre: We're now on Item #12. Could we kind of take that up and go through it quickly, and could you tell me what the will of the majority is, and let's see if we can do it through consensus here? Item #1 is that the City Commission discussions be limited to 5 minutes per commissioner, in other words that means we're going to have the Clerk putting the clock on us all the time and that includes me. Mr. Ongie: There goes the Clerk. Mayor Ferre: No, you have to let us know when 5 minutes are up, and that it not be murk: than 10 minutes cumulative. Mr. Carollo: Nut morn- than 10 minutes, in other words we could speak for 5 tht. n (Jo f-r allot her S . 16 FEB 25 1962 Mayor Ferre: well, what it means is you speak 5 and then when it gets into discussion we keep a cumulative total and that nobody speaks more than 10 minutes on any one subject unless we get three -fifths vote to waive the rules because it is a hot issue. I would hope that there wouldn't be that many hot issues. Mr. Carollo: I'll tell you, I've been thinking about it especially after we had to discuss the Miami Herald this morning. Mayor Ferre: I noticed that it took you more than 5 minutes to get through that. Mr. Carollo: Why don't we agree on a nice even number and go for 7 minutes? Mayor Ferre: Okay, 7 minutes. And then make it a cumulative of 14 minutes. Mr. Carollo: :All right. Mayor Ferre: Do you have any different ideas, Plummer? Mr. Plummer: No, fine. Mayor Ferre: Is that acceptable to everyone then? Mr. Dawkins: If we adhere to it. Mayor Ferre: Try to. Item 2 is schedule one hour for Commission pocket items. Now, Commissioner Dawkins said that he was willing to do that provided it be from 8 to 9. I would recommend that we not do it from 8 to 9, Miller, and I'll tell you why. Down here, 9 is schedule one hour for departmental review 8 to 9, I would rather do that. Mr. Dawkins: The only problem I have with it is just like I said before, we have citizens who come in here and they have lawyers and other consultants that they are paying by the hour and when we come up with our pocket items then these lawyers are being paid.... Mayor Ferre: You're right, I stand corrected, I think you've got a very valid point. I think what we ought to do is that..... Mr. Carollo: I disagree with that, I think most of the attorneys that come here are not paid by the hour, I think they are paid by the.... Mayor Ferre: Well, whether they are paid by the hour or whether they're paid by the day or by the case, the fact is that it really is not fair. I think it is a valid point that Commissioner Dawkins has that we shouldn't keep people sitting here waiting while we take up our pocket items. And the way to avoid that is to do it at the beginning of the session or at the end of the session. It was my thought that it would be best at the end of the session but that sometimes gets kind of touchy because sometimes we ramble one forever and the end of the session never comes. So I would say, Joe, with all due respects, you're always in a hurry to get off to some meet- ing or something whenever the morning comes up, you have a luncheon or some- thing like that and you want to get your things in, it seems to me that the best way to accomodate all of us is to do it maybe in the first hour of the meeting. Mr. Carollo: That would be acceptable. Mayor Ferre: And then we know that we have it regularly scheduled that way. You know, that we go from 9 to 10 every meeting would be either pocket items or department presentations. Now, Mr. Manager, the idea of department presen- tations is, I don't think most of us, myself included, really know a lot of the things that are happening within the departments. Now Plummer may know about what is going on in the Police Department and Carollo may know about what is going on in the Police Department and maybe Plummer knows what is going on in the Fire Department but I guarantee you that there are a lot of departments that most of us really don't have the foggiest idea of how it is being run or how it is happening or who is there or what have you. And what happens is that it all accumulates at budget time and at budget time everybody is under pressure to get the budget and we're not paying that much attention. Therefore.... Mr. Plummer: So you're speaking to Item 9? 17 FEB 2 51982 V Mayor Ferre: I'm combining and 9 and 2. I'm saying that the first hour should be a half hour departmental presentation and whatever pocket items so that you can get Patterson and give us an explanation as to what is going on in the department and you can get Carlos Garcia and he can explain what is going on in his department. We have what, 17 departments in the City of Miami? Mr. Gary: Yes. Mayor Ferre: Seventeen functioning departments. Mr. Gary: Mr. Mayor, I agree with what you have proposed, I would like to request, though, that we be permitted to know what the subject matter is so that we can come prepared to give the City Commission.... Mayor Ferre: Mr. Manager, I would go this far, I would say that unless a member of the Commission has a particular choice, we'll leave that up to you, you've got 17 departments, it would take 17 months to go over the City of Miami. If you do one a month and you set a half hour aside and we'll take up whatever pocket items there are in the first half hour and if each member of the Commission is given 5 minutes for whatever pocket items he has that's half an hour. I assume we won't all have pocket items every week now but whatever pocket items we have, I would hope that we would do them in the early part of the day and get them over with. Mr. Gary: So you want me to schedule one department per month. Mayor Ferre: Yes, sir, I mean if that is the consensus of the Commission. Mr. Carollo: Yes, that's fine. On Item 5.... Mayor Ferre: Let's not jump, let's go to 3 next. No new material presented to the Commission within 24 hours of a Commission Meeting. Now, Dawkins says adhere to 5-day rule. I think that is within the Charter and that's part of the rules now, I mean not the Charter but it is part of the working rules of the Commission but the 24 hour item is really more to the administration. You know a lot of times what happens is that we're given an agenda and in Item B there is nothing there. $o we don't read it. Then all of a sudden, you know, the morning of the meeting somebody drops a packet of 30 pages on our desk and that's the fill-in on Item B. Technically they may have complied with the 5-day rule but practically they haven't because there is no way to read all of that stuff. So I think what I'm saying is that the rule will be that the Manager and the City Attorney will not give us any information 24 hours before, and if he must, if he can't get it in 24 hours he'll have to put it off until the next meeting. Mr. Dawkins: May I ask the Manager, realistically what cut off time do you need for the Commissioners, the citizenry, etc. to have materials in your hands to allow you to have it completed and in our hands by the 5-day rule? Mr. Gary: That's a good question, Commissioner, and I'll have to get back to you particularly in view of the fact that there is a State law that now requires us to advertise in newspapers 7 days before the meeting date. So we're in the process now of rescheduling that time to go back to determine when we should have information in order to comply with the 7-day as well as the 5-day rule. So I will get that to the City Commission when we com- pile it. Mayor Ferre: You see, the fact of the matter is that we're bringing up too much material on a crisis kind of a basis and and it is a tradition that you inherited, Howard, you didn't $tart this, but in the City of Miami I would say since Mel Reese's days, after Mel Reese because Mel Reese was not a crisis guy, Mel Reese would never keep the Commission informed and that was a dif- ferent approach. But since Mel Reese's days we have really gone more and more to crisis management all the time so that we always get things at the last moment. And I'll tell you, the other alternative, if you really want to take the bull by the horns to avoid some of this so-called circus appear- ance that a lot of people think occurs here, the way to do that, but it re- quires a lot more effort and time on the City Commission's part, is to break down the meetings between the public part and the non-public part which is just Commission deliberations. Now, that's what Joe Grassie tried to do in the Committee of the Whole process but it never worked. In the first place we can't fit into that little room in the second place because of the camerae and the press and what have you don't fit in there and consequently we never really got to work that way. The second problem is that we're part time 48 FEB 2 5 1982 employees, you know, this is not a full time job and to do it right really requires additional time. Yes, I know in Baltimore, our new finance manager was telling me that in Baltimore they do it differently but in Baltimore they've got full time people and this is a part time job and there is no way I think that we can devote more time to the City job. So, I think if we get better structured and tighten up a little bit and get better organized we might be able to get out of here a little bit easier and not have to run till midnight all the time. Mr. Dawkins: In getting back to what I said, and I want to be sure that we all hear what we're saying, it is impossible for us to demand that the City Manager get material to us in 5 days when we do not give him the lead time that is required by him to get it to us. See, so now you come back to me or to the Commission and tell us what the lead time is and then we can struc- ture something like the Mayor says and this in turn would do what the Mayor is saying, cut down on all the agenda items because there is a cut-off date when nothing else can be added because this is - and whatever you get after date would be added to the next agenda. Is that right, Mr. Mayor? Mayor Ferre: That's fine, I accept that. In other words, I don't think that there would be any, there is no logic if we're having a meeting on the 25th, for a member'of the Commission to demand information on the 20th or the 22nd if it can't be done on the 25th, so it would just have to put off until an- other Commission Meeting. So in other words what is sauce for the goose is sauce for the gander. That means we can't do it to you but you can't do it to us. Is that acceptable them, any objections? Meeting being on time, I think we're doing that fairly well but I would say that if there is only 3 of us present and there is a quorum we should begin deliberations. You know, before in the good old days we used to have the courtesy to wait for other members of the Commission, I don't think we ought to do that. I think the moment you have a quorum we ought to get right into it. I would hope that whoever is chairing the meeting, if it isn't me, and if it is me I have al- ways tried to continue to lay-off things that are controversial until the whole Commission is here. If it can't be done then it can't be done but you know, we'll give you as much time as possible. But if the meeting says it begins at 2 or 9 in the morning we ought to begin at 9 in the morning. Any objections to that? One hour lunch recess from 12 to 1. Mr. Plummer: I would like to expand on that, Mr. Mayor. Mayor Ferre: Two hours? Mr. Plummer: No, one hour is sufficient, but I think that I would like to see implied here the policy followed by the Metro Commission, and that is absolute, the speaker at noon, once he is finished is the last speaker. Mayor Ferre: Okay. Mr. Plummer: Because if not, you can drag out and drag out and drag out. Mayor Ferre: That is acceptable to me, does anybody want to change that? Mr. Plummer: The speaker at noon, once he completes his presentation that is the start of the lunch break. Mayor Ferre: You're not talking about the item, you're talking about the speaker. Mr. Plummer: Oh no, the speaker. Mayor Ferre: In other words the point is that when 12 noon strikes, whoever is speaking at that time can continue to speak whether he speaks for a minute or five minutes or whatever but once that persons concludes whatever state- ment lie is making the meeting breaks. Mr. Plummer: Now contrary to the 9 O'Clock at night, the County uses a policy there that whatever item, they finish that item at 9 O'Clock and that is the end of the.... The item rather than the speaker. Mayor Ferre: Well, I accept that. Mr. Carollo: The only thing I would like to add on 5, Maurice, you know a lot of times some of us have some errands or business to attend to that we would like to do in that time span, I don't think there is any one of us 49 FEB 2 51962 here at one time or a„other hasn't tried to take care of personal or City business during that time. I would just like to expand on that a little more if possible. Mayor Ferre: Okay, what do you want, noon to what, 2:007 Mr. Carollo: Well, that's what we have always been doing. Mayor Ferre: Is that acceptable to everybody? Mr. Plummer: It's acceptable to me. Mayor Ferre: All right, then it is going to be noon till 2:00. Now, on the meeting, I also accept Plummer's recommendation that it be whatever item we are on at 9:00, we will conclude that item and then we break, automatically. (7) Individuals desiring to address the Commission do so at the end of the scheduled agenda. Mr. Plummer: If they're not on the agenda. Mayor Ferre: Yes. Now, the only way we'll break that is if we get three - fifths. Mr. Plummer: I'd like to see, Mr. Mayor, that all of this be on a four -fifths to change. Mayor Ferre: The problem with that, J. L., is that you get into this ques- tion, you know, I mean why not make it unanimous then? Mr. Plummer: I don't have any problem with that. If you're going to put teeth into this and you mean what you say then, you know, let's make it so that it is going to be that way. Mayor Ferre: See, the problem is that you cannot legally do that. Let me tell you why. I mean if I wanted to play games with you or you wanted to play games with me, let me tell you why you can't do it. The Charter and the Constitution of the State of Florida say that whatever the majority of this Commission rules is what goes. Okay? Now, suppose we accepted that and at some time along came somebody that I wanted to speak or Miller wants to speak and he gets three -fifths, he gets two other of you, you could sus- pen4_ the rules. Mr. Plummer: Mr. Mayor, you can do that at all times, I will recall to your memory, .sir, that even in the Charter provision as you have outlined, in emergency situations it does take a four -fifths vote, not a three -fifths, so it is not always prevailing that a simple majority is necessary. i Mayor Ferre: Yes, but that is in the Charter and the four -fifths is an i emergency, that is part of the Charter. This is not part of the Charter i so whatever rules we adopt here are not Charter rules, they are rules of operation that can be suspended with a three -fifths vote. The question is, I think you have to have a certain amount of flexibility. Now, I don't care if you want to do it that way.... Mr. Plummer: Maurice, I think if we're really going to try to do it.... Mayor Ferre: Miller, what do you want? Mr. Carollo: I'm going with the three -fifths. Mr. Plummer: Demetrio wants four -fifths, that's what he says here. Mr. Carollo: No, he's talking about something else here. He's talking about extending the meeting beyond 9 P.M. Mr. Plummer: Well, the Mayor is saying the four -fifths is not according to.... You're asking for four -fifths on one item here.... Okay, look, I have no problem and you don't have to play games. If someone comes up here and they're not on the agenda all any one Commissioner has got to do is invukc the rule and that is it. Mayur Ft•rre: of course. You know that most people including yourself and me ait reluctant when somebody comes up to invoke the rule and do that. I mean tow many times have you done that? Mr. PI'Lumer: That's why I think thi A ould avoid the problem. Me? Half FEB 25 1982 a dozen times in 11 years. Mayor Ferre: That's not very many times. Mr. Plummer: No, but I'm saying that if we are setting these policies for people to understand what policy we're operating under.... Mayor Ferre: But see, what we're doing is the opposite. If an individual like, for example, Leslie Pantin came up today.... Mr. Plummer: He would have had to wait until the end of the agenda. Mayor Ferre: Now he wanted to speak, all right? Mr. Plummer: Right. Mayor Ferre: And I recognized him out of turn because he had to go to some meeting. Now, under these rules, for me to recognize him three of us would have to agree to it. Mr. Plummer: That's right. Mayor Ferre: So I would tell him, look, I can't recognize you unless, you know three -fifths.... Mr. Plummer: Maurice, I think what we're trying to avoid is to the avoiding of people who are sitting here on a regular scheduled agenda who have every right in the world to believe their item is going to be taken up in sequence and for someone to come in here and set them back an hour is wrong. That item that Mr. Pantin, as you know, I didn't say anything about it, I voted for it but that by no stretch of the imagination was an emergency situation. Mayor Ferre: It wasn't, but it was an emergency because he needed to get out of here but it wasn't an emergency for the City. Mr. Plummer: Well, you know, it was his emergency. Mayor Ferre: But see, the problem with that is that then we're going to have the Mayor's office approve the agenda. Mr. Plummer: The Charter says you've got to do it anyhow. Mayor Ferre: No, it doesn't. Let me tell you why, and Jack, I'm not in and way, you and Walter I know work hard on the agenda and the people upstairs and it has gotten a hell of a lot better than it used to be, there's no ques- tion about it but we still have this problem, Howard. There are items that come up where you'll have 50 people sitting out there waiting for it and then we've got 20 items when there is nobody waiting out there and, you know, the 20 unimportant items are up first and the ones that you have 50 people waiting on is #37. Now, the only way I can take care of those 50 people is by jumping from Item 04 to #37 to get rid of all of these people that are waiting and then come back to the regular agenda. Now, I've got to have that flexibility or we get caught in the situation where you're really going to make people wait a long time. Mr. Gary: Well, I think that's always going to be a problem because it is difficult for us to determine what time we're going to deal with any given item. Mr. Plummer: And how many people are going to show up. Mayor Ferre: Yes, but the point is that some of these things are obvious, that we are cutting out the money for the Coconut Grove Clinic or something like that, you know damned well you're going to have 50 of those people from Coconut Grove here, or where you're going to cut out the money for the industry of the blind, you know that all those blind people are going to come down here. There is no use putting that as Item 38. The other day we made those blind people sit here for 4 hours waiting for us. And I just couldn't go any faster because we had other issues, Marty Fine was sitting here. What was the issue, he finally got upset after waiting for 3 hours. He said, will you give me a time certain? I said, come back at 4 O'Clock this afternoon. He came back at 4, we didn't take it up until 5. Mr. Carollo: Maurice, I wouldn't have any problem if the City Manager's 31 FES 2 51982 _ LUt Lr►e agenaa nut the mays office Would set it, _ I'd be in-agreeW with that. Mr. Plummer: well, I think on the other hand if people know that they are not going to be yanked around on time I think that you will go a long way by taking a stand and adhering to it and then people will be able to some- what judge which they can't do today. Mayor Ferre: What is the stand? Mr. Plummer: The stand is that we're going to set policy and we're going to follow it. Mayor Ferre: What is the stand, Plummer, what are you saying? Mr. Plummer: The stand is that if it is projected by your office and the Manager's Office that it is going to be a matter of controversy and a num- ber of people, put those items up front, put them right up front. Mayor Ferre: I'll tell you how I want to handle this, Howard. From now on, whoever is setting the agenda after you have approved it, before you finalize it on a sequence you bring it to me. Mr. Plummer: I have no problem with that. Mr. Gary: Mr. Mayor, I just want to bring one thing to your attention. According to the Charter old business has to be taken, be done before new business, ordinances before resolutions.... Mayor Ferre: That's right, we have to follow that. Mr. Gary: So we have to follow that procedure and that's why you can't say, schedule people according to..... Mr. Plummer: We know now that we'll be back from lunch at 2 O'Clock, start it at 2 O'Clock. Mayor Ferre: That's not what he is talking about. Mr. Gary: That's not what I'm talking about. Mr. Plummer: I understand what he's talking about. So you have your old business up front. Mayor Ferre: See, what he is talking about is that under the Charter, procedurally we must take up ordinances before resolutions. Mr. Plummer: All right. Mayor Ferre: Now suppose that we have an ordinance and a resolution that are tied together. They're scheduled differently. Now, the people that are here are sometimes here for both. That creates a problem because in effect what I do at every meeting really is violate the Charter because as you know, what I do is I take the ordinance up, we deliberate and pass that and then we take the resolution up. That is supposedly a violation of the Charter but you tell me how else to handle it. How else do you do it? What? (INAUDIBLE RESPONSE) But then you've got 50 people like a lot of people come here, and let them wait until the resolution comes up later on in the afternoon. INAUDIBLE COMMENT Mr. Dawkins: Wasn't the discussion as to whether we would take a three - fifths vote or a four -fifths vote to do something? Isn't that where we started? Mayor Ferre: The question was with regards to the recognition of individuals who were not on the agenda.... Mr. 1'lunum-r : Non-scheduled items. Mr. iuw}:inr : That's what I thought. Mayer Ferrv: I don't care, I really don't care how you do this. Now what is tht., will of the majority? Do you want to do it three -fifths? Mr. Carollo: I'm for three -fifths. 32 FES2 Mr. Plummer: I'll say the four -fifths. Mayor Ferre: Well, I really think that a simple majority does the trick. Individuals desiring to address the Commission ... Oh, (8) Require responses from the administration within 30 days. Now, these are things in which... Mr. Plummer: Well, that's not really a meeting procedure. Mayor Ferre: Yes, it is because it really comes up at a meeting. Mr. Plummer: Oh, the request here. Mayor Ferre: Somebody says, Mr. Manager, I want you to have------ You know, 30 days, that's it. I don't think that we should demand, in other words now the Manager may be able to get it to you before that but I think as a regular course of operation I don't think that we should, unless we get a 3/5 waiver again require anything from the Manager in anything less than 30 days.' Mr. Plummer: The only problem I envisionthere, pretty much our meetings are 30 days apart, that means that he has to have the stuff in our hands five days prior, that cuts him down to 25. Mayor Ferre: Let's say 25, I would accept that. Mr. Plummer: Okay. Mayor Ferre: Twenty-five days. Now, back in the days when Paul Andrews was the Manager -J. L., you and I are the only two that remember - we used to have town hall meetings, some of them were real duds, we never got anybody there, and some of them were jam packed. Now, I can't tell you off hand which is going to be which but for sure, I think we would have a lot more rapport with the communities if we went out to Overtown...... I'm sure Reverend Johnson will let us use that hall there or if we went to Coconut Grove, well, we are in Coconut Grove, but if we went into black Grove and used Gibson's church or if we went into Flagami or Little Havana There, now it doesn't have to be at every meeting and I think it doesn't have to be an all day session but, for example, if we are going to be doing this that we would have some of the afternoon meetings at these different places. Now Miller, I read your statement here. I have to disagree with you for this reason. I think it should be mainly issues that are involved with the neighborhood. But if you limit it just to issues in the neighborhood you'll never get a town hall meeting out there. So we may have to also take regular business up to kind of fill in, it's like a sandwhich, you know, besides the ham you've got to put a slice of tomato and some cheese and lettuce and two pieces of bread because otherwise you just won't have enough. And if we're going to go out to Flagami those people basically want to talk about one thing, when are you going to get the drainage project going here to get the water, that's all they're really interested in at this time. Now, we've got to deal with other issues too and I think it is not a bad educational process for those neighbors who may come out to these town hall meetings to also understand that there are a lot of issues that are important so it is an educational process. Now, the only guy I feel badly for is for the Clerk because it is a real super pain for them to move all of this equipment and it is expensive too because it takes time and effort and the equipment is not as good, I realize that. Mr. Ongie: The other thing is that we establish dates far enough in advance so that I can advertise the fact that that portion of the meeting will be held at wherever you decide to have it then I can have Communications set up the best duplication of this that we can. Mayor Ferre: Yes, and for example, Howard, I don't think that it would be such a tragedy if when we get to the budget hearings that we don't have some of our preliminary budget hearings out at Flagami or at the Trail or Little Havana or Overtown, it is just as easy to meet there as it is to meet at the Police Department. I mean why should we meet at the Police Department? Just because for the last couple of years we've been doing it. Mr. Gary: For protection. Mr. Plummer: From what? Kayor Terre: Well, unless I hear otherwise then we will adopt the rule t h,i t :, t art.i nq .i i, t 1w mi,i or late of ternoc,-,?_h3that particular meeting, we FEB 2 5 1982 UUdy reco:vene, instead of at 2:00 we may reconvene a � 00 or 4:00 and have the rest of the4WEsion out in the neighborhood.low, i don't think we should establish a fast rule that it shoud be every month, but let's say as often as possible and as often as we can practically move it around. Janet, do you want to add something to these deliberations? Ms. Janet Cooper: if you are going to have pocket items and department reports from 9:00 to 10:00... Mr. Plummer: 8:00 to 9:00. Mr. Gary: No, 9:00 to 10:00. Mayor Ferre: 9:00 to 10:00, I don't think we can start at 8, that's... Ms Cooper: Then you are going to have the agenda from 10:00 to 12:00, break for lunch, maybe come back from 2:00 to something and then move someplace else at 3:00, you are going to be... or even if you just reconvened, if you take a three hour lunch break you are not leaving yourself much time to deal with what's often lengthy agendas, number one. Mr. Plummer: Ten hours. Ms. Cooper: Well, you have only got two hours in the morning and you are going to take a three hour lunch break. Mr. Plummer: Well, ok... 2. Ms. Cooper: If you are going to hold it somewhere else you are not going to convene until 3:00. So, you have got a three hour lunch break and the people who come to these meetings are going to be driving all over... first they are going to drive down here and then they are going to drive over there, someplace else where they may not be familiar where it is. Mayor Ferre: The only three people that I know that seems to be regular attendants these days are you, Dr. Theede and Ernie Fannotto and Ernie Fannotto is obviously sick today. Ms. Cooper: Many meetings Mr. Mayor, there are a lot people who may not be regular attendants, but who are there for a particular item and if they don't know if their item that was #12 on the agenda for 10:00 is going to come up... I just don't see any problem with holding specific items for the neighborhood or holding an entire meeting at one place, but I see a problem with moving a meeting half of the time someplace else and I think it's a tremendous burden staff. Mayor Ferre: You went through this with us once before, is it easier to have an all day session in one place? j Mr. Ongie: Very definitely. i Mayor Ferre: It's easier to do it that way rather than for us to meet here for half a day and then in the afternoon somewhere else? Mr. Ongie: It's much easier if we have it all day someplace. Mayor Ferre: Ok, fine. Then in order words, what we will do so that we don't end up having going berserk on this, let's say that out of the twelve meetings, regular meetings or eleven meetings that we have, that we will have two or three of them will be all day townhall meetings somewhere else. Ms. Cooper: Also,... I know that you already discussed it and I didn't want to jump up and down all time, but a two hour lunch meeting is very time consuming... a two hour lunch break is very time consuming for the public who has got to set around. Most of us can manage to get lunch in an hour and get back to our business early, but this is... Mayor Ferre: Well, Janet, I don't personally have a problem with that, but there are people here who do have jobs, you know, this is a part-time... Ms. Cooper: I'm one of them and that's just the problem, Mr. Mayor, when I have to set here and wait. I can't go back to the office for half an hour during the lunch break. Mayor Ferre: Well, ok, unless somebody changes the rule. Now, we have already taken a position on that and we will continue to do what the City has been doing 34 FEB 2 51982 for the last thirty years that I know of and that is taking a two hour lunch break, which is what we have always taken. Ms. Cooper: It was your suggestion for the one hour and I was merely supporting that. Mayor Ferre: Yes, and it wasn't accepted and I accept the majority's rule on that. Dr. Theede: Mayor Ferre, I want to commend you on the idea of a town meeting. However, I believe that the public would be better served if perhaps you would choose one Saturday a month or one Sunday afternoon or one period of time in which the average working public can come and participate. I think much of the apathy that we see in the City is frustration because they can't express an opinion and if this were given to them at a time when they have had a chance to get their house work, because let's face it, the vast majority of the women in Miami work and still have to come home and take care of the house and they want to participate in their government, but there is a limit to their energies and their times. So, if we had a townhall starting, say at 2:30 or 3:30 Saturday afternoon going into 8:00 or 9:00 Saturday night this still gives you time for entertainment and gives these people time to participate. And I think, you know, you are not moving it about, may be even have it here. Mayor Ferre: Alright, well, thank you, Dr. Theede, let me just again reiterate to you that the City of Miami Commission job is a part-time job that pays five thousand dollars a year and I think for five thousand dollars the people of Miami get a hell of a bargain. If you look at the amount of time and effort the members of this Commission have to deal with. So, I think the fact that there are citizens here that are willing to spend two full days out of the twenty working days of the month devoted to this and spend ten and twelve hours in those meetings, plus the untold hours in other meetings and reading before and what have that they has to be some consideration for the Commission too. Dr. Theede: Well, look, I understand that these meetings are just like my office hours, they are simply a tip of the iceberg. Mayor Ferre: You get paid for your office hours and these people here don't get paid very much for our office hours. Dr. Theede: I know, but what I'm saying is for every office hour I have three hours of work under the surface just like you do, but by the same token this is representation of the people and the people are not having an opportunity to be heard. You know, this is my input. Mayor Ferre: Well, they are just going to have to accommodate themselves to the schedule that we have and I realize... that's... we usually meet here all day and into the night. So, we can certainly accommodate most people most of the time. Ok, now, the last thing that I have here was to conduct mid -year budget views. I think the thought here was that it gets so swamped when it comes to September and October with the budget review that we really would be so much better off if in April sometime midway through the budget year we have some kind of a budget review. Other governments do that as you know, we do not and I think we would be well served to do something like that. Anybody object to that? Mr. Plummer: Nope. Mayor Ferre: Ok, then it's... that's... Mr. Plummer: Items 12, 13 and 14. (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) Mayer Ferre: Item 12 is conduct joint meetings with selected City Committee. Let. me tell what I think the problem is. I really don't think that most of us h;,ve the foggiest idea what happens in the Off-Strcet Farkiug Authority. Mr. Plummer: And except for yourself, the D.D.A. �a Mayor Ferre: And in the D.D.A. I think it's the same thing all over again. Mr. Plummer: The Pension Board. a5 FEB 251�62 Mayor Ferre: And I think once in a while, even if it's once a year or once every two years we ought to get to all these different boards and have some king of a joint session which them or... so, you know, where we know what the heck they are doing. Any objections to that? Mr. Plummer: No. Mr. Dawkins: No. Mayor Ferre: 13, if necessary advertise fill page ads to inform the public of the City's work. The problem with that is we get into the whole question of whether it's a wise usage of the public's money and you know, that's a serious concern. I see that Commissioner Dawkins mentioned that and I think that's may bLP right. Mr. Plummer: 'I think, Mr. Mayor, that's got to be on an individual item basis in which the Commission will make it's own choice whether to do such at that time or not. I don't think it's really a policy of... a policy situation because I think each particular situation has got to stand on its on merits. Mayor Ferre: You know, the head of the Teachers Union, what's his name? Mr. Plummer: fat Tornillo. Mayor Ferre: No, the guy up in National. Mr. Gary: New York? Mayor Ferre: No, no, the National Teachers in New York. Bernie Scheter. Mr. Plummer: Alfred E. Newman. Mr. Perez: Albert Schancter. Mayor Ferre: Albert Schancter. Now, we have got it. UK. Albert Scnancter had the same problem in New York. So, he had policy of taking out a_column and as you know, every Sunday in the New York Times there is a column by Albert Schancter. It's paid for by the union, but it's an opportunity for Albert Schancter to express the opinion... the difference is that, that's not a government, you see, and so it's the Board Directors of the Union agrees to do this and I think we really don't... I'm not too sure that it's right for us to use... except... unless it's an exceptional case. The other side of it however is that we really sometimes don't get the full coverage of things as we see it. The problem is that, you know, who's to determine who is right on something like that. For example, we have yet to get a story from either the Herald or the News on the way ---that I can remember--- on interest for the bonds that we sell. They obviously, don't think it's important. The Diario published yesterday, by the way, it was a story in the Diario last night covering our last bond sale. I happen to think it's a very major important issue, but evidently the newspapers don't agree because it doesn't sell newspapers. Now, the question is are the people of Miami entitled to know and should they know and should we take an ad to tell them if the press doesn't tell them? Mr. Dawkins: Getting back to what J. L., said we could go, Mr. Mayor, on a item by item basis. Mayor Ferre: Ok, we will leave it that way if it's agreeable with everybody else. And lastly, the Commission's request for scheduling personal appearances to present to the Manager five days in advance of the meeting. Now,... Mr. Plummer: Well, Mr. Mayor, what that thing was to suppose to address Mr. Manager, was that anyone wanting a personal appearance here as far as I know have always been granted, but they must supply to you some material about what they ar.. going to appear here on. Mayor Yl!rre: Let me tell you where we got off on that one. That was Armando Lac -.;::,I. Up until Armando Lacasa there never was a problem on that because if Commissioner Gibson wanted something he would write a memorandum explaining what it was, then Lacasa got into the habit of just sending a little memo, "sch-clule discussion on Little Havana", you know, and you never really knew what it was that the guy was going to... 36 ,FEB 2 5 1982' Mr. Plummer: And nobody was prepared. Mayor Ferre: Because he never expressed it. Mr. Plummer: Exactly. Mayor Ferre: So what this says is that the Manager is instructed to put only on the agenda those things that are fully expressed by whoever is asking for it. In other words, this is not to deny any of you the right to put on the agenda... Mr. Plummer: Nor the public. Mayor Ferre: .... anything you want. It's fair game, but you have got to explain it. You have got to say this is what I'm going to propose and this is what the issue is rather than to hold it back. And I was saying Joe, that where we got off on a tangent was with Armando Lacasa. You remember him. Up until Armando Lacasa we never had a problem on the Commission, but then when Lacasa got here he got into the habit of sending little memos to the Manager, "please schedule for discussion item on Little Havana", whatever. Mr. Carollo: That was because of the extreme nervous system that he had, you know, all the problems he had and everything. Mayor Ferre: So, the way to avoid that kind of a problem... Mr. Joe: Don't laugh, Plummer. Mr. Plummer: This doesn't speak to the Commission, this item speaks to the public. Mayor Ferre: No, I think it should speak to everybody. Mr. Plummer: I don't disagree with that. Mayor Ferre: In other words, I think that as of right now, unless somebody disagrees on this the Manager is instructed, the only items you schedule on are items where it is clearly spelled out what the subject matter is so that we... Mr. Plummer: Agreed and it's got to be in his hands five days so he can prepare. Mayor Ferre: Any disagreement on this? Alright, are there any changes other than what we have talked about that you want to incorporate into the rules and procedures. Mr. Carollo: What Maurice, did we finally agree upon on the town hall meetings? Mayor Ferre: On the what? Mr. Carollo: On the town hall meetings. Mayor Ferre: I think the consensus as I got it was that it was too complicated, Ralph, said to divide the day. So that wherever we go we have to be there all day, number one. Number two, what that as a premise we obviously cannot hold a town hall meeting then every month. My idea was to try to get in, in the afternoons every month, you know, to go out to the field, so to speak, but if it can't be done, then I think the way to... the alternative is to have may be two, may be three a year. Mr. Carollo: Well, how about if we do one quarterly? Mr. Plummer: Fine. Mr. Carollo: One every three months. Mayor Ferre: That may be too much, Joe. You see, this... Mr. Carollo: Well, one every three months, I think... Mr. Plummer: Let's try it. 37 FEB 2 51962 oz� Mayor Ferre: Alright, this is the seat of government, we do have the facilities here, this is the chamber where we are supposed to take up business and I think if we do it twice a year or three times maximum a year, that's more than sufficient if we are going to have all day sessions and when you go through one of these . you will understand what I mean. ' Mr. Perez: But I think that it would be important if we have three times a year to have in the three different neighborhoods, for example, one in the Black Community, one in Little Havana, one in another section in order to have it tri-ethnic. Mayor Ferre: Alright, ok. Alright, as I right now the way we will leave it then, is we will leave it... that we will have three a year. Mr. Plummer: -Mr. Mayor, might I suggest, what did work out good before when we had them and Ralph might want to consider this, is to have the main agenda in this building, then we break for dinner and have the town hall meeting from 7:00 to 9:00. It worked out very good, Maurice, because then the people were home from work. You know, the reason you are having town hall meetings... Mayor Ferre: We ended up doing both kinds and the ones that work the best were the ones in the evenings. Perhaps, let's... how about that... would you... that doesn't make... let's make sense. In other words, that the town hall meetings would be, we break for dinner, ok, at 6 or 5 and then we would reconvene at 7:00 and hold a town hall meeting and then we go back to what Miller was saying which is try to limit it as much as possible to issues that may impact on that particular community. Mr. Carollo: Ok, then that would be fine, at least, you know we are getting somewhere with that. Mayor Ferre: Ok? Howard, you got any objections to that? Mr. Gary: I'm following the City Commission. Mayor Ferre: Yes, well, I mean we are trying to... we are talking about this. Mr. Gary: But it's still going to be three a year, right? Mayor Ferre: Yes. Mr. Gary: Ok. (BACKGROUND COMMENT INAUDIBLE) Mr. Plummer: Doctor, we are not going to feel good about it, but it's got to be done. (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Alright, you see, the problem is that this discussion that we have had Plummer and I have been through this now for the last ten or eleven years and we keep coming back. You didn't hear the last discussion, but it's the same one that we had then. Ok, is there anything else on this? Mr. Plummer: Do we pass a resolution on this? Mayor Ferre: Is there a motion, then on it? Mr. Plummer: Move it. Mayor Ferre: Is there a second? Mr. Perez: I second. Mayor Ferre: Alright, then all the rules as we have adopted them today will be in effect starting at the next meeting. Mr. Plummer: What motion number is that Mr. Clerk, so I will be able to refer to it in the future. Mr. Ongie: 176. 58 FEB 2 5 1982 Mayor Ferre: Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 82-176 A MOTION ESTABLISHING THE CITY OF MIAMI MEETING PROCEDURES AS FOLLOWS: 1. THAT EACH MEMBER OF THE COMMISSION BE LIMITED TO A TOTAL OF SEVEN (7) MINUTES SPEECH ON ANY ONE PARTICULAR ISSUE, WHICH PERIOD MAY BE EXTENDED TO 14 MINUTES UPON CONSENT OF THE COMMISSION. 2. THAT THE PERIOD BETWEEN 9:00 AM AND 10:00 AM, AT THE BEGINNING OF THE MEETING BE DIVIDED AS FOLLOWS: 3. THAT ANY NEW MATERIALS BE SUBMITTED TO THE CITY MANAGER SEVEN (7) DAYS IN ADVANCE OF A SCHEDULED MEETING. 4. THAT IT IS THE INTENT THAT ALL CITY COMMISSION MEETINGS SHALL BEGIN AT THE SCHEDULED TIME; AND AS SOON AS THERE IS A QUORUM PRESENT. 5. THAT THE LUNCH RECESS BE ESTABLISHED AS BEING FROM 12:00 NOON TO 2:00 PM. 6. THAT THE CITY COMMISSION MEETINS WILL CONCLUDE AT 9:00 PM, STIPULATING HOWEVER THAT THE ITEM THAT THE COMMISSION IS CONSIDERING AT SUCH TIME WILL BE COMPLETED. 7. THAT PERSONS APPEARING BEFORE THE CITY COMMISSION THAT ARE NOT SCHEDULED ON THE AGENDA SHALL BE HEARD ONLY WITH THE CONSENT OF A MAJORITY OF THE MEMBERS OF THE COMMISSION. B. THAT REQUESTS FOR ROUTINE ANSWERS SUBMITTED TO THE ADMINISTRATION BE RETURNED TO THE COMMISSION WITHIN 25 DAYS FROM SUCH REQUEST. 9. THAT THREE (3) TOWN HALL MEETINGS BE HELD PER YEAR STIPULATING THAT THE MAIN SESSION WILL BE HELD AT CITY HALL, DURING THE DAB, AND THAT THE TOWN HALL PORTION WILL BE HELD AFTER THE RECESS FOR DINN", 10. ADOPTING THE POLICY OF A MID -YEAR BUDGET REVIEW. 11. THAT POSSIBLE JOINT MEETINGS WITH SELECTED COMMITTEES BE PURELY AT THE DISCRETION OF THE CITY COMMISSION. 12. THAT THE PLACING OF ADVERTISING IN THE PRINTED MEDIA TO ADVOCATE OR EXPLAIN A CITY OF MIAMI POSITION ON A PARTICULAR MATTER BE DETERMINED ON AN ITEM BY ITEM BASIS. 13. THAT WHEN A GIVEN COMMISSIONER HAS SOMETHING THAT HE WOULD LIKE TO HAVE PUT ON THE AGENDA, THAT HE SHOULD WRITE A MEMORANDUM FULLY EXPLAINING THE SUBJECT MATTER, AND FURTHER STIPULATING THAT SUCH MEMORANDUM SHOULD REACH THE AGENDA OFFICE WITH THE SUFFICIENT TIME. 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. ViceMayor Joe Carollo Mayor Maurice A. Ferre NOES: None. 27. ACCEPT PLAT: "MAYFAIR SUBDIVISION" - AS AMENDED Mayor Ferre: Alright, we are on Item #5. What was the problem on 5, Mayfair Subdivision? Alright, go ahead. Mr. Tony Castillo: Tony Castillo, 20 Sevilla, Coral Gables. I have the warranty deeds in question and they are signed by Terry Percy, City Attorney and also by the Assistant Director of Public Works. So, there should be no problems. FES 2 51982 739 AP i Mayor Ferre: Alright, Mr. City Attorney and Mr. Manager, are we satisfied now? Mr. Plummer: Whoah, we got a problem. Mr. Knox: The problem that: was made manifest earlier this morning by the Law Department has been corrected, but I think that there is a problem as far as the administration is concerned. Mr. Plummer: Let me tell you what the problem is. Let me show it to you. It will be easier. when they first originally came in they showed a twenty-five foot radius on this corner. Now, this new proposal moves the boundaries and they are not parting this part of ttte'plaf and we are losing the twenty-five foot radius. Mayor Ferre: -So? Mr. Plummer: So, we are supposed to. They volunteered to give us that in the original application and that has suddenly disappeared. I think that we need to demand that they do what they originally proposed and give us that twenty-five foot radius. Mr. Castillo: If I may interject, the purpose of the radius is still being respected by the building design. The first two floors are held back from within that radius, but above, they go to a square corner. Mr. Plummer: That's not the point. The point is that you volunteered that in the initial application, ok. Mayor Ferre: Well, what is the point? Mr. Plummer: And the point is now they are not giving it to us now. Mr. Dawkins: They offered it to us to get it and now they took it back. Mr. Plummer: And then they designed a building and now that they are coming back for this replat they are not giving it to us and we are entitled to it. Mayor Ferre: How does the Administration... Mr. Gary: Mr. Mayor, Commissioner Plummer is ninety percent correct. What occurred is when they wanted to close Rice ... when they requested the closure of Rice Street they proposed this plat giving up certain rights -of -ways as well as a twenty-five foot radius on the turning basin of Virginia and Grand... Mr. Plummer: Florida. Mr. Gary: Florida, exactly. Now, what they have done is they have separated out from the plat that portion of the area which they had given us as a covenant for the closure of Rice Street which will make it more difficult in terms of transportation for that area. Now, he is correct that he plans to give us the twenty-five, but yet again it's not on the plat that we have right now and what they plan to do is go up above which we are not in favor of. Mr. Plummer: Well, Mr. Gary, as far as I'm concerned they are to be held to their initial application in which they volunteered and that's just that simple. Once they get that plat... you know, they have changed it, they have got to change and give what they volunteered before as far as I'm concerned, if not then I think we got to go back through a full hearing. Mr. Castillo: But Mr. Plummer, what is the... how is the City suffering by virtue of the fact that we are going to be building a square corner building above. grad•. In essence the... Mr. Plummer: Twenty-five feet, sir, is how the City is suffering, ok. Mr. Trit•ster volunteered it in the initial application,... Mr. Castillo: Right, I understand. Mr. Plummer: ... alright, and all we are asking you to do, sir, is that was one of the things that you offered to the approval of this Commission for the. cl,-)sure of Rice Street, ok. And all I think this Commission is saying to you now is you live up to what you proffered. Now, that's the way I feel. 00 FEB 2 5 1982 Mr. Castillo:I Don't recall that being a problem from the Rice Street closure proceedings. Mr. Plummer: No, it's not a problem, sir, it was a volunteered offer. Mr. Castillo: In essence, however, the site line is still there and the property will be public to the twenty-five foot radius, so we are dealing with air rights more than anything else. Mr. Plummer: No, we are dealing with the City's ownership, ok. That would be in the City's ownership if we for example had utilities under the ground and it's our property and is a lot easier to make improvements or changes than if it is*in your ownership and we have to come to you and get your permission. I might recall to your memory, sir, if you are well aware and that is that there was a little confrontation with Mr. Triester on another portion of Mayfair about tanks underground. Do you recall that, sir? Mr. Castillo: No, I certainly don't. Mr. Plummer: Well, you haven't been around as long as I have. all I'm saying to you is, they offered it, we accepted it and we are saying to you right now, that's ours and we expect you to live up to it and surrender a plat showing it. I don't think that's unfair. Mr. Castillo: No, it certainly doesn't seem to be unfair, but I hope that everyone understands that... Mr. Plummer: I tell you what I will do, ok? Show you how much of a sport I am. I will make a motion right now approving it as soon as you surrender the plat showing the twenty-five foot easement. I want to live up to our end of bargain. Mr. Castillo: No, there is.., my hands are tied in that respect. Mr. Plummer: Well, so are mine. Mr. Castillo: At any rate, these are the warranty deeds. Mr. Plummer: ?;r. Mayor? Mayor Ferre: ]es, sir. Mr. Plummer: I move Item 5, subject to their surrendering a plat showing the dedication of the twenty-five foot easement that they themselves volunteered in the initial application. i S Mayor Ferre: Is there a second? Mr. Carollo: Second. Mayor Ferre: No, under discussion. Janet, what light are you going to shed on this? Ms. Janet Cooper: Hello, Janet Cooper, 1901 Brickell closing of Rice Street at the previous hearings. Mr. Plummer: That's not before us. Ms. Cooper: I understand. I would just like to point out that what the applicant is proposing would also result in an increase in FAR to the benefit of the applicant above and beyond what was understood when we were talking about the closing of Rice Street. Not by much, but it's the principle. Mr. Castillo: We will be glad to give that up. Mayor Ferre: Ok, further discussion, call the roll. FEB 251982 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-177 '. A RESOLUTION ACCEPTING THE PLAT ENTITLED MAYFAIR SUBDIVISION, AS RESUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE RECORDATION a OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. 28. ISSUE VARIOUS WASTE COLLECTION LICENSES Mayor Ferre: Take up Item 13, waste collection license... Mr. Plummer: Move it. Mayor Ferre: Is there a second? Mr. Dawkins: Second. Mayor Ferre: Seconded by Dawkins, further discussion, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-178 A RESOLUTION AUTHORIZING THE ISSUANCE OF WASTE COLLECTION LICENSES TO ALONSO BROTHERS TRASH SERVICE CORPORATION, COUNTY WASTE, INC., ANGEL FAGUNDO, LAZARO'S WASTE SERVICE, MILLO TRASH SERVICE COPRORA- TION AND JAMES SHEFFIELD, PERMITTING THEM TO COMMENCE DOING BUSINESS UPON FULL COMPLIANCE WITH CHAPTER 22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre ,FEB 2 5 1982 NOF: ' : None. 62 FURTHER DISCUSSION: Mr. Plummer: I would like to ask a question. Mr. Gary, is there any provision in the waste fee that has just gone out that if a house is vacant they don't have to pay the fee? Mr.'Gary: The current ordinance reads that if a house is burned out... Mr. Plummer: Unoccupied. Mr. Gary: No, burned out, boarded up, then we don't charge them a fee or uninhabitable. Mayor Ferre: Well, that's not quite the case. Plummer, why don't you get the house boarded up and then you won't have to pay. Mr. Plummer: No, no, I didn't say anything until I have already paid it. I paid it. I paid it yesterday. But I think it's unfair that I got to pay it when there is nobody living in the house and has not been for six months. Mr. Gary: Well, it probably still produce garbage. The... Mayor Ferre: Look at it this way Plummer, you get it back in five minutes of work. 29. ALLOCATE $8,000 IN SUPPORT OF FUND RAISING WEEKEND DEPT. OF RECREATION, CULTURAL DIV., VIZCAYA MUSUEN, AND THE INTERNATIONAL RESCUE COMMITTEE Mayor Ferre: We are on 14. Mr. Plummer: Move it. Mayor Ferre: Alright, is there a second? Is there a second? Mr. Carollo: 14. Mayor Ferre: 14. Is there second? Alright, you better explain it Mr. Manager, we have gotten a second, so let's get a... Mr. Gary: I would like for Mr. Howard to explain. Mayor Ferre: Mr. Howard. Mr. Gary: But I would like to before we do this, if you recall during the last budget process the Mayor particularly raised the issue that we need to get more citizen participation as well as private participation in our recreational activities and in an effort... Mayor Ferre: Well, I ain't got nothing to do with this. This is not my deal. Mr. Gary: No, no, sir, I'm talking about a philosophy now. Mayor Ferre: Oh, ok. Mr. Gary: The philosophy was to get more people involved on a volunteer basis in terms of providing recreational services to the citizens of Miami and using 03 FEB 2 51982 that theory we have now gone out to try to get private and public people to participate in raising funds to help us offset some of our recreational programs that have been drastically cut over the years. Mr. Plummer: You recommend this. Mr. Gary: Yes, sir. This is a test project, I'm not sure whether it's going to be successful, but I am optimistic that it will be, but I would like for Mr. Howard to explain the details of the project so that you get a fuller knowledge of what we are proposing. Mr. Howard: We have an opportunity here to have a triumphurate work on a program that we haven't had before and that is the Vizcayans and we have the organization American States and the International Rescue Committee to bring into Miami Martino Royal which we feel will be a great cultural asset for this community. We also... Mayor Ferre: Who is sponsoring all of this? Mr. Howard: It's sponsored by the City of Miami, the Vizc?yians from the Vizcaya Museum and the organization American States and the international Rescue Committee all together on one project. What we are doing is putting up eight thousand dollars to guarantee Mr. Royal to come in here. We in return by sale of tickets, which we estimate by the way, to make in the neighborhood of a hundred thousand dollars replace that money into the City and possibly some more money. So, we are really not taking anything. If it is successful this will be the first of many cultural events that should bring national recognition to Miami and we feel with the cooperation of the volunteer groups that this will be a success and we feel with the performer that we have it will attract a myriad of cultural events to come into Miami. Mr. Plummer: Move it. Mr. Howard: By the way it will be held in the community center, the Latin Community Center where we expect to have a thousand people at the performance. The capacity of that center is one thousand. Mr. Dawkins: The only problem I have... well, I'm going to go along with it. I'm going to second it. The problem I have with it is I see where Miami puts up eight thousand dollars, I see where Vizcaya gets forty percent, Miami gets twenty percent, O.A.S. gets twenty percent and International Rescue Committee gets twenty percent and nobody else puts up eight thousand dollars. Mr. Howard: Well, they are putting up more than eight thousand dollars in artifacts, jewelry and other expositions that they will have at this and they also have the staff involved. Mr. Gary: But they don't lose any money at all. Mr. Plummer: Call the roll. Mayor Ferre: Further discussion, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-179 A RESOLUTION ALLOCATING THE SUME OF $8,000 FROM THE SPECIAL PROGRAMS AND ACCOUNTS -MATCHING FUNDS FOR GRANTS FUND, TO HELP DEFRAY THE COST OF A FUND-RAISING WEEKEND, TO BE HELD MAY 21 AND 22, 1982, CO -SPONSORED BY THE DEPARTMENT OF RECREATION, CULTURAL DIVISION, THE VIZCAYA MUSEUM AND THE INTERNATIONAL RESCUE COMMITTEE FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY IMPLEMENTING AGREEMENTS FOR SAID FUND-RAISING WEEKEND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins the resolution was passed and adopted by the following vote- FEB 2 5 1982 D4 AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. 30. DISPOSE OF NO-LONGER-SERVICABLF EQUIPMENT: 4 MOTOR VEHICLES Mayor Ferre: Alright, we are on 15. Mr. Plummer: Move it. Mayor Ferre: Alright, it's been moved and seconded, further discussion, call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 82-180 A RESOLUTION AUTHORIZING THE DISPOSAL BY SALE OF CERTAIN NO -LONGER SERVICEABLE EQUIPMENT, TO WIT: 4 MOTOR VEHICLES AT A FIXED PRICE TO THE CITY OF SAN PEDRO DE MONTES DE OCA, COSTA RICA, WITH THE UNDERSTANDING THAT THE CITY OF SAN PEDRO DE MONTES DE OCA WILL BE RESPONSIBLE FOR ALL SHIPPING AND TRANSPORTATION COSTS AND WITH THE FURTHER UNDERSTANDING THAT THE CITY OF MIAMI DOES NOT GUARANTEE THE OPERATION OF ANY OF SAID VEHICLES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. 31. DISPOSE OF NO-LONGER-SERVICABLE EQUIPMENT: 1974 RESCUE AMBULANCE Mayor Ferre: 16. Mr. Dawkins: Move it. Mr. Plummer: Second. Mayer Ferre: Further discussion, call the roll. 05 FEB 2 5 1982 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-181 A RESOLUTION AUTHORIZING THE DISPOSAL BY DONATION OF CERTAIN NO -LONGER SERVICEABLE EQUIPMENT, TO WIT: ONE 1974 FORD CUSTOM F-800 RESCUE AMBULANCE, TO THE CITY OF MONTES DE OCA, COSTA RICA, WITH THE UNDER- STANDING THAT THE CITY OF MONTES DE OCA WILL BE FULLY RESPONSIBLE FOR ALL SHIPPING AND TRANSPORTATION COSTS AND WITH THE FURTHER UNDERSTANDING THAT THE CITY OF MIAMI DOES NOT CUARANTEE THE OPERATION OF SAID VEHICLE. (Here follov�s body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. 32. DOWNTOWN COIU4UNITY DEVELOPMENT ADVISORY BOARD - APPOINTMENTS Mayor Ferre: Take up 17. That's the Downtown Community Development Advisory Board. Mr. Plummer: Who is recommended? Mayor Ferre: Herbert Spahn, recommended by the Board. Mr. Plummer: Move it. Mayor Ferre: Is there a motion to recommend Herbert Spahn? Mr. Plummer: Move it. Mayor Ferre: Isn't he the guy at Burdines? Mr. Gary: Yes, he is the Vice -President of the Downtown Burdines Store. Mayor Ferre: Alright, is there a second? Mr. Perez: I second. Mayor Ferre: Seconded, further discussion, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-182 A RESOLUTION APPOINTING ONE INDIVIDUAL TO SERVE AS A MEMBER OF THE DOWNTOWI COMMUNITY DEVELOPMENT ADVISORY BOARD IN ACCORDANCE WITH THE CITIZEN PARTICIPATION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. (Here follows body of resolution, omitted here and on file 19 a2 in the Office of the City Cle ) 1 Upon being seconded by Commissioner Dawkins the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. a 33. ENVIRONMENTAL PRESERVATION REVIEW BOARD - APPOINTMENTS Mayor Ferre: 18, is the Environmental Preservation Review Board. Now, there are... how many openings are there? Mr. Plummer: One. Mayor Ferre: No, there isn't. Five. Mr. Whipple: There is six, I believe... Mayor Ferre: What? Mr. Whipple: I believe there is six. Mayor Ferre: Alright, now, here are the people that I have got on my agenda list and you put in whoever you want, but I have got David Scully, Thelma Holmes, recommended by the U.T.D. Alright, David Scully is Anglo male, even though he is Cuban and... isn't that Scully, the guy that... isn't Scully Cuban? Mr. Plummer: Wait a minute, would you go over that last statement, "he is an Anglo male, even though he is a Cuban". Mayor Ferre: That is just what I mean. He is an American Anglo, you know, born of American parents... Mr. Whipple I don't believe he has any Latin... Mr. Plummer: No, I'm not talking about the individual. Mayor Ferre: Born in Cuba and bred in Cuba, isn't that Scully, the landscape architect? Mr. Whipple: Not to my knowledge Mr. Mayor, but... Mayor Ferre: Scully, right? David Scully. Mr. Whipple: Landscape architect. Mayor Y,,rre: What? Mr. Whipple: Landscape architect. Mayer Ferre: Wait a minute, there is another guy who does all the jobs around here who was born in Cuba, speaks perfect Spanish, he is an American, but he is... Scully, sure it is. That's who it is. Ok, Thelma Holmes is female Black recommended by U.T.D., Luis Fors is Latin male recommended by Tom Post, Joe Middlebrooks is a Black male and Prince Hepburn. Is he a real, Prince? Black male. 57 FEB 2 51982 0 40 Well, those are my five nominees, I don't know who else... come up with names, Plummer, you know, you guys are always complaining and this is about the fourth month that this thing has come up without proper... So I have come up with my name, you come up with a name and I will be happy to take and appoint one, you appoint the other five, but for God's sake let's get it over with. Mr. Whipple: Mr. Mayor, I would second that if I could. There are several pending items and we haven't had an Environmental Board for several months and it is inconveniencing the public. Mayor Ferre: Gentlemen, I submit to you that this thing has been on the agenda for fgur months straight and you have not come up with appointments. You want to be on it Dr. Theede? Alright, I would... the sixth appointment is Dr. Theede, ok. Mr. Whipple: Mr. Mayor, not to slow things down, but there is certain requirements by the City Code... Mayor Ferre: Oh, ok. Dr. Theede... Mr. Whipple: ... and the laws which... Mayor Ferre: ... you may be out. Mr. Whipple: ... which request that a Architect, a Landscape Architect, a Nurseryman and Environmentalist and then at large, general public. Mayor Ferre: Well, she is at large. Scully is a Landscape Architect... Alright, my... Look, my first nominee is David Scully. Mr. Plummer: Hey, you got six and that's enough. Mayor Ferre: Thelma Holmes, is a Black female, Luis Fors is an Environmentalist and he is recommended, Latin male, Joe Middlebrooks is an Architect, right? Mr. Dawkins: Yes. Mayor Ferre: And what is Prince Hepburn? Nurseryman. Mr. Dawkins: I move that we go with what we got and let's go on so we can go home. Mayor Ferre: Alright, and Dr. Theede, if she... Mr. Dawkins: If she wants to be on it, she can be on it, if not she can get off and let's go. Mayor Ferre: If she meets the requirement. Is there anybody else? Alright, somebody has to move it. Mr. Plummer: Move it. Mr. Dawkins: Second. Mayor Ferre: Seconded, further discussion, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-183 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE ENVIRONMENTAL PRESERVATION REVIEW BOARD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins the resolution was passed and adopted by the following vote- 68 r, FEB 2 5119 842' C 3 AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. 34. APPOINT TO BOARD OF DIRECTORS MIAMI CAPITAL DEVELOPMENT INC. Mayor Ferre: The Miami Capital Development, Inc., you want to move that J. L.? Mr. Plummer: if he wants it, if he didn't, I wanted it. Mayor Ferre: Well, as I said... Mr. Plummer: You want it? (COMMENT INAUDIBLE) Mr. Plummer: I move Demetrio Perez. Mayor Ferre: Is there a second? Mr. Carollo: Second. Mayor Ferre: Further discussion, call the roll on 19. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-184 A RESOLUTION APPOINTING A MEMBER OF THE CITY COMMISSION TO THE BOARD OF DIRECTORS OF MIAMI CAPITAL DEVELOPMENT, INC. (Here follows body of Tesolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. j9 .DEB 2 5 1982 35. DEFER APPOItiTMENTS: COM. U OF M, J. L. KNIGHT ADVISORY COMMITTEE I - Mayor Ferre: Who is the appointment on 20? Mr. Plummer: 20 is three. Mr. Carollo: 20, I... Mr. Dawkins: 20, I move that... I would like to see some more names submitted. I would like to defer this until the next meeting and see if we can't get some more names. Mr. Carollo: Well, we only had, as I recall, one more... Mr. Plummer: How may of those belong to the City? Mayor Ferre: How many appointments are there? Mr. Dawkins: Three for the City. Mr. Plummer: No, I don't think so. Mr. Carollo: we reappointed two and there are... Mayor Ferre: Alright, wait a minute, let's do this one at a time. Mr. Dawkins: The City Commission may reappoint their present members, Stuart W. Patterson, Athalie Range, and Alexander Mcholfe, Jr. or appoint new members for a three year term. Mr. Gary: You got five vacancies. Mayor Ferre: There are five vacancies. Now, Stuart Patton we have no choice on because he is the Miami, University of Miami's recommendee. Is that correct? I'm almost positive. Mr. Plummer: Well, we hold vetoe., Mr. Dawkins: No,... Well, let's be sure. I'm like the Mayor now, I'm confused. The Executive Committee of the University of Miami Board of Trustee has indicated their desire to have their members reappointed, their members. The City Commission may reappoint their present members. Mayor Ferre: That's correct. Mr. Dawkins: So, to me that's six members and may be I'm wrong, I don't know. Mayor Ferre: Well, Mr... Mr. Carollo: Mr. Manager, how many members do we have here appointed, three? Mr. Gary: We have five. If you will look on the second sheet on the back. Mr. Pluuner: I have nothing. Mr. Cxrc.rllo: T don't have anything like that. I only have thru three. Mr. Cary: No, right here. Mayor Ferre: I don't have anybody on the back either. Mr. Gdry: You don't have this? Mr. Plummer: We don't have anything on the back. Mr. Dawkins: I got three members. Mayor Ferre: Well, I think the question very simply is this, the University appointees, we may as well get on and appoint them. So, let's do that one no 70 FEB 2 5 U2 C Mr. Plummer: Well, who are they? Mayor Ferre: Stuart Patton, that's it. Mr. Plummer: There is something wrong there. (BACKGROUND COMMENT INAUDIBLE) Mr. Plummer: Yes, the memo is wrong. Because I know Paul Andrews in on there. Mayor Ferre: He is a City appointee. Mr. Plummer: That's right, because he was my appointee to the board. Mr. Gary: Mr. Mayor, I stand corrected. These are the University appointments. I was looking at the Affirmative Action. Mayor Ferre: Now, wait a minute. Mr. Gary: On page 20. Mayor Ferre: Is Stuart Patton, Athalie Range and McWolfe University appointments? I don't think so. Mr. Plummer: Why don't we defer this so that we don't make a mistake. Mr. Gary: No, Mr. Mayor, you are correct. The City Commission may reappoint their present members Stuart Patton, Athalie Range and Alexander McWolfe, Jr. or appoint new members for a three year term of office. Mayor Ferre: Stuart Patton is not our appointee, he is the University's appointee. Mr. Plummer: I still say let's defer it and get it straight. Mr. Gary: Defer it. Mr. Plummer: That's what I suggested. I move it be deferred. (BACKGROUND COtZ ENTS OFF THE PUBLIC RECOPY Mr. Plummer: I move that it be deferred. Mr. Dawkins: Second. Mayor Ferre: Ok, it's been deferred so we can get a clarification. Mr. Plummer: Right. Mayor Ferre: And Mr. Manager, would you personally tell Mr. Palms to be down here and clarify this at the next meeting? Mr. Gary: Yes, that's not Mr. Palms, that's someone else, but I will make sure that it's taken care of at the next meeting, Mr. Mayor. Mayor Ferre: Alright, then we have got... I also understand on the record that Mr. Codina is going to be resigning. Would you... if he is, then we may as well... let's do it all at one time. Mr. Cjrollo: How many appointments are there in this whole Board, Mr. Manager? Mr. Plummer: Seven I believe, Joe. Mayor Ferre: As I recall we have three, they have three and who has the seventh? Huh? Mr. Plummer: I think jointly those six choose a seventh as I remembez. Mayor Ferre: Well, let's get a clarification of it. NOTE FOR THE RECORD: AGENDA ITEM 20 WAS DEFERRED UNTIL THE NEXT CITY COMMISSION MEETING. 71 FEB 2 51982 Mayor. Ferre: We are now on 21. What's the appointment on 217 Mr. Plummer: How many appointments are there? Six? Mr. Gary: Affirmative Action? Mr. Plummer: -Yes. Mr. Gary: Six on the back, look on the back. Mr. Plummer: What is there, fifteen on that board? How many on the Affirmative Action? Mr. Gary: Fourteen. (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) Mayor Ferre: Well, I will tell you, I will give you three names, Laurenstein Pierce, Pennie Hershberger, recommended again by the U.T.D. and Frederica Waansa. Mr. Plummer: Mr. Mayor? Mayor Ferre: Now, how come I don't have any Latin appointments? Mr. Plummer: N.r. Mayor, I think if you will look at the inception of this thing it is set up in such a manner that each of us have two appointments. Mayor Ferre: Well, then do it, Plummer. I mean, I could care less, but I mean this is about the fourth time and we never appoint any. Mr. Plummer: Ok. I promise you before the March meeting I will have my two names. Mayor Ferre: How many people do we have? Mr. Plummer: There is ten appointed by the Commission. Mayor Ferre: Alright, the people that are on there now are Linda Eads... Mr. Plummer: No, she is off. Mayor Ferre: Alright, the people that are on there now, is Mannie Mendoza gone? Xavier Suarez is gone, Jim Cassell is off,... Mr. Plummer: The only one on there presently are people 5, 8, 9 and 10. Mayor Ferre: Hazel Grant is there, right? Mr. Dawkins: Yes. Mr. Plummer: Yes. Mayor Ferre: And Dana Chapman is there? Mr. Plummer: Yes. Mayor Ferre: And Lawrence Crawford is there. Mr. Plummer: And Jose Mendez. Mayor- Ferre: Well, I got news for you, we don't have any Cubans on there. We yot to get some Cubans on there. 72 FEB 25 1982 Mr. Gary: Mr. Mayor, Hazel Grant term expired January 24, 1982, so you got to include her in terms of a vacancy. Mayor Ferre: Ok. Mr. Plummer: Alright, well, each of us will come up with two names by the next meeting. Mayor Ferre: We got Dana Chapman and Jose Mendez. So, I have got my two appointments. So, the rest of them are up to you guys. Mr. Plummer: Ok. MayorsFerre: And I'm going to put it to you this way here. Nestor, you get yourself eight names, ok, and I'm telling you right now, I'm giving you fair warning, if you don't appoint your two I'm going to appoint them for you. Mr. Plummer: No, problem. Mayor Ferre: Ok? So, you get yourself eight names and make sure that you have four Cubans, three Blacks and three Anglos. (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) Mayor Ferre: What do you mean ten, it's ten people. Mr. Plummer: No, that's a White Anglo.... Mayor Ferre: All I'm saying in the total board I think it ought to be four, three and three and you ought to try to balance it between men and women. Mr. Plummer: What is the four, three and three? Mayor Ferre: Four Latins, three Blacks, three Anglos. Mr. Plummer: Oh, ok . Mayor Ferre: And we already got one Latin, Puerto Rican, but you don't have one Cuban in the whole thing and you got to have a Cuban in there. Mr. Plummer: Ok. Mayor Ferre: Se, would you please come with alternate names so that we can try to get a balanced thing? Mr. Plummer: Yes, sir. NOTE FOR THE RECORD: AGENDA ITEM 21 WAS DEFERRED UNTIL THE NEXT COMMISSION MEETING. 37. DESIGNATE NEWSPAPERS FOR PUBLICATION OF NOTICE OF DELINQUENT LIENS Mayor Ferre: Take up 23. Mr. Carollo: Move. Mr. Plummer: Well, you can't just move it, you have got to designate the papers. Mayor Ferre: I think what we ought to do is leave it as it is and if you want to add... Mr. Manager? Or Walter, are you the one that knows about this? What art, the newspapc-rs that we are advertising in? '73 FEB 2 51982 Mr. Gary: We have Diario Las Americas, we have Miami Times and the Miami News. Mayor Ferre: ... Miami Times and the Miami News? Mr. Gary: Yes, sir. The herald is excluded. Mayor Ferre: Well, I thought we were advertising... We had Patria and E1 Universial. Now, Walter, I want to tell you that when we took out Patria, but you have yet to give one ad to E1 Universial and you were under instructions by this Commission to include them... not E1 Universial, I'm sorry. E1 Expresso. Mr. Gairy: No, sir. Mr. Pierce: They weren't included in the last resolution. Mayor Ferre: I'm sure they were. Mr. Gary: No. Mr. Mayor, if you recall, Commission Carollo made a motion that all of our advertisement be limited to the Miami News, Diario Las Americas and the Miami Times and we made only one exception and that was to the business... Mr. Plummer: Review. Mr. Gary: ... Miami Review for the Clerk and the Zoning items and other bidding items. Mr. Plummer: Well, let me tell you, I have nothing involved with the Miami Review, but these are for legal purposes and I think that first and foremost that should be the paper it should appear. Mayor Ferre: I agree. Mr. Gary: What, the Miami Review? Mr. Plummer: Yes, sir. Mayor Ferre: I would like to make, since these are legal reviews, I think that there ought to be no question in the Miami Review, the Miami Times, in the Diario Las Americas, ok. Mr. Pluruner: I move those three names. Mr. Carollo: Move. or Ferre: No. wait a minute, wait a minute, if beyond that, if we put in... this just for legal ads? What's a legal ad, like if we have a public hearing? Mr. Gary: No, these are for the sale of certificates issued by the City of Miami for delinquent. Mayor Ferre: For what? Mr. Gary: These are sale of certificates issued by the City of Miami for special assessments. Mr. Plummer: Yes, but, you know, at what point are we reaching. If you take the three names that has been proffered, ok, are you going with the Times, I assume you are. Mayor Ferre: Yes. Mr. Plummer: Ok. Now, if you go with those names, you have got the Miami Review, which is the legal paper for the legal community, you have got the daily news for the Anglo community, you have got Diario for the Latin community and the Times for the Black community. That's enough. At the prices that you are Laying today, that's it. Mr. Gary: We agree with that. Mr. Plummer: I move those four names. May, i Forie.•: Is there a second? M FEB 25 198e F Mr. Dawkins: Second. Mayor Ferre: Now, under discussion. What was it that we were giving to Patria? Were they involved in this too? Mr. Plummer: No, what Patria was involved in, Mr. Mayor, was a yearly contract in which when we gave like public notices of public hearings and of special items. Mayor Ferre: That's what I thought this was. Mr. Plummer: No, sir. No, this is liens. This is tax liens. Mayor Ferre: Ok. Mr. Plummer: That's all this is. It's a one shot deal. Mayor Ferre: Ok, further discussion, call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 82-185 A RESOLUTION DESIGNATING NEWSPAPERS IN WHICH THE NOTICE OF SALE OF CERTIFICATES ISSUED BY THE CITY OF MIAMI FOR DELINQUENT SPECIAL IMPROVEMENT ASSESSMENT LIENS SHALL BE PUBLISHED. (Here follows bode of resolution, omitted here and on file in the Office of Oe City Clerk.) " "-"'Upoi► being seconded by Commissioner Dawkins the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. 38. POLICY ON DISPLAY ADVERTIS114G BY ALL CITY DEPARTMENTS, CI:'Y CLERK AND LAW DEPARTMENT Mayor Ferre: Now, let me go beyond that. For things that are public nature, now, I'm talking about legal notices of things like public hearings, public meetings. I see these ads in the News and in the Herald all the time. What is that all about? Mr. Plummer: That's display advertising. Mayor Ferre: Display advertising. Mr. Plummer: Damn expensive. Mayor Ferre: Alright, I would like to move you, sir that we limit our display advertising to the Miami News, because I don't think that a newspaper that is advertising, accepting advertisements like the Herald was accepting on the motions that we made today that we are going to advertise in a newspaper like that. So, I move you that we limit it to the... As I recall, Walter, help me on this. Who is getting these advertisements? The Herald? The News? Mr. Gary: No, we took out the Herald. The only ones you get are the News, Diario Las Americas, Miami Times and the Miami Review. 75 FEB 2 � 1982 OWN Mr. Plummer: On the regular advertisements? Mr. Gary: On regular advertisements. Mayor Ferre: Yes, well, we don't need to put in the Miami Review public notice type... Mr. Plummer: You do, Mr. Mayor, as it relates to zoning. Mr. Gary: We only made an exception, Mr. Mayor. Mayor Ferre: I stand corrected, we leave the Review. Now, in that particular area that we were advertising we had made the exception of putting ads in two week Cuban Spanish newspapers because we were reaching a segment of the community that we weren't reaching in another way. Because there are a lot of people, believe it or not, in the Cuban community that do not read Diario in same way that they don't read the Herald and the News, but they read the Miami Times, ok, same argument there. And we had Patria and E1 Expresso as I remember and then we made a motion to remove Patria and I would like to substitute for that E1 Universal. However, I would like for the following conditions to be put on there, ok. That they have to be certified and that they have to have a minimum circulation of ten thousand. Mr. Plummer: Mr. Mayor, I do think you have a problem. There is a policy of this Commission and I think Commissioner Carollo was the one that instigated the policy that the only exception we made was the Miami Times that had to be placed in an advertising media of daily circulation and the only exception was the Miami Times because there was not a daily paper in the Black community. Now, as I recall that as a standing policy of this Commission. Mayor Ferre: Yes, and that's what I'm making a motion on. I may not get a second... Mr. Plummer: well, ok. In other words, what you are doing is you are... ok, you are changing the policy. (COM'ENT INAUDIBLE) Mayor Ferre: Carollo, you are carrying the meeting. Mr. Carollo: Yes, I am. Mayor Ferre: I have made my motion, now see if we get a second. What I'm saying is that besides the News, Diario, Miami Review and the Miami Times, that we include two weekly Spanish papers, namely, the E1 Expresso and El Universal . provided, however, that they be certified papers and that they have a minimum circulation of ten thousand. Mr. Carollo: Is there a second? Mr. Perez: Mr. Mayor, I would like to include something. I would like to try to give instruction to the City Manager in order to make a survey of all the publications for future recommendation in order to try ask some newspaper in the future, but I think we have about twenty minority newspapers in the area. Mayor Ferre: I would accept that as Section 2 of the motion, ok. Mr. Plummer: Repeat that. Mr. Perez: To give instructions to the City Manager Officer in order to try to make a survey of all the newspapers, all the minority newspapers in order to request future recommendations. Mayor Ferre: I accept that. Mr. Plummer: That changes weekly though, that's the problem. Mr. Carollo: Ok. Mayor Ferre: In other words, he is putting the burden on you, Howard. Mr. Carollo: There is a motion and there is a second, hearing no further discussion, call the roll, Mx. Clerk. 76 FEB 25 1982 The following motion was introduced by Mayor Ferre, who moved its adoption: MOTION NO. 82-186 A MOTION INSTRUCTING THE CITY MANAGER TO ADVISE ALL CITY DEPART- MENTS (INCLUDING THE CITY ATTORNEY AND THE CITY CLERK'S OFFICE) THAT DISPLAY ADVERTISING SHALL, IN THE FUTURE, BE LIMITED TO THE MIAMI NEWS, DIARIO DE LAS A_MERICAS, THE MIAMI REVIEW, THE MIAMI TIMES AND THAT TWO WEEKLY HISPANIC PUBLICATIONS, NAMELY EL UNIVERSAL AND EL EXPRESO BE INCLUDED IN SAID DISPLAY ADVERTIS- ING, PROVIDED, THEY ARE PROPERLY CERTIFIED AS HAVING A MINIMUM CIRCULATION OF 10,000 AND FURTHER INSTRUCTING THE CITY MANAGER TO MAKE A SURVEY OF ALL MINORITY NEWSPAPERS IN THE AREA TO DETER- MINE POSSIBLE FUTURE CITY OF MIAMI ADVERTISING IN THOSE NEWSPAPERS. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. 39. POLICY OF NO FURTHER ADVERTISING IN THE MIAMI HERALD AS LONG AS THEY ACCEPT ADVERTISING ADVOCATING TRAVEL TO COMMUNIST CUBA Mr. Carollo: Mr. Manager, are we placing any other kind of advertisements presently in the Miami Herald? Mr. Gary: Well, not the City Administration. Mr. Carollo: Well, I'm saying anyone in the City of Miami. Mr. Plummer: Oh, God, yes. Mr. Gary: Yes. Mr. Plummer: Now, do you differentiate between classified and display? Mr. Carollo: I'm talking about any kinds of advertisements. Mr. Plummer: You ought to see our bill with the Herald. Mr. Carollo: Mr. Manager, is there any reason why we cannot place those advertisements instead in the Miami News? Mr. Gary: Well, the only advertisement I know that we are placing in the Herald is an advertisement that we have as a result of a contract or a joint agreement we have with major firms that are in the area or plan to move in the area. Now, we can ask them particularly since they pay more than eighty percent of the cost, we can ask them if they are willing to advertise in another newspaper sinct, it's their money. Mr. Carollo: Yes, but I am talking specifically about any type of advertisements that the City of'Miami, whether it's your department or any other department might run advertisement for positions or anything else. Mr. Gary: We are not doing that. 7'1 FEB 2 51962 Mr. Plummer: Whoah, sure you are. My God, you have got that classified, the first segment of it, all of your bidding procedures, all of your special taxing, all of that is in classified. Mr. Gary: Well, it should not be. Mr. Carollo: I see you don't read the Herald anymore, huh, Mr. Manager. Good for you. Mr. Gary: I would like to respond, Vice -Mayor Carollo, that if it is it's not suppose to be and all of the department directors have been informed not to do so, not to advertise. Mr. Carollo: Let me make it easier for you, Mr. Manager. I would like to make a motion that.for now on the City of Miami does not place any advertisements whatsoever, any department, in the Miami Herald. I think that any newspaper that would place the priority that they have in dollar bills like we have seen and they would accept advertisements like they have promoting the regime of communist Cuba. I think it's a shame and it's an embarrassment to this community and I think we should do everything possible not to support a newspaper like that economically. So, I am making a motion right now, Mr. Mayor, instructing our Manager that this City does not place any further advertisements, any kind in the Miami Herald. Mayor Ferre: Well, that goes contrary to the motion that we told on the question of affirmative action which we have not done and I want to know from the Manager why that wasn't done. The last time you were under instructions to place an ad, half a page ad in the Miami Herald. Mr. Plummer: No, you left it to his discretion. Mayor Ferre: We left it at his discretion. Mr. Plummer: He was to meet with them and then after that to analyze and you left it to his discretion. Mr. Carollo: Yes, that's what I recall, Maurice. Mr. Gary: Right, yes. Mayor Ferre: Yes. And? Mr. Gary: I was supposed to meet with the Editorial Board first. We requested a hearing before them. Mal -or Ferre: Have you done that? Mr. Gary: No, we requested the hearing. We haven't gotten a response. Mayor Ferre: Ok. Mr. Gary: Mr. Mayor? Mayor Ferre: Wait a minute, we have a motion on the floor. You heard the motion. Mr. Perez: What is the motion? Mayor Ferre: Commissioner Carollo, has made a motion and it's a conditional motion as, as long as the newspaper is accepting advertisement, is that right? Mr. Carollo: That is correct, Mr. Mayor, as long as they are accepting advo_•rtisement. The only way that the motion would change would be with the apl i c,val of this Commission in the future. May::.r Ferre: You have a second. Is there further discussion? Yes, J. L.? Mr. Plummer: Mr. Mayor, let me just make one statement and I only havz. this concern. I understand what Joe is saying very well. I am only concerned, Mr. Mayor, that the reason we advertise is to try to solicit bidders, solicit bids and things of that nature. I am concered, I didn't want to have to say this, of the difference between the number of circulation of the daily News and the circulation of the Miami Herald. Primarily the Miami Herald goes State wide They have seven different editions and I'm concerned. F E B 2 5 1y G2 (V Mr. Carollo: We could advertise in the other State wide newspapers that don't take any advertisements of people that are trying to help the communist regime of Cuba and people that are traitors to this Country. Mr. Plummer: Can we tie that, Joe, and I would have no problem with, to the motion of this morning, that if they do not stop this kind of situation we will implement this? Mr. Carollo: J. L., the motion is clear. We do not want to place any advertisements in this paper as long as they are accepting the kind of advertisements like the one that I read today that are promoting and trying to brainwash the citizens of this Country into believing that a communist regime like Cuba is a paradise. When they would stop taking those type of advertisements and come back to what ,founded this Country, the principles that founded this great nation, then I think we can reconsider that. Mayor Ferre: Janet. Ms. Janet Cooper: The newspapers, the various newspapers in this community accept advertising from the cigarette companies which promote terrible problems of health and cost to this community and you were talking about Jackson Memorial Hospital earlier today. They advertise guns which cause tremendous harm to the health of the community and contribute greatly to the crime problem, which is rampant throughout this community. I don't think that, that's grounds for denying advertising in a way that is going to accomplish to the best possible means the goal of advertising, which is to notify the public. You are reaching, I assume, very well the Latin community and the Black community through advertising in the particular papers that they read the most and here what you are trying to do is eliminate advertising in the paper that reaches the Anglo community the most as much as I hate that word. Mayor Ferre: Well, the Miami News reaches the Anglo community too. Ms. Cooper: It does too, but not as much as the Miami Herald does. Mayor Ferre: But Janet there is a judgemental factor in this and let me tell you and I didn't want to get into this.this morning, but I will tell you may be we should. The Miami Herald used to advertise massage parlor, ok, that were nothing more than houses of prostitution, ok, and there was a time when the Miami Herald did that quite openly. There were certain groups in this community, I remember the Archbishop was amongst them who protested this matter to the Herald and as I understand it, and I'm not sure that this is the case now, the Herald no longer accepts advertisement of certain nature. Now, they have gone in and defined what the nature of that advertising is, but they will —� not accept, you know, on massage parlors and things of that sort. Now, that's a judgement that the Herald... that the owners, the people who own the... it's a business. They accepted and they made a judgement. Now, you think that guns and smoking and other things are detrimental to the health and well-being of the community. I understand your position and I agree. Now, however, I don't think in a matter of an advertisement where somebody is advertising to take Americans and people from this community to Cuba and portray it as a paradise, that in itself is an editorial comment by the advertiser and I think there is a judgemental factor involved in that. It is... If I were to put it perhaps in another way... suppose... and I don't mean this to personalize in anyway anybody here. But suppose the PLO and suppose there was a Palestinian State established in the next year and the PLO were to come here and advertise in the newspaper, I'm pretty sure and I would join because I would feel very strongly even though I'm not a member of the Jewish community, I would be very upset about that personally, because I do not think that the PLO represents the best interest of the United States. They are anti-american, they are for the overthrow of the government of the United States, they stand for everything... whatever we stand for they are against. They are out there trying to create havoc., subjugate the will of the majority of this Country, they are out causing they are involved in terrorism. I mean, we know that they are involved in... terrorism, well we know that the Cuban government is involved in terrorism. So, I think if you put it in terms... you know, would it be right in New York City where the majority of the community is Jewish or at least... I'm sorry, not thc majority. Where two million people out of the eight million people that live in New York City are Jewish, ok, a major part of the community, over twenty-five percent. I think that it would be a slap in the face of the people who live in that community and it would be in bad taste. Now,,... besides being wrong, morally wrong, I think it's something that's a matter of practical thing. 79 FEB 2 5 1902 Now, in this community forty percent of the community is now Latin in Dade County and in the City of Miami, it's over sixty percent. I think besides the moral factor it's really in bad taste to, you know, to rub this community in that way and there is a moral and a pragmatic nature to it. We have a motion and we have a second and we have your comments. Ms. Cooper: May I respond? Mayor Ferre: Quickly. Ms. Cooper: I don't disagree with what you say, but the truth of the matter is that this is a city government that has a duty and the main purpose of advertising is to Oi.nform the public as best as they can possibly be informed. Now, I have no great love for the Herald either. I have no great animosity towards them either. I see them merely as a means of getting the information to the public in the most effective way and I don't think that this Commission ought to look to the secondary, which is... purely is the economics that will result from placing advertisements in the Herald when the main purpose is to get notice to the people and I would hate to see this Commission criticized for trying their best to get notice to the Latin and to the Black community and not trying to do the same for the Anglo community. Mayor Ferre: Further discussion? Mr. Carollo: Yes, Mr. Mayor. Janet, I will tell you, I will be more than happy to personally pay your way in expenses to Havana, to Moscow and when you get a commitment from Granma in Cuba, from Pravda in Moscow that they would place any kind of advertisements that anyone would like to place in those newspapers, then Janet, I will be more than happy to go along with what you are saying, but in no way am I going to let a regime that has made its intentions clear to destroy this Country and its sole purpose is to destroy our way of life, get away with what is happening here. Mayor Ferre: Further discussion, call the roll. ON ROLL CALL: Mr. Plummer: I wish there wasn't two clear cut sides to the story. Mr. Carollo: You are either with us or you are against us, Plummer. Mr. Plummer: No, I don't look at it that way, Joe, if I did I would think as you did. You see, I just don't feel that the City of Miami's account with the Miami Herald is that significant and I think if what you are trying to do and you are trying to say to them your displeasure, you have done so in the other motion and I think we have come on there very strong. The Miami Herald couldn't care less about our twenty thousand dollars a year. Mayor Ferre: But this puts teeth on it. Mr. Plummer: Yes, but we are turning around talking about putting a full page ad for the City of Miami in the Miami Herald. Mr. Carollo: We were. Mr. Plummer: Maurice, is still asking why isn't it there. Mr. Carollo: we were. Mr. Plummer: Excuse me, I'm only saying what the Mayor said. Alright, I'm going to vote "no". I think that we want to try to get as good a distribution as we can for our dollar. I don't think this issue is that of the ads that are placed there. I voted for the other resolution, which says we condemn them for what they have done, but I don't see this as a method to bring about that end and I will have to vote "no" on the motion. �0 FEB 25 1982 The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTION NO. 82-187 A MOTION STATING THE POLICY OF THE CITY COMMISSION AND INSTRUCTING THE CITY MANAGER, THE OFFICE OF THE CITY CLEr1C AND THE CITY ATTORNEY NOT TO PLACE ANY FORM OF ADVERTISING IN THE MIAMI HERALD AS LONG AS THEY ARE ACCEPTING THE KINDS OF ADVERTISING AS EXPRESSED IN MOTION 82-170, WHICH WAS PASSED AND ADOPTED ON THIS SAME DATE, REGARDING ADVOCATING TRAVEL TO COMMUNIST CUBA. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote: AYES: Mr. Perez, Vice -Mayor Carollo and Mayor Ferre. NOES: Mr. Plummer. ABSENT: Mr. Dawkins. FURTHER DISCUSSION: Mr. Carollo: I would like to congratulate the majority of this Commission for not taking the same attitude that a chap in history by the Chamberlin once took and that is the reason why we went to World War II, if I recall correctly. Mayor Ferre: I would just say in my vote, just for the record, that the Miami News as I understand it has a circulation in the vicinity of what? Eighty thousand? As I understand it, it's in the vicinity of eighty thousand. There is no question that it is not as high a circulation as the Miami Herald, but certainly it is a greater circulation than the Diario Las Americas, the Miami Times and the Miami Review and I think that if we make a statement of condemnation like we have of the Herald taking advertising from someone that's sponsoring trips to communist Cuba, the only way it is meaningful is if we have the courage of our conviction and I don't think that we have any other choice but, because otherwise the rest of it really would be pantomime. In other words, it is precisely that type of... and I... Joe, you are not going to like what I'm going to say, but I'm going to tell you that it is exactly what this government of our President is doing at the present time with regards to Cuba. It is making a lot of noise, screaming a lot, thumping its chest, rattling the saber and not doing anything about it. The fact is, that if you look at the situation in Cuba, the Soviets are today unpacking thousands of crates which have been announced in the newspaper as being no less than four squadrons of Mig 23's and those Mig 23's have a tactical and an aggressive capability of attacking all the way to Alabama and all the way beyond Puerto Rico today and the United States is simply standing by screaming a lot, this President who keeps saying that he is the protector of our democracy and that he is going to get tough and I don't see that we do anything but thump our chest and rattle our sabers. In the meantime the Soviets have so little fear of our chest thumping that they just blatantly open these crates and build these Mig 23's right in front of our eyes ninety miles from the shores of the United States of America in total violation of the Kruschev-Kennedy agreement and we don't do anything about it. So, it is typical of our society that as we go on we protest things and we never put teeth into it. And I think it's time that we have the courage ... if we say that we condemn the Miami Herald for what they are doing. Now, I don't think we should be putting our money into the coffers, even if it's very, very little. I'm sure the Miami Herald could care less, but that's... but it's a matter of conviction. 40. APPOINT STUART PATTON TO COM, UM, J. L. KNIGHT ADVISORY COMMITTEE (City Appointments will be made in the future) Mr. Gary: Mr. Mayor? Mayor Ferre: Yes, sir. Mr. Gary: If•I may, we have a clarification for Item 20 which is important in view of the fact that we are trying to get the Conference and Convention Center moving. Mayor Ferre: Alright, clarify. Mr. Gary: I have Mr. Odio here who is... Mr. Odio: We have nine members in that Advisory Board. The City has three, the University has three and the public has three. Mayor Ferre: Who determines the public's three? Mr. Odio: It was appointed by the City Commission, but this was done in 1978. Now, the members that we are missing today... Stuart Patton has been appointed by the University of Miami. Mayor Ferre: Alright, is there a motion Stuart Patton, I don't think there is any question on that? Mr. Plummer: So, move. Mayor Ferre: Is there a second? That's the University's appointee. Mr. Odio: Athalie Range... Mayor Ferre: Wait a minute, please. Is there anybody else from the University of Miami? Mr. Odio: No, that's the only one they are missing. Mayor Ferre: Call the roll on the University of Miami's appointee. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-188 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO THE CITY OF MIAMI/ UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER ADVISORY COMMITTEE. (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 passi-d and adopted by the following vote: AYE'S: Mr. Plummer, Mr. Perez and Mayor Ferre. NOES: None. ABSENT: Mr. Dawkins arid Vice -Mayor Carollo. g2 F E B 2 5 1982 FURTHER DISCUSSION: Mayor Ferre: Now, with regards tb those that are non -university. Mr. Odic: We are missing two from the City which is Athalie Range and Alexander McWolfe, Jr. They are our members and they have represented us well. Mayor Ferre: Who appointed Armando Codina? Mr. Odio: Armando Codina was appointed by the City. Mayor Ferre: So, if Mr. Codina resigns there would be one vacancy. Mr. Odio: We will be short one member. Mayor Ferre: Who are the other members that are there? Mr. Odic: We have Neil Schiff for the University, Paul Andrews whici is tr.e Chairman, Fred Burns, for the University of Miami, Armando Codina for the City, Lon Worth Crow for the University, Juvenal Pina for ttre City.; -.'- Mr. Plummer: Who? i'erre: Juvenal Pina. Mr. Odio: Juvenal Pina, Stuart Patton for the University of Miami, Athalie Range and Alexander McWolfe, Jr. Mayor Ferre: Is Athalie Range on the Board now? Mr. Odio: Yes, sir. Mr. Plumm,:.r- No, her term has expired though. Mr. Odio: Her term has expired. Mayor Ferre: I meant, she was on the Board. Mr. Odic: Yes, sir. Mayor Ferre: And McWolfe was on the Board? Mr. Odic: Yes, sir. Mayor Ferre: Ok. And these are City appointees? Mr. Odic: Yes. And they have presented us very well. Mayor Ferre: Yes, but you see, you rattle off four University and I thought the only had three. You said Stuart Patton, you also said... Mr. Odic: I'm sorry they have four. Mayor Ferre: You also said Neil Schiff. Mr. Odio: We have Neil Schiff, but understand that Neil Schiff is leaving now and Fred Burns is the one coming on board. I'm sorry. Mayor Ferre: Ok, I understand. So, Fred Burns takes Neil Schiff's.... Mr. Odic): Takes Neil Schiff's place. Mayor Ferre: So, they only have three and we actually have six? Mr. Odic: Yes, sir. They are called public and City. That's the way they were determined. Mayor Ferre: Ok, at the present time then what we have before us is the positio►:s of Athalie Range and McWolfe? Mr. Odic: That's all. 53 FEB 2 5 1982 Mayor F'etre: Alright, now, Commissioner Dawkins has requested that we get other names. Is that correct? Mr. Dawkins: Yes. Mayor Ferre: Alright, and that's where we stand. We just appointed Stuart Patton, because he is the University's appointee. Now, we are only talking about the two City appointees. Mr. Odio: That's correct. Mayor Ferre: Now, do they recommend or do we recommend? Mr. Odio: Well, it would be our recommendation or yours. I'm sorry. Mayor Ferre: In other words, it's... they... see, procedurally in the Down Development Authority and in the Off -Street Parking Authority, they recommend to us who they want and then we approve or disapprove. Mr. Odio: Not in this case. Mayor Ferre: That's not the case here? Mr. Odio: No, sir. It's a regular board of... Mayor Ferre: So, then it would be up to the members of the Commission to proffer other names. Mr. Odio: That is correct, sir. Mayor Ferre: Ok. So, you would like... you want to do that at the next meeting? Mr. Dawkins: Yes. Mayor Ferre: Alright, anything else? i Mr. Plummer: So, we have two names to proffer? Mayor Ferre: We have two names to proffer, that's correct. Mr. Odio: Two names. We need to have a full Advisory Board on... because we are going to be taking up the contract with the facility management people soon and we need to have a full board. Mr. Plummer: So, the terms are three years? Mr. Odio: I don't want to tell you something that I... off hand that I... Mr. Plummer: Well, there is nine members, right? Mr. Odio: Nine members. Mr. Plummer: So, it would be... It will seem like three years member is three, three and three. Mr. Odio: Well, they... Mr. Plummer: And every year this University would have one and we would have two. Mr. Odio: Two years it says here. Two years. Mr. Plummer: Well, we will take it up at the next meeting. Mayor Ferre: As I understand it, it's the will of this Commission to take this up at their next meeting. FEB 2 5 1982 I 41. FORMALIZING RESOLUTION: "CITY UNDER ON GOD" PROGRAM Mayor Ferre: Alright, now we are back to the last scheduled item which is 24. Mr. Plummer: Right. Mayor Ferrer And that is the City Under God. Mr. Plummer: Right. Mayor Ferre: Alright, now Reverend Anorga was here. Is tnere anybody nere representing the Committee, they waited most of the day. Alright, Janet, you are in opposition and I will recognize you for that purpose. Ms. Janet Cooper: Thank you, as I told you all at the last meeting this violates the Federal Constitution and the Florida Constitution in that it promotes a particular group of religions to the exclusion of other religions and I have been authorized by Terry Anderson who is the Co -Chairperson of the American Civil Liberties Union legal panel, that they also believe that this is violative of Federal and State Constitutions and that they intend to undertake an attack on the resolution if it's passed. Mr. Carollo: Well, we will intend to defend it in court, Janet. This Country was found on the precise of the family and God. And I am God fearing, God believing individual and in no way am I going to let people that want to distort and twist the Constitution around to interpret whatever they want to change the position that this Commission has taken. May be this is one of the reasons that this Country is heading into the problems that we are heading, because people such as yourself, Janet, don't want to believe and do not want to practice the beliefs that this Country was founded on and those are the beliefs that we believed under God. Ms. Cooper: This Country was founded on the freedom of religion and freedom to have no religion if you wish and by supporting a City... Mr. Carollo: Are you telling me you are an atheist, Janet? Ms. Cooper: I don't think that my particular religious beliefs are an issue here. I believe that what's an issue here is that... Mr. Carollo: I could only imagine then that you are saying you are, because I don't think if someone that would believe in God would be ashamed to admit it. Ms. Cooper: I an neither ashame, but I will not answer the question because it is not pertinent, Mr. Carollo. This issue is that you are talking about God which is the name given to a supreme being by a group of religions whereas there are a number of other groups of religions that do not believe in a God or in a person or supreme being with that name. And by having a City under God you are promoting that religion and denying others and you can't spend funds for that purpose. Mr. Carollo: The issue is, Janet, that you know, there are people in this Country unfortunately that have that same type of mentality, that are the ones that are helping to destroy this Country, that are trying to keep our children from believi:u7 ir, a God and worshiping a God, trying to destroy all our heroes and patriots that we had in our history, that's what's hurting this Country, Janet. Arid in no way will this Commissioner let anyone try to change my mind. Ms. Cooper: Well, no one is saying that you cannot exercise your beliefs outside of this body. Mayor Ferre: Janet, you have expr� sed your opinion and I think, you know, I FEB 25 1982 respect you for your right to have that opinion and we always respect everybody's right to think whatever they want to. And I'm sure the A.C.L.U. will sue us as they have in the past and I assume they will lose as they have in the past. Mr. Manager, if this resolution passes it is important and I think you should be advised by a legal counsel on this, that you open it up to all religions to that as long as we are not excluding anybody who wants to participate, then I think that we have a right to do this. In other words, what I'm saying is that it cannot be limited to Christians and Jews, if some Mohammedans wish to participate and we have any Hindues in this town or any other religious people that wish to participate they have a right to participate. So, I think for example, you should invite the Muslims to participate in this. I see no reason why they shouldn't be a part of this. So, anybody who wishes to... this must be free and open to anybody who wishes to participate. And I think if you do that you will be on safe legal grounds, ok. And so, is there a motion? Mr. Perez: I move. Mr. Carollo: Yes, send an invitation to Reverend 'Moon of the itafi Krisnna's too, to make sure Janet is pleased. Mayor Ferre: Alright, it's been moved by Demetrio Perez, is there a second? Mr. Plummer: Second. Mayor Ferre: It has been seconded, is there further discussion? Mr. Manager, on the record, is there any question about the fact that for us to be constitutional in this thing it must be open to anybody and everybody who wishes to participate. Mr. Gary: I understand the intent of the City Commission, there is no question in my mind. Mayor Ferre: Alright, further discussion, call the roll. The following resolution was introduced by Commissioner Perez, who moved its adoption: RESOLUTION NO. 82-189 A RESOLUTION DECLARING FRIDAY, MARCH 12, 1982, TO BE "A CITY UNDER GOD DAY" IN THE CITY OF MIAMI; FURHTER PROVIDING THAT A PROGRAM ENTITLED "A CITY UNDER GOD" TAKE PLACE AT 12 NOON ON SAID DATE AT BAYFRONT PARK; DIRECTING THE CITY MANAGER TO APPOINT A STEERING COMMITTEE OF DESIGNATED MEMBERS TO WORK WITH HIM IN PLANNING AND PROMOTING THIS EVENT; FURTHER DIRECTING THE CITY MANAGER TO APPOINT A TEMPORARY PROGRAM COMMITTEE MADE UP OF DESIGNATED MEMBERS TO PREPARE A PRELIMINARY PROGRAM FOR SAID EVENT; AND FURTHER DIRECTING THE CITY MANAGER TO APPOINT AN EXTENDED PROGRAM COMMITTEE OF DESIGNATED MEMBERS TO PREPARE THE FINAL PROGRAM FOR SAID EVENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOL:; : Nonf • . Q6 FEB 2 5 982 42. REFER TO MEMORIAL COMMITTEE: RENAMING OF PORTION OF 9 AVENUE "BOB HOPE BOULEVARD) - Request of National Parkinson Found. Mayor Ferre: Alright, we have some pocket items that are before us and they are as follows. Mr. Martin Fisher, Administrator of the National Parkinson Foundation waited all morning and he said... Mr. Plummer: I move it. Mayor Ferre:... he couldn't wait any longer and he had to go. This is for the National Parkinson Foundation's request to rename Northwest 9th Avenue from Northwest 14th to 18th Street as Bob Hope Boulevard. Mr. Plummer: Well, I move it that it follow the procedures that it normally share as far as public hearings and things are concerned. Mayor Ferre: Understood. Is there further discussion? Is there a second? Mr. Dawkins: Second. Mayor Ferre: Is there further discussion? You are not against Bob Hope are you, Janet. Ok, further discussion, call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 82-190 A MOTION REFERRING TO THE CITY OF MIAMI MEMORIAL COMMITTEE A REQUEST MADE BY THE PARKINSON'S FOUNDATION TO RENAME 9TH AVENUE FROM N.W. 14TH ST. TO 18TH STREET AS "BOB HOPE BOULEVARD", FURTHER REQUESTING THAT THEY GO THROUGH ALL NECESSARY PUBLIC HEARINGS AND COME BACK WITH THEIR RECOMMENDATION. 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. ViceMayor Joe Carollo Mayor Maurice A. Ferre NOES: None. 43. FORMALIZING RESOLUTION: CONDEMNATION TO THE MIAMI HERALD DUE TO ADVERTISING OF TRAVEL TO CUBA Mayor Ferre: Now there is a specific resolution condemning the Miami Herald for placing advertisement which advocates travel to Cuba by American Airways Charter, Inc. You have it before you. Is there a motion? Mr. Carollo: There is a motion, Mr. Mayor. Mayor Ferre: Is there a second? Mr. Perez: I second. 57 FEB 2 5 '1y6-2 Mayor Ferre: Is there further discussion on the resolution that's before us? Call the roll. The following resolution was'introduced by Commissioner Carollo► who moved its adoption: - RESOLUTION NO. 82-191 A RESOLUTION EXPRESSING THE CONDEMNATION BY THE CITY OF MIAMI COMMISSION OF ADVERTISEMENTS IN THE MIAMI HERALD NEWSPAPER ADVOCATING TRAVEL TO CUBA BY AMERICAN AIRWAYS CHARTER, INC. BASED UPON THE DECEPTION CREATED BY THE ADVERTISEMENT'S PRESENTATION OF CUBA AS A PARADISE WHEN IN FACT THE PEOPLE OF CUBA ARE SUFFERING UNDER A COMMUNIST REGIME; FURTHER EXPRESSING THE BELIEF ON THE PART OF THE CITY COMMISSION THAT THE ACCEPTANCE BY THE MIAMI HERALD OF THIS TYPE OF ADVERTISING NOT ONLY UNDERMINES THE MORAL PRECEPTS ON WHICH THIS NATION WAS FOUNDED BUT ALSO HELPS FURTHER THE ANTI -DEMOCRATIC GOALS OF COMMUNIST CUBA, THE MAIN PROMOTER OF TERRORISM IN THIS HEMISPHERE; AND FURTHER INSTRUCTING THE CITY CLERK TO SEND COPIES OF THE HEREIN RESOLUTION TO THE PRESIDENT OF THE KNIGHT-RIDDER NEWSPAPER AND TO THE CHIEF EDITOR OF THE MIAMI HERALD. (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. 44. INVITE RON FRAZIER TO APPEAR BEFORE THE CITY COMMISSION TO DISCUSS HIS PLAr1S FOR THE COURTYARD AREA OF COCONUT GROVE EXHIBITION CENTER Mayor Ferre: We have the Coconut Grove Exhibition Center west courtyard roof consultant selection. Mr. Plummer: Move Ron Frazier. Mayor Ferre: You have the memo before us, the Manager recommending Ron Frazier. Is there a second? Mr. Dawkins: Second. Mayor Ferre: Further discussion, call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 82-192 A MOTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE WITH MR. RON FRAZIER A PROPOSED FEE FOR CONSULTING SERVICES IN CONNECTION WITH THE COCONUT GROVE EXHIBITION CENTER WEST COURTYARD PROJECT AND FURTHER INSTRUCTING THE CITY MANAGER TO HAVE MR. FRAZIER APPEAR BEFORE THE COMMISSION AT THE EARLIEST POSSIBLE TIME TO EXPLAIN TO THE COMMISSION HIS PROJECTED COSTS, PLANS AND TIME TABLE FOR TliIS PROJECT. 88 FEB 2 51982 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. ViceMayor Joe Carollo Mayor Maurice A. Ferre NOES: None. FURTHER DISCUSSION: Mayor Ferre: I assume that Mr. Frazier realizes the urgency of this and that he has the staff capability to produce these drawings very quickly so we can get out and bid on this. Is that correct? Mr. Gary: Yes, sir. Mayor Ferre: Ok, would you have Mr. Frazier appear at the next Commission. Meeting to tell us how good a job and how quickly he is going to be doing this? Mr. Gary: Ok, now, Mr. Mayor, you want us to negotiate now... Mr. Plummer: A fee. Mr. Gary: ... a fee... Mr. Plummer: Sure. Mr. Gary: ... and then come back at the next City Commission Meeting... Mayor Ferre: I would like Ron to be here, so I want him to get on that microphone and tell us that he is going to work overtime to get this thing done for the A.b.T.A. Convention in October. Mr. Gary: Yes, sir. Mayor Ferre: That's the only purpose I want to make sure that he is here to tell US. 45. DISCUSSION ITEM: REQUEST OF RED CROSS FOR WAIVER OF FEES Mayor Ferre: We have a letter here from Penelfab and Mr.riilton Fisner, the President and he is a Director of the Dade County Chapter of the American Red Cross and the American Chapter of the Red Cross requested the use of Bayfront Auditorium and wants a waiver of the fee of eight hundred fifty dollars for the afternoon of March 24,,1982, from 2 to 6 P.M. and the purpose of it is the Recognition Day of all the people who volunteer for the American Red Cross iii this community. Mi. Plummer: Mr. Mayor, it is my understanding the policy of this Commission is it can't be. Mayor Ferre: Alright, I know, but Mr. Fisher has requested that it be brought... wrote Mr. Gary and said please bring it up for discussion. So, I just want to make sure that Mr. Gary answers when he does that it has been brought up for discussion. Now, unless I hear otherwise... Are you recommending that we waive it, Mr. Manager? 59 FEB 251982 Mr. Plummer: Mr. Mayor, can I bring up these other two issues? Mayor Ferre: Yes, sir. Mr. Plummer: You are aware of it is... I will just read them Mr. Mayor. Mr. Gary: Mr. Mayor, in response to your question, I am not recommending the waiver of this fee based on the established policy that we have. Mayor Ferre: Does anybody else want to speak any further on this issue? 46. WAIVE GREEN FEES FOR MIAMI SPRINGS GOLF COURSE FOR GREATER MIAMI WOMENS GOLF ASSOCIATION Mr. Plummer: Mr. Mayor, we had two items before us on the last Commission agenda which I don't think was made clear to the Commission. It is a resolution waiving the green fees for the Greater Miami Women Golf Association in such as waiving the Golf fees, Mr. Mayor, the Manager has explained to me and to Commissioner Dawkins that in fact this is a revenue producer, but they waived the fees and they do get the revenue from other such as the golf carts and the pro shop. Mayor Ferre: Is this the same thing we do for Mamie Bondue? Mr. Plummer: That is correct, sir. Mayor Ferre: I will tell you right now if we do it for Mrs. Reese, I want to make sure we do it for Mrs. Bondue too. Mr. Plummer: Absolutely. Mayor Ferre: Ok, is there a motion? Mr. Plummer: A resolution waiving green fees for the Greater Miami Women Golf Association on May 17, 1982 at the City of Miami Country Club in Miami Springs and on June 22, 1982 at the Mel Reese Golf Course and required use of electric cart by each golfer in said tournament. Now, Mr. Mayor, you might have a problem there, because I don't think in the Mamie Bondue they require the cart. This is a mandate here which does offset the revenue. Mr. Gary: They require the..(INAUDIBLE). Mr. Dawkins: I have no problem with... Mr. Plummer: They do it. Ok, fine, I move it. Mr. Dawkins: I second and I have no problems with demanding that any we waive have to go by the same rules. Mayor Ferre: You better be careful on that now. Mr. Dawkins: The same rule. I mean, if they are going to give them carts, they gut to rent the carts. Mayor Ferre: Now, Al, I'm a golfer, you better... Mr. Plummer: Al, says it's the same. He says it's the same. Mayer Ferre: So, that Mrs. Bondue and... Mr. Howard: Always mandate cost. Mayer Ferre: What? 90 FFa 2, 5 1982 Mr. Howard: When we waive a fee, we mandate the cost to make up, always. Mayor Ferre: Alright, there is a motion and a second, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 82-193 A RESOLUTION WAIVING GREEN FEES FOR THE GREATER MIAMI WOMEN'S GOLF ASSOCIATION ON MAY 17, 1982, AT THE CITY OF MIAMI COUNTRY CLUB IN MIAMI SPRINGS, AND JUNE 22, 1982, AT THE MELREESE GOLF COURSE AND REQUIRING USE OF AN ELECTRIC CART BY EACH GOLFER IN SAID TOURNAMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. 47. WAIVE COST OF A SINGLE GREEN FEE FOR ONE ROUND OF GOLF TO EACH 1962 AMERICAN CANCER SOCIETY GOLF CARD HOLDER DURING SUMMER SEASON AT THE MELREESE GOLF COURSE AND CITY OF MIAMI COUNTRY CLUB IN MIAMI SPRINGS Mr. Plummer: The companion to that is a resolution approving and authorizing the City's participation in the American Cancer Society's golf card program. Mr. Dawkins: Move it. Mayor Ferre: Alright, it's been moved and seconded, further discussion, call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 82-194 A RESOLUTION APPROVING AND AUTHORIZING THE CITY'S PARTICIPATION IN THE AMERICAN CANCER SOCIETY GOLF CARD PROGRAM BY WAIVING THE COST OF A SINGLE GREEN FEE FOR ONE ROUND OF GOLF TO EACH BEARER OF A 1982 AMERICAN CANCER SOCIETY GOLF CARD HOLDER DURING THE SUMMER SEASON AT EACH OF THE MELREESE GOLF COURSE AND CITY OF MIAMI COUNTRY CLUB IN MIAMI SPRINGS UNDER TERMS DESCRIBES HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre N, . ,:: Nonc . 91 F E B 2 5 1982 r48.INCREASE SALARY OF MARIE PETIT, Assistant to the Mayor Mayor Ferre: Yes, there is a request for Marie Petit, that you have before you on the budget in the office. Mr. Plummer: Move. Mr. Perez: Second. Mayor Ferre: This is for the increase of the salary that will increase Marie Petit's salary somewhat under... as I understand, Howard, what you came to an agreement with Marie was that she will be paid up to... what was it, forty thousand? Mr. Gary: She is up at the maximum of $40,247, if I recall. Mayor Ferre: She still would be under your two assistants, Walter arid Jack. Mr. Gary: Correct. Mr. Plummer: How much of a raise is she getting right now? Mr. Gary: It's about fifteen percent. Mayor Ferre: Arid the other rest of it is so that we can hire Mr. Viallalobos who is going to be working in my office on community affairs. Mr. Plummer: As long as you recommend it. Mayor Ferre: Alright, it's been moved and seconded, further discussion, call the roll. The follcti:ing motion was introduced by Commissioner Plummer, whc moved its adop=ion: MOTION NO. 82-195 A MOTION APPROVING THE ANNUAL SALARY AS ESTABLISHED BY THE CITY MANAGER FOR MARIE PETIT, ASSISTANT TO THE MANAGER I. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. ViceMayor Joe Carollo Mayor Maurice A. Ferre NOES: None. 92 FEB 2 51982 49. DECLARE INTENT OF COMMISSION TO SELL FIRE STATION NO. 14 TO THE INTER-AMERICAN CHAMBER OF COMMERCE OR TO BRIGADE 2506 MAYOR CARLAY FOUNDATION CORP. INC. EITHER INDIVIDUALLY OR JOINTLY AFTER ALL LEGAL DUE PUBLIC PROCESS Mayor Ferre: Alright, now, we have a request here from the Brigade, 2506 Brigade and they have a foundation. The letter address to me dated today and it reads as follows. ('AT THIS POINT THE MAYOR READS INTO THE RECORD A LETTER FROM THE BRIGADE 2506 MAYOR CARLAY FOUNDATION CORP, INC.) Now, as you know,... Mr. Manager, about four or five months ago we requested the administration to study the request of different organizations for the purpose of determining whether or not the surplus fire stations where available to the community based organizations for such projects as this. Now, I understand that there are about four or five organizations that have also requested the use of this particular fire station amongst which is the request may by the Inter -American Chamber of Commerce, a separate request may by the Association of Salesmen, the Bilingual Schools, the Puerto Rican Women...... Mr. Plummer: Albert - weren't they requesting? It was ham radio or something... Mayor Ferre: No, no, it was Albert 's organization for C. B.'s. Now, it is my opinion, Mr. Manager, that that particular building is sufficiently large to house all of these people. I have looked at the organization. It is going to require, I think, a lead organization to kind of put all of this together, and I would request, since the larger of these organizations are the Brigade and the Inter -American Chamber of Commerce, that you immediately enter into negotiations with them to see if we can house all of these different func- tions. Mr. Dawkins:.. Mr. Mayor, I think, and if I am in error, someone correct me. At the beginning of this, we discussed not giving these buildings away, to sell them, and I think we instructed staff to come back with a recommendation of what these properties would bring to us financially. Now, if we have, in my opinion, an organization who is willing to give us a fair market price, then I am in favor of selling all of these fire stations to anyone who pur- chased them at the fair market price. The only stipulation I would like to put in if it is legal, would be that if these non-profit organizations de- cided at one time to no longer be non-profit, that they sell the buildings back to us at what they paid for them and let the City of Miami sell them for what profit they need to get out of it. Am I correct, Mr. Manager? Mr. Gary: Mr. Mayor, and members of the Commission, some legal research has. to be done in terms of how we can dispose of these properties, because right now, the law is specific in terms of declaration of surplus, offering to Dade County, offering to the School Board, and then offering for lease, and then you go to the public. Now, I have asked the City Attorney to address the is- sue if we want to give it to social program agencies, whether or not we could do that without going through that process, but they need to do legal research to determine that. Mr. Plummer: Well, you have another big problem. Mayor Ferre: My problem is time, J. L. Mr. Plummer: Well, okay Maurice, you know, I understand what you are saying. This thing has been dragging on. The longer it drags, the more applications come in. Mayor Ferre: And the hotter the issue becomes. Mr. Plummer: Okay, but let me tell you where you have another problem and you had better damn well check it out. Part of the bond issue of the Fire Department showed that these pieces of property would be sold and the pro- ceeds would go to retire the bonds, and in my estimation - I am not a lawyer - but, under my understanding, you have no choice but to sell, because that money is shown in the bond issue that the money was in the proceeds of the sale of those four - station 4, station 14, 23 6 9. Mr. Dawkins: That is what happens when you have been here a long time. Mr. Plummer: Okay, the proceeds of those being sold would go to retire the bonds, and I don't think you can do anything else. Mayor Ferre: Alright, now I realize that we have all these legal constraints. I only have one problem and then I am going to make a motion. My problem, Mr. Manager, and Mr. City Attorney, is that this matter is one which we put a cer- tain amount of urgency to and we requested that the administration come back. With all due respects to you and to the City Attorney's office, this thing has been dragging now for well over 6 months, and it is time for us to get on with this issue, so I want it brought back on March llth. I would hope that we would have all the legals worked out and that we would be ready to move. In the meantime, as a matter of just a philosophical statement statement so that we understand each other, I am going to move, I am going to make a motion that with regards to fire station #14 at 141 N. W. 27th Avenue, if it is legal and if it possible in following all of the legal requirements of a public hearing and all the due process that is necessary, that it would be our intention, if possible to sell - and I repeat, sell, S-E-L-L, sell, as Father Gibson used to do - to sell this particular fire station, jointly or separately, to the 94 FEB 19 EB25 _82 0 Mayor Carlyle -Foundation-Corporation,'Inc. Z5U6 Brigade non=profit organiza- tion and/or to the Inter -American Chamber of Commerce, also a non-profit organization. Now, to those of you who are here that represent both the Bri- gade and the Inter -American Chamber of Commerce, it will be up to you, No. 1, to make sure that you have the proper documentation that yours is a non-profit organization and that you have ah Internal Revenue Service tax exempt status that properly qualifies you in that sense, and No. 2, that you understand that it would be the intention of this Commission to sell this property. Now, that is the request in the letter dated February 25, which I arr� going to give to the Clerk and ask that he have copies sent to all members of the Commission and to the Administration. Mr. Plummer: We all got one; they were hand delivered. Mayor Ferre: Oh, I am sorry. You all got one. Okay, so then I will just give it to the Manager and all I am doing today is making a declaration of intent and it has no legally binding effect other than it is the intention of this Commission to pursue this after all the due process of legal notices, hearings, and everything else that has to be done, and I so move. Mr. Plummer: Second the motion. Mr. Carollo: There has been a motion and a second. Roll call. Mayor Ferre: Wait a minute, under discussion, let the record reflect that we have Alicia Baro and Alberto Alberti and everybody else that comes here that it is the intention of the Manager and our instructions to you that it would be they who would be responsible for the relationship, No. 1, between each other and No. 2, of all of the other people who wish to have space within that commun- ity building. In other words, so that let them deal with each other rather than us, okay? They are the landlord and they have got to buy the building and let them deal with the others. Mr. Carollo: Any further discussion? Hearing none, roll call. The following motion was introduced by Mayor Ferre, who moved its adoption: MOTION NO. 82-196 A MOTION STATING THE INTENT OF THE CITY Or MIAMI COMMISSION TO SELL EITHER JOINTLY OR SEPARATELY FIRE STATION #14, LOCATED AT 141 N. W. 27th AVENUE TO BRIGADE 2506 aka "MAYOR CARLYLE FOUNDATION CORPORATION, INC." AND/OR TO THE INTER-AMERICAN CHAMBER OF COM- MERCE, ALSO A NON-PROFIT CORPORATION, PROVIDED SAID SALE IS LEGALLY POSSIBLE, AND AFTER ALL DUE PROCESS AND REQUIRED PUBLIC HEARINGS HAVE BEEN COMPLIED WITH PRIOR TO SUCH SALE. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. ViceMayor Joe Carollo Mayor Maurice A. Ferre. NOES: None. 50. LETT%R FROM CENTRO MATER AND DISCUSSION OF DAY CARE OPERATIONS AND HOT MEALS FOR' CHILDREN AS WELL AS THE ELDERLY. MaN,or Ferre: Mr. Manager, I have a letter here which members of the Commission also received a copy of, as did Dena spillman from Centro Mater. Centro Mater and Monsignor Brian Walsh are obviously very concerned about the discussion that went on in these chambers in regards to day-care centers and after -school centers. Now, I just want to put on the record what my position was and I think unani- mously the Commission concurred on the question of social agencies. In the same w.3\1 that we have hot meals, and the Little Havana Community Center has a standard, ii; other words, that they put out so many calories of food and so many grams of 95 FEB 2 51982 Mayor Ferre: (coni carbohydrates or whatever all the standards are and that they are charging $3.00 per meal, or whatever it is and we are making other agencies that wish to supply hot meals live up to those standards in both quality and price. In other words, we are not going to have somebody giving a meal to the Coconut Grove area and charging $5.00 a meal when we can get the same meal for $3.00 from another agency. Now, you will notice in this breakdown that these people who are rendering this service, Centro Mater, and I understand the other agencies that we deal with, with one nota- ble exception, is not substantially off of this. You will notice two very important things that stand out in this report. One is that it is costing the agencies $7.75 per client to take care of these children, and the second thing that really stands out... Mr. Plummer: Per what, per day? Mayor Ferre: Per day, yes, per day. And the other thing that really stands out is that it is costing the City of Miami $1.58. Now, it is my understand- ing that there are day care centers that we are financing, including our own, that are costing $15 and $20 a day. Now, if Centro Mater and the Catholic charities and whoever supervise these can provide a day care center for $7.75 total cost, No. 1, and No. 2, if for every $1.58 that we give per day per child, we are getting a total value of $7.75 and they are getting it from Tallahassee, Washington, the Catholic Church, the Methodist Church, or what- ever church or group or individuals that are sponsors, then I submit to you that we get a substantially bigger bang for the buck, by getting a multiplier of 4 or 5. Now, there are agencies, and I think we have to be fair, we have to make sure that this all doesn't end up in the Catholic Welfare Agency, that we also go to the Protestant Welfare Agency and the Federation and make sure that we try to get sponsorship on a generalized geographic, religious, racial, and every kind of a balance that we can get, and if JESCA, or any other agency, whether it be a church group or another tax-free group are willing to come up with dollars to supplement what we are doing and we get a multiplier of 3, 4 or 5 times and I think the children who are the people we are trying to really take care of are much better served if one that costs us less and there- fore we can get more kids served and too, we can get these agencies to come up with matching dollars, whether it be $2, $3, or $4 for every dollar we put out and we should give preference to those agencies where we can get maximum advantage. Now, let me be very specific. I don't want anybody misunderstand- ing. We have, and I want to be very clear on the record what I am worried about. I am worried about our own day care centers. Al, are you still around? Al Howard. Alright. In our own day care centers, let me tell you what I think we are doing, and I know Janet, you are not going to like this, but I am going to tell you how I feel about this. We are today subsidizing day care service for White, Anglo-saxon, middle class people. Mr. Plummer: Where? Mayor Ferre: Well, Silver Bluff is one. Mr. Plummer: Shenandoah? Mayor Ferre: Shenandoah is another. Mr. Plummer: Absolutely not. Mayor Ferre: Well, I am just telling you that it is my opinion.. Mr. Plummer: You had better be there, because I have been there. Mayor Ferre: It is my opinion that we are subsidizing in the Silver Bluff and some of these day care centers and it is costing $3000 - let me finish - and we are taking care of the children from 8:00 o'clock in the morning until 10:00 o'clock at night and I will tell you - please correct me, I hope I am wroiw - the perception that I have. We take care of another day care center, thr Holy Cross Day Care Center, and the Holy Cross Day Care Center, again we arc taking, care of these children for more than 10 hours, and we are paying 10O% on the dollar and it is costing substantially more on a per day client basis. Now, l submit to you is what we should do is go after servicing of mort. children. I think that we should take care of needy children first. I think that in:.tead of day care centers, we should go into after school centers so that we are taking care of children after they get out of school, not as a suhstitute to, and that we should try to expand the number of children that we FEB` 25 1982 0 Mayor Ferre: (con't) are servicing. Right now we are not servicing more than 200 kids, slightly over, in our own day care operation, and I would much rather take care of 400 kids in the afternoon, after school and I think we should set standards and live by these standards, and I think that I don't mind a slight deviation, if it costs Centro Mater $7.75 per day, I don't mind somebody else spending $10.00, but I would mind if somebody spent $15.00 to do the same ser- vice, and No. 2, if we can get the Catholic Church, or the Protestant services, or the Federation and any one of its agencies to help pick up some money and do it, and we can get 3 or 4 multipliers, that is what we ought to do. I am just putting this on the record, because I know it is coming up real soon, and I know that it is an issue that we have to deal with. Mr. Odio: The last cost figure we had for this budget year was $307 per child per year. Now, if we... Mr. Plummet: What? Mr. Odio: $307 per child. Now, if we increase the fees - if you increase the fees before the last budget.... Mr. Plummer: But, that is not the cost of the child for the year, that is the cost of the City. Mr. Odio: That is what it is costing the City to maintain the day care centers. Mr. Perez: That is matching funds? Mr. Plummer: No, fees. Mr. Odio: But, it used to cost the City close to $3000. Mr. Perez: But, what is it costing the City? Mr. Odio: We get some matching funds from the State. Mr. Plummer: Yes, but it cost something like $2000 a child. Mr. Odio: Well, if you add the cost of the fee..oh yes, okay. Mayor Ferre: Cesar, we are not going to solve the problem here today, but I am just telling you as a matter of philosophy - I am stating on the recora now I feel. I am only speaking for one person here, but I am telling you that I am going to vote for those programs where they are cost effective and where we are getting multipliers. Now if the parents are part of the people who are pay- ing into the program and we are getting a 10 to 1 multiplier, then I am not ad- verse to that, even if it takes care of middle class children and we are not taking care of poor children, however, everything equal, I want to tell you that it is certainly my intention to vote for those things where we get the most bang for the buck, where we take care of the most children and that we take of those that are the neediest. Then, the second thing that I want to put into the record was this. Plummer is always talking about hot meals, and I agree with him and I am not going to change my position. That is our No. 1. Let me tell you about hot meals, and there is something that I didn't under- stand. Somebody came in to talk to me about that the other day. There are a lot of Senior Citizens that need hot meals, but there are also a lot of children in this town that are going hungry, and I want to tell you that I am not about to put myself in a position to say that we are going to feed older people and let children go hungry, so when we talk about hot meals, we are talking about hot meals in the day care centers as well as in the senior centers. Mr. Odio: On the day care centers, we have tried one time to close them down, you know, because of the high cost, but we found out that a lot of poor people, like working mothers, are depending on the day care centers to be able to work, and you know, we really have to..... M:iyc�r Ferre: And 1 am all for it, I am just stating two things. One is cost t4 ficiency and the other one is that children deserve to eat too. Mr. Plummer: Maurice, you will find that in the school program there are free lunches available. 9"7 FEB r' 51�82 W e Mayor Ferre: Yes, oKay. I am talking about the poor children* J. L. Mr. Plummer: I understand, but that is where the schools make it available. They serve a breakfast and lunch free for kids who cannot afford it. Mayor Ferre: Alright, is there anything else? 51. BRIEF DISCUSSION: SPORTS AUTHORITY. MARCH 12, 1902 DEADLINE FOR CITY WITHDRAWAL IF SPORTS AUTHORITY REJECTS TERMS. Mr. Plummer: I want to talk about the Sport Authority and one other item. Mayor Ferre: Go ahead. Mr. Plummer: Mr. Mayor, as I asked this morning, I will be meeting on Monday, March 1st with the obvious proposal of the new Sports Authority, and I want to ask if there is any different thinking of this Commission, or any policy that they wish for me to carry forward to that meeting. Mr. Dawkins: Are we still a member, J. L., when the papers say... Mr. Plummer: Yes, we are until April of 1983. Mr. Carollo: No, no, no. We will be until March 12th, my birthday, unless they change their mind. Mr. Plummer: Oh, you mean the policy of this Commission. Mr. Carollo: Correct. Mr. Dawkins: Yes, of this Commission. They said that nine members would be from Broward County, nine members would be from Dade County and one member of the nineteen member board would be appointed by the Governor. That did not say anything about the City of Miami. Mr. Plummer: Millard, my understanding Is that the nine members presenting serv- ing as the Dade County will continue. They will have nine from Broward County and the Governor will appoint one, but the problem is, and why I am asking for direction, I think Carollo passed a motion at this Commission meeting that if in fact they didn't meet certain requirements by March 15th, he was going to... Mr. Carollo: By March 12th. Mr. Plummer: Was it the 12th? March 12th, I stand corrected. That day he was going to propose that the City of Miami create its own Sports Authority. Mr. Carollo: No, sir. Let me correct you as to what you voted upon with me, along with everyone else here. The motion was that if by March llth, they would not agree to the issues that we pointed out to them that we wanted, that on March 12th, the City of Miami would automatically be out of the Sports Authority, so as it stands now, unless this Commission wants to change its mind, and go on record as being wishy-washy, comes March 12th, we are out of the Sports Authority. Mr. Plummer: Okay, so what you are indicating... Mr. Carollo: I for one do not want to go on record as being wishy-washy. What you are indicating is, then... Mayor Ferre: (Laughter) Nobody has any doubts about that right now. Mr. Car()lln: Coming from a non -God fearing individual, Janet, I appreciate it. (Iaught er) . Mr. Plummer: What you are indicating by your motion, Joe, is that the three mEImhers appointed by this Commission would be withdrawn, is that what you are in,:icating? What I am indicating is that the City of Miami would be pulling out; th,i iF what we agreed upon. If they want to keep, like I am sure they are gi-iig,, t the three members that they appointed to that Sports Authority, that it; their prerogative. 98 FEB 2 5 1982 Mr. Plummer: Then, what yoai are pulling out is the City's possible turning over of the football and baseball stadium. Mr. Carollo: We are pulling out, period. We will not be participating as the City, and we will not be handling over the Orange Bowl or the stadium to them. Mayor Ferre: Let me put it to you this way. This Commission has gone on record that unless these conditions that we have set down are met, we will be pulling out on March 12th. Now, in the future, in April and June and December and '85 and '88, or the next time Joe Robbie comes up for negotiations in 1992, or what- ever. Mr. Plummer: '86. Mayor Ferre: Or beyond that. This City can always do anything it wishes when this Commission agrees, or the future Commission agrees to do anything that we want within the law with our properties. Now, I think that we are in a very, very flexible situation because I think that there is no way that I know of where the Sports Authority of Metropolitan Dade County and Broward County are going to pay for a $200,000,000 Sports Complex where.... Mr. Plummer: $700,000,000. Mayor Ferre: It doesn't matter, Plummer, because beyond a certain point, what is the difference whether it is $200,000,000, a billion, 10 billion dollars, what is the difference, it is all a pipe dream anyway. In other words, beyond a certain point, you know just as well as I do, that we are going to need sub- stantial amounts of money, and that Dade County and Broward County don't have that in the bank and the only way they can do it is by a legislative act. Now, what legislative act? Gambling. Well, that seems to be out of the question now, because the gambling entities, which are the dogs and Jai Alai aren't going to go up to Lake Lucerne. Two, a special liquor tax. Well, you know that is not going ... you talked to your brother, Larry. That is not going anywhere. You know that is not going anywhere. What else is there? Mr. Plummer: Sales tax. Mayor Ferre: Sales tax. Bedroom tax, then you get back to ad valorem tax, and you and I both know that No. 1, I don't think they are going to put that on the ballot, and if they do put it on the ballot, for $200,000,000, or whatever, I doubt very much if it is going to pass. Mr. Plummer: Mr. Clerk, since there seems to be no redirection of this Commission's policy, would you please furnish my office tomorrow a copy of the resolution passed here at this Commission, with a deadline of March llth, if those criteria are not met, and I will bring that very clear to the Sports Authority on Monday. Mayor Ferre: Okay, now, you had.... Mr. Dawkins: Let him have one more and let him get rid of that... Max -or Ferre: Alright, Plummer, what else.. Mr. Carollo: I only wish we had this firm over there as it is here. Mr. Plummer: What can I tell you? Mayor Ferre: What else do you have, J. L.? 52. ACCIDENTS ON SOUTH DIXIE HIGHWAY DUE TO CONCERETE POLES. REQUEST F. P. 6 P. TO APPEAR TO EXPLAIN POSSIBLE REPLACEMENT WITH BREAK- AWAY POLES. Mr. Plummer: I just want to bring up one thing. As most of you know, I live right contiguous to Dixie Highway. For some reason, Mr. Mayor, we have been experiencing a tremendous amount of very, very serious accidents on Dixie Highway. I would like to put the burden on Florida Power b Light -even though I realize that Dixie High- way is a main arterial- to come back to this Commission and tell us why they can- not replace those concrete poles which are tremendously injuring and killing our citizenry with the new aluminum breakaway poles which are available, which would not kill our people. I would like to pvt that in the form of a motion, that they Come back and tell us why they can't ea it, if in fact they cannot. iff 99 .FEB 2 51982 \ C Mayor Ferre: There is a motion. Is there a second? Further discussion. Call the roll, please. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 82-197 A MOTION OF THE CITY COMMISSION INSTRUCTING THE CITY MANAGER TO REQUEST A PERSONAL APPEARANCE BY A REPRESENTATIVE FROM THE "FLORIDA POWER & LIGHT, CO", WHO SHALL COME BEFORE THE C01,11NIS- SION TO DISCUSS THE ACCIDENT AND FATALITY RATE ON SOUTH DIXIE HIGHWAY, AND WHO SHALL EXPLAIN TO THE CITY COMMISSION THE REASONS WHY, IF ANY, THAT THE PRESENT CONCRETE POLES WHICH ARE.RESULTING IN THE NEEDLESS DEATHS OF OUR CITIZENS C&NNOT BE REPLACED BY ALUMINUM BREAK -AWAY POLES. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote: AYFS: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. ViceMayor Joe Carollo Mayor Maurice A. Ferre. NOES: None. 53. MISCELLANEOUS DISCUSSION ITEMS: DINNER KEY CONTRACT: JOB TRAILING MONIES: PARK WEST & OVERTOWN DEVELOPMENT; DIRECTOR OF TRADE & COMMERCE; AUDIT COMMITTEE; REVIEW OF OUTSIDE COUNSEL BY THE LAW DEPARnIENT. Mayor Ferre: Mr. Manager, the other day I talked to Janet Reno. She is waiting for your input, so that she can conclude her report on the Marina, so would you call her and give her whatever information she is lacking.. Mr. Gary: Yes, sir. Mayor Ferre: So that that can be ... and I would like for this matter to be brought back on the March llth agenda so that we can finally move one way or the other so that we can get ahead in building this marina. In other words, whether we are going to award it to Crowder, or whether we are going to go to the No. 2, or whether we are going to readvertise. Okay? Secondly, we have got the matter of the job training, as you recall, we gave the monies that we had to the downtown Junior College, Mr. Manager, and we were going to look for additional monies so that we would dedicate some additional monies tc: job train- ing. Mr. Gary: Yes sir. Mayer Ferre: It was for secretarial work and I would appreciate your putting that on the March llth agenda also. I would hope you have a positive recommenda- tio,1 on that. = Mr. Cary: Positive. Mayer Ferre: I said I would hope there would be a positive recommendation on that. No. 3, we have the Park West issue. As you recall, about four months ago, or five months ago, when Mr. Reid and Roy Kenzie got together, and then you worked out this thins. The link pin, the key to the whole thing was getting a manager for both Overtown and Park West. You were going to advertise and come back, and I think we must make that decision, very soon now, because this whole thing is floundering now because of the lack of, in my opinion, of having somebody pull tim, Ior both Overtown and Park West, and we need to get that, and Miller Dawkins has :ouu- issues that he wants to resolve, and this requires some time, so it has t;ot t 1w resolved. Mr. - .i .. 5'.. sir. lorj FEB 2 51982 Mayor Ferre: Otherwise, we are sitting. You know, we are not moving, and we need to move. So Park West and Overtown have got to be brought up for action by this Commission. I would hope you would put that on the agenda on the next meeting. Now, the other thing is, we have a new director for the City's office of Trade & Commerce, Charlotte Gallogly. She has been on for two weeks now. I would hope that by the next two'weeks, she would have a program. What I am concerned about is... Mr. Carollo: Excuse me, Mr. Mayor, she has been there for two weeks, right? Mr. Plummer: No, longer than two weeks; she has been there a month. Mayor Ferre: Maybe three weeks. Mr. Carollo: Mr. Manager, I haven't even had the courtesy, especially after we spoke, of having her come to my office to introduce herself. Mayor Ferre: Don't worry, you are not alone; I haven't seen her either. Now, I think the important thing, Mr. Manager, is not the issue of the individual, Charlotte Gallogly. What is important is that, as you will recall - you were here, and so was Plummer - you know, there was resistance to the creation of this office. It took three years to create it. You, and Father Gibson and Rose were against it, because it wasn't clear what it was going to do. Finally, Fat- her Gibson changed his vote, or you, I forget which one, J. L., and we ended up creating this office of Trade & Commerce. The purpose of the Office of Trade & Commerce was mainly that we could develop Miami as an international, Inter -Ameri- can Center. .Lvl FEB 251982 That was the main purpose, Now, some work was doTie on that and I am concerned about the watering down of that initial purpose. I'm not saying that it's happening. I realize that we also have an obligation, for example, to help the Garment Center, to help neighborhood economic redevelopment, but that was not the purpose of that office as established. I want to make sure..S'll tell you. I just came back from Mexico -you were there. one thing was patently clear to me. The majority of the Mexicans who have money and are traveling and investing money outside of Mexico don't even know where Miami is. They are all going to Texa9 and they are all going to California. And Mexico City is closer to Miami International Airport than it is to Los Angeles International Airport, and we are not getting that money here. And I think that we are not doing anyting to foment economic development in money coming in from Mexico, we are not doing anything in Brazil, we have a new initiative by the President of the United and the Administration in the Caribbean, I don't think we are doing anyting in Jamaica and I think we need to do a lot more in those direc- tions. And I would like for our new Director to come and explain to us on March llth what the Department is going to be doing in what remains of this fiscal year and how we are going to get closer to those...outline the goals and what the Department is going to do to meet those goals. I want to make sure that Ms. Galloughly clearly understands that we set the policy, and that this Commission will set the policy on that particular Department and the direction it is to take. Mr. Gary: Mr. Mayor, for the record, there is no question that the City Com- mission sets the policy, there is no question that Ms. Gallogly has not changed those policies because she hasn't gotten them from me and I would assure you that the policies that have been established by the City Commissinn have been followed, will be followed and we'll be happy to give you the ob- jectives at the next meeting. Mayor Ferre: All right, I have two other things that I would like to dis- cuss. This Commission went on record a year ago or more on creating an Audit Committee. It took us a long time to appoint an Audit Committee. The Audit Committee is in place now. We recently retained a new outside auditing firm. It is essential, in my opinion, that a policy as set by this Commission on that Committee, the Audit Committee, be upheld and sustained and furthered. Now, at that time, we passed out some brochures that Peat Marwick had given me as - to how an audit committee would function on most cities. As of this moment, I'm not too sure... and I ran into somebody from Coopers & Lybrant and I asked how the relationship was going with the Audit Committee, they told me that there was no relationship ongoing with the Audit Committee. Now, he may have been wrong and it may be the wrong guy that I talked to but we need to get that clarified, and I would like for you to put on the March llth meeting the Audit Committee and how the Audit Committee is going to function, ..do we have a Chairman of the Audit Committee? Mr. Gary: Yes. Mayor Ferre: Who is the Chairman? Mr. Gary: Mr. Manny Garcia,from Cejas & Garcia. Mayor Ferre: And who appointed him? Mr. Gary: The City Commission. Mayor Ferre: Well, I would like to review that. I would like for Mr. Garcia to visit members of the Commission and I would like for it to come up for dlo-cussion on March llth so that we understand how the Audit Committee will function. 102 FE5 24 5 1982 Mavor Farr@: And 1ik1v. Mr. Knox. are Sou still he e? George, we need to review. I would like to spend an hour, if not in March or April, reviewing the whole relationship of the lawsuit, the major lawsuits that we have had, and whether or not we should retain outside counsel, for appeals when we lose them, who we have on retention now, and for what purpose. I am specifically concerned about "Save Brickell Avenue" and the lawsuits that we have against them, the deal where we have lost several cases and we are going on to appeal on that and it is my opinion that perhaps we should get some people that are specifically in the area of appellate law in that general specific field, and Y realize that all the big law firms in town are involved - Bob Traurig and etcetera, etcetera, and they are going to be involved, but I think we also need to have our own specialist to make darn sure that we get all the help we can as we move into this complicated field of appellate work. 54. CONDOLENCES TO THE FAMILY OF MEL REESE, FORZMP, CITY MAitAGER AND PP.EPARATION OF BROULE PLAQUE FOR THE GOLF COURSE. Mayor Ferre: Mr. Plummer moves that we send condolences to the Reese family and that Mrs. Reese told me that she would like to be present personally to whatever ceremony we have, in addition to which Mrs. Reese has asked that we have a bronze plaque placed at the Mel Reese Golf Course, designating it as the Mel Reese Golf Course, as Mel wanted that before he died. That was the only request he had of the City that a first class big bronze plaque be placed there so that it would be there in perpetuity. Would you have someone design that and I would like to have the design ready by March llth. That is a sim- ple thing, I think. It has to have the seal of the City and maybe some kind of semblance of Mel Reese on the outside and we ought to get that costed out and have it for Mrs. Reese whenever we present the condolences. Will you put that in your motion? Mr. Plummer: Surely. Mayor Ferre: Is there a second? Further discussion on the resolution of con- dolences? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 82-198 A MOTION OF THE CITY COMMISSION EXPRESSING ITS CONDOLENCES TO THE FAMILY OF MELVIN L. REESE, FORMER CITY MANAGER OF THE CITY OF MIAMI, FURTHER DIRECTING THE CITY MANAGER TO MAKE ARRANGEMENTS FOR THE PRESENTATION CEREMONY AND PLACEMENT OF A BRONZE PLAQUE IN OFFICIAL COMMEMORATION OF THE NAMING OF THIS GOLF COURSE IN HIS MEMORY. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. ViceMayor Joe Carollo Mayor Maurice A. Ferre. NOES: None. 103 FES 2 51982 There being no further business to come before the City Commission, on motion duly made and seconded, the meeting was adjourned at 5:55 P.M. MAURICE A. FERRE Mayor e ATTEST: RALPH G. ONGIE City Clerk MATTY HIRAI Assistant City Clerk VV 104 FEB 2 51982 �} IMC0110 0�� MEETING DATE: f4DEA. February 25, 1982 ITEM NO DOCUMENT IDENTIFICATION I COMMISSION RETRIEVAL 1 a -A 3 4 5 A 7 8 9 10 11 12 13 14 15 16 DECLARE IBIZA, SPAIN, SISTER CITY AND APPEARANCE OF SEVERAL VISITING DIGNITARIES. OFFICIALLY VACATE, CLOSE N.S. ALLEY LOCATED BETWEEN N.W. 22/33 STS. NO. MIAMI AVENUE, N.W. 1ST STREET "A.C.-SUBDIVISION'.' ACCEPT PLAT: "OAKVIEW ESTATES". ACCEPT PLAT: BRICKELL KEY ON CLAUGHTON ISLAND. EAT ABLISH DATE OF MAY 13, 1982 AS DATE OF PUBLIC HEAR WOELD TRADE CENTER (A DEVELOPMENT OF REGIONAL IMPACT)/ GRANT RIGHT AND PERMISSION FOR CONSTRUCTION OF BRIDGE - TYPE STRUCTURES ETC., FOR RAPID TRANSIT SYSTEM STATE I. BLUE RIBBON COMMITTEE TO INVESTIGATE WHETHER JACKSON MEMORIAL HOSPITAL IS DISCHANGING ITS COMMITMENT TO TREATING INDIGENTS UNDER THE AGREEMENT TRANSFERRING THE FACILITY TO THE COUNTY FROM PRIOR CITY OWNERSHIP. ACCEPT PLAT: "MAYFAIR SUBDIVISION" AS AMENDED. ISSUE VARIOUS WASTE COLLECTION LICENSES. ALLOCATE $8,000 IN SUPPORT OF FUND RAISING WEEKEND DEPARTMENT OF RECREATION, CULTURAL DIVISION. VIZCAYA 14USEUM AND THE INTERNATIONAL RESCUE COMMITTEE. DISPOSE OF NO -LONGER SERVICABLE EQUIPMENT: FOUR MOTOR VEHICLES. DISPOSE OF NO -LONGER SERVICABLE EQUIPMENT 1974 RESCUE AMBULANCE. DOWNTOWN DOMMUNITY DEVELOPMENT ADVISORY BOARD - APPOINTMENTS ENVIROMENTLA PRESERVATION REVIEW BOARD APPOINTMENTS. APPOINT TO BOARD OF DIRECTORS MIAMI CAPITAL DEVELOPMENT INC. DESIGNATE NEWSPAPERS FOR PUBLICATION OF NOTICE OF DELINQUENT LIENS. R-82-153 R-82-155 R-82-157 R-82-161 R-82-168 R-82-174 R-82-175 R-82-177 R-82-178 R-82-179 R-82-180 R-82-181 R-82-182 R-82-183 R-82-184 R-82-185 82-153 82-155 82-157 82-161 82-168 82-174 82-175 82-177 82-178 82-179 82-180 82-181 82-182- 82-183 82-184 82-185 /DOcUmENT•INDEX CONTINUED e�# 2 ITEM NO@ DOCUMENT IDENTIFICATION ••�--��-�• _...__..._ 17 APPOINT STUART PATTON TO COMM. UM. J.L. KNIGHT ADVISORY COMMITTEE (CITY APPOINTMENTS WILL BE MADE IN THE FUTURE). R-82-188 82-188 18 FORMALIZING RESOLUTION:"CITY UNDER GOD" PROGRAM. R-82-189 82-189 19 FORMALIZING RESOLUTION: CONDEMNATION TO THE MIAMI HERALD DUE TO ADVERTISING OF TRAVEL TO CUBA. R-82-191 82-191 20 WAIVE GREEN FEES FOR MIAMI SPRINGS GOLF COURSE FOR GREATER MIAMI WOMENS GOLF ASSOCIATION. R-82-193 82-193 21 WAIVE COST OF A SINGLE GREEN FEE FOR ONE ROUND OF GOLF TO EACH 1982 AMERICAN CANCER SOCIETY GOLF CARD HOLDER DURING SUMMER SEASON AT THE MELREESE GOLF COURSE AND CITY OF MIAMI COUNTRY CLUB IN MIAMI SPRINGS. R-82-194 82-194